[5 October, 1653.]
Judges for causes concerning Prisoners in the Upper Bench prison, the Fleet, Gate-house, Counter in Surrey, or prison in White-chappel.; Power to examine Escapes and Estates of Prisoners, and to act as Commissioners of Bankrupts.; Persons not paying their debts to be accompted Bankrupts.
Be it Enacted by the Authority of this present Parliament,
That Henry Proby, Peter Elliston, Hogan Hoval, John Humphreys,
Henry Colbron, Nathanael Camfield, Henry Cole, Clement Ireton,
Thomas Stean, Richard Hutchinson, Noah Banks, John Tracy,
Thomas Swallow, Michael Pendleton, Robert Warcup, Robert
Houghton, George Pots, or any three or more of them, are hereby
(as to all persons already committed, or that shall be committed
before the Twentieth day of October, One thousand six hundred
fifty and three, to the Upper-Bench Prison, or to the Prisons of
the Fleet, Gate-house in Westminster, Counter in Surrey, or Prison
in White-chappel, in any civil Cause, and not from thence lawfully
discharged) made Judges to hear and determine the Causes of
such persons Imprisonment, and of the Escapes of any such Prisoners,
in a summary way; and where they finde any just Debt or Duty
owing by such Prisoners, to make speedy provision out of such
Prisoners Estates, or Trusts of their Estates (by Sale, Lease, Grant
or otherwise) for satisfaction of the same: And are hereby impowered to examine parties and witnesses for the proof of Escapes,
and for the discovery of such prisoners estates, or any fraud or
trust touching the same; and to do and act as fully, to all intents
and purposes, so far as concerneth the said Prisoners and their
Estates, or Trusts of Estates, and relief of their Creditors, as any
Commissioners might do against a Bankrupt or a Bankrupts
Estate, by vertue of any Commission upon any of the Statutes
against Bankrupts: And the said persons so committed, are from
the time of their first commitment to be accompted Bankrupts,
in case they pay not their Debts before the First day of April now
Voluntary Settlement.; Fine for fraud, concealment of trust.; Persons not able to satisfie such Fine, may be adjudged to Pillory or Work-house.; Straight Imprisonment.; Persons in prison for the debt of another.
And where any person in prison, or dying in prison for any
Debt, or after any Judgement against such person unsatisfied,
hath made or caused to be made a voluntary settlement of any of
his own Estate, upon or in Trust for himself, or any of his Children,
or other person, after the Debt contracted, or after the cause of
Action whereupon such Judgement was obtained; the said Judges,
or any three or more of them, may sell and dispose any such Estate,
for satisfaction of any such Debt and Judgement: And if the
said Judges, or any three or more of them, shall finde any person
guilty of any Fraud, tending to deceive any Creditor of any such
Prisoner, or of any wilful Concealment of any Estate, or Trust
of Estate of any such Prisoner; they shall and may proceed against
such guilty person as a Bankrupt, so far as to enforce him to pay
such Fine, as the said Judges, or any three or more of them, shall
deem answerable to the Offence, not exceeding double the value
of what the creditors hath or might have suffered by such Fraud,
or which was so wilfully concealed, towards the Creditors satisfaction, so far as to make up what the Debtors own Estate will not
satisfie; and the remainder of the said penalty to be paid to the
Treasurer of the county for Maimed Soldiers, and shall by the said
Treasurer be disposed of for the publique Service of the county,
as the Justices of the Peace, or the major part of them at their
General Sessions shall under their hands appoint: And if he hath
not wherewith to satisfie such Fine, the said Judges may adjudge
him to the Pillory or a Work-house, or both, as they shall think
meet. And where the said Judges shall finde any Prisoner able,
and yet doth not pay his just Debts, they may, (if they think fit)
order him to a straight Imprisonment: And if the said Judges,
or any three or more of them, shall upon due examination finde,
that any person doth lie in prison for the Debt of another, they
shall and may proceed to sell and dispose the Estate of such other
person, for whose debt he lieth so in prison, as fully as of any Prisoners
Estate; and punish fraud and wilful concealment of any such
Estate, in maner and form aforesaid.
Payments for real Debts and real Conveyances not to be impeached.; In what Case the Gaoler shall be liable for Escapes.; Security liable on Escapes.
Provided always, That payments made by such Prisoners, before
the Fourth day of October, One thousand six hundred fifty and
three, for their true and real Debts without Fraud, and all true
and real Conveyances of, or charges upon their Lands, before the
said fourth day of October, by them made to an absolute Purchaser,
without Fraud or Trust, may not be impeached by any thing
within this Act; but a settlement or grant made by such Prisoners,
of their estates or any part thereof, to any of their Children or
Heirs apparent, upon marriage or otherwise after a Debt contracted,
is not to be accompted a Purchase or Conveyance to be allowed,
further then to cause restitution of the Money which was really
paid to (and received by) such Prisoner upon such Conveyance or
Grant; which said money, and half as much more, shall be paid
back upon the sale of the Estate, to such person or persons whose
Interest or Estate shall be so sold by vertue of this Act: And if the
said Judges, or any three or more of them, shall finde such Prisoners
to have made Escape out of prison, and cannot finde sufficient of
their Estates to pay what is justly due from any of them, they shall
then cause satisfaction to be made to the Creditors (at whose Suit
they were Imprisoned) out of the Estate of the Gaoler or Keeper
of the Prison; and shall and may (in order thereunto) discover and
dispose the Estate and Trusts of Estate of such Gaoler or Keeper
of Prison, as they might of the said Prisoners, and inflict like punishment for Fraud and wilful Concealments: And if they shall not
finde the Estate of such Gaoler or Keeper of Prison sufficient to
satisfie the Creditor or Creditors, then they shall make satisfaction
out of the Estates of such person and persons as have given the said
Gaoler or Keeper of the said Prison Security for the true Imprisonment of any such Prisoner so escaping; and are hereby Impowered
to examine upon Oath touching any such Security, and to seize
and dispose of the same, and to punish any persons whom they shall
finde wilfully to conceal or detain, discharge or vacate any such
Security without their direction, by like Fine, Imprisonment or
otherwise, as they shall think meet; which Fine or Fines shall be
paid to the said Treasurer of the County as aforesaid, and be by
him disposed of in maner and form aforesaid.
Securities taken by Gaolers vested in the Judge; Acts for releasing Securties void.; Reimbursement to the Gaoler.; Power to discharge Prisoners not prosecuted and to give damages.; Persons to be removed to; Frauds in getting out of prison.; Charities to Prisons.; Table of Fees.; Extortion.; Judges to make Orders for selling Beer and Provosions.
And it is hereby Enacted, That all such Securities which have
been at any time heretofore taken by any such Gaoler or Keeper
of Prison, and not vacated or discharged before the Sixth day of
July, One thousand six hundred fifty and three, are hereby vested
in the said Judges, as fully to all intents and purposes, as if they
had been originally taken in their Names, and may be made use
of accordingly in order to the satisfaction of the Creditors of such
Prisoner escaping; and all acts done by any such Gaoler or Keeper
of prison since the Sixth day of July aforesaid; for releasing, discharging or vacating any such Security, is hereby adjudged void:
And where the Estate of the Gaoler or Keeper of Prison shall be
disposed of for any Creditors satisfaction as aforesaid, the said
Gaoler shall be reimbursed so much out of the Estates of such as
shall have given such Security for true Imprisonment as aforesaid,
if the Security amounteth to that Sum: And the said Judges or any
three or more of them, are hereby impowered forthwith to discharge
all such Prisoners as were committed to prison on or before the last
day of June, One thousand six hundred fifty and three, upon any
Action by Bill of Middlesex or otherwise, whereon there hath not
been any Declarations or Proceedings, and shall give damages to
such prisoners, according to the merits of their several Causes; for
their vexatious Imprisonment, which is hereby Declared unlawful;
and if the party or parties shall neglect or refuse forthwith to pay
the damages so awarded by the said Judges, or any three or more of
them, then the said Judges, or airy three or more of them, are
hereby Impowered to seize, sell and dispose (by Sale, Lease Grant
or otherwise) so much of the Estate real or personal of the person
so neglecting or refusing, for the satisfaction of the party so imprisoned as aforesaid; and shall and may also discharge, abate,
or give respite of time to any Prisoner within the said Prisons,
or any of them, according as they or any three or more of them
shall in their Judgements and Consciences think meet, according to
the circumstances of each particular case, taking care that just
Debts and Duties may be satisfied so far as there is any ability in
the prisoner; And that persons unable to pay may not perish
in prison, through the cruelty or obstinacy of any obdurate Creditor:
And shall and may also remove to any Work-house or House of
Correction, any wilful or obstinate prisoner, whom they shall finde
to lie in prison through his own wilful default, or such as have run
into Debt by their vicious course of living, and thereby become
unable to pay their Debts; And shall and may also examine, hear
and determine all Frauds and Abuses by any persons, whereby they
have gotten out of any of the said prisons, by vertue or colour of
any Act of the late Parliament, for discharging from Imprisonment
poor Prisoners unable to satisfie their Creditors; or for the Ease
or Relief of poor Prisoners; and if they finde cause, may remand
them to prison again, and shall and may proceed, examine and
dispose of their Estates and Trusts of Estates and all Frauds and
wilful Concealments touching the same, in such sort, to all intents
and purposes, as if they were still Prisoners; And also shall and
may examine, hear and determine touching all Charities given
or intended to any the said prisons, or for relief of any Prisoners
within any of the said prisons, and the abuses and mis-imploy
ments of the same, and cause the offenders therein to restore the
double (which together with all such Charities, shall by the said
Judges be setled and imployed to the best advantage of the poor
Prisoners) and if they finde the abuse gross and wilful, then to
cause the offenders to be set upon the Pillory; And shall and may
cause a Table of Just and Moderate Fees, to be made and hung up
in the said Prisons and Gaols, declaring what every Prisoner is
to pay to the Keeper of the prison, and all his servants and officers,
and for Chamber-rent during the time of such imprisonment, and
upon their Discharge; And if any presume to take any more or
other Fees, then according to the said Table, it is hereby adjudged
Extortion, for which the Offender shall pay fourfold to the party
injured, and be set on the Pillory. And the said Judges, or any
three or more of them, shall and may make Orders for selling of
wholesome Beer and other Provisions in the said prisons at a reasonable price, and for permitting prisoners to send for the same abroad,
if they please; and for the punishment of Offenders contrary to the
said Orders, which are hereby Enacted to have the force of a Law.
Judges in the several Counties.
And it is hereby further Enacted That, persons hereafter
named, or any three or more of them, are made Judges, as to all
prisons and persons committed to any prisons within the several
respective Counties, Cities and Towns Corporate within this
Commonwealth; That is to say.
Within the County of Bedford.
St. John Charnock, John Cockayn, Joseph Barber, John Crook,
Samuel Bedford, William Whitebread, Henry Whitebread, Esqs.
The County of Berks.
John Loader, Richard Bigg, John Dean, Francis Allen, Esqs;
William Nutkin, Christopher Whitchcot, James Hern.
The County of Bucks.
Robert Aldridge, Henry Gould, William Hawkins, Christopher
Egleton, William Hill, Henry Philips, John Deverel, Esqs.
The County and Town of Cambridge, and the Isle of Ely.
Talbot Pepis, Francis Russel, Esqs; Thomas Ducket, Dudley
Pope, Henry Pickering, Tristram Diamond, Francis Underwood,
The County and City of Chester.
Henry Brook, Thomas Stanely, Thomas Manwaring, Thomas
Marbury, Jonathan Brewen, Thomas Croxton, Henry Green,
Jonathan Rich Alderman of Chester.
The County of Cornwal.
Andrew Trevil, John Kendal, Jacob Daniel, Thomas Glin, Peter
Ceely, Richard Carter, William Lower, Esqs.
The County of Cumberland.
Thomas Craster, William Brisco, Cuthbert Stadholm,
Lawhorn of Perith.
The County of Derby.
Sir Francis Burdet, Sir Samuel Sleigh, Knights; James Abney,
Thomas Sanders, Nathanael Hallows, Robert Mellor, Edward
The County of Devon, and City of Exon.
John Coplestone, John Serle, Esqs; John Ham, John Cook,
James Pearce, Francis Rolle, Gentlemen; Servington Savery
The County of Dorset, and the Town and County of Pool.
John Brown the elder, John Trenchard, John Still, John White
way, William Lawrence, Walter Foy, Edward Chick, Esquires.
The County of Durham.
Sir George Vane, Mark Shafto, John Turner, John Middleton.
The County of Essex, and the Town of Colchester.
Sir William Masham, Baronet, Sir Thomas Bowes Knight,
William Masham, Thomas Cook of Pedmarsh, Dionisius Wakering,
John Fenning, Arthur Barnardiston.
The County of Gloucester, and the City and County of the City
John Stephens, Thomas Hodges, Thomas Pury the elder, William
Leigh, Silvanus Wood, Jeremiah Buck, John Dorney.
The County and City of Hereford.
John Pattesal, John Flacket, Thomas Rawlins, Richard
Nicholets, Thomas Seabourn, John Woodiate, Hugh Jenkins.
The County of Hertford, and the Town of St. Albans.
Sir Richard Lucy Baronet; Alban Cox, John Marsh, William
Packer, Isaac Puller, Richard Comb, Thomas Nichols, Esqs.
The County of Huntington.
Abraham Burrel, Robert Bernard, Nicholas Pedley, Esqs;
Robert Vinter, Griffith Lloyd, Gent.
The County of Kent, and the City of Canterbury.
Sir Michael Livesey Baronet, John Dixwel, William James,
Lambert Godfrey, John Parker, Charls Bowls, Francis Butcher,
The County of Lancaster.
Thomas Fell, Thomas Birch, Richard Shuttleworth, George
Piggot, Edmond Werden, Edward Robinson, William Knipe, Esqs;
The County of Leicester.
Thomas Beamount, William Danvers, Thomas Goddard, Esqs;
John Baker, William Inge, Edmond Cradock, Anthony Major,
The County and City of Lincoln.
Thomas Coppledike, Samuel Cust, John Disney, William Dooman,
Richard Bryan, Robert Yerburgh, Joseph Whiting.
The Cities of London and Westminster, the Counties of
Middlesex and Surrey.
Henry Proby, Peter Elliston, Hogan Hoval, John Humphreys,
Henry Colbron, Nathanael Camfield, Henry Cole, Clement Ireton,
Thomas Stean, Richard Hutchinson, Noah Banks, John Tracy,
Thomas Swallow, Michael Pendleton, Robert Warcup, Robert
Haughton, George Pots.
The County of Northampton.
Edward Farmer of Daintry, William Ward of Houghton,
Benson of Torcester, Edward Harby, John Mounsel, William
Boteler, John Brown.
The County of Notingham, and the County of the Town of
Henry Sacheveril, William Wightman, William Landon, Thomas
Lindley, Christopher Wilson, John Gregory, Gregory Silvester,
The County of Norfolk, and the City and County of the
City of Norwich.
Robert Wood, Thomas Weld, Thomas Toll, Edward Ward, Richard
Brown, Esqs; Thomas Barret Gent. Thomas Ashwel, Thomas
Garret and George Steward.
The County of Northumberland, and the Town of Newcastle.
William Shafto, Luke Killingworth, John Ogle of Kirkley, Mark
Shafto, Thomas Booner of Newcastle, Thomas Leidger of Newcastle,
The County and City of Oxon.
John Carey, Elisha Cole, Thomas Appletree, Walter Elwood,
Robert Jenkinson, Francis Osborn, John Crisp.
The County of Rutland.
Evers Armyne, Robert Horsman, John Osborn, John Weaver,
Benjamin Norton, Esquires; Edward Hugford, William Shield,
The County of Salop.
Humphrey Mackworth, Creswel Taylor, Thomas Mackworth,
Lancet Lee, Edward Cresset, Roger Evans, Esqs; John Ashton
The County of Stafford, and the City and County of Litchfield.
Richard Flyer, Daniel Watson, Thomas Adshed, John Yong,
Zachary Babbington, Thomas Bendy, Thomas Bagnal, Thomas
County of Somerset; and the City and County of the City
of Bristol, and the City of Bath.
John Cary, Robert Morgan, Richard Bovet, John Barker, George
Sampson, John Gutch, Robert Web, Adrian Scroop, Joseph Jackson.
The County of Southampton, and the Town and County thereof,
and the Isle of Wight.
Sir Robert Dillington Baronet, Richard Cromwel, Richard
Whithed, Francis Rivet, Henry Bromfield, John Pitman, Thomas
The County of Suffolk, and the Towns of Ipswich, Bury
St. Edmunds and Aldburgh.
John Gordon, Samuel Moody, Nathanael Bacon, Robert Brewster,
Daniel Clench, Francis Bacon, Thomas Chaplyn, Esqs;
The County of Sussex.
Henry Shelly, Edward Polhil, William Freeman, Roger Gratwick.
Esqs; William Madgewick, Thomas Jenner, William Cobey, Gent,
The County of Worcester, and the City and County of the City
Edmund Giles of Whitlady-Easton, Thomas Bound of Upton,
William Cheatle of Worcester, Edmund Pit of Worcester, Henry
Hill of Broadheath, Edward Elmines Alderman of Worcester,
The County of Warwick, and the City and County of the City
Richard Townsend, Robert Beak, John Fotherston of Packwood,
Joh. Halford, Timothy St. Nicholas, Esqs; James Cook of Warwick Gent. William Thornton.
The County of Wilts.
Edward Tocker, Hugh Windham, John Dove, John Read,
Edward Mitchael, William Cole, William Ludlow, Bennet Swayn,
The County of Westmerland.
John Archer, Jervas Benson, Roger Bateman, William Garnet.
The County of York, and the City and County of the City of York,
and the Town and County of Kingston upon Hull.
Sir William Strickland Knight and Baronet, Luke Robinson,
Durand Hotham, Robert Waters, Henry Tempest, John Stanhop,
Esqs; William Metcalf Alderman of York, Timothy Lumb of Hull
The Isle of Anglesey.
Owen Holland, John Wood, Richard Owen-Theodor, Richard
Bolton, Richard Jones of Bewmaris.
The County of Brecknock.
Edmund Jones, John Dancy, Richard King, Thomas Watkins,
William Jones of Buckland, Esqs;
The County of Cardigan.
Henry Vaughan, Sampson Lort, Thomas Evans, Richard Brown,
Abel Griffith, Esqs;
The County of Carmarthen.
John Price, Rowland Dawkins, Rice Powel, Evan Lewis, John
The County of Carnarvan.
Thomas Madryn, Griffith Jones, Arthur Spencer, Griffith
Wlliams, William Strodderd, Edmond Glyn.
The County of Denbigh.
John Kynaston, Thomas Edwards, Roger Sontley, Hugh Pritchard, William Morris, William Winne, Daniel Lloyd.
Thhe County of Flint.
Andrew Ellis, Luke Lloyd, Ralph Hughes, Richard Yong, Daniel
Lloyd, William Win, George Twisleton.
The County of Glamorgan.
John Price, Rowland Dawkins, Rice Powel, Evan Lewis, John
The County of Monmouth.
John Nicholas, Henry Baker, Christopher Catchmey, John
Morgan of Langum, Esqs; Hugh Rogers Gent.
The County of Merioneth.
Owen Salisbury, Robert Owen, Lewis Win of Balu, Lewis Owen
of Gurthgynuer, Daniel Lloyd, Ellis Hughs, Esqs.
The County of Montgomery.
Hugh Price, Evan Lloyd, Lewis Price, Thomas Lloyd, Edward
Price, Robert Griffith, Esqs; Edward Allen Gent.
The County of Pembrook.
Henry Vaughan, Sampson Lort, Thomas Evans, Richard Brown,
Abel Griffith, Esqs.
The County of Radnor.
Edmond Jones, John Dancy, Richard King, Thomas Watkins,
William Jones of Buckland.
To have the like powers as the Judges first named.; Sheriffs, Gaolers, &c., to obey their Orders.
Which aforesaid Judges, or any three or more of them, are hereby
impowered to hear and determine, and shall and may do and act as
fully, to all intents and purposes, as to the relief of all Prisoners
and Creditors within the aforementioned respective Counties,
Cities and Towns Corporate; and for the punishment of Fraud
and wilful Concealment or otherwise: and shall and may do all
other matters within this Act, as fully, to all intents and purposes,
as the said Henry Proby, Peter Elliston, Hogan Hoval, John
Humphreys, Henry Colbron, Nathanael Camfield, Henry Cole,
Clement Ireton, Thomas Stean, Richard Hutchinson, Noah Banks,
John Tracy, Thomas Swallow, Michael Pendleton, Robert Warcup,
Robert Houghton, George Pots, or any three or more of them,
may or can do or act touching any of the said Prisons of the Upperbench, Fleet, Gate-house or White-chappel, or any person com
mitted to any of them; and any Sheriff or other Officer, by Law
liable for the escape of any Prisoner within any of the said respective
Counties and places, shall be liable to make like satisfaction for
such Escape, as the Gaoler or Keeper of the said Prison of the
said Upper-Bench, Fleet, Gate-house or White-chappel, for Prisoners
escaping thence: And all Sheriffs, Gaolers and Keepers of Prisons,
and others, are hereby enjoyned to give obedience to the Orders
and Judgements of the said respective Judges, within their respective Jurisdictions: And any Enlargement and Liberty to
any Prisoner, by vertue of any such Order or Judgement, is not
to be counted an Escape; nor shall any such Enlargement be a
discharge to any other person, save to the Prisoner so inlarged;
but all such Orders and Judgements for discharge, and giving
liberty to Prisoners, and sale and dispositions of Estates according
to this Act, are to remain in force, and not to be altered but by
Parliament; nor shall the said Judges, or any of them, be questioned,
molested, or responsible for any their actings in pursuance of
this Act, but to the Parliament onely.
Judges not to be questioned but in Parliament. Cases of difficulty to be certified to the Parliament.
And it is further Enacted, That if any case of Difficulty shall
come before the Judges authorized by this Act, wherein they shall
apprehend they have not sufficient power for Relief of just Creditors
or Prisoners; they shall and may hear and examine the truth
of such cases, and certifie the same to the Parliament, with their
opinion what further Provision is fit to be made therein.
This not to extend to estates to be sold for Treason, or under Sequestration, &c.; Fines for Delinquency.
Provided always, That nothing in this Act contained, shall be
construed to extend to any Lands, Tenements, Hereditaments,
or Estate of any prisoner, forfeited and appointed to be sold by
any Act of Parliament for Treason, or otherwise for the use or
service of the Commonwealth; or which is or shall be under
Sequestration for Delinquency, until the Sequestration be
discharged; or to such part of the Estate of any Popish
Recusant, as belongeth to the Commonwealth; or to any Estate,
Lands, Tenements or Hereditaments of Ferdinando Earl of Huntingdon, Edward Lord Viscount Loftus of Ely, Robert Peyton Esq;
and Algernon Peyton, or any of them: Nevertheless, the said
Judges, or any three or more of them within their respective
Limits, may take order for the payment of any Fine or Fines set
or imposed for Composition for Delinquency, whereby to procure
any Estate, Lands, Tenements or Hereditaments, under Sequestration for such Delinquency, to be discharged; and shall and
may examine, hear and determine all other incumbrances whereunto any Estate, Lands, Tenements or Hereditaments, within the
disposition of any of the said Judges by vertue of this Act are lyable,
allowing what in equity and good conscience they shall finde to
be due in satisfaction of such Incumbrances, and freeing and
discharging the said Estate, Lands, Tenements and Hereditaments
from such Incumbrances upon payment thereof, or of so much as
the said Judges respectively shall think fit, or order to be paid.
Merchants or Tradesmen which might be adjudged Bankrupts.
And be it further Enacted, That if the said Judges, or any three
or more of them respectively, shall finde that any prisoner within
this Act hath been a Merchant or Tradesman, and done or suffered
any thing for which he might be adjudged a Bankrupt, according
to any Act or Acts of Parliament made concerning Bankrupts,
they may in any such case (if he pay not his Debts within the
time limited for payment thereof) according to this Act, proceed
to sell and dispose of the estate which he had at the time when
he might be so adjudged a Bankrupt, according to any such Act
or Acts of Parliament made concerning Bankrupts, or at any
time since; so as nothing to be done by the Judges or any of them
by Authority of this Act, shall in any way cross, interrupt or
delay any sale or disposition by any Commissioners upon the
Statutes against Bankrupts; and that such Creditors as shall
seek relief before any of the Judges by vertue of this Act, shall
not prosecute upon any Commission upon the Statutes against
Bankrupts, for any part of the Bankrupts Estate, within the
Power or Jurisdiction of the said Judges before whom they sought
Prisoners dead their debts being unpaid.
And be it further Enacted, That if any Prisoner be dead, his
Debts unpaid, the said Judges, or any three or more of them,
shall and may dispose and sell all such Estate, and trust of Estate
of such Prisoner, as fully as the said Prisoner himself might have
done if he were living: And that all Sales and Dispositions by
vertue of this Act, shall be good and effectual against all persons,
who (being of full Age, sound Minde, not beyond Seas, or Women
covert) shall not within one year next after such Sale or Disposition
make their Estates, or Interest in or to the Estate so sold or disposed, appear to the Judges respectively authorized by this Act, or
any three or more of them, during the time of their Authority,
and after, to such as shall be thereto authorized by Parliament;
which said Judges, or any three or more of them, are hereby
impowered to hear, examine and allow such Claims according
to Justice and Equity; and the like time of one Year is to be
allowed after such Age, sound Minde, return from beyond Seas,
and Women becoming Widows, to make their claims, and no
Prisoners for Fines which they are not able to pay.; Prisoners.; enlarged shall not be again arrested for debts due before,; yet their estates shall be subject to Creditors.
And it is further Enacted, That the said Judges, or any three
or more of them respectively, may give any Relief to any such
Prisoners as lie in prison for any Fine or Fines imposed upon them;
which the said Judges, or any three or more of them respectively,
shall finde the same Prisoner not able to pay. And no Prisoner
inlarged out of prison by vertue of this Act, in regard of poverty
and unability to pay his Debts, shall be again arrested or imprisoned
for any Debt by him due before such Inlargement, but by or
according to the order of the said Judges, or any three or more of
them respectively; And nevertheless, the Estate of any such
Prisoner is to remain subject to the Creditors satisfaction, according
And it is further Enacted, That all Examinations directed and
authorized by this Act, may be done and taken by the said Judges,
or any three of them respectively, upon Oath (which Oath the
said Judges or any three of them are hereby impowered to
administer:) And that the said Judges, or any three or more
of them respectively, may appoint a Clerk and Messenger to
attend them in the Service aforesaid, and appoint them a moderate
and fitting Allowance for their pains, to be paid by such as shall
be relieved by vertue of this Act: And the said Judges, or any
three or more of them, out of the Money raised by the Sale or Disposition of such Prisoners Estates, which they shall sell or dispose
by vertue of this Act, shall have Six pence in the pound towards
their own Charges, and the Charges of the said Clerk and Messenger, except onely in London, Westminster, Middlesex, Surrey
and the Borough of Southwark; in all which they shall have
Two pence in the pound and no more.
Power to examine perjury before them.; Act to continue till 1 Octob. 1654.
And it is Enacted, That the said Judges, or any three or more of
them, shall have power, upon the Oath of Two or more credible
Witnesses, to hear and determine any matter of Complaint against
all such persons as shall falsly swear or perjure themselves in any
case depending before them, as if the same were done upon Indictment or Information in any court of Record, and to inflict
like punishment. And this Act shall continue in force until the
First day of October, One thousand six hundred fifty and four,
and no longer.
Discharges for Rent.
Provided nevertheless, and it is hereby Enacted, That all Acquittances, and all other lawful Discharges made really and without
Fraud, by any Prisoner for any Rent due to such Prisoner before
the passing of this Act, shall remain of like force and effect in
Law, as if this Act had not been made,
Town of Berwick.
And it is Enacted, That this Act shall extend unto the Town
of Berwick upon Tweed; and that sir William Selby Knight,
John Mayre Esq; John Sleigh and Thomas Watson, Aldermen
of the said Town, and Ralph Salkeld Esq; shall be Commissioners
for the said Town; And they or any three of them, shall have
full power to put in execution within the said Town, all and every
the Powers and Authorities in this Act contained, in as full and
ample maner, to all intents and purposes, as the Commissioners
above-named for any of the Counties within England or Wales,
may or ought to do, Any former Law, Statute, Usage or Custom
to the contrary notwithstanding.