To the High Court of Parliament of the Common-wealth of
England, Scotland, and
Ireland.
The humble Petition of the Prisoners for Debt in the Ʋpper-Bench Prison.
THat your Petitioners should be as truly sensible of the late Gratious Acts of Parliament, and Ordinances made for their Reliefe and Liberty (were they duly executed) as some of them are of their sixteen years imprisonment. many of your Petitioners having taken their Oaths as poore, in October 1652 and others before the 20. of October 1653.
Since that, many others of your Petitioners have been committed, not being capable of the benefit of the said Acts, and Ordinances, for obtaining their Liberties, though poore.
That such of your Petitioners as have taken their oaths as poor, in the yeare 1652. and before the 20. of October 1653. have ever since been obstructed of their Liberties, by r [...]ason of their great necessity and want of money, to prosecute their liberties, by suing forth Writs of habeas corpus (which have been denied) and after them Writs of scire facias to summon their Creditors, to shew cause in the Upper-Bench Court at a certaine day, why your Petitioners should not be freed from imprisonment (having taken their oathes as poore) according to the said Acts and Ordinances as aforesaid, and after the return of the said scire facias, Writs of Supersedeas to free your Petitioners from imprisonment absolutely, but the charge thereof is so great, that your Petitioners have not been able to undergo the same.
That your Petitioners have likewise by Petition made their addresses severall times since the beginning of August last, for Reliefe and Liberty, to the Judges appointed for Reliefe of Creditors, and poore Prisoners, London, &c. (many of them having spent five pounds apiece and upwards) though with much difficulty borrowed of their friends, in orders of summons, and serving them upon their Creditors in remote Countreys, Councellors, Clerks, and Solicitors fees, Waiters wages, and other expences, too heavy and great for your Petitioners to disburse, not having the same: some have been ten, some twenty times before them, and not yet discharged, though very poore; so that all your Petitioners endeavours have proved in vaine: and also many other of your Petitioners have delivered to the said Judges, particulars of their Estates upon oath, yet still detained in Prison.
That in effect all Prisoners for debt in this Commonwealth (being capable of the benefit of the said Acts and Ordinances) (except your Petitioners and some others, in and neare the City of London) are by force and vertue thereof, already freed and discharged from imprisonment.
And forasmuch as your Petitioners humbly conceive the said Judges are not as yet fully impowred to examine and determine all Causes whatsoever, upon Judgements and Executions, though illegally obtained, in differences between Creditors and Prisoners.
Your Petitioners therefore humbly pray, that the said Judges may forthwith be impowred to examine, heare, and determine all Causes and differences whatsoever, betweene Creditors and Prisoners, (the said differences to be delivered to the said Judges in writing) to be adjudged and determined without pleading of Counsell, in regard both chargeable and impertinent, and hath been prejudiciall to many poor mens Liberties. And some obdurate Adversaries have bestowed 30 l in Counsell, purposely to keep poore men in Prison. And that all Prisoners for Debt upon taking their Oathes as poore, and others upon delivery of particulars of their Estates to the said Judges upon their oathes, may be forthwith freed and discharged from imprisonment. And that in the meane time, your Petitioners may be allowed Writs of habeas corpus, gratis, according to the said late Acts and Ordinances, upon their owne security by Bond, to inable them to compleat their Liberties, and be serviceable to the Common wealth, and the preservation of their Families.
And your Petitioners shall pray, &c.