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A33726 Legal and other reasons (with all humility) presented to His most Excellent Majesty, King Charles II. and to both his Honorable Houses of Parliament, why the subjects of England, should not be imprisoned for debt or damages, or any thing thereunto relating Cole, William, 1615 or 16-1698. 1675 (1675) Wing C5034; ESTC R214940 11,718 16

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LEGAL and other REASONS With all Humility Presented to His Most Excellent Majesty King Charles II. AND TO Both His Honorable Houses OF PARLIAMENT WHY THE SUBJECTS of ENGLAND Should not be Imprisoned FOR Debt or Damages Or any thing thereunto relating LONDON Printed in the year MDCLXXV Legal and other Reasons with all humility presented to His Most Excellent Majesty King Charles the Second and to both His Honorable Houses of Parliament why the Subjects of England should not be Imprisoned for Debt or Damages or any thing thereunto relating IT is evidently and undeniably plain that by the Ancient Common Law of the Land the Bodies of any of the people of England could not at the Sute of any Subject be Arrested Imprisonned or any of them Outlawed for Debt or Damages or any thing thereunto relating as clearly appears not only by our Antient Laws but by the Authority of these two great Sages of the Law the Lord Chief Justice Coke in his Third Report fol. 11 12. and the Lord Dyer An. 23 Eliz. 305. b. the which also by Magna Charta Chap. 29. that great Expositor of our Antient Laws was in affirmation of the Antient Common Law with great and 〈◊〉 circumspection provided against and not only not as much as thought on before the Conq●est but was abhorred in the least to be practised from that time and the time of the birth of that explanatory Law which was in the Ninth year of the Reign of King Henry the Third until many Ages after there being variety of great weighty and pregnant Reasons for the preservation of that greatest Liberty and Priviledge of the Subject the freedome of their Persons from Imprisonment and as well those Antient Laws before the Conquest as the Laws until the making of the great Charter and threescore years after were in that particular with all studious and sedulous care inviolably observed as an eminent and signal Badge of the immunitie and heroick freedome of the English Nation who were then deservedly called libera gens and lived so and in so great an happy Splendor to the envious admiration of the rest of the Christian World and to the eternal honor of our Ancestors without being subject to any such Imprisonment not only all the time of William the Conquerors Reign which was above Twenty years but one hundred fourscore and forteen years after his death and until the Statute of Westminster the second Chapter the 11. made in the Thirteenth year of King Edward the First invented a Capias and a new Process of Outlawry which from that time was full so many years the Statute of the two and fiftieth of Henry the Third Chap. 23. although the first that ever made any English Mans person subject to such Arrest● yet it being only against Baylifs of particular Lords I lay no great stress on but that breach and inroad being once made into and upon the Common Law by the Statute of Westminster the Second gave encouragement to the unhappy production of another Statute made in the twenty fifth year of the Reign of King Edward the Third Chap. 17. by which it was Enacted that such Process should be made in Debt and detinue of Chattels and by process of Exigent as was then used in in Writs of Accompt which were two such keen Laws that they not only Invaded but cut in sunder the choycest Liberty of the Subject by submitting the persons of the then free people of England to the cruelty of Imprisonment for Debt and Damages but the same wise King Edward the Third of whom the Lord Chief Justice Coke in the second part of his Institutes fol. 29 gives this Character That King Henry the Second Edward the First and Edward the Third were all of them Princes of great Fortitude Wisdome and Justice that governed by their Laws but that in the Reign of King Edward the Third the Laws did principally flourish who saith he was a Noble Wise and Wa 〈…〉 Prince This prudent Prince I say looking deliberately into the Wounds those Statutes had given to the honor and happiness of the Kingdom and to that ancient and most venerable part of the Common Law which preserved his Subjects persons from Imprisonment and the very many Kings Reigns and Ages without any the least interruption which that glorious and famous Liberty had prosperously continued and as it were repenting of the making of the said bitter Statute of the twenty fifth year of his own Raign and he and his Parliament finding the mischievous inconveniences and dishonor that it had put upon the people and resolving to file those Shakles from off the Subjects feet and to reinvest them into the Liberty and freedome of their persons from imprisonment according to the common Law of the Land by that gracious healing Statute made in the two and fortieth year of the Reign of the same King Edward the Third Chap. 1. those two Raizor metled cutting rigorous Laws were as to such Imprisonment as aforesaid by the opinion of many and by the general construction of Law and the true intendment hereof Repealed which declared that the Great Charter should be holden and kept in all points and if any Statute be made to the contrary that it should be holden for none which said last mentioned Statute was according to common construction intended fully to restore the brightness and luster of the ancient Common Law and to support and maintain the strength and vigor of that Standard of Law and Justice the Great Charter which not only asserts His Majesties just Rights and Prerogative Royal but defends and preserves the Freedom and just Liberties of the people which as the same Author in his Preface to his second Institute tells us hath been confirmed by two and thirty Acts of Parliament and not only so but by the Statute of the twenty fifth of Edward the First the same is to be taken as the Common Law But the seting up and creation of the great numbers of Offices and Officers and the herds of persons which those most severe Laws Westminster the Second and the Statute of the twenty fifth of Edward the Third had most advantageously preferred almost in every City Town and Village of the Kingdome had so fix'd fastned and rivited such Multitudes of persons many of them of very great and eminent quality and interest in places of great and tempting gain which had made so deep an impression upon the minds of that prevalent and powerful part of the Kingdome who had thereby plentifully enricht themselves that notwithstanding the said Statute of the two and foroftieth Edw. the Third so intentionally composed as aforesaid for the manumitting of the people of England as 〈◊〉 from the thraldome of a Prison as otherwise to preserve their Liberty they went on to Imprison the Bodies of the Subject which hath ever since been practised not only by vertue of those two Laws Westminster the Second and the twenty fifth of Edward the Third