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 commonly 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 .