A second part of the Prisoners Remonstrance showing their sad and heavy PRESSURES With a speedy Remedy, and a way for the enlargement of all Prisoners for debt, and Civil Causes. ALSO Many choice points of Law worthy every mans knowledge touching the illegallity of the former Act, and some seasonable Proposals for the New; fit for all mens view, but more especially for Prisoners and Creditors, and such as are upon their interest concerned. TOGETHER With a taste of the Salt sold at Salters-Hal, and in too many places of this Common-wealth, or certain Cases instanced by which their Justice may appear; published least men should be deceived or poisoned therewith. Dat veniam Cornis vexat censura Columbas▪ Non Radendum usque at Cutem. These things hast thou done, and I held my tongue, and thou thoughtest wickedly that I am such a one as thyself, but I will reprove thee, and set before thee the things that thou hast done. Ps. 50.21. London Printed 1654. A second Part of the Prisoners Remonstrance, showing their sad and heavy Pressures, with a speedy remedy for the enlargement of all Prisoners for Debt, and Civil Causes. HAving in our last promised the world a taste of the Salt sold at Salters-Hall, and having thereby touched upon certain general heads which might seem too much to reflect upon the late Juges there, by way of scandal a thing too much practised in these days; we therefore being desirous to avoid any suspicion of that kind, thought ourselves obliged to make good the same more particularly here, not onely by giving you a true account of the particular cases, and the names of the persons whom the same concerned, who made trial thereof, but we have also laid open the manifold inconveniences and mischiefs of the Act itself, and how destructive to the law the same was, and have proposed certain remedies, and first to make good that it was a general rule practised amongst the Judges there, to remand all prisoners of fortune who came before them, to the several prisons from whence they came, without any relief till April, be their causes never so just nor honest, their constant practise to all or most that ever came before them will declare, but more especially their carriage to Sir William Smith, Sir Henry Anderson Knights, Mr. Henry Deerham, Mr. Francis Ewr, Mr. Plucknet, Mr. own, Mr. Carew, Mr. Musgrave, Mr. Rumsey, Captain Roberts, Mr. Colevile, and many others, some whereof were 9 or 10, yea 12 or 14 times before them to their honour be it spoken But it may be some will object that their several cases were not relievable before April, and that in the mean time they were so charitably disposed as to relieve the poor prisoners, conceiving the richer sort had wherewith to maintain themselves in prison which they had not, and therefore might have perished had they stayed while the richer sort had been discharged, to which may be soon answered that if the same were true, it were somewhat, yet no warrant to cause Gentlemen with their council and witnesses to attend so often, and at last to put them off, unless they were minded instead of relieving them to make them poorer, also who had any thing left. But we shall make it appear that their charity to the poor was little less then what it was to the rich, especially if they found they had any estate, though it were in others hands, and they were wholly deprived of it, or kept from it, witness poor widow March a prisoner in the Fleet, who hath of a long time been unjustly kept in prison, and with much difficulty being an aged woman, got her living by keeping of Gentlemens chambers, and by washing their linen, who after she had attended them seven days, with her council and witness, was remanded back to prison, though her Adversary owed her more money then she owed him, and all the cause they had to remand her, was, that her adversary did keep her estate from her, and her self in prison, and this she said her self by way of Complaint against him; upon which they took an occasion to sand her back to prison till April, where she is put to very hard streights, and would have gone near to perish for want, were it not for some good people, we wish this charity may not rise in judgement against them. The like mercy they shewed one Anne Tailor that lay in the Hole in the Poultry counter for a long time, which very thing besides other things was a sure argument of poverty, else the Jaylor without doubt would have afforded her better accommodation, yet this poor creature was remanded back to prison again. Again in the case of Francis ewer Esq prisoner in the Fleet, who had divers great Actions, and pre-satisfied Executions, amounting to 16 or 17 thousand pounds, charged upon him, at the svit of one Sir Henry Standard, Sir Francis Williamson, Mr. Lenthrop, Sir Rob. Cook, Mr. Shears and others, who had by a strong and powerful combination kept the Gentleman many years in prison upon the same Actions, of purpose to destroy him, and to share his estate; as he saieth, else it is not like they would have left so many Actions, to continue without any Declaration some 4 and some 5 years, and yet notwithstanding all this, and that the Gentleman did present his Petition to the said Judges, against all the persons therein nominated, yet could have no relief for all his injuries and oppressions, but to be remanded back to prison, a Copy of whose Petition followeth. To the Honourable Judges appointed by Act of Parliament for the relief of Creditors and poor Prisoners. The humble Petition of Francis Ewr, Esq Prisoner in the Fleet. Sheweth, THat Henry Standard, and Elizabeth his wife, in the year 1648. charged the Petitioner in the Upper Bench in a Plea of debt upon demand of 4000 l. and never declared upon the same: That the said Standard and his wife charged the Petitioner in the upper Bench with an AAion of Trespass upon the Case 2000 l. and never declared upon the same. That Francis Williamson Knight, charged the Petitioner in a Plea of debt upon demand 1000 l. and never declared upon the same. That the said Francis Williamson charged the Petitioner with 200 l. and never declared. That Thomas Salmond Gent. charged the Petitioner in a Plea of trespass upon the Case, 2000 l. and never declared. That William Leech an Attorney, charged the Petitioner in an action 16 l. and never declared. That on Maurice Gegfith, charged the Petitioner in action 600 l. and never declared. That John Hill, Susan his wife, charged the Petitioner in action 200 l. and never declared. That John Curtis an Attorney charged the Petitioner in an action of ●0 l. and never declared. That Margaret mayor widow, charged the Petitioner in a plea of debt upon demand, 100 l. and never declared. That Giles Danal charged the Petitioner in a plea of debt 50 l. and never declared. That Richard R●ach charged the Petitioner in an action of debt, 500 l. and never declared. The Petitioner humbly beseecheth your Honour to summon all the afore-mentioned parties to show cause why they have so causelessly vexed the Petitioner with their several feigned actions, and that your Honour will take your Petitioners long imprisonment into your prudent consideration, and give such several damages against the said parties to the Petitioner, as the merits of his cause and fuffering shall deserve, and also humbly prayeth your Honours Order to the Warden of the Fleet, to permit him to attend your Honour in the prosecution of this Complaint, and that he may solicit his business with a Keeper, he being not able to be at the charge of a solicitor himself to summon the parties complained of, and to attend your Honour, until the same shall be determined of before your Honour: the Warden of the Fleet, having already good security for the Petitioners faithful and true imprisonment. And he shall daily pray, Francis ewer, Exe. Tho. Forster. The Gentleman to prove that he was charged with all those actions in his Petiton mentioned, produced a Copy of his causes, under the hand of the Warden of the Fleet or his Deputy and Witnesses to prove the same, which in all other causes was held for, and taken to be sufficient evidence, but in this case nothing would serve turn but witnesses viva voice, must be produced to prove that every one of those actions, was entred by the special direction privity and procurement of the several parties complained against, else nothing must be done, which is more then we prisoners can ordinarily do, we being in prison not knowing what Agents our Adversaries do employ, moderate men would have conceived this was sufficient proof; that a Gentleman had lain in prison charged with so many actions, so many years,( for men seldom charge themselves) and so did they in the cases before mentioned, and in all others, but in this, the case was altered, but how it came to be altered, whether it was because one nimble Gentleman of the Judges, altered and changed his place, and went to all or most of the Judges and whispered them in the ears, or by his own or some others of his nearest relations greedy desires to purchase a fair Lordship, of the said prisoners called Bucknell in the County of Oxford, is not yet certainly known, but time will manifest, but is already more then probable in regard a brother law of one of the said Judges, namely one M. Fretman, did long since out of his confidence in the said Judge, proclaim the Gentleman to be a bankrupt, and that his estate would be sold at Salters-Hall the first of April, by which means he hindered his Tenants to pay him any rents, or to supply his necessities, upon any terms, insomuch that the prisoner being a Gentleman of a fair and considerable fortune, viz. of 1000 l. per annum at least, could he have his due is put to great streights in prison to relieve himself, and hath a wife and many children in the same condition, though not in prison. The said Judges did the like by one Mr. Carew another Gentleman who had of a long time lain in prison in the Fleet charged with 2 or 3 vexations and feigned actions amounting to five or six thousand pounds, in which were no Declarations yet had no damages given him, and so they did by Sir William Smith, Mr. Rumsey, and many others, Eisdem de causes alij plectuntur al j ne appelantur quidem, so that the world may see how partially and arbitrarily they dealt with prisoners, and may see the old saying verified, as the man is befriended so the matter is surely ended, gratia fit pluris, quam tota scientia juris. Now if they did thus in such clear cases as these so directly contrary to the very Letter and express words of the Act, by which they were empowered and made Judges,( and their own practise in some cases) what liberty they would have taken when they came upon any difficult obscure or doubtful places of the same, the world may guess. And now having made good that their own wills was the law they walked by, and that they did quiter contrary in some cases to what they did in others, and that if they did good to some poor prisoners, it was but to some whom they pleased, or who made good friends to them, it being no general practise of theirs, as by those poor prisoners formerly name to be still in prison, and many others, who we now pass over for brevity sake may appear, it seems they had not learnt that old distic● una pena implicat quos unus amor in crimine ligat. Besides it will appear that very few or none of those who they did discharge were discharged out of charity, but were bound to pay so much weekly or quarterly out of their labours to their Creditors, which was a work of superarogation, and in no wise commanded or enjoined them by the said Act, and contrary to the course and practise of all or most of the Iudges of the several Counties of England and Wales, besides themselves, who discharged the poor, because poor, and the rich because they had estates, which they were sure to meet with, in case they should not pay their debts by the first of April, so that we who have fallen into the hands of these London Iudges, are of all or most prisoners most miserable; witness the Petition of the Prisoners of the Fleet, presented to the Iudges in November last, which was subscribed by near 40 Lords, Knights, Esquires, and Gentlemen of fortune and quality, in the behalf of themselves, and all their fellow prisoners in these words. To the Honourable Judges authorised by Act of Parliament for relief of Creditors and poor Prisoners. The Humble Petition of the Prisoners of the Fleet. Sheweth, THat the Petitioners by the said Act are enjoined to pay their debts before the first day of April next, under pain of being proceeded against as Bankrupts after that day, from the time of their first Commitments. Now for that many of your Petitioners have sufficient estates for payment of their just debts, with an overplus, remaining in other mens hands, and now in svit for, and other some of your Petitioners lye charged with greater Actions and Executions then their just debts amounts to, whereby their credits are so much impaired, that their friends forsake them. And for that also it is impossible for your Petitioners in the time aforesaid( much thereof being spent without fruit for want of liberty) to treat with their Creditors, and raise moneys to pay their just debts, by sale of lands, prosecuting suits, getting in, and recovering their just debts and estates,( unjustly kept from them) ascertaining their just debts, making defence, and relieving themselves, against unjust and unreasonable demands of obdurate Creditors( your Petitioners Debttors and tenants, taking advantage of the last provision in the said Act, refuse payment of their debts and rents; And their Creditors demanding forfeitures, and refusing to accept just and reasonable satisfaction) unless your Petitioners may in the mean time, have liberty by such means in your Honours power,( as of yourselves or by mediation to the Parliament) as to you● wisdoms shall be thought meet; to go abroad where their severa●l estates lye, and their Debtors and Creditors live, and may have their just debts ascertained( and for preventing many destructive mischiefs, that lye on your Petitioners by their shortness of time for payment of their debts) have a speedy receipt of your Petitioners Petitions and Examinations and Determinations of their several Causes. And that the Petitioners may have the same privilege of speedy proceedings against their Debtors and tenants, as their Creditors are to have against them. The Petitioners therefore most humbly beseech your Honours, to take into consideration their sad and dep●orable conditions( they desiring a preservation of themselves, children, and families, and a speedy payment of their just debts) to be pleased to order them their present Liberties, and such further speedy relief in the rest of the Premises aforesaid, as doth and shall lye in your Honours wisdoms, and powers, by such ways and means, as by your Honours shall be thought just and meet. And for the other part of your Petitioners desires, or what is fit to be granted to them, and not in your Honours powers to grant, that your Honors will be pleased to be intercessant to the Parliament for your Petitioner for the same. And your Petitioners and their disconsolate wives, children and families will daily pray for your long lives and prosperous estates. Thomas Dacre, Kt. Hen. Anderson, Kt. Tho. As●field, Kt. James Davy. Edw. Rumsey. Tho. Stevenson. Lyster Blunt. Edm. Hasings. Edw. Ma. Wingfield. Tho. King. Edm. Winstauley. Will. Lacy. Samuel Norris. Cuthbert Foywoth. Ric. Parme. Robert Ford. Robert Perrie. Bernard Bormer. Tho. Burton. Samuel Mott. Henry Fleetwood. Fr. ewer. Hen. Derham. Dorothy Arundel. Law. Wynington. Robert Jason. William own. Tho. Walton. Robert Becket. Tho. Capon. Will. Roberts. Roger Halford. Will. Gregory. Will. Bletsoe. George Smythson. Abiezer Hay. Christo. Musgrave. Now had these worthy Iudges but harkened to the aforesaid Petition, we that were prisoners, in case we should not before the first of April have done just and righteous things, and given satisfaction to our Creditors, then we had been without excuse, and it had been but just for them, or at least they might have had some colour to hold us to these extremities: but without granting thereof, or stating our just debts, that we might know what and how much we must pay, or granting us any relief or assistance out of the estates of those for whom many of us lay in prison, they being able, seemed strange justice from such Judges who were appointed to relieve Creditors and poor prisoners, of which number we accounted ourselves, or might very well have done with a witness before this day, had they been but permitted to proceed according to their intentions at April, then we are sure they would have made us poor enough, for by all their actions they have so declared it, ex ungue leon— Now let all men judge, whether this was not the height of Tyranny and Cruelty, for they never headed our Petition, nor would vouchsafe us any answer nor relief, but kept us still in Prison as before; yea, and that though divers of us were kept in for other mens debts which were formerly satisfied, witnese Mr. Peacock and Mr. Rumsey and others, by that means disabling us to pay those just debts we did owe of our own to other persons, which could be to no other end but to make us bancrupts at April, there so we and all our fortunes might be at their mercy, who upon the sale of our estates were to have two pence a pound themselves, besides the large salaries they intended for their Sons and Agents, if they had not further aims to purchase our whole estates betwixt them and theit Confederates: some of them having openly and ingeniously confessed to some that spoken to them in their behalf, that though men were kept never so unjustly in prison, yet if they had estates, though they owed no debts, they must keep them in prison till April. So you see it was their estates that osfended, and for their estates sake they must continue in prison; this was spoken it seems by such who better knew how to sell a svit and Cloak then to do justice, by which you may see that the best of them were but a tearing Brier, instead of Iustice, beh●ld a cry. And whereas by their act they were required, in case any man had lain three moneths in Prison, and no Declaration filled against him, they were not only enabled to discharge him, but also to give the prisoner damages according to his quality and suffering: Now how the said Judges behaved themselves herein, may appear how transcendently they gave damage● to some, especially if they were Citizens, or had good friends in the City, as namely one Master Benjamin Busfield, who being but a Merchants servant, having been only arrested upon an Action, upon which he lay but two or three nights, at the most, before he was Bailed out; yet he had no less then one hundred Marks damages given him by the said Judges: Also Captain Flord being charged with an action of four pound, had ten pound damages given him by his Adversary for not Declaring; and Mr. Deeram in the like Case had 100. l. ordered him: but on the contrary when Captain Christopher Musgraves Case came before them, which was an hundred times worse, as by that relation will appear, they gave him but 15. pounds damages for 15. moneths imprisonment. Now to make good what we say, we shall here relate the Gentlemans Case, which was briefly thus, he being somewhat indebted, and being desirous to pay the same, and to provide for his Wife and Children, having certain Lands past unto him in the County of York from Sir Lion Pilkinton, by way of mortgage did sell his right, title, and interest thereto, to one Mr. Nathaniel Therold, Marshall of the E chequer, at and for the rate of 960. l. whereof the said Thorold paid him about 250. l. and promised to pay the rest of the purchase money in London, and appointed the time and place where Captain Musgrave should receive the same, who accordingly made a journey from Cumberland to London, being 240. miles, intending to receive the said money, but when he came to the place appointed, instead of receiving money he was Arrested by Thorold upon a Bill of Middlesex, upon a pretence that Musgrave owed him moneys, whereupon the Gentleman being a Stranger, and so remote from his Friends, country and Habitation was carried to the Gatehouse prison, where he was charged by the means of Thorold with an Execution that the said Thorold had engaged to satisfy, by which means he was continued a close prisoner three moneths, and when Mr. Musgrave had provided money to pay the said Execution, and was ready to bee discharged out of prison; Thorold caused a new Action to bee charged upon him by another Bill of Middlesex, to which he would take no Bail; whereupon the Gentleman turned himself over to the Fleet, where he hath lain above thirteen moneths, but all this while Thorold never declared against him, insomuch that he petitioned the Judges at Salters-Hall for relief, who granted Summons to call in Thorold, as also several witnesses on both sides; whereupon the said Cause came to hearing before them, and though the Cause was proved clearly, as before is related, both before them and master Fountain, who said he deserved to be set on the Pillory for it, the said Judges gave the said Gentleman, though he was thus wrongfully kept in prison, by one to whom he owed nothing, yea more by one, who as he made to appear did owe him above five hundred pounds, yea, though the Gentleman had a wife and six children who were ruined by this means, being put out of her house, and her very bed seized on by the Landlord for Rent, which the poor Gentlewoman was by this cruel oppression disabled to pay, while her husband was here in London in prison, and the greatest part, if not her whole Estate kept in the said Thorolds hands, yet these worthy Iudges would give this Gentleman but r5. pounds damages for fifteen moneths imprisonment, while they gave this Merchants servant an hundred marks; and whereas there was some other small and inconsiderable Actions and Executions against him, all not exceeding 40. l. and though it did appear by Thorolds own councils Confession, there was 550. l. of Musgraves money in the said Thorolds hands, yet would not the said Iudges discharge him of the said Action, nor order him to pay so much as would discharge the Gentleman out of prison, but remanded him back to the Fleet there to continue without relief till April, neither could he have so much money from the said Thorold, as would discharge his Chamber Rent in the Fleet, by reason whereof a small occasion was taken to turn the Gentleman into the Wards amongst the common sort of prisoners, where he hath now continued above four moneths in a sad condition, his wife being great with child and ready to lye in, having sca●ce money to pay for her lodging, and to relieve her self, and to preprre necessaries for her self in her condition, or to maintain her husband in prison, or her children which are in a most sad condition in the country, where they are forced to live upon the charity of their friends; yet these Iudges turns a deaf ear to all these complaints, though the Gentleman hath been ten or twelve times before them: God grant that these things provoke not the Lord to turn a deaf ear to them, and to this sinful Nation, and grant that by his judgements the inhabitants of these lands may learn righteousness, for ought appears to us by their fruits, these have learnt little yet. Now to prove their further delays, and put offs, if not gross partiality, we shall desire the Reader to observe this ensuing Case, betwixt Edw. Rums●y, Esq and jo. Ieffreys of London, Grocer: As also how highly they fav●ured the Grocer against the Gentleman, who was of a long time, and still is a prisoner for another mans debt. EDward Rumsey Esq being now a prisoner in the Fleet, upon an Execution of 400. l. at the svit of master James which of London, Merchant, who hath another Iudgement of 800. l. against him, and another Band of 200 l. all being for the debt of one Pedwardine Rumsey of London, Grocer; being desirous to be relieved herein, according to the late Act of Parliament, which provides that in case any lies in prison for the debt of another, the estate of that person for whom he lies, in case he have any shall be first disposed of towards payment of his own debts. Now the said prisoner being informed that the said Pedwardine hath a sufficient estate to pay his own debts in the hands of one master John Jeffreys of London, Grocer, and others; he petitioned the Judges at Salters Hall for relief herein, who granted their order of Summons to bring in the said Jeffrey's, and all such who he complained against before them upon the 24. day of February last, at which time all parties appeared, and were put off till Saturday the 4th. of March, because the prisoner did not bring a copy of his Causes with him, which was then denied him for some reasons then made known to the Court, though they needed not had they so pleased in regard they had the same formerly returned by the Warden. However, upon Saturday the fourth of March all parties appeared, and a copy of the Causes was then produced, which was duly proved, and then it wat fully proved by the testimony. 1. Of master John Musgrave, who was master which his own Agent and Solicitor, who recovered the said Judgements against the said Rumsey the prisoner, and charged him in Execution in the Fleet thereupon, that the said Execution and Judgement were the proper debt of the said Rumsey the Grocer, and not the debt of the prisoner, and that the same was contracted for Currance sold by Mr. which being a Merchant to the said bed. Rumsey being a Grocer, and that Rumsey the prisoner, and master Lionel Gilson were but Sureties for the same, so that divers of the Iudges were satisfied, and began to proceed to the merit of the cause, and name two Citizens, viz one Adams and Jones to exam ne the account betwixt Rum ey the Grocer, and the said Jeffreys to which the prisoner no sooner contented, but the Court by M Worcups leared Oratory, did recede from their first Order and Proposal, saying the prisoner must make other proof, that it was the Grocers debt. 2. Whereupon the s●m● was made good, and proffered to be sworn to by M s. Anne Gelsoa then in Court, whose testimony the Court refused, because she was sister to the prisoner, and wife to Gelson. 3. The prisoner likewise proffered to prove the same by the oath of Rumsey the Grocer, whose debt it was, and who had the said Currants, but the Court refused to examine him, because he was brother to the prisoner. 4. The prisoner also produced the B●nds themselves, which were openly viewed in Court by all, by which it did appear that the said Pedwardin Rumsey the Grocer, did seal the first seal, Edward Rumsey the prisoner the second Seal, and Mr. Lionel Gelson the third Seal: but true it was the prisoner was name first in some of the Bands, which he acknowledged he caused to be done least the principal should aclowledge a Judgement against him unknown to him. 5. The prisoner also produced master James which his own answer in Chancery, and a witness to make oath that the same was a true Copy compared with the Original, wherein he the said Mr. which himself confessed, that the debt was contracted by the said bed Rumsey the Grocer, for a parcel of Currants which he sold to him, but would not deliver the same till Mr. Rumsey the prisoner, and the said master Gelson had entered into bond for the security of the price of the said ●●rrants; which Answer the Court would not admit to be red at that time, because the Bill was not then in Court. 6. The prisoner also proffered to swear it was the debt of the said bed. Rumsey the Grocer, and that he had none of the said Currants, nor of the moneys that was made of them, and that the said Pedwardine confessed a Judgement of 15. hundred pounds to him and the said Mr. Gelson in order to save them harmless from their engagements, before ever they entred into the said Bonds, which he proffered to produce, yet notwithstanding all this proof, the Petitioner was put of till Tuesday the 14 of March. 2. Upon Tuesday the 14 of March the party appeared again, and the prisoner produced both Bill and witness as aforesaid to prove the same, but the Court would not hear neither Bill nor answer, they being then of this opinion that as long as the party was living who had sworn any answer or affidavit, he must come to Court, and be there examined Viva voice, to which was replied that the said Mr. which had broken his leg, and was sick, and kept his bed and therefore was not able to come, of which Oath was proffered to be made, and therefore the prisoner being kept in prison onely upon that execution, and his estate being in danger to be sold in April, the said Mr. which having long since made his brags, he would then buy it, the prisoner having a wife and eleven children to provide for, humbly desired the Court, being they were not satisfied withall that proof formerly mentioned, that 2 or 3 of the Judges, would make a step to Mr. which his lodging, he lying within less then a flight shot of that place, there to examine himself, which the Court refused saying they could not sand a Court out of a Court, and also said they were resolved to hear no more of this business till Mr. which was able to come abroad, and give them further satisfaction to which the prisoner replied that perhaps that might never be, and that he might die, and therefore pressed earnestly for an Order to bring him the said Mr. which before them, either in a Coach or Sedan to be examined that afternoon, which the Court refused to grant, but appointed to hear it further in case the prisoner could bring Mr. which before them, upon Thursday the 16 of March. at which time all parties appeared again, the prisoner having four or five Witnesses and three counsel that attended all that day, but could not be heard that day, by reason whereof he was forced to come again upon Friday the seventeenth of March; at which time all parties appearing, the cause was again debated, the prisoner having then several witnesses which be desired might be examined, the Court refused to swear them laying, they would hear M. which before they would proceed any further: To which the prisoner and his counsel replied, that if they would please to examine such witnesses as were then in Court, and did not receive full satisfaction by their testimony, he would then fetch the said Mr. which, if possible, the prisoners counsel further urging, that he was to prove the thing in issue at his peril, and that the Court had no reason to prescribe and limit the prisoner by what witnesses he should prove his cause by: But all this notwithstanding the Court refused to examine the prisoners witnesses, but put off the cause till Tuesday the one and twentieth of March wishing the prisoner in the mean time to summon the said M. witch, further saying, that in case he then came not, they would proceed to hear the prisoners witnesses, as by their Order may appear. 5. Upon Tuesday the one and twentieth of March all parties appeared again, the prisoner with his six witnesses, and four counsel, who prest the Court sufficiently to have a full hearing, acc●rding to the Order of the Court, but the Court refused to examine any, in regard M which was not in Court, and ●el ●o their old l●●● that they would examine no witness in the case till M which ●as able to come to Court in person, to give them further satisfaction, M. Ieffreys counsel affirming, that they would bring him to court upon Thursday seven night, which time the C●●●● was resolved to give them, unless the prisoner would bring him sooner; whereupon the prisoner again acquainted the Court with the condition of the said M, which, and how that he was not able to come, and proff●red to make oath that he had served him with the Summons of the Court, and done what he could to get him there, and therefore desired again that in case they must have his testimony, that two or three of the Iudges would come and examine him, which they again refused to do; then he earnestly desired that Mr. Latham the City-examiner, or one of the Masters of Chancery, might be permitted to examine him, which was likewise refused, then he desired an Order to bring him as he was, which was denied; whereupon the prisoner desired Mr. Norbury, being of his counsel, and two or three others, to go to Mr. which, to see whether it were possible by any means to get him to Court, where they found him very ill, lying upon his couch with a broken leg, and said he could not come neither in a coach, sedan, nor a chair, were it to gain five hundred pounds, further asking what the Court had to say to him, to which Mr. Norbury replied, that it was the resolution of the Court to hear what he could say, whether the debt upon which Edward Rumsey Esq lay in prison in the Fleet at his svit, was the proper debt of the said Edward or of his Brother; to which he replied, he had formerly answered that point by his answer in Chancery, to which answer he said he must refer himself were he now in Court, giving this for a reason, that when he swore that answer, the matter was more fresh in his memory then now it could be, all which he said after a good part of the same was openly red unto him, whereupon Mr. Norbury and other witnesses came again to the Court at Salters hall and acquainted them with all the passages, proffered to make oath 2, 3, or 4 witnesses of the truth thereof, he thereupon desired them to proceed to hear and determine the said cause, and to red the said answer, and to examine the prisoners witnesses, who had often attended them and sustained great charge, but the Court refused so to do, but put off the cause till Wednesday 23. of March, which time they said they would proceed to determine the same. 6, Vpon Wednesday all parties appeared again, at which time Mr. Starkie, being of council for the p isoner, faithfully, ingenuously, and modestly, opened the prisoners case, by which he endeavoured to satis●●e the Court which was very hondsomly seconded by honest Mr. Collins, but finding they were not or r●r●●h●r would not seem to be satisfied of the truth of the point, which all the by-st●nd●rs were; he proffered them further testimo●y of wit●●sses which Mr, Ieffreys counsel and some of his frie●●s upon the Bench did not a little oppose to be sworn but at length with some difficulty there was five witnesses more publiclky sworn, viz. Mr. joseph Hawkins, who swore point-blanck that Mr. Rumsey the Grocer had the currence in the year 48. from M. james which, to the value of about 600 l. and that the same was brought into his warehouse in Belyard, and that he being then his Cash-keeper, did sel and dispose of the said Currence, and out of the price thereof bought Tobacco for the use of the said Rumsey the Grocer: And further said, that M. Rumsey the Prisoner was bound for the said Currence, and that the said M. which came to him to demand the said moneys, as the debt of the said Grocer. Next to him M. Richard Clayton was sworn and examined, who testified, that M. James which did in the year 1648. acquaint him that M. Rumsey the Grocer had contracted with him for a parcel of Currence, amounting to the value of 6. or 700 l. and that he proposed unto him M. Rumsey the Prisoner, and M. Lionel G●lson, as Sureties for the said Currence, and inquired of him the said Clayton of the estates and abilities of the said Rumsey the prisoner, and the said Gelson, who made answer, that he conceived them to be very able and sufficient security,& shortly after heard they were accepted of, and that the said M. Rumsey the Grocer had the Currence, and disposed thereof. Next to him was sworn and examined one M. Thomas Prichard, who had formerly been servant to the prisoner, who swore, that he heretofore, viz. in the year 48. having heard that Mr. Rumsey the Grocer did intend to get his brother Rumsey the prisoner to enter into bonds, and to engage for payment of so great a sum of moneys for the said Currence, he did what he could to dissuade the prisoner from entering thereto. But Mr. Rumsey the prisoner answered him, that he had but one brother, and that he could not find in his heart to let him fail, for want of his brotherly love& assistance, or words to that purpose; and shortly after confessed to him he had entered into the said bonds to the said Mr. which, and he verily believes the said Mr Rumsey the prisoner lies now in the Fleet upon some of these bonds; but notwithstanding this proof, and though the prisoner proffered, that if any would prove that he had ever any other dealings with him the said which, or ever entered into any bonds to the said which upon any other account, he would be concluded from further relief; yet one of the said Judges, which shal be nameless, though not blameless, being a pregnant Orator, would fain have made the Court believe that, and many other things, started and broached by himself, who pleaded while he was in Court more than any council, and maintained the cause with so much earnestness both against the prisoner, his Counsel, and his Witnesses, and especially against Mr. Starkie, who for answering him the truth of the Clients cause, was by him cruelly checked and commanded to hold his peace, and told he was a rude person, and an uncivil fellow, only for contradicting an untruth of his, besides divers unhandsome( if not most partial) passages both towards the prisoner, and his Witnesses, 〈◇〉 unbeseeming a man in Authority, much less a judge, as he then was; but this was nothing with him, for he, when he observed a cause wherein he was concerned, or when one of his two brother● had a good fee,( the one practising as a solicitor, and the other as a council, though never called to the bar) did not go as he would have it, would usually rise out of his place and whisper into the ears of all or most of the Iudges in Court; and last of all would go and sit by the clerk as he did in in the case of Mr. Ewers aformentioned, and others, till he had made it go as he pleased; and when he had carried the cause he came to court for, away he was gon and would scarce stay to sign any orders, and would not appear again scarce once in a week, till he had the like occasion, and then he would bring his party with him, and is not this good salt Quere, whose son he is, and then you will see he was so fleshed in his infancy and found such sweet blood in the prisoners veins that he could never since leave sucking the same, more rhan a masty dog or a wolf that had once found the way to kill sheep this is he that said he did not doubt to make his place worth 1000l. to him before he had done with it if he be not much belied by some of his nearest relations,& that said another time publicly in Salters hall, he had ●ow found the knack of the Judges meaning, a Writ of Habeas Corpus, which Judge Atkins had legally granted to Sir Thomas Dacre Knight, prisoner in the Fleet, for his going abroad, which Wr●t he this learned judge woulds needs declare to be in Fraudem legis, against& contrary to Law, and that the Knights going abroad, upon the same was an obsolute escape, yet his moderation and great discretion was such that he declared his conscience and Iudgment upon the case, so that the warden of the Fleet should not pay for the escape, nor yet the prisoner nor his bail, but that in all reason and equity the judge who granted the said writ should pay for it, in good time good Sir; You speak like yourself, you can better reach your Granname to eat pap, then teach so worthy and reverend a judge to know what is Law; but we were like to have a fine time when such men as you should prescribe law to such whose boo●s you a●e not worthy to carry,& control their doings; but w● cry you ●ercy in one thing, we must confe●● you were wiser, than we thought for, for it seems you have a spirit of Proph●sie, for you then said, you knew you should hear of it, and so le●st you should be a ●al●e prophet, as many of your judgments& principles are, we tel you first of it, and we believe you did little think to hear of it so ●oon, and in such a manner, for it is not forgotten that such kn●c●s did help to breed you up. We pray Sir tell us, were these words seasoned with salt, and were you so free from knack●, being a jailers son, as that you dare throw the first ston? we ●●o not; or else you would by this time have wished you had swallowed rather than spake them, if you be not clothed with too much pride and impudence, as indeed you are, having spent so much time to know others, that yond hardly know yourself, and you may learn the old Rule Nosce te ipsum, one passage more we must not forget to insert in this case, which is, that one of the said Ieffreys council against the prisoner, did upon the third day of canvasing the business, confess in Court, that he was ashamed of his clients cause, and that he had no more to say therein, yet he and another young Whipster( we dare not yet call B●r●ister, though he took as great fees as any) being a Chip of the old block, had not so much honesty as to refuse money ro maintain an ill cause, to the great delay of Justice▪ the dishonour of the Court, and pr●judice of the prisoner, whose cause was nearer ●n end the second day of hearing, than the last. Now we Prisoners do conceive this to be but unsavoury sa●●, and that many of us will have but an ill savour if we be kept long in prison, and have no better salt cast on us, delays being grievous to any, much more to men in our condition, who could not believe that such men as these could do such things, for we heard and we did believe we had got some of Jethroes Iudges, men that feared God, and hated covetousness; but never prisoners so deceived ( sic Notus ulisses?) But yet we hear some object, that it is impossible that these things should be, or that they should prove so bad being men chosen mearly far their honesty and inclination to Iustice; for the world knows that it was neither their parts, birth or pacentage, nor high education, nor qualification, nor transcendent knowledge in the Law, that caused them to be so looked upon, and to be taken out of their shops to sit upon the throne of Iustice, but we must answer we know it by woeful experience, too possible, and that they were rather worse than any thing better then is here declared, we mean the constant sitters; who we fear had learnt to drive a trade there, and were thought to gain more there, than in there shops, and were suspected by some of the most ingenious of their own associates, who avoided them, and were ashamed of them because of their irregular courses, who we conceive now have as much cause to bless God that they are prevented, as David had when he met with Abigal, Naboths Wife, for preventing so much oppression and injustice, and the cries of the oppressed, which would shortly have pierced the heavens, and would have brought shane, if not destruction, openly against them, Qui non vetat cum potest jubet. And if they are not ashamed of these things, others were,& so declared themselves in open Court; for the corruptest Courts that ever were never learnt more juggling, nor more shifts and delays than they had learnt for their time, the remedy that divers persons found amongst them being worse than the disease, some having spent as much in seeing Lawyers from time to time, and fetching witnesses out of the country, and maintaining them in town, as would have maintained them a twelve month in prison, and yet never the better; whereas these men had they been rightly minded, might have done much good, and relieved many a distressed Family, having power to hear and determine those suits and grievances between Prisoner and Creditor, in a short and summary way, which have held hundreds of prisoners six or seven yeers in prison, and in Chancery suits, and may hold them as long again, unless wisely prevented; but it seems these things were hide from their eyes, the way of truth and justice they having not known, or at least not regarded, which was the greater evil: For they that know how to do the will of God, and do it not shall be beaten with many stripes, and we have great cause to fear that all their gross partiality did not proceed out of ignorance, but rather out of avarice, or mal●cious wilfulness, for they were sufficiently told of the sad and heavy pressures, and the wrongs we suffered from the gaolers and Creditors, both by our Counsel and by divers of ourselves; but yet like the deaf Adder, they stopped their ears, let the Charmer charm never so wisely, yea they turned a deaf ear to all our just complaints, and regarded not our cries, but were altogether for the rich Creditors, doing for them what their hearts desired, yea more than in reason, justice, or equi●y could be desired, that which was feeble, being nothing worth with them, whose power and strength was the Law of unrighteousness, if we may judge of the three by the fruit it bears, for in all this time they did never regulate the extortions, nor abuses of any prison, but left the prisoners to their merciless cruelties; are not these godly Iudges? We should not have been so large in these things, but that these men would fain colour all these things under a show of sanctity, whereas Simulata sanctitas est duplex iniquitas, we are sure such practices( if not such persons) cause the way of truth to be ill spoken of, and therefore according to the Apostles rule, we desire to reprove those openly, who have sinned so openly, and with-held the truth in unrighteousness, and that so openly before Israel, and before the Sun( for we did not hazard our lives, fortunes, and families for such a Reformation) which we hereby declare, that Israel a●d all the Judges thereof, may hear and fear, and do no more such wickedness, which if they shall, they may instead of a reproof, deserve little less then to have their ski●s p●l●'d over their ears, and to have their seats lined therewith, as men of such corrupt ●indes were formerly used in such times, when the light of the Gospel sh●ned not half so cle●r as now it doth, and when the Laws of our Land and ●●e Liberty of the Free born people of this Nation▪ had not cost half so 〈◇〉 blood and treasure as now it hath: L●●●●n therefore 〈◇〉 c●●●r ●,( if it were no more but what be●el some great ones before you) to be wise, O ye Kings, and to be learned, ye Iudges of the Earth; for we English men cannot well ●isgest these things at the hands of our equals or inferio●s, for i● is a matter of no small moment nor danger, when u●ju● persons ●re in power, and that in a time wherein so much j●s i●e 〈◇〉 righteousness is promised and expected, and as we hope and doubt not, ●●●●nd●d by our Protector and Governors, who highly ●●●m to affect honor and justice, else such care would not be taken, as of la●● hath been, to find out men so fit for distribution of justice, and the work of the Magistracy and Ministry; yet you sit under their noses here at Salters-Hall, and b●ush not to do such things as these which have been spoken, yea more, when you please you can reverse, recall and nullify Decrees of Chancery under the Great Seal of England, as you did in the case of Mr. Reamon, and others, and yet in other cases far more equitable, you shal aclowledge Decrees of Chancery to be above your power, a●d have refused to relieve Mr. Walter Ward, Mr. Plucknet, Mr. Worsley, and many others, which now to name were too tedious: yea, you have refused eo relieve some prisoners upon bare contempt, though a long time unjustly imprisoned, witness Mr●. Dorothy Hinton, who for not giving her testimony in a Cause, though she proffered before you to go presently to be examined, all the remedy you granted her, was to sand her back to prison, wishing you had power to make her pay Costs. Now you were out in one of both, either it was within your power or it was not; if it was not, why did you at all in any case usurp power? but if it was, why did not you more impartially administer the same to all that sought it? come, your fountain is corrupt, and is too much obstructed therewith, when you please, ( Huic habeo non tibi;) is this good salt? Fough, we smell it too far, it hath quiter lost his savour, and is good for nothing, but to be thrown out; and trod underfoot, ●or you see i● is not a fr●ilty in the Case of one two and 3 for that we could have born with, but you are so used to that trading that you ma●e a trade of it, and we fear you are so accustomend to do evil that you know not how to do well, having done the utmost that in you say to ruin us all, else why did you remand such back again to prison, who were kept in for debts formerly satisfied, and by that means disable them to pay the debts they justly owed; but to the end, you might make them Bankrupts so have their whole estates within their power. Having now ended with the Judges, who for these reasons we hope will be no longer continued, we shall offer these ensuing reasons and exceptions against the Act itself, by which the illegality thereof may sufficiently appear, hoping that our Legislators will avoid those rocks and prevent those evils in the next. Acts of Parliament against Common right or reason, or repugnant or impossible to be performed, the Common Law shall control and judge such Acts to be voided. The Act entitled, An Act for Relief of C●editors and poor prisoners is an Act against common right and reason Repugnant, and in some things impossible to be performed. Dr. Bonhams Case, Cocks 8 part, fol. 118. 1. It is against common right and reason that Artificers, and tradesman should be Judges of the Law, an Act of Parliament cannot make an Artist, it is study time and industry that gives knowledge in Laws and in Arts. 2. For the same persons to be both Judges, and Jurors in the same case and matter. 3. For Judges to share of the prise of the thing they are to judge, and determine. 4. It is against common right& reason for Judges not to be sworn to do equal justice. 5. For Judges to have unlimited power and Arbitrary. 6. That there should be a cesser of the ordinary Courts of Justice in the intervals of Parliament in causes concerning partees and parties in case of escapes and civil causes. 7. That such power should be in three persons to do what they please unquestionable, but in Parliament. 8 Th●t the power of the reverend Judges of the Laws should be excluded to give relief in cases and matters of escapes and debts within that Act. 9. That judgements at the Law should otherwise be reversed or nulled but according to the Laws of the land. 10. That trials of fact should be a summary way, and not by Jurors which is the birthright of the people of the Nation. 11. It is against common right and reason for a man to be made a Bankrupt without any Act, or default of his own onely definitively by a positive Act of Relation. 12. It is against common right and reason that the punishment or fine should be disproportionable to the offence or breach of trust or concealment of any estate in trust or Trustee to be more penal then felony or treason. It is an Act Repugnant. Any three of the said persons nominated are made Judges to here and determine matters of escapes, matters of debt, and the causes of the persons in the said Act specified& impowred to fine for breach of trust●,( Stat. Magnu Charta, ch. 24.) and concealment of trusted estates, imprisoned, set at liberty, compound debts, remand to prison adjudge men to the Pillory, house of Correction, work house, to grant Lease or sell the estates of the persons in the Act mentioned, and yet no Court of Record to fine or imprison, they have no constituted seal, no power or authority to grant process, writ or Warrants, and yet make summons by force of Warrants under their own hands and seals, they are Judges by the words of the Act; but no Court, nor do they admit of any legal form of proceedings, or of any pleading or Abatement to the Demand, nor Plea to the Jurisdiction, no exception, disablement of the person complaining: no Plea to the heir 'gainst the Demand of the debt of his Ancestor, nor Plea for the Executors; no wager of law in discharge of the debt demanded by the same upon account, and without specially, their orders and proceedings are no records nor pleadable, nor evidence in any Court of Law or Equity. 2. They Act as Judges and Jurors, and yet no Writ of Error, nor Writ of Accedas ad Curiam, nor no Writ of false judgement lies to question their judgement, to challenge them as Jurors, nor attaint for false verdict. 3. They are by the words of the Act to act to all intents and purposes, as any commissioners of Bankrupts, by virtue of any commission upon any the Stat. of Bankrupts, and yet they are to act without any Commission to act upon, out of the high Court of Chancery, under the great Seal, which is to warrant the Commissioners to act upon the Stat. 13. Eli. 15. and 21. Jac. without which they cannot act nor award summons. And Commission proceedings are traversable at Law, and the Commission suspendable in Chancery. 4. It is repugnant in this, that one part of the said Act holds forth a limited power, and by another part of the said Act the said Judges are not to be questioned, molested, or respontible for all their actings in pursuance of the said Act, but to the Parliament onely, 5. It is repugnant to the power of the supreme Magistrate, who ought to have no superior. 6. It is Repugnant, in that the said Judges may sell the estates of dead men prisoners, as fully as the said prisoner himself might have done: whereas death abates all suits, and determines all proper interest, and then the rule of Law doth attach. Posito, A prisoner is indebted in Fee, dies without heir, the Lord shall have the land by Escheat, the signory is more ancient then the debt contracted, the Law preserves the Lords title. Posito, the prisoner was tenant in tail, and died without issue, the Donor shall have the land by reverter, and the Judges cannot sell; for the Stat. W. 2. de donis, preserve the title of the Donor, so in case of a remainder in tail, W. W. 2. de donis. 7. It is repugnant in that the Act in the scope and body is intended for relief of Creditors against such as are prisoners, and do not pay their debts by a certain time remited, and so become Bankrupts, and by a provision in the said Act the estates of strangers, that are neither prisoners nor Bankrupts, may be sold by the said Judges, if indebted to such persons. 8. It is repugnant that perjury should be punished without indictment or information, which this Act gives power to the Judges to do, thereby taking from the person his legal defence, This Act is impossible to be performed. In the very scope and body of the Act, for that it makes the prisoner a Bankrupt from the time of his first Commitment, and contract of the debt, if he pay not his debts before April, 1654, and yet makes all sales by the prisoner of his lands after October before to be voided, and the Stat. takes place from the 5th of October 1653. Now let all ingenious men tell us whether it was not time, for prisoners whose all lay at stake, to complain against such an Act, and against all such Judges, and to seek relief,& whether it be the part of any honest men to oppose or hinder their just relief, but rather as Christians& free-born English men to further the same; for not onely we that are now prisoners and our posterities, had been destroyed, but after us most of the Nobility& Gentry of England, besides the laws and liberties of us who are free-born English men, were in great danger to be lost, by suffering such invasion and intrusion contrary to our great Charter the Petition of Right, and many wholesome Laws of this Nation, which by this one was ready to be swallowed. And having done with this, we shall in the next place after a summary of our just desires, which being hearkned to, and duly considered of, may with Gods blessing, prove a means to restore us unto our former Liberties, and prevent the ruin of us& ours, and of many thousands that must have followed us, as being in the same predicament, though not yet in prison, and yet propose a way by which Creditors may soon have their just debts, as by what follows may appear. A Summary of the desires of all honest prisoners that are desirous to pay their just debts, as the same was presented by Captain Roger Prichard to his Highnesse council, on the prisoners behalf, and also to Judge Atkins, and Baron Thorp,& Mr. Attor●y Prideaux, to whom it was referred by the council, who desire that as many of them as shall be thought fit, may be inserted in the new Ordinance. 1. That the late Act for the relief of Creditors and poor prisoners, be absolutely nulled and repealed, or set aside for the incompetence of the Judges, and sundry inconveniences thereof, and that care be taken to elect fitter men in the new, and that no inroad be made therein, contrary to the ancient and known laws of the land, the benefit whereof the prisoners claims as his birthright, as well as others. 2. That the badge and brand of Bankrupt be omitted in the new Ordinance, unless it be upon such as were adjudged Bankrupts, by former Statutes, and that there be a course to make all men pay their debts as well as prisoners. 3. That 6 months time be also thetein allowed prisoners at least, to seek out their own chapmen with liberty in the mean time, especially to all such as shall find sufficient security, to the jailer or some Iudges of record to pay their debts, for which they stand charged in execution, or to return to prison at six moneths end. 4. That prisoners for contempt have the same liberty, giving security to stand to the next hearing, if upon decrees, but if for not answering, or refusing to be examined then upon security, to answer or to be examined within that time, or to return at 6 moneths end to prison, there to remain till they shall answer or be examined or perform the decree, this is desired because many are surprised& brought into prison unjustly upon this account. 5. That poor prisoners be forthwith discharged upon their Oaths, especially such as shall find security to return again at 6 months end, during which time the Creditor may inquire of their estates, and secure the same, if any be found and have the same among them, and then to be quiter discharged, unless they forswore themselves till they shall get estates. 6. That Out-lawries be not pleaded against prisoners for debt, and that they may be discharged of course putting in Bail to answer the svit. 7. That where prisoners whole estate is to be sold, a 4 or 5 part be preserved for wife and children, it being Haberdashers-Halls mercy, and that none be sold under 20 years purchase. 8. That creditors have not their full executions from prisoners but their principal debt rightly stated with moderate interest, viz. 2 l. per cent at the most from 42 till 48 there being but 3 per cent adjudged by the Lords Commissioners in Mal●ve●r and Woolridg case, and others who were at liberty, to make the best of their own; which prisoners nor such whose estates was under sequestration could not do, and therefore would be considered. 9. That prisoners Mortgages and encumbrances be redeemed at moderate interest as aforesaid,& that mean profits perquists wastes and spoils be discounted. 10. That Prisoners may have the like speedy remeddy against th●r debttors as their creditors have against them, that so the prisoner may pay his Creditor, and may also have some speedy way for recovery of their estates, from such who withhold the same from them, in regard they are not able to maintain long and tedious suits. 11. That prisoners who are as Sureties for others, may have some speedy and effectual course against their principals, as their Creditors have against them, and also against such as withhold their principals estate, by fraud, trust, or otherwise. 12. That Prisoners suffering unjustly and causelessly, either for debts formerly satisfied or Judgments surreptitiously obtained, or where lands are extended for the same debt, or by any other trick or quirks of their adversaries or others their attorneys, Solicitors, and Agents, may be discharged with ample damages, either from the Adversary or Attorney, as well as for not declaring. 13. That the clause of Appeals onely to the Parliament be left out, and that the Judges may be sworn, and their salary appointed some other way. 14. That all abuses and extortive fees of prisons be rect●fied and that Judges for the future, may have power to proceed against those that stay longer than six moneth●, as they have now against the present prisoners. 15. That some distinction be had between prisoners, viz. between rich and poor principal or surety childless, or having many children wait by the hand of God or their own luxury or pro ligality, as also of such who have laid out or lost their estates for the Parliament, who ought to be one way or other requi●ed, and not suffered to perish in prison. Come then by these or the like works of mercy and justice, and return to the Lord, and seek him, who though he hath smitten us, will yet heal us, though he hath broken us will yet make us whole, if we break off our sins by repentance, and practise the contrary good. We talk high of a glorious Reformation, but where is it, till such things as these be done, till we judge the cause of the fatherless and the widow, and relieve the oppressed Captives, we do but Pharisee-like, wash the outside of the cup, and leave the weightier things undone, viz mercy, justice, righteousness, which is more acceptable to heaven then sacrifice; for without these things all our sacrifice or fast or reformation will prove abominable: Yea then which turn righteousness into Wormwood, and leave of righteousness in the earth, Amos 6.7. Ye that put away the evil day, and cause the seat of violence to come near, cease to do evil, and learn to do well; how long will ye strive with your m●ker, we beseech you by the mercies of God, who yet vouchsafeth you time, means, and opportunity to perform all your vows and promises: now at length to give off, and come in, and put on you bowels of mercy and compassion, by putting on you the Lord Jesus Christ, and no further to make provision for the fl●sh, to fulfil the Lusts thereof; forsake your old and accustomend way and m●xime, cives, cives, querenda pecunia prim●m, virtus post nummos; for what fruit have you of those things, whereof you are or justly may be ashamed; But the fruits of his spirit are love, joy, peace, long-suffering, gentleness, goodness, patience: learn therefore to do justly, to love mercy, and to walk humbly with God, Esay 58. to l●sen the bands of wickedness, to take off the heavy burdens and let the oppressed go free, for with these things God is well pleased; these things shal cause the light to break forth as the morning, these things are approved of and accepted of man, remember that the memory of the righteous is blessed; the earth shall sooner pass away, then the memory of the just shall perish, Vivit post funera virtus, gloria virtutis sola perennis erit, the name of being a just man, is better then a rich man, for it shal be had in everlasting remembrance, Ps. 112 6. when on the other side the unjust and wicked mans name shall with his body die and rot, Prov. 10.7. Ye more God shall destroy him for ever, he shall take him away, and pluck him out of his dwelling place, and root him out of the land of the living, Ps. 52.5 and he shall depart into Hell, to be tormented for ever, If all this will not deter thee go on at thy peril, as the holy Ghost saith, let him that is filthy be filthy stil, we are free from thy blood, and can but bewail thy folly. Thus having sufficiently reproved the merciless Creditors, and the wicked and unjust Judges of our times all whose reaches are at riches, and think every thing honest if it be but gainful, who like Caligula smell no difference between gold got by oppression, and that justly come, and also proposed a way to remedy these evils: now to conclude our prayer shall be from such a pack of Judges, and such another Act, good Lord deliver us, and direct those who sit at the stern in this their day to find out, and to do those things that tend to their and our peace and safety, and the welfare of this sinful Nation, which so much shaketh by reason the foundation is out of course, and grant they may bring glory to God and honour to themselves, by perfecting the good work they began, and so prove restorers of our Liberties, and repairers of our Breaches. SOLI DEO GLORIA.