A BRIEF DIALOGUE BETWEEN Creditor & Prisoner; Clearly setting forth How both of them have been shamefully abused for many Years: With a short and easy way to free all Prisoners for Debt, with a just care of all Creditors; And fully satisfactory to all such who have any Religion or moral Honesty. London, Printed by Tho. Newcomb, dwelling in Thamestreet, over-against Baynards-Castle, Anno Dom. 1653. A brief Dialogue between Creditor and Prisoner; clearly setting forth how both of them have been shamefully abused for many years. Together with a short and easy way to free all Prisoners for Debt; with a just care of all Creditors; and fully satisfactory to all such who have any Religion or Moral honesty. Enter Creditor. GOod morning to you, Sir, having a little business this way, I thought good to call upon you for that little Money, it is a great sum in my Purse; I have not troubled you for it this Twelve month. Prisoner. You have troubled me as much as you can, and you would have me take it for a Courtesy that you can trouble me no farther. Creditor. I know you are able, you have greater sums Owing unto you, which you may have when you please. Prisoner. I confess I have Money abroad, payable at certain places upon Demand; but you have both tied my Legs and my hands by your Execution, that I can not go to demand it, without an escape, nor can you give me leave without quitting your Debt. Creditor. Truly I am sorry for it, but my Attorney overruled me to arrest you, and to get you in execution; I am sure it cost me 4 l. but I have considered of it since, and am well contented to free you, and take your own Bond for a year: for this is not the way. Prisoner. This courtesy had been seasonable before I came to prison; you know I desired of your Attorney but six months, and he would not give a day: But now it comes too late, I have so many Executions upon me at other men's suits, one Action of 500 l. for 20 l. debt; another of 200 l. for 10 l. debt; and by those that own me greater sums. Cred But how cometh this abuse, this is unsufferable, out upon it, out upon it; must I stay till all this is cleraed. Pris. Do you wonder at this; let me tell you, imprisoning of men's persons was never intended to help any man to his own, but to satisfy envious Creditors, and to undor peevish Debtors. It was made by Lawyers for their own gain; and Creditors have lost many a Million by it, for it made them careless of security by Estate, and the word was, He will not lie by it. Cred. But what is to be done in this case? Pris. Sat down a little, and you shall hear good sport; do you see those two that come hither, one is a covetous and envious Creditor, the other a cunning Knave and his Prisoner. Cred. I do not mean to trouble myself with any more Journeys, if you will pay me, so, if not? Pris. What doth it come to, charges and all. Cred. About 500 l. Pris. Make it up 600 l. and I will pay you in Three years. Cred. I will not trust you for a Penny more. Pris. Then I will not pay you a penny more. Cred. Sirrah, I have you in Execution, and my Atrurney tells me you shall not stir before you pay me. Pris. Your Attorneys a Knave, and you are a Fool; go ask your Attorney, whether I shall not eat nor drink, nor sleep till I pay you, unless he tells you so, he tells you nothing. Cred. You are a cheating Knave if you do not pay me Sirrah. Pris. You are the cheating Knave, and have cheated yourself, and paid yourself by your Execution, the Law is at an end, and you are satisfied in Law. Cred. No, sirrah, you knave I am not satisfied; you shall lie here till you ro●, and I will have your bones. Pris Now you put me in mind of death, I'll make my Will, and according unto Law (which you so much honour) I must give you by way of Legacy a bale of Dice in full satisfaction of your excellent Exeuction, and all the cutesle I will afford you, is, you shall take your choice whether you will have high Cuts or low Cuts; and let me advise you, that the first two men you play with be your Scrivener and your Attorney; for if you do not win your Money again of them, they have cheated you most basely; your Scrivener knew I would not pay you: I gave him 5 l. for the 100 l. and when you asked what Estate I had, he told you I would not lie by it for twice the sum: Next your Attorney cried, Arrest him, lay him in the Jail, get him into Exeuction, and then your Money is sure; he meant the Four pound he had of you was sure; he could not mean the 100 l. debt; I know he farther told you, it is no matter what charges you are at, I should pay all at last: And however the real Debt was but 100 l. yet I was in 5●0 l. Execution to you, and that I had no remedy at Law, or in Chancery after Execution, be it never so unjustly obtained. What do you think of this truth, who is the cheating Knave now, I that cousin you of 100 l. or you that would cousin me of 500 l. Cred. I think in my conscience you all joined together to cousin me: What a pack of Villains are here discovered, that ever any honest Man should fall amongst them. Pris. I hope you do not mean yourself, and all the rest may be true enough, but you have got it a hundred times over where you met with time rous Fools, that would pay what you asked, rather than endure to go to prison. Cred. I am sure enough to get this up again somewhere, for we are all promised, that if those that have Estates will not speedily pay us our Executions without dispute how the sums come due, that if they refuse or perform not, than we shall appoint others to sell their Estates and pay us. Pris. And we are told, That we have now a Parliament of Religious and Charitable Men who will speedily take care, that Creditors be not defrauded of their just Debts, nor Prisoners oppressed contrary unto the Laws of God and Nature, and the Fundamental Laws of this Commonwealth. The Law of God saith, an Eye for an Eye, a Hand for a Hand, not two for one; much less All for Dross and cheating Wares. Again, give Caesar his due in his own Coin, if thou hast it, (which is thy Estate) but if thou hast it not Caesor must lose his due. The Law of Nature saith, That the Body ought to preserve the Members: And every Prisoner is a member of the Commonwealth. The Fundamental Laws of the Commonwealth, saith, That no man's person ought to be imprisoned for Debt; and there is great reason why one Free born, should not implison another equally Free born with himself. For in the time of Villeinage (before Magna Charta) the Lord could not imprison any other Villain but only his own; nor could he assign that power over unto any Third person, as it is ordinary in these times. Brief Instructions how to set all Prisoners for Debt at Liberty, with a just care of all Creditors. ALL the people of the Commonwealth are comprehended under the capacity of Debtor and Creditor; and all Debtors are comprhended under one of these three Heads following. 1. The first have greater Estates than Debts. 2. The second have estates, but their debts are greater. 3. The third have no estates above the value of 5 l. And if it shall please the Parliament to make an Act that all under the first head shall pay their just debts with reasonable consideration for use; and that all encumbrances upon Land shall be freed by ready money, that it may be sold. That all under the second head shall have a competeney for livelihood, and the remainder to be equally divided among the Creditors. Lastly, That all under the third head be freed. This great work will in a short time, and with great ease be accomplished with this addition in the Act. That all Creditors shall upon Oath, and under a penalty make to demand but what they shall prove to be due. And that all prisoners shall under an oath and a penalty truly set forth what estates they have, and what debts they truly owe. And the sooner this shall be acted, it will be better for the Creditor. For all prisoners conceive it just, that when they pay their debts, their Imprisonment should be considered in discount, where the death payeth the debt: For in that case imprisonment was in full satisfaction; and so part of the debt is paid by part of the imprisonment. FINIS.