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B09030 Anno Regni Caroli II regis Angliæ, Scotiæ, Franciæ & Hiberniæ, vicesimo secundo & vicesimo tertio at the Parliament begun at Westminster the eighth day of May, Anno Dom. 1661. In the thirteenth year of the regin of our most gracious sovereign Lord Charles by the grace of God, of England, Scotland, France and Ireland King, defender of the faith, &c., and there continued by several prorogations, to the fourteenth day of February 1669/70, and thence continued to the 22th of April 1671 on which day the said Parliament was prorogued to the 16th day of April which shall be in the year 1672. England and Wales. Laws, statutes, etc.; England and Wales. Parliament. 1690 (1690) Wing E1120A; ESTC R175040 11,659 17

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shall and may be lawful to and for such Creditor of such Prisoner or Prisoners so Discharged as aforesaid his Executors Administrators or Assigns to take out any new Execution against the Lands Tenements Hereditaments Goods and Chattels of such Prisoner or Prisoners his or her wearing Apparel Bedding for him and his or her Family and Tools necessary for his or her Trade and Occupation only excepted for the satisfaction of his or their said Debt in such sort manner and form as he or they might have done if the person or persons of such Prisoner or Prisoners had never been taken in Execution Any Act Statute or Custom to the contrary notwithstanding Provided also and be it further Enacted by the Authority aforesaid That if at any time after the taking of the said Oath the said Prisoner or Prisoners shall upon any Indictment or Indictments or by his or their own Confession or Verdict of Twelve Men be Convicted of False Swearing in any Point or Article contained in the said Oath as he or they shall or may be by force of this Act Then such Prisoner or Prisoners so Convicted as aforesaid shall suffer all such Pains and Forfeitures as by the Statute of Quinto of Queen Elizabeth are to be inflicted upon any person Convicted of wilful Perjury And also the Court by Process out of which the Prisoner was Imprisoned shall Award a Capias ad satisfaciendum infinite or other Process directed to any Sheriff or Sheriffs for the Apprehending of the said Prisoner and upon Return of Cepi Corpus shall remand the said Prsoner into the Prison whence he or she was dismissed there to remain in Execution in such manner and condition as he or she was before his or her said Enlargement And then and from thenceforth he or she shall be adjudged to be in Execution fully as if he or she had never been discharged thereof And the Execution and Executions upon his or her Lands Tenements Hereditaments Goods and Chattels if any such happen to be after his or her said Discharge out of Prison and before he or she shall be Remanded shall stand also good and effectual in Law Any Act Statute or Custom to the contrary notwithstanding Provided and be it Enacted by the Authority aforesaid That in case any Sheriff Goaler or Keeper of Prison shall refuse or delay to Bring or Discharge or set at Liberty any Prisoner according to the Order of the Iustice or Iustices to be made in manner as aforesaid Every such Sheriff Goaler or Keeper of Prison shall forfeit and pay to such Prisoner detained contrary to such Order the Sum of One hundred pounds to be Recovered by Action of Debt in any Court of Record and shall be also subject to any Fine and Punishment as the said Iustices shall Order or Award And whereas it is found by common experience That such person or persons that are under Arrests or committed to the Custody of Sheriffs Bayliffs Goalers Keepers of Prisons or Goals are much abused and wronged by extorting of great Fees Rewards and other Exactions and put to great Expences under pretences of favour or otherwise whereby they are greatly oppressed and many times ruined in their Estates For remedy thereof Be it Enacted by the Authority aforesaid That if any Vnder-Sheriff Bayliff Serjeant at Mace or other Officer or Minister whatsoever shall at any time or times hereafter have in his or their Custody any person or persons by virtue or colour of any Writ Process or other Warrant whatsoever It shall not be lawful for such Officer or Officers to convey or carry or cause to be conveyed or carried the said person or persons to any Tavern Ale-house or other Publick Victualling or Drinking house without the free and voluntary consent of the said person or persons so as to charge such Prisoner with any Sum of Money for any Wine Beer Ale Victuals Tobacco or any other things whatsoever but what the said person or persons shall call for of his her or their own accord And shall not demand take or receive or cause to be demanded taken or received directly or indirectly any other or greater Sum or Sums then what by Law ought to be taken or demanded for such Arrest Taking or Waiting until such person or persons shall have procured an Appearance found Bail agreed with his or their Adversaries or be sent to the proper Goal belonging to the County City Town or Place where such Arrest or Taking shall be nor take and exact any other Reward or Gratuity for so keeping the said person or persons out of the Goal or Prison then what he she or they shall or will of his her or their own accord voluntarily and freely give Nor take nor receive any other or greater Sum or Sums for each nights Lodging or other expences then what is reasonable and fitting in such cases or shall be so adjudged by the next Iustice of the Peace or at the next Quarter Sessions And shall not cause or procure the said person or persons to pay for any other Wine Beer Ale Victuals Tobacco or other things then what the said person or persons shall voluntarily particularly and freely call for And that every Vnder-Sheriff Goaler Keeper of Prison or Goal and every person or persons whatsoever to whose Custody any person or persons shall be delivered or committed by virtue of any Writ of Process or any pretence whatsoever shall permit and suffer the said person or persons at his and their will and pleasure to send for and have any Beer Ale Victuals and other necessary food where and from whence they please as also to have and use such Bedding Linen and other things as the said person or persons shall think fit without any purloining detaining or paying for the same or any part thereof nor shall demand take or receive of the said person or persons any other or greater Fee or Fees whatsoever for his or their Commitment Release or Discharge or for his her or their Chamber-rent then what is allowable by Law until the same shall be Settled by Three Iustices of the Peace whereof one to be of the Quorum of each particular County City and Town corporate in their several Precincts And for the City of London and Counties of Middlesex and Surrey the Two Lords Chief Iustices of the Kings Bench and Common Pleas and the Lord Chief Baron or any two of them and the Iustices of the Peace of the same in their several Iurisdictions And likewise that the said Lords Chief Iustices Lord Chief Baron and Iustices of the Peace in their several Iurisdictions and all Commissioners for Charitable Vses do use their best endeavours and diligence to examine and find out the several Legacies Gifts and Bequests bestowed and given for the Benefit and Advantage of the poor prisoners for Debt in the several Goals and Prisons in this Kingdom and to send for any Deeds Wills Writings and Books of Accompts whatsoever and any person
moiety of the overplus shall go towards the payment of his Debts for which he remains in Execution the other Moiety shall be paid to the hauds of the said Prisoner the said Moieties to be distributed accordingly by the two next Iustices of the Peace And be it further Enacted That after any person shall by virtue of this Act have continued at any Workhouse by the space of Two years he is then to be Discharged from his Imprisonment and enjoy the full Benefit of this Law And be it Enacted That any Iudge of such Court whereto such Debtor is a Prisoner or the two next Iustices of the Peace to such Workhouse shall and may have power to commit such Debtor being brought before him or them by Habeas Corpus or Order under the Hands and Seals of two such Iustices unto any Workhouse within the County where such Prison is there to remain according to this Act. Provided always and be it Enacted That if any Prisoner that shall be Released by virtue of this Act shall at any time afterwards be found or suspected by any of his Creditors to have in ready Money Goods or Chattels in his own hands and possession or in the hands of any others to his or her use or in Trust for him or her in value over and above what he or she is allowed by this or the said former Act to have other then such Goods in his Shop or Work-house as he shall have been Credited or Trusted with since the time of his Discharge and for what he shall be really Indebted at the time of his making such Oath and he or she will not or do not upon convenient Demand pay his or her Debt or Debts therewith as far as the same will reach That then and in such case at the Request of any Creditor the said Oath shall be tendred to him or her again by any Iustice of the Peace in this Act before Impowered to Administer the said Oath for Discharge or Prisoners or by any Iudge of the Court wherein there is Iudgment against him which he or she refusing to take shall be Remanded to Prison in Execution for such Debt or Debts Any thing in this Act to the contrary notwithstanding Provided also That this Act shall not extend to any person or persons in Execution for any Fine on him or her Imposed for any Offence committed before the said Nine and twentieth day of May One thousand six hundred seventy and eight Provided that such person or persons as is or are detained in Prison upon any Mean Process if it shall be desired by any Creditor before any Iustice of the Peace to whom such Prisoner hath applied for his Discharge shall forthwith give a Warrant to some Attorney to Appear or File common Bail for him or them in the Court out of which the said Mean-Process Issued and to receive a Declaration at the Plaintiffs Suit and that such Prisoner shall thereupon have the full Benefit of this Law as to the Liberty of his Person against his said Imprisonment upon the said Mean Process and against any Iudgment or Execution that shall be had against him in that Suit and against any other Suit that shall be brought against him for the same Matter or Cause of Action to all intents and purposes as fully and beneficially as if he had been Charged in Execution at the said Plaintiffs Suit before the Nine and twentieth of May One thousand six hundred seventy and eight but such Prisoner upon Mean-Process shall in case of his refusal to give such Warrant of Attorney lose the whole Benefit of this Law Provided always That no Merchant Stranger or other Alien or Foreigner that hath been Arrested and is in Prison on any Action or Suit for or by reason of any Debt or other Engagement Contracted or Entred into beyond the Seas shall have any Benefit by this Act but that all and every such Merchant Stranger or other Alien or Foreigner shall and may be detained in Prison and proceeded against as it this Act had never been made Provided always That no Prisoner shall be Discharged by virtue of this Act until he shall before the Iustices of the Peace who are by this Act Impowered to Discharge him Declare upon his Corporal Oath which Oath the said Iustices are hereby appointed to Administer what Effects are belonging to him or what Debt or Debts are then owing to him within any of His Majesties Dominions or elsewhere and by whom and for what Cause and upon what Security of all which a Schedule shall be made in the presence of such Iustices and Subscribed by the Prisoner and shall be by such Iustices Returned to the next Sessions there to be kept for the better Information of the Creditors of such Prisoner who or such of them as will joyn may thereupon Sue for such Debts or so much thereof as will reasonably satisfie them in the name of the Prisoner and after the same Recovered and Received to render the overplus their own Debts and Charges first deducted to the Prisoner Provided always and to deter all persons who are by the Charitable intention of this Act to be Relieved from abusing the Favour hereby to them intended That if any person who shall in pursuance of this Act take this Oath for any of the purposes hereby appointed shall Forswear or Perjure himself Then such person being thereof lawfully Convicted shall beyond and over and above the Penalties which may by the Law now in being be Indicted suffer Imprisonment for the space of Seven years without Bail or Mainprise FINIS
Anno Regni CAROLI II. REGIS Angliae Scotiae Franciae Hiberniae Vicesimo secundo vicesimo tertio At the Parliament begun at Westminster the Eighth day of May Anno Dom. 1661. In the Thirteenth Year of the Reign of our most Gracious Sovereign Lord Charles by the Grace of God of England Scotland France and Ireland King Defender of the Faith c. And there continued by several Prorogations to the Fourteenth day of February 1669 70. And thence continued to the 22th of April 1671. On which day the said Parliament was Prorogued to the 16th day of April which shall be in the year 1672. HONI SOIT QVI MAL Y PENSE DIEV ET MON DROIT LONDON Printed by Charles Bill and Thomas Newcomb Printers to the King and Queens most Excellent Majesties MDCXC Anno XXII XXIII CAROLI II. REGIS An Act for the Relief and Release of Poor Distressed Prisoners for Debt FOrasmuch as very many Persons now Detained in Prison are miserably Impoverished either by reason of the late unhappy Times the sad and dreadful Fire their own Misfortunes or otherwise so as they are totally disabled to give any Satisfaction to their Creditors and so become without Advantage to any a Charge and Burthen to the Kingdom and by Noisomness inseparably incident to extream Poverty may become the occasion of Pestilence and Contagious Diseases to the great Prejudice of the Kingdom Be it therefore Enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and the Commons in this present Parliament Assembled and by the Authority of the same That it shall and may be lawful to and for any Iustice of the Peace of any County City Town or Liberty within the Kingdom of England Dominion of Wales or Town of Berwick upon Tweed by Warrant under his Hand and Seal to require the Sheriff Goaler or Keeper of any Prison within his respective Iurisdiction to bring without delay the Body of any Person being in Prison for Debt on the Fourteenth day of April One thousand six hundred seventy and one or Damages and Petitioning such Iustice to be Discharged to some convenient Place within the distance of One mile from the said Prison and shall certifie the Cause and Causes of the Imprisonment before the same Iustice Which Warrant every such Sheriff Goaler and Keeper is hereby commanded to obey And in case such Prisoner coming before such Iustice shall take an Oath to this effect Viz. I A. B. do upon my Corporal Oath Solemnly Profess and Declare before Almighty God That I have not any Estate Real or Personal in Possession Reversion or Remainder of the Value of Ten pounds in the whole or sufficient to pay the Debt or Damages for which I am Imprisoned And that I have not directly or indirectly Sold Leased or otherwise Conveyed Disposed of or Entrusted all or any Part of my Estate thereby to Secure the same to receive or expect any Profit or Advantage thereof or Defraud or Deceive any Creditor or Creditors whatsoever to whom I stand Indebted Then after the taking of such Oath the said Iustice shall Remand the Prisoner to Prison and shall give a Certificate there of in Writing under his Hand and Seal to the same Prisoner to be served upon such Person or Persons his or her Executors or Administrators or to be left at the place of the usual abode of such Person or Persons at whose Suit the Prisoner standeth Charged and Imprisoned thereby appointing as well the said Person or Persons as the said Prisoner to appear before the Iustices at the next General Quarter Sessions of the Peace to be holden for the same County City Town or Liberty When if it shall appear upon Oath which Oath the said Iustices are Impowered to Administer that the said Certificate was so served or left Fourty days or more before the said Sessions And that the said Oath taken by the said Prisoner be not disproved by good Testimony of any credible Person or Persons upon Oath to be administred by the said Iustices by virtue of this Act Then the said Iustices being satisfied therein shall direct there Warrant under their Hands and Seals commanding the said Sheriff Goaler or Keeper of the Prison to set at Liberty and Discharge the said Prisoner if Imprisoned for the Causes aforesaid and no other without paying any thing for Fee or Chamber-Rent which Warrant shall be a sufficient Discharge to the same Sheriff Goaler or Keeper of Prison and no Action of Escape or other Action shall be brought against them or any of them for the same in any wise Provided also and be it Enacted by the Authority aforesaid Tha● when such Prisoner or Prisoners for Debt shall have Legally taken the said Oath in this Act proposed to be taken and shall have duly Summoned his or their Creditor or Creditors And after the said Fourty days time if the said Creditor or Creditors shall make no Discovery of his her or their Estates nor disprove nor detect the said Prisoner or Prisoners of Forswearing themselves That then if such Creditor or Creditors will not be satisfied therewith that the said Prisoner or Prisoners may be set at Liberty or will insist to have the said Prisoner continued in Goal That then the said Creditor or Creditors shall at his and their own proper Costs and Charges allow and pay Weekly a reasonable Maintenance to the said Prisoner or Prisoners such as the said Commissioners of the Peace or any Three of them in their respective Divisions shall order and appoint not exceeding Eighteen pence a Week and upon Nonpayment of the same Weekly the said Prisoner or Prisoners shall be set at Liberty according to the true intent and meaning of this Act. And be it further Enacted by the Authority aforesaid That upon any Action of Escape or other Suit brought or to be brought against any Sheriff Goaler or Keeper of any such Prison or other Officer or Person for any thing done in Obedience to this Act it shall and may be lawful to and forsuch Sheriff Goaler or Keeper of Prison or other Officer or Person to Plead the General Issue and give this Act in Evidence which shall be a good and sufficient Discharge and shall save harmless every such Sheriff Goaler or Keeper of Prison Pleading the same And if the Plaintiff in any such Action shall be Nonsuited or Verdict pass against him the Defendant shall have double Costs to be Taxed by the Court where such Action shall be brought Provided always and be it further Enacted by the Authority aforesaid That notwithstanding the Discharge of the Person of such Prisoner as aforesaid upon taking the Oath aforesaid all and every Iudgment had and taken against him or her shall be and stand good and eff●ctual in the Law to all intents and purposes against the Lands Tenements Hereditaments Goods and Chattels only of the said Prisoner so Discharged as aforesaid And it