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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