Reasonable Considerations, touching imprisonment for Debt, Penall Bonds, and Vsuries.

1. That by the ancient Common lawes of this Kingdome, no man free borne ought to be imprisoned for debt.

It is one of the great fundamentall Lawes in force to this day.

It is the common Birth-right of euery man. For life, libertie and dower are the maine and principall things which the Law of the King­dome doth chiefly and absolutely intend to preserue and maintaine aboue all other.

2. The body of euery subiect is the Kings, for his owne and the Common-wealths seruice; not onely in the right of the absolute and transcendent power of his Maiesties Crowne, but by the very Law it selfe.

The Statute by which mens bodies are imprisoned for debt, is short and obscure, without cause, circumstance or reason expressed for the same. And there were no penall Bonds or Vsuries knowne or practised by Christians in those times.

Nor doth it any way appeare that these two so great and maine rights of the King and Subiect, were had in thought or consideration at the making hereof.

It may be doubted therefore whether that Statute be of power and value to destroy so great rights, against the ancient fundamentall Law, and against the ancient Crowne Rights, without mention, repeale, or reason alledged.

3. That nine in ten parts of all the debts for which men are kept staruing in prison, are vsurious and corrupt loanes and contracts, or for­feitures vpon penall bonds and engagements, which are things pronounced extortions, odious and detestable sinnes, forbidden by the lawes of God and man, as the Statute de Iudaismo and diuers others doe shew.

4. Nor is the tenth part of the summes; recouered by Iudgements at Law (and for which men are kept staruing and perishing in prisons) iust or due debts, but are in truth small principall debts, or small remainders of great principall debts, multiplied to incredible height by for­feitures of penall bonds, counterbonds, counter-securities, &c. all which yet the prisoner must pay, or starue in prison for. Here are very many strange and incredible examples of this kind.

5. That the Law it selfe seemes too hard, in that it iudgeth and striketh with the sword of execution, vpon hearing the actuall parts onely of mens causes, and reiecteth the equitable parts (which yet is one halfe of the cause.)

The other eare of Iustice for hearing the other halfe, is in the Courts of Equitie, which are far off, and so full of trouble, charge and delay, as the remedie cōmonly proues worse then the disease, as many men (who are no prisoners) know by experience. For the Law is sent and mi­nistred in euery Countie, but there is no Court of Equitie for the Defendant but in London onely.

6. That no Christian Country imprisoneth the bodie for debt, but England only: but as soone as the Debtor doth relinquish all his estate to the Creditors, his bodie is free from imprisonment, and he stands liberatus à debito. And yet hee shall be restored backe his wiues Dower for her and her childrens liuelihood, and the necessary meanes or instruments of his profession, trade or qualitie.

Nay, this our imprisoning Statute exceeds the Turks and Mahometans, where the Creditor may imprison the Debtor, but then hee must keepe the Debtor and all his family with sufficient maintenance, lest any be starued by reason of the Debtors imprisonment.

All which reasonable and charitable considerations the Statutes of England haue not hitherto prouided for.

7. That this practise of imprisoning mens bodies for debt, tendeth not to the good of the Common-wealth, but to the aduancement and increase of Vsurers and vnconscionable dealing men in an vnlawful calling, who (as the ancient Iewes of this Kingdom) haue gotten so great a portion of the maine stocke and common moneys of the Kingdome into their hands, that vpon any extraordinary chance or occasion that discourageth or displeaseth them, they make a dearth of money at their pleasure, to the infinite hurt and preiudice of the Common-wealth and common commerce.

And who seeth not, that if there were no gain by loane of moneys, there would be free and friendly lending and borrowing, to the increase of loue and charitie amongst all, and of freer and more gainfull trading: but this gaine by vsurie, shutteth vp the hand of all good and Chri­stian offices amongst men.

And it is not to be doubted, but that the great vsury which is gotten in England out of all sorts of trades, is the true and reall cause that the Low Countries and other Kingdomes and Common-wealths thriue, advance, and outstrip vs in trade and nauigation, though we abound and exceed all the world with the best matter, meanes and place, for both.

8. That prisoners for debt are willing and desire with the Vsurers, that fraud and cozenage may be made fellonie, not only for the future, but for the past and present times also, so as the Vsurer or Creditor may lose his debt, and pay costs and damages for the slander (according to the qualitie of the Debtor) if he faile in proofe.

9. That imprisonment of the body is needlesse; for it neither is or can giue satisfaction to the Creditor, though he starue it by imprison­ment.

Besides, it destroyeth the Debtor in his credit, friends, qualitie and trade, in his rights and suites; it consumeth all his meanes to keepe him­selfe in life; and to pay fees and vnconscionable pretences, for fauorable vsage of Bailiffes, prison-keepers, and such as liue vpon the ex­tremities and necessities of prisoners.

Nay more, it destroyeth the Debtor his wife, children, and all that is deare vnto him; yea commonly his life and all: for there haue died within these twelue moneths aboue lxxx persons in this prison alone, by want and infection; besides many then preserued by the vse of the writ of Habeas Corpus. So that it is hereby manifest, that life, libertie and dower, which the law intendeth chiefly to preserue, is by imprison­ing the bodie for debt, ouerthrowne and destroyed. And yet after ten or twentie yeares imprisonment, in which the prisoner hath suffered more misery then the highest criminall offender, there is not come one pennie thereby into the Creditors purse, nor one pennie discounted of the Debtors debt.

10. If Creditors were to take their satisfaction vpon all the Debtors estate, without imprisonment of the bodie, (as by the ancient funda­mentall lawes and practise of other Countries,) then it would follow that the Debtor, though he had departed all his estate to the Creditor or Vsurer, yet hauing his person, qualities and endeuors free, his friends constant, and his credit vnstained with the prison, would still be able, readie, and fit, to do honor and seruice to his King and Country, and to win and purchase to himselfe a new estate, to the aduancement of his owne and his posterities fortunes.

In all humilitie therefore, they pray your most sacred Maiestie and Parliament to take the premises into consideration, that satis­faction of all iust debts may be taken vpon all the Debtors estate, as a thing most iust and proper; and that mens bodies may be set free, as a thing most agreeable to the lawes of God and man, to Christian charitie, and to the aduancement, good and honour of this Kingdome, and to the preseruation of the liues of thousands of able and well qualified subiects, which yearely pine and pe­rish in the Prisons of England onely.

That your subiects and all posterities may euer blesse and pray for the increase of your Maiesties health and happinesse, and the prosperitie of this most hopefull Parliament.