To the Right Honorable (his Excellency) Oliver Cromwel, Lord Generall of all the Forces raised in England, Ireland, and Scotland, for the regainment of Englands long lost Liberties, and to the Ho­norable Tho. Harrison, Major Generall, and to the whole Councell of State sitting at White-Hall, J. F. wisheth health, and increase of true ho­nor in the Lord Jesus here, and eternall glory in the glorious world to come.

Right Honorable,

AS for many years past (by the good hand of my God) I have been drawn forth for the publike, Whatsoever is not of Christ, is assuredly of the Divel, but cruelty, oppression, and mur­thering of men and women in Prisons, Goals and Dun­geons, is not of Christ; Therefore of the Divell and his servants they are, (that so do) whose will they act, and to whom they obey. All Felons are baylable, and not to be imprisoned before Iudgement hath passed of their crime, fo. 73. and not for self-ends, Those that imprison a free man, or blemish his credit, are by the Law infamous persons, fo. 192. so I desire still to persist to the glory of his great name, and this my countries welfare, being also stirred up thereunto by your (hitherto) most Chri­stian proceedings, Multitude of Clerks not to be permitted, fo. 246. and revived in my spi­rit by the great hopes I do retain of your faithfull perseverance to the perfe­cting of this good work by you taken in hand (for the calling a new Representa­tive) to the glory of God, No Writs of Accompt to be issued forth, because none may imprison another wrong­fully, fo. 247. the advance of the Kingdome of Jesus Christ in true Justice, Judgement, and Mercy, and the restoration of this your Native Coun­tries Birth-rights and Liberties.

Upon that accompt I am incouraged most humbly to present these few lines to your pious wisdome, No Right in Iudgement to be sold for fees or bribes, fo. 258. and Christian consideration, hoping that your faith and zeale for Gods glory and this your Countries peace and tranquillity, will speedily appear by your works to all the inhabitants of this Land, From the dayes of Alfred, King of England, to the time of Edward, Nationall Councells were held twice in the year. Reasons shewed, That the new Statute for the imprisonment of men for debt, is Evill, Illegall, and quite contrary to the Fundamentall Law, reason, and the liberty of the people, fo. 283. 284. whereby all your friends in the Lord will have great cause of rejoycing, and your enemies will be inforced to acknowledge and say, that of a surety God is in you, and that he the only Lord of Hosts, See that antient famous Law-book called, Mirror of Justice, fol. 6. the God of Israel, hath done very great and ex­cellent things by you for this poore inslaved Nation under the Norman [Page]yoke, of 587. yeares continnance.

And therefore I do most humbly and heartily (in the Lord) beseech you to consider.

That it is deliverance from this Nor­man yoke of bondage and slavery, Justice and Right was then done truly, and all causes of controversie determined within fifteen dayes, fol. 8. your selves, and the people of God in this Na­tion have fought for, to the hazzard of yours and their lives, the vast expense of treasure, and effusion of a Sea of bloud, None to be hang'd for theft, nor imprisoned for debt, fo. 192. 257. that notwithstanding the innumerable blessings of God (through your indefa­tigable endeavours) conferred on this Nation, and the severall vowes and pro­mises made by the late Parliament to this Nation for the restoration of their antient Rights and Liberties, as by their Declaration of the seventh of April 1646. No Action to be entred nor received to Judgement, un­lessesecurity was first given to make good the plaint, and costs and damages to the Defendant, if not made good, fol. 14. 233. 257. False Witnesses are to die the death, being attainted of a false appeal, fo. 228. and March 1648. appeareth; yet hitherto that great unsupportable and unparallell'd bondage of Arrest, and imprisonment of men and womens per­sons, is still continued, whereby the li­berty of the persons (a point of highest concernment to the people in general) is left open to the violent, It is man-slaughter for any Officer to suffer the poore to starve, or perish, and not to relieve them, by setting them on work, fo. 228. barbarous, and de­structive usage of every covetous curlish Naball, and most inhumane cruell op­pressor, and the prosperity of the Law­yers, and their selfe-seeking adherents, hitherto preferred before the peace and well-being of this great Nation, the dangerous consequence whereof is legi­ble to all, in this Maxime (what befalls one man to day, may befall another to mor­row.)

All imprisonment for debt, Imprisonment of men till they die in prison, is man­slaughter by the Law, fol. 27. 28. 30. 274. Corrupt Judges were then punished in the same manner and measure as had been by them unjustly adjudged, or inflicted upon others. folio 207. being clearly an incroachment upon the Com­mon Law; and therefore (in the first place) fit to be rectified at this time, and in this year of Englands Jubilee, 1653.

And as at present (through mercy) the spirits of all do partake of Christi­an [Page]liberty, so is it as requisite and just, that our bodies (being the mansion houses of our spirits) may enjoy liberty, and not to be buried alive in the severall most filthy noysome graves, None to be imprisoned, but for Felony, Murther, and Treason, fo. 29. 57. 231. 73. 274. Also Hen. 3.1218. called Goales, Prisons, and Dungeons.

That Liberty from the late Norman thraldome, Felons escape out of prison is no mortall offence, because warranted by the Law of Nature for safety, fo. 226. is the due birth-right of this Nation, No Iudge nor Officer is to take any fee of the people, nor reward, fo. 64. appeareth by the severall Sta­tutes of this Land, from King Alfreds time, to the third year of this last King Charles, and was also acknowledged by all the Judges of this corrupt age, in the case of Sir William Herbors, reported by Sir Edward Cook, Lord Chiefe Justice, where it was resolved, None to be imprisoned, but onely for mortall offences, fo. 73. that by the Com­mon Law, Any Judge once doing wrong, is never more to be obeyed, fo. 230. (which is to be understood the Great Charter of England) neither the body, nor Lands of the Defendant are liable to execution upon judgement for debt or damages (à fortiori) there­fore not to arrests and imprison­ment upon any Mesne Processe whatso­ever, Goales and Prisons ordain­ed for mortall offenders on­ly, fo. 72. Goalers punishable for plun­dering prisoners, exacting maimes from them, as put­ting them in irons, fo. 231. for that every man is an innocent person in the eye of the Law, untill con­demned by it.

How unreasonable and unjust a thing is it then, Goalers to be severely pu­nished for detaining any Fe­lon in prison after his ac­quittalls; and if the Felon die in Goal, being acquit­ted, then the Goaler is to be hang'd, and is to lose his place for exacting maimes from the prisoners, or for putting any of them in i­rons, fo. 231. that any free man of England should suffer imprisonment upon a Capi­as, (which is the utmost punishment the Law can inflict upon any Malefactor) be­fore he be condemned by the Law.

It is therefore most clear, A Pleader (or Lawyer) once attainted of false pleading, or maintaining a­ny unjust Action or Cause, is to suffer bodily punish­ment, fol. 230. that all the Statutes and Judgements which have subjected the bodies of men and women to arrests and imprisonment, are diame­trically opposite to the Law of God, to reason, to charity, and to the Great Char­ter, being the Fountain of all the Funda­mentall Lawes of England, therefore void and null; for that the body kept in an i­ron Cage (as a bird) cannot yeeld satis­faction for any debt, any other ways, nor by any other means, then by liberty and [Page]industry in some calling.

For that Charter is to be interpreted by it selfe, Judges to suffer death for pronouncing false Judge­ment, fo. 239. and not to be infringed by the innovating Lawes and opinions of Judges, that lived in the cruell tyranni­call inslaving times, If Iustice thus take place again, wo then to all our Goalers, Prisons, and Counter-keepers of this age, by whom thousands have been thus destroyed. whose wrested con­structions (of this very point in question) hath ever tended more to the filling of their own purses, No Goalers to keep a prison to the dishonor of the State, fo. 214. and the purses of their adherents, with the unjust gaine of de­structive contention, and by tossing and tumbling of men and women from one prison to another, and upon Habias Corpus, and Commitments, then to the due administration of Justice, according to the just rules of the Common Law of England.

Wherefore upon very just reasons found­ed on the birth-right of this Nation, A Iudge that shall delay to relieve a prisoner, and he that imprisoneth any man till he die, and doth not re­lieve him, are both man­slayers, fo. 30. He hang'd Iudge Hall, be­cause he saved Trustrom (the Sheriff) from death, who bad taken to the Kings use from some men their goods against their wills, for that such taking and robbery hath no difference, fo. 241. & judgments passed by any against any one point of the Great Charter, (in point of this Nations Liber­ty) ought to stand and become as Null: and all the offenders are punishable in their estates and lives for murthering of so many thousands, and robbing this whole Nation of their just Liberties; for if any one absurd errour be admitted a­gainst our liberty, a thousand will fol­low, as at this day wofull experience shew­eth; and the perishing lives of thousands of families can testifie.

I do therefore in the behalfe of this (still inslaved) Nation, Alfred King of England hang'd 44. Iudges in one year, for oppressing the peo­ple by false Iudgement, fo. 240. become a most humble and earnest Suitor unto your Excellency, and to this great Councell, He hang'd Judge Athel­stone, because the judged Herbert to death for an of­fence not mortal, fo. 240. by whom the Lord hath done very great things for this Nation, to the admirati­on, yea to the astonishment of all Eu­rope, and by his powerfull actings in and by you, he hath made you to become Englands glory, and Europes wonder, by putting down the high and mighty, and exalting the humble and meek: Behold [Page]this is the Lords doing, He hang'd Iudge Rolfe for hanging a Felon for escaping out of pri­son before conviction, fo. 240. and it is marvellous in our eyes, and in the eyes of all Nations.

That by some speedy course all the poor op­pressed in the Land may be relieved and right­ed, He hang'd Iudge Di­ling, because he caused Eldon to be hang'd, who killed a man by chance, fo. 242. the inslaved out of all prisons forth with set free from the iron bands of their illegall and most cruell captivity, under which they are still oppressed, yea pressed to death.

That the abhominable tyrannicall Writ Ca­pias may be forthwith abolished, Iudge Th [...]lwell was imprisoned for impri­soning a man for an of­fence not mortall. and the most antient justifiable common course for levying of debts on mens estates may be restored, it be­ing indifferent to all that live under one com­mon Government, to take such apt remedies one against the other, (for all just debts) as the wisdome of our Ancestors thought fit and u­sed, Iudge Belling was hanged for judging Le­ston to death by fraud. that so Foxes, Wolves, Bears, and Tygers, Iudge Oswine was hang'd for judging Fulk to death out of Court, fo. 242. (I mean wicked Lawyers, Bayliffs, Serjeants and Goalers) may thereby be prevented from ra­vening any longer on the bodies of men and women, whereby their estates for many yeares past, have been and still are a prey unto such in­satiable. Monsters of Cruelty, and the oppressed, their wives and children, are thereby exposed to famine and misery.

The faithfull and speedy accomplishment of this will inable many thousands (yea all) by their liberty, Iudge Seafold was banged for judging Ordine to death, for not answering. Iudge Muckline was hang'd, because he hang'd Hellgrave by a Warrant of Indictment not speciall, fo. 242. to use wayes and meanes of indu­stry to serve their country, labour in their seve­rall callings, make provisions for payment of all just debts, and live peaceably and charitably one with another in this Commonwealth, Iudge Arnold was hanged for saving a Bayliff from death, who had robbed the people by distresses, and for selling distresses, and for extorting fines, fo. 241. to the glory of God, and to the honor of the Eng­lish Nation, which hitherto for these her cruell practises, bears the burden of a great reproach, and is therein condemned by all other Nations, both Christian and Pagan; let the cause be there­fore taken away, and then the effects will cease.

The accomplishment of these particulars in the speedy dissolution of all prisons for debt in the Land, and the due administration of Justice to the people in every County, Hundred, and [...] [Page] [...] [Page] [Page]Town Corporate by the Neighbourhood (so as no man may travell from his habitation above four or five miles for Justice, and not a hundred or two hundred miles, Iudge Therborne was hanged, because he had judged one Osgat to death, for a fact where­of be had been acquit­ted before against the same Plaintiff, which acquittance Osgat ten­dered to approve by oath, but because be did not aver it by Re­cord, Iudge Therborn would not allow of the Acquittall which was tendered to him, fol. 242. as now) will advance the Kingdome of Jesus Christ, Iudge R [...]wood was imprisoned for impri­soning a man for a debt due to the said King Alfred himself, fo. 244. peace and hap­pinesse to this Nation, and work the totall downfall of Satans Thrones of Injustice, ty­ranny, and oppression, and of the quarterly faires kept at Westminster, (by the illegall ingro­cers of pretended Justice) where men are daily bought and sold in their estates, rights, and li­berties, and where a bit of parchment and wax (but of the reall value of one farthing) is by them sold to the people at severall rates, Iudge Perine was hanged for suffering a man to die in prison, whom he had imprison­ed for an offence not mortal. viz. from 2.s. 9.d. 4.s. 1.d. to 2.l. 3.l. 4.l. 5.l. yea 10.l. hath been given (in a long vacation) for one Habias Corpus by many people.

Behold therefore and see, are not such men workers of iniquity, doing wickedly, by plead­ing falsly (in the presence of the Lord) against the poor, and the oppressed, making thereby empty the souls of the hungry, and causing the drink of the thirsty to faile, Iudge Athulfe was hanged for causing Coppine to be hanged, before he was 21. years of age, fo. 240. their weapons whereby they murther the innocent, are Pens, Ink, Paper, Wax, and Parchment; yea they un­do the poor with lying words, overthrowing the cause of the righteous in judgement, and spinning out the thred of one suit in Law, to twenty, thirty, yea forty yeares continuance, thus making the remedy worse then the disease of oppression; and when the pulses of one of their Clients beats slow, and the other Client is quite spent, so as he can neither kick nor winch (as some of themselves have said) then they con­sult to tye these two together, by a Commissi­on, Iudge Marks was hanged for judging During to death by 12. men, who were not sworn, fo. 240. into the Country, there (amongst their friends) to provide more money against the next Term, and yet these persons in the pre­sence of their Clients seem to be as Adversaries one to the other, and at the Bar plead and main­tain that for truth, which their own conscience tells them, Tongue thou lyest.

Break their present power, He hanged Iudge Wul­ster, because he judged Haubert to death, though it was at the suit of the King. O God, cast them down to the dust (as the Prelates were) and let their houses of wickednesse (called Inns of Court) become habitations for the poor, that so Judgment may dwell in our Cities, and Justice in the fruitfull field, He cut off the band of Iudge Hulfe, because be did not cause the hand of Armock to be cut off, who had felo­niously wounded one Ricbald. fo. 245. causing the poore to re­joyce, and the oppressed to sing for joy of heart, then the work of Justice shall be peace to all, and assurance of quietnesse, yea deliverance from their great Oppressors, Lawyers, Impropriators, Lords of Mannors, cruell revengefull persons, churlish Naballs, and all other sons of Beliall.

So shall God be glorified, He caused Judge E­dulfe to be wounded, because he judged not Arnold to be wounded, who had feloniously wounded one Aldens, fo. 245. your honoura­ble Name, and names (as Israels Deliverers) recorded, and this whole Nation comforted, and ever ingaged to blesse God for you their great deliverers; stick fast therefore unto the Lord your God in this work, as you have done unto this day, for behold, the Lord hath cast out before you the great and mighty, He hanged all the Judges in every Coun­ty, who had falsly sa­ved a man guilty of death, or falsly hanged any man against Law, or reasonable excepti­ons, fo. 243. and none of them have hitherto been able to stand before your face.

Take good heed therefore, and love the Lord your God, and cleave not unto the Generation of cruell men, Joshua 23.8. 9. 10. 11. Then shall ye be my people, and I will be your God, saith the Lord God, Jer. 30.22.

These particulars aforesaid (most noble and victorious Sir) together with my more then ten yeares cruell sufferings undergone, The Lord God of Iudgment, Iustice and Mercy, grant that such Justice may take place again in this Land, to the terror of all cruell oppressors, and to the reliefe of the poore op­pressed, that so these great and powerfull ravenous Wolfes may not devoure the poore and innocent Lambs a­ny more, by making their persons and e­states a prey unto their teeths (as bitherto they have done, and where­in they glory;) for the truth hereof, I do ap­peal to all the people of England, who have for these many years longed for deliverance from these their bitter pangs and throws, and for the enjoyment of their freedom, peace and hap­pinesse; witnesse the many hundreds of Pe­titions presented from severall Connties, and also from sundry per­sons, to the late Par­liament, from time to time these 12. or 13. years space, to the same effect, who were not so wise, as to consider that the poore laborious feet support and carry the head, and not the head the feet, and therefore in the first place the poore feet of the body and head, are to be cherished and strengthened for the better support of them, both in their Walkings and National progress. For if the Lord had not been on my side, and stirred up your No­ble spirits for my deli­verance from thraldom, mine enemies had swal­lowed me up quick, for they were too mighty for me, and kept me locked up in one cham­ber above five years, viz. from February 1645. until April 1650. in the Fleet Prison, London, without any just cause by them shew­ed to this day for so doing. from the hands of cruelties powerfull instruments, (for my severall services most faithfully per­formed for the State, yea sundry times to the hazzard of life) I do without any desire of re­venge on my cruell Adversaries, most humbly refer to your grave wisdome, and pious conside­ration, beseeching the Lord to be still the pro­tector of you, by whom he hath done wonder­full things for this Nation, under his sacred wing of safety, and your sole Director in all your undertakings, to the comfort of all those [Page]that wish well unto Sion, and to the amaze­ment and confusion of his and your enemies. This is, and hath been the constant desires of him, who in all faithfulnesse subscribes himself,

Right Honorable,
Your Excellencies, and his Countryes
servant in all readinesse (during this
short time of his fraile being in
this world of misery) to serve you
in the Lord Jesus.
J. F.

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