An HUMBLE REPRESENTATION UPON THE Perpetual Imprisonment OF Insolvent Debtors, AS BEING 

I. Against the Law of God.  
II. Against the Most ancient Fundamental Common Laws of this Kingdom.  
III. Against the Rule of Justice.  
IV. Against the Law of Conscience, and Christian Charity.  
V. Against the practise of other Countries.  
VI. Against the Creditors own Profit.  
VII. To the Prejudice of the King, and his Kingdoms.    
LONDON, Printed for John Platt, Steward of the Common-Side of the Kings-Bench, 1687.   

TO THE KINGS Most Excellent Majesty.  
The Humble Petition of the Distressed Prisoners for Debt, within the Prisons of the Kings-Bench, Fleet, and the other Prisons in and near the City of London, in behalf of Themselves, and all other Prisoners for Debt, within the Kingdom of England, and Dominion of Wales; in which, according to the best Computation, are near Twenty Thousand Souls.( Humbly offering the following Representation of their Deplorable Case to His Most Sacred Majesty.)  
Most Humbly Sheweth,  
THat Your Petitioners, with Great Joy, observing Your Princely Clemency, and Compassion to all Your Suffering Subjects, and as they are( They Hope Truly) Informed to Themselves, do Most Humbly Beseech Your Majesty, they may Partake of it, Their Sufferings, by Perpetual Imprisonment, under Merciless Creditors, being so Great, and so much against the Fundamental Laws of this Nation, against the Laws of Christianity, and of that Christian Commiseration, of which Your Majesty is so Great an Exemplar, and so supreme a Judge in this Nation, and upon which we Cast ourselves:  
That therefore, of Your Royal Mercy, you would please to take their Case into most Effectual Consideration; Is the Humblest Petition of  
Your Majesties Most Obedient Subjects, who shall ever Devote their Prayers and Lives to Your Majesties Service.   

TO ALL Good Christians, On the Behalf of PRISONERS for Debt.  
A Due Care for the Relief of the Poor Prisoners, is an Act, I. Of great Piety towards Almighty God, who requires it of Us: He hath left the Poor as his Pupils, and the Rich as his Stewards, to provide for them. It is one of those great Tributes, that he justly requires from the rest of Mankind; which, because they cannot pay to him, he hath scattered the Poor amongst them, as his Substitutes and Receivers.  
II. It is an Act of the greatest Humanity among Men; Mercy and Benignity is due to the very Beasts that serve Us; much more to those Poor Prisoners, that are Partakers of the same common Nature with Us.  
III. It is an Act of great Civil Prudence, and Political Wisdom, for the keeping of the Manufactures and People, who are the Strength and Treasure of a Nation in the Kingdom. For instance, Should one clothier or Cloath-worker, that understands the whole Mystery of making Cloth, be affrighted with the Apprehension of perishing in Prison, and be forced to fly into a Foreign Country, it might be a Million prejudice to the Nation: And, whilst the Father lies in Prison, the Children are brought up in the Trade of Begging and Stealing.  
IV. It was observed the last Term in Westminster-Hall, upon an Information, for enticing away a Servant, that was an Artist in the whole Mystery of making White-paper; the damage proved, at the trial, to this Kingdom, or at least took away as much of our Money Yearly, as did amount to about an Hundred Thousand pounds Sterling; and in effect, so much damage to our Poor. I will leave the World to judge, if One poor Man be of this Value, what is Ten( which are Artists, and now ready to Starve in Prison) but a Million a Year. So that it is evident, that Populacy is the greatest National-Wealth, both in Peace and War; for, by their Industry, they will make Riches, and a due care of procuring our Growth, and Improving our Manufacturies: The proper Materials of which this Kingdom is enriched withal, is a work that will become good English-Men. But hitherto I am in Generals, which rarely prosper into Action or Conviction: I shall therefore leave you to consider, what provisions there are already settled by the Laws in force, for the Relief and employment of the Poor. I know there is defects of those good Laws and Provisions already made; and there is only wanting what may be thought a convenient supply of those Defects, and the consequences of such Supplies; which will take up a Discourse too large; therefore shall leave it to the Learned Writings of the Excellent Lord Chief Justice Hales on that Subject; where he is against the Imprisoning of the Persons of the Poor, and the Remedy he propounded.  
V. In other Manufacturing Countries, a Beggar is a rare sight, and no Poor kept in Prison; a Work that is one of the principal Christian Virtues, and worthy the Imitation of all good Christians: And the letting our Brethren Starve in Prison, is one of the greatest Reproaches that can be Imputed to Us, in Relation to our Christian Profession.   

THE PREFACE.  
THe Case of Perpetual Imprisonment for Debt, and the Relief of such Prisoners, having had a fair Beginning of Consideration by the Parliament yet in Being, and of late, more particularly fallen under His Majesties most Tender and Merciful Thoughts, as we have had certain Informations; We conceived it a Wretched Sencelesness of our own Condition, if we should not Summon together all the strength of Religion, Law, and Reason, to justify the Commiseration of His Sacred Majesty towards us, and the Parliamentary Inclinations to Mercy upon us: Accordingly therefore, with all Humility, Modesty, and Truth, we have laid together, what we could understand most Enforcing hereunto: Yet not Relying so much upon the Validity of our own Representations, as upon the Evidence of Things themselves, and upon the Christian Sentiments of all Pious and Charitable Readers; and especially, upon the Singular, Admirable, and Exemplary Compassions of our Gracious sovereign: And therefore, we Beg our Representation may( as from us) be Esteemed only as a Most Humble Petition, first to our KING, and then to all in Authority under Him; and in General, to all Christians, on which account, we shall( above others) be Doubly and Trebly Obliged to Pray, and Lay out ourselves in all Loyalty, Obedience, and Service for public Good.   

A LETTER FROM A CREDITOR to the PRISONERS.  
GENTLEMEN,  
SOme copies of your Petitions to His Majesty, came to my Hand, in which you seem to charge your Creditors with Severity and Cruelty; and that,( except His Majesties Compassion Interposes) Condemned to a Death more Severe than what the Law directs for Mutherers and Traytors, That of Starving; and being but one Creditor, I can only Answer for myself; and that I do know several others of my Opinion, who does think it very hard; yet they say, it is according to Law, though you Perish in Prison: But for my own part, to let a Man suffer knowingly Poor, it is a murder, dispensed with according to the Law of Man, but contrary to the Law of God; and for that Reason, I do desire to acquit myself. To tell you, That though I have for several Years past Traded for several Thousands; and at this time, in the Prisons of London and the Kings-Bench, have several Debtors that owe me considerable Sums; yet, believing them Poor, never yet charged them with any Action, nor in my whole Life never detained any Man that was poor in Prison; but, on the contrary, have not only with my Person, but my Purse, been contributory to their enlargement; and can as soon believe the Innocent Dove to be a bide of prey, as that any Man can be Guilty of so much Inhumanity, as you would bespeak them; but rather attribute it to the Obstinacy of some Stubborn or Wilful Debtors, or at the worst, to some Disobliged or ill-bred Creditors. It is observed with Joy, the Delight His Majesty takes in giving Ease, Security, and lasting Happiness to His Subjects in general, not excepting those who were once his most implacable Enemies. It is earnestly wished, That His Majesty would be pleased to Grant You His Commission, as You desire, for the freedom of Your Persons, and Time to pay Your Debts; so that by well using your Liberty, You may be enabled to pay your Creditors, and Serve His Majesty. I hope, in good time, with calm Endeavours, and a patient Resignation to the Hand of Providence, all things will work together for your Enlargement; and for the present, that which is as good; for I hope You will learn, from the Solitude You are in, that it is much a greater and happier estate to despise the World, than to be of it. I doubt not, but, in order to Your Liberty, You are regulating your Books, &c. and, I hope, You forget not your greater Account with Heaven; You may say, ( Deus nobis haec otia fecit) That You may consider Your Nobler end of Being: You have Lived long to others, You may now Live to yourself: perhaps You will Recollect what Seneca says; Illi gravis Mors Incubat, Qui vivit omnibus Notus, sibi ipsi Ignotus? If You find an Involuntary Restraint set heavy upon You, look up to Heaven, and give an hour every Morning to the several good Lives of the Saints, as Saint Francis, &c. or to Dr. Taylor's Holy Living: red his Chapter of Contentment; I dare say, it will so far infranchize Your Mind, You will believe You never Lived before. My hearty prayers for your Health and Liberty, is all from,  
Yours, T. W.   

CHAP. I. Against the Law of GOD.  
Arguments: That the Power of Perpetual Imprisonment of Debtors, by their Creditors, is against the Reason, Justice, and Mercy of the Laws of God, and of Jesus Christ our Saviour.  
BY Debtors, I understand, Debtors Insolvent, or unable to make satisfaction for their Debts; although they are hearty willing to do it in the Whole, or so far as their Ability extends, or any employment( on which they might fall, if at Liberty) might enable them; the necessary livelihood of themselves and Families, first allowed.  
The Laws of God suppose, 
Ar●…  That all Crimes( not worthy of Death) should be Punished with Punishments limited and determined, as to their Degrees, and Spaces of Time; so as neither to be extreme nor perpetual. But Insolvent Debtors are neither by the Law of God, nor by the Law of Nations, or of this particular Nation, thought worthy of Death; and therefore ought not to be kept as Living-Dead Men, in perpetual Imprisoment; as( being left to the Incompassionateness of their Creditors) upon their Insolvency they generally are: For such Punishment is unlimited in Time, and excessive for Degree; and is too like to the Punishment of Hell itself, both upon the Body, and Soul also.  
The Laws of God, and of Christ, lay all possible Obligation upon us, 
Ar●…  To have Mercy on the Poor: But there is no Poverty greater than what arises from Imprisonment of Debtors, unable to Live, that engages Men to make Bricks, for the Charges of Imprisonment, as well as Livelihood; and takes away all means of Industry in Mens several Callings: And this being perpetual,( or which, as it most often proves, is all one, except the Creditor please to have Mercy) is most contrary to the goodness of Divine Laws, in the point of Mercy to the Poor.  
The Law of God, and of Christ, 
Arg●…  direct Living Men to all Duties towards God, towards Men, and towards Themselves: But perpetual Imprisonment keeps them alive, and yet deprives them of all means of serving the ends of Life, by disabling them to the Offices of Religion, of Service to their Prince and Country, to their Families, and to themselves; taking away all vigour of Spirit, Vertuousness, Ingenuousness of Nature, freedom of Body, and, very often, outward Means of Serving God; and more often, of Presence of Mind, through Want, Grief, and Despair: All which, as a state worse than Death, is most contrary to the Laws of God, and of Jesus Christ; which allows Death, but nothing worse than Death,( not a Living-Death) to be Executed on our Brethren: but a perpetual Imprisonment, indeed, allows Men to Live, and not to serve the ends of Life; which is, a Dying-Life, or Living-Death, and so worse than Death.  
The Mercy that God enjoins in the Old Testament, shows evidently, That it is most contrary to the Justice, Mercy, and Humanity of his Laws, thus perpetually to Imprison Debtors, that aclowledge, and Worship the same God, and so are Brethren: He therefore took all care, that his People should not perpetuate the Sufferings of their Brethren, so much as in their Estates, or any of the conveniences of Life; much less, as to their Liberty, by the perpetual Imprisonment of their Persons; as these Scriptures bear witness: Exod. 22.26. If thou at all take thy Neighbours raiment to Pledge, thou shalt deliver it unto him by that the Sun goeth down; For that is his Covering only; it is his raiment for his Skin, wherein shall he Sleep, &c. Ezek. 18.7. He that hath not Oppressed any, but hath restored to the Debtor his Pledge, hath spoyled none by Violence, hath given his Bread to the Hungry, and hath covered the Naked with a Garment. Levit. 25.35. If thy Brother be waxed Poor, and fallen in decay with thee, thou shalt Relieve him: Yea, though he be a Stranger, or a Sojourner, that he may live with thee. Ver. 39, 40.42, 43. If thy Brother be Impoverished, and be Sold unto thee, thou shalt not compel him to serve as a Bond-Servant, but as an Hired-Servant, and as a Sojourner shall he be with thee, and shall Serve thee unto the Year of Jubilee. They are my Servants, saith the Lord, they shall not be Sold as Bond-men: Thou shalt not Rule over him with Rigour, but shalt Fear thy God. Jer. 34.14. And when thy Brother, which hath been Sold unto thee, hath Served thee Six years, thou shalt let him go free, &c. Deut. 15.1, 2, 3. At the end of every Seven Years thou shalt make a Release; and this is the manner of the Release. Every Creditor that lendeth ought unto his Neighbour, shall Release it; he shall not exact it of his Neighbour, or of his Brother, because it is called the Lords Release: of a Foreigner thou mayest exact it again; but that which is thine with thy Brother, thy hand shall Release: So ver. 12.13.  
And the Religion of Jesus Christ is yet a Thousand-fold more abundant, and express, in all its Commands and Precepts, for the highest Acts of Mercy and Compassion to all, especially to Christians; as these Scriptures of the New-Testament Teach us:  
Matth. 18.26.27. to the end. The Servant therefore fell down and worshipped him, saying, Lord have Patience with me, and I will pay thee all: Then the Lord of that Servant was moved with Compassion, and loosed him, and forgave him the Debt, &c. Mat. 6.12. Forgive us our Debts, as we forgive our Debtors. Ver. 14. For if ye Forgive Men their Trespasses, your Heavenly Father also will Forgive you. Ver. 15. But if ye Forgive not Men their Trespasses, neither will your Father forgive your Trespasses. Luk. 11.4. And forgive us our Sins, for we also Forgive every one that is Indebted to us. Mat. 22.39. Thou shalt Love thy Neighbour as thyself. Mat. 18.22, 23. How oft shall my Brother Sin against me, and I forgive him? until Seven times? Jesus saith unto him, I say not unto thee, until Seven times, but until Seventy times Seven. Mat. 5.44. Love your Enemies, Bless them that Curse you; Do good to them that Hate you; and Pray for them which despitefully use you. Rom. 12.20. If thine Enemy Hunger, feed him; if he Thirst, give him Drink.  
The Law allowing to the Creditor, 
Ar●…  the Power of perpetual Imprisonment of his Debtor, makes the Creditor think that Lawful and Justifiable, that( it is much to be feared) lays him under the judgement of God, without Mercy, because he shewed no Mercy; and makes him believe he is Innocent, in Sacrificing to his Revenge the Life of his Insolvent Debtor; and that without any Compensation for his Debt, but only the sweetness of that Revenge, which is hateful to God, and most severely denounced upon by the great Lover of Mankind( whose Nature, in Mercy to it, he took) even Christ our Lord. Whereas, if our Laws took this Revenge out of the Creditors power, it would prevent so great a Sin and Guilt upon him; and yet, would do no Injury to his Estate, in delivering his Insolvent Debtor out of his hand.  
It is often a Temptation to the Rich and the Mighty, 
Arg●…  unjustly to take the advantage of Imprisoning the Poor, under some pretence of Debt; and so not only the Body, but the Justice of the Prisoners Cause is Fettered and Imprisoned also; than which, nothing is more abominable, according to the Laws of God and Christ.  
From all which it arises, Perpetual Imprisonment is a Punishment upon the Insolvent, unjustifiable by the Laws of God, and of Christ.  
But against this, it may be Objected:  
Object. 1. Some places of Scripture suppose such a Punishment as perpetual Imprisonment; as, When the Unmerciful Servant in the Gospel, to whom his Lord had Forgiven all, threw his Fellow Servant into Prison: And, 
M●… ult.〈…〉 Lu●… ult.〈…〉  When Christ advices us to agree with our Adversary, while we are in the way, lest we are cast into Prison; and adds; I tell thee, Thou shalt not come out thence, until thou hast paid the last Mite.  
Answ. This no more proves the Lawfulness of perpetual Imprisonment, than the Parable of the Talents does the Lawfulness of Usury, so severely forbidden among the Jews: But in that Parable, Mat. 18. Christ provides against all such unmercifulness in Creditors; except they are first able to pay all their Debts to God, or are willing to be kept in his Prison till they can, they must exercise the same Mercy to their Debtors they so much want, and must beg one day of God.  
In this other, Christ only borrows from the custom of Heathen Nations( which might possibly have crept in among the Jews, as some other things did, by Living under the Laws of Heathen Princes) an Illustration of the Divine Severity, from Merciless Creditors: But that Severity falls only upon those who will not accept the Offers of Free Forgiveness, upon the terms of Repentance; which God, as our Grand Exemplar of Mercy, most Liberally offers. And indeed, It is only the Prerogative of Gods supreme Justice, to Imprison to Perpetuity the Refractory to all his terms of Mercy.  
Human Justice cannot Punish so high: Where the Crime is not worthy of Death, there God requires all Exercises of Mercy, and that indispensably.  
There is one Case only possibly allowable, and that is, of such Irreconcilable Enmity to Government, or public Weal, that a Person hath deserved not to be trusted with his Liberty, as justly suspected to use it only to common Mischief: But because this can no way be Imputed to common Debtors, I will not further consider it.  
Object. 2. It may be said, The Laws of God do not intend the overthrow of Human Commerce; but the Denial of this Power of Perpetual Imprisonment on the Insolvent Debtor, would overthrow such Commerce: For without this Awe and Terror over Men, there would be no Care in the Debtor to Pay, nor willingness in Men of Ability, to Lend or Trust; and either way, Civil-Commerce would be Destroyed.  
Answ. Nay, but from hence it is certain, This Power of Perpetual Imprisonment is not necessary to Civil Commerce, seeing the Law of God doth Allow and Encourage that; and yet doth in all his Laws, Dis-allow and Discountenance this Unmerciful Power of Perpetual Imprisonment.  
Now, seeing it is certain, He understands Better than Man himself does, what is necessary to Civil Commerce, and yet Dis-allows such a Power; It certainly follows, There are other Measures and Methods of securing Civil Commerce, without such a Power of Imprisonment: It behoves therefore all Religious Legislators and Governours, professing the Religion of God, and Jesus Christ,( as Blessed be God ours do) to Retrench that Power, and to search out those other Means of preserving Civil Commerce, more pleasing to God; which are doubtless not so hard to be found, but that, That Wisdom, by which Kings Reign, and Princes Decree Justice, will easily led them to it.  
And it ought duly to be apprehended, lest by Laws and Powers so offensive to God, provoking his Wrath and Judgments, Civil Commerce be much more Endangered, and the Souls of Creditors( as well as Debtors) endangered by a too great Care for their Worldly Estates; without considering, how little that Man is profited, who Gains by this Unmerciful Power, most often none of the World, and yet loses his own Soul by it; for which, even the whole World is too poor an Exchange.  
Object. 3. But many Debtors are able, and yet not willing to pay their Debts; and nothing but this Power of Perpetual Imprisonment will Extort the Discovery of secret and fraudulent Conveyances, or other secret ways of securing what they have, out of the Reach of Law and their Creditors; and to Imprison such unconscionable Debtors, is neither against the Justice nor Mercy of Divine Laws, but most Consonant thereunto.  
Answ. This Case of the Ability of Debtors to pay their just Debts, and Unwillingness to do it, may be very Righteously Punished with Imprisonment, if the matter of Fact can be proved, as in all other Cases; and upon due Proof, the Justice and Wisdom of Legislators and Judges, is able to determine in this, as in all other such Cases; for it is the Insolvent Debtor,( that if, through Inability, truly so) or he who will do to the utmost he can, for whom this Plea is designed.  
But the perpetual Imprisonment of such Insolvents to Explorate, whether they are able or not, is more Cruel than the Torture or Wrack to find out Crimes, otherwise hidden and unproved; for this Imprisonment continues them upon the Torture, till Death itself, even when they have endured the Torture, and suffered the Wrack in the midst of many Extremities, years together.  
And yet the Law of God, and of this Nation, countenances no other way of Proceedings, but by Proof and Testimony; nor is any other accountable, according to the Reason, Justice, and Mercy of Divine Laws, which is the thing which ought to be shown, and I hope, is shown.  
Object. 4. It may be yet urged: Allowing this Perpetual Imprisonment, to be disapproved by the Laws of God, and of Christ; yet there was a Power the Creditor had to seize not only the Persons of Debtors, and to use or sell them as Slaves, but also their Wives and Children, that Payment might be made; as appears 2 Kings 6.1. Matth. 18.25. But this is a severity so great, that Imprisonment is indeed great Mercy, compared with it.  
Answ. 1. We may take notice from that piece of Sacred Story, such an Indebted Insolvency may be the Case of a Man fearing God; for the Woman spoken of, viz. the Wife of a Son of the Prophets, appeals to the Prophet Elisha, that her Husband so dying, feared the Lord; which is a great Argument for Mercy and Compassion to such, and not to deal with them as Persons of no Religion.  
Answ. 2. The Law of God before Expressed, allowed only in such Cases, to use them as hired Servants, and not to Sell or enslave them; and they were to be so used but till the Seventh year, the Year of the Lords Release; so that, the use of hired Servants upon fair Allowances to their Service, and that Service not Slavish, but Ingenuous, according to their Education, and abilities of Mind and Body, and for such a limited time, is much greater Mercy than perpetual Imprisonment: What ever then exceeded this, was perfect Degeneracy from the Religion of the God of Israel, and highly provoking to Him; as appears Jer. 34. And yet the Mercy, the Gospel requires, is much greater than what the Jewish Constitution required; and the Indignation of Christ, much greater against Unmercifulness, as appears in this very Instance, Mat. 18.   

CHAP. II.  
Against the Law of Man, and the most ancient and Fundamental Common-Laws of this Kingdom.  
IT is evidently and undeniably plain, That by the ancient Common Law of the Land, the Bodies of the People of England could not be Arrested, Imprisoned, or Outlawed for Debt or damages,( or any thing thereunto relating) at the svit of any Subject; as clearly appears, not only by our ancient Laws, but by the Two great Sages of the Law, 
R. fo. 12. 3. 305 Ch.〈…〉.  the Lord Chief Justice cook, and the Lord Dyer; as also by Magna Charta, that great Expositor of our ancient Laws; and was in Affirmation of the said ancient Common-Laws, and with great and wary Circumspection, provided against the said Imprisonment: and not only not so much as thought on, before the Conquest; but was abhorred, in the least, to be Practised from that time, and the time of the Birth of that Explanatory Law, 
M. ( which was in the Ninth Year of the Reign of Henry the Third) until many Ages after; there being variety of great, weighty and pregnant Reasons for the preservation of that greatest Liberty and privilege of the Subject,( the freedom of their persons from Imprisonment.) And as well those ancient Laws before the Conquest, as the Laws until the making the great Charter, and Sixty Years after, were in that particular( with all studious and sedulous Care) inviolably observed, as an eminent and signal Badge of the Immunity and heroic Freedom of the English Nation, who were then deservedly called ( Libera Gens) and lived so, and in so great and happy splendour, to the Envious Admiration of the rest of the Christian World, and to the Eternal Honour of their and our Ancestors, without being subject to any such Imprisonment, not only at the time of William the Conquerors Reign,( which was above Twenty Years) but 194 years after his Death; until the Statute of Westminster the Second, made in the 13th year of the Reign of King Edward the First, 
West 〈…〉 13. E●…  invented a Capias, and a new Process of Outlawry; which from that time was full so many years. And altho' the Statute of 52. Hen. 3. was the first that ever made any English-mans Person subject to such Arrest; yet that was only against bailiffs of particular Lords, and no great stress can be laid thereon; But that breach and inroad being once made into, and upon the Common Law, that gave encouragement to the unhappy Production of another Statute made in the 25. year of the Reign of King Edward 3. cap. 17. by which it was Enacted, That such Process should be made in Debt, and detinue of Chattels, and by Process of Exigent, as was then used in Writs of Account; which were two such keen Laws, that they not only invaded, but cut in sunder the choicest Liberty of the Subject, by submitting the Persons of the then Free-born People of England, to the cruelty of Imprisonment for Debt and Damages: But the same wise King Edward 3. of whom the Lord Chief Justice cook, in his Second Institutes, fol. 29. gives this Character, That King Henry 2. Edward 1. and Edward 3. were all Princes of great Fortitude, Wisdom, and Justice, 
Co. 2.29.  that Governed by their Laws; but that in the Reign of King Edward 3. the Laws did principally Flourish: Who saith, He was a Noble, Wise, and Warlike Prince. This prudent Prince, looking deliberately into the Wounds those Statutes had given to the Honour and Happiness of the Kingdom, and to that ancient and most Venerable part of the Common-Law, which preserved his Subjects Persons from Imprisonment, and the very many Kings Reigns and Ages, which that Glorious and Famous Liberty had prosperously continued, without the least interruption; And, as it is presumed, repenting himself of the making of the said bitter Statute of the 25. Year of his own Reign; and he and his Parliament finding the mischievous inconveniencies and dishonour, that it had put upon the People; and resolving to file off those Shackles from off the Subjects feet, and to re-invest them into the Liberty and Freedom of their Persons from Imprisonment, according to the Common-Law of the Land, by that gracious healing Statute made in the 42. Year of his Reign, did, in the Opinion of many,( and by the general Constructions of Law, and the Intendment thereof) Repeal those two raizormetled, and rigorous cutting Laws, of Imprisoning Mens Persons for Debt, as aforesaid; wherein it is declared, That the great Charter should be holden and kept in all points; and if any Statute be made to the contrary, that it should be holden for none; which last mentioned Statute was according to common Construction, and intended fully to restore the brightness and lustre of the ancient Common-Law; and to support and maintain the vigour of that Standard of Law and Justice( the great Charter,) which not only asserts his Majesties just Rights, and Prerogative Royal, but defends and preserves the Freedom and just Liberties of the People; which, as the same Author, in his Preface to his Second Institutes, saith, Hath been confirmed by 32 Acts of Parliament: And not only so,  
But the setting up and creation of the great number of Offices and Officers, and the herds of Persons which those most severe Laws,( Westminster the 2. and 25. Edw. 3.) had most advantageously preferred, almost in every City, Town, and Village of the Kingdom; had so fixed, fastened, and riveted; and many of them Men of very great and eminent Quality and Interest, in places of great and tempting Gain; which had made so great an Impression upon the Minds of that prevalent and powerful part of the Kingdom, who had thereby plentifully enriched themselves, that notwithstanding the said Statute of 42. Edw. 3. so intentionally composed, for manumitting of the people of England, as well from the Thraldom of a Prison, as otherwise to preserve their Liberty, they went on to Imprison the Bodies of the Subjects; which hath ever since been practised, not only by virtue of those two Laws of Westminster 2. and 25. Edw. 3. but that of action Burnel, and the Statute De Mercatoribus, touching Arrests upon Statute Merchant and Staple, and by other Laws built upon them; which, contrary to the ancient Common Law, doth plainly continue the Invasilation of Imprisonment against, and upon all the Free-born Subjects of England( except the Lords;) and they in some Cases conceived not to be Exempt. For if a Nobleman be Outlawed( it's holden) he may be Arrested and Imprisoned; and until the Outlawry is Reversed, is not only incapable to sit in the House of Peers, but all his Personal Estate is forfeited, and his Lands in the same condition with any other Subject: So that it's indisputably clear, how great an entrenchment the Imprisonment of Mens Persons is upon the Honour of the ancient Common-Law; of which, as the Lord Chief Justice cook saith, The Great Charter is but Declaratory; and as a late Author, of good Authority, saith, Did not Grant any thing De Novo, but that thereby our ancient Laws and Liberties were only Repeated and Confirmed: And indeed, all those our Ancestors maintained, not only with Indefatigable prudential care and industry, but the vast expense of Blood and Treasure: Witness the more than 20. years intestine Bloody Civil-War, in the Reign of King John; and in the end, the Confirmation of those Laws and Liberties, by the same King, in the face of the Nobility, and other the great Men of the Kingdom, and of an infinite multitude of other the free people of England; as saith briton: 
Brit.〈…〉 219.  So that there wants nothing to make it fully demonstrable by our Ancestors Magnanimity, and resolved Courage, in maintaining the ancient Common-Law, but that they and their Posterity were not only established in their Just Rights, but were preserved from such Imprisonment for Debt and damages, or any thing relating thereunto, 214. years after the Norman Conquest; which now is inflicted upon many Thousands of his Majesties good Loyal and Faithful Subjects, to the utter Ruin of them, their Families, and Relations; whilst those who have lined their Iron Consciences with nothing but their Profit, and their Chests throughout, with the Wealth of the Kingdom, which they have gotten by the late unhappy Differences and Troubles, smile to see those who have Sacrificed their Bloods, nay, themselves and theirs, in and to his Majesties faithful Services, penned up by many of them in disconsolate and loathsome Prisons, and thereby made useless Nothings to the World and Themselves: Whereas, if we cast our Eyes back into the Reigns of the Saxon Kings, we shall find, that those marshal, Wise, and Wary Princes, King Ina, King Ethelston, and after them all the Saxon Kings, according to the ancient British Laws, were so very tender of the Imprisonment of Mens Persons, that they did not punish their very Bondmen with it. And King Alfred displaced and Imprisoned one of his Judges, for daring so to do; and when the Government devolved, and came to the Normans, William the Conqueror, William Rufus, and Henry the First, took such exact care to preserve this Liberty un-infringed, that in their Reigns, not any Person was Imprisoned,( altho for Mortal Crime itself) unless he were first Attainted upon the Verdict of 12. Men: And Additional to all this, many Ages after the Conquest, by the ancient Common-Law, the Writ De Odio& Atia, was given to a Man that was Imprisoned; altho for a heinous Crime,( the Death of a Man) yet the Law in that Golden Age, in favour, and out of an high Esteem it had of the Liberty of a Man, and that his Body should not be detained in Prison until the Justices in Eyre should come, he might Sue out this Writ directed to the Sheriff; and altho' the Offence for which he was committed, was not bailable by Law, 
Bract 121.  yet the ancient Common-Law did so highly hate and abominate the long Imprisonment of Men, that it gave him this Writ for his Relief; which appears by Bracton in his Third Book, and by Fleta in his First Book; 
〈…〉 21. 〈…〉 14 〈…〉 c. 3. 〈…〉 of 〈…〉 c. 5.  and with whom also, Glanvil in his 14 Book: And the mirror of Justice, a Book of great Antiquity and Estimation in the Law, as well as the Books before cited, Chap. 5. Sect. 1. complains of the Imprisonment of Mens Persons, as an abuse, altho' it hath been for breaking of a Goal. Now, for that it is clear as the Light, how highly valuable and dearly precious the Liberties of Mens Persons were by the Common-Law of the Land; it is in most humble and submissive manner proposed, That as well for the general good of all his Majesties Subjects, as for Prisoners, the ancient Common-Law may be restored, and that great Liberty of the Freedom of all the Subjects of England and Wales, for Debt and damages, may, by the Grace and Favour of His Majesty, and of both his Honourable Houses of Parliament, be again retrieved, and brought back with Honour to the People of this Kingdom; and that the ancient Forms and Ways for recovery of Debts, may be( as for several hundreds of Years it was) by Original Writ, Distress Infinite, Fieri Facias, and Levari Facias; and as, by the ancient Common-Law, it continued with great and happy Peace and tranquillity, for such great length of time, as aforesaid: And certainly, great Reason it is, that it should be so, all Debts and Damages being properly to be had out of the Estate of the Debtor, and not his Person. 
〈…〉. R.〈…〉 12.  It's said by the Lord Chief Justice cook, in his 3. Report. fol. 11, 12. That the Common-Law hath and had its Foundation laid and Built upon the true grounds of Reason: And that being granted, as of necessity it must, then it will consequently follow, That it were an Act of as much Honour, as Justice, to restore to the People of England, the Possession of the Inheritance and birthrights, which they all have, in and to her ancient Common Laws of England, and of which they have so long and unhappily been dizseized; who indeed have too long already Groaned under the very miserable Alteration hereof, by such the Imprisonment of Men, as aforesaid: And indeed, the very large, vast, and sufficiently-known great Prudence, truly-wise Apprehensions, and Princely Compassion of his late Majesty, King Charles the First, that Blessed Martyr, towards his Subjects, were such, that it is eminently known, that had not the late unhappy Civil Wars prevented it, the bent of his full Resolutions were, to have intimated his Recommends to the Parliament, for the discharge of all Prisoners for Debt or Damages; and the absolute taking off of all Arrests and Outlawries, upon some reasonable Compensation to be made for the Emoluments, that thereby came to his Crown; which was then hoped, would have gone under no great difficulty to have been done; and is now with as great facility and ease, as is conceived by the Wisdom of the Parliament, to receive a full and perfect Consummation: And as his said late Royal Majesty, King Charles the First, was pleased to say, in the Court of the highest Injustice the Christian World ever knew, That he thought he understood the Laws of England, as well as any Gentleman of his Kingdom, whose Profession it was not; So by this Intentional Act of His,( had it succeeded) he had made it fully and clearly evident to all his People, that by restoring the ancient and known Law of the Land herein to its Pristine and Original just Strength and virtue; he would thereby as well have compelled their Ignorance, to understand with how great and profound Knowledge in the very ancient Laws of the Kingdom, as the more Modern, he was largely and plentifully furnished, as by his Uninthrawling, new and fresh Enfranchizing his Subjects therein, and by calling them, and his and their ancient Laws, out of the Dark Caves and Dens of Prisons, where for so great length of Time they had lain Sepulchred together.  
And truly, It is a Solicism, that may be justly thought on, that the Law, which is so kind and merciful to Mens Horses, as to take Provisional care to enlarge them; that yet Mens Persons should be retained in Durance, under a Perishing condition; nay, and without as much as any definitive Time, by Law set for their releasement; and for Years, that may tell steps to the last end of their Lives; there to melt and burn out their Time, by a kind of every days Death. And it can in no sort be doubted, but that Wise and Prudent Men will seriously and deliberately perpend and consider, that this is the case of almost every English Subject; for let him be crammed with never so much Wealth, yet he knows not, nor is it possible for him to know, or foresee, how soon he may be in a Prison himself; or if not in Prison himself, yet his Widow, Child or Children, near and dear Relations, Kindred, or Intimate Friends. And notwithstanding all this, so miserable is the condition of a Prisoner for Debt, that if he wants Money or Credit to satisfy the extravagant and unjust demands of Keepers and gaolers; or if he appears in any manner to oppose them therein, or make any Complaints against them,( as there is, and hath been too much cause) he is presently clapped into the Common-Side, or Wards, and there lives a Life more deplorable and miserable than a Highway-man or Robber; for they are, in some short time, brought to their trial; and generally, by the King's Mercy, Transported beyond Seas; whereas a Prisoner for Debt, though never so Honest or Just, must spend his Days and Estate, without any Limitation of Time, to gratify the humour and Malice of a Merciless Creditor.   

CHAP. III.  
Against the Rule of Justice.  
FOr all Laws that are against the Law of God, or which have no ground or foundation on, or by the Laws of God, are also against the Rule of Justice. And it is against the Rule of Justice, and Law of Nature, that Men equally Free-born, should be deprived of the common and equal Liberty, and be given into the power of another, without Criminal cause or guilt.  
But let it be demanded of the Statute Law, to what end the Debtor is Imprisoned? It must be answered, It is either for Punishment or Coersion.  
If for Punishment, It is against the Rule of Justice: for to be found a Debtor in the Law, is no Criminal guilt; and therefore it is an unjust thing to punish him Criminally, that hath not offended Criminally.  
If for Coersion, To make the Debtor bring forth his Estate to the payment of the Debt, it is against the Rule of Justice also; for to enforce a Man by hard Punishment, to do that which doth not appear to be in his power, or which the Law is already satisfied, that there is not wherewithal to do,( for so it is satisfied, before the Capias against the Body was granted) is clear against Justice.  
If it be replied, That it is upon a supposed Fraud, that the Debtor is so Imprisoned; it is unjust also: for to punish upon Supposition, or before Proof made, is unjust: Why should not the Debtor in this Case be presumed in the Law to be Innocent of Fraud,( as in all other Cases accused Men are) till the contrary be proved?  
And it is unjust also, because Imprisonment of the Debtors Body, tho' it be torn in pieces for the Creditors will and pleasure, yet it neither fills the Creditors Purse, or discounts a penny of the Debtors Debt.  

Plu●… in 〈…〉 Life, ●… not 〈…〉 un●… ●ra●… ●… awes, ●… or ●… all ●… es to ●… ike ●… ed.  Again, It is not agreeable to the Rule of Justice, to thrust all kind of Debtors into a Prison together in an heap, without respect to the different Qualities of Men, to more or less guilt of Fraud or Obstinacy; or whether it be an Honest or an Usurious Debt, to more or less means of the Debtor, whereby he must live or starve in Prison; or to the holding him one year or Twenty years in Prison. Some are great Debts for Thousands; some are small Debts for Trifles; some are supposed Debts not yet proved; and in Truth, some are no Debts: but for certain, all( or 9 in 10) are Usurious Debts and Forfeitures; scarce one Friendly or Honest Debt in 100.  
And it is unjust in Proportion, for the Rule of Justice, by the Law of God; is, An Eye for an Eye, Blood for Blood; not a Mans Liberty, Credit, Person, Life, and all that is dear unto himself, Goods or Moneys Usuriously lent or commerced.  
And indeed, it is contrary to Justice and Reason, that the Law should, by uncharitable violence of Imprisonment, compel the Debtor to pay that which the Creditor( not in honesty or friendship, but for uncharitable Usury, and his proper unlawful Gain) hath desperately and corruptly adventured to trust.  
And whereas it is suggested, That these violent courses against Debtors, 
V●… ta●… S●… fo●… ca●… m●… D●… U●…  are done for the common Good, for maintaining Contract, Commerce, &c. yet it is too clear, that their end and effect is the advancement of Cruelty and Oppression, to the depression of honest and lawful Commerce, and Banishment of Christian Charity; which is, and ought to be the only Rule of Policy, to beget and maintain a Flourishing Kingdom.  
But it will be said, That Imprisonment is no Punishment; for Prisoners live at Ease and Pleasure; and indeed, such is the common received Opinion, though false and very slanderous.  
For the truth is, That the miseries and afflictions of Imprisonment, are unexpressible, and cannot be conceived by any, that have not felt or had proof thereof.  
The ancient Romans construed and reputed Imprisonment to be a guard or safe keeping of Slaves and Bondmen, but an heavy punishment to Free-born Men.  
In the Old Testament, the Prophet Micha, for a Punishment, was by King Ahab sent to Prison, to be fed with the Bread of Affliction: and surely, if the Bread of Affliction be to be found any where, it is in the Prison.  
For Imprisonment is a corporal Punishment, a grief and torture of the Mind; a long and lingering Dying, and sometimes a short-killing by Plague or Pestilence, &c.  
It overthroweth a Mans Reputation, and destroyeth all that is good or dear unto him: his Kindred grow strange; his Friends forsake him; his Wife and Children suffer with him, or leave him, or revel, or degenerate against him; and lie open to all Disgrace and villainy of the world; in whose Miseries the Prisoner suffereth more than in his own Sufferings: Before him the sight of all these Evils; and( which is not the least) he lies open to every Arrow of Scandal and Calumny, that a malicious Adversary will shoot at him; which he can neither resist or avoid, because he is not present to answer for himself. Behind him Grief for loss of Liberty, Credit, Friends, Estate, and all good promising Fortunes. His bail and Surety( who commonly are the nearest Kin, or dearest Friends) are in Prison already, or lie in the Power of the Adversary, to make them partakers of the same Misery.  
We will pass by the ill Air, straight Place, hard Lodging, unwholesome Diet, with the Noise, Noysomness, pestering and fettering the Body of the Prisoner, as the least of many Evils; and rest in this, that the Misery, Baseness and Bondage, which Prisoners suffer& undergo, is more than can be expressed.  
Yet Note, That no Man can stand in so sure an Estate, but either in himself, or in his Children, he may taste and feel the Miseries and Sufferings of this unjust Rule of Imprisonment.  
Now, to lay so many Miseries( as Imprisonment bringeth with it) upon a Man, to compel him to do that, which appears not to be in his power to do,( and who is not criminally Guilty) must needs be against the Rule of Justice.  
Therefore, Satisfaction ought to be sought upon the Debtors Estate, not upon his Body.   

CHAP. IV.  
Against the Law of Conscience and Christian Charity.  
FOr whatsoever is made or done against the Law of God, or not warranted thereby, is also against the Law of Conscience and Christian Charity. Now, to enjoin, and compel Men to perform corrupt Contracts, and to pay Usuries and Forfeitures, is clearly against the Law of God; therefore, against the Law of Conscience and Charity. But to induce divers necessary consequences, for the proof of this Chapter; it is first to be remembered, how many ways a Man may Guiltlesly and Innocently fall by the Law; be convict of Debt or Damages, and cast into Prison thereupon; viz.  
1. By Ignorance or Misprision of himself, that knoweth not to express or inform his own Case aright: or if his Attorney or counselor, who are not at all times, and in all cases, so sufficient, but they may, and do oftententimes err in Answering, Directing, or Pleading; especially when false things are cunningly laid, or true things uncertainly laid.  
2. By negligence of his Attorney or counselor; who sometimes doth forget, fail, or not attend to Answer or pled at just times; or by the Defendants own Necessity, who hath not, or cannot pay the Fees and Charges; or sand it by one that pays it not, or pays it too late.  
3. By practise or combination of the Adversary, with the Defendants Attorney, Solicitor, or counselor, with the Witnesses or Jurors, for Love, Malice, or Ends of their own.  
4. By Perjury of Witnesses; in concealing, perverting, or misapplying Truth, or deposing Untruth.  
5. By Forgery of Letters, Bonds, Deeds, and such like.  
6. By Subornation, Inclination, or Corruption of Witnesses, Jurors or Officers.  
7. By Affection, Inclination, or Corruption of the Judge. And so likewise any Man may be Disabled, and become Insolvent by as many Casualties, and Acts of Honest and good Intention; and consequently, become Debtors, and cast in Prison thereupon; viz.  
1. By suretyship, bail, or Security for Kinsmen, Friends, or others.  
2. By Loan to Friends, Kinsmen, or others, who pay not again.  
3. By falsehood of Friends, Servants, and others, that are put in Trust with Moneys, Evidences, Office, Trade, Lands, &c.  
4. By Moving or Defending a just svit in Law; where Might, practise, or falsehood, over-bears him, or many Years svit and delay, consumes him.  
5. By Fire, Water, shipwreck, and such like sudden and unresistible Accidents, at Sea or at Land.  
6. By Robbery of thieves, at Land or Sea.  
7. By unprofitable buying or selling of Lands, Leases, Merchandises, &c. whereby many Honest, and good Understanding Men have failed, and been Overthrown.  
8. By Arrests, Seizures, or pretences of Foreign Princes.  
9. By sudden loss of Friends, or Masters; in whose Life or Favour many a Mans Estate and Living dependeth.  
10. By Errors, in making or keeping Reckonings and accounts; or by losing, or not calling for Acquittances, Bills, Bonds, Releases, &c.  
11. By engagements and Assurances for Warranties, Annuities, Dowries, Jointures, Legacies, and such like.  
12. By Fathers Debts, and Use thereof, brings many Men to Prison.  
13. By Usury, which slily and suddenly eateth up a Mans Estate, e're he be ware.  
And by a multitude of other ways and means, which were too long for this discourse.  
In brief; So Frail, Insecure, and Inconstant, are all the things of Man in this World, that there is no Man in what state or condition soever, but may become Insolvent, and in Debt, by one way or other.  
And it is to be noted, That the Law admits no Information, or takes consideration of any of these Conscionable circumstances of casual Insolvency, or Innocent failing, as aforesaid.  
Or whether the Debt grew upon a deceitful or corrupt Bargain, Usury or Forfeiture?  
Or whether the Creditor hath suffered any damage or no?  
Or whether the Debtor hath paid any part of the Debt?  
But in summo jure, giveth the whole Forfeiture, without any Conscionable respect.  
And the after-proceedings are suitable: For after judgement on an Hundred Pound Bond, though the Debtor, by his Goods, discharge Ninety and Nine Pounds principal, yet the Body is subject to be Imprisoned till he pay the whole Forfeiture of 200 pounds.  
And the words of the Statute are, That if we have no Goods or Chattels, or not enough to satisfy the whole, his Body shall be Imprisoned for the rest, till he make payment or agreement, Marlbridge cap. 23. an 52. H. 3. and W. 2. cap. 11. an 13. Ed. 1. and Statute action Burnel, an. 11. Ed. 1.  
So every way it is in the absolute power and will of the Creditor to cast the Debtors Body into Prison; when, in all Conscience and Equity, if he have no means to pay, he ought to be let out of Prison, or not Imprisoned at all.  
For, Imprisonment of the Debtors Body( in itself considered) neither is nor can give satisfaction to the Creditors Debt, though he murder it by Imprisonment.  
And in like Rigour, when the Debtor is in Prison, the Law never looketh after him with a Conscionable Eye; though then again there ariseth most necessary and weighty matter of Conscionable consideration; namely, Whether the Prisoner hath means to pay the Debt or not? And, Whether he hath means to keep himself in Life? For to cast him in Prison( who hath no means) is a likelier course to starve him by Famine, than to win payment of the Debt.  
1. For some Prisoners have Means, and are willing, but cannot pay. Either because the present Power is not in them: Or in regard of the Time, that they cannot Sell, or cannot receive payment so suddenly. Or in regard of others interested, without whose consent he cannot dispose thereof. Or the Estate is entangled with Dowries, jointures, Warranties, Assurances, Statutes, &c. and by Trustees.  
2. Some have Means, and are willing to pay; but their Means will not hold out to discharge the whole Forfeitures and Usuries; which commonly is as much more as the Principal.  
3. Some have not to pay Principal, Forfeiture, or Interest, and the Creditor knoweth or believeth it: yet, because the Prisoner hath some able Kinsman or Friend, he will keep him miserable in Prison 10 or 20 Years, to try conclusions. And they are no small numbers that are cast into, and now lie in Prison, upon this project; who live and die miserable, for their able Friends sake.  
4. Some have Means, and will not pay, out of Fraud and Obstinacy.  
But for certain, there can hardly be found one of Five hundred Prisoners Guilty in this behalf; it being the common Slander of Creditors, to cloak their Cruelty and Tyranny. But if that were so, the Creditor, who searcheth the very Reins of the Debtor, and his Estate, will rather seize and recover the Estate, to the payment of his Debt, than cast the Debtors Body into Prison; where, if he Die, and the Land not seized, he loseth all.  
Now, If an Honest Man may Innocently fall in the Law, by such a multitude of Accidents, Practices, and Errors of others; and may fail also in his Estate, and become Insolvent, by doing just and friendly Offices to others, and by so many ways, and cannot be a Criminal Debtor, but one way, which is by Fraud and Obstinacy only.  
How can it stand with any Charity or Conscience, to neglect, and pass by so many Circumstances, and such weighty ones in Conscience; and to fall upon the Debtor with such Cruelty, by laying such an heap of Miseries upon Him, his Wife, Children, and Reputation, at once, as Imprisonment bringeth?  
And, as if all were too little, many Prisoners are shut up, sub arcta Custodia, upon bare Suggestion of the Creditor or Adversary, and without any proof made, reason shown, or once calling or hearing the Prisoner speak: when ast he Judge of Judges counseleth not to add Affliction to the Afflicted; and Punishments ought rather to be mitigated and lessened, than exasperated or increased. Julius the Heathen, Treated St. Paul with much Humanity, when he was a Prisoner; suffered him to go to his Friends, and to do his Affairs. The Civilians define strict or streight Imprisonment to be a kind of Torment, and far beyond safe Custody; and that perpetual Imprisonment, Banishment, and Death, be equally equivalent.  
Now then, every Debtors Imprisonment, whose Estate will not extend to discharge his whole Debt( which is the cause even of every Prisoner for Debt) is perpetual, and consequently, equal to Death and Banishment. And a Judge ought to visit the Imprisoned, and to cause that they may have things necessary. But to return to the Creditor again; Is it not a most unconscionable thing, That when he knows the Debtor hath no Means, will yet cast him in Prison, and keep him there all the days of his Life, upon a corrupt, and oftentimes, causeless or casual Debt, without any Fraud proved? Why should not the Debtor rather, in Conscience and Equity, be set at Liberty, to get Bread for himself, Wife and Children, when he hath no Means to pay; or is content to pay and assign all his Means, to avoid the Misery and Danger of Imprisonment? Or what can the cruel Creditor expect more, but the Debtors Life, and the spoil of his Wife and Children? Or is it not unjust and ungodly, to keep such a poor Debtor in Prison, in hope to wring payment from his Friends, by doing Cruelty upon his Body?  
It is true, The ancient Common Laws of England are very strict in this point, of maintaining Pacts and Contracts: but the Contracts of those Times were simplo, Honest, and Legal, and the Recovery was against the Estate only; for there were no Penal Bonds known, nor Usury practised by Christians, when those Laws were made. But all our Contracts and Bonds, or the greatest part, are corrupted: And to force Men to perform such, with the loss of their Estates, Credit, Liberty, and many times of the Life too, is most inequitable.  

☞  Especially, being the Law provides every Creditor his full damage, without the help of a Penal Bond; which plainly sheweth, That all forfeitures are needless. And they are unjust also; for they make the Creditor Judge of his own damage, which of right belongeth to the judgement of the Law.  
And therefore it is too clear, that all the former cases and causes being different, require different value in Conscience and Equity; yet the Law will neither see nor hear any of them, but punisheth 99 Innocent Prisoners, that would, but cannot pay, because one Debtor may happily be found fraudulent and obstinate.  
But it will be said, That the Chancery doth mitigate the hardness and rigour of the Law. And that wrong Judgments may be Reversed by Attaint, Errors, Audita querela, &c. Whereunto it is answered, That the Remedy is worse than the Disease: for all courses of relief by Law, or Chancery, are hard, tedious, uncertain, long, and extreme chargeable.  
And it is a lamentable case, That when the Debtor is unjustly or unconscionably cast in the Law, stripped of his Estate, his Body Imprisoned, his Liberty tied up, his Credit destroyed, and his Friends Banished; then to sand him so disabled, to seek remedy by new Suits at Law or Chancery, which are chargeable, beyond relief; and more chargeable, and more disadvantageous to the Prisoner, than any other by far, is neither just, conscionable, or reasonable: For many a Prisoner hath in these courses spent his Means, or starved in Prison, e're his svit hath been half ended. The difficulty or rather impossibility of these Reliefs, is too well known.  
And with the same Extremity doth the Statute of Bankrupt deal with the poor Debtor.  
1. In that there are so many provisions made for the Creditors recovery of his Debt; but not one Act of Tenderness towards the Debtor: For the Debtor may be Starved in Prison, with his Wife and Children, in the four Months assigned, for the finding, seizing, and dividing of his Estate, by reason there is no Provision at all made for their Livelihoods in the mean time.  
2. In that the Statute hath not remembered to set the Debtor at Liberty, when all his Estate is taken from him and divided; but leaves him, without Means, to perish in Prison.  
3. Nor hath it made any difference in the quality of Debts; for the greatest part of all Prisoners Debts are, or arise from corrupt Bargains, Forfeitures, and Use; which when the poor Debtors Estate will not extend to pay the Principal, the Forfeitures and Use may be spared, or at least the Debtor not be kept in Prison for such, without Means, and without Trade, to keep him, his Wife and Children, in Life. And it is an hard thing to break up the Conscience by Oath, to find wherewith to pay Forfeitures, Use, and corrupt Bargains.  
Doubtless, in this hardness of the Law, the Miseries of Imprisonment, and the unconscionable dealing of Creditors,( all falling heavy upon the Prisoners Credit, Estate, Wife, Children, and oftimes upon his Body and Soul too) hath wrought many strange and lamentable Effects. And it will not be unfit in this place to show some especial Examples out of the Kings-Bench; though many more acts of this Kind have been done, both there and in the Fleet, and in all other Prisons of England, wherein, like Men encompassed with like weakness, and like Extremities pressing them, as divers, who under the sense of their Sufferings and Miseries, have with poison, Knives, Halters, and in Vaults, desperately made themselves away; which for brevity sake, I omit to particularise.  
One Dawley, an unhappy West Country-man,( who formerly had set on work one hundred poor people yearly, in the Art of Felt-making) failing in his Estate, yet by no known 'vice,( for he was ever counted an honest and discreet man) was cast into the Kings-Bench Prison, where having prevailed with 15 of 17 Creditors, for respite of four years time, the other Two( who were Men of very good Estates) refused, and Prosecuted the Commission of Bankrupt, and obtained the Commission Sealed; which, with much difficulty and expense, poor Dawley withstood; and, at last, having obtained a Supersedeas, and not able to give( for the private Sealing) but half a Piece,( for it was his last Money,) Edney( who perceived there was need and hast) threw the Supersedeas Sealed( as by credible Report) into the Fire; upon notice whereof, poor Dawley not having wherewith to stop the Commission, nor knowing how to keep himself in Prison, or his Wife and Children in Life, that Night hanged himself.  
2. Frith, a Man of 1600 pound Land per Annum, being Indebted Seven or Eight Thousand pounds, and having Embroiled his Estate, by Assurances, Statutes, &c. to divers great Rich Men, was by Extents, Orders, and Decrees, so far stripped of all, that after he had Pawned his bedclothes, and Childrens clothes, at last in mere Want, and sight of his Misery, having but four Farthings left the Night before, and his Credit for Food spent every where, killed himself with a Pistol. And it may not seem strange, if his Faith did shrink; for he had been kept Two years, sub arcta Custodia, without hearing of Divine Service, or God's Word Preached. What ever the Man, or the Cause was, we are sure, the Courses were Unconscionable, and the State he stood in was very hard for any Flesh and Blood to bear. He accused, by a Writing made at his Death, Sir J. B. and some others, of hard Measure and Injustice.  
3. In the White-Lyon, hard by the Kings-Bench, one Allen, with his two Sureties, were, some few years since, cast into Prison, in Execution of 30l. Forfeiture and Costs for 12 l. Principal Debt, without any other matter of Debt against any of them; who being Mechanical-Men, and not able to pay or maintain themselves in Prison, are all three, through Want, Grief, and Misery of Imprisonment, Dead and Perished. So that, for 12l. Debt, the cruel Creditor hath had the Lives of three Men, and undone their Families. And no Marvel, if such strange and desperate Acts are so often and commonly committed, when in the Kings-Bench alone, there is near 800. Souls, for whom our Saviour Christ died, and  shed his dearest Blood indifferently, as for any other Christian Congregation: Amongst whom, there are many Instances of horrid Cruelty and Severity of hard-hearted Creditors, as well as in other Places. These Men are compassed with a Multitude of Miseries, and heavy Afflictions; and therefore, some cannot choose but become weak in Faith, staggered, or Desperate; and for want of the Fear of God, many with shane and Trouble, lose their svit, or Die.  
4. One Mr. Thomas Marcot, a Gentleman of 800l . per Annum in Northampton-shire, Raised a Troop of Horse for the Service of King Charles the First,( of Blessed Memory) in the time of the Unnatural Rebellion; and by that, and other Effects of that War, his Estate was so Wasted, that he was cast into the Fleet for Debt; whence, after a long Durance, he was( by the Cruelty of Merciless Creditors, as not Satiated in their Revenge) Removed to the Kings-Bench, and there thrown among the Prisoners of the Common-side; and having no place to lie on, but the bare Earth of a dismal Hole, he fell into such a Despair, that on Novemb. 6. 1685. he, by taking Six penny worth of Precipitated Mercury, poisoned himself; as will be Attested by persons of sufficient Credit; which being a late and very dreadful Event, considered in all its Circumstances, shows both the Mercylesness of Creditors left to themselves, and the extreme Miseries, Prisoners( of what Circumstances soever) often find in Prisons.  
5. One William Studd a School-Master, now living at the Hand and Pe● in Green-Banck near Wapping, Arrested John Grismond, a Youth under Thirteen Years of Age, who was his scholar for above Seven Years, at Ten Pounds a Year, and was justly paid all but Four Pounds Ten Shillings; his Father going to Sea, was unfortunately Cast-away, which was the only cause of the non-payment; upon which, Studd after he had Arrested his scholar, gets judgement for Nine Pounds, takes out Execution, throws him into Goal, where he now lies in the Kings-Bench Prison, a most miserable Spectacle of the Barbarous Cruelty, and Inhumanity of his Creditor.  
Others for Poverty and Want Perish.  
One with Fear and Grief, breaks his Heart outright.  
Anothers Heart, that cannot Break, the Devil is ready to teach him how to make away with himself.  
One uncharitably flies from his Keeper, that his Keeper may pay his Debt.  
Another desperately adventures his Life, to break Prison.  
One not having wherewithal to Employ himself, gives himself over to Drink and Company, thinking thereby to comfort his comfortless Soul, till all sense of Grace and Goodness be Drowned in him.  
And accordingly, every several Man Falleth, or is in danger to Fall, according to his several Weakness.  
The Prophet in the Old-Law, cried out against grinding the Face of the Poor; But our Prophets may cry out against grinding the Back, Heart, and Life of the Poor. For Creditors, when they have ground away all the Estate, then they cast the Debtors Body into Prison, where his Credit, Liberty, virtues, and Life too, are slily ground away, by Oppression, Imprisonment, and the Miseries that attend it.  
Yet some will excuse their own unconscionableness, and the Rigour of the Law; and so doing, allege, That in seizing the Debtors Body and Goods, the Law doth no more than what the Debtor himself hath contracted under his Hand and Seal; and, Volenti non fit injuria. Whereto is answered,  
1. That the Guilt of the Law cannot so be washed off. For in Debts where there is no contract under the Debtors Hand or Seal, the Law gives the Debtors Goods and his Body into Prison, at the Creditors will.  
2. That the Debtor is not volens, for it is against every Debtors will to become a Bondsman; but he is pressed thereunto by his own necessity on the one side, and by the Creditors uncharitable will on the other, who will not lend but upon Forfeiture.  
3. The common saying ( Volenti non fit injuria) is a false Position; else it is Lawful to knock a Man on the head, who is willing to die; which is absurd, for the will or consent of the Party, unto an act that is in itself unjust, cannot make the Act just, nor justify the Actor.  
And it is also Objected; That if Mens Bodies may not be Imprisoned, how shall they recover their Debts. Answer, Upon the Debtors Estate only, as this Kingdom heretofore did, and other Kingdoms now do: And therefore, let the Creditor ground his Trust thereupon, and Trust no farther than the Debtors Estate; for thence only can he have true satisfaction, for the carcase is worth nothing. It is replied: That then there will be no more Credit given; and consequently, Trade and Commerce will decay. Answer, Honest Trade, honest Contracts, and honest Trust, will notwithstanding be as plentiful; for while there is the same use, necessity, and profit, by Commerce, there must needs be the same Effect, unless it shall be denied by some impossibility; for necessity and profit will not let the manner or means sleep, till the effect be wrought.  
True it is, That Contracts will be more Relatively made to every Mans Estate, Credit, and Honesty, not Blindly and Desperately, as now they are: For how did they in the times of the Old-Law, of the Gospel, and in the ancient Times, and politic Government of this Kingdom; and in all other Kingdoms at present. Shall we think that those Kingdoms had no Contracts, Commerce, or Loans of Money, or are these or those fallen to ruin, for want of Imprisoning Mens Bodies for Debt? or were it not better that we had no such amplitude of Commerce, than to purchase it at so dear Rates, that giveth offence to the Divine Majesty? Is contrary to our own Laws, to Justice and Conscience; prejudicial to the King and Kingdom, unprofitable to the Creditor, and destructive to the Debtor.  
To conclude, Since a Man may Innocently be a Debtor by the Law, or become Insolvent, or have no Means, or want present Means, to pay in such a Multitude of causeless and casual ways, as is before shown, and can be a Criminal Debtor but one way, which the Law Punisheth otherwise; Why should we( upon so good Warrant as we have out of the Old-Law, the Gospel, the Mother Laws of this Kingdom, and upon the sight of so many Reasons, and Rules of Justice, Conscience, and Christian Piety) doubt to depress this cruel practise of Imprisoning Mens Bodies for Debt; and to restore the ancient Laws and Customs of this Kingdom, to their Life and Liberty again.   

CHAP. V.  
Against the practise of all other Countries.  
IN Germany, France, Italy, Spain, and the Low-Countries, no Man is detained in Prison for Debt, above a Year and a day; as all they who have observed the Laws and Customs of those Countries, can certify. In which time, the Creditors have Power to Take, Seize, and Sell all the Estate of the Debtor; which being done, the Wives Dower is first taken out, for the Relief of her and her Children; the rest is divided among the Creditors, so far as it will go, and so the Debtor is freed from those Debts for ever; and at a Year and a day his Body is set at Liberty, to begin the World anew: And by the Civil Law of this Kingdom, Qui vult cedere bonis, libertatus est a debito, If the Debtor shall be content to Relinquish his Estate to the Creditor, he is free from the Debt; so there needs no Imprisonment at all. But no Gentleman, or Man of Quality may be Imprisoned at all for Debts, his Estate only is liable thereunto, and yet with reservation of such necessary things, as Honesty, Honour, Humanity, and Christianity doth Challenge, viz. The Souldiers Person, his Arms, his apparel, Bed, and Chamber, conveniently and necessary Furnished, may not be taken for Debt; and like Reservation is made to every other Man of Quality: And if the Debtor have no visible Estate, the Creditor is obliged to find him a Maintenance, during his Imprisonment.  
And in all those Empires, Kingdoms, and Regions, which are Governed by the Mahometan Laws, there is no toleration of Usury at all, neither Imprisonment of Mens Bodies for Debt, being absolutely, by Mahomets Alcaron prohibted, in the 4. Azoara, or cap. viz. They which live of Usury, shall not rise again otherwise than the Devil, because they embrace that which God hath said is unlawful. They in excuse say, Usury is a merchandise, but ye which are good, fear God, and forsake Usury, lest the Anger of God, and of his Prophet assail you; take only the Principal, and if thy Debtor cannot pay thee, stay till he can, and give him Alms, for this shall be better for thee. The Jews are the only practisers of Usury, in all the Mahometan Countries; and will, before-hand, take 20 or 30 per cent. of any Christian, or other that shall use him: But it rests in the power of the Debtor, to call the Creditor before the Turkish Justice: and what Interest the Debtor can prove he hath paid, shall by the Law be defaulked out of the Principal Lent, and the Debtor only liable to the rest. And no practise of Imprisonment of Mens Bodies above three Months for Debt, unless the Creditor will maintain the Debtor▪ his Wife, Children, and Family, which is never known: So that Imprisonment of Mens Bodies for Debt, according to the practise of England, is a greater burden and Bondage than is found in any other Christian or Heathen Country; yet, in no part of the World, Debts worse paid.   

CHAP. VI.  
Against the Creditors own Profit.  
FOr all means of satisfaction must arise, either out of the Debtors Credit, out of his Labour and Industry, out of the good will of his Friends, or out of his own Estate. And all things that deprive, or disable the Debtor in any of these, do weaken and lessen his Means, and consequently tend to the Creditors prejudice and disadvantage.  
Now, The Debtors Credit is lost as soon as he is made a Prisoner, his Vocation, Labour, and Industry, is denied by Imprisonment. And the Prison makes him become a Reprobate to all his able Friends; for they all forsake him, daily experience proves it. And Imprisonment no way enableth the Means for payment of Debts, but doth absolutely consume the Debtor and his Estate, to the enriching of Lawyers, Keepers of Prisons, bailiffs, and others, who all have Innumerable Arts and Tricks, to extort unreasonable Fees from those poor Wretches, so soon as they have the misfortune to fall into their hands; and against which there is no Redress. For, besides the Prisoners most necessary expenses, for the livelihood and Maintenance of himself, Wife, and Children, while he lies in Prison, and the unavoidable Fees and Charges that he must undergo; he is forced, by reason of his Want, Extremity, and Restraint of Liberty, to trust Friends and Servants with the Sale of Lands, Chattels, or Goods; and with Receipts, and Payments of Money, by whom he is very often Deceived, cozened, or Robbed, as by daily experience is seen; not only to the Creditors prejudice, but many times to the overthrow of the Prisoners Life. As for Example, If the Debtor owe 1000 pounds Principal, and hath Lands or Lease, which may be well worth 2000 pounds; yet if he cannot convert it into Money for present payment, his Body is cast into Prison; there falleth so much disgrace, and disreputation suddenly upon him, and his Estate, that no one Man in the Country will bid him ought for it( how clear or good soever the Title be) only the Lawyer, or his Creditor, is commonly his Chapmen: mary, they will give but half the worth; which the Prisoner,( whose necessity doth not Sleep) cannot refuse. And while these things are in doing, a year or two is spent in hope to Sell to more advantage,( for the Prisoner is loth to Sell his Estate for half the Worth) and in this time the Debts be increased by Use, and the Estate more wasted by the Prisoners own Maintenance, by charges in Law and Chancery, to stop Executions, Outlawries, Forfeitures; that his Estate that was worth 2000 pound, and was double to the Principal Debt two or three Years before, is now so far Consumed, that it will scarce make 600 pound to pay the Principal, Use, and Charges; which in the mean time are grown to 13 or 1400 pounds, besides the overplus of 6 or 700 pounds due by Forfeitures.  
So that it is by daily Experience found, that many Debtors have offered at first, to pay the Principal Debt, or half, or more or less, as their Estate and Means did then enable them; who, after they have been cast into Prison, have been so far, and so suddenly wasted and consumed, by lesser Charges, Fees, and necessary Maintenance of them, their Wives and Children, as they have not been able to pay any part of that, which, before their Imprisonment, they offered, and were able to perform; but have Perished in Prison. And though it be true, that some Debtors have paid their Debts, while they have been in Prison, yet they have been very few; nor were they enabled any way thereunto by Imprisonment; but by some accidental Estate, fallen unto them by the Death of Father, Friends, or Kindred, or by some Sale of Lands, Lease, or other Estate, that could not be made sooner; or by Recovery of Lands, Lease, Debts, or such like; which Time hath ripened, or Accident hath brought to the Prisoners hand.  
The Imprisoning of the Debtors Body, no way enableth the Debtor to give Satisfaction: How preposterous and absurd is it then, to cast the Debtors Body into Prison, where his Estate is wasted, his Credit spoyled, his Fortunes and virtues lost, his Body afflicted, his Life consumed or murdered, and whereby the Creditor bars himself from all Remedy against his Estate for ever; when as the Debtor, though he be not able to pay presently, yet while he is at Liberty, he hath his Credit, his Fortunes, his Friends, his Quality& Endeavours; and is free not only to raise a new Estate to the payment of his Debts, but to advance himself in Services that tend to the Glory of God, and to the good of the King and Kingdom? But it is here objected, That if the Debtor hath an Estate, and Means to maintain him in Prison, Why doth he not pay the Debt, and clear himself out of Prison? Answ. For divers just and weighty Causes, viz.  
It is in general presumed, That no Man can be so voided of Understanding, or desperate of his own Life or Liberty, That will lye in Prison all his days, if( by any, though hard conditions for Flesh and Blood, to undergo) he may be delivered: for either to avoid the shane, Misery, and danger of his Life, by Imprisonment, he will pay the Debt if he can; or the Creditor( whose Heart and Eye is more directed to the State than Body) will not make himself uncapable to seize the Estate, by taking the Body. Hence therefore it is in necessity of reason induced, that the Prisoner hath not Means to pay the Debt.  
2. The Debtor, when he is cast into Prison, hath seriously to consider, whether the payment of all his Estate will clear him or not.  
For to pay all his Estate for part of his Debt, and Perish in Prison for the Remainder.  
Or to pay all his Estate for the Principal Debt, and aclowledge a judgement for the Interest and Forfeitures, whereby he must shortly come to Prison again. Or to pay all his Estate to the Creditor that cast him in Prison, and not to have wherewith to pay others, who are ready to do the like.  
Or to pay all his Estate for a Debt doubled by Forfeiture, when he hath paid the greatest part already; Is no other than to Starve himself in Prison, and consequently, to betray his own Life; which the Law of God and Nature abhorreth.  
Of all these Reasons, the Creditor that cast him in Prison,( who commonly hath the worst and most extortious Debt) will take no Notice, but against his own Conscience and Knowledge, and to colour his Cruelty, clamoureth and crieth out falsely, that the Debtor hath Means to pay; but unconscionably lieth in Prison, and will not pay.  
3. The Imprisonment of the Debtors Body, is the Creditors satisfaction, that keeps him in Prison: And it is the greatest Satisfaction that the Creditor can Exact, and the dearest Payment that the Debtor can make: And the Creditor is thereby excluded from all pretence against the Prisoners Estate; and the Debtor can in no sort be truly said to keep or spend the Creditors Estate in Prison; for if the Prisoner shall pay all his Means, and not be sure to quit his Liberty, he thereby payeth the Debt double, and doth Injustice against his own Life.  
Now in all these Cases( which are the most common Cases and Causes, that Prisoners pay not their Debts) It is a Just, Equal, and Reasonable thing in the Prisoner, not to pay the Creditor; but to keep his Estate, to defend his Own, his Wife, and Childrens Lives from Perishing.  
And therefore, by all the Reasons premised, it must needs be clearly against the Creditors own Profit, to Imprison the Body of the Debtor.   

CHAP. VII.  
To the prejudice of the King and Kingdom.  
TO be found a Debtor in the Law, is no Crime or Violence done against the public Justice and Government; but is breach of Pact and Contract between private Men, whose particular Interest it only concerneth; and therefore, the Wisdom of the ancient Laws of this Kingdom, gave Remedy and Satisfaction out of the particular Estate of the Debtor, properly; but meddled not with the Body of the Debtor.  
The Kings of England, are Kings of Freemen, not of Slaves. And, The Body of every Subject belongeth to the King; and every Subject is a Member or single part of the Body of the kingdom. Now, To take the Body of the Kings Subject, and a Member of the kingdom, and to cast him into Prison for Debt, is no other than to Rob the King and kingdom of their Limbs and Members; and consequently, of the Services and Endeavours of a great number of good Subjects, yearly. And, That it may be seen, how far this Loss or Mischief, done to the King and kingdom, doth extend; let it be first remembered, that there are shut up in Prisons, for Debt, Men of every Quality, Profession, and Degree; of which many have done, and the most part are able to do good Service to the King and State, in one kind or other.  
Secondly, Let the number be considered; for in London alone( by miserable example) is found Seven or Eight Thousand Prisoners for Debt; amongst which, are divers Commanders, and Men of Quality, and good Endowments; who have the same virtues; yet both Men and virtues are buried alive in Prison, with the spoil and overthrow of them, their Wives and Children. And, It is more prejudicial to the King and kingdom, by how much it is more Compassionate; in regard an Honest Man may fall in the Law, by a multitude of Accidents, Errors, practices, Perjuries, Forgeries, and such like, of others; and for doing Honest, Friendly, and Christian Offices, out of Love, Friendship, and good Intention to others, as is before shown; when nothing can be said for the Creditor, but that he Contracted for Usury, covetous Gain, or Forfeiture; things not altogether Lawful among Men, but hateful in the sight of God.  
And this Imprisonment of Mens Bodies for Debt, encourageth the Creditor to give so much blind and desperate credit to Young-Gentlemen; who thereby are fed with Money to serve them in their wild courses; and before they have Age or Discretion to see their Follies, or time to Retract them, are eaten out of their Estates; and oftentimes the Father seeth his Eldest Son run into deep Engagements, yet cannot restrain it; whereby many an ancient House and Family is overthrown, and the Creditor planted in his stead.  
So it is with the Painful and Honest Traders; who, when the Profit of the Trade exceeds not the Interest he pays, yet is drawn along in hope of a better Time, or better Fortune, till the use hath eaten him, and his honest Care and travail quiter out.  
And it is the main cause also, of infinite and unnecessary Trust, otherwise given to Men of all sorts and degrees, through the Kingdom; who finding Moneys to be had, and not knowing, or not fearing the close-biting, and cankerous nature of Use; and being, either out of their own good nature, a little free and profuse, or out of some accidental cause of Suits at Law( or such like) necessitated a little to exceed the compass of their Means, are in a very short time, by Interests and Forfeitures, consumed to nothing, or their Estates so far boared through, and embroiled, that scarce one of an hundred can recover it all their Life after.  
Moreover, This Imprisonment for Debts, is the cause of much Murder and Blood-shed. For, besides the incredible number of Prisoners, yearly choakt-up, and Slain by Idle Life, ill Air, Famine, and Plague; and many times by desperate Executions upon their own Bodies, for the heavy Weight and Miseries they bear; There are many Slaughters and Murders often committed, between the Debtors Servants and Friends, and the bailiffs, Serjeants, and Under-Sheriffs; who, to gain Reward, will venture Life and Limb to Kill or be Killed, for the Arresting, and haling the Debtor to Prison.  
And it may not be conceived the least prejudice to a Christian Kingdom, in that this Imprisoning of Mens Bodies for Debt is the only Nurse and Support of Extortious Contracts, which God cannot abide; and it is the only spoil of Charity amongst Men, which God most loveth: Who can tell how far the Wrath of God is kindled against this Kingdom, or how much prejudice it hath, and may receive, for knowing, and not doing these things, and not Reforming them?  
If the Creditor had not these Imprisoning privileges to prevail upon the Bodies of Men; then it would follow, That the Debtor, though he had paid the Creditor all his Estate, yet having his Person, Qualities and Endeavours free, his Friends constant, and his Credit unstained with the Prison, is still able, ready, and fit to do Honour and Service to his King and Country, and to win and purchase himself a new Estate, to the payment of his Debts, and advancement of his own Fortunes. But if he be once foiled with the Prison, he is disabled to pay any Debt, to raise his Fortunes, or to do his Majesty or Country Service.  
And again, If the Recovery of Debts were to be made only upon the Debtors Estate; then it would also follow, That Money would be employed in Lands, and lawful Trade; whereby the Poor in Town and Country, would be more and better set on work: And Honest Trade( that most advanceth the Honour, Strength, and Wealth of a Kingdom) would be amplified; Charity,( the Mother and Root of all other virtues) would abound, and shine out every where in her ancient splendour, and pull down the Blessings of God more plentifully upon this Kingdom and People: Truth, Honesty, and a good Name, would be the highest Ambition: Charitable and Friendly Borrowing and Lending, would be frequent: And Honest-dealing Men best employed and Esteemed.  
All which, is Humbly offered to the serious Consideration of good Christians.  
FINIS.