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A32310 His Majesties most gracious and royal commission for the relief of poor distressed prisoners published by authority. England and Wales. Sovereign (1660-1685 : Charles II); Charles II, King of England, 1630-1685. 1664 (1664) Wing C3133; ESTC R35494 6,153 17

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HIS MAJESTIES Most Gracious and Royal COMMISSION For the Relief of Poor Distressed PRISONERS Published by Authority Royall Oake LONDON Printed for M. D. and are to be sold by Nathaniel Webb at the Royal Oak in St. Pauls Church-yard neer the little North-door of St. Pauls Church M. DC.LX.IV His Majesties Most Gracious and Royal COMMISSION For the Relief of Poor Distressed PRISONERS CHARLES the Second by the Grace of God King of England Scotland France and Ireland Defender of the Faith c. To Our Right Trustly and Right Well beloved the most Reverend Father in God the Archbishop of Canterbury now and for the time being The Right Reverend Father in God the Lord Bishop of London now and for the time being The Reverend Father in God the Lord Bishop of Winchester now and for the time being and the Lord Bishop of Rochester now and for the time being To Our Trustly and Well-beloved the Lord Mayor of Our City of London now and for the time being The Iudges and other Our Iustices as well for the Pleas before Vs to be Holden as of the Common-Pleas assigned or to be assigned for the time being The Chief Baron and other the Barons of Our Excheequer now and for the time being The Chancellour of Our Dutchy of Lancaster for the time being The Masters of Our Requests for the time being Our Serjeants at Law Atturney General and Sollicitor General for the time being The Atturney of Our Dutchy of Lancaster for the time being The Almoner of Our Houshold for the time being The Master of the Rolls of Our Court of Chancery now and for the time being The Dean and Resident Cannons of Our Cathedral Church of St. Paul in Our City of London for the time being The Dean and Resident Cannons of Our Collegiate Church of St. Peter in Westminster for the time being The Master of Our Savoy for the time being The Chancellor and Chancellors for the time being of every the Arch-bishops and Bishops aforesaid The Arch-deacons of London Essex and Middlesex for the time being The Masters of Our Court of Chancery now and for the time being The Recorder of Our said City of London now and for the time being The Lieutenant of Our Tower of London now and for the time being All and every of the Iustices of the Peace now and for the time being All and every of the Iustices of the Peace now being or which hereafter shall be Resident or dwelling within Our said City of London and Suburbs thereof And in the Counties of Middlesex Surrey and Kent within five miles of the City of London And all and every the Advocates towards the Court of Canterbury of the Arches of London now and for the time being And all and every the Advocates of the said Court for the time being or which hereafter shall be All and every the Masters and Governours especially appointed by the Mayor and Commonalty of the said City for the Receipt Order Disposition and Government of the Rents Revenues and Profits of the Houses of the Poor of Christ and Sr. Thomas the Apostle now and for the time being And the Masters and Governours thereunto appointed now and for the time being And all and every the Masters and Wardens now and for the time being of the Company of Mercers Drapers Gold-smiths Grocers Cloath-workers Merchant-taylors Ironmongers Haberdashers Fish mongers Salters Skinners and Vintners of Our City of London now and for the time being and to every of them Gréeting Whereas the late Quéen ELIZABETH upon the lamentable Petitions Complaints and Supplications of divers her loving Subjects being Prisoners in the Kings Bench and in the Fleet did by her Commission under the Great Seal of England bearing Date the Twentieth day of April in the Eight and Twentieth Year of Her Reign Authorize certain Commissioners therein named for the Ordering and Compounding of the Controversies and Causes betwéen the said distressed Prisoners and their Creditors and such others by whom they were detained Prisoners or in Execution And to do divers other things in the said Commission expressed which Commission continued in force from the Date thereof until the Decease of the said Quéen ELIZABETH And Whereas Our late Dear and most Royal Grand-Father King James of Happy Memory being informed that certain Clauses contained in the said Commission had séemed unto some to be derogatory to the Common Lawes of this Our Realm of England And also for that by colour of the said Commission which was intended for the Charitable Relief of Poor Miserable and Distressed Persons sundry refractory and obstinate Debtors which rather wanted Will than Means to satisfie their just Debts took occasion to molest and trouble their Creditors Our said Grand-Father out of His Princely Care and Vigilancy to prevent all occasions of Inconveniency to his Loving Subjects especially such as tended to the breach of His Lawes Did for many years forbear the Renewing of the said Commission And finding that as his forbearance wrought a good effect by discouraging of obstinate and wilful Debtors that sought nothing more than Evasions to avoid the Payment of their just Debts so also that for want of that or some other like charitable Course for the Relief of such as were truly and indéed Poor Distressed and Miserable and wanted Means to satisfie their Creditors It had been occasion to pester and fill His Prisons with the Bodies of such Persons whose Punishment could no way avail their Creditors but rather was a hindrance to the satisfaction of their Debts For that during the time of their Restraint they were no wayes able to go about or attend their lawful Business but must of force consume themselves and that little they had miserably and in Prison And upon due consideration had of the Premises Our said Royal Grand-father by His Commission under the Great Seal of England bearing Date the Eleventh day of November in the Sixtéenth Year of His Reign of England by the Advice of the then Lord Chancellour of England and also of divers of His Principal Iudges of His Courts at Westminster Did Authorize the Commissioners therein named to procéed according to the Tenour of the said Commission for the Relief of the said poor Prisoners in the aforesaid Prisons And afterwards Our said Royal Grand-father being informed that His said Commission had not taken that good effect which was expected Renewed the said Commission and thereby prescribed and directed such a moderate Course as that neither the Insolence of wilful and obstinate Debtore should be thereby encouraged to the derogation of His Lawes nor yet His Grace and Clemency be wanting unto such to whom it should be méet to extend the same And whereas Our said Grand-father upon the Humble Suit and Petition of His loving Subjects His distressed Prisoners in the Prison of the Marshalsea and other Prisons in and about the Cities of London and Westminster and other Places near adjoyning to the same whose Case was as much to
be Commiserated and lamented as the said Prisoners of the said Kings Bench and the Fleet did by one other His Commission sealed with the Great Seal of England bearing Date the Tenth day of July in the Two and Twentieth Year of His Reign Authorize certain Commissioners therein named for the Ordering and Compounding of the Causes of the distressed Prisoners and their Creditors in the Prisons and within the Places therein and hereafter in these Presents mentioned and expressed as thereby may more at large appear And whereas Our Royal Father of Blessed Memory by two several Commissions under the Great Seal of England the one bearing Date at Canterbury the Sixth day of June in the Fourth Year of His Reign And the other bearing Date at Westminster the One and Thirtieth day of December in the Sixth Year of His Reign Authorized divers Commissioners therein expressed to the same or like purpose as aforesaid as thereby also more at large may appear Which Commissions upon the Death of Our said Royal Father of Blessed Memory determined And Whereas Our Loving Subjects the Poor Distressed Prisoners in Our Prisons within Our Cities of London and Westminster and Suburbs of the same Cities have by their Humble Petition besought Vs That We would be Graciously pleased to Renew the said former Commissions heretofore Granted by Our said Royal Predecessors Know ye therefore That We taking the same into Our Princely Consideration and minding the Welfare and Relief of the said poor distressed Prisoners Have by and with the Advice of the Lords of Our Privy Council of Our especial Grace certain Knowledge and méer Motion Made Constituted and Appointed And by these Presents do Make Constitute and Appoint You to be Our Commissioners And do hereby Give and Grant to You or any Three or more of You full Power and Authority at all and every time and times from henceforth so often as to You or any Thrée or more of You as is aforesaid shall séem convenient and néedful to assemble and méet together in some convenient place in or néer the City of London as to You or any Thrée or more of You shall séem fit for the Execution of this Our Commission And before such Your Méeting by Warrant under Your Hands or the Hands of any Thrée or more of You as is aforesaid upon reasonable warning and at the Charges of the Prisoners To call before You as well such person or persons sufficiently instructed for and on the behalf of such distressed Prisoners as now or hereafter shall happen to be Imprisoned in Our Prisons of Our Kings Bench Fleet Marshalseas White Lyon Clink New Prison the Compter in Wood-street the Compter in the Poultrey Ludgate Newgate Gate-House St. Katherines White-Chappel Bringhurst and Finchbury and all other Prisons near or about London or any of them by reason of or for any Action or Actions of Debt Actions upon the Case Trespass Detinue Trover or other personal Action Iudgments Execution or Executions whatsoever And also the Creditors and such others as have or ought to have the benefit of the Actions Suits Iudgments or Executions for which they are detained in Prison and the Executors Administrators and Atturney of every of them and all other persons whatsoever to whom it shall appertain or some persons indifferently Authorized and Instructed for and on their behalf whom We do hereby Command to Appear before You upon such Your Warrants either in their own persons or by some other sufficiently Instructed and Authorized on their behalf And at such Your Méetings to receive the Supplications and Complaints of the said poor distressed Prisoners and by all wayes and means to inform your selves as well of the due Debt Damages and Duty for which such Actions Suits Plaints Iudgements or Executions is or shall be prosecuted obtained or gotten As of the certain Estate and Ability of the Prisoners how to pay and discharge the some And thereupon by all good and lawful wayes and means to treat with the Creditors or other Persons which have or shall have the Benefit of such Actions Suits Iudgments or Executions and to make Compositions and Agreements with them Wherein Our Pleasure is That some of the Iudges of the Court by or from which the said Prisoner or Prisoners shall be Committed shall be privy or consenting to the conclusion of such Compositions and Agréements And in Cases where no Conclusion or Composition can be made after Examination thereof to certifie the truth of the same unto Vs and Our Privy Council To the end such spéedy course may be taken therein as shall effectually tend to the Relief and Release of the Prisoners Grieved according to Iustice and Equity And that such of You Our said Commissioners as shall go about such Compositions shall do Your best endeavours That the poor Prisoners by Your means and mediations may be Relieved and have such reasonable Years Dayes and Times of Payment for such their Debts and Damages as they shall not be presently able to satisfie and with such security for payment thereof as in Equity and good Conscience having respect to the Ability of the Prisoner and the Charge of Wife and Children and other Incidents to pious Cases considered as by You shall be thought fit Streightly chargeing and commanding You and every of You That for the better Expedition and further Attemplishment of Our Charitable Intent and Will in remedying of the grievous Distresses of Our said poor Subjects and distressed Prisoners You or some Thrée or more of You as is aforesaid do from time to time and as often as it shall be néedful assemble Your selves together in some such convenient place as is aforesaid as You tender Our Pleasure Provided nevertheless and Our Will and Pleasure is That You Our said Commissioners or any of You shall not procéed to the Execution of this Our Commission for or touching any such Matter or Cause as is before mentioned Wherein You shall be occasioned to call or cause any person resident abiding or remaining in any place being above Ten Miles from Our Cities of London and Westminster to give Attendance upon You only within or during the time of the Termes or within Seven Dayes before the beginning or Ten Dayes after the end of every Term. And if any such Creditor or Creditors or other person or persons for whose Debts Costs or Damages such distressed Prisoner or Prisoners shall remain in Prison as aforesaid Shall Refuse upon the said Precepts or Warrants to Appear before You or appearing to refuse to Attend the Commissioners further pleasure or to send some other person or persons sufficiently Authorized and Instructed to Treat and Conclude with You as aforesaid Vpon due consideration of the nature and quality of such Refusal and Contempt You shall and may take such order for punishment of the same and for procuring such persons Appearance as to You shall be thought méet And that You or any such Thrée or more of You shall and do use