1. BEcause attaching the person doth secure the Plantiffs debt, either by present payment, or causing other satisfaction, which the proceedings by summons doth not; and as a man will give all for his life, so he will do much for his liberty.

2. When men are detained upon the Arrest (which is but seldom, for few are arrested in comparison) and then it is ordinarily but for a short time, untill they have given security to answer the Action, or some Warrant to appear.

3. If men may not proceed by Arrest, it will much hinder Trade, and other dealings; for men will not adventure to trust, where there is much liberty for the Debtor to stand out; and Merchants, and Tradesmen, many times look upon the person as the best security, and the remedy by Arrest the speediest to gain their debts: without which Trade will necessarily decay.

4. The Process to arrest, doth end most Suits before the person be attached, and before appearance, as experience doth shew; for when men will not regard a summons, they will take course before they will suffer an Arrest.

5. Men will take occasion from the summons (as formerly they have done) to be gone from one Countrey to another, 2. H. 3. ca. 23. and to make away their Estates, and though the Plantiff know it, yet he cannot help himself, which the Arrest doth prevent: and the Law-makers of this land have ever held it more reasonable, to provide for the sa­tisfaction of the Creditor, then the liberty of the Debtor.

6. England is an Island compassed about with many Port-Towns, where there are many Merchants, and men that go abroad, and trade by sea, who buy Wares upon cre­dit? and there will be continual occasion of Suits against divers persons of this sort, who will not much regard the summons, but will betake themselves, and their E­states to Sea again, and the Creditor can have no remedy? whereas if the parties be attached, they will make satisfaction,

7. Whereas divers Tradesmen subsist upon their credits, and take up great sums of money, for which they can give no other security then their persons, and by advan­tage thereof, many times attain to great Estates; but if the process of Arrest be taken away, they can hope no more to be intrusted, which apparently tends to their ruine.

8. Iath. 5. 25. And that proceedings by Arrest may not seem at all cruel, or unjust; we find both Presidents and Approbation of the like, and greater severity in the Old and New Testament: Iath. 18. 25. 9. as selling the Debtor, his Wife and Children, and all that he had to make payment, and of taking, and casting into prison for debr, untill the utmost far­thing were paid? and yet this course was not condemned among the Romans (so much they loved Justice) nor by Christ himself in the New Testament, who bids, agree with thy Adversary quickly, King 4. 1. 7. before thou come to the Judge; and God, who will have that which is right to be done among men, was very carefall that his own people should pay their debts; evir. 25. 39. and therefore if any were indebted, though they were poor, and could not pay, yet the Creditor might take the Debtor, and his Children to be his bondmen, rov. 10. 16. or servants; and might take mens garments from them, and the bedding whereon they did lie, from under them, which was a far greater punishment then our light Arrests: rov. 22. 27. and the prison with us is but a gage, ot pledge untill the Defendant take course to answer the Action according to the Law.

9. Men ordinarily begin Suits upon necessity, and Debtors generally are called upon before any Suit is commenced: which indeed is in the nature of a summons, but yet neither this, nor the lawful summons doth drive men to take any course, until the process of Arrest issue forth, being more compulsory, and a more speedy remedy for the Creditor, then the summons was found to be, as appears by sundry Statutes, which are more provisional for the Creditor who is always out of his money, then for the debtor, who seldom well spent it, [...]. H 7 cap. 9. nor hath care to repay it.

10. And if by any new way upon meer summons only, and default, Judgement shall be had before appearance (which course the Law doth not countenance) then the grand pillar of our common Law, the trial by twelve men (which the Law doth much honor and favour) will fall to the ground; for much business will rest wholly upon the Affidavit of a summer, or the like, which will be a means to multiply Suits, and is in an unsure course, and will induce more perjury into this nation, then our Law would ever fore this time give an inlet unto; and therefore former Parliaments providing against delays by Summons, did not give Judgement upon default, but found out a speedy remedy by Arrest to bring the Defendant to his answer.

11. By the Law a Capias ad satisfaciend. doth not lie, but where there is a Capias ad respondend. first: and there is as great reason and enquity for the Arrest to answer before Judgement, Rep. fol. 12. as for the Arrest to satisfie after Judgement, because the Capias ad respondend. doth compel the Defendant to take notice of the Action, to which he may plead if he will, and doth secure him that he shall not start, so that when the Capias ad satisfaciend. doth issue forth, there is left no colour of just exception for the De­fendant: but on the otherside, if Judgement shall be entered upon a supposed summons, there will be many grievous complants, and the succeeding evils will hardly be redressed, many will be undone, and Suits will be multiplied.

12. Experience doth shew that the benefit of the process of Arrest hath been very great to this Common-wealth: and all the Statutes which have mentioned it from time to time have given a larger extent unto it, then before it had, and none have abridged it in any thing, which is now of great antiquity, having been for many ages the best remedy (for the people to recover their debts, and to compose other differences) that our Ancestors could divise.

13. The subtilty and subterfuges of debtors having made the process of Arrest now more necessary then formerly, [...]dditional. there will be reason rather to add to the remedies provided for the creditor in former Parliaments then to dimish them: [...]easons. and if any inconvenience by this so necessary a course happen to the Debtor, yet will the taking it away prove more prejudicial to the Plantiff, who is the party injured, and in reason, his case to be prefered and favoured.

14. If mens persons be exempted from Arrest, it will wrong multitudes, who have taken already the persons of men for their best security, which cannot be remedi­ed, except warning aforehand had been given to the nation, of this great alteration of the Law, and except men have sufficient notice some good time before this great change come, that so they may (if possible) altar, and obtain other security, then now they have: the losses and complaints will be very many and great, for the person is commonly the best, and in many cases the only security, so that this sudden intended alteration, will not only weaken all mens security, but quite destroy all the security that many have.

15. If the person may not be attached, the Plantiff will be put to find out the Defendants Estate, which will be a great trouble, and in many cases cannot be done.

16. A very great part of our Lands are Copy-hold-tenure, and not liable to pay debts, nor can be without manifest, wrong to the Lord of the Mannor; and ano­ther great part is Land, either intailed, that the Heir is not liable, or else is made over to others upon consideration; and if the person may not be attached, the Creditor can have little, and where there is Land, and the Plantiffe have a Judgement, he can have but the moity, which doth seldom satisfie.

17. It is injustice to protect any mans person from paying a just Debt, for no man may protect another from making good his own bargain, and contract without sin: and it is against the Law of Nature and Nations.

18. It will easily appear that Arrests for Debt, and for other things, were granted upon the peoples Petition, for the common good, finding a necessity of it for the promoting of Trade, and avoyding of Collusion among themselves.

19. There is no Process that will so much keep the people to their Contracts and Promises, and that without delay, and before Judgement can be obtained, as the Process of Arrest doth, being the most co-erceive way, and that which doth over-awe the worst of men.

20. To exempt the person from Arrest, will much gratifie that sort of people, who want honesty to pay their Debts, and will be glad that their persons may be free, they will be sure to have nothing before-hand, lest the Creditor should finde any thing, whereas the fear of a Prison, or Arrest would make them follow their Callings, spend less, and save something to pay their Debts.

21. If the person may not be attached, servants will grow licentious, men will have liberty to quarrel, fight, and commit trespasses, and despise the Magistrate, and all good government, more then ever they had, whereas the Law did never protect any mans person that did not keep the peace.

22. By exemption from Arrest, a very great part (if not the halfe) of this Nation that have neither Land nor other visible Estate to answer their under-taking, can nei­ther borrow money, nor Trade, nor be compelled to do what the Law requires of them.

23. At Gen [...]va, [...]aws of New [...]ngland print­ [...] at London, 1641. and in all Foraign Nations known to us, the Body, Land and Goods, are liable to pay Debts, and if the Creditor have seised upon all the Estate, and have not satisfaction, he may keep the Debtor in Prison if he will, nor is the present government in New England without Arrests, where every Court hath Ministers of Justice to attach and fetch persons before the Magistrate.

24. There was never any Nation that did with more vigor and zeal endeavour the expulsion of Tyrants, and the maintenance of the people in their Liberty, then the Athenians and Romans, and made the best Laws, yet the Athenians did Arrest for Debt before Judgement, as may appear by divers passages in some of their Authors yet extant, and the like was done by the Romans after the expulsion of their Kings, as may appear by the lawes of the twelve Tables, and collections of divers Civilians and Antiquares, and the same practise was used among the Romans in after-times, as may appear by some old Lawyers in the digests of the Civil Law.

25. In 2. R. 2. Robert de Henley Esquire was Arrested at Westminster, at the time of Mass, and went into the Abbey for protection, the Officers followed him, and upon resistance, he and his men were both slain, the Clergy made a great complaint in Parliament (as appears by the Parliament Roll) that the priviledge of the Church was infrin­ged; and that a great affront was given to the Popes holiness; upon this the King being moved, the Lords and Commons alledged and called the Judges to witness, and vouched Records, that it was against the Law of the Land to protect any from paying their Debts, and the great Divines and Lawyers of those times being called, resolved the King upon their Oaths, that neither God himself, saving his perfection, nor the Pope saving his holiness, nor any King could protect any man from paying his Debts and at that time they judged it a sin to protect such, because it was a sin for a man not to pay his Debts.

Object. If it be objected that it is a great trouble to get mens persons attached, and therefore the intent is but to take away the Arrest before judgment only, and not after.

Answ. Experience is the wisest guide in this matter, which tels us that it will be much more difficult after Judgment to Arrest then before, and more unsafe for the Plain­tiff to rest upon that, because the Defendant hath notice of the Judgement, and may (having time) easily absent himselfe, and therefore upon the first Arrest (which com­monly is not known before hand) for the good of the Plantiff the Common Law doth provide that the Defendant shall (if the Plaintiff and the Cause require it) give suffi­cient Bayl, that if Judgement pass against him, then he shall either pay the Debt, or yield his body to Prison, or else his Bayl are to make it good, without any Arrest after Judgement, so that it is of great consequence for the Plantiff to have liberty to attach the person before Judgement, for by this means he hath a double security, and is more encouraged to proceed to Tryall, otherwise he might lose all the fruit of his Judgement, which is by this meanes prevented.