To the right Honourable Sir THOMAS FAIRFAX K. (His Excellency) General of all the Forces raised for the regaining of England's Liberty; the Honourable the Commanders in chief, and others the Commanders and Soldiers of the pious and victorious Army; Now appearing (as England's Champions) for the maintenance of God's honour, and this their native Country's just Liberty, Peace, and Tranquillity. The humble Petition of all the enslaved Christians in the several Slaughter-house so, this Kingdom (called Gaols and Prisons) being your Brethren & Fellow-Common of England (conceived to be about 10000 in number) imprisoned for Debt, and by Arbitrary Power, and other illegal restraints, contrary to the I awe of God, and all other Nations both Christian and Pagan, and flatly against the Contents of the great Charter of England's Liberty, formerly purchased, and now again regained by the blood of many thousands of the Commons of England. In all humility complaining, Sheweth, THat by the ancient and fundamental common Laws of England a Mirror of Justice cha. 5. Int. 1. num. 57 declared and asserted by the great Charter of our Liberties b 9 of Hen. 3. cha, 8. Magna Charta, no man's person was to be Imprisoned for Debt, nor his Sureties to be troubled, if the principal Debtor were able to pay: But their Estates only made liable (in the two third parts thereof) to satisfy the Debt: Which Statute being the inexpugnable fortress of England's Freedom, Hath not only been 32. times confirmed by several Acts of Parliament, in former Kings reigns, c Cooks Instit. 4 part P. 35. Anno 3. Caro. Anno 17. Caroli but also hath been since ratified by our Sovereign Lord King Charles, both by the Petition of Right, 3ᵒ Car. and by Act passed by his Majesty's royal assent this present Parliament (Anno 17. Caroli.) Against which Charter, All Statutes and Judgements formerly made or given, or hereafter to be made or given, are d 28 of Ed. 1. c. 1. 42 Ed. 3. cha, 1. by several Acts declared to be null and void: e Fleta p. 1. c. 26. Bracton P. 3. fol. 105. & 137. Britton c. 5. so. 14. Mirror c. 2. sect. 9 also c. 5 sect. 1. 8 Ed. 2. Fits Coron. 432. 7 Edw. 3. BR. rot. 44.24 Herald 8 Di●r 249. P●e Com. 360. Cook l. 3. foe 44 lib. 8. fo. 100 vox plebis P. 55, 56, 57 Oppressed man's Oppression P. 2, 3, 4. And that neither those that are imprisoned for Debt at the King's suit only, nor any others committed for Treason, Felony, Murder, or Trespass, before conviction or attainder, aught to be put into Irons, or otherwise to be punished, but only to be safely kept; Prisons being only for custody and not for punishment to the Prisoners. f Mirror c 4. sect. 9 And whereas by the said common Laws of England, Gaolers that detain their Prisoners in Prison, by colour of right for their fees until they die, or cause their Prisoners to perish by famine, beating or wounding, by hard usage, strict or close Duress, or by putting them into Irons or Dungeons which procure their death, are guilty of Homicide or Manslaughter. That by the said Laws, Gaolers or Guardians of Prisons are prohibited to spoil their Prisoners of their goods, or to take any thing from them, for, by, or under any pretence of Fees, either at their coming into the Prison or going out g Mirror c. 5. sect. 1. Mirror 52, 53. : And whereas likewise, all manner of Extortions, Oppressions and illegal vexation of Sheriffs, Gaolers, and Prison-Keepers, exercised and practised upon their Prisoners, is strictly prohibited and defended by divers good and wholesome Laws and Statutes of this Realm h 4 Ed. 3. c. 10 23 Herald 6. c. 10. 3 Ed. 1. c. 26. 25 Ed. 3 c. 17. Liberty against slavery so. 4, 5, 7. : And Gaolers and Guardians of Prisons (and Sheriffs) are to take nothing for the execution of their offices, but only of the King, except 4 pence to be required and taken of the Prisoner at the time of his discharge and not before, conferred on them by the Statute of the 23. of Henry 6. chap. 10. That contrary to these good Statutes (and the great Charter of England's Liberty) the persons of the free-commons of England are still most unjustly and cruelly (for an unlimited time) enslaved in the several Gaols and Prisons, and thereby inhumanly rob of their just and precious Liberties, Estates and Callings, whereby they, their wives and children are exposed to the cruel wills of their Oppressors, and so become the very spectacle of misery; not pitied by any, nor hitherto by the State regarded nor relieved: Notwithstanding their many several Petitions (for these 6 years passed) presented to them for Release from this Egyptian bondage. That in pursuance of their uncontroubled inhuman cruelties, Gaolers and Prison-keepers have and daily do enforce from Prisoners their goods and moneys, illegal fees and excessive Chamber-rent; viz. Fees of a Mark, five Mark, five pound, and ten pound, and for Chamber-Rent from each Prisoner no less than 5 s. 8 s. 10 s. yea from some 20 s. a week, and in the Common Wards, where nothing of Right aught to be by them required or taken; they exact from each poor prisoner (although too lodged in one bed) no less than 14. pence a week, besides divers others unexpressible exactions. That many hundreds of prisoners have been (as some still are) by Gaolers and Prison-keepers and their hellish Substitutes close imprisoned in Chambers and Dungeons, for divers days, months and years, assaulted, beaten, wounded, rob, and violently at midnight dragged out of their own beds and lodged on the cold bare ground; Tormented and decrepit by Iron Fetters, starved and violently murdered; yea, some kept in Irons (hands and feet) till their Excrements coming from their body rotten their fundaments; Others being by their creditors discharged, are notwithstanding by Gaolers detained in Prison merely for their own unjust exacting fees, where many have thus miserably perished: And also usually comi●ing Felons & Murderers with Debtors, contrary to the Statute of safety. Thus Prisons are none other than places of Torment, ruin, and destruction to the Commons of England; and Gaolers and Prison-Keepers none other then torments and lawless executioners of their own cruel wills, who, although complained of, yet the Prisoners just complaints are not heard, but they still suffered to persist in these their cruel illegal courses, and like vipers sucking the vital blood of the poor Prisoners, and defrauding them of their Legacies and Collection moneys gathered in every County of this Realm, and Courts of Justice for their relief, they murder the poor innocent, to whom they deny the privilege which is by them daily afforded unto Felons. The premises justly weighed, and for that Imprisonment of the body for 10, 20, 30, or 40. years, discounts not one penny of Debt to the Creditor, but only for a time brings the Grist of wicked gain to the Lawyers and Attorney's covetous mills of ungodly contention, with inevitable ruin to the Debtor, his wife, children and family; Lawyers, Attorneys and Gaolers being none other then poor, distressed, enslaved England's Canker-worms, and devouring Caterpillars of men's Estates, Liberties and lives. The Law of England being a Law of mercy and preservation to the people, and not a law of Tyranny, Oppression and Destruction, as hitherto it hath been and still is 〈◊〉; By which law the the two third parts only of the Debtors Estate is made liable to the satisfaction of his just Debts, the rest being reserved to the Debtor for his future subsistence and education of his children, and the persons acquitted from future trouble for the same. Your poor distressed and unjustly enslaved Petitioners do therefore humble beseech you (in the bowels of compassion) to commiserate this their grievous unlimited oppressive condition of being; and according to the rules of justice and charity (and the pious sensibility of your unjustly enslaved brethren's misery) to be pleased, amongst other your weighty and humble Addresses to the high and honourable Court of Parliament, to present these our grievances & just requests with desire, That according to the fundamental Laws of the land, the persons of all the Commons of England may be restored to their ancient, legal and just Liberties (as at the first); and that the current of Justice may be freely opened to all; That so the poor Commons of England may not still be enforced (by mercenary Lawyers and contentious Attorneys) to buy Justice for the corrupt price of iniquity; nor at such high rates as hitherto they have been enforced to do, to the utter ruin of their Estates, Houses, and Families: Your Petitioners not being able to acquit themselves from this inhuman slavery, by the abominable, unlimited, chargeable course of the law, practised by all the mercenary instruments of contention, in Pettifogging latin and Pedlar's French, by these supporters of contention; And also that Gaolers and Prison-Keepers may be regulated in their illegal, unlimited tyrannical power, potency, cruelty, and exactions, that so we and the posterity of this whole Nation being freed from this Egyptian bondage, may have just cause to eternize the memory of your Excellency and the rest of the honourable Commanders and pious Soldiery (truths faithful Champions) as of the true and faithful restorers of the ancient and just birthright, and liberty of the enslaved Commons of England: And your Petitioners, their wives, and children, and families (as bound] shall ever pray for a blessing on your faithful endeavours, and for the speedy successes of this bleeding Kingdoms cause by you taken in hand, to God's glory and England's Peace and Tranquillity. Subscribed for themselves, and all others their imprisoned and un justly instaved brethren and fellow-Commons of England, By John Baynes. Rubine Cunningham. Richard Carter. John Robinson. Richard Raynolds. George Bishop. Richard Gardner. Richard Fletcher. Thomas Madgwicke. William Hayse. And I rebuked the Nobles and Rulers, saying, You exact usury every one of his brother, and I set a great Assembly against them; For I was very angry when I heard the cry [of the oppressed] and I said, Our flesh is as the flesh of our Brethren, our children as their children: and ●o we bring into bondage our sons and our daughters: And I said, It is not good, that which ye do; ought ye not to walk in the fear of our God, Nehemiah 5.5, 6, 7, 9? But ye have not proclaimed Liberty every one unto his neighbour, jer. 37.17. For if thy brother be waxen poor and fallen to decay, than thou shalt relieve him; yea though he be a stranger, that he may live with thee: Ye shall not oppress one another, Levit. 26.17.35. And ye shall do no unrighteousness in Judgement: But in righteousness shalt thou judge thy neighbour, Levit. 19.15. Jer. 9.5, 6, 8, 9 To the right Honourable the LORDS and COMMONS in PARLIAMENT assembled at Westminster. The humble Petition of divers well affected Commons of England, in the behalf of themselves and others their enslaved Fellow Commons, imprisoned for Debt and other illegat restraints, within the several Prisons in this Kingdom, conceived to be about 10000 in number (at the least) Complaining, Sheweth, THat these their fellow Commons Enslaved, having formerly, by several Petitions addressed themselves to this Honourable assembly, for their undeniable Birthright (which is their Liberty) and aquittance from this unlimited Imprisonment fastened on them, and us; And the posterity of this whole Nation, By the covetous Instruments of contention, through their unexpressible abuse of Magna Charta, which is the only Sure Contract and perpetual Law, between the King and his Subjects, In all which They nor We, have hitherto reaped any Redress According to our just Expectation: That in the 3. year of the King, The body of this Commonwealth being Sensible of many Sufferings. Occasioned by the breach of Magna Charta, The Lords and Commons then assembled in Parliament, Petitioned his Majesty for Confirmation thereof (Which Implies their consents to it) To which his Majesty then assented and since Confirmed (Which Implies an Act, and a legal confirmation) whereby we truly apprehend. That all Latter Statutes made in Contradiction thereof. Tending to the betraying of the Subjects Liberty (By enslaving their Persons) are absolutely become Null, and cannot now stand in force, as by the 42. of Ed. 3. c. 1. appeareth; For the lesser must needs give Place to this Greater. It having also been maintained in this Honourable assembly, That the Commons must be eased in their Persons from this Slavery of Imprisonment being a free born people and no Slaves nor villians, Imprisonment being flatly against Magna Charta, which is the only foundamental Mother Law of this Kingdom, 26 Edw. 3. c. 4. Purchased (and now again Regained) by the Blood of many thousands of our Ancestors, Friends and Allies. The premises Considered, and for that it is well known, that Imprisonment of the body for 10.20.30. or 40. years together, discounts not one penny Debt to the Creditor, but only (For a time) brings Grist to the Lawyers and Attorneys mills of Wicked contention, Gain to the Cruel-Gaoler and his Substitutes, with Inevitable Ruin to the Poor Debtor (his Wife, children, and Family) who by this Cruelty is Debarred of his precious Liberty; livelihood, and calling: your petitioners therefore humbly pray, that according to the pious Rule of Justice and Charity, and the fundamental Law of this Land, All the persons of the Commons of England may be Restored to their ancient Legal and just Liberty (as at the first) and the Current of Justice freely opened to all, which your Petitioners humbly Conceive cannot be truly Effected: so long as Lawyers and Attorneys (The Covetous Mercenary Instruments of contention) be permitted to sit in the House, who are Conceived to be the only Obstructors of Justice in this Kingdom. This being done, your Petitioners as also their unjustly Enslaved Brethren will then (as is hoped) be Enabled to partake of Justice Freely: and not still be Enforced (by Lawyers and Attorneys) to buy it for the Corrupt price of Iniquity, nor at such high Rates as hitherto they have done, to the utter Ruin of their Estates, Houses and Families: And that according to Magna Charta, the Debtors Estates, (if any Remaining) may be made Liable (In the two third parts thereof) to the satisfaction of their Just Debts, By which great Charter, a Charitable Consideration is had to the future Subsistence of the Debtors, their wives and children, and also that Prisons may be Regulated, and Prison keepers, abridged of their Illegal, unlimited, Tyrannical Power, Potency, and Exactions. That so we and all our Posterities being steed from this Egyptian bondage, may have Just cause to Eternize the memory of his Majesty, and of this Honourable assembly, as of the Restorers of their Ancient and Just Birthright and Liberty. To the Honourable the House of Commons in Parliament assembled. The humble Petition of divers well. affected Commons of England, in the behalf of their poor enslaved Brethren, languishing in several Prison, with●n this Kingdom. Most humbly showeth, THat this Honourable Assembly was pleased some 5. years since to hear the Petition of the poor prisoners for Debt, and to refer the fame to a Committee (whereof Henry Martin Esquire was then Chairman) for the drawing up of an Ordinance for their remedy and redress, which was done accordingly, But yet hitherto unhappily obstructed, whereby many poor Prisoners (their wives and children) for want of timely redress, have since perished, and many others are consumed and utterly disabled to subsist. Now for that the said Ordinance was long since resolved on, and by M. Martin brought into this Honourable House to be read; Yet there hitherto obstructed, so as the hearts of the oppressed (through this long delay) ready faint within them, their miseries being thereby augmented, and for that also, a great number, who have with all fidelity served the Parliament, and have not received their pay (Due) are at this present Imprisoned for their debts, which they can no ways satisfy until they have received their arrears for the said service, by which means many of them have perished, and the rest likely to perish miserably, and their families to be utterly ruined. Your poor Petitioners therefore in the bleeding sense of their (unjustly enslaved) brethren's extreme sufferings, do humbly pray; That ye the chosen, convened for their deliverance from oppression and injustice, and for the preservation of their just Rights and Liberties, will now (after so long time of their expectance (in durance and misery) be pleased forthwith to commiserate their deplorable estates, and according to your duty, the fundamental Law of the Land, and Petition of Right; seriously to consider the premises, and speedily according to justice, to assign unto every of them their just liberty & freedom, from this unjust bondage and slavery; They having long cried and none have regarded this their unjustly imposed miserable Thraldom; in which not only the present Petitioners, but the posterity of all the freeborn Commons of England are merely concerned; this being by you accomplished, than not only your Petitioners, but future generations shall be ever bound to call you the blessed instruments of justice, for the Regaining of their ancient and just Rights and Liberties. Ye shall do no unrighteousness in judgement, Levi. 19.15. Thou shalt not oppress nor vex the stranger, the widow, the fatherless child, nor the poor. For if thou afflict them and they cry unto me. I will surely hear their cry: And my wrath shall wax hot, and I will kill you with the sword: and your wives shall be widows, and your children fatherless, Exod. 22.21, 22, 23, 24. Therefore execute true judgement, show mercy and compassion every man to his Brother, and oppress not the widow, the stranger, nor the poor, and let none of you imagine evil against his brother in your heart, and execute the judgement of truth and Peace in your Gates, and love no false oaths Zach. 7.9, 10. Zach. 8.16, 17. Nor sell justice for the price of iniquity as hitherto you have done. vivat rex. FINIS. Many more Petitions of the like nature being from time to time presented, have been obstructed, and the parties grieved, not heard nor relieved, but their miserable Bondage rather augmented, and they thereby discouraged from renewing their complaints against these their Egyptian taskmasters, viz. Lawyers, Attorneys, Gaolers, and cruel creditors, Distressed, and miserably enslaved, England's Cankerworms, and devouring Caterpillars of men's Estates, Liberties, and lives, and formenters of all Contention, Tyranny, and Oppression. vivat Rex.