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A89407 Multum in parvo: or, A summary narratiue (not hitherto revealed to publick view) on behalfe of prisoners captived for debt, and of all concerned natives: faithfully extracted out of the fundamentall common-law of this nation, as well in its originall unaltured-puritie and genuine sence, as in recytall of and relating to the abusive practise of divers innovated lawes since repealed, repugnant to the Great Charter (being the abstract or compendium of the common-law, and of the peoples birth-rights, liberties, and priviledges) confirmed by above 30 subsequent Acts and Statutes, parliamentall in force and unrepealed (which unfold (velamine levato) the misprision and illegallity of arresting, outlawing, & imprisoning the body for debt. Now in these opportune times, (professing reformation and regulation of the lawes and generall grievances) presented (for timely redresse) to the clement propitious consideration of his excellency the Lord Generall Cromwell, his right honourable the Counsell of State; and others in authority, in the pensive vanne and mournfullest march of publick grievances and calamities, no sorrowes being equivalent to these. Mullins, James. 1653 (1653) Wing M3062; Thomason E703_7; ESTC R207137 6,787 16

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capias and processe of Outlawry by the eighteenth branch of the same Statute an Elegit was added against the moyty of the Debtors Lands being never before lyable to Execution either upon Judgement or Recognizance That about 60 yeares after and 280 years and upwards after the Norman conquest Anno 25 Edw. 3. by a very short sharp and severe Law the like Processe was granted in Debt as in Accompt and this was the first fatall blow which wounded the Great Charter and struck at the foundation of the peoples Liberties yet it is worthy observation that there neither was or indeed could be framed or invented any preface or introduction to manifest or expresse any reason cause or motive to glosse or countenance that innovation mutation and mutilation of the Great Charter and peoples personall freedome concerning debt Anno 42. Edw. 3. The same King and Parliamentall counsell advisedly pondering the sad consequencies of that former cruell Act of the 25 of his reigne having been existent about eighteen yeares did abrogate and repeale the same together with the Mother in law Act or Parent which had nursed that degenerate monster by some reserved State policy totally if it were possible to neneruate and exterminate the memory of the Grand Charter and legall Priviledges of the people both root branch and stemme before that Act of Grace of the same King restored and revived it with the peoples Liberties thereby explaining and declaring all precedent or subsequent Acts tending to the violation or infringing the same to be void and null so una eademque manus vulnus opempue tulit the same hand that gave the wound recured it That neverthelesse that Capias and Processe in debt as in accompt relating indefinitly a like to the vniuersality of the people they were promiscuously and incongruiously included and comprehended amongst the sort of those impeached fraudulent fugitive Accomptants being probably some few inconsiderable number albeit the entire Classe of the people were neither Receivers or Accomptants to any yet by reason of that mistake or misconstructions were severed scattered and chased away as chaffe or dust before the winde and ex improviso bereaved of their precious liberty and freedome without any distinction of quality or degrees That notwithstanding the then Peeres and Nobility as is probable either by reason of their dissaslent or interposition against that destructive innovated Act of 25 Edw. 3. or in respect of those Arcana Imperii unsafe to contrevert or of some other indulgent caution or connivence did continue enjoy their personall freedomes and priviledges from arrest and imprisonment for debt as of old along the various intervalls and intervemencies of Time and Government untill the late Parliament eclip sed their personall Priviledge Peerage Votes and Suffrages That during that short chasme or space of Time wherein that inniovated Act of 25 Edw. 3. had bin vigent and excercised that dulce venenum or sweet poyson of lucre exhausted from wealthy wilfull Creditors drilled or extorted from imprisoned or bayled Debtors had so inchanted or infested the a varitious a petites of som eminent persons otherwise grave judicious likewise the covetuous desires apprehensions of some then practick Attornyes Under-Sheriffs Prison-keepers Arresting-Bayliffs and other Officers Agents then newly elected actuating in City Country to pursue perplex as well solvent as insolvent debtors That those wily craftsmen unwilling to relinguish that Golden gaine and spoyle so cunningly and cautiously contrived that Spyderlike Web to catch and ensnare the wrongfully dispriviledged people That the same usurped illegall course and proceedings for Arresting Outlawing and Imprisoning the body for debt became a constant cruell practise and custome amongst them and it is humbly offered to your prudent considerations whether or no partly by reason of the supernumerary swarmes and swervings of some covetous moderne titulary Atturneyes and illiterall ignorant Soliciters and other inconsiderable Agents who like Wasps or Hornets blast and venome many causes and clyents they grasp or seize on some pestilent or more pernitious spirit then those of past ages do not stil range rage amongst us animating factious people to undertake impertinent litigious Suites wilfull wealthy Creditors to exercise tyranny to the life against solvent or insolvent debters under colour of the said abusive practise and custome The Petitioners humbly conceive that no illegall innovated practise or custome can be so antient and authentick as law neither ought any inconsiderate inadvertence or misconstruction of law though flourished with specious splendid pretences or shadowed and obscured under the cloud or false courtaine of ample antiquity to be fancied and admitted to create or approve that to bee Law which revera is not law but e contra as in this distressed case a meer usurped abusive practise and falacy opposite unto and unwarrant by any just incorrupt law equity sence or conscience For these and the precedent movies the Petitioners humbly hope and beseech further That your Excelency and Honors will think meet and declare 1. That al the said abusive usurped practises customs and manifold evill destructive effects in any wise preceding or proceeding by that meanes may henceforth be abolished cease and determine together with all relation force or use of those obsolete pernicious Acts from whence they have rudely and violently flowed without ebbe or abatement as from vaste streames poluted and consisting of many corrupt and troubled waters 2. That you Wisedomes having elected for your Objects the most excellent ends of Reformation and Regulation of the law insufferable encroached practise and abuses thereof will vouchsafe to declare That the Great Charter being as aforesaid the Epitome of the law rightly distinguishing between the then regall legall prerogative power and the Subjects Rights and Priviledges together with all the affirmative lawes and Statutes for maintainance ratification and establishment thereof and of the peoples libertie may remaine and continve inviolably in force the rather for that it doth legally and clearely appeare thereby and especially by the Act of 42 of Edw. 3. That all repugnant Statutes in any wise infringing the Great Charter or the peoples liberties or which gave the Capias or Exigent in debt as in accompt to be repealed abrogated and held for null and or none they being indeed the murthering-peeces or engines wherewith the sly wily Engineeres of those times durst and did attempt to batter and invade the liberties peace tranquillity of the people 3. That the fundamentall primitive lawes of this land being the primitive results of the venerable conscript law-makers who deservedly enjoyed the palme and priority in compyling apt and equall lawes for steering and regulating Prince and people from swerving astray to the right hand or the left may continue as things sacred andinviolable and the preheminence and meliority of their judgements who made them not suffer eclipse but that the interpretation thereof in their originall genuine sence being as