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A85118 To the Right Honorable (his Excellency) Oliver Cromwell, Lord Generall of all the forces raised in England, Ireland, and Scotland, for the regainment of Englands long lost liberties, and to the Honorable Tho. Harrison, Major Generall, and to the whole councell of state sitting at White-Hall, J. F. wisheth health, and increase of true honor in the Lord Jesus here, and eternall glory in the glorious world to come. J. F. 1653 (1653) Wing F44; Thomason E216_4; ESTC R18957 9,457 10

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To the Right Honorable his Excellency Oliver Cromwel Lord Generall of all the Forces raised in England Ireland and Scotland for the regainment of Englands long lost Liberties and to the Honorable Tho. Harrison Major Generall and to the whole Councell of State sitting at White-Hall J. F. wisheth health and increase of true honor in the Lord Jesus here and eternall glory in the glorious world to come Right Honorable AS for many years past by the good hand of my God I have been drawn forth for the publike Whatsoever is not of Christ is assuredly of the Divel but cruelty oppression and murthering of men and women in Prisons Goals and Dungeons is not of Christ Therefore of the Divell and his servants they are that so do whose will they act and to whom they obey All Felons are baylable and not to be imprisoned before Iudgement hath passed of their crime fo 73. and not for self-ends Those that imprison a free man or blemish his credit are by the Law infamous persons fo 192. so I desire still to persist to the glory of his great name and this my countries welfare being also stirred up thereunto by your hitherto most Christian proceedings Multitude of Clerks not to be permitted fo 246. and revived in my spirit by the great hopes I do retain of your faithfull perseverance to the perfecting of this good work by you taken in hand for the calling a new Representative to the glory of God No Writs of Accompt to be issued forth because none may imprison another wrongfully fo 247. the advance of the Kingdome of Jesus Christ in true Justice Judgement and Mercy and the restoration of this your Native Countries Birth-rights and Liberties Upon that accompt I am incouraged most humbly to present these few lines to your pious wisdome No Right in Iudgement to be sold for fees or bribes fo 258. and Christian consideration hoping that your faith and zeale for Gods glory and this your Countries peace and tranquillity will speedily appear by your works to all the inhabitants of this Land From the dayes of Alfred King of England to the time of Edward Nationall Councells were held twice in the year Reasons shewed That the new Statute for the imprisonment of men for debt is Evill Illegall and quite contrary to the Fundamentall Law reason and the liberty of the people fo 283. 284. whereby all your friends in the Lord will have great cause of rejoycing and your enemies will be inforced to acknowledge and say that of a surety God is in you and that he the only Lord of Hosts See that antient famous Law-book called Mirror of Justice fol. 6. the God of Israel hath done very great and excellent things by you for this poore inslaved Nation under the Norman yoke of 587. yeares continnance And therefore I do most humbly and heartily in the Lord beseech you to consider That it is deliverance from this Norman yoke of bondage and slavery Justice and Right was then done truly and all causes of controversie determined within fifteen dayes fol. 8. your selves and the people of God in this Nation have fought for to the hazzard of yours and their lives the vast expense of treasure and effusion of a Sea of bloud None to be hang'd for theft nor imprisoned for debt fo 192. 257. that notwithstanding the innumerable blessings of God through your indefatigable endeavours conferred on this Nation and the severall vowes and promises made by the late Parliament to this Nation for the restoration of their antient Rights and Liberties as by their Declaration of the seventh of April 1646. No Action to be entred nor received to Judgement unlessesecurity was first given to make good the plaint and costs and damages to the Defendant if not made good fol. 14. 233. 257. False Witnesses are to die the death being attainted of a false appeal fo 228. and March 1648. appeareth yet hitherto that great unsupportable and unparallell'd bondage of Arrest and imprisonment of men and womens persons is still continued whereby the liberty of the persons a point of highest concernment to the people in general is left open to the violent It is man-slaughter for any Officer to suffer the poore to starve or perish and not to relieve them by setting them on work fo 228. barbarous and destructive usage of every covetous curlish Naball and most inhumane cruell oppressor and the prosperity of the Lawyers and their selfe-seeking adherents hitherto preferred before the peace and well-being of this great Nation the dangerous consequence whereof is legible to all in this Maxime what befalls one man to day may befall another to morrow All imprisonment for debt Imprisonment of men till they die in prison is manslaughter by the Law fol. 27. 28. 30. 274. Corrupt Judges were then punished in the same manner and measure as had been by them unjustly adjudged or inflicted upon others folio 207. being clearly an incroachment upon the Common Law and therefore in the first place fit to be rectified at this time and in this year of Englands Jubilee 1653. And as at present through mercy the spirits of all do partake of Christian liberty so is it as requisite and just that our bodies being the mansion houses of our spirits may enjoy liberty and not to be buried alive in the severall most filthy noysome graves None to be imprisoned but for Felony Murther and Treason fo 29. 57. 231. 73. 274. Also Hen. 3.1218 called Goales Prisons and Dungeons That Liberty from the late Norman thraldome Felons escape out of prison is no mortall offence because warranted by the Law of Nature for safety fo 226. is the due birth-right of this Nation No Iudge nor Officer is to take any fee of the people nor reward fo 64. appeareth by the severall Statutes of this Land from King Alfreds time to the third year of this last King Charles and was also acknowledged by all the Judges of this corrupt age in the case of Sir William Herbors reported by Sir Edward Cook Lord Chiefe Justice where it was resolved None to be imprisoned but onely for mortall offences fo 73. that by the Common Law Any Judge once doing wrong is never more to be obeyed fo 230. which is to be understood the Great Charter of England neither the body nor Lands of the Defendant are liable to execution upon judgement for debt or damages à fortiori therefore not to arrests and imprisonment upon any Mesne Processe whatsoever Goales and Prisons ordained for mortall offenders only fo 72. Goalers punishable for plundering prisoners exacting maimes from them as putting them in irons fo 231. for that every man is an innocent person in the eye of the Law untill condemned by it How unreasonable and unjust a thing is it then Goalers to be severely punished for detaining any Felon in prison after his
acquittalls and if the Felon die in Goal being acquitted then the Goaler is to be hang'd and is to lose his place for exacting maimes from the prisoners or for putting any of them in irons fo 231. that any free man of England should suffer imprisonment upon a Capias which is the utmost punishment the Law can inflict upon any Malefactor before he be condemned by the Law It is therefore most clear A Pleader or Lawyer once attainted of false pleading or maintaining any unjust Action or Cause is to suffer bodily punishment fol. 230. that all the Statutes and Judgements which have subjected the bodies of men and women to arrests and imprisonment are diametrically opposite to the Law of God to reason to charity and to the Great Charter being the Fountain of all the Fundamentall Lawes of England therefore void and null for that the body kept in an iron Cage as a bird cannot yeeld satisfaction for any debt any other ways nor by any other means then by liberty and industry in some calling For that Charter is to be interpreted by it selfe Judges to suffer death for pronouncing false Judgement fo 239. and not to be infringed by the innovating Lawes and opinions of Judges that lived in the cruell tyrannicall inslaving times If Iustice thus take place again wo then to all our Goalers Prisons and Counter-keepers of this age by whom thousands have been thus destroyed whose wrested constructions of this very point in question hath ever tended more to the filling of their own purses No Goalers to keep a prison to the dishonor of the State fo 214. and the purses of their adherents with the unjust gaine of destructive contention and by tossing and tumbling of men and women from one prison to another and upon Habias Corpus and Commitments then to the due administration of Justice according to the just rules of the Common Law of England Wherefore upon very just reasons founded on the birth-right of this Nation A Iudge that shall delay to relieve a prisoner and he that imprisoneth any man till he die and doth not relieve him are both man-slayers fo 30. He hang'd Iudge Hall because he saved Trustrom the Sheriff from death who bad taken to the Kings use from some men their goods against their wills for that such taking and robbery hath no difference fo 241. judgments passed by any against any one point of the Great Charter in point of this Nations Liberty ought to stand and become as Null and all the offenders are punishable in their estates and lives for murthering of so many thousands and robbing this whole Nation of their just Liberties for if any one absurd errour be admitted against our liberty a thousand will follow as at this day wofull experience sheweth and the perishing lives of thousands of families can testifie I do therefore in the behalfe of this still inslaved Nation Alfred King of England hang'd 44. Iudges in one year for oppressing the people by false Iudgement fo 240. become a most humble and earnest Suitor unto your Excellency and to this great Councell He hang'd Judge Athelstone because the judged Herbert to death for an offence not mortal fo 240. by whom the Lord hath done very great things for this Nation to the admiration yea to the astonishment of all Europe and by his powerfull actings in and by you he hath made you to become Englands glory and Europes wonder by putting down the high and mighty and exalting the humble and meek Behold this is the Lords doing He hang'd Iudge Rolfe for hanging a Felon for escaping out of prison before conviction fo 240. and it is marvellous in our eyes and in the eyes of all Nations That by some speedy course all the poor oppressed in the Land may be relieved and righted He hang'd Iudge Diling because he caused Eldon to be hang'd who killed a man by chance fo 242. the inslaved out of all prisons forth with set free from the iron bands of their illegall and most cruell captivity under which they are still oppressed yea pressed to death That the abhominable tyrannicall Writ Capias may be forthwith abolished Iudge Th●lwell was imprisoned for imprisoning a man for an offence not mortall and the most antient justifiable common course for levying of debts on mens estates may be restored it being indifferent to all that live under one common Government to take such apt remedies one against the other for all just debts as the wisdome of our Ancestors thought fit and used Iudge Belling was hanged for judging Leston to death by fraud that so Foxes Wolves Bears and Tygers Iudge Oswine was hang'd for judging Fulk to death out of Court fo 242. I mean wicked Lawyers Bayliffs Serjeants and Goalers may thereby be prevented from ravening any longer on the bodies of men and women whereby their estates for many yeares past have been and still are a prey unto such insatiable Monsters of Cruelty and the oppressed their wives and children are thereby exposed to famine and misery The faithfull and speedy accomplishment of this will inable many thousands yea all by their liberty Iudge Seafold was banged for judging Ordine to death for not answering Iudge Muckline was hang'd because he hang'd Hellgrave by a Warrant of Indictment not speciall fo 242. to use wayes and meanes of industry to serve their country labour in their severall callings make provisions for payment of all just debts and live peaceably and charitably one with another in this Commonwealth Iudge Arnold was hanged for saving a Bayliff from death who had robbed the people by distresses and for selling distresses and for extorting fines fo 241. to the glory of God and to the honor of the English Nation which hitherto for these her cruell practises bears the burden of a great reproach and is therein condemned by all other Nations both Christian and Pagan let the cause be therefore taken away and then the effects will cease The accomplishment of these particulars in the speedy dissolution of all prisons for debt in the Land and the due administration of Justice to the people in every County Hundred and Town Corporate by the Neighbourhood so as no man may travell from his habitation above four or five miles for Justice and not a hundred or two hundred miles Iudge Therborne was hanged because he had judged one Osgat to death for a fact whereof be had been acquitted before against the same Plaintiff which acquittance Osgat tendered to approve by oath but because be did not aver it by Record Iudge Therborn would not allow of the Acquittall which was tendered to him fol. 242. as now will advance the Kingdome of Jesus Christ Iudge R●…wood was imprisoned for imprisoning a man for a debt due to the said King Alfred himself fo 244. peace and happinesse to this Nation and work the totall downfall of Satans Thrones