August, 1654
[11 August, 1654.]
Names of new Judges of prisons and prisoners.; Their powers.
Whereas by a late Ordinance of His Highness the Lord
Protector, and his Council, Nathanael Bacon, Francis Bacon, and
other the persons therein named, or any five or more of them,
were made Judges to hear and determine from the ninth day
of June last, the Causes of Imprisonment of such Prisoners as
stood Committed the fift of October, one thousand six hundred
fifty and three, or which should be committed before the
twentieth day of the said October to several prisons therein
named in any Civil cause, and not from thence lawfully
discharged, and to do and exercise in pursuance of a late
Act of Parlament, entituled, An Act for the Relief of
Creditors and poor Prisoners, according to the Explanations
and Alterations thereof made by the said late Ordinance. And
for as much as complaint hath been made to His Highness the
Lord Protector and his Council, That five of the said Judges
cannot constantly meet for the execution thereof, whereby the
same is much retarded, and for other weighty reasons and due
considerations had thereupon; Be it therefore Ordained of His
Highness the Lord Protector, by the advice of his Council, That
the said Nathanael Bacon, Francis Bacon, Arthur Barnardiston,
Peter Elliston, John Parker, Henry Pyt, Edmund Giles, Robert
Aldworth, John Wilsby, Peter Brereton, Clement Ireton, and
Henry Proby, Esqrs. or any three or more of them, and no other
person, shall be and are hereby made Judges as to all Prisons,
and persons committed to any Prisons within the City of London
and Westminster, the Counties of Middlesex and Surrey, or any
of them; as fully to all intents and purposes, and every respect
as any the persons made Judges of any Prisons and Persons, by
the said Act for Relief of Creditors and poor Prisoners, to hear
and determine the causes of Imprisonment of any such
Prisoners, committed as aforesaid, for the cause aforesaid, to
any the Prisons aforementioned, and are impowred to send for
parties or witnesses, and to take and receive the several Fees
and Sallaries, and to do and execute the several Powers
and Authorities by the said Act given to the Judges for the
several Prisons in the said Act named, in every respect
according to the meaning of the said Act, Entituled, An Act for
the Relief of Creditors and poor Prisoners other then the
Powers and Authorities, altered, explained, limited or annulled
by the said late Ordinance, and this present Ordinance, which
last mentioned Powers and Authorities so limited, altered or
explained, are to be put in execution according to the
Limitations, Alterations and Explanations in the said late
Ordinance contained, and not otherwise.
Proof of fraud and wilful concealment thereof to be made before judges sitting with jury.; Penalty for disobedience to judges.; For non prisoners.; For Prisoners.
And it is hereby Ordained, That all proof of fraud and wilfull
concealment of fraud by the said late Ordinance directed to be
made before a Jury, shall be made before a Jury of twelve lawful
men before the said Judges or any three or more of them, which
said Jury by Order of the said Judges shall be forthwith
impannelled and summoned by the Sheriff or Sheriffs of the
said City or County where the said Judges shall sit, to appear
forthwith before the said Judges in like manner and under the
same pains; And for such fees to be set, and taking such Oath
to be administered by the said Judges, or any three or more of
them, as are used and imposed in any Court of Record at
Westminster. And where any Prisoners, or other Persons shall
neglect or refuse to obey the Orders and Judgments of the said
Judges, or any three or more of them, made in pursuance of the
said late Act, the said former and this present Ordinance, or to
discover upon Oath their knowledge touching any Estate or
Trust of Estate, appointed to be sold by the said Act, the former
and this present Ordinance, the said Judges or any three or more
of them, shall and may punish all and every such offender (not
being Prisoners) by imprisonment of their bodies in any the
said Prisons until they conform themselves to the reasonable
Orders of the said Judges, as aforesaid, and if they be persons
already in Prison, then by fine and streighter and closer
Imprisonment of any such Prisoner in any the said Prisons.
Continuance of this Ord. and two former ones.
And it is lastly hereby Ordained, That the said Act for Relief
of Creditors and Poor Prisoners, the Ordinance for Explanation
thereof, and this present Ordinance, shall continue in force until
the first day of December, one thousand six hundred fifty and
four, and no longer.