THE OVT-CRY AND JUST appeal OF THE enslaved People of England, MADE To the Right Honourable the PARLIAMENT for the Common wealth of England: And to all Pieties noble Champions and to true Justice and Mercies loving Friends, endowed with a equitable public Spirit Furnished( from above) with inward Integrity, outward uprightness, and honest lawful Authority to execute the Lords justice on all Offenders speedily in all true Godliness and honesty, for the Establishment of the long since justly professed Promised and declared Liberty and Deliverance, of this long Afflicted, oppressed and Cruelly enslaved Nations from Bondage, and the unsupportable oppressive lawless Yokes of Misery; And to all other faithful public spirited Christians, and true Common-wealths men. Presented by J. frieze, who unto all such, wisheth Health and true Honour in the Lord here, and eternal happiness in that Glorious world and kingdom of glory which is to come. Know therefore assuredly, and as Christian commonwealths-men consider Seriously. THat notwithstanding this Nations humble Petitions, doleful Complaints & miserable Out-cries from time to time sent forth for these 18. yeares past, both to Parliaments and Army, yet by reason of the strong delusions and siren enchantments of the self-ended Covetous Lawyers, deceitful attorneys, and cruel bloody murdering Gaolers( the declared Enemies to Englands just and undeniable Liberties) extremely slighted and obstructed; So that none hitherto hath truly regarded the many yeares continued heavy Judgements of GOD upon this Nation. For, and in regard of their most wicked and audaciously Continued practise of Injustice, tyranny and Oppression, and the still continued sale or Justice for the price of Iniquity called Bribes and Fees; None hath hitherto truly Considered the ruin of Thousands of People, Robbed of their Estates, Liberties and Lives, by Arrests, Outlawries, false judgements Executions, Decrees, Orders & Reports, begotten and brought forth by corrupt Judges, covetous Lawyers, deceitful attorneys, Masters of the Chancery, Registers, Clerks, Sheriffs, Bailiffs, Serjeants and gaolers, by whom the Poor, the Widow the Fatherless and the Stranger is slighted, scorned, devoured yea eaten up as they eat bread, none hitherto in Authority have called for justice nor for satisfaction to the oppressed, none hath hitherto regarded the lamentable cries of the enthralled, none hath laid to heart the miserable enslaved Condition of this Nation by Lawyers, none hitherto hath considered the afflictions of joseph in bands, as formerly they have Protested, declared, vowed and promised to do, but hitherto not performed by them; Therefore in behalf of this whole Nation, thus enslaved and groaning under this unsupportable burden. The appeal and Out-cry is made unto You the above-named Persons, praying for speedy help, remedy and redress of these great national d●structive maladies, in and by suppressing the Lawyers speedily, advancing Justice vigorously, abolishing the Capias for ●rrest of mens persons, and restoring the just and undeniable Liberties of this Nation, according to Magna Charta, with full reparations to all the Oppressed, ruined & wrongfully Imprisoned in the Land. And as for these 20. yeares past I have been( by the good hand of my God) drawn forth for the Publ●que( with the expense of many hundreds of pounds) and not for self-ends; So J desire still to persist to the glory of h●s great name and this my Countries welfare being revived in my spirits by those your most Christian expressions in your Declaration of the 7th of May, 1659. wherein you promise faithfully to discharge the trust reposed in you by this whole Nation, and to settle this Common-wealth upon its true Bassis, to the Establishment of the Property and Liberties of the People, and vigorously to carry on the Reformation so much desired to the glory and praise of the Lord Jesus, and to the repairing and making glad the hearts of the upright in the Land; And this also is seconded by the Armies Declaration May the 6th., 1659. who as true Christians aclowledge their former Declinations and turnings out of the way, and the with-drawing of Gods presence from them for the same; And therefore now again promise their uttermost power and assistance to the establishing of this great good work by you declared for, for which Declination in and by both Parties, the displeasure of God hath taken hold of us for many yeares, and many of the people of God have gone mourning to their Graves, for that their Eyes could not live to behold the Parliament and Armies Declarations, Protestations, Manifestations, vows and Promises performed, to the glory of God, the advance of the kingdom of Jesus Christ in tru● Iudgment, Iustice and Mercy without respect of Persons, and the restoration of this your Native Countries Birthright and Liberties. Upon these your several encouragements by your Declarations, trusting that they are not feigned nor self-ended, but really and truly by you intended, J am thereupon moved humbly to present these lines to your Christ●an considerations, trusting that your Faith and zeal to Gods glory and this your Countries peace and tranquillity, will speedily, faithfully, and undoubtedly appear in and by your works to all the Inhabitants of this Land, whereby all your Friends in the Lord, will have great cause of rejoicing, and your Enemies will be enforced to confess and say; That( of a truth) God is in you, and that he the Lord of hosts the God of Israell is your Director, and hath brought mighty things to pass by you, for his Glory, your own praise, and this your poor enslaved Native Countries happiness to future Generations; For, by your vows, Declarations, Protestations, and Promises it appeareth, That it was Deliverance from Bondage and slavery yourselves and the people of God sought for, to the vast expense of Treasure, and the Effusion of a Sea of blood to and for the regaining of the most just and ancient laws, Rights and Liberties of this Nation, as by your Declarations of April, 1646. and March, 1648. appeareth, yet contrarily the unlimited abominable, corrupt practise of the Law, with their Arests and Imprisonment of mens Persons is still continued, whereby the Estates and liberty of mens Persons( a point of highest Concernment to the people in general) is left open to the violent Barbarous and destructive usage and internal practise of the Lawyers attorney, and gaolers, and of every covetous Churlish nabal and most inhuman cruel revengeful oppressor. But to the only prosperous flourishing State of Lawyers and their self-seeking adherents, which hitherto hath been preferred by some( from whom we looked for better things) before the Peace and well-being of this great Nation. The dangerous consequence whereof hath and will prove fatal to all, and is very legible to be red in this maxim; What Cruelty befalls one man to day, may befall another to Morrow. All Imprisonment of mens persons for Debt, being clearly an encroachment upon the Common Law of England; and therefore fit and just to be abolished in this year of Englands jubilee ▪ 1659. And as at present, the Spirits of all men do partake of Christian Liberty, so is it as requisite. That our bodies( being the mansion houses of our Spirits) may enjoy Liberty, and not to be butted alive in several noisome Graves, called gaols, Prisons, Counters, Holes and Dungeons, of unparallelled cruelty. That Liberty from the late Norman yoke and thraldom is the due Birthright of this Nation, appeareth by the several ancient Statutes of this Land ( many of which were never fully published to open view) Even from the dayes of that famous mirror of Iustice Alfred King of England, unto the 3. year of this last King Charles; See the 34. of Edw. 1. Chap. 4. the 23. of Hen. 6. cap. 10. Mag. Charta, cap. 35. West. 1. cap. 26. the 3. of Edw. 1. cap. 26. 11 Ed. 2. Dec. 172. 13 Edw. 3. Bar. 173. the 8. Hen. 4. cap. 18.20. West. 2. cap. 18. the 25 Ed. 1. cap. 2. the 42. Ed. 3.2. the 9. of Hen. 3. cap. 29. Brac. Regis fol. 77. mirror of Justice folio 231. De homino Replegiando, fol. 66. Sir Edw. Cookes Institutione, 2. Part, fol. 28. and 209. See Liberty vindicated against, fol. 8, 9. 10, 11, 12, 13. the 3. of King Charles, acknowledged also by all the Iudges of this corrupt age, in the Case of Sir William Herbert reported by Sir Edward cook, Lord chief Iustice of England where it was resolved, That by the Common Law( which is to be understood the great Charter of Englands Liberty and freedom) Neither the Body nor Lands of the Defendant are liable to Execu●ion upon Iudgment for debt or damages ( a fortiori) Therefore the Bodies of men not to Arrests and Imprisonment upon any mesme process whatsoever, the reason is, Because every man is an innocent person, in the Eye of the Law, until condemned by the Law. How unjust and unreasonable a thing it is then, That the Free-men of England ▪ should suffer Imprisonment upon a Capias, which is the utmost punishment the Law can justly inflict upon a Mal●factor before he be condemned by the Law. It is therefore most clear and true, That all those Statutes made and Iudgments passed, which have subjected the bodies of men to Arrests and Imprisonment for debt, are clearly and diametrically opposite to the law of God, to reason, to charity, and to the fundamental Law of England; Therefore in themselves are clearly null and void, for, the body kept within iron Grates cannot there make satisfaction for debts, but only by Liberty and industry in and by some Calling. Wherefore upon just reasons founded on the Birthright of this Nation, it is clear That all Statutes which have been made and Iudgmen●s passed against any one point of the great Charter, do stand and are in themselves absolutely null and void and all Offenders and Infringers of the said Charter are justly p●nishable in and by their Estates and Lives, for thus Infringing the freedom of this Nation, and murdering of Thousands by Impr●sonment, and robbing this whole Nation of their just and undeniable Rights and Liberties; For if any one absurd error be admitted against our just Liberties, a thousand will soon follow, as at this day woeful Experience sheweth, and the perished and perishing lives of thousands of Families doth testify; For if the head of Roya●●● be cut off and the Power disowned, and this Nation declared to be a Free-State, why then the members of tyranny suffered to flourish, and still to bear the poisonous fruits of Slavery and destruction, contrary to the freedom and deliverance, long-since by you Promised and now again this Promise by you confirmed; and why not then this Nation a Free people as of right they ought to be; That so the Lawyer may no longer rob them of their Estates and Liberties, nor the jailer of their Lives, to the utter ruin also of Wives, Children, and Families. It is therefore humbly Prayed, That this Nation may be speedily acquitted from this slavery of Imprisonment, The fundamental Law of England set up on its Bassis, Iustice to be administered in every Province, County, Hundred, and town Corporate, and no man to travail above Five miles from his habitation for Iustice, Consonant to the practise of sundry other Nations and Countries, viz. spain, italy, Germany, Russia, Poland, Holland, and many other Countries( where being) J have reaped more true Iustice for Eightpence, then I have had in England for 1500. l. That so the poor oppressed and distressed in this Land may be truly relieved and Righted, The Capias abolished, the Imprisoned set free, and the ancient justifiable Course for levying of Debts on mens Estates restored, and thereby all able Debtors enforced by their Lands and Estates( though entailed) to satisfy their just Debts, out of the two thirds of their Estates; and that all fraudulent Deeds, made by Debtors to convey their Estates in trust( merely to defraud their Creditors, and making Prisons their Sanctuaries) may be made null and void, that so their poor perishing Creditors may reap satisfaction; It being no better then a plain act of fraud in them, and most worthy of Exemplary bodily punishment to be inflicted on the actors. The faithful and speedy accomplishment of this, will soon produce if not enforce honest and plain dealing between man and man, & will enable thousands( yea all) by their Liberties, to use ways and means of Industry to serve their Country, labour in their several Callings, make provisions for payment of their just Debts, and live peaceably and Charitably one with another in this Common-wealth, to the glory of God, and honour of our English Nation, which hitherto for these her cruel practices, bears the burden of reproach and is for it condemned by all other Nations in the world: The faithful accomplishment of these Particulars, In and by regulating of the Law, turning gaols into Hospitals, causing Iustice to be administered in every County, Hundred, and town Corporate, by the Neighbourhood, will advance the kingdom of Jesus Christ, Peace and happiness to this Nation, and work the total down-fall of Sathans Thrones of Injustice, Cruelty and oppressions, even of the four fairs kept in Westminster Hall, by the Ingrossors of pretended Iustice, where and by whom men are daily bought and sold in their Estates, Rights and Liberties, doing wickedly, and pleading falsely against the poor and oppressed in the Land, making thereby empty the souls of the hungry, and causing the drink of the thirsty to fail, undoing the poor, with lying words, overthrowing the cause of the righteous in Iudgment, and spinning out the thread of one suite to 20, 30, yea 40. yeares continuance, Where the remedy becomes worse then the Disease. And thus they work mischief and that by a Law( not of Gods making) pleading and maintaining that for Truth, which their own Conscience( though black) tells them at that Instant time, Tongue thou liest; Break their power O God, cast them down( as the proud Prelates were) and let their habitations become dwellings for the poor and Fatherless, that so Iudgment may dwell in our Cities, and Iustice in the fruitful field, causing the poor to rejoice and the oppressed to sing for joy of heart; Then the work of Iustice will be Peace to all, and assurance of quietness, yea happy deliverance from these their great oppressors; So shall God be glorified, your Names( as Israels deliverers) recorded to Posterities, and this whole Nation comforted, and ever engaged to bless God for you their great Deliverers; And if no performance by You of these things, then can we justly expect none other then the wrath of God to fall on you and your Posterities, and his heavy Iudgments of utter desolation upon this whole Nation. Stick fast therefore unto the Lord your God in this work, and he will stick fast to you, Take good heed therefore, and love the Lord your God and his people, and cleave not to the generations of cruel( self ended men) Joshua, 23.8, 9, 10, 11. Then shall ye be the Lords people, and he will be your God( and not till then) saith the Lord God, Jerem. 30.22. These Particulars( most noble Senators) together with my own more then 8. yeares cruel sufferings undergone, by the hands and tongues of cruel revengeful slanderoous and backbiting persons( for Truth and Iustice sake) and for my faithfulness to this Common-wealth, and services performed to the hazard of my life and expense of Estate without any recompense or satisfaction had for the same to this day. I do most humbly refer to your Grave wisdom and Pious charitable consideration, Beseeching the Lord God of mercy to go along with you and to be your sold D●rector by his sacred Power and council in all your undertakings, to the Glory of his Name, and the joy of all those that wish well unto Sions approach in Glory, to the amazement of his and your Enemies, and to the Peace, Comfort and well-being of this decaying Nation,— This is, hath been, and shall be, the earnest desires and addresses to the Throne of Grace for you, of him, who in all faithfulness subscribes himself, Yours, and his Countries Servant in the Lord to be Commanded during Life. james FRESE. Whatsoever is not of Christ, is of the devil but Cruelty, oppression and Destroying of men in Prisons, is not of Christ, therefore of the devil, for his servants ye are to whom ye obey, and whose will ye do. FRom the dayes of that just and famous Alfred K. of England to the time of Edw. the 1. national councils were held twice in the year, See the famous Law book, called mirror of Iustice, folio 6. All felons b●ileable are not to be Imprisoned before Iudgment passeth on them, fol. 73. Those that Imp●ison a Freeman, or blemish his credit, are by the Law infamous persons, 192 Multitude of clerks not permitted, fol. 246. No Right in Iudgment to be sold for Fees or Bribes, fol 258 Reason● shewed, That the Statute made for Imprisonment of men for Debt, is evil, illegal and contrary to the fundamental law of England, to reason, and the Liberty of the people fol. 283, 284 All causes and Controve●sies were then determ●ned in 15. dayes, fol 8. No Actions to be entered or received to Iudgment, unless security first given to make the Plaint good, with costs ●nd damages to the Defendant, if not made good, fol. 14. 233. 257 Imprisoning of men till they Die, is by the law Man-slaughter, fol. 27, 28, 30. 274 None to be Imprisoned, but only for Murder, felony, and Treason, f 29. 57. 73. 231, 274 See also the Statu●e of Hen●y the 3. chap. 29. No judge nor any Offi●er is to take any Fee of the people nor reward, fol 64 gaols and Prisons ordained only for mortal Offenders, 72 Gaolers punishable for detaining a felon in Prison after his acquittal; and if detained and die in Prison, the jailer then to be hanged for it, 231 Gaolers and Prison keepers to be punished and ●o lose their places, for putting felons in jrons or exacting moneys from them, 238 Sureties not to b● sued ●or any debt, if the principal be able, see Hen 3 chap. 8. If Sureties be comp●lled to satisfy a Debt, then the Law forthwith to seize on the Lands a●d Goods of the principal Debt●r for his satisfact●on, 9 of H. 3. cap 8. Felons escape out of Prison is no mortal offence, because warranted by the law of Nature for safety, 226 A judge once pronouncing false judgement is never more to be obeied, 230 Gaolers punishable for plundering Prisoners or exacting moneys from Prisoners, or putting them in Irons, fol 231 Pleaders( now called Lawyers) once attainted of false Pleading or maintaining any unjust action or Cause at a bar, is to suffer bodily punishment, fol. 230 Alfred K. of England hanged 44. Iudges in one year for oppressing the people by false Iudgment, 240 Iudges to suffer Death for pronouncing false judgement, fol. 239. No jailer to keep a Prisoner to the dishonour of the State, 214 No Freeman to be Imprisoned for Debt, 9 Henry 3. chap. 29. Alfrid the King hanged judge Hali because he saved Trustram the sheriff from death, who had taken some mens Goods against their wills, fol. 241. He hanged judge At●elstone, because he judged Herbert to death for an offence not mortal, 240 He hanged judge Rolfe for hanging a fellow for escape out of Prison before conviction, 240 judge Thelwell was Imprisoned for imprisoning a man for an offence not mortal, 240 judge Belling was hanged for judging Laston to death by fraud, 240 judge Seafield was hanged for judging Ordine to Death for not answering at the bar, 240 judge Arnald was hanged, for saving a bailiff from death who had robbed the people by Distress●s and for selling these Distresses, and for extracting Fines, f. 241. He hanged judge Deeling, because he caused Elden to be hanged who had killed a man by chance, 242 judge Oswine was hanged for judging Fulke to death out of Court, f. 242. judge Me●line was hanged, because he hanged Helgrave by a warrant of Indictment not special, 242 judge Rutwood was put in Prison for imprisoning a man for a Debt due to King Alfred himself, fol. 244, judge Perin was hanged, for suffering a man to D●e in prison whom he had Imprisoned for an offence not mortal, fol. 241 judge Athel●se was hanged for causing Coppin to be hanged before he was 21. years old, 242 judge Marks was hanged for judging D●●ing to Death by 12 men not sworn, 240. judge Therborn was hanged, because he ju●ged O●gate to death after his acquittal in Court, 240 He hanged judge Walster because he judged Hubert to death, though it was at the Kings sure. He hanged judge Hulse and judge Edulse, for passing false Iudgment, 245 He hanged all the Iudges in every Province, and County who had falsely saved a man guilty of Death, or falsely Hanged any man against Law or reasonable Exceptions, 243 The Lord God of Iudgment, Iustice and Mercy, grant that such Iustice may once more take place in this Land and Nation; That so the Bodies, Estates and Lives of men, may no longer become a picy unto those several ravenous Wolves before-named in this Treatise, as hitherto they have been; For the truth whereof I do appeal to all the people of this Land, who for many yeares past and still do long for Deliverance from this Bondage and Slavery, witness the many hundred Petitions from all parts of this Land from time to time, for these 18. yeares past, presented to the several Parliaments, his late Highness council without any real fruits but gilded Promises, hitherto reaped from them; But now we hope and expect from You to reap the happy fruit, by this Nation expected and earnestly desired. That it would please You forthwith to appoint some honest faithful persons to bee Visitors of all the Prisons in the Land, to search and see the true Cause of every Man and Womans imprisonment, and out of Prison freely to acquit those miserable poor souls that have nothing left to satisfy their Creditors, nor Bread to their mouths; And also all those that suffer Imprisonment falsely upon Revenge and feigned Actions, and upon Executions by attorneys stolen or in directly gained and Charged on them, and acquit these distressed Prisoners, who being Creditors and have great sums of Money due to them, have been Arrested and are Imprisoned by their subtle and able Debtors, who thus usually pay their Debts, by Causing their poor Creditors to perish and die in Gaole. And that all great Persons and able Debtors( who make Prisons their Sanctuaries) and have unjustly Conveyed their Estates to others, to the defrauding of their poor distressed Creditors. That all such fraudulent Conveyances may be made null, and those able Debtors may be by their Estates compelled to yield speedy satisfaction for their real and true Debts; And that all false Witnesses and false Swearers, who have ruined thousands of Families, may according to the ancient laws of this Land suffer Death; and all men wrongfully Imprisoned, may according to the Law of England have triple Damages assigned to them for their wrongs suffered; and that according to the Law of GOD and other Nations; Those that Rob and steal, may not suffer Death( as hitherto) but either by Estate for Service may satisfy fourfold to those by them Robbed, which may be accomplished by sending them the said Felons to the several Plantations beyond the Seas, where after some yeares of servitude; They may( through Gods mercy to them) turn, and become honest and able Common-wealths Men and Womon. By which Course the Plantat●ons will be replenished and strengthened; and mariners thereby increased, as well as other Occupations and Callings in those Parts. By james freeze merchant, Humbly presented to the Parliament and Army this 16th. of May, 1659. Together with a Petition Containing the substance of this Treatise; being Signed by many Thousands of well-affected public Spirited persons; for the speedy relief, Release and Deliverance of all their poor Oppressed and Immured Brethren; As also of this whole Nation to Posterities, from this cruel bondage and slavery of Imprisonment for Debt; and the unjust, abominable, Corrupt present practise of the Law, in use in this Land. Truth from Injustice may hap to reap some blame, Yet Truth shall stand, Injustice shall reap the shane.