THE MALADY AND REMEDY OF VEXATIONS AND VNIVST ARRESTS AND ACTIONS.  
humbly PRESENTED TO THE GRAVE consideration and just determination of the High Court of Parliament, as matters of special concernment to all the Commons of England.  
LONDON, Printed September 24. 1646.   

THE MALADY AND REMEDY OF VEXATIONS AND VNIVST Arrests and Actions.  
IT hath been observed, and by woeful experience found ●rue, that the Innovati●n and alteration of any fundamental point of the Common Law, hath proved dangerous and destructive, to the peoples liberties; therefore it hath been the wisdom and care of our Grandees and wise Senators in former ages to provide for, and look unto in the first place, to have the Ancient Laws and their Liberties confirmed, which neither by entreaty nor force of arms( though often ●ssayed and attempted) the Commons of this kingdom could ever be drawn or forced to fo●go or desert, but have against all opposition, overcoming all difficulties c●nstantly persevered in maintaining their laws, and vindicating their Liberties.  
Duke William of Normandy after he had brought England under his obedience, attempted, and would h●ve ruled by his own Law, and began to govern a●l after the customs of Normandy, whereat the N●bility being much grieved, and the people therewith much sadd●d, and new troubles being ready to break forth: He upon the C●mmons requ●st▪ and for quieting of the People by his Charter Confirmed, which he twice before h●d by oath promised, and gave commandement to his Justiciars to see those laws of King Edward, called the Conf●ssor, to be inviolably observed, the great Charter of Libert●es maintained throughout the whol● kingdom; being to the same eff ct, confirmed after by King Henry the first, who not only pleased his subj●ct● in their Relievements, but likewis● in their sufferings, by ●un●shing the chief ministers of their exactions; and the same was afterward ratified and m●de good by King John and Henry the third, and by many Parliaments since, by this present Parliament, and by the Petition o● Right.  
Now there is not any thing which more nearly concerneth, and which the Law more favou●eth and regardeth, then the liberty and freedom of a mans person: And not without great reason, seeing a mans liberty is so precious and of that E●timation, that the same not undeservedly is valued above al other worldly and external Blessings, and without which man can take little delight in what else he enjoyeth; for Imprisonment of all other afflictions is one of the heaviest oftentimes worse then death, for thereby a man is kept in a lingering death, and is continually dying, so tender a care and due regard and provision therefore hath the Law ever had for the preservation of the peoples liberties, and freeing mens persons from Vexations of unjust Actions, that by the Constitutions and fundamental laws of this kingdom no men were s●bject to Imprisonment for debt, or other personal actions which were not criminal and capital, but only their goods were liable to be charged, yea, not their lands, but in some special cases.  
Yet since by some late Statutes, made upon faire and specious pretences for the Imprisoning mens bodies for debt, the liberty of the people hath been much encroached upon, and many thousands thereby made wretched and miserable, yea, and have starved in Prison. It is not to be  told what devices and feigned Actions and causeless and unjust Arrests, through the cunning dealing and crafty devices of attorneys and solicitors are since daily framed and executed▪ to the grievous vexation and oppression of the people, whereby able and well minded men by such causeless Arrests and groundless actions are utterly undone, especially Merchants and Trades-men, who by such unjust attempts and wicked practices a●e causelessly cast into prison, and so deprived of their liberty, spoiled of their Trade, and have lost their Credit, whereby many of them are quiter ruined and undone, being made a prey to bailiffs and Sergeants, the caterpillars of the Common-wealth and enslaved to the wills and lusts of hard hearted Gaolors, when often the Actions be either merely of Malice▪ or for Vexation devised, or the debt but trivial and inconsiderable, if any at all:  
Yet so high and for so great sums be the same Actions as the parties imprisoned cannot,( though men of considerable estates) procure bail for answering such Actions, and so most injuriously still detained in prison, till either by death they bee acqu●tted, or otherwise being deprived of all other means and hopes, constrained to submit and enslave themselves to the lusts and merciless cruelty of their adversaries: Now are not these doings, these practices, these kind of men more dangerous, more destructive to the welfare and liberty of the people then open robberies, high way thieves, or Bulglaries?  
For he that robs or steals from a man, can take no more then what he finds in his present possession, or that he is able to carry away; whereas the other by such Arrests, and malicious( yea, for the most part groundless and causeless) actions seases on a mans person, robs him of his liberty, spoils him of his trade, his credit, and all his means of subsistence and livelihood at once, his wife and children left desolate and forsaken, an oppression the more grievous and intolerable, the same being done by colour of Law and countenance of Authority, which ought to be the refuge and sanctuary of the innocent and oppressed.  
And while the pa●ty thus grieved and imprisoned, strives to recover what he had so lost by such illegal oppressions, his misery is increased, the cure more dangerous then the disease, and by seeking to avoid one inconvenience, is hurried into a greater mischief, being driven to consume the remainder of his estate, if any be left him, by an endless and fruitless suite to the enriching of attorneys and solicitors, whose greatness and wealth rises from the ruins and spoiling of the people: For these men of Law and their Confederates, as Under-Sheriffes, bailiffs, Gaolours, and their Subordinate Officers, the caterpillars of this kingdom, who with their uncontrolled exactions and extortions, eat up the freeborn people of this Nation, as if it were an act as lawful and necessary as to eat bread.  
And as there is a near relation; and correspondency between the Druggest and Apothecary, the Clothier and the Wollen-Draper, the brazier and the Tinker, so there is no less correspondency between these Petti-foggers and Officers of Prisons, by which they abuse and enthrall the freeborn people: By all which it is apparent, notwithstanding the many and often confirmed laws for the preservation of the peoples just Liberties, wee onely have the dead letter, show and shadow of the Continuation thereof, being in truth utterly deprived of all benefit thereby, while wee are thus subject to these kindes of Arrests and Imprisonments, from which no man can say, he is free, save a few privileged persons; whose posterity and children are still under, and left unto the same vassalage and bondage.  
Thus by these Injurious u●ju●t and feigned Actions and Arrests, we that were and ever have been so accounted the most Free people, are become the most enslaved people, yea, a kingdom of slaves, whereof we have been for a long time regardless, till the same have insensibly overtaken us, and if the same be not spe●d●ly provided for and remedied, wee shall never be able to recover and prevent this oppression and calamity, which I conceive the more to be minded, the same being so weighty a business, as nothing is of a more higher concernment, in regard we have no fitting provision for the prevention of this mischief and malady, till when and while the freeborn people are subjected, and left open to such causeless and contentious actions and arrests; all your other laws that are or shall be made, though never so faire, specious, or promising, are vain and fruitless, seeing they no ways secure mens persons, nor provide for their Libertys.  
So as though a man owe not any thing, but have sufficiency for the discharge of his just debts and credits with an overplus for the comfortable subsistence of himself, his wife and family, and whereby he may the better put himself forth for the preferment and advancement of his children; yet notwithstanding all this, he is subject, and both daily and hourly in danger to be robbed and spoiled of all he hath, not by highway-men and thieves, for these may bee avoided or secured, if discovered aforehand, either by turning out of the way, or Valour, or help of friends, neighbours and country be rescued, not by pirates and Sea-Rovers, from these a man may by flight or fighting escape and gain a safe harbour: But by such as be the abjects of men, such as Job tells us, He disdained to set with dogges of his flocks, by a company of attorneys, solicitors, Sergeants and Promoters, nay; by any one of these caterpillars, and Earth worms, who being set on mischief, or other displeasure causelessly conceived, or often-times wickedly hired thereunto, upon a pretended, feigned, or forged Action of an hundred pounds, a thousand pounds, or ten thousand pounds by addition or increase of a cipher;( though a man be not in the least liable to any such action) can take and seize upon his person, of what degree soever he be,( except a few privileged persons) and cast him into prison to his utter overthrow, and the destruction of his wife and children, no avoidance, no place nor sanctuary there is against these kind of men, Whosoever comes under their power, is in the way of destruction.  
Wherefore, to free the kingdom of this lamentable vassalage and bondage, and more easily to break this iron yoke of oppression, under which the whole hand groaneth and waiteth with a longing expectation of deliverance, if the High Judicature and Court of Parliament, do really intend and desire, as in all their Protestations, Declarations, and Remonstrances they have professed and held forth to the world, to restore us to our native and pristine liberties: It much behoveth them to improve their interests, and by their wisdoms and power, for the freeing this people from this thraldom and oppression speedily to provide some good and wholesome laws for the prevention and utter abolishing of all Vexations and unjust Actions and Arrests for pretended debts, by which many thousand Families are undone, and many able and well minded men at this day, are east and lie in the devouring prisons under a miserable servitude and oppression, which by the frequentnesse and daily practise is common, and so insupportable, that the same is become one of the great burdens and grievances of the kingdom, which is the rather to be minded by the Parliament for that this injustice and injurious dealing towards the people, is done and countenanced by and under the name and title of magisterial Authority, as a colourable pretext to those their unjust proceedings.  
Therefore to neglect such an opportunity as this, which is now put into your hands( noble Senators and grave Consins) to do good for the people for whom you are entrusted, were utterly a fault, and to pass by this mischief, in leaving us without hope, without comfort, prostitute to so great a destruction, wou●d bee no small blot and blemish to the proceedings of this Honourable Senate, for to private men it is sufficient and commendable to abstain from wrong: But for you that be the Supreme Magistracy and Rulers of the people, to see and provide that none under you do wrong, for conniving at, or abetting the faults and miscarriages of their subordinate Officers, superiors make them seem, and may truly be said to be their own.  
Now for redress whereof, I as a free commoner of England, am bold to apply myself, and make my humble address unto you in the ●ame and behalf of myself and many thousands free born of this Nation, spoiled of their birth-right and liberty, now languishing in prisons by these kind of Arrests and groundless vexatious Actions, which our subtle and malicius adversaries, have craftily brought us under: Our adversaries being the more encouraged thereunto, in regard they do us this injury cum privilegio, and under authority act this mischief, without fear, without charge, saving the disbursement of one foure-pence for the Arrest, though they lay a thousand pound action upon u●, where from to free and rescue ourselves, some of us have expended four thousand pounds, and have been worsted ten th●usand pound, and yet never the nearer the recovery of our liberty, or unsettering ourselves from these our bonds and thraldom.  
In consideration whereof, and for the saving us from a final and total overthrow, and preserving our posterity from such vassalage and future destruction, as is now fallen upon us, and threatening them, it is humbly offered to the grave wisdom and consideration of the High Court of Parliament, and for the relief and remedy in the premises, if so it seem fit and agreeable with the Justice of that most Honourable Court, that it may by authority of Parliament bee provided for the future.  
I. That all such as are now imprisoned under any such arrest or action may forthwith bee enlarged, and full reparations made unto them for their losses and sufferings.  
II. That whosoever shall hereafter arrest and imprison, or procure to be arrested and imprisoned any Merchant or other freeborn subject, upon any action for debt, where the same is not really due and payable, shall for the first offence in such case, pay to the party grieved and imprisoned double the sum wherewith he was unjustly and wrongfully charged, over and above the debt truly due if any, the same to be levied of the lands, goods and chattels of the party so offending.  
III. That whosoever shall hereafter arrest and imprison, or cause to be arrested and imprisoned any Merchant or free denizen for any sum whatsoever above a hundred pound, where there is no bond or specialty. shall first make Affidavit before some Judge of Record, that such sum or sums of money bee truly due and unsatisfied, before the party arrested, or to bee arrested, bee committed to any prison whatsoever for the same.  
IV. That whosoever shall offend in the like case, for the second offence being lawfully convicted thereof, shall not only pay double the sum of the Action, but sh●ll be likewise set upon the Pillory and stigmatized, yea, and be disabled ever there-after to sue or implead in any Court of Record: And for the third offence, the same to be capital, being a crime of such an high nature, and so punished as in other Common-wealths and well governed States.  
V. That if the party so offending have not goods and lands, whereby to answer such sum or sums of money, wherein he shall be condemned: For the first offence, to be set upon the Pillory, and three months Imprisonment, for the second offence to be set on the Pillory, and stigmatized, and a yeares imprisonment, and ever there after to be disabled to sue or implead in any Court of Record.  
VI. It is referred to your grave consideration, whether it be agreeable to the Common Law, and Magna Charta, which as to the peoples liberties by the Petition of Right, and the Statute of the 17. Carol. made for the abolishing the Star-chamber, and regulating the council Board, is confirmed; and to the defence and preservation whereof, you by oath h●●● bound yourselves, and so whether the same be convenient or legal to i●prison mens bodies for debt and other faults not criminal, seeing yet the sheriff may not seize and take the beasts of the Plough upon any exec●tion for debt, in favour and regard of tillage and husbandry; and so consequently, much less in all reason and equity the body of the man who is the master, owner and guider of the beast, without whose skill and ind●stry the beast of the Plough is not only chargeable, but altogether unprofitable.  
Lastly, wee humbly conceive that the People ought not to be vexed with close and strict imprisonment from year to year in contempt of the writs and orders of the highest Courts of the kingdom, especially wh●● Re vera, some of them are no● justly indebted for the value of a penny: B●● for want of access to a full hearing of their causes, by means of the C●… terpillers aforesaid, have been turmoiled with eleven or twelve yeares sui●●… and imprisonments, even by those who are really indebted unto them, by which oppression some of us have been damnified divers thousands of pounds, and others quiter ruined and undone.   
FINIS.