An Hearty Acknowledgement, and humble Advertizement for the vindicating of the Law of Nature, Reason, and justice. PRESENTED By the Defrauded and Distressed Creditors, and the poor and oppressed Prisoners, To the Supreme Authority of the Commonwealth, the PARLIAMENT of ENGLAND. Qui monet ut facias, quod jam facis, etc. Also an ESSAY: Whereby to make manifest the Concealed Estates of able Debtors, and fraudulent Settlements; By which evil Practices many Widows, Orphans, and other honest People of this Nation, have been, and are daily Deprived of their whole Livelihoods, a— Quicquid sub terrà est, in appricum proferet Aetas. Printed, MDC. LIX. RIGHT HONOURABLE: THis present PARLIAMENT seemeth (like to Moses in his minority) to have been preserved in your frail and flaggie Arkes of flesh, amidst the perilous and uncertain waves of the late Governments for the vindicating our English Israel from its (more than Egyptian) bondage, (i. e.) The tyranny of the practice of the Common Law in these later times. It is the hope, and prayer of many thousands, that ye may Imitate Moses (in the growth of your strength) in those two most remarkable Acts of his; First, in smiting the Egyptian, the man of Sin; (the cruelty, and iniquity of the practice of the Laws) that he die. Secondly, in composing Differences between brethren; albeit ye may (ptobably) expect but an evil Requital from one (the most Injurious) of them, as Moses had, who made the Ruler over us? In order hereunto it is the humble Request of many defrauded and extremely distressed Creditors and others, who have long, and now do sue (in vain) in Formâ pauperis, and of all poor, and oppressed Prisoners, that they may be speedily and absolutely relieved against all frauds and oppressions. It is known to all men, that the Norman yoke (contrary to the manner of other yokes) is grown much rougher, and heavier by wearing; but now the Cause (the Norman Monarchy) being taken away; The effect (the Cruelty of those Laws) ought to cease. In respect to the Premises, and for the preservation and just rights of my Countrymen of England; I am bold to present unto your Honours these Considerations following: 1. That Bills of Middlesex, etc. carry more Cruelty and less Conscience with them, than the Spanish Inquisition. 2. That none are Imprisoned (really) in England, but such as ought not to be, i. e. the poorer sort, who are utterly unable to pay; whereas those who are solvent, can give security to the Gaolors, and with their Silver key, pass when, and whither they please. And that by these means the Prisons for Debt, are Sanctuaries for Knaves, Purgatories for Christians, warehouses, and Shops for the Lawyers, and their ministers, Bailiffs, etc. and ●aolors (all the worst of men) and Slaughter-houses for the Devil. 3. That those who have most need of justice, and are most injured, (the paupers) seldom, or never obtain any justice, or Equity; it being as impossible to promove a Suit either in the Common Law, or Chancery with a paupers' purse, as to move a Mountain with a Child's or Sick man's strength. 4. That it will be impossible to administer relief, or justice to those Indigent persons; unless Entailed estates, but most especially fraudulent Settlements of estates in Marriages (or otherwise) be questioned, and examined in their behalf, and as there shall appear Cause, be rendered responsible. It being Incumbent on all Supreme Courts of Indicature to grant Relief against such Frauds, which neither could be prevented by Law, nor can be relieved by the ordinary rules of Equity. And that it may be considered, that all Settlements of Estates either before, or after the Debt contracted (being eodem animo fallendi, with the same purpose of deceiving) are equally fraudulent; the borrower well knowing, that by a private settlement of his whole estate, he had made himself irresponsible, which the Lender could not know; but conceived that himself and Heir being obliged by bond should have both been liable to give satisfaction with the estate, which belonged unto the Borrower. 5. That the first Institution of Intails was in ●ea. the 1. his Reign, on purpose to keep the Normans about him, who were selling their Estates in England, and returning into Normandy; but this afterwards was derived to the Nobility, and Gentry of this Nation; which (however) is not like to the Laws of the Medes and Persians, unalterable, for we find that there is no Entail whatsoever, but is, or may be, cut off by Leviing a Fine, or by Act of Parliament, to serve the turns of the owners; and why this ought not to be done to satisfy Common justice, no good reason (as I conceive, under favour) can be given; what is pretended, for the preserving of families; It may be alleged by many Creditors that by the preserving of one Family (which is often also destroyed with Pride, Riot, and Luxury) ten others, and some of them, of as good, or better quality than the other, may be, and often are ruined. That all Entailed estates of Debtors by the free and full execution of the Laws are totally liable to the satisfaction of Debts during the Life of the debtor; whereby the Wife, and Children are, or may be reduced to extreme want, and misery; whereas by the selling of those Estates all parties m●y be relieved and preserved. So that an Act to this purpose will appear rather an amicable, & conscientious Composition, and preservation on all parts, than any way injurious; when on the contrary, the Debtors estate being extended during his life, the Wife and Children do most unnaturally and unchristianlike expect, if not desire o● contrive the untimely death of Husband, and Parent, and many times all perish by an irrational & ungodly obstinacy, as many Instances in this kind may be given. For the Discovery of able Debtors Concealed Estates. 6. That all Masters of Prisons (especially of the upper-bench) deliver in the names of those Securities, which they have received for those Prisoners who lie in the Rules, and go at large, or slightly guarded. And that those who are Security for such Prisoners, may also deliver in the Names of the collateral Securities from the Prisoners to save themselves harmless, and likewise that all such persons, who shall be suspected by the Creditors to have any of the Debtors estates entrusted with them, may be strictly examined to that purpose. And all this to be done upon Oath, or a full Declaration, and attestation of the premises under their hand writings witnessed; and that the falsifying either of Oath or hand in this kind may be punishable as Felony. The detaining of any man's estate after the time of the Creditor or owner's Consent is expired, being of the same nature, and detriment to the party injured, as the taking the same from him by stealth or force: And that Frauds, and wilfull-unjust dealing in this kind deserve a more severe punishment, than other Thefts or Robberies. These being committed for the most part by reason of extreme want, and for selfe-preservation; the other to satisfy unsatiable Lusts, or unbounded Avarice, being most wickedly ambitious thereby to raise or preserve their own Families by the Ruin of others for the most part much better in all respects than themselves or theirs. And lastly, how contrary these practices are to the right Rule of Reason, and justice, the nature, and well being of the 〈◊〉 of Mankind; and the Test of a good Conscience; It is left to all rational and men, and all upright and conscientious Christians to judge. The very Heathen, who were guided only by the instinct of Nature and precepts of Morality, were very seldom or never peccant herein, but held it always as a thing sacred, and absolutely necessary, Suum cuique tribuere.— Fiat justitia Ruat (imo magis floriat) Parliamentum. It will appear, that by the performance of this justice and Charity, ye will not only render yourselves acceptable to God, your own Consciences and all good men, but shall also have the hearts, hands, and estates of many thousands ready to maintain all your Honourable, and pious Achievements. THe humble address of a Gentleman of good birth and education, who being by fraud (and this by a few persons whose estates may be rightly estimated at more than 100000. pounds) bereft of an estate of 20000. l. value at the least, and for want of Money being utterly disabled to vindicate his rights by Law or Equity, hath been also twice wrongfully and miserably Imprisoned by the design of some of his own Debtors and near Relations, who have been formerly much obliged by him; and is now hourly in danger to be drag● to Prison ag●●n by the Agents of the same persons, and is also for the present totally destitute of any means to preserve his life being more than 58. year's aged, or to recover any part of his Estate. By these means like a Bird (whose wings are clipped) he lies prostrate and panting at your Honour's feet; submissively craving your protection for bread, breath and liberty, etc. A verse may take those, who a Sermon fly, So godly, and the learned Herbert; I Hope from your pious Ingenuity. PRinces pretended wants extort great sums From Subjects; these (true-Beggers) ask but Crumbs From Kings; such Loans, or Gifts, they are As the most home bred-Charity may spare. And that with safety too, Heaven will be bound, When no Security with Man is found: If that's not liked; ye Landlords of our Earth May make your own Conditions; grant new Birth Of justice in our Laws, and Conscience true, Lend a Million, you'll be paid your due With Interest of Thanks, and Honour; Then Your Faces will shine bright fore God, and men. A Brightness fare beyond those glittering Roofs, Coaches, and Tombs; ah; These are small Behoofes. When Kings shall once again be turned to Clay. And silly-Folkes inquire where now are They? Well-polisht virtue survives Marble; and Conscience, and Truth (like Rocks of Diamonds) stand Fair, and unblemished to Eternity. When all things else decay; These never Dye. So shall your Names enrolled i'th' book of Life. Live ever free from Change, and void of strife. This is the Prayer of Ro. D. and many thousands injured Creditors, and oppressed Prisoners.