To the Kings most excellent Majesty: the honourable Lords, Knights and Burgesses assembled in Parliament. The humble Petition for your Majesty's most miserable (yet most loyal subjects) the Prisoners for debt in the Kings Bench. IN all humility show, that they understanding that many Usurers and other unconscionable men (under the colour of Creditors in London) have combined together to frame a Complaint into this Parliament against all Prisoners for debt: And that their petition might the better be heard, they have of late (by way of preparation and cunning) preferred a Petition (to the Commissioners for Grievances and decay of Trade,) which Petition as yet your poor subjects have not seen. Humbly therefore beseech your most sacred Majesty and Parliament, if any such Bill or Complaint happen to be preferred, that you would graciously be pleased to hear your poor subjects answer, before ought be concluded against them. And in the mean time that your Majesty and Parliament would be pleased to take into your wise and Christian consideration these brief notes following. Reasonable Considerations, touching imprisonment for Debt, Penal Bonds, and Usuries. 1. That by the ancient Common laws of this Kingdom, no man free borne aught to be imprisoned for debt. It is one of the great fundamental Laws in force to this day. It is the common Birthright of every man. For life, liberty and dower are the main and principal things which the Law of the Kingdom doth chiefly and absolutely intend to preserve and maintain above all other. 2. The body of every subject is the Kings, for his own and the Commonwealth's service; not only in the right of the absolute and transcendent power of his Majesty's Crown, but by the very Law itself. The Statute by which men's bodies are imprisoned for debt, is short and obscure, without cause, circumstance or reason expressed for the same. And there were no penal Bonds or Usuries known or practised by Christians in those times. Nor doth it any way appear that these two so great and main rights of the King and Subject, were had in thought or consideration at the making hereof. It may be doubted therefore whether that Statute be of power and value to destroy so great rights, against the ancient fundamental Law, and against the ancient Crown Rights, without mention, repeal, or reason alleged. 3. That nine in ten parts of all the debts for which men are kept starving in prison, are usurious and corrupt loans and contracts, or forfeitures upon penal bonds and engagements, which are things pronounced extortions, odious and detestable sins, forbidden by the laws of God and man, as the Statute de judaismo and diverse others do show. 4. Nor is the tenth part of the sums; recovered by judgements at Law (and for which men are kept starving and perishing in prisons) just or due debts, but are in truth small principal debts, or small remainders of great principal debts, multiplied to incredible height by forfeitures of penal bonds, counterbonds, counter-securities, etc. all which yet the prisoner must pay, or starve in prison for. Here are very many strange and incredible examples of this kind. 5. That the Law itself seems too hard, in that it judgeth and striketh with the sword of execution, upon hearing the actual parts only of men's causes, and rejecteth the equitable parts (which yet is one half of the cause.) The other ear of justice for hearing the other half, is in the Courts of Equity, which are far off, and so full of trouble, charge and delay, as the remedy commonly proves worse than the disease, as many men (who are no prisoners) know by experience. For the Law is sent and ministered in every County, but there is no Court of Equity for the Defendant but in London only. 6. That no Christian Country imprisoneth the body for debt, but England only: but as soon as the Debtor doth relinquish all his estate to the Creditors, his body is free from imprisonment, and he stands liberatus à debito. And yet he shall be restored back his wife's Dower for her and her children's livelihood, and the necessary means or instruments of his profession, trade or quality. Nay, this our imprisoning Statute exceeds the Turks and Mahometans, where the Creditor may imprison the Debtor, but then he must keep the Debtor and all his family with sufficient maintenance, lest any be starved by reason of the Debtors imprisonment. All which reasonable and charitable considerations the Statutes of England have not hitherto provided for. 7. That this practice of imprisoning men's bodies for debt, tendeth not to the good of the Commonwealth, but to the advancement and increase of Usurers and unconscionable dealing men in an unlawful calling, who (as the ancient jews of this Kingdom) have gotten so great a portion of the main stock and common moneys of the Kingdom into their hands, that upon any extraordinary chance or occasion that discourageth or displeaseth them, they make a dearth of money at their pleasure, to the infinite hurt and prejudice of the Commonwealth and common commerce. And who seeth not, that if there were no gain by loan of moneys, there would be free and friendly lending and borrowing, to the increase of love and charity amongst all, and of freer and more gainful trading: but this gain by usury, shutteth up the hand of all good and Christian offices amongst men. And it is not to be doubted, but that the great usury which is gotten in England out of all sorts of trades, is the true and real cause that the Low Countries and other Kingdoms and Commonwealths thrive, advance, and outstrip us in trade and navigation, though we abound and exceed all the world with the best matter, means and place, for both. 8. That prisoners for debt are willing and desire with the Usurers, that fraud and cozenage may be made felony, not only for the future, but for the past and present times also, so as the Usurer or Creditor may lose his debt, and pay costs and damages for the slander (according to the quality of the Debtor) if he fail in proof. 9 That imprisonment of the body is needless; for it neither is or can give satisfaction to the Creditor, though he starve it by imprisonment. Besides, it destroyeth the Debtor in his credit, friends, quality and trade, in his rights and suits; it consumeth all his means to keep himself in life; and to pay fees and unconscionable pretences, for favourable usage of Bailiffs, prison-keepers, and such as live upon the extremities and necessities of prisoners. Nay more, it destroyeth the Debtor his wife, children, and all that is dear unto him; yea commonly his life and all: for there have died within these twelve months above lxxx persons in this prison alone, by want and infection; besides many then preserved by the use of the writ of Habeas Corpus. So that it is hereby manifest, that life, liberty and dower, which the law intendeth chiefly to preserve, is by imprisoning the body for debt, overthrown and destroyed. And yet after ten or twenty years' imprisonment, in which the prisoner hath suffered more misery than the highest criminal offender, there is not come one penny thereby into the Creditors purse, nor one penny discounted of the Debtors debt. 10. If Creditors were to take their satisfaction upon all the Debtors estate, without imprisonment of the body, (as by the ancient fundamental laws and practice of other Countries,) than it would follow that the Debtor, though he had departed all his estate to the Creditor or Usurer, yet having his person, qualities and endeavours free, his friends constant, and his credit unstained with the prison, would still be able, ready, and fit, to do honour and service to his King and Country, and to win and purchase to himself a new estate, to the advancement of his own and his posterities fortunes. In all humility therefore, they pray your most sacred Majesty and Parliament to take the premises into consideration, that satisfaction of all just debts may be taken upon all the Debtors estate, as a thing most just and proper; and that men's bodies may be set free, as a thing most agreeable to the laws of God and man, to Christian charity, and to the advancement, good and honour of this Kingdom, and to the preservation of the lives of thousands of able and well qualified subjects, which yearly pine and perish in the Prisons of England only. That your subjects and all posterities may ever bless and pray for the increase of your Majesty's health and happiness, and the prosperity of this most hopeful Parliament.