To the right honourable the Lords and Commons now assembled in Parliament, the humble petition of the prisoners in the Fleet

1646

Oxford Text Archive

To the Right Honourable the LORDS and COMMONS now assembled in PARLIAMENT. The Humble Petition of the Prisoners in the Fleet.
Breife Reasons for granting Writs of Habeas Corpus to Prisoners in Execution, especially in the Fleet.

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To the Right Honourable the LORDS and COMMONS now assembled in PARLIAMENT. The Humble Petition of the Prisoners in the Fleet.

Sheweth,

THat there are many antient and late presidents remayning with the Warden of the Fleet, That Prisoners of all sorts in his custody whether upon Action or Execution have from time to time upon occasion had and obtained Writts of Habeas Corpus out of the Courts of Common-Law and Chancery, to go abroad to prosecute their Law suites, and compound with Creditors, and to provide for subsistance: Which Writts have beene granted successively by the most learned Judges, as also by the Lord Chancellours and Lord Keepers of the great Seale in their severall times without in termission, untill now of late that the Iudges of the Common Pleas have refused to grant the same, which will tend to the utter undoing of many of your Petitioners, howbeit these sad times might rather crave a more mercifull and charitable inclination towards the afflicted and distressed.

Wherefore your Petitioners are most humble Suitours to your Honours that your said Petitioners may be allowed the former favours and benefit of the said writs of Habeas Corpus according as heretofore they have antiently and usually had.

And your Petitioners shall have cause to pray, &c.

Breife Reasons for granting Writs of Habeas Corpus to Prisoners in Execution, especially in the Fleet.

1. ANtiently the Warden of the Fleet might without Writ send any Prisoners abroad with their Keepers upon all occasions, till the Statute of 1 Rich. 2. Cap. 12. restreyned him, unlesse he had the Kings Writ or command for it.

2. They are Prerogative Writts or Writts of Grace which the King never denyeth to any of his distressed Subjects upon just occasions: Either for his owne service or for their preservation aswell in their Persons as Estates. And therefore the Exchequer frequently granteth them to the Kings Accomptants Debtors and Farmers in Execution, for the raising and levying of His Majesties Debts and Revenues. And the Chancery awardeth them to remove Prisoners into the Countrey out of the Fleet when the infection is in London; and when they have Law Suits, to Solicite their owne causes.

3. The Fleet is a speciall Prison of the Kings for civill matters, As the Tower of London is for Criminall, and thither are men committed for Debts to the King and for contempts of Orders and Decrees in Chancery and all other Courts of Equity. And if any other Prisoners for Debt be removed thither, they have ever been allowed the priviledge and benefit of those Writts aswell as the Kings Prisoners.

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