JUSTIFICATION Of the Members within Doors, to the Objections and Cavils 〈…〉 Against The carrying up to the Lords, the Engrossed Bill for the Releiss and Discharge o● 〈…〉 ●●gulation of Goals and Gaolers. THAT ●here are every where, and will be Men querulous, bitter of Spirit, Revengeful, and of a Moross Uncharitable Disposition, kicking at all Laws and Religion, but what they frame to themselves, is a Truth indisputable. That this Charitable Law should meet with Men of such at Temperament to destroy it, is evident, and none can imagine but some of these must be in love with Goals, and pleased with the rendering their Fellow-Subjects useless to the World, and Sacrifices to greedy Jailers, and the interest or revenge of Scrivenors', Attorneys, Solicitors, Brokers, Usurers, overgrown Extortioners, Eaters into the Ancient Fortunes of Gentlemen, to aggrandise their upstart Qualities, looking down upon the Persons of more Honour than themselves; and by such Moth-natured Vermin, kept, confined, whilst the Debtor (is put upon the necessity of being deliberately fed by them, till a Decree in Chancery is obtained to foreclose the equitable remains of a Noble Inheritance, or until a Release of the Equity of a forfeited Estate is procured for a small Sum, to discharge a poor Prisoner, that such Viperous Morgagees may domineer securely in the mortgaged Premises (to the Capital Seat whereof it's probable) the Fathers of these overgrown Harpies have been beholden for their necessary Sustenance:) And yet the Lobby is filled with such whispering into the Ears of the Gentlemen of the Long Robe, and other Members, objections to, and cavils at, a Bill proceeding with all the fairness, caution, form, and inspection that ever passed that Honourable Assembly. And lest some Worthy Members should be captivated, it is thought, by others but necessary that all the Scruples, which may be pretended to obstruct this Bill, having had so ripe a Production) may be solved, that none of our generous and merciful Representatives may suffer in their Character of Wisdom and judustry, or any Person be thought asleep, during the passing of this so necessary an Act. First, it is objected, that this Bill differs from the former Acts passed to this purpose. Ans. So it was intended, for that the Defects in those Acts were foreseen, and by this prevented, many hundreds being by that freed from their Debts, never imprisoned; for, by that it was but bribing the Jailor, and the deceit was effected; but by this Act the Book, Copies of the Prisoners Causes (which are upon Record) must be produced, and Oath made by the Prisoner of the time he was imprisoned and other evidence of his Commitment. Object. 2. The Oath is too narrow, the Person not swearing what value the Estate is of that he doth discover to his Creditor, and swearing only that he hath not wherewith to pay the Debts, for which he is imprisoned. Ans He Swears, That he hath without any reservation discovered All such Estate real or personal, as he hath in Possession, Reversion or Remainder, of which he is seized or possessed in his own Right, or any other Person or Persons in trust for him; and that he hath not directly or indirectly, sold leased, or otherwise conveyed, assigned, or secured all, or any part of his Estate, to deceive any Creditor or Creditors, and what he hath been an actual Prisoners, etc. And then comes in the Clause, that he hath not wherewith to satisfy the Debt due, or Damage, for which he is imprisoned; and the words in the Act of 22. 22 Cor. 2. are sufficient to pay the Debt or Damage, and 〈…〉 Act 〈…〉 are reserved: Here those are ●●●trained to 10 l. and if a Debtor have 100 l. and 〈…〉 men discovers that 100 l. and is bound by this Act to give every Creditor a Judgement: And so, if the value be in Monies, and the Creditors will not agree to a Dividend; if Chattels, a Fieri Facias will attack it, if Laid, and Elegit will lay hold on it, and so what doth the Debtor do, but compound for his Liberty with all he hath to diliver himself from Bondage, and the excessive Rent he is obliged to pay to a merciless Keeper. Besides, it is well known to Lawyers, that the Per●ons of Englishmen was not originally subject to imprisonment f●● Debt; and if Magma Charta be of force, so as to annul all Law made contrary to it: Imprisonment of men's Persons for Debt is b●t a tortuous detention; and what is here desired, is not so much a● was allowed to a Debtor by the Common Law, when imprisonment was not: For by the Writ De Moderata Misericordia, in whi●● is recited Magna Charta, and thereby the Salvo contenemento suo, & Villanis salvo Waynagio suo, and here is saved less than 〈…〉 hath his Freehold occupie● 〈…〉 ●●●chandize, no Villain his W … 〈…〉 reasonable, and was the a … 〈…〉 on to ten times the value, th' … 〈…〉 Object. 3. That it is not 〈…〉 Creditor to continue his D … 〈…〉 week, for the time the Cr … 〈…〉 Ans. That by the Act o● 〈…〉 Clause, but by the Act of 〈…〉 said allowance shall be paid 〈…〉 … lor and if in case he lie th' … 〈…〉 Estate of the Debtor be does … 〈…〉 then the Prisoner to be disch●●●●● 〈…〉 if ever that Clause was put 〈…〉 upon the Creditor, and hi● 〈…〉 if that be agreeable to Chri … 〈…〉 principles of our Religion 〈…〉 Object. 4. That in this B … 〈…〉 imposed, in case of Perjury, a … Ans. But this imposeth t … 〈…〉 standing in the Pillory with 〈…〉 in all Courts, pay all Dama●●● 〈…〉 imprisoned as before, till h … 〈…〉 his Life long. Object. 5. That this Act Regulates Jaylo●● 〈…〉 given great sums of Money for ●heir Places, 〈…〉 Rents for Farming of their Goals and make ma … 〈…〉 to Judges and others, for Favour to be showed 〈…〉 ●●ceptable Members of a Common Wealth, and m … 〈…〉 … blesh, by Law, the Writ De di● in Diem, 〈…〉 vantage to the Creditor, who should he o … 〈…〉 may be intterupted by the Liber●●, the Debtor m … 〈…〉 relief in equity. Ans. This is only to take from the ●aylor, and pu●●●● the Commissioners for the Great Seal, to allow or not allow that W … 〈…〉 moderating the Fees and the Writs of Habeas Corpus 〈…〉 w●ich the beneficial Law (〈…〉 case of Criminals) was mad● 〈…〉 2. and which was then ●ooked upon worth a sup … 〈…〉 two hundred six thousa●●●our hund●●d 〈…〉 ●●●nds, an the an● if breaking of Laws 〈…〉 buying and selling of 〈◊〉 and ga●●ing by oppression, be thought a matter at this … me 〈◊〉 to ●e countenanced. ●astly. It may be Objected 〈…〉 too well known t … m … 〈…〉 A … t Practitioners in the Law, that many Per … s Marry … r Son●●●●nd Daughters Settle great Esstates and lie 〈◊〉 Prison 〈…〉 a Certiorari for their Souls, and there are too t … many Pr … thereof. Ans. They cannot (beside disgrace) … ure the 〈…〉 of a Prison, the extraordinary sums of Money pa … 〈…〉 … le ease, from intolerable Hardhips and be subject 〈…〉 man●●ndignities put upon them, but, that th●● would wittingly … rt with what they have in th●●r power 〈…〉 their ●arty, 〈◊〉 at least compound for what the● have t … 〈…〉 in the charge 〈◊〉 a Goal, over and above, their necessarily let t●●m continue, none can go further 〈…〉 … w and if they will offend, they can b … 〈…〉 intended to help impossibilities, 〈…〉 ●s a help and relief for those Honest 〈…〉 be most of them 〈…〉 and Country by 〈…〉 … ment, who are now burthen●●● 〈…〉 the whole 〈◊〉 which keeps the Husbands usless whilst … children are maintained by, and chargeable 〈…〉 the Farm fo● wh●●h 〈…〉 they did last belong. BUT if nothing will satisfied the angry Rats with●●t doors, by this Bill settled within i● is hoped the C●…lai●…man will satisfy the Costs, and then let the Wisdom of the N … ion Ju … e, whether 40000 Subjects, who in the 〈…〉 Revolution might h●ve delivered themselves from Thraldom, an● 〈…〉 … de a considerable … ure in the juncture of Affairs, are not the … y Englishm●● who have had no Relief by this happy Reformation 〈…〉 And his e … ossed L●w must; be last (in an unparliamentary way) 〈…〉 humour the●, and ●he Relief intended must be denied. For to t … 〈…〉 a n●w Bil● is to ●av● none at all.