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A74532 An ordinance for the relief of creditors and poor prisoners. Thursday June 8. 1654. Ordered by his Highness the Lord Protector, and his council, that this ordinance be forthwith printed and published. Henry Scobell, Clerk of the Council.; Orders in Council. 1654-06-08. England and Wales. Lord Protector (1653-1658 : O. Cromwell); England and Wales. Council of State. aut 1654 (1654) Thomason E1064_13; ESTC R210212 4,740 11

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AN ORDINANCE For Relief of CREDITORS AND Poor Prisoners Thursday June 8. 1654. ORdered by his Highness the Lord Protector and His Council That this Ordinance be forthwith Printed and Published Henry Scobell Clerk of the Council London Printed by William du-Gard and Henry Hills Printers to His Highness the Lord Protector 1654. AN ORDINANCE For Relief of CREDITORS AND Poor Prisoners WHereas by a late Act of Parlament Entituled An Act for the Relief of Creditors and Poor Prisoners Henry Proby Peter Elliston and others in the said Act named or any three or more of them were thereby as to all persons that stood committed on the fift of October one thousand six hundred fifty three or which should be committed before the twentieth day of the said Moneth of October to the Upper-Bench Prison or to the Prison of the Fleet Gatehouse in Westminster Counter in Surrey or Prison in White-Chappel in any Civil cause and not from thence lawfully discharged made Iudges to hear and determine the Causes of such persons imprisonment and of the escape of such Prisoners in a summary way and to do as by the said Act is further directed The execution of which Act and of the Powers Authorities given by the same by Ordinance of His Highness the Lord Protector and his Council for weighty Causes was suspended until the one and thirtieth day of May one thousand six hundred fifty four And forasmuch as upon sundry Complaints already made to his Highness the Lord Protector and His Council and due consideration had that the Lands Hereditaments Goods and Chactles of divers other persons then the said Prisoners whereof such persons were lawfully seized and possest at the time of the making the said Act may by construction of several Clauses therein be sold leased granted or otherwise disposed by the Iudges in the said Act appointed for satisfaction of the Creditors of such Prisoners as aforesaid as for the said Prisoners debts notwithstanding that such other persons so seized and possessed had at the time of making the said Act as sufficient an Estate in and right to such Lands Goods and Hereditaments according to the Law to all intents as any other person had or hath in any his Lands Goods or Hereditaments whatsoever Be it therefore Ordained by his Highness the Lord Protector by the advice of his Council That Nathaniel Bacon Francis Bacon Arthur Barnardiston Peter Elliston John Parker Henry Pitt Edmund Giles Robert Aldworth John VVilsby Peter Breereton Clement Ireton and Robert Warcupp Esqs or any five or more of them and no other person shall be and hereby are made Iudges to hear and determine from the eight day of June instant the causes of imprisonment of any such Prisoners counted as aforesaid to any the Prisons before mentioned and to do and execute in persuance of the said Act for the relief of Creditors and poor Prisoners according to the explanations and alterations thereof made by this present Ordinance and not otherwise That is to say that all the Estate Real or Personal of any such Prisoner or other person for whose debt the said Prisoner is imprisoned whereof he was seized or possessed to his own use in possession reversion or remainder the said fifth day of October one thousand six hundred fifty three or sithence or whereof he shall be seized or possessed before the fifth day of October one thousand six hundred fifty four or which any person or persons was or were the said fifth day of October one thousand six hundred fifty three or sithence or at any time before the said fifth day of October next shall become seized or possessed of in trust for any such Prisoner or other person for whose debt the said Prisoner was imprisoned and which such Prisoner or Prisoners or other Person the said fifth day of October or any time sithence might or hereafter may before the said fifth of October next lawfully convey or dispose for payment of his or their Debts by Law or Equity shall and may by the said Iudges or any five or more of them be leased granted charged sold or any otherwise disposed for payment of such Prisoners or other persons Debts Provided alwaies that upon any sale or other disposing of such estate as aforesaid all debts due to the Common wealth Debts secured or due by Statutes Iudgements or Recognizances shall be first paid to wit the principal Debt Interest and Charges and no more in such Order as by Law they ought to have been before the making of the said Act for relief of Creditors and poor Prisoners and if any the said Prisoners or other persons for whose debt any such Prisoner was imprisoned have heretofore made any conveyance or settlement of any Lands Tenements or Hereditaments Goods or Chattles to any person or persons with power of revocation in such Prisoner or Prisoners or other such person which power of revocation might have been by such Prisoner or Prisoners or other persous executed the said fifth of October one thousand six hundred fifty three or since or may be executed before the fifth of October one thousand six hundred fifty four all such Lands Tenements and Hereditaments Goods and Chattles shall be sold leased or disposed by the Iudges hereby appointed or any three or more of them as fully to all intents for payment of such Prisoners or other persons debts as if the said revocation had been actually made by such Prisoner or person according to the true intent and meaning of the said power of revocation And the said Iudges or any five or more of them shall have power to examine any Mortgage formerly made of any Lands Tenements or Hereditaments or any Lease or Leases upon condition by any such Prisoner or other person or any his Ancestors granted for security of money lent and where any such Prisoner or other person hath lawful and equitable right of Entry or any condition broken or right of Redemption in Law or Equity upon any Mortgage so made and not forfeited by the space of seven years last past the said Iudges first satisfiing the principal money for which such Lands or Hereditaments Goods or Chattles were mortgaged all interest other charges grown due may sell or otherwise dispose of all such Lands and Hereditaments Goods and Chattles Leased or Mortgaged as aforesaid for payment of such Prisoners or other persons debts and the said Iudges or any five or more of them are hereby further authorised to examine all fraudulent Grants Leases and Conveyances whatsoever made by any such Prisoners or other person for whose debt any such prisoner was imprisoned as aforesaid of any their Lands Hereditaments goods or Chattles and all Iudgements Statutes Recognisances or Bonds by them entered into and any other Act or Acts done with intent to defraud Creditors which by any Law or Statute now in force other then by the said Act for relief of Creditors and poor prisoners are declared to be void against Creditors
and upon due proof made unto a Iury of any such fraudulent Grant Act or conveyance or of any wilfull concealing such fraud the said Iudges may sell and dispose for payment of such Debts as are before mentioned all such Lands Hereditaments Goods and Chattles so granted conveyed extended or to be extended had or to be had in execution in such manner as is before mentioned touching other the Lands Goods or Hereditaments of any such Prisoner or other persons and punish any such concealment of fraud as by any Law or Statute in force other then the said Act for relief of Creditors and poor Prisoners is appointed and Ordained and in case any such prisoner hath escaped out of any the said prisons since the fifth day of October one thousand six hundred fifty three or hereafter shall escape before the fifth day of October one thousand six hundred fifty four upon du proof made or to be made of such escape the estate and trusts of estate reall and personal of such prisoner escaped shall be sold and disposed by the said Iudges for satisfaction of the Creditors at whose suit such prisoner was imprisoned in like manner and no otherwise as they might have sold or disposed the Estate reall and personal if such prisoner had still remained in custody Provided alwaies That upon any Sale Lease or other disposition to be made as aforesaid of any prisoner or other persons real or personal Estate the said Iudges shall openly put a value upon the estate declared to be Sold Leased or Disposed and before the Sale or Disposition thereof the said prisoner or other person concerned his heir executor or administrator as the case requireth shall have notice thereof and if such Prisoner or other person concerned his Heir Executor or Administrator shall within six weeks pay in ready money as much as the said Estate to be sold or otherwise disposed was valued at as aforesaid or otherwise give security to the Creditors for the said sum to their liking the said Iudges shall forbear to make sale of such Estate but in default of such payment or security given they shall proceed to sale or other disposition thereof at the highest rate they can sell the same at provided it be not less than the value of them formerly set as aforesaid And all and every sale or other disposition of any Prisoner or other persons Estate made as aforesaid shall be good and effectual in Law against such Prisoner and such other persons their Trustees and all and every their Heirs general or special claiming by discent to all intents and purposes saving always to all persons other than such whose Estates may be sold as aforesaid their respective right to any Lands Hereditaments Goods or Chattels that shall happen to be sold or disposed as aforesaid as if the said Act for Relief of Creditors and poor Prisoners and this present Ordinance had not been made And it is hereby further Ordained That no Estate real or personal of any Prisoner or other person shall be taken to be any Estate to be sold discharged or disposed within the meaning of the said former Act entituled An Act for Relief of Creditors and poor Prisoners other than such Estates as are by this present Ordinance declared to be Sold and Disposed for payment of Debts in manner before expressed And that no Prisoner shall be accounted a Prisoner whose Estate is to be Sold or Disposed within the meaning of the said Act but such as were actually Prisoners the fifth day of October One thousand six hundred fifty three or before the twentieth of October then next following or who being Prisoners as aforesaid are since dead or shall dy before the fifth of October next leaving their Debts undischarged Provided also That the said Iudges shall not intermeddle in the Sale or Disposing of any Land Ordered or Decreed to be sold for payment of Debts by the High Court of Chancery but that the same be left to be wholly Disposed as the said Court of Chancery shall Order and Provide And it is further Ordained That all Persons by the said Act for relief of Creditors and poor Prisoners made Iudges as to all Prisons and Persons committed to other Prisons than as before mentioned within the respective Counties Cities and Towns Corporate within this Common-wealth shall from and after the eighth day of June One thousand six hundred fifty four proceed in the Excecution of the said Act as to the release of any Prisoners in every respect according to the meaning of the Act Entituled An Act for Relief of Creditors and poor Prisoners but not as to the Sale or Disposition of any Lands or Goods but according to the Explanations and Alterations thereof made by this present Ordinance and not otherwise Provided also That no Creditor shall have advantage or benefit of any Sale as aforesaid made for or towards satisfaction of the Debt unless he give a legal Discharge of the whole or part of his said Debt as the Case requires to be Ordered by the said Iudges And be it further Ordained by Authority aforesaid That it shall and may be lawfull for the several Iudges Authorized by this Ordinance upon Good and Sufficient Security taken of all such of the said Prisoners as they think fit to permit the said Prisoners to go out of Prison for some convenient time the better to enable such Prisoners to assist in Sale of their Estates or take other Course for payment of their said Debts and that such permission of such Prisoners to go out of Prison upon Bail for the Cause aforesaid shall not be adjudged to be any Escape And it is lastly hereby Ordained That the said Act for relief of Creditors and poor Prisoners and this present Ordinance for Explanation thereof shall continue in force until the fifth day of October One thousand six hundred fifty four and no longer Provided alwaies That neither the said Act Entituled An Act for relief of Creditors and poor Prisoners nor this present Ordinance nor any thing therein contained shall extend nor be construed to extend to impower the Iudges aforesaid to examine impeach or avoid any Execution Iudgement or Decree had and obtained against such Prisoner or other person herein intended save only so far as to examine what is due thereupon Provided also That this Ordinance or any thing therein contained shall not extend or be construed to extend to impower the Iudges aforesaid to make Sale of any the Lands formerly by the said Act Entituled An Act for Relief of Creditors and poor Prisoners exempted from Sale Fryday June 9. 1654. ORdered by his Highness the Lord Protector and His Council That this Ordinance be forthwith Printed and Published Henry Scobell Clerk of the Council