THE PRISONERS REMONSTRANCE OR, The Desires and Proposals of such Prisoners as are willing to pay their JUST DEBTS.  
ALSO, A Copy of their Petition to the Lord Protector: Together with His Gracious Answer and Reference to th' Council.  
Also an Ordinance thereupon, for the Suspending the Act for Relief of Creditors and poor Prisoners, 〈◊〉 the 2●th of this instant APRIL.  
With divers other Remarkable Passages fit for all men's view, especially for Creditors or Debtors, or such who are upon their interest concerned.  
Perv●rtit anchorae jectum Deus  
Dei auxilium est ●●adv●sis praesentissimum.  
Impiorum Cons●tia non succedunt.  For if it had not been the Lord who was on your side, when your enemies risen up against you, than they had swallowed you up quick, and those proud waters had 〈◊〉 whelmed and gone over your souls. Psal. 1.9. ver. 1, 2. 
London: Printed by R. Wood, 1654.   

THE Desires and Proposals of such prisoners as a● willing to pay their just Debts.  
THe Prisoners of this Nation conceiving themselves exceedingly aggrieved and concerned in an Act of the late Parliament, which made them all Bankrupts, in case they should not pay their debts before the first of April instant, which as things stood with them was impossible for them to do, they (besides the general want and scarcity of money in these times) being disabled to dispose of their own estates, by setting, letting or selling the same, or any part thereof, or receiving their just Debts or Rents towards payment of their debts; and being also kept in prison the while, for no other end that they can understand, but merely to prevent and disable them to pay their debts, to the end their creditors might have their Estates at their own rates. Thought it high time to present a Petition to His Highness the Lo●d Protector and His Honourable Council, which petition was presented about the second of March to Mr Lisle Long one of the Masters of Requests, by Capt. Roger Pritchard, who was Agent for the prisoners, who seriously taking the same into consideration, promised faithfully to present the same to His Highness at the first audience and seasonable opportunity he could obtain, which as it fell out happened not to be till the 22 of March, at which time he faithfully performed the same, by presenting the said petition to His Highness the Lord protector, which petition was in these words.   

To His Highness, OLIVER Lord Protector of the Commonwealth of England, Scotland, and Ireland, and His Honourable Council.  
The Humble Petition of all such Prisoners within this Nation, as are willing to pay their just Debts.  
SHOWETHS,  
THat your petitioners by a late Act of Parliament in that case made, are enjoined to pay their Debts by the first of April next, else your p●●ioners consist●ng of very many of the Nobility, Knights and G●ntry of this Natio, are to be reputed and proceeded against as Bankrupts, from the time of their first 〈◊〉, and their estates real and personal to be sold, and consequently they and their posterity not only ruined, but made infamous.  
That notwithstanding they are so enjoined, yet their estates are in vested and certain Judges nominated in the said Act, so that your Petitioners are rendered unable not only to dispose of their estates by setting, letting, ●r selling of all or any part of the same, nor receiving their just debts and rents towards payment of their deb●s, and relieving their necessities, which by that means they are utterly disabled to do, but are also kept in prison, where they are like miserably to perish, unless better provided for.  
Now seeing the Lord hath raised you to be Protector of these Nations, and for that you have sworn to govern them according to the Laws, Statutes and Custom seeking their peace and causing Justice to be equally administered, we do not doubt but you will accordingly do Justice, and right those that suffer wrong, relieve the oppressed, deliver the needy, take off the heavy burden, and what ever shall be grievous to the spirits of Christians, or to the free born people of this Commonwealth. An●●herefore we shall not fear that you will add thereto, nor lay it more heavy, nor oppress the afflicted in the gate, by helping forward the affliction, by delivering us and the remnant of our fortunes, as a prey to the teeth of our cruel and merciless creditors, who for the most part are biting Usurers and great Oppressors, who grind our faces, eat us like bread, much less suffer impossibilities to be laid upon us, and that Egyptian task of making brick without straw, which we are constrained to in case this Act be neither absolutely annulled nor regulated: But on the contrary we hope that your Highness and your honourable council, will remember those in bonds, as if you were bound with them, in a christian sympathy, fellow feeling, and compassionate bearing one of another's burdens, as becomes christians, show yourselves merciful as your heavenly father is merciful, who is afflicted in all the afflictions of his people, and doing to us a● yourselves in the same condition would be done by, having some compassion and regard to us as brothers, or at least as free born English men who have an equal right to the same immunities, privileges and liberties as others have, though these various times and sad events thereof, have fallen heavy upon us; which in holy Job's s●nce, doth rather require pity then cruelty, else the hands of wickedness is strengthened, iniquity is established by a Law, even ●o pluck our skins from off us, that is the remainder of our fortunes, and consequently our livelihood, which is little loss than our blood, for which inquisition will in due time be made by the righteous judge of heaven and earth, who is higher than the highest, and who regardeth these things, and despiseth not the sighing of the prisoners, of which number there are not a few, who have been instrumental in the worst of times for the Commonwealth, though now not regarded nor req●●●ed, and who knoweth but that your Highness and religious Council, be come to rule the stern for such a time & purpose.  
We therefore most humbly pray your Highness, and your honourable Council, by the experience you, and every of you have had of God's goodness, mercy, and deliverances in the words of the Apostle, that if there be any consolation in Christ, any comfort of love, any fellowship of the Spirit, if any compassion and mercy, show mercy, or at least justice to your Petitioners in these particulars following.  
1. That in case the said Act be thought fit to be continued, which we hope will not be, being so much against Law and the custom of the Nation, as to make so many noble Knights and Gentlemen Bankrupts, a thing never yet done, your Petitioners may by an Act by you to be made, by way of addition, or explanation of the former, enjoy their liberty not only till April now at hand, but for 6 months longer, and may have time till then to pay their debt, being the time is so far relapsed, and your Petitioners still kept in prison, though they Petitioned Salters-Hall for their liberty till April, so shall they not be surprised, and their estates sold at half the value, which otherwise cannot be avoided to the utter ruin of them and theirs.  
2. That your Petitioners may have the same relief and remedy against such who owe them moneys, as their Creditors have against them, in case they pay not within six months, else how can your Petitioners pay their Debts?  
3. That your Petitioners may not be so wholly deprived of their Estates, but that they may receive such a pittance there out, that they and their wives and children perish not in the mean time, and that when their estates be sold, some regard may be had to reserve the chief house, and 4th. or 5th. part of the estate for the relief of wife and children, for that was allowed to such who were accounted Traitors.  
4. That the Judges in the said Act mentioned or some others may have power when they have truly stated all debts, to force the Creditor 〈◊〉 take Lands for their moneys, either at 20 years' purchase, being moneys is at 6 per Centum, or at so many years purchase as is usual in that Country, where the Lands lie, at least to take so much by way of Mortgage where the Debtor and trusties, or such who have interest in the same, shall consent to pass it, as will per annum amount to the interest of his money for some time for the security, as the said Judges, or other persons to be so entrusted shall think fit and order, upon hearing both sides. And in case the Debtor pay not by that time, that the Creditor giving him 20 l. more in every 100 l. shall have a full and absolute Estate for him and his heirs for ever; and that the said Judges may have power to proceed as a Bankrupt against such as shall refuse to stand to one of these, in case you will have it so; and also to qualify interest during the War, as the Lords Commissioners are enabled to do.  
5. That they may have power also where they find any Prisoner grievously oppressed or kept wrongfully in prison, either for a presatisfied Debt, or by Judgements surreptitiously obtained by the fraud and knavery of Attorneys, or otherwise, to give the party injured good Damages, either from the Prosecutor or Attorney, as cause shall require, as well as not for Declaring.  
6. That whereas the said Act makes all such ipso facto to be Bankrupts, that pay not their Debts before the first of April; that your Highness and your Hononorable Council will declare, what Debts is thereby intended, whither all the Debts they own (which if so, all are Bankrupts; neither is all their Debts yet due, nor demanded) or only such for which they he charged in Execution, before the twentieth of October, which they conceive to the the true meaning of the Act, and not have the same arbitrarily to the Judges, who are of different judgement therein, lest the Prisoner be thereby ensn●r●● a●● ruined.  
7. That for the better Execution and performance of the premises, an Oath may be given to the said Judge that they shall execute the power to them given, ●●cording to the best of their skill and judgement, uprightly and truly, without respect of persons, partiality, or any sinister respect whatsoever, which is no more than all the Judges and Justices of England ●●e sworn to do; and that so much the rather, for that the said Judges are accountable to none but a Parliament, which is not to be ●●il September, so that we may in the mean time be destroyed: But by this means the Creditors are sure to have the● just Debts and Interest in a 〈◊〉 time and our Petitioners, Wives, Children, and posterities preserved from utter ruin.  
And your Petitioner shall ever pray, etc.   

This Petition w● 〈◊〉 sooner presented to his Highness', but was graciously answered with a most plenary reference of l●, and of the Act complained against, to the Cou●cel, in the●● words.  
HIs Highness' pleasure is to refer the consideration of this eti●● to the Council, to re●ew ●he Act for the Relief of Creator's and poor P●●●on, to ●epe●●●●●er, and change the the same, or any Clause theorem a● th●y shall find cause.  
LISLE LONG.   

An Ordinance for suspending the proceed of the judges named in the Act, entitled, An Act for the Relief of Creditors and poor Prisoners.  
WHereas upon perusal and serious consideration had of one Act of Parliament, entitled, An Act for the Relief of Creditors and poor Prisoners; many doubts and difficulties do appear, which must necessarily occasion an Explanation of the said Act for the better enabling the judges in the said Act named and authorized for Sale of such Estates as are to be sold by the said Act for satisfaction of Creditors which cannot in short time be effected; and without such explanation and further direction to be given to the several and respective judges, authorized in and by the said Act several inconveniences and mischiefs would grow, not only to the said Creditors and prisoners, but to divers other persons, not meant or intended to be included within the said Act, and will occasion many troubles and suits in Law, and Equity; for the prevention whereof, due care is likewise to be had: and whereas many of the said prisoners have offered really to endeavour the satisfaction of the said Creditors, if some further time may be given for that purpose; Be it therefore ordained by his Highness the Lord Protector, by and with the advice and consent of his Council, That the said several and respective judges mentioned in the said Act, or any of them, shall not proceed to the sale or disposition of any the Estates Real or Personal, of any of the said prisoners, or of any other person or persons whatsoever mentioned or intended in or by the said Act; nor shall otherwise intermeddle in the execution of the said Act or of any the powers or authorities given by the same until the 20 of April. next. And be it further Ordained by the Authority aforesaid, That all acts or things to be done by the said several and respective judges, or any of them by virtue colour, or pretence of the said Act from henceforth and before the said 20●h day of April. shall be utterly void null and of none effect; saving only that it shall and may be lawful for the said several and respective judges that have vailed or let out any prisoners upon Sureties or otherwise, out of prison (which prisoners are to appear again at a certain day before the said judges, and are not absolutely discharged by any Order of the said judges) to sit only for the remanding and recommitting of the said Prisoners into their former Prisons and Goals, where they formerly were detained in prison, there to ●emain in safe custody and to continue and be in the same condition as formerly they were at the time of their Bailing or letting out as aforesaid.  
Friday the 31 March 1654.  
ORdered by his Highness the Lord Protector and his Council, that this Ordinance be fotthwith Printed and Published.  
HEN. SCOBEL Clerk of the Council.   

Upon this reference the Honourable Council took the said Petition, as also the Act, entitled, An Act for the relief of Creditors and poor Prisoners, being the Act in the said Petition complained against, into their serious and speedy consideration; and upon Friday, being the last of March, it pleased God, who worketh all things in the hearts of the sons of men, according to the Counsel and good pleasure of his Will; so to dispose of things for the good of his poor afflicted and distressed servants, by the careful solicitation of the said Gentleman, that an Ordinance came out in Print, being the very last night that Prisoners could call any thing their own (so that men may still see the Lord is faithful, and appears in the Mount) by which it was provided and Ordained, That all the Judges in the said Act mentioned, should surcease to put the said Act in execution, till the 20th of this Month, which time His Highness, and Honourable Council took to consider how to explain the said Act so complained against, and how to qualify and regulate the same, that men might speedily recover their just debts, and yet the Prisoners not utterly destroyed in their Reputations, Fortunes, and Families, which would have inevitably befallen them, had not the Lord Protector and his Council taken their sad condition into their serious, pious, and charitable consideration: All which is here mentioned, that none concerned therein might be unmindful nor unthankful for so great a mercy, and so seasonable a deliverance, neither to Almighty God the Author, nor to such men who were instrumental for so great a Good. For the next day being Saturday, being the first of April, the Judges at Salters-Hall and elsewhere were to b●gin their Tragedy, to the ransack, if not utter ruin of the Estates of some thousands of the Nobility, Knights and Sentry of this Nation, they having already appointed and constituted their own Sons, and other Agents, who had provided horses for their journey to go into the several Counties of England and Wales, to view and survey what ever Estate they had real and personal, and to seize and secure the same, as belonging to Bankrupts, not only what they had for the relief of their Families at home, and in the hands or custody of any other; but also what they had in the very Prisons: All which things they were resolved to sell at their own rates; but what those rates were, thanks be to God is not yet known, but too much cause there is to fear, it would have been no gre●● rate, if we consider what pennyworths have been usually sold by Commissioners for Bankrupts, and especially when some of the Commissioners were resolved to turn Purchasers: from these things Good Lord deliver us, and grant us that happiness as by other men's harms to beware, and not to fall into their hands; 
Feliciter sapit qui alieno periculo sapit,  
Felix quem faciunt aliena pericula cautum.  
Vos ego nunc moneo felix quicunque delore,  
Alterius disces posse carere tuo.   
For by the woeful experience of such who have to do with them at Salters-Hall, we find their Mercy was Cruelty to all such Prisoners as had any fortunes, who were as sure to be remanded back to Prison, as ever they came out, let their causes be never so just or honest, their grand Maxim being, That all Prisoners that had any Estates must be left in prison till April, whereas had they done many of them that Justice they might and ought to have done, they had long since been out of prison, and had paid their debts, and so have been out of the dangers of being Bankrupts at April, Occidit hominem qui non succurrit cum potest; and so might have preserved their Fortunes and credits, in case that Act had stood in force. But it seems it would not answer their ends & expectations, which was to make all Prisoners that had any Estates, Bankrupts, that so they might sell their Estates, they knowing it is good fishing in such troubled waters; neither did they at all fear the sequel being not sworn. Now if any would know the reason of such their proceed, it is conceived, i● was because some of the most eminent of them were Gaolers sons, Orator improbus leges subveriit: And that such had too great an influence upon the rest of the Judges; else it is thought they would before this regulate the abuses and extortive fees of Prisons; also they were accountable by the said Act to none but a Parliament; and withal, they were to have so much a pound out of all such Prisoners Estates as they sold, and on the contrary were to have no thing from others: By which the world may see what they aimed at, and how these men played their Games.  
Lucrum sine damno alterius fieri non potest,  
Damnum apellandum est cum mala fama lucrum,  
Ex damno alterius commoda nulla putas.  
And being a Lion may be known by the Paw, as well as by the whole body; let all such as are or were like to be concerned, praise God for delivering them out of the Paw of the Lion and the Bear, for they were very near destruction, he that is wise will remember these things and consider the loving kindness of the Lord, but a fool regardeth them not; and in the next place, let all prisoners by way of thankfulness use all means possible to give all just and fitting satisfaction to Creditors, for though they have escaped in all probability this danger of being Bancrupts (which rightly valued, is a great mercy that men would therefore praise the Lord for his goodness) yet they must think a way will be found to force all men to pay their just debts, if they have wherewith, and not to make a Prison a Sanctuary to preserve and protect men there from, which as on the one side is no wise intended, so on the other side all honest Creditors are desired not to be over rigid and severe with their prisoners, but rather take lands for their moneys from such as shall offer the same, or other satisfactory security unto them, either by absolute Purchase, or at least by way of Mortgage for some time, as by the aforesaid Petition is desired, not holding their prisoners to advantages not impossibilities, by working upon their necessities, but rather to show Mercy and Compassion every one to his neighbour, that so there may be no oppression nor leading to captivity, nor just complaints in our streets, else what do they do but grapple with heaven, to pull down more vengeance upon a sinful Nation, for the Lord hath a controversy with us, because there is no truth, nor mercy, nor knowledge of God amongst us. Hosea the 4 and the 1. Therefore as Christians, take into your consideration the great losses men have sustained in these times, and how hard & difficult it is now to procure moneys especially to them who are cracked in their credits and fortunes, insomuch that every one cannot nor will not deal with them, nor will they give them half the value of their lands for fear of encumbrances especially while they are in prison, which in the way before proposed, may be avoided being sold by the owners, and trusties and the Judges as by the aforesaid Petititon is proposed, which being once so sold will be soon bought out of the purchasers hands if he pleased by some in each County, who durst not deal with the prisoner for the reasons aforesaid, as also for fear of angering some great men who had a desire thereto, or had the same in Mortgage; now you that are willing to buy the prisoners lands from the Judges, we hoped may better venture on the same, when it shall be sold by them with the consent of the owner, and such as have interest therein, though you should pay 3 or 4 years' purchase more for it, for it is more honourable safe and honest before God and man, and if you will go otherwise to work with any that shall really proffer this either by labouring to keep them still in prison, there, as your common but most unchristian like Phrase is to make dice of their bones or shall improve your power and interest in the Judges nominated, or to be nominated, and their Agents for that end and purpose to sell such part of the prisoners estate to you: or others to your use as you please, or at such rate as you think fit, know ye that you do hereby little less, than covet Naboths Vineyard and that if you could bring your designs to pass you would be no gainers thereby, nor long enjoy your purchase male part a male dilabuntur, for what should you get if you could gain the whole world, and lose your own souls; therefore trust not in wrong and robbery, but rather strive to do justly to love mercy, and to walk humbly with God, else see your reward in Matthew the 18 and 31, 32, 33, 34, 35, vers. but besides this know that we prisoners have hopes that the same God that inclined the heart of our noble Protector, and his wise Council, so graciously to answer our Petition, and to grant us the first fruits thereof by this late so seasonable an Ordinance will also give them wise, and understanding hearts to the end, and will not suffer them to bear the sword in vain, but graciously assist and direct them to do those things, that may most conduce to his glory and our good, and not deliver us and the remnant of our fortunes, as a prey to your teeth, but rather take the prey out of your teeth, and with holy job search the cause they know not, and also make such a candid and christian like explanation of the said Act, in case it do continue, as that you may have your just debts, and that we and our fortunes and families may be preserved, from utter ruin by such unreasonable men which the Lord knows, and we know and your own Consciences know ma●y of you are; for would you have accepted of your deuce from many of us, though we are in for other men's debts, you might have had the same long since, and we might have been at home with our families, and might have been serviceable to the Commonwealth in our several stations, but your cruelty and oppression in seeking our houses over our heads, and our whole fortunes, makes many men resolute and desperate; Oppression in the sense of wise Solomon, being that which maketh wise men mad, and us so mad as to choose a prison, rather than our fortunes and posterities should be ruined by such men; therefore being you take upon you the name of Christians, either act accordingly or abandon the same appara quod es aut esto quod appares; for it had been better for you never to have known the way of truth then to sin wilfully against it, in the light of your own Consciences, in destroying your brother, for whom Christ died by your merciless cruelty: Again, we hoped that you yourselves, we mean the rich Citizens of London, will not be thought competent Judges in your own and friends Causes, if you be, we may say farewell to prisoners and their fortunes, for we have already seen what we must trust to, and what unsavoury salt is sold in Salter's Hall, by some whose Consciences are so nice and tender, that they will not be satisfied with the Oaths of 5 or 6 witnesses, though they concur to prove a general, known, and granted truth, which was never questioned nor gain said, saving by themselves, especially when the cause concerneth loom of your rich Citizens; therefore we hope that whosoever shall be, to have them bounded with an Oath at least, and loom other boundaries and explanations, which may serve for a bridle, or rather, for so it had need, be a hedge of Thorns to keep them in, in case they act no better than you did; as by a taste of your salt, which hath exceedingly lost his savour, as the world may see, may appear. And therefore it may be you may take your ease as well as your Masters did before you; or at least in case you be continued, and shall through Ignorance, or wilfulness, or both, destroy any man in his Fortune or Liberty, as they were like to do to many at this time, had not that divine hand which disposeth all things prevented you; that they may be made subject to Law by an Action of the Case as well as others: Else they may do what they please, and we see it pleases them to do what they will, even very strange things; Stet pro ratione voluntas; so that their Wills have been our Law, when they could give no other reason for it, having acted in some men's cases quite contrary to what they did in others.  
So that we are constrained to publish these our just desires, to the end that if any man have any thing to say against the Justness and Equity thereof, he may declare himself, and show us our mistake; if not, let the mouth of Iniquity be stopped, and let these things be reform, to God's glory, ours and the Nations good; for in our sense, every man is bound to do by us, that are willing to pay their just debts, as themselves would be done by, were they in our conditions; Quod tibi fieri non vis alteri ne feceris: And as for others, we have no more to say, but Qui vult decepi decipiatur: For no man's Mountain is so strong, but by one means or other it may be shaken, and he brought to it before he be ware.  
Tu quoque fac timeas & quae tibi leta vidantur,  
Dum loqueris fieri tristia posse puta,  
Ab alio expectes alteri quod feceris,  
Ludit in humanis divina potentia rebus,  
Et certum presens vix habet hora finem,  
And were he sure to be exempt from the same, the Obligation is the greater, as may appear by the 18th of Matthew, before quoted; therefore we wish we might all learn this Lesson, Not to oppress one and other, but especially not the afflicted; for our God will punish all those that oppress them, and will be their refuge; and assuredly, he that doth it doth but consult shame to his own house by destroying many people, and hath sinned against his own soul, see Habakkuk 2.10, 11. For he that oppresseth the poor to increase his riches shall come to want Prov. 22.16. So leaving this to their Christian consideration, wishing the Lord to give them understanding in all things, we rest nameless, not because we dare not own what we have said, but because in your esteem we are dead, and not worthy to be named amongst the living.  
FINIS.