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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and genuine sence, as in recytall of and relating to the abusive practise of divers innovated lawes since repealed, repugnant to the Great Charter (being the abstract or compendium of the common-law, and of the peoples birth-rights, liberties, and priviledges) confirmed by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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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 unalturedpuritie and genuine sence as in recytall of and relating to the abusive practise of divers Innovated Lawes since repealed repugnant to the Great Charter being the Abstract or Compendium of the Common-law and of the peoples Birth-rights Liberties and Priviledges confirmed by above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 LONDON Printed for J. H. and are to be sold at the Royall Exchance in Corn-Hill 1653. Observations Legall BY the Fundamentall or Common-Law equally composed and digested betweene Prince and People Creditor and Debtor the body or person of man is exempt from Arrest Outlawry Imprisonment for Debt as well before as after Judgement and the Debtors Lands from being extended in Execution the Common Law knowing no such course of personall Imprisonment except in Criminall Causes or Trespasses committed with Force and Armes it having bin so resolved by all the Judges of England as appeareth in Sir VVilliam Herberts Case cyted in the Lord Cookes third Reportes That neither in Process or Execution for Debt any Capias did lye against the body this sage Judgment result being derived and rightly grounded upon the Law of the Great Charter Cap. 29. which doth caution and provide That no Free man shall be taken imprisoned or outlawed but by the Law of the Land then in use Magna fuit quondam magnae reverentia Chartae The manifest legall-motives hereof were 1. In respect that by positive Law the Goods Chattles and profits of Debtors Lands are sovert and lyable to these two coercive Writs in force that is to say A Fiery Facias against the Debtors Goods and Chattles and a Levary Facias against the profits increasing bpon the Lands of the Debtor untill satisfaction of the debt and damage recovered So there is no positive Law for issuing the Capias or Exigent against the body or person in meere civill causes Further Inducives of these provisionall Laws probably were 1. First to the end that the creditor might at his owne election be rightly secured and satisfied his just debts where the same is properly due and recoverable in the Debtors Estate reall or personall there being no other meanes cogitable and consistent with Law and Reason for satisfaction of Debts and Demands pecuniary the Body Blood Indignity Thraldome and precious Liberty and Life of Man being an inconsistent illegall pledge or security for debt 2. To the end That the person or body of man being a participant living Member of the common wealth may not be severed and secluded from it as a withered branch by thraldome and incarceration for debt at the insatiate vindicture humour and passion of mercilesse malevolent creditors enemies to humane-moderation it being incongruous petulant arrogance in them to excercise and inflict such barbarous cruelty and domination over their debtors their even-christians whether solvent or insolvent concerning any usurious penall or pecuniary matters violence extorted profit by ruine or damage of others being Turpe lucrum a vile ignominious Jewishgaine 3. To the end That the body or person might alwayes remaine at liberty to exercise and intend the necessary affaires and accomodations of life and livelihood for support and subsistance of themselves their Wives Children Families and Vocations 4. To the end That the body or person might be constantly in free readinesse and capacity according to their best faculties qualifications to serve their native Countrey either in Peace or Warre as usefull Members thereof and the Common-wealth not be surprized of that right and priviledge and the natives untimely bereft of humane dignity and all consolations of life through the deteiner and restraint in the living Sepulcher of a Prison by that meanes become disesteemed like telluris onus et inutile pondus an unprofitable burden to the earth and a Map of misery to himselfe folded after the fancy and furey of mavevolent cruell creditors 5. To the end That the necessary approved Calling consonant to the creators a wfull-ordinance imposed on lapsed man to earne his living sudore vultus by industry and labour principally consisting in seasonable acting and advancing tillage and agriculture not to be effected without toyle and sweat of the most sternuous laborious rurall-people might not by reason of personall restraint for Debt be intercepted and discouraged in their painfull endeavours for their own and the common utility and tillage approved by God and man be impeached or suffered to decay to the helplesse ruine of the enthraled Debtor and all his and the unspeakable prejduce of the common wealth 6. To the end That neither any Vocation Manuall or Mechanike Art Artist Trade Merchandize Mysterie or Manufactory being as the vitall pulses nerues and ligaments which cymment and secure the existence of a well-composed common-wealth might not in any wise be dismayed diverted or frustrated of their expectations callings and credits at the will of the creditor and the same become fruitlesse by reason of personall captivity for debt not terminary in any yeare or time of Jubilee albeit the common Law hath as aforesaid prescribed and providently provided for the creditors satisfaction of Debts and Demands pecuniary by and out of the debtors Estate reall or personall 7. To the end That those excellent impartiall Law-makers might declare themselves sensible of the divine Lawes Fiats and Santions in that behalf and that mans privation of that perdulce bonum precious liberty fatally opposite and destructive to the prerecited principles and inducements nature reason religion the propagation of common-wealths and the choicest faculties and felicities of life The Petitioners further remonstrate That these provident propitious Lawes for the personall freedome of the people concerning debt did flourish continue in violate the space of two hundred and twenty years after the Norman conquest till the thirteenth yeare of Edw. the first by the Statute of West minster 2c 11. the first capias and processe of Outlawry was introduced in formality and sucgestion meerely concerning perticular persons presupposed by that Statue to be criminall fugitive fraudulent Accomptants but really and intentionally as seemed by the sudden sad concequence innovated paulatin not visibly at once but by degrees to invade and swallow up the peoples priviledges and innumities for in the face or heeles of that