The Humble petition of the prisoners in the fleet: as it was presented to his Highness the Lord Protector, and his Honourable councell. The 18th. day of May, 1655. Remonstrating the illegality of outlaries, arrests, and imprisonments, in civill, and personall actions. With an expedient for the satisfaction of all debts for ever, without arrests or imprisonment.
      
       
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         EarlyPrint Project
         Evanston,IL, Notre Dame, IN, St. Louis, MO
         2017
         A93417
         Wing S4263
         Thomason E843_3
         99866321
         99866321
         168197
         
           
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         Early English books online.
      
       
         (EEBO-TCP ; phase 1, no. A93417)
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             The Humble petition of the prisoners in the fleet: as it was presented to his Highness the Lord Protector, and his Honourable councell. The 18th. day of May, 1655. Remonstrating the illegality of outlaries, arrests, and imprisonments, in civill, and personall actions. With an expedient for the satisfaction of all debts for ever, without arrests or imprisonment.
             Smith, William, fl. 1655.
          
           8 p.
           
             Printed by T. Forcet.,
             [London] :
             1655.
          
           
             Signed at end by 36 prisoners, the first being: William Smith.
             Place of publication from Wing.
             Annotation on Thomason copy: "June. 18".
             Reproduction of the original in the British Library.
          
        
      
    
     
       
         eng
      
       
         
           Prisoners -- Legal status, laws, etc. -- Early works to 1800.
           Poor -- Law and legislation -- England -- Early works to 1800.
        
      
    
       A93417   (Thomason E843_3).  civilwar no The Humble petition of the prisoners in the fleet::  as it was presented to his Highness the Lord Protector, and his Honourable councell. Th Smith, William 1655    3377 7 0 0 0 0 0 21 C  The  rate of 21 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 
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           The
           humble
           Petition
           of
           the
           Prisoners
           in
           the
           FLEET
           :
           As
           it
           was
           presented
           to
           his
           Highness
           the
           Lord
           PROTECTOR
           ,
           and
           his
           Honourable
           COUNCELL
           .
        
         
           The
           
             18th
          
           day
           of
           
             MAY
             ,
             1655.
             
          
        
         
           Remonstrating
           the
           Illegality
           of
           
             Outlaries
             ,
             Arrests
             ,
          
           and
           
             Imprisonments
             ,
          
           in
           Civill
           and
           Personall
           Actions
           .
        
         
           With
           an
           Expedient
           for
           the
           satisfaction
           of
           all
           Debts
           for
           ever
           ,
           without
           
             Arrests
          
           or
           
             Imprisonment
             .
          
           
             
               June
               .
               18
            
          
        
         
           royal emblem of Scottish thistle, French fleur-de-lis, and Tudor rose
        
         
           Printed
           by
           T.
           FORCET
           .
           1655.
           
        
      
    
     
       
       
         
           TO
           His
           Highness
           ,
           OLIVER
           Lord
           Protector
           of
           the
           Common-wealth
           of
           England
           ,
           Scotland
           ,
           and
           Ireland
           ,
           and
           the
           Dominions
           thereunto
           belonging
           ,
           and
           to
           his
           Highness
           most
           Honourable
           COUNCELL
           .
        
         
           The
           humble
           Petition
           of
           the
           Prisoners
           in
           the
           
             Fleet
             ,
          
           in
           behalfe
           of
           themselves
           and
           all
           Honest
           men
           ,
           that
           are
           willing
           to
           pay
           their
           Debts
           .
           Remonstrating
           the
           Illegalitie
           of
           
             Outlaries
             ,
             Arrests
             ,
          
           and
           
             Imprisonments
             ,
          
           in
           Civill
           and
           personall
           Actions
           .
           With
           an
           Expedient
           for
           the
           satisfaction
           of
           all
           Debts
           for
           ever
           ,
           without
           Arrests
           or
           Imprisonment
           .
        
         
           SHEWETH
           :
           
        
         
           That
           at
           the
           Common
           Law
           (
           unlesse
           in
           speciall
           Cases
           )
           neither
           Lands
           nor
           Bodie
           ,
           were
           subject
           to
           Arrest
           or
           Execution
           in
           Debt
           ,
           or
           damages
           recovered
           ,
           but
           the
           several
           proceedings
           was
           by
           
             Summons
          
           and
           distress
           
             Infinite
             ,
          
           and
           after
           Judgment
           ,
           a
           
             Fieri
             facias
             &
             Levari
             facies
             ,
          
           upon
           the
           Goods
           and
           Chattels
           ,
           
           and
           the
           profits
           growing
           upon
           the
           Lands
           were
           the
           remedies
           ,
           and
           writs
           of
           Executions
           the
           Law
           being
           so
           tender
           &
           savouring
           of
           Liberty
           ,
           that
           all
           had
           freedome
           not
           only
           to
           follow
           their
           own
           affaires
           but
           also
           to
           serve
           their
           Country
           when
           need
           required
           ,
           
           neither
           did
           it
           permit
           the
           taking
           away
           the
           Possession
           of
           any
           Lands
           ,
           least
           the
           following
           of
           Husbandry
           and
           Tillage
           ;
           which
           is
           so
           beneficiall
           to
           the
           Common-wealth
           should
           bee
           thereby
           hindred
           .
        
         
         
           That
           the
           first
           
             Innovation
          
           upon
           this
           Law
           ,
           
           was
           upon
           the
           Statute
           of
           
             Marlebridge
             ,
          
           which
           gave
           a
           
             Monstravit
             de
             Compote
             ,
          
           against
           fugitive
           Accomptants
           ,
           only
           to
           attach
           their
           Bodies
           ,
           to
           bring
           them
           to
           accompt
           ,
           and
           afterwards
           by
           the
           
             Statute
             of
             Westm.
          
           the
           2.
           
             Chap.
          
           11.
           
           Process
           of
           Outlary
           was
           given
           in
           accompt
           ,
           and
           if
           the
           Accomptant
           was
           found
           in
           Arreares
           by
           the
           Auditors
           assigned
           ,
           then
           hee
           was
           to
           be
           committed
           to
           the
           next
           Gaole
           ,
           and
           their
           to
           live
           of
           his
           owne
           .
        
         
           That
           afterwards
           ,
           by
           the
           
             Statute
          
           of
           
             Westm.
             2
             cap.
          
           18.
           an
           
             Elegit
          
           was
           given
           for
           the
           recovery
           of
           Debt
           or
           dammage
           to
           extend
           halfe
           of
           such
           Lands
           ,
           
           as
           the
           Debtors
           had
           at
           the
           time
           of
           the
           Iudgement
           obtained
           ,
           if
           the
           Chattels
           were
           not
           sufficient
           to
           pay
           the
           Debt
           ,
           (
           and
           of
           all
           the
           Chattels
           )
           except
           the
           Oxen
           ,
           and
           the
           Horses
           belonging
           to
           the
           Plough
           ,
           which
           was
           the
           first
           
             Statute
          
           that
           subjected
           Lands
           to
           Execution
           .
        
         
           That
           by
           the
           Statute
           of
           25.
           
           
             Edw.
             3.
             chap.
          
           17.
           such
           Process
           was
           given
           in
           Debt
           and
           detinue
           as
           in
           Accompt
           ,
           but
           by
           the
           Statute
           of
           42.th
           
            
           of
           the
           same
           King
           ,
           
             Cap.
          
           1.
           all
           Lawes
           made
           contrary
           to
           the
           
             great
             Charter
          
           were
           repealed
           ,
           
           as
           appeares
           by
           the
           Lord
           
             Cooke
          
           in
           his
           
             Proeme
          
           to
           the
           2d
           .
           part
           of
           his
           
             Institutes
             ,
          
           and
           by
           his
           
             Comment
             ▪
          
           upon
           the
           29.th
           Chap.
           of
           
             Magna
             Carta
             .
          
           So
           as
           in
           good
           construction
           that
           
             Statute
          
           of
           25.
           
             Edw.
          
           3.
           which
           first
           gave
           the
           
             Capias
          
           in
           debt
           and
           detinue
           was
           repealed
           ,
           as
           being
           contrary
           to
           the
           
             Great
             Charter
             ,
          
           though
           the
           contrary
           Practice
           hath
           beene
           since
           used
           ,
           to
           the
           destruction
           of
           Millions
           of
           Prisoners
           and
           their
           families
           .
        
         
           That
           afterward
           by
           the
           Statute
           of
           
             Hen.
          
           
           7.
           like
           Process
           was
           given
           in
           Actions
           upon
           the
           
             Case
             ,
          
           as
           in
           Action
           of
           trespasse
           and
           Debt
           ,
           and
           by
           the
           Statute
           of
           
             Hen.
          
           
           8.
           like
           Process
           was
           given
           in
           a
           Writ
           of
           
             Anuity
             ,
          
           as
           in
           an
           action
           of
           Debt
           ;
           all
           which
           
             Statutes
          
           are
           as
           Voyd
           ,
           as
           that
           of
           the
           25.
           
           of
           
             Edw.
          
           3.
           to
           which
           they
           have
           relation
           ,
           in
           right
           construction
           of
           Law
           ;
           
           for
           they
           are
           not
           positive
           Lawes
           ,
           but
           relative
           to
           those
           former
           Statutes
           repealed
           by
           that
           Generall
           law
           of
           42.
           
           of
           
             Ed.
          
           3.
           as
           being
           contrary
           to
           the
           
             Great
             Charter
             ,
          
           
           and
           how
           can
           that
           Law
           stand
           whose
           Foundation
           faileth
           .
           
        
         
           Now
           concerning
           the
           Arrests
           and
           Imprisonment
           of
           the
           Body
           ,
           and
           Extent
           of
           all
           the
           debtors
           Lands
           and
           goods
           for
           Satisfaction
           of
           debt
           ;
           acknowledged
           according
           to
           the
           Statute
           of
           
             Acton
             Burnell
             ,
          
           and
           the
           other
           Statute
           
             de
             Mercatoribus
          
           made
           only
           between
           Marchant
           and
           Marchant
           ;
           as
           also
           the
           Statute
           of
           
             Hen.
          
           8.th
           
            
           of
           the
           penalty
           of
           such
           as
           shall
           acknowledge
           a
           Recognizance
           ,
           in
           the
           nature
           of
           the
           
             Statute
             Staple
          
           for
           Marchandize
           ;
           It
           is
           true
           ,
           that
           they
           who
           doe
           Enter
           into
           such
           Recognizance
           ,
           doe
           grant
           that
           the
           penalty
           in
           that
           Case
           provided
           ,
           shall
           runne
           
           upon
           them
           ;
           and
           give
           away
           their
           Liberty
           ,
           by
           their
           owne
           consent
           ,
           and
           are
           willing
           to
           be
           Enslaved
           and
           ruined
           by
           the
           Creditor
           ,
           in
           which
           case
           the
           Maxime
           of
           
             Volenti
             non
             fit
             Injuria
             ,
          
           is
           a
           proper
           answer
           .
        
         
           But
           for
           such
           as
           at
           this
           day
           are
           Out-lawed
           ,
           Arrested
           ,
           and
           Imprisoned
           for
           Debt
           by
           
             Capias
             Vtlegatum
             ;
          
           the
           
             Capias
          
           in
           corporate
           Cities
           ,
           and
           Boroughs
           ,
           or
           by
           Bill
           of
           
             Midalesex
             ,
          
           or
           
             Latitat
             ,
          
           before
           any
           Debt
           or
           Damage
           is
           recovered
           ,
           there
           being
           no
           positive
           Law
           now
           Extant
           ,
           to
           warrant
           the
           same
           ;
           seemes
           to
           be
           utterly
           against
           the
           
             Common
             Law
             ,
          
           and
           an
           incroachment
           upon
           the
           Liberty
           of
           the
           Free-born
           people
           of
           
             England
          
           by
           ill
           Custome
           and
           use
           ,
           which
           ought
           to
           be
           abolished
           .
           And
           although
           it
           be
           regulary
           true
           ;
           that
           where
           a
           
             Capias
          
           lyes
           in
           Process
           ,
           there
           a
           
             Capias
             ad
             Satisfaciendum
          
           lyes
           in
           Execution
           ;
           yet
           that
           is
           intended
           in
           Actions
           ,
           
             Vi
             et
             armis
          
           only
           ;
           for
           there
           a
           
             Capias
          
           did
           lye
           at
           the
           
             Common
             Law
             ,
          
           before
           and
           after
           
             Judgment
             ,
          
           but
           not
           in
           Debt
           and
           detinue
           ,
           before
           the
           Statute
           of
           
             Edw.
          
           3.
           
           So
           as
           it
           is
           manifest
           ,
           that
           the
           
             Capias
             ad
             Satisfaciendum
          
           in
           Debt
           ,
           was
           never
           given
           by
           any
           
             Statute-Law
          
           to
           take
           the
           Body
           in
           
             Execution
             ,
          
           upon
           a
           recovery
           in
           any
           meer
           Personall
           action
           ,
           contrary
           to
           the
           
             Common-Law
             .
          
        
         
           That
           the
           Statute
           of
           
             Bankrupts
          
           were
           made
           against
           Marchants
           ,
           and
           such
           as
           got
           their
           living
           by
           Buying
           and
           Selling
           only
           ,
           as
           may
           appeare
           by
           all
           Cases
           adjudged
           upon
           those
           
             Statutes
             ;
          
           yet
           of
           late
           times
           ,
           there
           was
           a
           particular
           Temporary-law
           intituled
           an
           
             Act
             for
             reliefe
             of
             Creditors
             and
             poore
             Prisoners
             ;
          
           that
           subjected
           all
           
             Debtors
          
           that
           were
           in
           Prison
           ,
           at
           or
           before
           the
           20th
           of
           
             October
             ,
          
           1653.
           and
           should
           not
           pay
           their
           Debts
           before
           the
           first
           of
           
             Aprill
          
           following
           ,
           to
           be
           
             Bankrupts
             ,
          
           and
           their
           Lands
           and
           Estates
           were
           to
           be
           sold
           by
           the
           
             Judges
             ,
          
           in
           the
           said
           
             Act
          
           nominated
           for
           the
           satisfaction
           of
           their
           
             Creditors
             ;
          
           which
           
             Act
          
           for
           weighty
           Reasons
           moving
           your
           Highness
           ,
           was
           seasonably
           suspended
           by
           your
           
             Highness
          
           and
           your
           
             Councell
             ,
          
           and
           since
           by
           the
           late
           
             Parliament
             ,
          
           to
           the
           great
           comfort
           of
           all
           Prisoners
           ;
           For
           the
           proceedings
           of
           the
           late
           
             Judges
          
           therein
           ,
           were
           so
           arbitrary
           and
           destructive
           to
           the
           Prisoners
           &
           their
           Estates
           ;
           that
           if
           the
           said
           
             Act
          
           should
           have
           continued
           ,
           or
           if
           any
           
             Ordinance
          
           of
           the
           like
           nature
           should
           hereafter
           be
           Established
           (
           as
           some
           projecting
           Creditors
           are
           now
           busie
           and
           active
           to
           obtaine
           )
           it
           would
           bee
           of
           such
           sad
           consequence
           ,
           that
           all
           
             Prisoners
          
           now
           being
           ,
           and
           all
           
             Debtors
          
           which
           hereafter
           may
           be
           Prisoners
           ,
           would
           be
           utterly
           ruined
           with
           their
           
             Posterity
          
           also
           ?
           For
           the
           particular
           Aime
           and
           Ends
           ,
           of
           some
           cruell
           and
           implacable
           Creditors
           only
           (
           who
           have
           gone
           as
           farre
           as
           the
           Common
           practice
           will
           permit
           ,
           and
           that
           against
           their
           owne
           Election
           ;
           for
           after
           the
           Body
           is
           
           charged
           in
           
             Execution
             ,
          
           the
           Creditor
           cannot
           resort
           to
           the
           Goods
           or
           Lands
           of
           the
           
             Debtor
          
           (
           while
           he
           liveth
           )
           but
           the
           
             Prisoner
          
           is
           to
           enjoy
           what
           Estate
           hee
           hath
           without
           farther
           molestation
           of
           the
           Creditor
           ,
           at
           whose
           sute
           he
           is
           Imprisoned
           ,
           and
           as
           it
           is
           of
           sad
           consequence
           to
           the
           
             Prisoner
             ,
          
           so
           it
           may
           in
           time
           prove
           to
           all
           the
           Free
           people
           of
           the
           
             Nation
             ;
          
           for
           that
           which
           befalls
           one
           may
           happen
           to
           all
           ,
           and
           the
           course
           of
           
             Out-lawing
             ,
          
           and
           
             Arresting
             ,
          
           being
           continued
           for
           Debt
           and
           detinue
           ,
           and
           other
           personall
           Actions
           against
           the
           
             Common
             Law
             ,
          
           and
           personall
           Liberty
           of
           the
           people
           ;
           there
           is
           scarce
           any
           that
           lives
           but
           may
           be
           brought
           to
           the
           same
           condition
           and
           Catigorie
           ,
           who
           yet
           (
           though
           free
           )
           upon
           a
           bare
           pretence
           of
           Debt
           ,
           may
           be
           
             Out-lawed
             ,
             Arrested
             ,
          
           and
           undone
           (
           as
           too
           many
           of
           us
           now
           are
           )
           upon
           meer
           vexatious
           and
           feyned
           Actions
           ;
           for
           which
           abuse
           hee
           can
           have
           no
           reparation
           ,
           although
           hee
           remaines
           three
           
             Termes
          
           in
           prison
           ,
           unlesse
           he
           can
           find
           sufficient
           Baile
           beyond
           Exception
           of
           the
           adverse
           party
           .
        
         
           Now
           if
           that
           long
           Expected
           yeare
           of
           
             Jubile
          
           to
           the
           oppress●d
           Captives
           be
           come
           ,
           that
           they
           may
           be
           at
           last
           Delivered
           out
           of
           their
           more
           then
           
             Aegyptian
          
           slavery
           and
           bondage
           ,
           and
           restored
           to
           their
           ancient
           
             Lawes
             ,
          
           and
           precious
           
             Liberty
             ;
          
           wee
           humbly
           hope
           your
           
             Highness
          
           will
           manifest
           your Selfe
           the
           Vindicator
           of
           the
           ancient
           
             Lawes
          
           and
           
             Liberties
          
           of
           the
           people
           in
           generall
           ,
           and
           Conservator
           of
           the
           
             Great
             Charter
             ;
          
           and
           will
           be
           pleased
           to
           Answer
           all
           and
           whatsoever
           
             Innovators
             ,
          
           with
           that
           memorable
           Negative
           ,
           of
           
             A
             nolumus
             mutáre
             Leges
             Angliae
             ;
          
           and
           restore
           the
           ancient
           
             Law
          
           and
           proceedings
           for
           
             Recovery
             of
             Debts
             ,
          
           and
           take
           away
           the
           
             Capias
          
           in
           all
           Civill
           causes
           ,
           which
           will
           be
           a
           most
           Honourable
           and
           just
           
             Ordinance
             ,
          
           and
           prejudiciall
           to
           none
           ;
           for
           the
           Ancient
           and
           laudable
           proceedings
           were
           more
           remediall
           to
           Creditors
           then
           that
           barbarous
           Imprisonment
           of
           the
           Debtor
           is
           or
           can
           bee
           ;
           for
           if
           the
           Debtor
           be
           worth
           nothing
           ,
           it
           is
           against
           the
           Law
           of
           GOD
           ,
           Nature
           ,
           and
           Nations
           ,
           that
           he
           should
           live
           all
           his
           dayes
           in
           the
           grave
           of
           a
           
             Prison
             ;
          
           whereby
           he
           is
           deprived
           of
           Friends
           ,
           and
           disabled
           for
           ever
           by
           any
           Industry
           in
           his
           Calling
           to
           attaine
           to
           any
           Estate
           ,
           wherewith
           to
           make
           satisfaction
           to
           his
           Creditors
           or
           prosecute
           for
           his
           owne
           ,
           but
           is
           forced
           to
           spend
           his
           time
           most
           unprofitably
           in
           Prison
           ,
           and
           waste
           what
           ever
           he
           hath
           or
           can
           come
           by
           for
           his
           necessary
           subsistance
           (
           in
           a
           very
           Wofull
           condition
           )
           which
           is
           well
           hoped
           ,
           will
           not
           only
           be
           pittied
           but
           remedied
           by
           the
           Mercy
           and
           Justice
           of
           your
           
             Highness
             .
          
        
         
           And
           for
           a
           further
           Expedient
           ,
           to
           take
           away
           this
           
             publique
             Grievance
          
           occasioned
           by
           the
           moderne
           practice
           of
           
             Outlawries
             ,
             Arrests
             ,
          
           and
           
             Imprisonment
             of
             the
             Body
             ,
          
           in
           Civill
           causes
           ,
           and
           to
           prevent
           the
           vast
           Expence
           of
           
             Debtors
          
           under
           the
           custody
           of
           Sheriffs
           ,
           Bayliffs
           ,
           Serjeants
           at
           Mace
           ,
           and
           Prison-Keepers
           ,
           by
           excessive
           Fees
           ,
           usually
           extorted
           from
           poor
           prisoners
           in
           Gaoles
           and
           
           places
           (
           anciently
           provided
           for
           Malefactors
           and
           criminous
           persons
           ,
           and
           not
           for
           Debtors
           )
           many
           times
           amounting
           to
           more
           then
           would
           pay
           the
           Debt
           ,
           for
           which
           the
           prisoner
           is
           Arrested
           ;
           as
           also
           for
           a
           more
           speedy
           ,
           safe
           and
           legall
           way
           ,
           for
           the
           recovery
           of
           all
           just
           debts
           and
           damages
           for
           the
           future
           ,
           without
           
             Outlary
             ,
             Arrest
             ,
             Baile
             ,
          
           or
           
             Imprisonment
          
           of
           the
           Body
           ;
           as
           also
           ,
           to
           ease
           the
           
             Creditors
          
           of
           those
           vast
           Charges
           and
           Expences
           they
           are
           forced
           unto
           ,
           before
           they
           can
           have
           their
           Debtors
           person
           Arrested
           ,
           their
           Lands
           extended
           ,
           or
           their
           Goods
           levied
           in
           Execution
           ,
           and
           their
           Monies
           raised
           by
           the
           same
           out
           of
           the
           Sheriffs
           hands
           .
        
         
           May
           it
           please
           your
           
             Highness
             ,
          
           and
           Honorable
           
             Councell
             ,
          
           to
           reflect
           upon
           these
           
             Proposals
          
           humbly
           offered
           to
           your
           Honorable
           and
           prudent
           Considerations
           ,
           in
           order
           to
           the
           restoration
           of
           the
           Ancient
           
             Law
             ,
          
           and
           proceedings
           for
           recovery
           of
           Debt
           and
           damages
           ,
           only
           aimed
           at
           by
           Your
           Petitioners
           .
        
         
           
             1.
             
             IN
             the
             first
             place
             to
             take
             away
             
               Outlawries
               ,
            
             and
             the
             
               Capias
               ,
            
             both
             before
             and
             after
             
               Judgment
            
             in
             civill
             causes
             ,
             and
             to
             discharge
             all
             such
             
               Prisoners
            
             from
             their
             present
             Imprisonment
             ;
             except
             such
             as
             shall
             be
             justly
             indebted
             to
             the
             
               Common-wealth
               ,
            
             and
             have
             wherewith
             to
             pay
             .
          
           
             2.
             
             And
             to
             indemnifie
             all
             Sheriffs
             ,
             the
             Warden
             of
             the
             
               Fleet
               ,
            
             the
             Martiall
             of
             the
             
               Vpper-Bench
               ,
            
             and
             other
             Officers
             and
             Keepers
             of
             
               Prisons
            
             from
             any
             Escapes
             in
             that
             behalfe
             .
          
           
             3.
             
             That
             all
             
               Benevolenees
               ,
               Pensions
               ,
            
             and
             
               Annuities
               ,
            
             formerly
             given
             towards
             the
             reliefe
             of
             any
             Prisoners
             for
             debt
             ,
             may
             be
             disposed
             of
             towards
             the
             reliefe
             of
             maimed
             Souldiers
             .
          
           
             4.
             
             That
             in
             case
             the
             great
             circumspection
             of
             your
             
               Highness
            
             and
             
               Councell
            
             shall
             thinke
             fit
             ,
             to
             alter
             the
             course
             in
             the
             point
             of
             
               Meum
               &
               Tuum
               ;
            
             then
             to
             Impower
             the
             learned
             and
             reverend
             
               Iudges
            
             of
             the
             foure
             Courts
             of
             
               Westminster
               ,
            
             both
             in
             
               Terme-time
            
             ,
             and
             
               Vacation
               ;
            
             and
             also
             all
             Iustices
             of
             
               Assise
               ,
            
             and
             
               Nisi
               prius
            
             in
             their
             severall
             Circuits
             ;
             and
             all
             Iudges
             of
             Courts
             of
             
               Record
            
             within
             their
             severall
             Corporations
             .
             And
             that
             for
             the
             ease
             of
             the
             said
             Judges
             ,
             and
             more
             speedy
             execution
             of
             their
             said
             Commissions
             ,
             That
             in
             every
             County
             ,
             City
             ,
             and
             Corporation
             ,
             there
             may
             be
             some
             persons
             of
             Fidelity
             ,
             Honour
             ,
             and
             Quality
             nominated
             ,
             to
             bee
             ayding
             and
             assisting
             unto
             them
             ,
             to
             heare
             and
             determine
             all
             
               differences
            
             between
             all
             
               Creditors
               ,
            
             and
             
               Debtors
            
             in
             a
             Summary
             way
             ,
             within
             their
             severall
             
               Jurisdictions
               .
            
          
           
             5.
             
             That
             the
             said
             
               Iudges
            
             upon
             all
             Petitions
             to
             them
             presented
             ,
             either
             for
             Debt
             or
             other
             personall
             Actions
             whatsoever
             ,
             may
             have
             power
             to
             call
             all
             parties
             before
             them
             by
             
               Summons
               ,
            
             and
             upon
             due
             proofe
             made
             of
             any
             
             Debt
             or
             damage
             ,
             and
             of
             the
             debtors
             Estate
             ,
             to
             order
             payment
             and
             satisfaction
             ,
             within
             some
             reasonable
             time
             after
             ;
             and
             in
             default
             therof
             to
             sell
             either
             all
             or
             so
             much
             of
             the
             personall
             Estate
             of
             the
             Debtor
             ,
             as
             shall
             pay
             the
             same
             ;
             and
             if
             that
             prove
             short
             ,
             then
             to
             lease
             two
             Thirds
             of
             the
             Reall
             estate
             of
             the
             Debtor
             at
             the
             uttermost
             value
             (
             except
             the
             Mansion
             house
             )
             as
             will
             satisfie
             the
             debt
             ,
             for
             any
             tearme
             at
             such
             a
             rate
             as
             is
             ordinary
             for
             the
             time
             being
             ,
             between
             Buyer
             and
             Seller
             ;
             so
             it
             exceed
             not
             XXI
             .
             yeares
             ,
             which
             may
             be
             granted
             upon
             the
             estate
             of
             all
             Debtors
             ,
             who
             have
             any
             estates
             for
             life
             in
             
               Fee
               ,
               Fee-taile
               ,
            
             or
             by
             
               Coppy-hold
               ;
            
             as
             also
             of
             all
             Estates
             past
             in
             trust
             ,
             or
             to
             uses
             ,
             wherein
             the
             debtor
             hath
             any
             equitable
             Right
             ,
             or
             otherwise
             ;
             which
             Lease
             may
             be
             good
             against
             him
             and
             his
             heyres
             ;
             unless
             he
             pay
             his
             debt
             ,
             or
             agree
             with
             his
             Creditor
             within
             Six
             moneths
             after
             the
             making
             of
             any
             such
             Lease
             ,
             and
             that
             this
             course
             be
             universall
             in
             all
             causes
             ,
             without
             Circuit
             of
             action
             or
             respect
             of
             Infants
             ;
             and
             the
             like
             power
             for
             such
             Damages
             ,
             as
             by
             a
             Iury
             of
             twelve
             men
             shall
             be
             given
             before
             the
             said
             Iudge
             ,
             in
             all
             other
             personall
             actions
             whatsoever
             .
          
           
             6.
             
             That
             these
             
               Judges
            
             may
             be
             also
             impowred
             to
             Examine
             and
             review
             the
             obtaining
             of
             all
             
               Decrees
               ,
               Judgments
               ,
               Recognizances
               ,
               Statutes
               ,
            
             and
             
               Morgages
               ,
            
             and
             the
             originall
             debt
             or
             contracts
             upon
             the
             same
             ,
             and
             to
             Vacat
             and
             reverse
             the
             same
             ,
             upon
             payment
             of
             what
             shall
             appeare
             to
             be
             justly
             due
             thereupon
             in
             Law
             or
             Equity
             ,
             unto
             the
             parties
             Interessed
             therein
             .
             And
             also
             to
             try
             any
             fradulent
             settlement
             of
             any
             Lands
             or
             Goods
             made
             to
             defeat
             the
             Creditor
             ,
             by
             a
             Iury
             of
             Twelve
             men
             ,
             and
             may
             be
             directed
             (
             if
             your
             
               Highness
            
             and
             
               Councell
            
             think
             fit
             )
             to
             satisfie
             Creditors
             their
             principall
             debt
             ,
             with
             inte
             rest
             according
             to
             the
             priority
             of
             their
             debts
             ,
             and
             of
             their
             securities
             ;
             which
             by
             Law
             are
             to
             be
             first
             satisfied
             ,
             and
             also
             to
             have
             power
             to
             qualifie
             or
             take
             off
             Interest
             (
             with
             respect
             had
             to
             the
             late
             Warre
             )
             as
             occasion
             shall
             require
             ,
             and
             to
             give
             Damages
             to
             such
             who
             have
             been
             wrongfully
             Imprisoned
             ,
             or
             unlawfully
             vexed
             ,
             either
             for
             Debts
             formerly
             satisfied
             ,
             or
             where
             men
             have
             layne
             in
             Prison
             three
             Termes
             ,
             and
             no
             
               Declaration
            
             filed
             against
             them
             .
          
           
             7.
             
             That
             it
             may
             be
             ordained
             ,
             that
             every
             Petitioner
             (
             except
             
               Paupers
            
             )
             doe
             pay
             in
             every
             Cause
             6.
             
               s.
               8.
               d.
            
             to
             the
             chiefe
             Clerk
             of
             every
             Court
             where
             any
             suite
             is
             exhibited
             against
             the
             
               Debtor
               ,
            
             before
             he
             have
             the
             Summons
             of
             the
             Court
             against
             the
             
               Defendant
               ,
            
             in
             full
             of
             all
             Fees
             and
             salaries
             to
             the
             end
             of
             the
             Causes
             ,
             to
             be
             devided
             amongst
             the
             Judges
             and
             Officers
             of
             the
             said
             Court
             ,
             in
             recompence
             of
             the
             Fees
             usually
             taken
             by
             them
             upon
             Tryals
             of
             personall
             Actions
             .
          
        
         
         
           By
           this
           course
           the
           Creditor
           will
           be
           sure
           of
           his
           just
           Debt
           in
           a
           short
           time
           ,
           with
           little
           Expence
           ;
           also
           the
           Debtors
           Wife
           ,
           and
           Children
           ,
           of
           a
           House
           ,
           and
           some
           subsistance
           out
           of
           the
           Third
           part
           ,
           the
           Debtors
           themselves
           of
           their
           Liberty
           ,
           to
           follow
           their
           businesse
           and
           to
           serve
           the
           Common-wealth
           in
           their
           severall
           stations
           ,
           as
           occasion
           shall
           require
           ;
           so
           shall
           Peace
           and
           much
           quiet
           redound
           to
           the
           Publique
           ,
           when
           the
           power
           of
           Oppression
           ,
           and
           the
           sting
           of
           the
           Law
           ,
           which
           is
           the
           
             Capias
          
           shall
           be
           taken
           away
           ;
           so
           may
           the
           Sheriffes
           serve
           the
           Common-wealth
           with
           much
           safety
           ,
           being
           not
           subject
           to
           pay
           for
           Escapes
           of
           Prisoners
           ,
           Blood-shed
           ,
           and
           Murther
           avoyded
           ;
           which
           often
           happens
           by
           Arresting
           of
           Debtors
           ,
           who
           many
           times
           rather
           hazard
           their
           Lives
           upon
           a
           rescue
           ,
           then
           they
           will
           loose
           their
           precious
           Liberty
           ,
           and
           indure
           the
           miseries
           of
           a
           Prison
           .
           Also
           much
           Money
           will
           be
           saved
           ,
           which
           is
           commonly
           wasted
           in
           unnecessary
           and
           vexatious
           Outlawries
           ,
           Arrests
           ,
           and
           Imprisonments
           ,
           by
           malicious
           and
           male
           volent
           Creditors
           ;
           and
           every
           man
           will
           have
           their
           due
           from
           each
           other
           .
           Also
           by
           this
           course
           ,
           Iustice
           can
           be
           no
           looser
           ,
           when
           there
           is
           a
           generall
           and
           equitable
           Law
           ,
           for
           the
           mutuall
           good
           of
           
             Creditor
          
           and
           
             Debtor
             ,
          
           now
           and
           hereafter
           .
           And
           the
           memoriall
           of
           this
           
             Ordinance
             ,
          
           under
           your
           Highness
           Government
           in
           a
           Case
           of
           such
           Publique
           concerment
           ,
           will
           be
           Honourable
           to
           future
           Ages
           .
        
         
           And
           the
           Petitioners
           shall
           pray
           ,
           &c.
           
        
         
           
             The
             Names
             of
             such
             Prisoners
             in
             the
             Fleet
             as
             subscribed
             the
             Petition
             .
          
           
             
               
                 William
                 Smith
                 .
              
               
                 Walter
                 Roberts
                 ▪
              
               
                 William
                 Roberts
                 .
              
               
                 William
                 Rudyerd
                 .
              
               
                 Edward
                 Rumsey
                 ,
              
               
                 Robert
                 Rowe
                 ,
              
               
                 William
                 Gregory
                 ,
              
               
                 Robert
                 Whitwell
                 ,
              
               
                 Morris
                 Tuke
                 ,
              
               
                 Thomas
                 Stevenson
                 ,
              
               
                 Walter
                 Salmon
                 ,
              
               
                 Ambrose
                 Fulsham
                 ,
              
               
                 Thomas
                 Nash
                 ,
              
               
                 Henry
                 Carverth
                 ,
              
               
                 William
                 Carverth
              
               
                 Robert
                 Becket
                 ,
              
               
                 Thomas
                 Buck
                 ,
              
               
                 Thomas
                 Tracy
                 ,
              
               
                 Edmund
                 Hastings
                 ,
              
               
                 Francis
                 Eure
                 ,
              
               
                 Thomas
                 Hyghton
                 ,
              
               
                 William
                 Bowyer
                 ,
              
               
                 Iohn
                 Littlebury
                 ,
              
               
                 William
                 Pitts
                 ,
              
               
                 William
                 Peacock
                 ,
              
               
                 Richard
                 Niclets
                 ,
              
               
                 William
                 Coles
                 ,
              
               
                 Thomas
                 Iohnson
                 ,
              
               
                 Roger
                 Raven
                 ,
              
               
                 Thomas
                 Walton
                 ,
              
               
                 William
                 Browne
                 ,
              
               
                 Lyst●r
                 Blu●e
                 .
              
               
                 M.
                 Mary
                 Rogers
                 .
              
               
                 Dorothy
                 Arundell
                 .
              
            
             Cum
             multis
             aliis
             .
          
        
      
    
     
       
         Notes, typically marginal, from the original text
         
           Notes for div A93417e-210
           
             Sir
             
               William
            
             
               
                 Norberts
              
            
             case
             .
          
           
             
               Cooks
            
             Instit.
             
               2.
            
             par●
             .
             fol.
             394.
             
          
           
             53.
             
             Hen.
             3
             ,
             c●p
             .
             23.
             
          
           
             
               Westm
            
             2.
             cap.
             18.
             
          
           
             25.
             
               Edw.
            
             3.
             cap.
             17.
             
          
           
             42.
             
               Edw
            
             3.
             cap.
             1.
             
          
           
             
               Cooks
            
             Instit.
             2.
             part
             .
          
           
             19
             
               Hen
            
             7.
             cap.
             9.
             
          
           
             23.
             
             
               Hen
            
             8.
             cap
             14.
             
          
           
             Magna
             Carta
             ,
             
               Cap
            
             24.
             
          
           
             11.
             Edw.
             1.
             
          
           
             13.
             Edw.
             1.
             
          
           
             27
             
               Ed.
            
             3
             cap
             9.
             
          
           
             23
             
               Hen.
            
             8
             cap.
             6.