Anno
XXII
&
XXIII
.
CAROLI
II.
REGIS
.
An
Act
for
the
Relief
and
Release
of
Poor
Distressed
Prisoners
for
Debt
.
FOrasmuch
as
very
many
Persons
now
Detained
in
Prison
,
are
miserably
Impoverished
,
either
by
reason
of
the
late
unhappy
Times
,
the
sad
and
dreadful
Fire
,
their
own
Misfortunes
,
or
otherwise
,
so
as
they
are
totally
disabled
to
give
any
Satisfaction
to
their
Creditors
,
and
so
become
,
without
Advantage
to
any
,
a
Charge
and
Burthen
to
the
Kingdom
,
and
by
Noisomness
(
inseparably
incident
to
extream
Poverty
)
may
become
the
occasion
of
Pestilence
and
Contagious
Diseases
,
to
the
great
Prejudice
of
the
Kingdom
;
Be
it
therefore
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
it
shall
and
may
be
lawful
to
and
for
any
Iustice
of
the
Peace
of
any
County
,
City
,
Town
or
Liberty
within
the
Kingdom
of
England
,
Dominion
of
Wales
,
or
Town
of
Berwick
upon
Tweed
,
by
Warrant
under
his
Hand
and
Seal
,
to
require
the
Sheriff
,
Goaler
,
or
Keeper
of
any
Prison
within
his
respective
Iurisdiction
,
to
bring
without
delay
,
the
Body
of
any
Person
,
being
in
Prison
for
Debt
on
the
Fourteenth
day
of
April
,
One
thousand
six
hundred
seventy
and
one
,
or
Damages
(
and
Petitioning
such
Iustice
to
be
Discharged
)
to
some
convenient
Place
within
the
distance
of
One
mile
from
the
said
Prison
,
and
shall
certifie
the
Cause
and
Causes
of
the
Imprisonment
,
before
the
same
Iustice
;
Which
Warrant
every
such
Sheriff
,
Goaler
and
Keeper
is
hereby
commanded
to
obey
.
And
in
case
such
Prisoner
coming
before
such
Iustice
,
shall
take
an
Oath
to
this
effect
;
(
Viz.
)
I
A.
B.
do
upon
my
Corporal
Oath
Solemnly
Profess
and
Declare
before
Almighty
God
,
That
I
have
not
any
Estate
Real
or
Personal
,
in
Possession
,
Reversion
,
or
Remainder
,
of
the
Value
of
Ten
pounds
in
the
whole
,
or
sufficient
to
pay
the
Debt
or
Damages
for
which
I
am
Imprisoned
;
And
that
I
have
not
directly
,
or
indirectly
Sold
,
Leased
,
or
otherwise
Conveyed
,
Disposed
of
,
or
Entrusted
all
or
any
Part
of
my
Estate
,
thereby
to
Secure
the
same
,
to
receive
or
expect
any
Profit
or
Advantage
thereof
,
or
Defraud
or
Deceive
any
Creditor
or
Creditors
whatsoever
,
to
whom
I
stand
Indebted
.
Then
after
the
taking
of
such
Oath
,
the
said
Iustice
shall
Remand
the
Prisoner
to
Prison
,
and
shall
give
a
Certificate
there
of
in
Writing
under
his
Hand
and
Seal
,
to
the
same
Prisoner
,
to
be
served
upon
such
Person
or
Persons
,
his
,
or
her
Executors
or
Administrators
,
or
to
be
left
at
the
place
of
the
usual
abode
of
such
Person
or
Persons
at
whose
Suit
the
Prisoner
standeth
Charged
and
Imprisoned
,
thereby
appointing
as
well
the
said
Person
or
Persons
,
as
the
said
Prisoner
,
to
appear
before
the
Iustices
at
the
next
General
Quarter
Sessions
of
the
Peace
to
be
holden
for
the
same
County
,
City
,
Town
,
or
Liberty
;
When
if
it
shall
appear
upon
Oath
(
which
Oath
the
said
Iustices
are
Impowered
to
Administer
)
that
the
said
Certificate
was
so
served
or
left
Fourty
days
or
more
before
the
said
Sessions
;
And
that
the
said
Oath
taken
by
the
said
Prisoner
,
be
not
disproved
by
good
Testimony
of
any
credible
Person
or
Persons
upon
Oath
,
to
be
administred
by
the
said
Iustices
,
by
virtue
of
this
Act
;
Then
the
said
Iustices
being
satisfied
therein
,
shall
direct
there
Warrant
under
their
Hands
and
Seals
,
commanding
the
said
Sheriff
,
Goaler
,
or
Keeper
of
the
Prison
,
to
set
at
Liberty
,
and
Discharge
the
said
Prisoner
,
if
Imprisoned
for
the
Causes
aforesaid
,
and
no
other
,
without
paying
any
thing
for
Fee
,
or
Chamber-Rent
;
which
Warrant
shall
be
a
sufficient
Discharge
to
the
same
Sheriff
,
Goaler
or
Keeper
of
Prison
,
and
no
Action
of
Escape
,
or
other
Action
,
shall
be
brought
against
them
,
or
any
of
them
,
for
the
same
in
any
wise
.
Provided
also
,
and
be
it
Enacted
by
the
Authority
aforesaid
,
Tha●
when
such
Prisoner
or
Prisoners
for
Debt
shall
have
Legally
taken
the
said
Oath
in
this
Act
proposed
to
be
taken
,
and
shall
have
duly
Summoned
his
or
their
Creditor
or
Creditors
;
And
after
the
said
Fourty
days
time
,
if
the
said
Creditor
or
Creditors
shall
make
no
Discovery
of
his
,
her
,
or
their
Estates
,
nor
disprove
nor
detect
the
said
Prisoner
or
Prisoners
of
Forswearing
themselves
;
That
then
if
such
Creditor
or
Creditors
will
not
be
satisfied
therewith
,
(
that
the
said
Prisoner
or
Prisoners
may
be
set
at
Liberty
)
or
will
insist
to
have
the
said
Prisoner
continued
in
Goal
,
That
then
the
said
Creditor
or
Creditors
shall
at
his
and
their
own
proper
Costs
and
Charges
,
allow
and
pay
Weekly
a
reasonable
Maintenance
to
the
said
Prisoner
or
Prisoners
,
such
as
the
said
Commissioners
of
the
Peace
,
or
any
Three
of
them
,
in
their
respective
Divisions
,
shall
order
and
appoint
,
not
exceeding
Eighteen
pence
a
Week
;
and
upon
Nonpayment
of
the
same
Weekly
the
said
Prisoner
or
Prisoners
shall
be
set
at
Liberty
,
according
to
the
true
intent
and
meaning
of
this
Act.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
upon
any
Action
of
Escape
,
or
other
Suit
,
brought
or
to
be
brought
against
any
Sheriff
,
Goaler
or
Keeper
of
any
such
Prison
,
or
other
Officer
or
Person
,
for
any
thing
done
in
Obedience
to
this
Act
,
it
shall
and
may
be
lawful
to
and
forsuch
Sheriff
,
Goaler
or
Keeper
of
Prison
,
or
other
Officer
or
Person
,
to
Plead
the
General
Issue
,
and
give
this
Act
in
Evidence
,
which
shall
be
a
good
and
sufficient
Discharge
,
and
shall
save
harmless
every
such
Sheriff
,
Goaler
or
Keeper
of
Prison
Pleading
the
same
;
And
if
the
Plaintiff
in
any
such
Action
shall
be
Nonsuited
,
or
Verdict
pass
against
him
,
the
Defendant
shall
have
double
Costs
,
to
be
Taxed
by
the
Court
where
such
Action
shall
be
brought
.
Provided
always
,
and
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
notwithstanding
the
Discharge
of
the
Person
of
such
Prisoner
,
as
aforesaid
,
upon
taking
the
Oath
aforesaid
,
all
and
every
Iudgment
had
and
taken
against
him
or
her
,
shall
be
,
and
stand
good
and
eff●ctual
in
the
Law
,
to
all
intents
and
purposes
against
the
Lands
,
Tenements
,
Hereditaments
,
Goods
and
Chattels
only
of
the
said
Prisoner
so
Discharged
as
aforesaid
;
And
it
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
said
Prisoner
is
kept
in
Prison
,
then
the
said
Prisoner
shall
forthwith
be
discharged
by
Warrant
under
the
Hands
and
Seals
of
any
Two
Iustices
of
the
Peace
of
the
same
County
and
Division
where
the
said
Prisoner
shall
be
so
in
Prison
,
to
the
Keeper
of
such
Prison
in
that
behalf
directed
,
as
fully
and
amply
as
if
such
Prisoner
had
been
Discharged
by
the
Iustices
of
the
Peace
at
their
Quarter
Sessions
,
as
in
the
said
recited
Act
is
mentioned
;
and
that
then
and
from
thenceforth
the
said
weekly
Allowance
shall
cease
and
determine
,
as
if
the
same
had
never
been
made
.
And
all
Prisoners
by
this
present
Act
,
or
by
the
said
former
Act
Freed
and
Discharged
from
their
Imprisonments
,
are
hereby
Acquitted
and
Discharged
of
and
from
the
payment
of
Chamber-Rent
,
and
all
and
every
other
Fee
and
Fees
due
to
the
Goaler
or
Keeper
of
such
Prison
or
Prisons
in
any
manner
or
wise
.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
no
Prisoner
Discharged
out
of
Prison
by
virtue
of
this
present
Act
,
or
by
virtue
of
the
said
recited
Act
,
shall
at
any
time
hereafter
be
Imprisoned
for
or
by
reason
of
any
Debt
or
Damages
,
or
any
Sum
or
Sums
of
Money
contracted
or
grown
due
to
,
or
recovered
by
any
person
or
persons
at
whose
Suit
the
said
Prisoner
did
then
stand
Charged
in
any
Prison
,
or
any
other
person
or
persons
to
whom
such
Prisoner
did
give
notice
under
the
Hand
and
Seal
of
some
Iustice
of
the
Peace
of
the
same
County
,
City
or
Place
,
the
space
of
Fourty
days
before
the
time
of
his
Discharge
,
of
his
intention
to
receive
the
benefit
of
this
Act
,
and
of
the
way
and
course
he
intended
to
take
for
obtaining
the
same
,
before
the
time
of
their
Discharges
,
as
aforesaid
;
But
that
upon
any
Arrest
for
such
Debt
,
Damages
,
or
Sums
of
Money
,
it
shall
or
may
be
lawful
for
them
,
shewing
a
Duplicate
of
their
Discharge
under
the
Hands
and
Seals
of
the
Iustices
of
the
Peace
by
whom
they
were
Discharged
,
or
of
any
Two
of
them
,
or
of
such
Iustices
of
the
Peace
,
in
case
such
Prisoner
be
Discharged
after
an
allowance
of
Maintenance
by
the
Creditor
for
Three
Mouths
,
as
aforesaid
,
which
the
said
Iustices
are
hereby
required
to
give
to
every
Prisoner
so
by
them
Discharged
,
to
retain
an
Attorney
to
appear
for
them
,
and
File
Common
Bail
to
every
such
Action
,
and
Plead
thereunto
;
so
that
the
Plaintiff
,
if
he
please
,
may
recover
,
and
enter
Iudgment
against
such
Prisoner
,
to
be
executed
and
levied
upon
the
Lands
,
Tenements
,
Goods
and
Chattels
of
such
Prisoner
so
Discharged
,
as
aforesaid
,
his
or
her
Wearing
Apparel
,
Furniture
for
his
or
her
Dwelling
house
,
the
said
Furniture
not
exceeding
Ten
pounds
in
value
,
and
necessary
Tools
for
his
or
her
Trade
and
Occupation
only
excepied
,
but
not
upon
the
person
of
the
Prisoner
,
the
persons
of
such
Prisoners
being
hereby
for
ever
Freed
and
Discharged
from
Imprisonment
for
any
Debt
,
Trespass
upon
the
Case
,
Duty
,
Sum
or
Sums
of
Money
,
or
thing
thereunto
relating
,
Contracted
or
due
before
the
time
of
their
Discharge
,
having
had
notice
,
as
aforesaid
.
And
be
it
Enacted
by
the
Authority
aforesaid
,
That
in
case
any
Sheriff
,
Goaler
,
and
Keeper
of
Prison
shall
refuse
and
delay
to
bring
and
Discharge
,
and
set
at
Liberty
any
Prisoner
or
Prisoners
,
according
to
the
Order
of
the
Iustice
or
Iustices
of
the
Peace
,
made
in
pursuance
of
this
Act
,
or
of
the
said
former
recited
Act
:
Every
such
Goaler
,
Sheriff
,
or
Keeper
of
Prison
,
shall
forfeit
and
pay
to
such
Prisoners
so
detained
contrary
to
such
Order
,
the
Sum
of
Twenty
pounds
,
to
be
recovered
by
Action
of
Debt
in
any
of
His
Majesties
Courts
of
Record
,
and
shall
also
be
subject
to
such
Fine
and
Punishment
as
the
said
Iustices
of
the
Peace
shall
upon
complaint
thereof
to
them
made
Order
and
Award
.
And
be
it
further
Enacted
by
the
Authority
aforesaid
,
That
upon
any
Action
of
Escape
,
or
other
Suit
brought
or
to
be
brought
against
any
Iustice
of
the
Peace
,
Sheriff
,
Goaler
or
Keeper
of
Prison
,
for
any
thing
done
in
obedience
to
this
Act
,
it
shall
and
may
be
lawful
to
and
for
any
such
Iustice
of
the
Peace
,
Sheriff
,
Goaler
and
Keeper
of
Prison
,
to
plead
the
General
Issue
,
and
give
this
Act
in
Evidence
,
which
shall
be
a
good
and
sufficient
Discharge
,
and
shall
save
harmless
every
such
Iustice
of
the
Peace
,
Sheriff
,
Goaler
or
Keeper
of
Prison
pleading
the
same
;
And
if
the
Plaintiff
in
any
such
Action
shall
be
Non-suited
,
or
Verdict
pass
against
him
,
the
Defendant
shall
have
double
Costs
,
to
be
Taxed
by
the
Court
where
such
Action
is
brought
.
Provided
always
,
and
be
it
Enacted
,
That
the
Discharge
of
any
verson
or
persons
by
virtue
of
this
Act
,
shall
not
amount
unto
,
or
be
construed
to
Free
or
Discharge
any
other
person
or
persons
joyntly
or
severally
bound
for
,
or
liable
to
answer
or
satisfie
the
said
Debt
,
or
any
part
thereof
,
either
as
Principal
or
Surety
,
but
that
such
other
person
or
persons
shall
be
liable
to
answer
the
said
Debt
and
Damages
in
such
manner
,
to
all
intents
and
purposes
,
as
they
were
before
the
Discharge
of
such
Prisoner
.
Provided
also
,
That
no
person
shall
be
Discharged
by
this
Act
,
that
hath
not
,
or
shall
not
before
such
Oath
made
,
have
remained
in
Prison
by
the
space
of
Six
months
.
Provided
also
,
That
no
person
by
virtue
of
this
Act
shall
be
Discharged
out
of
Prison
,
who
shall
stand
Charged
in
Execution
with
more
then
the
Sum
of
Five
hundred
pounds
to
any
one
person
,
Principal
Money
,
and
Damages
.
Provided
also
,
That
no
Creditor
insisting
to
have
his
Debtor
continued
in
Prison
,
shall
be
bound
to
make
any
Weekly
Allowance
for
the
Subsistance
of
the
Prisoner
,
where
the
Father
,
Mother
,
Son
or
Daughter
,
or
other
person
who
by
the
Laws
of
this
Realm
are
bound
to
Maintain
him
in
Discharge
of
the
Parish
,
if
he
were
at
large
,
are
of
sufficient
Ability
to
Maintain
such
Prisoner
.
Provided
also
,
and
be
it
Enacted
,
That
if
any
Creditor
insisting
to
have
his
Debtor
continued
in
Prison
,
and
Ordered
to
make
Allowance
towards
his
Maintenance
,
shall
desire
to
have
his
Debtor
,
being
a
person
formerly
using
any
Handicraft
or
Day-labour
,
removed
to
any
publick
Workhouse
,
there
to
be
kept
at
hard
Labour
,
and
shall
within
One
week
next
after
notice
of
such
Order
for
making
Allowance
,
at
his
own
proper
Costs
and
Charges
,
cause
such
Prisoner
by
Habeas
Corpus
and
Commitment
,
or
other
Order
,
to
be
removed
to
any
publick
Workhouse
in
the
same
County
where
the
said
Prison
is
,
or
within
Twenty
miles
distance
of
the
said
Prison
,
That
then
such
Prisoner
so
removed
to
the
said
Workhouse
,
shall
and
may
be
there
held
to
Labour
suitable
to
his
Ability
,
and
the
Creditor
or
Creditors
shall-afterwards
contribute
towards
his
Maintenance
,
only
such
Sum
as
over
and
above
the
profit
of
his
Labour
shall
be
requisite
to
Maintain
him
,
to
be
ascertained
by
the
two
next
Iustices
of
Peace
;
And
in
case
the
profit
of
his
Labour
shall
exceed
the
value
of
his
Maintenance
,
One
moiety
of
the
overplus
shall
go
towards
the
payment
of
his
Debts
for
which
he
remains
in
Execution
;
the
other
Moiety
shall
be
paid
to
the
hauds
of
the
said
Prisoner
,
the
said
Moieties
to
be
distributed
accordingly
by
the
two
next
Iustices
of
the
Peace
.
And
be
it
further
Enacted
,
That
after
any
person
shall
by
virtue
of
this
Act
have
continued
at
any
Workhouse
by
the
space
of
Two
years
,
he
is
then
to
be
Discharged
from
his
Imprisonment
,
and
enjoy
the
full
Benefit
of
this
Law
.
And
be
it
Enacted
,
That
any
Iudge
of
such
Court
whereto
such
Debtor
is
a
Prisoner
,
or
the
two
next
Iustices
of
the
Peace
to
such
Workhouse
,
shall
and
may
have
power
to
commit
such
Debtor
,
being
brought
before
him
or
them
by
Habeas
Corpus
,
or
Order
under
the
Hands
and
Seals
of
two
such
Iustices
,
unto
any
Workhouse
within
the
County
where
such
Prison
is
,
there
to
remain
according
to
this
Act.
Provided
always
,
and
be
it
Enacted
,
That
if
any
Prisoner
that
shall
be
Released
by
virtue
of
this
Act
,
shall
at
any
time
afterwards
be
found
or
suspected
by
any
of
his
Creditors
to
have
in
ready
Money
,
Goods
or
Chattels
in
his
own
hands
and
possession
,
or
in
the
hands
of
any
others
,
to
his
or
her
use
,
or
in
Trust
for
him
or
her
,
in
value
over
and
above
what
he
or
she
is
allowed
by
this
or
the
said
former
Act
to
have
,
other
then
such
Goods
in
his
Shop
or
Work-house
as
he
shall
have
been
Credited
or
Trusted
with
since
the
time
of
his
Discharge
,
and
for
what
he
shall
be
really
Indebted
at
the
time
of
his
making
such
Oath
,
and
he
or
she
will
not
or
do
not
upon
convenient
Demand
,
pay
his
or
her
Debt
or
Debts
therewith
,
as
far
as
the
same
will
reach
,
That
then
,
and
in
such
case
,
at
the
Request
of
any
Creditor
,
the
said
Oath
shall
be
tendred
to
him
or
her
again
,
by
any
Iustice
of
the
Peace
in
this
Act
before
Impowered
to
Administer
the
said
Oath
for
Discharge
or
Prisoners
,
or
by
any
Iudge
of
the
Court
wherein
there
is
Iudgment
against
him
,
which
he
or
she
refusing
to
take
,
shall
be
Remanded
to
Prison
in
Execution
for
such
Debt
or
Debts
;
Any
thing
in
this
Act
to
the
contrary
notwithstanding
.
Provided
also
,
That
this
Act
shall
not
extend
to
any
person
or
persons
in
Execution
for
any
Fine
on
him
or
her
Imposed
for
any
Offence
committed
before
the
said
Nine
and
twentieth
day
of
May
,
One
thousand
six
hundred
seventy
and
eight
.
Provided
that
such
person
or
persons
as
is
or
are
detained
in
Prison
upon
any
Mean
Process
,
if
it
shall
be
desired
by
any
Creditor
,
before
any
Iustice
of
the
Peace
to
whom
such
Prisoner
hath
applied
for
his
Discharge
,
shall
forthwith
give
a
Warrant
to
some
Attorney
to
Appear
,
or
File
common
Bail
for
him
or
them
,
in
the
Court
out
of
which
the
said
Mean-Process
Issued
,
and
to
receive
a
Declaration
at
the
Plaintiffs
Suit
,
and
that
such
Prisoner
shall
thereupon
have
the
full
Benefit
of
this
Law
,
as
to
the
Liberty
of
his
Person
,
against
his
said
Imprisonment
upon
the
said
Mean
Process
,
and
against
any
Iudgment
or
Execution
that
shall
be
had
against
him
in
that
Suit
,
and
against
any
other
Suit
that
shall
be
brought
against
him
for
the
same
Matter
or
Cause
of
Action
,
to
all
intents
and
purposes
,
as
fully
and
beneficially
as
if
he
had
been
Charged
in
Execution
at
the
said
Plaintiffs
Suit
before
the
Nine
and
twentieth
of
May
,
One
thousand
six
hundred
seventy
and
eight
;
but
such
Prisoner
upon
Mean-Process
,
shall
,
in
case
of
his
refusal
to
give
such
Warrant
of
Attorney
,
lose
the
whole
Benefit
of
this
Law
.
Provided
always
,
That
no
Merchant
Stranger
,
or
other
Alien
or
Foreigner
that
hath
been
Arrested
,
and
is
in
Prison
on
any
Action
or
Suit
,
for
or
by
reason
of
any
Debt
,
or
other
Engagement
Contracted
or
Entred
into
beyond
the
Seas
,
shall
have
any
Benefit
by
this
Act
;
but
that
all
and
every
such
Merchant
Stranger
,
or
other
Alien
or
Foreigner
,
shall
and
may
be
detained
in
Prison
,
and
proceeded
against
as
it
this
Act
had
never
been
made
.
Provided
always
,
That
no
Prisoner
shall
be
Discharged
by
virtue
of
this
Act
,
until
he
shall
before
the
Iustices
of
the
Peace
who
are
by
this
Act
Impowered
to
Discharge
him
,
Declare
upon
his
Corporal
Oath
(
which
Oath
the
said
Iustices
are
hereby
appointed
to
Administer
)
what
Effects
are
belonging
to
him
,
or
what
Debt
or
Debts
are
then
owing
to
him
within
any
of
His
Majesties
Dominions
,
or
elsewhere
,
and
by
whom
,
and
for
what
Cause
,
and
upon
what
Security
;
of
all
which
a
Schedule
shall
be
made
in
the
presence
of
such
Iustices
,
and
Subscribed
by
the
Prisoner
,
and
shall
be
by
such
Iustices
Returned
to
the
next
Sessions
,
there
to
be
kept
for
the
better
Information
of
the
Creditors
of
such
Prisoner
,
who
,
or
such
of
them
as
will
joyn
,
may
thereupon
Sue
for
such
Debts
,
or
so
much
thereof
as
will
reasonably
satisfie
them
,
in
the
name
of
the
Prisoner
,
and
after
the
same
Recovered
and
Received
,
to
render
the
overplus
(
their
own
Debts
and
Charges
first
deducted
)
to
the
Prisoner
.
Provided
always
(
and
to
deter
all
persons
who
are
by
the
Charitable
intention
of
this
Act
to
be
Relieved
,
from
abusing
the
Favour
hereby
to
them
intended
)
That
if
any
person
,
who
shall
in
pursuance
of
this
Act
take
this
Oath
for
any
of
the
purposes
hereby
appointed
,
shall
Forswear
or
Perjure
himself
,
Then
such
person
being
thereof
lawfully
Convicted
,
shall
beyond
,
and
over
and
above
the
Penalties
which
may
by
the
Law
now
in
being
be
Indicted
,
suffer
Imprisonment
for
the
space
of
Seven
years
,
without
Bail
or
Mainprise
.