To his Excellency the Lord General CROMWELL And to the rest of the Right Honourable the COUNCIL of STATE, PATRIOTS and DEFENDERS of the Common-Laws and Liberties of the Commonwealth of ENGLAND. The humble Petition of many thousands of Prisoners for Debt, in several Prisons of a●l the Counties of England and Wales, remonstrating the Illegallity of Arrests, Outlawries and Imprisonments for Debt, being the saddest Grievance, and of the most considerable concernment to all the free People of this Nation: Shows, THat by the Common Law of England the body could not be arrested, Mag. Cart. 29. imprisoned, or outlawed for debt or damages, either before or after judgement, nor the Lands taken in Execution, but the goods and chattels and the profits of the Debtors lands by two writs ordained for that purpose and still in force, viz. A Fieri facias of the goods and chattels only; and a Levari facies of the Corn and present profits that grew upon the lands. And the Reason of the Law, Cooks Instit. 2, part fo. 394. that the body in case of debt or damage should not be detained in Prison was that the Person should always be at liberty, not only to follow his own affairs and business, but also to serve the Commonwealth when need should require; nor the possession of the Lands in that case taken away, Sir. Will Herb. Case Cook lib. 3. for that would hinder the following of tillage, which is so beneficial to the Commonwealth, which Law continued inviolate for the space of 250. years after the Norman conquest, until the Statute of Westminster, the 2. Chap. 11. which first gave a Capias and Process of Outlawry against fugitives and fraudulent Accomptants only; And after the same Statute of Westminster, the 2. Chap. 18. gave an Elegit of the moiety of Lands, which was the first Act that made Lands subject to execution upon a Recognizance or Judgement. West. 2. cap. 11. West. 2. cap. 18. 25. Ed 3▪ cap. 17. That afterwards by the Statute of 25. Ed. 3. chap. 17. It was accorded that such process should be made in a Writ of Debt and detinue of chattels, as was then used in a writ of account, which was indeed a short but a very sharp and cruel law; yet it is to be observed that such punishment was not given in debt as in account by that Law. That those Laws were afterwards repealed by the general Statute of 42. 42. Ed. 3. cap. 1 Cooks Instit. 2. part. 23. 85 42. of Ed ●. Ed. 3. which in judgement of law declared all former or subsequent Statutes (made against the great Charter) to be void and holden for none. That notwithstanding this Golden Law which restored the People's Liberty to the full again, yet that short interval of time betwixt the said 25. and the 42. of the same King Ed. 3. (being not above 18. years,) had so bewitched their minds, and captivated the judgements of such officers and persons as received profit by imprisoned or bailed debtors, as Sheriffs, Bailiffs, Sergeants at Mace, Attorneys, Solicitors and other Officers and Attendants in Cities, and Towns Corporate in several Offices (which were newly created and erected in those times) with the gain that proceeded by the Fees of Writs, bail, Outlawries, and other numerous ways extorted from the persons arrested, outlawed, and imprisoned or bailed for debt▪ that never since could that evil Spirit be cast out of the generation of such Craftsmen and Persons, (otherwise eminently learned in the Law,) that for lucre sake, after the repeal of those aforesaid cruel Iron-Laws, the evil and unlawful practice of the same unto this day continued against all Persons, but the Peers of the Land. And either by misconstruction or inadvertancy of the true and genuine sense of the Common-Law itself; And of the said general Statute of 42. Ed. 3. and contrary to thirty Acts of Parliament since made in affirmance of the Great Charter of the Liberties of the people of England, the same evil use of Arrests, Outlawries and Imprisonmeut for debt, and other civil causes, and the extent of lands by Elegit continues to this very day, to the utter ruin of the persons and estates of the freeborn people of England, Quo jure, Quavae injurae; We humbly submit to your Excellencies and your Counsels better judgement. For redress whereof, 13. Ed 1. 25. Ed. 3. and in respect that all subsequent Statutes whatsoever made to enthrall the person by arrests and Outlary, have relation unto the said repealed and void Acts of the 13th. of Ed. the first, and of the 25. Ed. 3. and they must by all reason be as void as these Acts to which they are related; And for that there is no positive Statute-Law in force at this day for the continuing of the Capias and Exigent against the Persons in debt, and merely Civil causes, since the Repeal of the said Laws, 42. Ed. 3. by force of the 42th. year of the same Ed. 3. May it please your Excellency, and the rest of your Honourable Council considering the Illegallity of arrests, outlaries and extents, as well for the common good of all the Freeborn People of this Nation. As for the poor Prisoners cause; that the ancient liberty of the person may be restored, and vindicated by your Justice from the Tyranny of those Laws and Times which imposed the said yoke of Imprisonment and Outlary upon the People in civil causes. And that the ancient and laudable forms for recovering of just debts may be by Original Writs out of the Chancery, and for not-appearing a Distress infinite; which course is more beneficial far to the Commonwealth in general, and more remedial to the Plaintiff in particular then either the Bill of Middlesex, Latitat, Clausum fregie, or Capias Vtlegatum can be; and also that all judicial writs may be executed upon the Defendants lands and goods, by the Levari facias and Fieri facias, and not by Extent upon the Elegit, or Capias ad satisficiendum upon the body; as the modern practice is in destruction of the Defendant, all debts and damages recovered, being most properly, and by Intendment of the Common Law, to be levied upon the profits of the lands and goods and chattels only, and not upon the Person. And that all Prisoners for debt whatsoever may be discharged of their imprisonment, and the Creditors left to resort to the Debtors lands and goods for satisfection of their just debts, by judicial, and no new Arbitrary proceed (now in attempt) against the Free People of this Nation by malevolent Creditors, and oppressing Usurers, in Opposito of the ancient way, and true legal forms of Justice. So will the Common laws revive and flourish, the multiplicity of vexatious Suits be abated, tillage and Trading advanced, the estates of all persons preserved to their Families and Posterity; malice and envy taken away, oppression and wrong repressed, peace and love established in this Nation, (which is manifestly intended, and aimed at by your Excellencies late Declaration) And your Excellencies good name for so Pious and admirable a Piece of Justice be recommended with Honour, to the present and future freeborn People of England. The Petitioners further humbly beseeching your Excellency and Honourable Council, that they may be admitted by themselves or Agents (in case of opposition or obstruction) to exhibit additionals in defence and maintenance of their desires. And that your Excellency and Council, will be graciously pleased in the mean time (until the said Errors and evil customs now in ure, can be reversed and reform by the new Representative) to permit all Prisoners in Execution in the Fleet, or else where, to go abroad by Baston, to follow their business, (as until the Statute of the first of Rich. 2. was accustomed, constantly after the Stat. of 25. Ed. 3.) Or otherwise to have their Writs of Habeas Corpus gtanted them Gratis, 1. Rich. 2, 25. Ed. 3. out of any the four Courts of Westminster, without contradiction of their Creditors or any of them. And as in all Duty bound, your Petitioners shall ever pray, etc. Signed by Sir William Smith K. in the behalf of himself, and the Prisoners aforesaid.