¶ The Humble petition of the distressed prisoners in the Kings Bench , and Fleete , and all others his Maiesties distressed Subiects , now Prisoners , within his Maiesties Realme of England , and Dominion of Wales .

IN most lamentable manner sheweth vnto your Honours , That whereas heretofore many good and lawdable Acts and Statutes haue beene made for the reliefe and prouision of maymed Souldiers , and also for the reliefe of the poore in euery Parish ; But as yet no prouision or reliefe for poore distressed Prisoners in this Realme , which are many thousands in England whereof at this present , remaines in the 15. Prisons , in and about the City of London the number of 3500. able Subiects for his Maiesties seruice , if occasion serue of imployments : And forasmuch as this Honourable House is now making and establishing of many good Lawes , for the peace and good of this Common-wealth , which may well concurre and agree with the graue saying , of that worthy and Honourable member of this house ( Sir Edward Coke Knight ) in his fourth booke of Reports , giueth this Christian aduice to all Iudges and Iustices , that boni Iudicis interest lites dirimere ;

Most humbly beseeching your Honours to commiserate our distressed estates , and to take into your Honourable and charitable consideration this our offered Bill heere in Parliament , And in your graue wisedomes , to make and establish some good and charitable Lawe , for the speedie reliefe and releasement of all such Prisoners now in distresse , or hereafter shall bee so imprisoned , as all other Christian nations hath done in this case , most humbly beseeching this honourable House , to further this our charitable sute .

And your poore Petitioners will now , and euer heereafter , be bound on their bended knees to pray for these Houses of Parliament .

¶ The state of the Bill for Prisoners .

FIrst , That all Iustices of Peace within London , or within fiue miles of the said Citie , or any 6.4 . or 3. of them , shall haue full power by the Act to examine the estate of euery Prisoner for debt , and so to see the Creditor paid to the value of his lands , estate , and goods , with some consideration for meanes , for wife , children , and family , and so to free them out of prison .

And likewise 6.4 . or 3. discreete Gentlemen of good ranke and quality to bee chosen Commissioners in euery Shire and County , within England and Wales , by the Custos Rotulorum , or in his absence 4. of the ancientest Iustices in person at the Sessions , once euery yeere to doe the like , for releasement of Prisoners , as the Act more at large declareth , and so to free the Prisoners in euery Prison in the Countrey ; And those Prisoners whose estates are nothing worth to be set at liberty .

And also the said Commissioners are by the Act enioyned to execute the same Act 4. seuerall times in euery yeere , viz. 10. dayes before euery quarter day .

¶ Certaine good allegations and motiues , that an Act for the generall releasements of Prisoners , is better then a Commission in particular for Prisoners in the Fleete and Kings Bench as hereafter followeth .

1. FIrst an Act is more requisite then a Commission , for an Act will still free all his Maiesties Subiects generally in all Shires , whereas a Commission is but for the Prisoners in London ; And when Prisoners are still released in all places , they are ready in person to serue their King and Countrey in all parts of this Realme .

2 Secondly , diuers Prisoners are so poore ( by reason of long imprisonment ) as they are not able to remooue themselues from forraine Prisons to London , the Writs and Sheriffes charges of men and horses is so great .

3 Thirdly , all or most part of their Creditors , are most commonly in or neere the Shires where they are imprisoned : So as if the Creditors bee many , it will be a very great charge for them to be brought vp to London , or to be warned to be and appeare before Commissioners there , and some so aged as not able to trauaile vp to London without danger of death , whereas they may bee easier and readier to appeare in the Shire where they lie in Prison , by the Commissioners appointed for that Countrey then elsewhere .

4 Fourthly , some Prisoners ( being desperate men ) or hauing many friends in those parts , where they lie in Prison in farre Countreys vpon execution for great summes of money : The Sheriffes hauing a Writ of ( hab. Corpus cum Causa ) to bring vp his bodie to London , will rather aduenture to be deepely fined , then to indanger the high Sheriffe to pay thousands of pounds for the Prisoners escape , as by daily experience it may appeare , which breedes many sutes betweene partie and partie , and vndoeth many a man and his sureties be hee neuer so carefull a Sheriffe .

5 Fiftly , the Commissioners being appointed in euery Shire where the Prisoner is inhabiting , they being acquainted with the Prisoner will giue better credit to the testimony of their knowne neighbours , ( either the Creditor , Debtor , or Witnesses ) then Commissioners at London , of whom they cannot bee so soone , and so well , and truely informed of the difference who is an honest man , and who is not , either Debtor , Creditor , or Witnesse ; So these men , and their estate and causes , are better knowne to the Gentlemen Commissioners where they dwell then elsewhere .

6 Sixtly , the City of London , and the Suburbs and Liberties therof , and the City of Westminster , and the Borough of Southwarke and Liberties thereof , haue about the number of 15. Prisons and Goales , in which at this present time are many thousands of poore distressed Prisoners lying in great misery and want , which were more fitter at this present ( if need should require ) to serue their King and Countrey , then to lie there and perish vnder the hands of cruell Creditors , and barbarous vsing of their Goalers , and their base conditioned Officers .

7 And therefore a charitable Act made that Commissioners may be appointed in euery Shire by the Custos Rotulorum , or foure of the ancientest Iustices at the Sessions will make a speedy dispatch , for the good of the Creditors payment , and for the Prisoners inlargement , as is in all other Christian Kingdomes ; By which Act God will be glorified , the life of the Subiect preserued , the strength of the Kingdome maintained , wife , children , and family relieued , the Creditor sooner satisfied , and all good Subiects pleased .

8 And this Act will bee for the generall good of all posterities euer hereafter , euen from the greatest Subiect to the poorest person , for it may concerne all degrees of Subiects , and in processe of time , preserue the estate of great and good mens posterity , which now vsurie and Vsurers doth daily swallow vp their Lands by morgages , by forfeitures , and extortion : By which meanes , diuers of the Nobility and Gentrie of this Kingdome , are daily consumed by vsury and Vsurers , and by whom , thousands of Prisoners are imprisoned at this day .

All which wee leaue to Gods prouidence , and your Honourable , and wise consideration .