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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
or persons concerned therein and to Examine them upon Oath to make true Discovery thereof which they have full Power and Authority hereby to do and the same so found out and ascertained to Order and Settle in some manner and way that the Prisoners hereafter may not be defrauded but receive the full Benefit thereof according to the true intent of the Donors And that these Accounts of the several Legacies Gifts and Bequests given and bestowed upon the several Prisoners for Debt within this Kingdom and the several Rates of Fees and the future Government of Prisons be Signed and Confirmed by the Lord Chief Iustices and Lord Chief Baron or any two of them for the time being and the Iustices of the Peace in London Middlesex and Surrey and by the Iudges for the several Circuits and Iustices of the Peace for the time being in their several Precincts and fairly written and hung up in a Table in every Goal and Prison before the First day of November One thousand fix hundred seventy and one and likewise be Registred by each and every Clerk of the Peace within his or their particular Iurisdiction And after such Establishment no other greater Fee or Fees then shall be so Established shall be demanded or received And whereas it is become the common practice of Goalers and Keepers of Newgate the Gatehouse at Westminster and sundry other Goals and Prisons to Lodge together in one Room or Chamber and Bed Prisoners for Debt and Felons whereby many times honest Gentlemen Tradesmen and others Prisoners for Debt are disturbed and hindred in the Night-time from their natural Rest by reason of their Fetters and Irons and otherwise much offended and troubled by their lewd and prophane Language and Discourses with most horrid Cursing and Swearing much accustomed to such persons Be it Enacted by the Authority aforesaid That it shall not be lawful hereafter for any Sheriff Goaler or Keeper of Goal or Prison to put keep or lodge Prisoners for Debt and Felons together in one Room or Chamber but that they shall be put kept and lodged separate and apart one from another in distinct Rooms upon pain that he she or they which shall offend against this Act or the true intent and meaning thereof or any part thereof shall forfeit and lose his or her Office Place or Employment and shall forfeit treble Damages to the Party grieved to be recovered by virtue of this Act Any Law Statute Vsage or Custom to the contrary in any wise notwithstanding Anno XXX CAROLI II. REGIS An Act for the further Relief and Discharge of Poor Distressed Prisoners for Debt WHereas by an Act of this present Parliament made in the Two and twentieth and Three and twentieth years of the Reign of our Sovereign Lord King Charles the Second In ituled An Act for Relief and Release of Poor Distressed Prisoners for Debt Provision hath been made for Relief and Release of such Prisoners as were in Prison for Debt or Damages upon the Fourteenth day of April One thousand six hundred seventy and one in such way and manner as in the said Act is provided and declared Notwithstanding which the persons of such Prisoners have not been discharged of their Imprisonments the words Debt or Damages mentioned in the said Act being construed doubtful as not Warranting the Discharge of any Prisoner unless Charged in Execution For Explanation whereof and to supply other Defects which have obstructed the good ends and purposes of the said Act Be it now 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 all persons being in Prison upon the Nine and twentieth day of May One thousand six hundred seventy and eight being the Anniversary day of His Majesties Birth and happy Restauration for Debt or Damages or for or upon any Action or Actions or upon any Mean-Process for Debt Account or Trespass upon the Case which Actions by Prosecution of Law may be Iudgments for Debt or Damages or who have Iudgments entred upon Record against them or are Charged in Execution or Imprisoned upon Attachments for Debt or upon Outlawries before or after Iudgment for Debts or upon any other Process whatsoever issuing out of any Court of Law or Equity for the Cause of Debt or Damages or Costs only whether the said persons were in Prison upon the said Fourteenth day of April One thousand six hundred seventy and one and have taken the Oath in the said Act mentioned or have been Committed to Prison since that time who shall take the Oath in the said recited Act mentioned shall and may be Released and Discharged from their Imprisonments in such way and manner as such as were in Prison for Debt or Damages upon the said Fourteenth day of April One thousand six hundred seventy and one by the former Act were or might have been in case the said Debt and Damages had been ascertained by Iudgment And all Iustices of the Peace within their several Counties and Divisions are hereby Authorized and Impowered to put in Execution all such Powers Directions and Authorities for the full Release and Discharge of such persons as were in Prison on the said Fourteenth day of April One thousand six hundred seventy and one as aforesaid and of all such other persons as have been since that time committed to Prison and are in Prison on the said Nine and twentieth day of May as aforesaid as the said former Act hath made and provided for the Release and Discharge of such who were in Prison for Debt or Damages upon the said Fourteenth day of April One thousand six hundred seventy and one and every Clause Matter and Thing in the said former Act contained shall be construed and taken to the benefit and advantage of such as shall be in Prison upon the said Nine and twentieth day of May One thousand six hundred seventy and eight as fully and amply as by the said Act it ought to have been for the Benefit and Discharge of such as were in Prison on the said Fourteenth day of April One thousand six hundred seventy and one And whereas by the said former Act it is provided That if any Creditor shall insist to have his Debtor continued in Prison after he hath taken the said Oath and will allow him a weekly Maintenance to be appointed by the Iustices of the Peace not exceeding Eighteen pence the week the same Prisoner shall continue and be detained in Prison Be it now Enacted by the Authority aforesaid That such weekly Allowance shall be paid to the Prisoner himself and not to the Goal-keeper or any other person for him and it within the space of Three Months after such weekly Allowance by any Creditor no Estate of the Prisoner shall be discovered or made out before Two Iustices of the Peace of that County and Division where the