Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	act_n	great_a	parliament_n	3,586	5	6.2777	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A94412	To his Excellency the Lord Generall Cromwell and to the rest of the Right Honourable the Councel of State, patriots and defenders of the common-laws and liberties of the Common-wealth of England. The humble petition of many thousands of prisoners for debt, in severall prisons of a[l]lthe counties of England and Wales; remonstrating the illegality of the arrests, out-lawries and imprisonments for debt, being the saddest grievance, and of the most considerable concernment to all the free people of this nation.	Smith, William, Sir, 1616 or 17-1696.	1653 (1653)	Wing T1353; Thomason 669.f.17[28]; ESTC R211583	2,834	1

To his Excellency the Lord Generall CROMWELL And to the rest of the Right Honourable the COUNCEL of STATE PATRIOTS and DEFENDERS of the Common-Laws and Liberties of the Common-wealth of ENGLAND The humble Petition of many thousands of Prisoners for Debt in severall Prisons of a●l the Counties of England and Wales remonstrating the Illegallity of Arrests Out-lawries and Imprisonments for Debt being the saddest Grievance and of the most considerable concernment to all the free People of this Nation Sheweth THat by the Common Law of England the body could not be arrested Mag. Cart. 29. imprisoned or outlawed for debt or dammage● either before or after judgment nor the Lands taken in Execution but the goods and chattels and the profits of the Debtors lands by two writs ordained for that purpose and still in force viz. A Fieri facias of the goods and chattels only and a Levari facies of the Corn and present profits that grew upon the lands And the Reason of the Law Cooks Instit 2 part fo 394. that the body in case of debt or dammage should not be detained in Prison was that the Person should alwaies be at liberty not only to follow his own affairs and businesse but also to serve the Common-wealth when need should require nor the possession of the Lands in that case taken away Sir Will Herb. Case Cook lib. 3. for that would hinder the following of tillage which is so beneficiall to the Common-wealth which Law continued inviolate for the space of 250. years after the Norman conquest untill the Statute of Westminster the 2. Chap. 11. which first gave a Capias and Process of Outlawry against fugitives and fraudulent Accomptants only And after the same Statute of Westminster the 2. Chap. 18. gave an Elegit of the moiety of Lands which was the first Act that made Lands subject to execution upon a Recognizance or Judgment West 2. cap. 11. West 2. cap. 18. 25. Ed 3 cap. 17. That afterwards by the Statute of 25. Ed. 3. chap. 17. It was accorded that such process should be made in a Writ of Debt and detinue of chattels as was then used in a writ of accompt which was indeed a short but a very sharp and c●uel law yet it is to be observed that such punishment was not given in debt as in accompt by that Law That those Laws were afterwards repealed by the generall Statute of 42. 42. Ed. 3. cap. 1 Cooks Instit 2. part 23. 85 42. of Ed ● Ed. 3. which in judgment of law declared all former or subsequent Statutes made against the great Charter to be voyd and holden for none That notwithstanding this Golden Law which restored the Peoples Liberty to the full again yet that short intervall of time betwixt the said 25. and the 42. of the same King Ed. 3. being not above 18. years had so bewitched their minds and captivated the judgments of such officers and persons as received profit by imprisoned or bayled debtors as Sheriffs Bayliffs Serjeants at Mace Attorneys Sollicitors and other Officers and Attendants in Citties and Towns Corporate in severall Offices which were newly created and erected in those times with the gain that proceeded by the Fees of Writs Bayles Outlawries and other numerous ways extorted from the persons arrested outlawed and imprisoned or bayled for debt that never since could that evill Spirit be cast out of the generation of such Craftsmen and Persons otherwise eminently learned in the Law that for lucre sake after the repeal of those aforesaid cruel Iron-Laws the evill and unlawfull practise of the same unto this day continued against all Persons but the Peers of the Land And either by misconstruction or inadvertancy of the true and genuine sense of the Common-Law it selfe And of the said generall Statute of 42. Ed. 3. and contrary to thirty Acts of Parliament since made in affirmance of the Great Charter of the Liberties of the people of England the same evill use of Arrests Outlawries and Imprisonmeut for debt and other civill causes and the extent of lands by Elegit continues to this very day to the utter ruine of the persons and estates of the free-born people of England Quo jure Quavae injurae We humbly submit to your Excellencies and your Councells better judgment For redresse whereof 13. Ed 1. 25. Ed. 3. and in respect that all subsequent Statutes whatsoever made to enthrall the person by arrests and Outlary have relation unto the said repealed and voyd Acts of the 13th of Ed. the first and of the 25. Ed. 3. and they must by all reason be as voyd as thse Acts to which they are related And for that there is no positive Statute-Law in force at this day for the continuing of the Capias and Exigent against the Persons in debt and meerly Civill causes since the Repeal of the said Laws 42. Ed. 3. by force of the 42th year of the same Ed. 3. May it please your Excellency and the rest of your Honourable Councell considering the Illegallity of arrests outlaries and extents as well for the common good of all the Free-born People of this Nation As for the poor Prisoners cause that the ancient liberty of the person may be restored and vindicated by your Justice from the Tyranny of those Laws and Times which imposed the said yoak of Imprisonment and Outlary upon the People in civill causes And that the antient and laudable formes for recovering of just debts may be by Originall Writs out of the Chancery and for not-appearing a Distresse infinite which course is more beneficiall far to the Common-wealth in general and more remedial to the Plaintiffe in particular then either the Bill of Middlesex Latitat Clausum fregie or Capias Vt-legatum can be and also that all judiciall writs may be executed upon the Defendants lands and goods by the Levari facias and Fieri facias and not by Extent upon the Elegit or Capias ad satisficiendum upon the body as the modern practise is in destruction of the Defendant all debts and dammages recovered being most properly and by Intendement of the Common Law to be levied upon the profits of the lands and goods and chattels only and not upon the Person And that all Prisoners for debt whatsoever may be discharged of their imprisonment and the Creditors left to resort to the Debtors lands and goods for satisfection of thier just debts by judiciall and no new Arbitrary proceedings now in attempt against the Free People of this Nation by malevolent Creditors and oppressing Vsurers in Opposito of the ancient way and true legall formes of Justice So will the Common laws revive and flourish the multiplicity of vexatious Suits be abated Tyllage and Trading advanced the estates of all persons preserved to their Families and Posterity malice and envy taken away oppression and wrong repressed peace and love established in this Nation which is manifestly intended and aimed at by your Excellencies late Declaration And your Excellencies good name for so Pious and admirable a Piece of Justice be recommended with Honor to the present and future free-born People of England The Petitioners further humbly beseeching your Excellency and Honourable Councell that they may be admitted by themselves or Agents in case of opposition or obstruction to exhibit additionalls in defence and maintenance of their desires And that your Excellency and Councell will be graciously pleased in the mean time untill the said Errors and evill customes now in ure can be reversed and reformed by the new Representative to permit all Prisoners in Execution in the Fleet or else where to go abroad by Baston to follow their business as untill the Statute of the first of Rich. 2. was accustomed constantly after the Stat. of 25. Ed. 3. Or otherwise to have their Writs of Habeas Corpus gtanted them Gratis 1. Rich. 2 25. Ed. 3. out of any the four Courts of Westminster without contradiction of their Creditors or any of them And as in all Duty bound your Petitioners shall ever pray c. Signed by Sir William Smith K. in the behalf of himself and the Prisoners aforesaid