September, 1649
[4 September, 1649.]
Prisoners to be discharged, taking this
Be it Enacted by this present Parliament, and by authority
thereof, That the Judge or Judges of that Court from whence
the Process issued, upon which any person now is imprisoned upon
any Process or Execution, where the cause of Action was originally
for Debt, upon the request of such party, and taking his or her
Oath, which the said Judge or Judges have hereby power and
authority to administer;
Oath.
That bona fide he or she is not worth in Possession, Reversion or
Remainder of any Estate Real or Personal to the value of Five
pounds, besides necessary wearing Apparel, and Bedding for himself,
his Wife and Children, and Tools necessary for his Trade or Occupation, not exceeding the value of Five pounds; and hath not directly
or indirectly conveyed or intrusted his or her Estate, thereby to
expect any Profit, Benefit or Advantage;
That then the Judge or Judges aforesaid, shall and may by
Warrant under their hand and seal, summon to appear before
them, within Thirty days after personal notice given thereof to
the Plaintiff or Plaintiffs, or left at his or their dwelling house or
houses, lodging or last abode; And if thereupon the said Plaintiff
or Plaintiffs shall not appear, or some other person or persons,
for and on his or their behalf, and shew just and lawful excuse
for his or their absence, or shall appear, and cannot deny the truth
of the said Oath, That then the said Judge or Judges shall discharge the said party of and from his or her Imprisonment, Any
Law, Statute, Usage or Custom to the contrary thereof in any
wise notwithstanding.
Penalty for false swearing.
Provided always, That if at any time within Seven years after
the taking of the said Oath by the said Prisoner as aforesaid, it
shall be discovered, that the said Prisoner hath falsly Sworn in
taking the said Oath, and shall be thereof lawfully convicted,
That then the said Judge or Judges, shall by his or their Warrant,
cause the said Prisoner to be again re-imprisoned for the cause of
causes for which he or she was formerly imprisoned, be it in Execution or otherwise, as though this Act had never been made; and
such Prisoner shall and may be indicted for Perjury, and shall
suffer such Pains and Forfeitures as by any Statute or Law may
be inflicted upon any person convicted for Perjury.
Judgement and Execution to stand good.
Provided, That notwithstanding the Discharge of the person
of such Debtor, all and every former Judgement and Execution
had or taken forth against such Debtor, shall be and stand good
against the Goods and Chattels of the said Debtor (except before
excepted) And that it shall and may be lawful, to and for the
Creditor of such Debtors, to take out any new Execution against
any other the Lands, Goods and Chattels of such Debtor (except
before excepted) for the satisfaction of his said Debt, Any Law,
Statute, Ordinance or Usage to the contrary in any wise notwithstanding.
Provided, That this Act, or any thing therein contained, shall
not extend to any other person or persons, then such as are now
in Prison, nor unto any person or persons now in Prison for any
cause or causes, save onely for debt as aforesaid; Nor shall extend
to any person or persons, who have been in arms against the Parliament, or have adhered to the Forces raised against the Parliament.