<!DOCTYPE ETS PUBLIC "-//UMDLPS//DTD EEBOPROOF 2.0//EN">
<ETS>
<TEMPHEAD>
<REVDESCR>
<CHANGE>
<DATE>2014-10-22</DATE>
<RESPSTMT>
<NAME>Kate Allen</NAME>
<RESP>MURP</RESP>
</RESPSTMT>
<ITEM>Checklist: x *Add TEMPHEAD, change DATE, validate x*Review over structure: FRONT,BODY, BACK, DIV or rarely GROUP x*Add DIV TYPEs, make sure that types makes sense as a navigational aide, and work in the context of the whole text, validate x*Survey book for troublesome formats of all kinds, including lists, illustrations, tables, music, math, end-notes, quasi-tabular arrangments, and marginalia. x*Proof title page(s) x*Examine marginalia. Is it all best tagged as NOTE? x*Observe divtop and divbottom material marking beginnings and ends of divisions, check that they are correctly tagged as HEAD, HEADNOTE, CLOSER, OPENER, ARGUMENT, EPIGRAPH, SIGNED, DATELINE, BYLINE, TRAILER, etc. x*Check for GAPs x*Check PB placement and completeness, ensure sequence of N="" x*Check ^, oe, abq, italic I / J, _Initals, space between &amp;c., --, # x*Check for illustrations and correct usage of FIGURE. Add FIGDESCs if necessary. x*Check q, startq, endq, Q
*Correct excusable and inexcusable errors x*If appropriate, check for yoghs. x*If appropriate, check for Latin problems, e.g. oe and ae digraphs x*If appropriate, check for abbreviation and brevigraph problems. x*If appropriate, check for units of measure, symbols (alchemical, astronomical, etc.) and the like. x*Correct illegibles from proofsheet x*Check illegible page, para, line, span, word, dollar signs
*Final validate Corrected [ ] illegible groups out of [ ]. Converted [ ] illegible groups to GAP DESC="illegible". DONE</ITEM>
</CHANGE>
</REVDESCR>
</TEMPHEAD>
<EEBO>
<IDG S="marc" R="UM" ID="A88855">
<STC T="W">L780</STC>
<STC T="T">E632_5</STC>
<STC T="C">R206454</STC>
<BIBNO T="umi">99865611</BIBNO>
<VID>117857</VID>
</IDG>
<TEXT LANG="eng">
<FRONT>
<DIV1 TYPE="title page">
<PB REF="1" MS="y">
<P>PROPOSITIONS
<LIST>
<ITEM>1. For Recording and Regi|&s;tring of Deeds and Con|veyances. For preventi|on of frauds and deceits in Sales; And quieting of po&s;&s;e&s;&s;ions of Purcha&s;ers.</ITEM>
<ITEM>2. Judgments, Statutes, and other Incumbrances upon Lands and Tenements. For preventi|on of frauds and deceits in Sales; And quieting of po&s;&s;e&s;&s;ions of Purcha&s;ers.</ITEM>
<ITEM>3. For inabling Creditors to have the benefit of Copy|hold, and Intayled Lands and Tenements for their &s;a|tisfaction. As far as may be conveyed by &s;urrender, or cut off by Fine or com|mon recovery; And of all Chattals Real, as well as Per|&s;onall.</ITEM>
</LIST></P>
<P>By <HI>William Leach</HI> of the Middle-Temple, GENT.</P>
<P><HI>LONDON,</HI> Printed by <HI>W: H:</HI> and are to be &s;old by <HI>G: B:</HI> at his &s;hop in Fleet&s;treet. 1651</P>
</DIV1>
</FRONT>
<BODY>
<DIV1 N="1" TYPE="proposition">
<PB N="2" REF="2">
<HEAD>1 <HI>Propo&s;.</HI> Is for prevention of &s;ecret and fraudulent Deeds and Con|veyances, &amp;c.</HEAD>
<P>FOra&s;much as great numbers of &s;ecret, fraudulent Deeds and Conveyances, and other frauds and deceits have been of late years contrived, and more frequent practi&s;ed then for|merly (notwith&s;tanding the good Act made and Enacted in the yeare of the Raigne of the late Queen <HI>Elizabeth</HI> of En|gland, for prevention of the &s;ame) by many wicked people, &s;el|ling their Mannors, Me&s;&s;uages, Lands, Tenements, Hereditaments, and other things; &s;ometimes twice, other times thrice, foure or five times over to &s;everall purcha&s;ers, for good and valuable con|&s;ideration, whereby divers hone&s;t people of this Nation, (who have purcha&s;ed the &s;ame Lea&s;es, Rents, Annuities or charges, out of the &s;ame, for great &s;ummes of money) have been defrauded of all that which they carefully and hone&s;tly have laboured for, the greate&s;t part of their lives, and afterward lived in, great mi&s;ery and extremity the re&s;idue of the continuance of their time. And other of &s;uch Purcha&s;ers by rea&s;on of &s;uch frauds and deceits, have been troubled and turmoyled, and put to great exce&s;&s;ive charges and tedious Suits; and e&s;pecially in the Courts of Chan|cery, or in Courts called Courts of Equity, or Engli&s;h Courts, ma|ny years together; and yet in the end, by the means afore&s;aid, have failed of recovery or obtaining that, for which they have ju&s;tly and hone&s;tly paid, or any part of their money which they have disbur&s;ed in that behalfe.</P>
<DIV2 TYPE="provisions">
<HEAD><PB N="3" REF="2">For prevention whereof, it is propo&s;ed to be petitioned to the &s;u|preme Authority of this Nation, that it may</HEAD>
<P><HI>BE ENACTED,</HI> That a true Copy of all and every Deed, Indenture, bargaine or &s;ale, Lea&s;e, Gift, Grant, or other Conveyance (of all and every Mannors, Me&s;&s;uages, Lands or Tenements; or of Annuities, Rents, charges, or other incumbrances out of the &s;ame, for the &s;pace of &s;ome certain number of years to be thought con|venient by the Supreme Authority of this Nation in that behalf) or an ab&s;tract of &s;o much of &s;uch Deed, Indenture, Bargain or Sale, Lea&s;e, Gift, Grant, or other conveyance: Whereupon le&s;&s;e than the mo&s;t u&s;uall Rent thereof &s;hall be re&s;erved, &s;hall be made and de|livered into the Keeper or Keepers of the Rolls, which are or have been, or &s;ome &s;uch Officer or Officers, by the Supreme Au|thority of this Nation, to be appointed, con&s;tituted or ordained in that behalfe, of, and for every County, City, Burrough, Town-Corporate, or Hundred, or divi&s;ion of &s;uch County; where &s;uch Mannors, Me&s;&s;uages, Lands or Tenements be, or &s;hall be &s;cituate, lying or being within &mdash; weeks, or &s;ome time, by the Supreme Authority of this Nation, to be thought convenient in that behalf, next after Proclamation &s;hall be made in &s;uch County, City, Bur|rough, Town-Corporate, Hundred, or Divi&s;ion, of the &s;ale of &s;uch Mannors, Me&s;&s;uages, Lands, Tenements, or Hereditaments, or, &amp;c. to be made by him, her or them, who have, or &s;hall have the im|mediate po&s;&s;e&s;&s;ion therof, or have received, perceived, or taken, or &s;hall receive, perceive, or take the Rents, I&s;&s;ues or profits thereof, to his, her or their owne u&s;e or u&s;es quietly and peaceably, and had, or &s;hall have any thing in the &s;ame, by the &s;pace of a yeare or &s;ome other time, by the Supreme Authority of this Nation to be thought convenient in that behalf next before &s;uch Proclamation &s;o made, or to be made, and there the &s;ame Copy and Proclamation &s;hall be fairly entred, of, or upon Record, in a good method, readily and &s;peedily to be found; otherwi&s;e all and every Deed and Deeds, Indenture and Indentures, Bargaine and Bargaines, Sale and Sales, and conveyances of any &s;uch Mannors, Me&s;&s;uages, Lands or Tene|ments, Hereditaments, Rents, Annuities or charges (though upon or for good and valuable con&s;ideration) &s;hall be void, invalid, and of none effect, again&s;t all, every, and any, who have purcha&s;ed or obtained, or &s;hall purcha&s;e or obtain any &s;uch Mannors, Me&s;&s;uages, Lands, Tenements, Hereditaments, Rents, Annuities or char<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">es, for good or valuable con&s;ideration; who &s;hall fir&s;t make, or cau&s;e
<PB N="4" REF="3"> to be made and entred &s;uch Copy and Proclamation as afore&s;aid. And that if the Record of the &s;ame Proclamation &s;hall be &s;ent to the Cities of <HI>London</HI> or <HI>We&s;tmin&s;ter,</HI> or &s;ome other one parti|cular place (where the foure &s;uperiour Courts u&s;ually have been held at <HI>We&s;tmin&s;ter</HI>) &s;hall be held, in time of &s;icknes, or other contagion, or trouble in or about the &s;aid Cities of <HI>London</HI> or <HI>We&s;tmin&s;ter,</HI> there to be filed and entred in a book by an Officer (by the Supreme Court of Parliament to be ordained and con&s;ti|tuted in that behalfe.) And that every &s;uch Proclamation and Copy &s;hall be fairly written on good parchment, and in a legible hand, and filed and kept together, for every &s;uch re&s;pective County, City, Town, Corporate, Burrough, Hundred and Divi&s;ion, particular by it &s;elfe, &s;afely and (as near as can be) in as good a method, as Fines are and have been u&s;ually kept in the Fine-Office: And that a book or Pye in an Alphabeticall manner &s;hall be kept by every &s;uch Officer, for the ready and pre&s;ent find|ing of every &s;uch Proclamation and Copy (that is to &s;ay) the names of the &s;aid Mannors, Me&s;&s;uages, Lands, Tenements and Heredi|taments in every of &s;uch re&s;pective County, City, Burrough, Town-Corporate, Hundred or Divi&s;ion, by it &s;elfe; and of the names of the Parties, to all and every &s;uch Deed, Indenture, Bar|gaine, Sale, Gift or other conveyance; And that every &s;uch Offi|cer upon receit of every &s;uch Proclamation or Copy, &s;hall ex|amine and &s;igne another Copy of the &s;ame to be tendred for that purpo&s;e, upon delivery of &s;uch Proclamation or Copy, and deli|ver the &s;ame to the party who &s;hall fir&s;t deliver in &s;uch Procla|mation or Copy, requiring the &s;ame. And that if any Record of &s;uch Proclamation &s;hall happen to be lo&s;t or peri&s;h, that then eve|ry &s;uch Officer (having the keeping thereof) &s;hall cau&s;e Pro|clamation thereof to be made in the re&s;pective County, City, Town Corporate, Burrough, Hundred or Divi&s;ion; where &s;uch Mannors, Me&s;&s;uages, Lands, Tenements and Hereditaments men|tioned in &s;uch Proclamation &s;hall be &s;cituate, lying or being; or otherwi&s;e forfeit &s;uch Office, and &s;atisfie every party to be grie|ved, his, her or their dammage and lo&s;&s;e thereby to be &s;u&s;tained.</P>
<P>And that &s;uch Officer &s;hall freely new record every &s;uch Pro|clamation and Copy to be delivered to him within&mdash;next after &s;uch Proclamation, or &s;ome other time &s;o to be thought con|venient.</P>
<PB N="5" REF="3">
<P>And that every &s;uch Officer &s;hall only take &s;ome competent &s;umme of money, as by the Supreme Authority of this Nation &s;hall be thought convenient in that behalfe, for the recording, filing, pying or entring into a book, of every of &s;uch Proclamation or Copy, and for examination and &s;igning of every &s;uch Copy, and for every &s;earch of every &s;uch thing.</P>
<P>And that all and every per&s;on and per&s;ons, his, her, or their heirs, Executors or A&s;&s;ignes, &s;o cau&s;ing &s;uch fir&s;t Proclamati<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">n and Entry, and filing of &s;uch Copy, to be made and &s;ent to the Supe|rior place (after the &s;ame hath &s;o there remained by the &s;pace of a yeare, or &s;ome other time, &s;o to be thought convenient; and no lawfull Entry made upon &s;uch Mannors, Me&s;&s;uages, Lands and Tenements, &amp;c.) &s;hall and may hold and enjoy all and &s;ingular the Mannors, Me&s;&s;uages, Lands, Tenements and Hereditaments, Rents and charges therein contained, according to the true intent and meaning of &s;uch Copy, without trouble or interruption.</P>
<P N="1">1. PROVIDED, That no &s;uch Officer or Officers &s;hall file, &s;igne, or enter any Copy of any &s;uch Deed, Indenture, Bargaine, Sale, Gift, Grant, Lea&s;e, or other conveyance or Cau&s;e, or wil|lingly permit any &s;uch thing to be done; unle&s;&s;e the &s;ame be ac|knowledged by the Party or Partyes to the &s;ame mentioned, to be therein Donors, bargainers, &s;ellers, givers, granters, le&s;&s;ors or con|veyors, before one of the Ju&s;tices of one of the Superiour Courts at <HI>We&s;tmin&s;ter,</HI> or a Ju&s;tice of the Peace (to be one of the chiefe of &s;uch County, City, or other particular place beforementioned) knowing &s;uch Party or Partyes to &s;uch Deed, or other conveyan|ces beforementioned, or te&s;tified by oath of two credible per&s;ons known to &s;uch Ju&s;ticiar or Ju&s;tices and the &s;ame to be put in wri|ting in &s;uch Copy, &s;o to be delivered to &s;uch Officer, under the hand-writing of &s;uch Ju&s;ticiar or Ju&s;tices, and &s;uch witne&s;&s;es or credible per&s;ons. And that no &s;uch Officer, &s;o to be con&s;tituted, to be at the Cities of <HI>London</HI> or <HI>We&s;tmin&s;ter,</HI> or other of the places beforementioned (in the time of &s;icknes or, &amp;c.) &s;hall receive any &s;uch Proclamation or Copy of any other, then a knowne credible per&s;on or per&s;ons, to &s;uch Officer, and to be, or mo&s;t commonly e&s;teemed and accounted by hone&s;t and credible per&s;ons, to be of good or &s;ufficient ability, to &s;atisfie any party or partyes to be wronged thereby, and &s;uch per&s;on or per&s;ons, &s;o known to &s;uch Officer, &s;hall affirme the reality and truth of the &s;ame, and be
<PB N="6" REF="4"> lyable to the partyes to be grieved, for, and by rea&s;on of any mi&s;in|formation, or mi&s;affirmation thereof.</P>
<P N="2">2. And that no per&s;on or per&s;ons (being under the age of one and twenty years, in pri&s;on, out of this Nation or Government, or be|yond the Sea, out of his, her, or their &s;en&s;es, memories, under|&s;tanding and minds; or a woman married, at the time when the right, title, intere&s;t, &amp;c. of, or in any &s;uch Mannors, Me&s;&s;uages, Lands, Tenements&punc; or Hereditaments, Rents or charges, did, or &s;hall fall, happen or accrew to him, her or them) &s;hall lo&s;e, or be barred, or hindred of any of them; If he, &s;he or they doe, or &s;hall make his, her or their Entry or claime to, in, or into the &s;ame within a yeare (or &s;ome other time &s;o to be thought convenient) next after the time that he, &s;he or they re&s;pectively, doe or &s;hall, come or happen to be of the full age of one and twenty years, out of pri&s;on, into this Nation and Government, on this &s;ide the Sea, of perfect &s;en&s;e, memory, under&s;tanding and mind, &s;ole and un|married, and (within the &s;ame time) cau&s;e a note thereof, and of the right, title, charge or intere&s;t, which he, &s;he or they have, or &s;hall have in, to, or out, of the &s;ame &s;o written in parchment, to be delivered into &s;uch Superior place, there to remaine readily, and ea&s;ily to be found as afore&s;aid: And the &s;ame &s;o to be deli|vered in, by &s;uch credible per&s;on or per&s;ons &s;o known, and of &s;uch ability, and he or they to make affirmation of &s;uch claime and Entry; and of the truth of &s;uch title, right, intere&s;t or charge; and be lyable to make &s;atisfaction to the party and par|tyes grieved, or to be grieved, for or by rea&s;on of any mi&s;infor|mation or mi&s;affirmation thereof: And that no &s;uch note &s;hall be received, and of validity, by any &s;uch Officer, of any other, then of &s;uch credible per&s;on or per&s;ons &s;o knowne, and of &s;uch ability, under &s;ome penalty &s;o to be thought convenient in that behalf.</P>
</DIV2>
</DIV1>
<DIV1 N="2" TYPE="proposition">
<PB N="7" REF="4">
<HEAD>2 <HI>Propo&s;.</HI> Is for ready, &s;peedy, and ea&s;ie finding &amp; di&s;covery of dormant Iudgments, Statutes, and &s;uch like Incumbrances for|merly entred, intermixt with other things, whereby Purcha&s;ers have been defrauded, and Executors, &amp;c. undone.</HEAD>
<P>VVHereas divers Purcha&s;ers have been put to great and long trouble and charge, in &s;earches for Judgments, Statutes and Recognizances, and other Incumbrances upon Record; to which divers Mannors, Me&s;&s;uages, Lands and Tenements, which they have purcha&s;ed, or had an intent to purcha&s;e, &s;ome of which Judgments, Statutes, and Recognizances, and Incumbrances ha|ving been of great Antiquity, and very difficult to be found: And for that there hath been many Courts, and divers Offices in &s;ome of &s;uch Courts to &s;earch in; and very many Records, Books and Remembrances, or Rolls to turne over, view or read for every of the foure Termes in the yeare; and in &s;ome of &s;uch Courts, &s;uch Judgments, Statutes, Recognizances and Incumbrances have been intermixt with others in &s;uch manner, as they have been very difficult to be found, and many by the tediou&s;ne&s;&s;e and weari&s;omne&s;&s;e of &s;uch &s;earches, have been over-looked and leaped over; which afterwards have come and been charged upon &s;uch Mannors, Me&s;&s;uages, Lands and Tenements, where|by divers Purcha&s;ers have been utterly undone, and many &s;uffered great lo&s;&s;e. And whereas divers Executors and Admini&s;trators, after that they have paid many Debts of great value, and after Suits pro&s;ecuted for the &s;ame, and verdicts in divers of them, after long and tedious Suits and great expences, labour and trou|ble in defence of the &s;ame; and in &s;earching for &s;uch Judgments, Statutes and Recognizances, and Bonds, and &s;uch like Engage|ments again&s;t Te&s;tators &amp; Inte&s;tates, upon Record in many Courts. And yet by the occa&s;ions beforementioned, many Executors and
<PB N="8" REF="5"> Admini&s;trators have (after payment and &s;atisfaction of &s;uch great &s;ummes of money beforementioned) been put to great trouble, perplexity and charge, about &s;uch ob&s;cure Judgments, Statutes, Recognizances and Incumbrances; and yet in the end, compelled to pay and &s;atisfie upon Suits upon the &s;ame, and other|wi&s;e, out of their owne proper goods and Chattels, &s;o much, as they have been compelled formerly to pay as afore&s;aid, upon Bils, Bonds, Covenants and other Contracts; by which meanes, many &s;uch Executors and Admini&s;trators have &s;u&s;tained great lo&s;&s;e, and divers of them undone.</P>
<DIV2 TYPE="provisions">
<HEAD>For remedy whereof, It is propo&s;ed to be de&s;ired, that it may</HEAD>
<P><HI>Be Enacted,</HI></P>
<P>THat no Mannors, Me&s;&s;uages, Lands or Tenements, &s;hall at any time hereafter be chargable, or lyable to any &s;uch Judg|ment, Statute or Recognizance, or matters of Record before|mentioned; unle&s;&s;e a true Note, or Copy of the Debt and dama|ges and charge therein, and Terme or Termes, when the &s;ame was acknowledged, permitted, &s;uffered or given; and the num|ber or number-Roll of the &s;ame, where the &s;ame is entred, recor|ded or filed, be delivered into &s;uch Superior place beforementioned in the Propo&s;als or Propo&s;itions again&s;t &s;ecret, fraudulent Deeds and conveyances, and there entred in manner and forme before|mentioned, in tho&s;e Propo&s;als or Propo&s;itions in &s;everall places there ready and &s;peedy to be found, for every &s;uch County; where &s;uch Lands, &s;o to be or remaine chargable, be or &s;hall be &s;ituate, lying or being within&mdash;now next en&s;uing, or within&mdash; next en&s;uing the permitting, &s;uffering, acknowledging or giving of any Judgment, Statute or Recognizance, hereafter, or within &s;ome other time, by the Supreme Authority of this Nation, to be thought convenient in that behalfe. And that after the end of &s;e|ven years next en&s;uing, or &s;ome other time, &s;o to be thought conve|nient, no Mannors, Me&s;&s;uages, Lands or Tenements, Executors or Admini&s;trators &s;hall be chargable or lyable to any Judgment, Sta|tute or Recognizance, or other matter of Record beforemen|tioned, unle&s;&s;e the &s;ame &s;hall be entred anew in &s;uch place or Of|fice then, and once every &s;even years then next following, or &s;ome other time, by the Supreme Authority of this Nation, to be thought convenient in that behalfe.</P>
</DIV2>
<GAP DESC="missing" EXTENT="1 span">
</DIV1>
<DIV1 TYPE="proposal">
<PB N="3" REF="5">
<HEAD>Propo&s;als for an Act for the more &s;peedy &s;atisfaction of Creditors of and again&s;t &s;uch as be of ability, and lie in pri&s;on, and conceal their e&s;tates, with little ex|pence or trouble, &amp;c.</HEAD>
<P>_FOra&s;much as divers Pri&s;oners of great ability, after that they have gotten into hone&s;t mens debts, have fraudu|lently and &s;ecretly made over their e&s;tates to their Allies and friends in tru&s;t, who (from time to time after|wards) have furni&s;hed &s;uch pri&s;oners with money, and otherwi&s;e, whereby they have fared and lived very delitiou&s;ly, and (having obtained the favour of their keepers by rewards and otherwi&s;e) have lien at their plea&s;ure carele&s;ly, and &s;ome of them very riotou&s;ly, on other mens e&s;tates, di&s;abling them&s;elves, by &s;uch means, to &s;atisfie their Creditors their ju&s;t and due debts, damages and demands, whereby &s;uch Creditors have had no benefit, but prejudice, by &s;uch their debtors &s;o lying in pri&s;on. And for that many per&s;ons, having been pri&s;oners to the pri&s;ons called the Fleet, and the Kings Bench, (being lately accounted the center of deceit, for pri&s;oners and their working of mi&s;chief, to defraud their Creditors, as &s;oon as they have gotten thither,) have immediately, or within &s;ome &s;hort time af|ter, gone abroad by permi&s;&s;ion or connivance of their keepers, and after that they have &s;o gotten out, have wandred abroad in many places of this Nation, and &s;ome of them travelled into the Ea&s;t and We&s;t Indies, and other places, far remote from this Nation, before they had any legal
<PB N="4" REF="6"> di&s;charge of their impri&s;onment, as divers have &s;aid and complained, (&s;uch pri&s;oners having for that purpo&s;e obtained the favour of their Keepers by the means afore&s;aid,) and have met their Creditors abroad, out of &s;uch pri&s;ons, and looked them in the face, and laughed at, and jeered them; and &s;ome &s;uch pri&s;oners meeting their Creditors, at who&s;e Suit they have lien in pri&s;on, for great &s;ums of money have told them, that they would pay them nothing, (&s;ome of them &s;aying, that the Intere&s;t of the money, for which they were &s;o in pri&s;on, would maintain &s;uch pri&s;oner in pri&s;on, during his life, though &s;uch pri&s;oners have had executions charged again&s;t and upon them at the &s;ame time in the places where they have been pri&s;oners,) and have refu&s;ed to pay or &s;atisfie unto &s;uch their Creditors any part of their ju&s;t and due debts or damages.</P>
<DIV2 TYPE="provisions">
<HEAD>FOR PREVENTION WHEREOF in future Times, it is Pro|po&s;ied to be de&s;ired, that it be</HEAD>
<P>ENACTED &mdash; 1. That if any Pri&s;oner lie in pri&s;on in Execution, at the Suit of any of his or her Creditors, for any debt or damages by the &s;pace of&mdash; or of &s;ome time, to be thought conveni|ent in that behalf, and doth not &s;ue out, or for, or endeavor to have &s;uch a Commi&s;&s;ion (as is mentioned in the former Propo&s;als for, &amp;c.) grant|ed to &s;et him at liberty, out of pri&s;on, in &s;uch a manner as is mentioned in the &s;aid former Propo&s;als, that then his or her Creditor or Creditors, or as many of them as will, may have a &s;pecial writ of execution again&s;t &s;uch pri&s;oner, upon &s;uch Judgment and Judgments (as be charged upon or again&s;t the body of &s;uch pri&s;oner in execution, notwith&s;tanding the remaining in execution of &s;uch pri&s;oner) upon or again&s;t All his or their Mannors, Me&s;uages, Lands and Tenements, both Free-hold and Copy|hold, whereof he or &s;he is or &s;hall be &s;eized or po&s;&s;e&s;&s;ed in his or her own right, in his or her deme&s;n, as of Fee for life or lives, or of any e&s;tate tayl, which may be cut off by any common recovery; or for years, and whereof any other to or for his or her u&s;e, or to or for him or her in tru&s;t, is or &s;hall be &s;o &s;eized or po&s;&s;e&s;&s;ed, and upon and again&s;t all his or her Goods and Chattels, both real and per&s;onal.</P>
<P N="2">2. And that by vertue of &s;uch Writ of execution, the whole of &s;uch Mannors, Me&s;uages, Lands and Tenements, Rents and Anuities, &amp;c. &s;hall or may be extended, delivered to, and held by the Plainliff in &s;uch judg|ment, in as large, ample and beneficial manner and form, as hath been or may be by vertue of any Writ of extent or liberate upon any Statute Merchant, or of the &s;taple.</P>
<P N="3">3. And that, if &s;uch Creditor or Creditors cannot have, or find, or
<PB N="5" REF="6"> procure to be had or found (by the means or cour&s;es before mention|ed) &s;ufficient to &s;atisfie their due debts, damages, &amp;c. That then &s;uch Creditor or Creditors, or as many of them as will, may fir&s;t &s;ommon in &s;uch pri&s;oner to appear, or cau&s;e appearance to be for him or her, by his or her Attorney or Attorneys, Deputy or Deputies, Agent or A|gents, within&mdash;or &s;ome other time to be thought con|venient in that behalf, next after &s;uch &s;ummons in the Courts of Chan|cery, the one Bench or the other, or, &amp;c. again&s;t one half of four, or of &s;ome other number to be thought convenient in that behalf, of &s;uch Commi&s;&s;ioners as &s;uch Creditor or Creditors do or &s;hall nominate for the examinations of what the e&s;tate both real and per&s;onal of, and debts, duties and demands owning to, &s;uch pri&s;oner in his or her own name, or in the name of any other to his or her u&s;e, or for him or her in tru&s;t, and in who&s;e name or names, is or was, are or were, at the time, and &s;ince he or &s;he became indebted in or owed to any, any debt, duty, damage, or, &amp;c. then un&s;atisfied, and how much in all and every part thereof, hath been &s;atisfied, and how; and how he or &s;he became una|ble to pay or &s;atisfie the &s;ame, or any part thereof, and what became of his or her &s;uch e&s;tate, debts, and demands which he or &s;he had at the time when, and &s;ince he or &s;he was credited with &s;uch, or any other Commodities as then &s;hall not be paid or &s;atisfied for, and how much thereof is, or &s;hall be then unpaid or un&s;atisfied for, and how &s;uch e&s;tate, or any part thereof, hath been lo&s;t or &s;pent.</P>
<P N="4">4. And that &s;uch pri&s;oner, or, &amp;c. for him or her (if he or &s;he will) may choo&s;e or nominate four, or &s;ome other number, to be thought convenient in that behalf of Commi&s;&s;ioners to joyn with the other Commi&s;&s;ioners, of &s;uch Creditor or Creditors, to be incerted with them in &s;uch a Commi&s;&s;ion &s;o to examine, and to have them &s;o to examine with the &s;aid other Commi&s;&s;ioners, and that any &s;uch Cre|ditor or Creditors, his, her or their Attorney, or, &amp;c. may except a|gain&s;t any two, or of the half of &s;uch Commi&s;&s;ioners &s;o cho&s;en or no|minated, or &s;o to be cho&s;en or nominated by &s;uch pri&s;oner, and that then a Commi&s;&s;ion &s;hall and may be granted out of any &s;uch Court, directed to the Commi&s;&s;ioners of &s;uch Creditor or Creditors &s;o nomi|nated or cho&s;en by them, or, &amp;c. and not excepted again&s;t, and to the Commi&s;&s;ioners, of &s;uch pri&s;oner &s;o nominated or cho&s;en by him or her, or, &amp;c. (if he or &s;he, or, &amp;c. do or &s;hall nominate or choo&s;e any) not excepted again&s;t; and that (if &s;uch pri&s;oner do not &s;o choo&s;e or nomi|nate, or cau&s;e &s;o to be cho&s;en or nominated) then &s;uch Commi&s;&s;ion &s;hall and may be granted by tho&s;e of the nomination or choyce of &s;uch
<PB N="6" REF="7"> Creditor or Creditors, or his, her or their Attorney or, &amp;c. for him, her, or them in that behalf, and one or &s;ome to be thought convenient in that behalf, to be nominated or cho&s;en, by &s;uch Court, or &s;ome other by &s;uch Court to be deputed, &s;o to nominate or choo&s;e from time to time; and if &s;uch Commi&s;&s;ioner or Commi&s;&s;ioners &s;o cho&s;en or, &amp;c. by &s;uch Court or, &amp;c. after notice by the &s;pace of &mdash; or &s;ome other time to be thought convenient in that behalf, of the time and place of the execution of &s;uch Commi&s;&s;ion in certain, before the execution thereof be given by &s;uch Creditor or, &amp;c. any of &s;uch Com|mi&s;&s;ioners named by &s;uch Court, do or &s;hall come thither, or el&s;e the Commi&s;&s;ioners of &s;uch Creditors to execute &s;uch Commi&s;&s;ion without any &s;uch &s;o named by &s;uch Court.</P>
<P N="5">5. And that &s;uch Commi&s;&s;ioners, or any two of them, whereof one &s;o nominated or cho&s;en by &s;uch Creditor or Creditors, or, &amp;c. to be one, &s;hall and may examine according to the tenor of &s;uch Commi&s;&s;ion, to be made and directed to examine according to the tenor before herein mentioned.</P>
<P N="6">6. And that &s;uch Commi&s;&s;ioners herein, and in the former Propo&s;als mentioned, &s;hall and may examine &s;uch pri&s;oner, or his wife, or any his or her Tru&s;tees or, &amp;c. or any &s;uch Creditors, his, her, or their wife or wives, or any other, who they &s;uppo&s;e do know, or can di&s;cover, any thing material concerning the premi&s;&s;es upon his or her corporal Oath for the finding out of the truth of, and concerning the premi&s;&s;es; and may by Warrant under the hands of any two of &s;uch Commi&s;&s;ioners, &s;ummon or warn any &s;uch to be examined, as a witne&s;s touching, and concerning the premi&s;&s;es, to appear within &s;ome convenient time next after &s;uch &s;ummons or warning at &s;ome certain time and place, to be notified unto every of him or her, to be examined, and declare their and every of their &s;everal knowledg of, and concerning the premi&s;&s;es.</P>
<P N="7">7. And that if any &s;uch witne&s;s do not appear, and &s;o te&s;tifie at &s;uch time and place (having &s;ufficient paid or given, or tendered to be paid or given to him or her, as &s;hall be thought nece&s;&s;ary and rea&s;onable to defray the charges of &s;uch witne&s;s ingoing to, and &s;taying at &s;uch place, and from thence returning to the place where he or &s;he is or &s;hall be &s;o &s;ummoned or warned) then &s;uch witne&s;s to undergo the &s;ame penalty, provided again&s;t a witne&s;s not appearing and te&s;tifying upon an i&s;&s;ue joyned in the one Bench or the other, and there or before the Ju&s;tice or Ju&s;tices of A&s;&s;ize or <HI>Ni&s;iprius</HI> at any A&s;&s;izes, being &s;erved with a Writ of <HI>Subpoena,</HI> according to the Statute made and provided in that behalf, or &s;ome other penalty to be thought convenient in that behalf.</P>
<P N="8"><PB N="7" REF="7">8. And that &s;uch Commi&s;&s;ioners, or &s;uch Creditor or Creditors of &s;uch pri&s;oner &s;hall and may have and bring action or actions of debt, or any other action or actions, as the ca&s;e in that behalf &s;hall require, again&s;t any by or from whom any debts, duties, damages, or demands be or &s;hall be found, by vertue of &s;uch Commi&s;&s;ion or otherwi&s;e to be due or owing to &s;uch pri&s;oner, or to any other, to or for the u&s;e of, or in tru&s;t for, &s;uch pri&s;oner, and thereby recover the &s;ame again&s;t &s;uch debter and debters, or, &amp;c. of &s;uch pri&s;oner, or any of his or her Tru&s;tee or, &amp;c. in the name of &s;ueh Commi&s;&s;ioners, or of &s;uch Creditor or Creditors to whom &s;uch debt or debts, damage or, &amp;c. &s;hall be a&s;&s;igned by &s;uch Commi&s;sioners as may and &s;hall, or do execute &s;uch Commi&s;si|on, for and towards the payment or &s;atisfaction of any debt or debts, damage, &amp;c. &s;o to be owing, or due from any &s;uch pri&s;oner to &s;uch his or her Creditor or Creditors, Plaintiff or, &amp;c.</P>
<P N="9">9. And that no Relea&s;e, or other di&s;charge, payment or &s;atisfaction, made, or to be made by &s;uch pri&s;oner, his or her Tru&s;tee or, &amp;c. to any &s;uch his, her or their debter or debters, or, &amp;c. (after notice given to &s;uch debter or debters, or, &amp;c. by &s;uch Creditor or Creditors, or any other, for or on his or her behalf, of &s;uch a&s;signment) &s;hall be available in Law for any &s;uch debter or, &amp;c. for him, her or them to plead at Law or make any other u&s;e of, for concerning or again&s;t the recovery of any &s;uch debt or debts, or, &amp;c. but that &s;uch Commi&s;sioners, &amp;c. or &s;uch Creditor and Creditors of &s;uch pri&s;oner &s;hall or may recover the &s;ame in his, her or their own name or names, in &s;uch manner and form, as &s;uch pri&s;oner, his or her Tru&s;tee or, &amp;c. might have done before, &amp;c. and that then if &s;uch Creditor or, &amp;c. cannot thereby be &s;atisfied their ju&s;t debts, &amp;c. that then after di&s;covery of &s;uch e&s;tate, &amp;c. by vertue of &s;uch Commi&s;sion, &s;uch Creditor or, &amp;c. may have &s;uch execution &amp;c. newly made for recovery, as before is mentioned, &amp;c. for the whole or part, &amp;c. as &s;hall be then un&s;atisfied.</P>
<P N="10">10. And that all and every &s;uch per&s;on or per&s;ons (who have or &s;hall have any Bills, Bonds, Notes, Specialties, debt books, or any other Deeds, E&s;cripts, Minuments or Writings, Goods or Chattels which he, &s;he or they know, are belonging to &s;uch pri&s;oner, or any, for his or her u&s;e, or any for him or her in tru&s;t) &s;hall deliver the &s;ame Bills, Bonds, &amp;c. &s;afe and uncancelled, without tearing, blotting, obliteration or altera|tion, and &s;uch Goods and Chattels well and unbroken, in as good plight as they had or &s;hall have the &s;ame, together with full, peaceable and quiet po&s;&s;e&s;sion, within &s;ome time to be thought convenient in that behalf for removal of his or, &amp;c. Goods, Crop, &amp;c. and provi&s;ion for
<PB N="8" REF="8"> habitation, &amp;c.) of all Mannors, Me&s;uages, Lands and Tenements, and, &amp;c: whereof they, or any of them, have the po&s;&s;e&s;sion, having no right of po&s;&s;e&s;sion in the &s;ame, nor knowing the right of po&s;&s;e&s;sion thereof to be belonging to any other (be&s;ides &s;uch pri&s;oner or &s;ome to or for his or her u&s;e, or for him or her in tru&s;t) to &s;uch Commi&s;sion|ers, or &s;uch of &s;uch Creditors, or &s;ome other of ability, in e&s;tate, to re&s;tore the &s;ame to &s;uch pri&s;oner or, &amp;c. as &s;uch Commi&s;sioners &s;hall depute or appoint in that behalf, to take, receive and po&s;&s;e&s;s the &s;ame, in &s;atisfacti|on of the ju&s;t debt or debts, damage or, &amp;c. of &s;uch creditor or, &amp;c. and that the&s;ame &s;hall be after quietly &amp; peaceably held and enjoyed accord|ingly without hinderance or interruption of any &s;uch per&s;on or per&s;ons, till the &s;ame debt or, &amp;c. be or &s;hal be paid or &s;atisfied, or &s;hal appear up|on demand of &s;uch Commi&s;sioners, &amp;c. or Creditors, upon pain of forfei|ture, the value of &s;uch Mannors, Me&s;&s;uages, &amp;c. &s;o held, &amp;c. to the party thereby grieved or damnified, or &s;ome other penalty to be thought convenient in that behalf to be recovered by, &amp;c. wherein, &amp;c. and that after &s;uch payment or &s;atisfaction &s;uch po&s;&s;e&s;sion &s;hal be redeliver|ed to, &amp;c. under the &s;ame penalty.</P>
<P N="11">11. And that if &s;uch Creditor and Creditors cannot or &s;hall not be &s;o &s;atisfied or paid, and it &s;hall appear in the judgment of &s;uch Commi&s;|&s;ioners or, &amp;c. who &s;hall &s;o examine upon &s;uch Commi&s;sion that &s;uch pri&s;oner had &s;ufficient to pay all, or a great part of the debts or, &amp;c. which were &s;o by or from him, owing or, &amp;c. and that he or &s;he hath wa&s;tfully and immoderately wa&s;ted, mi&s;pent or con&s;umed the &s;ame, or fraudulently and &s;ecretly coveyed the &s;ame, in &s;uch manner, as they cannot di&s;cover the &s;ame, and that &s;uch pri&s;oner doth not make it ap|pear upon Oath by credible witne&s;&s;es or, &amp;c. how he or &s;he came to any inevitable and cau&s;ual lo&s;&s;es, whereby he or &s;he became of inability to pay or &s;atisfie the &s;ame, but that &s;uch Commi&s;sioners or, &amp;c. cannot conceive or imagine any other but that &s;uch pri&s;oner hath &s;o wa&s;tful|ly, &amp;c. con&s;umed or, &amp;c. or &s;o fraudulently conveyed, &amp;c. that then &s;uch pri&s;oner &s;hall and may be indicted for the &s;ame, and that (if here|upon he or &s;he &s;hall be convicted of &s;uch fraud, &amp;c.) then he or &s;he &s;hall be taken out of &s;uch pri&s;on, from his or her delitious, idle; riotous and expen&s;ive living, and put to &s;ome place to be thought convenient in that behalf, there to remain till, &amp;c. or &s;ome other time, &amp;c. and to be kept and held there &s;trictly to work and labour, according to the agility and ability of his or her body in the profe&s;sion or work which &s;hall be thought by &s;uch Commi&s;sioners or, &amp;c. to be mo&s;t profitable: and that &s;uch Commi&s;sioners or, &amp;c. may from time to time convenient,
<PB N="9" REF="8"> take a &s;trict account upon Oath of &s;uch pri&s;oner, or any other, or any other who &s;hall therein intermeddle of, for and concerning the gains and profit, which &s;hall be made by the labour of &s;uch pri&s;oner, and may receive and di&s;tribute the &s;ame to every &s;uch Creditor &s;hare and &s;hare alike, according to the proportion of his or her debt or, &amp;c. (deducting and allowing out of the &s;ame to &s;uch pri&s;oner &s;ufficient for her maintenance in a moderate way) and that &s;uch pri&s;oner till, &amp;c. &s;hall wea<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> or carry openly about him or her &s;ome badg, or &s;ome &s;uch or other thing, to be thought convenient in that behalf, that they may be di&s;tingui&s;hed from other people, under &s;ome &s;trict penalty to be thought convenient in that behalf; and that if &s;uch pri&s;oner &s;hall break away, or ab&s;ent him or her &s;elf before &s;uch payment or &s;atisfaction, or Compo&s;ition with &s;uch Creditors, from &s;uch place, that then &s;uch Com|mi&s;sioners or, &amp;c. may by warrant under his or their hand or hands, i&s;&s;ue out Warrants for the retaking and bringing back &s;uch pri&s;oner, and to cau&s;e him or her to be more &s;trictly looked unto, and &s;afer kept, or to be &s;ent &s;o to labour and work, into any the new <HI>Engli&s;h Plan|tations</HI> in <HI>America,</HI> or el&s;ewhere, or &s;ome other place, as &s;hall be thought convenient in that behalf, or that then &s;uch pri&s;oner &s;hall &s;uffer &s;uch further or other puni&s;hment, as &s;hall be thought convenient in that behalf, and for breaking or running away after &s;uch time as he or &s;he &s;hall be conveyed into &s;uch Plantation.</P>
<P N="12">12. And that if any pri&s;oner, who &s;hall be &s;et at large out of pri&s;on, in &s;uch manner as is mentioned in the &s;aid fir&s;t Propo&s;als, do not after|wards make &s;uch account upon Oath, &amp;c. before &s;uch Commi&s;sion|ers, &amp;c. who by vertue hereof may be authorized to take the &s;ame, and perform &s;uch other things therein mentioned for &s;uch pri&s;oner to be done, but fall into, and commonly u&s;e riotous living, or idlene&s;s, or la|ciuiou&s;ne&s;s, that then he or &s;he may by &s;uch Warrant be retaken, and &s;o &s;et to work and labour, and &s;o al&s;o be dealt with and ordered, as is before mentioned.</P>
<P>And becau&s;e divers things in the Propo&s;als for &s;peedy &s;etting at large of all pri&s;oners for debt and damages were mi&s;printed, and &s;ome wholy omitted, and for that Rea&s;on the meaning thereof could not be well under&s;tood; here they are expre&s;&s;ed, as they are explained and amended, with divers Provi&s;ions and Provi&s;oes belonging to the&s;e and and tho&s;e Propo&s;als following them to prevent frauds.</P>
</DIV2>
</DIV1>
<DIV1 TYPE="proposal">
<PB N="10" REF="9">
<HEAD>Propo&s;als for an Act for &s;peedy &s;etting at large all Pri&s;oners, both for damages and debt, (tho&s;e in pri&s;on for damages, being many not provided for by the last Act,) as well for the benefit of their Cre|ditors, as of them&s;elves. Offered to the con&s;ideration of all the Peo|ple of this Nation, who de&s;ire the common good: Being a matter of great importance to this Nation: To the intent, that any who plea&s;e &s;hould or might within &s;ome convenient time write and publi&s;h Rea|&s;ons again&s;t or for &s;upport or amendment of the &s;ame, or any part thereof, that after &s;uch writing for or again&s;t the &s;ame left off, and laid a&s;ide, and &s;uch convenient time pa&s;t, any of the people of this Nation, who de&s;ire the publick good, &s;hould or might (if they plea&s;e) petition to, &amp;c. for the &s;ame Propo&s;als, or as many of them as they think convenient, to be enacted or taken into &s;peedy con&s;ideration.</HEAD>
<P>FOra&s;much as of late years divers per&s;ons (having been impri&s;oned in &s;everal pri&s;ons within this Nation for debts and damages) have there lien and remained many years together at the Suit of divers mercile&s;s Creditor and Creditors, Plaintiff or Plaintiffs, Demandant or Demandants (&s;uch Pri&s;oners having had no means, or hope of any, to pay the debts or damages for which they have &s;o remained in pri&s;on.)</P>
<P>And that many of &s;uch Pri&s;oners have fallen into &s;uch inability a|gain&s;t their wills, by lo&s;s at Sea, fire, or by rea&s;on of divers of their Deb|ters becoming in&s;olvant and unable to pay or &s;atisfie any of the ju&s;t and due debts, damages, or demands, owing to &s;uch Pri&s;oners, by rea&s;on of &s;ome &s;uch ca&s;ualty, happening to &s;uch who owed, or were to pay or &s;atisfie to &s;uch Pri&s;oner any debt, duty, damage or demand, or by &s;ome other ca&s;ualty happening to &s;uch Pri&s;oner or Pri&s;oners.</P>
<P>And whereas divers per&s;ons having been very potent, rich, and full of money (by rea&s;on of their potency and riches) have wearied out and undone divers poor men by divers tedious Suits, unto which they have not been able to make their lawful defence, by rea&s;on of the extream chargeablene&s;s in Suits (which have been of late years much more chargeable then formerly they have been, and e&s;pecially in the Courts of Chancery or Equity) and have laid &s;uch Pri&s;oners up in Pri&s;on, by rea&s;on of Executions obtained or gained again&s;t them upon wrong|ful and vexatious Actions and Suits, whereupon they have recovered again&s;t &s;uch poor Pri&s;oners, by rea&s;on of the inability of &s;uch poor Pri&s;oner or Pri&s;oners to defend the &s;ame, being occa&s;ioned by &s;uch mercile&s;s pro&s;ecutors and per&s;ecutors, in undoing &s;uch poor people by
<PB N="11" REF="9"> wrongful vexation and pro&s;ecution of them upon and by divers tedious and vexatious Suits.</P>
<P>And that &s;uch pro&s;ecutors and per&s;ecutors (after they have &s;o done) have been &s;o malicious and spiteful to &s;uch poor Pri&s;oner or Pri&s;oners, that no man what&s;oever have pr<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter">vailed or could prevail with &s;uch ma|licious per&s;on to enlarge &s;uch poor Pri&s;oner or Pri&s;oners, or &s;hew him or them any favour, though they have been certainly informed (be&s;ides their own knowledg) that &s;uch poor Pri&s;oner or Pri&s;oners were of none or very mean ability, and that they we<GAP DESC="illegible" RESP="MURP" EXTENT="2 letters"> not able to pay or &s;atisfie the tenth part of that for which thy have &s;o been and lain in pri&s;on, many of them in execution, but that &s;uch malicious people have kept &s;uch Pri&s;oner and Pri&s;oners in pri&s;on, and many of them in execution, (lying and remaining there in great mi&s;ery, and ready to &s;tarve, and to be eaten up with vermin) to the intent that &s;uch Pri&s;oners &s;hould not go abroad to &s;eek or obtain his or their ju&s;t relief and remedy of or a|gain&s;t &s;uch mercile&s;s and malicious pro&s;ecutors and per&s;ecutors many years together, (&s;uch poor Pri&s;oner or Pri&s;oners having had no means to gratifie or reward his, her or their Keeper or Keepers for or, &amp;c. going abroad out of pri&s;on, to &s;ecure them for his or their return thither, as others of ability lying in pri&s;on have had.)</P>
<DIV2 TYPE="provisions">
<HEAD>For prevention whereof in future it is propo&s;ed that it may be de&s;ired to be</HEAD>
<P><HI>Enacted,</HI> 1. THat if any per&s;on or per&s;ons, who is, or are, or &s;hall be impri&s;oned at the Suit of any per&s;on or per&s;ons, for any debt, duty, damage or demand, and remain pri&s;oner for the &s;ame by the &s;pace of&mdash;or &s;ome other time together to be thought convenient in that behalf, and after doth or &s;hall de&s;ire to be &s;et at large or liberty out of pri&s;on, then before &s;uch pri&s;oner &s;hall be &s;o &s;et at liberty or at large from impri&s;onment, &s;uch pri&s;oner &s;hall truly upon his or her Oath to be taken by or before any Ju&s;tice of the one Bench or the other, or &s;ome other (to be authorized in that behalf to take the &s;ame) di&s;cover, &s;et forth, and declare in writing under his or her hand all the e&s;tate both real and per&s;onal of, and debts, duties and demands owing or belonging to &s;uch pri&s;oner in his or her own name, or in the name of any other, to or for his or her u&s;e, or for him or her in tru&s;t, and in who&s;e name or names in every particular, at the time, and &s;ince he or &s;he became in|debted in, or owed to any, any debt, duty, damage or demand then un|&s;atisfied, and how much in all &amp; every particular thereof hath been &s;ati&s;|fied, and how; and how he or &s;he became unable to pay or &s;atisfie the &s;ame, or any part thereof, and what became of &s;uch his or her e&s;tate,
<PB N="12" REF="10"> debts, duties and demands in every particular thereof, which he or &s;he had at the time when, and &s;ince he or &s;he was tru&s;ted or credited with &s;uch, or any other commodities, as then &s;hall not be paid or &s;atisfied for, and how much thereof is or &s;hall be then unpayed or un&s;atisfied for, and how &s;uch e&s;tate, or any part thereof, hath been lo&s;t or &s;pent, and deliver unto, and transfer the &s;ame to all and every his or her Creditor &amp; Credi|tors, Plaintiff and Plaintiffs, Demandant and Demandants, to whom &s;uch Pri&s;oner truly, really, <HI>&amp; bona fide</HI> &s;hall then owe any money or damages, duty or demand, or at who&s;e Suit he or &s;he is or &s;hall be &s;o impri&s;oned, and to &s;uch other as &s;uch pri&s;oner upon his or her Oath &s;o to be taken, do or &s;hall nominate and declare to be &s;uch Creditor or Creditors real|ly <HI>&amp; bona fide,</HI> to every of them &s;hare and &s;hare alike re&s;pectively, ac|cording to the proportion of each of &s;uch their &s;everal and re&s;pective due debts, duties and damages.</P>
<P N="2">2. And that it &s;hall and may be lawful to and for &s;uch pri&s;oner &s;o to do, and that the conveyance thereof to be made, &s;hall and may be good and available in Law to &s;uch Creditor and Creditors, Plaintiff and Plaintiffs, Demandant and Demandants, to &s;ue and recover of and again&s;t any, from whom the &s;ame is or &s;hall be due to be paid, an&s;wered or &s;atisfied, after notice given, or to be given to him, her or them, of any deed or conveyance by &s;uch pri&s;oner to that purpo&s;e, and in that behalf made and executed, or to be made and executed.</P>
<P N="3">3. And that (if any &s;uch Creditor or Creditors will not, but refu&s;e to accept the &s;ame) then &s;uch pri&s;oner or pri&s;oners &s;hall and may fir&s;t &s;ummon in, or warn his or her Creditor and Creditors to appear every one of them by him or her &s;elf, or by his or her Attorney or Attorneys, Deputies, Agent or Agents, by him or her to be appointed in that be|half within&mdash; or &s;ome other time to be thought convenient in that behalf, next after &s;uch &s;ummons from time to time in the Courts of Chancery, the one Bench or the other, or, &amp;c. there to except again&s;t one half of &mdash; four, or of &s;ome other number, as &s;hall be thought conveni|ent in that behalf of Commi&s;sioners which &s;uch pri&s;oner &s;hall nominate for the examination of the truth<GAP DESC="illegible" RESP="MURP" EXTENT="1 letter"> untruth or fal&s;ity of the contents of &s;uch Oath or Oaths, or again&s;t, or for &s;upport of the &s;ame.</P>
<P N="4">4. And that &s;uch Creditor and Creditors, by him, her, or them&s;elves altogether, if they will, or as many of them as will together, or any one of them &s;ingly by him, or her &s;elf, may nominate four, or &s;ome other number, to be thought convenient in that behalf of Commi&s;sioners to joyn with the other Commi&s;sioners for &s;uch pri&s;oner, and that &s;uch pri&s;oner, or &s;ome by him to be appointed in that behalf, may except
<PB N="13" REF="10"> again&s;t any two of &s;uch four Commi&s;sioners, or half of &s;uch number of them &s;o to be thought convenient, &s;o cho&s;en or nominated by &s;uch Creditor or Creditors, and that then a Commi&s;sion &s;hall be granted and made out of any &s;uch Court, directed to the Commi&s;sioners of &s;uch pri&s;oner, and the one half of &s;uch four, or of &s;uch other number, as &s;hall be thought convenient of the Commi&s;sioners &s;o nominated or cho&s;en by &s;uch Creditor or Creditors (not excepted again&s;t by &s;uch pri&s;oner) if &s;uch Creditor or Creditors, or any of them, do or &s;hall choo&s;e or no|minate any &s;uch Commi&s;sioners: And that if they, or &s;ome of them, do not, or &s;hall not &s;o nominate or choo&s;e, that then &s;uch Commi&s;sion &s;hall and may be granted and made by any &s;uch Court to tho&s;e of the nomination and choyce of &s;uch pri&s;oner, and one, or &s;ome other num|ber, to be thought convenient in that behalf to be nominated by &s;uch Court.</P>
<P N="5">5. And that &s;uch Commi&s;&s;ioners, or any two of them, or, &amp;c. where|of one nominated by &s;uch pri&s;oners, if he or &s;he de&s;ire the &s;ame, and one of &s;uch Creditor or Creditors, if he or &s;he, or they, or any of them, de&s;ire the &s;ame, or otherwi&s;e one by &s;uch a Court &s;o to be nominated to be one, &s;hall and may examine, and proceed, and determine upon &s;uch Commi&s;sion &s;o to be granted according to the tenor and effect of the &s;ame &s;o to be granted.</P>
<P N="6">6. And that after &s;uch examinations and depo&s;itions taken thereup|on in writing by vertue of &s;uch Commi&s;sions, the &s;ame Commi&s;sion and Depo&s;itions &s;hall and may be returned into the Court from whence the &s;ame Commi&s;sion i&s;&s;ued under the Hands and Seals of &s;uch Com|mi&s;sioners who do or &s;hall execute the &s;ame, with the &s;everal and re|&s;pective Certificate or Certificates of any &s;uch Commi&s;sioner who &s;hall &s;it or intermeddle in the examination by vertue of &s;uch Commi&s;|&s;ion (if they do or will make any) of or concerning any mi&s;carriage in the execution thereof, or any thing material which they &s;hall conceive to be ami&s;s concerning the &s;ame, and that after the &s;ame &s;o returned thither, and there remaining by the &s;pace of &mdash; days, or &s;ome other time, as &s;hall be thought convenient in that behalf, and no proof appear there in the &s;aid Depo&s;itions &s;o taken and returned of any thing mate|rial to contrary the truth of &s;uch Oath taken by &s;uch pri&s;oner, nor any exceptions taken in writing again&s;t the carriage in the execution of the &s;ame Commi&s;sion, nor of the truth of any thing therein depo&s;ed, nor any Demurrer in writing put into the &s;ame Court again&s;t the validity of any part of &s;uch Depo&s;itions.</P>
<P N="8">8. And that after &s;uch pri&s;oner hath performed or &s;hall perform
<PB N="14" REF="11"> the Provi&s;oes, Provi&s;ions or Conditions hereafter mentioned.</P>
<P>That then a &s;pecial Writ of <HI>Super&s;edeas,</HI> or Writ of Enlargement, to enlarge &s;uch pri&s;oner out of pri&s;on, &s;hall or may be granted or made of, or by cour&s;e, to enlarge &s;uch pri&s;oner out of pri&s;on: And that then &s;uch pri&s;oners &s;hall and may by vertue of &s;uch Writ of <HI>Su|per&s;ed.</HI> or Writ of Enlargement, or Writ of Di&s;charge, be di&s;charged and &s;et at large out of pri&s;on, (notwith&s;tanding any thing charged again&s;t him there, and &s;o examined and determined by vertue of &s;uch Commi&s;sion.)</P>
</DIV2>
<DIV2 TYPE="provisions">
<HEAD>Propo&s;als for Provi&s;ions and Provi&s;oes to be de&s;ired to be in &s;uch Act.</HEAD>
<P><HI>Provided,</HI> 1. That before &s;uch pri&s;oner &s;hall be &s;o di&s;charged or enlarged out of pri&s;on, that he or &s;he &s;hall or may covenant to and with every of his or her Creditors, Plaintiff and Plaintiffs, Demandant and Demandants again&s;t him or her, and give judgment to every of them &s;everally and re&s;pectively, of double the &s;um of every debt, damage, duty or demand, which is or &s;hall be due to every of &s;uch Creditors, Plaintiffs and Demandants re&s;pectively, or &s;ome other &s;um or &s;ums, penalty or penalties, as &s;hall be thought convenient in that behalf.</P>
<P N="1">1. That &s;uch pri&s;oner &s;hall pay or &s;atisfie &s;uch debts, damage, duty and demand, with rea&s;onable damage occa&s;ioned by the forbearance of the &s;ame, from the time that &s;uch debt, damage, duty or demand, was or &s;hall be originally due, or as much thereof as he or &s;he &s;hall be found of ability to pay from time to time upon account, by and before &s;uch Commi&s;&s;ioners, or any two of them, whereof one of the Commi&s;&s;ioners of the Creditors, or of &s;ome of them, or of the nomination by &s;uch Court to be one, by &s;uch Commi&s;&s;ioners to be taken from time to time convenient, when they &s;hall rea&s;onably require the &s;ame, <HI>viz.</HI> to every of the Creditors of &s;uch pri&s;oners &s;hare and &s;hare alike, according to the proportion of his, her or their debt or debts, duty or duties, damage or damages, demand or demands re&s;pectively; and at &s;uch time or times as &s;uch Commi&s;si|oners whereof, &amp;c. do or &s;hall nominate or appoint for that purpo&s;e.</P>
<P N="2">2. And that &s;uch pri&s;oner from time to time, after that he or &s;he is or &s;hall be &s;o di&s;charged or enlarged out of pri&s;on, &s;hall from time to time give a true accompt in writing under his or her hand, upon his or her corporal Oath, to, and before &s;uch Commi&s;sioners where|of, &amp;c. requiring the &s;ame upon, and at their rea&s;onable reque&s;t, of his or her gains, nece&s;&s;ary expences, and lo&s;&s;es from time to time re|ceived in, by &s;uch pri&s;oner, which were not or &s;hall not be accepted by &s;uch Creditor or Creditors, for or towards &s;uch their debts, duties, damages or demands.</P>
<P N="3"><PB N="15" REF="11">3. And that &s;uch pri&s;oner after his or her enlargement (until he or &s;he hath &s;atisfied and compounded with, or &s;hall &s;atisfie or compound with the Creditor and Creditors of &s;uch pri&s;oner) &s;hall do his or her be&s;t endeavor to follow his or her lawful Pro&s;&s;e&s;&s;ion or Calling, which he or &s;he hath before that time mo&s;t commonly followed or exerci&s;ed, and to live within the bounds and limits thereof, mode|rately and civilly, as &s;uch Commi&s;sioners whereof, &amp;c. &s;hall agree and adjudg; and if &s;uch Commi&s;sioners cannot &s;o agree and adjudg, then as &s;uch Court do or &s;hall adjudg or con&s;ider of to be fitting or nece&s;&s;ary to be done in that behalf, upon and after certificate in wri|ting of &s;uch Commi&s;sioners whereof, &amp;c. or of as many of them as will, within &s;ome time, as &s;hall be thought convenient in that behalf, into &s;uch Court from whence &s;uch Commi&s;sion i&s;&s;ued of the cau&s;es of the di&s;agreement of &s;uch Commi&s;sioners, or as many of them as will &s;o certifie in that behalf.</P>
<P N="2">2. And that if none of &s;uch Creditors or, &amp;c. nor none for them, and by their appointment &s;hall &s;o take exceptions, nor make &s;uch choyce or election, that then all and every Judgment, Statute and Statutes, Re|cognizance and Recognizances, charged again&s;t &s;uch pri&s;oners by or at the Suit of &s;uch Creditor or, &amp;c. not taking any &s;uch exception, or making &s;uch choyce or nomination, &s;hall and may &s;tand and be in force and effect (notwith&s;tanding &s;uch the di&s;charge or enlargement of &s;uch pri&s;oner by vertue of &s;uch &s;pecial Writ of <HI>Super&s;ed.</HI> or Writ of En|largement, to be made, as before is expre&s;&s;ed) to be executed again, a|gain&s;t &s;uch pri&s;oner, for not performing any thing, &s;o to be covenanted to be done, and new judgment to be given for, by &s;uch pri&s;oner, in man|ner and form before mentioned.</P>
<P N="3">3. And that if all the Creditors or, &amp;c. of &s;uch pri&s;oner will not joyn together to nominate or choo&s;e Commi&s;sioners for &s;uch Commi&s;|&s;ion, that then every one of them, or as many of them as will joyn to|gether in that behalf, may choo&s;e or nominate, as before is expre&s;&s;ed; and that &s;uch pri&s;oner, as before, may except, and that the re&s;idue, &amp;c. may &s;tand, as before is expre&s;&s;ed, and that &s;uch Commi&s;sion may be granted and made to tho&s;e &s;o not excepted again&s;t, with the other half &s;o nominated or cho&s;en by &s;uch pri&s;oner, and not excepted again&s;t by &s;uch one or more of &s;uch Creditors.</P>
<P N="4">4. And that &s;o many &s;uch &s;everal Commi&s;sions may be &s;o granted and made in that behalf, as there be or &s;hall be &s;uch Creditors or, &amp;c. joyning together &s;o to nominate or choo&s;e by him or her &s;elf.</P>
<P N="5"><PB N="16" REF="12">5. And that the pri&s;oner, after &s;uch enlargement, may have his or her nece&s;&s;ary clothes and hou&s;hold-&s;tuff for lodging and dre&s;sing his or her victuals, and in&s;truments of &s;uch value as &s;hal be thought convenient in that behalf for his or, &amp;c. trade (the property of &s;uch hou&s;hold-&s;tuff, &amp;c. remaining in &s;uch Creditors) and &s;uch pri&s;oner only to have the u&s;e and benefit of them &s;o long, as he or, &amp;c. do or &s;hall demean him or, &amp;c. &s;elf orderly, frugally, mode&s;tly, &amp;c. as &s;hall be thought conveni|ent in that behalf by &s;uch Commi&s;sioners or, &amp;c.</P>
</DIV2>
<DIV2 TYPE="provisions">
<HEAD>Propo&s;als for Provi&s;ions or Provi&s;oes to be de&s;ired to be in &s;uch ACTS:</HEAD>
<HEAD TYPE="sub"><HI>And to the intent that every one, both of &s;uch Pri&s;oner and Credi|tors, may be provided, what Commi&s;&s;ioners to choo&s;e fit for the time and place of the execution thereof, and not be &s;ur|prized,</HI></HEAD>
<P><HI>Provided,</HI> 1. That every &s;uch pri&s;oner, his or her Creditor or Cre|ditor, who do or &s;hall make &s;uch nomination or choyce of &s;uch Com|mi&s;sioners, or intend &s;o to do, &s;hall in the Court or place where he or &s;he doth or &s;hall leave the names of &s;uch Commi&s;sioners, together with the &s;ame leave a Note in writing at what place the &s;ame is to be execu|ted, or within the &s;pace of&mdash;miles, or &s;ome other number of miles, as &s;hall be thought convenient in that behalf, of &s;uch place where the &s;ame &s;hall be or is to be executed:</P>
<P>And whether he or &s;he will have or procure the &s;ame to be &s;ped or executed, within the time of any term, or within one week next before, or within two weeks next after any &s;uch Term, or within &s;ome other time or times, as &s;hall be thought convenient in that behalf.</P>
<P N="2">2. And that all &s;uch parties who do or &s;hall give &s;uch &s;ummons, notice or warning, &s;hall be of known ability in e&s;tate, to an&s;wer the value of &s;uch debt and damages, &amp;c. <HI>viz.</HI> &s;uch as do or &s;hall &s;o &s;ummon, warn, or give notice to &s;uch Commi&s;sioners, or to the parties which may or &s;hall be grieved in this behalf, and be liable to &s;atisfie for any mi&s;demeanor and mi&s;doing about the premi&s;&s;es, both to &s;uch Court, and the party or parties grieved or damnified, or to be grieved or dam|nified thereby.</P>
<P N="3">3. And that if either &s;uch Creditors, or pri&s;oner, do or &s;hall nomi|nate any Commi&s;sioners, which in the Judgment of &s;uch Court or, &amp;c. be or &s;hall be of &s;uch inability in Judgment and, &amp;c. as is hereafter men|tioned, that then &s;uch Commi&s;sion &s;hall not be granted or made to any &s;uch Commi&s;sioners of &s;uch inability, but that &s;uch party or parties who choo&s;e &s;uch, &s;hall in the place and &s;tead of ever &s;uch Commi&s;sioner
<PB N="17" REF="12"> &s;o excepted again&s;t, choo&s;e another &s;o well qualified, &amp;c. as is mention+ed hereafter.</P>
<P N="4">4. And that the party and parties giving &s;uch &s;ummons, notice or warning, &s;hall and may be liable to an&s;wer all damages, that every par|ty &s;hall &s;u&s;tain, by rea&s;on or occa&s;ion of any of their mi&s;carriage in or about the execution of the &s;aid Commi&s;&s;ion.</P>
<P N="5">5. And that all &s;uch Commi&s;&s;ioners as any &s;uch party do or &s;hall nominate or choo&s;e, &s;hall be, or &s;o commonly accounted, Gentleman, or &amp;c. of hone&s;ty, learning and under&s;tanding, and of &s;olid Judgment, and charitable, and not &s;u&s;pected of certain crimes to be enumerated, (that is to &s;ay)&mdash;or &s;uch other things as &s;hall be thought, &amp;c. (being &s;uch Gentlemen will &s;it and execute &s;uch Commi&s;&s;ions as deeds of charity, being for the publique good of every individual per&s;on of this Nation) and then will there be no need of &s;uch Monopolizing Commi&s;&s;ioners and Officers, or &s;o pretended, as have been u&s;ed in and about the execution of the Statute of Bankrupt, who formerly have by &s;lones and dilatory inventions (as divers have complained) &s;wallowed up as much of the poor Bankrupt or pretended Bankrupt his e&s;tate, by often and unnece&s;&s;ary &s;itting about the &s;ame, with other &s;uch things too long now to be enumerated.</P>
<P><HI>For if &s;uch Commi&s;&s;ioners and parties &s;ummoning and giving no|tice, &amp;c. &s;hould not be of &s;uch e&s;tate and, &amp;c. if the pri&s;oner &s;hould make, or procure to be made, a fal&s;e Oath before &s;uch Commi&s;&s;ion|ers, or &amp;c. both of his e&s;tate, and al&s;o of warning in or &s;ummoning &s;uch Creditors to appear, &amp;c. there being many wicked people of mean e&s;tate, who have taken fal&s;e Oaths for a very &s;mall reward, then it is to be feared, many who get and run into divers hone&s;t mens debts in great &s;ums of money, and &s;ome on a &s;udden under &s;pecious pretences of driving &s;ome advantageous trade for gain, or to make &s;ome payment of &s;ums of money, which would be much prejudice to &s;uch borrower if he &s;hould not make payment thereof, when in truth &s;uch borrower hath had no other occa&s;ion for &s;uch money, but only to run away and &s;pend it, and it is feared, &s;uch a man &s;o doing, will make as little con&s;cience in making a fal&s;e Oath, or for &s;wearing him&s;elf, as &s;o to defraud, and then when &s;uch a bird is flown, the Creditors may long &s;eek after her before they can catch her, and only expect their money by <HI>John Long</HI> the Carrier, when he cometh: And be&s;ides, if &s;uch Commi&s;&s;ions &s;hould not be grant|ed, or at lea&s;t for very poor pri&s;oners, who lie in pri&s;on in remote places from, &amp;c. charged with executions (be&s;ides tho&s;e out of Corporation or Burrough Courts, where &s;uch pri&s;oner &s;o have been in pri&s;on) i&s;&s;uing &s;ome out of the one Bench, &s;ome out of the other,
<PB N="18" REF="13"> &s;ome out of the Chancery, &s;ome out of the Exchequer, &amp;c. when &s;uch pri&s;oner have been &s;o poor, that he hath not been able to re|move him&s;elf, &amp;c. And be&s;ides, if &s;uch Commi&s;&s;ioners, or &amp;c. &s;hould not be of ability in estate, &amp;c. and of &s;olid Judgment, but otherwi&s;e, &amp;c. and &s;hould &s;et a pri&s;oner at large, &amp;c. through ig|norance, or by rea&s;on of, &amp;c. what remedy then &s;hall Creditors have for their money?</HI></P>
<P N="6">6. And that &s;uch &s;ummons, notice or warning, &s;hall and may be per|&s;onal, or by Proclamation made at the Pari&s;h Church or Chappel, or Church door of &s;uch Pari&s;h, or read there two Lords Days at &s;uch times of &s;uch days as &s;uch Church or Chappel &s;hall be thought to be mo&s;t full or well filled with the people of &s;uch Pari&s;h there a&s;&s;embled. And that that may be made appear &s;o to be done, and that &s;uch party &s;o to be &s;ummoned or named, &amp;c. was &s;een there, or told thereof after|wards, by Certificate in writing under the hand of the Mini&s;ter, or &amp;c. or &s;ome of the chief of &s;uch Pari&s;h, and Oath of &s;uch parties &s;o to &s;um|mon or give warning of the truth thereof made before &s;uch Commi&s;|&s;ioners, or &amp;c. or that &s;uch party &s;o to &s;ummon, or &amp;c. did &s;o, and &s;ee Proclamation &s;o made or read, and the party &s;o to be &s;ummoned after|wards, or give him notice thereof, before &s;uch Commi&s;&s;ioners, or &amp;c. as &s;hall proceed upon &s;uch Commi&s;&s;ion to di&s;charge &s;uch pri&s;oners out of pri&s;on, concerning the charge again&s;t him, at the Suit of the party &s;o to be &s;ummoned, or &amp;c. unle&s;s &s;uch party &s;o to be &s;um|moned be out of the Nation or dead: And that then it may be &s;uffi|cient to give per&s;onal notice thereof to his or her Executor, or &amp;c. At|torney or Attorneys to the execution, judgment or charge again&s;t &s;uch pri&s;oner, tru&s;tee, by letter of Attorney, or &amp;c. and that &s;uch notice, &amp;c. may be of the time and place of the execution of every of &s;uch Com|mi&s;&s;ion, or that for the notice to be given of the execution of &s;uch Com|mi&s;&s;ion, it may be left in the Court from whence, &amp;c. or at &s;ome place certain to be appointed after the appearance of any &s;uch Creditor or Creditors there, for his or her Attorney, or &amp;c. to take notice thereof, and that every one or more making fal&s;e Certificate or Oath in that behalf, may be liable to an&s;wer the party, or &amp;c. grieved or damnified, his &amp;c. damages thereby &s;u&s;tained.</P>
<P><HI>For if leaving &s;uch notice, or &amp;c. at the dwelling hou&s;e, or &amp;c. of &s;uch Creditor, &amp;c. &s;hould be accounted &s;ufficient, then if &s;uch wicked per&s;on (who do or &s;hall make no con&s;cience of cheating or for&s;wearing, &amp;c.) &s;hould &s;end a per&s;on of &s;uch ability to leave &s;uch notice, or &amp;c. at, &amp;c. and another (unknowing to him, though of &s;uch ability) to take the &s;ame away, or that it &s;hould be left with a negligent per&s;on, or &s;ome knave or, &amp;c. and &s;o carele&s;ly or frau|dulently
<PB N="19" REF="13"> concealed: Would not then &s;uch party &s;o to be &s;ummoned be caught or &s;urprized?</HI></P>
<P N="7">7. That if either &s;uch pri&s;oner, or any his or her Creditors de&s;ire to have &s;uch a Commi&s;&s;ion to examine any witne&s;s or witne&s;&s;es far, or &amp;c. remote from either party, that then &s;uch a Commi&s;&s;ion for &s;uch purpo&s;e &s;hall or may be made to what Commi&s;&s;ioners the party &s;o de|&s;iring &s;hall nominate, and in &s;uch manner, as is to be u&s;ed in the others before mentioned, &s;o that convenient notice by &s;uch, &amp;c. be given by &s;ome convenient time to be appointed in that behalf to the other party or parties, whether he, or &amp;c. be Creditor, or &amp;c. to joyn in &s;uch Com|mi&s;&s;ion if he, or &amp;c. will; and that &s;uch exceptions and nominati|ons, &amp;c. &s;hall or may be, as before is mentioned, for other Commi&s;&s;ions before &s;uch Commi&s;&s;ion &s;hall be made; and that &s;uch Commi&s;&s;ion &s;hall be made to per&s;ons &s;o qualified as before, &amp;c. and that the party or parties, having or taking upon him, her or them the carriage, or &amp;c. of &s;uch Commi&s;&s;ion, &s;hall give notice to the party, pri&s;oner or Creditor, or &amp;c. joyning together, or &s;ome of them, who cho&s;e &s;uch Commi&s;&s;i|oners by the &s;pace of &mdash; or &s;ome other time to be thought, &amp;c. next before the execution of &s;uch Commi&s;&s;ion, to be provided with his Commi&s;&s;ioners, and make the &s;ame appear by Oath, if the &s;ame be re|quired, by the &s;pace of &mdash; or &s;ome other time to be thought con|convenient in that behalf, next after the return of &s;uch Commi&s;&s;ion into &s;uch Court, or &amp;c. or that el&s;e the Depo&s;itions taken by vertue of &s;uch Commi&s;&s;ion, &s;hall be &s;uppre&s;&s;ed, voyd and null.</P>
<P N="8">8. And that either &s;uch pri&s;oner, or any &s;uch Creditor, or &amp;c. may have and take out as many Commi&s;&s;ions, as he, or &amp;c. &s;hall be advi&s;ed by Coun&s;el, to be thought convenient about the premi&s;&s;es, for &s;peedy di&s;patch thereof, to examine witne&s;s or witne&s;&s;es in any remote place from, &amp;c. and that &s;everal choyces and nominations of Commi&s;sioners, &s;hall or may be for every &s;uch Commi&s;sion, both by &s;uch pri&s;oner, and &s;uch the Creditor, or &amp;c. in manner and form before mentioned.</P>
<P N="9">9. And that either &s;uch pri&s;oner, or &s;uch Creditor, or &amp;c. &s;o nomi|nating or choo&s;ing, may &s;ue or take out &s;uch Commi&s;sion, and have the carriage of, and &s;ee and procure the &s;ame to be executed (giving &s;uch notice to the other parties &s;o nominating the contrary Commi&s;sioners with him, her or them, of the hour, day and place convenient, certain and well to be found, when and where the &s;ame is to be or &s;hall be executed by the &s;pace of &mdash; or &s;ome other time to be thought convenient in that behalf, next before the day of the execution of &s;uch Commi&s;sion.</P>
<P N="10">10. And that if divers or any of &s;uch Commi&s;sioners happen to dye or depart this life, or be &s;ick, or weak, or <HI>non compos mentis,</HI> luna|tique,
<PB N="20" REF="14"> &amp;c. or that either &s;uch Pri&s;oner, Creditor or Creditors, do or &s;hall de&s;ire to choo&s;e, &amp;c. another Commi&s;sioner in the place or &s;tead of any &s;uch Commi&s;sioner for &s;ome lawful cau&s;e, that then he, &s;he or they (during the life of &s;uch pri&s;oner or debter, &amp;c.) who&s;e Commi&s;sioner, or &amp;c. he, or &amp;c. was, may nominate for every &s;uch Commi&s;sioner &s;o dying or, &amp;c. two of &s;uch qualified per&s;ons for Commi&s;sioners; and that after exceptions taken by the contrary party, or &amp;c. as before, that then every &s;uch Commi&s;sion &s;hall and may (at the co&s;ts and charges of him, her, or them, de&s;iring or reque&s;ting the &s;ame) be revived to the old &s;urviving, or other Commi&s;sioners, and one of &s;uch two not excepted again&s;t, in &s;tead and place of every &s;uch Commi&s;sioner &s;o dying, or de|parting this life, or &amp;c. or as &s;hall be far ab&s;ent from, &amp;c. or become unable, uncapable or unfit for &s;uch employment; and that every &s;uch commi&s;sion &s;hall and may be &s;o renewed, from time to time, upon every &s;uch occa&s;ion, and &s;tand, and be in force, for the intents and purpo&s;es a|fore&s;aid and hereafter mentioned, during the life of &s;uch pri&s;oner, or till the time that he or &s;he hath made or &s;hall make full payment and &s;atisfaction to all &s;uch his or her creditors or compo&s;ition with them.</P>
<P N="11">11. And that if either party, pri&s;oner or debter, creditor or creditors, find fault with, and complain again&s;t the fal&s;ity or untruth of any things which any witne&s;s do or &s;hall depo&s;e upon his or her examination by vertue of &s;uch commi&s;sion, that then a &s;pecial writ &s;hall and may be granted and made, by and out of any &s;uch Court containing the depo|&s;ition &s;o excepted again&s;t, and &s;hall be directed to the Sheriff of the County, where &s;uch witne&s;s did mo&s;t u&s;ual dwell or inhabit, at the time of &s;uch his or her examination, or within the &s;pace of &mdash; or &s;ome other time to be thought convenient in that behalf, next before the time of &s;uch examination, or to the Sheriff of &s;ome other County, to which &s;uch party, or &amp;c. excepting, &s;hall de&s;ire, if the contrary party or &amp;c. (upon notice thereof to be given in manner before mentioned) do not, nor &s;hall &s;hew unto &s;uch Court, or &amp;c. good and &s;ufficient cau&s;e to the contrary thereof: And that by &s;uch &s;pecial Writ &s;uch She|riff &s;hall be commanded, by the Oaths of twelve lawful men of the Hundred or places thereunto next adjoyning within &s;uch County, to enquire whether or not the contents of &s;uch Depo&s;ition be true: And that immediately next after the execution thereof, &s;uch Sheriff &s;hall and may return &s;uch Writ with the Inque&s;t thereupon fairly ingro&s;&s;ed in parchment, into the Court, from whence the &s;ame Writ i&s;&s;ued, or &s;hall i&s;&s;ue: And that the truth, or fal&s;ity and untruth, of &s;uch Depo&s;i|tion, &s;hall and may be taken, according to the tenor of the Return of &s;uch Inqui&s;ition, and no otherwi&s;e: And that &s;uch Jurors &s;hall be &s;uch, as be capable of trying I&s;&s;ues, joyned in the four &s;uperior Courts at
<PB N="21" REF="14"> <HI>We&s;tmin&s;ter:</HI> And that &s;uch convenient notice &s;hall be given to the contrary party or parties who endeavor the &s;upport of &s;uch Depo&s;i|tion, as in the other ca&s;es, and that &s;uch party, or &amp;c. may make &s;uch challenges, &amp;c. or defence, &amp;c. as be or have been u&s;ed at the tryal of &s;uch I&s;&s;ues; And &s;uch attaints, and &amp;c. again&s;t &s;uch Jurors or Inqui&s;i|tors may be for making a fal&s;e Oath, or &amp;c. concerning the premi&s;&s;es, and they to undergo the &s;ame penalty, as in making a fal&s;e Oath in try|ing of &s;uch I&s;&s;ues, or &amp;c. or &s;ome other penalty to be thought conveni|ent in that behalf.</P>
<P N="12">12. That &s;uch <HI>Commi&s;&s;ioners,</HI> or &amp;c. &s;hall and may have power to examine upon Oath for &s;upport, or again&s;t, or to impeach the credit of any witne&s;s to be, or which &s;hall be examined touching or concerning the Premi&s;&s;es, at the reque&s;t of either <HI>party,</HI> either <HI>Pri&s;oner,</HI> or &amp;c.</P>
<P N="13">13. And that the <HI>Depo&s;itions</HI> taken or to be taken (by virtue of &s;uch <HI>Commi&s;&s;ion</HI> by the <HI>Commi&s;&s;ioners,</HI> &s;o equally to be cho&s;en on all &s;ides, and &s;uch due notice for examination and cro&s;s examination of them) &s;hall and may be given in evidence, at the execution of &s;uch Writ of en|quiry, or at any tryal at Law otherwi&s;e, and &s;tand good and available, in the ab&s;ence of &s;uch Witne&s;s, in as beneficial a manner, and as effectu|al, as if &s;uch witne&s;s, or &amp;c. who &s;o depo&s;ed were there per&s;onally pre|&s;ent; but with this, that either party, or &amp;c. who will (at his own charge) may have and compel &s;uch witne&s;s or witne&s;&s;es to be at &s;uch enquiry, in pri&s;on, and to be examined again upon the &s;ame que&s;tions, upon which he, or &s;he, or they were before, by virtue of &s;uch <HI>Commi&s;&s;ion,</HI> examined, upon &s;uch penalty as before, (being &s;erved with a Warrant in that behalf, under the hand of &s;uch <HI>Commi&s;&s;ioners,</HI> or &amp;c.) and that e|very party or parties, for whom &s;uch witne&s;s or witne&s;&s;es be or &s;hall be examined by virtue of &s;uch <HI>Commi&s;&s;ion,</HI> &s;hall upon reque&s;t of the con|trary party, or &amp;c. within &mdash; or &s;ome time to be thought, &amp;c. bring out, and give true and certain notice, of the place of aboad of &s;uch witne&s;s or witne&s;&s;es: And that if &s;uch witne&s;s or witne&s;&s;es do not or &s;hall not appear before &s;uch <HI>Court,</HI> or &amp;c. within &mdash; or &s;ome o|ther time to be thought convenient in that behalf (being &s;o warned, and his charges &s;o payd, or tendered) at &s;uch inqui&s;ition, That then, if ur|gent or inevitable cau&s;e do or &s;hall not happen to hinder the &s;ame, and be proved &s;o before, &amp;c. and his, or &amp;c. credit well &s;upported, upon Oath, by &s;ub&s;tantial witne&s;s or witne&s;&s;es; That then the Depo&s;ition of &s;uch, &s;o not appearing, to be null.</P>
<P N="14">14. And that every Pri&s;oner from time to time, after his or her en|largement out of Pri&s;on, &s;hall give a true account in writing upon his or her Oath to &s;uch Commi&s;&s;ioners, or, &amp;c. from time to time con|venient, when &s;uch Commi&s;&s;ioners, or, &amp;c. do or &s;hall require him or her &s;o to do&punc; and that &s;uch account, &s;hall and may be&punc; of the Debts&punc; &amp;c.
<PB N="22" REF="15"> received in, by &s;uch Pri&s;oner &s;ince, &amp;c. and of the gains, and lo&s;&s;es, and nece&s;&s;ary charges, and expences, of &s;uch Pri&s;oner, by &s;uch Commi&s;&s;i|oners, or, &amp;c. to be allowed: And that if &s;uch Commi&s;&s;ioners, or, &amp;c. cannot agree thereupon, That then any of them who will may certifie the truth thereof, to the <HI>Court</HI> from whence &s;uch Commi&s;&s;ion i&s;&s;ued, or &s;hall i&s;&s;ue, and of the points of &s;uch their di&s;agreement: And that thereupon <HI>that Court</HI> &s;hall or may &s;ettle and order the &s;ame, according to their direction: And how, and in what manner, &s;uch Pri&s;oner &s;hall and may be &s;et to work, and how long, if he or &s;he &s;hall be found ex|travagant, or refractory therein, or refu&s;e &s;o to give account.</P>
<P N="15">15. And that every party, both <HI>Pri&s;oner,</HI> and <HI>Creditor,</HI> and <HI>Credi|tors,</HI> may have the view of &s;uch Depo&s;itions and Accounts, from time to time convenient, and take or procure Copies to be taken thereof, or of as much thereof, as he or &s;he &s;hall be advi&s;ed by coun&s;el; and that &s;uch <HI>Commi&s;&s;ioners</HI> &s;hall keep a Paper-copy of &s;uch Depo&s;itions for &amp;c. and cau&s;e the &s;ame to be fairly ingro&s;&s;ed in <HI>parchment,</HI> and &s;ent with &s;uch <HI>Commi&s;&s;ion</HI> returned into the <HI>Court,</HI> from whence &s;uch <HI>Commi&s;&s;i|on</HI> i&s;&s;ued, or &s;hall i&s;&s;ue.</P>
<P N="16">16. And that it is not the intent of &amp;c. that any &s;urety which now is, or &amp;c. &s;hould be &s;ubject to the penalty in &amp;c. as to be &s;et at work, or &amp;c. unle&s;s it &s;hall be proved by &amp;c. that his or her principal was credited with &amp;c. at his or her reque&s;t, and that that he, or &s;he, or any to his or her u&s;e, or for him or her in tru&s;t, by his or her appointment, had &s;hare of the money, or other thing, for which credit was &s;o had or given.</P>
<P><HI>17.</HI> And to the end that all (to whom &s;uch Pri&s;oner (who hath not remained in Pri&s;on &s;ome time, as &s;hall be thought convenient in that behalf, or that &s;hall be charged in execution or otherwi&s;e in Pri&s;on hereafter) owe any debt, duty, or &amp;c.) &s;hould come and joyn in &s;uch Commi&s;&s;ion and Examination: and that &s;ome Creditors, or &amp;c. of &s;uch Pri&s;oner who have him or her in Pri&s;on (by combination or connivance with &s;uch Pri&s;oner &s;e|cretly or fraudulently to give him or her allowance out of &s;uch his or her e&s;tate, &amp;c.) &s;hould not have all the e&s;tate of &s;uch Pri&s;oner, and others of his or her Creditor or Creditors no|thing thereof.</P>
<P>That as for and concerning charges again&s;t &s;uch Pri&s;oner in Pri&s;on, a|mounting to a great &s;um, <HI>viz.</HI> to &mdash; and E&s;tate, &amp;c. of &s;uch Pri|&s;oner, amounting to a great value, <HI>viz.</HI> &mdash; or &s;ome other &s;ums to be thought convenient in that behalf; &s;pecial Writs &s;hall be made and directed, one to the Sheriff of every County of this Nation, commanding him to cau&s;e Proclamation to be made by him&s;elf, his De|puty,
<PB N="12" REF="15"> or Bayliffs, in his or their County Court and Courts, and Hundred Courts and general Quarter Se&s;sions of the Peace, and at the Church or Chappel of every Pari&s;h within his County at the time, &amp;c. &mdash; by the Con&s;table, Tythingman, or &amp;c. of every Pari&s;h within his Coun|ty, to &s;ummon, give notice to, or warm every one, to whom &s;uch Pri|&s;oner then owed, or &s;hall owe any money, his or their Executor and Admini&s;t. Guardian, Tru&s;tee by Letter of Attorney, or other Agent, &amp;c. to &s;hew cau&s;e at &s;ome certain time and place, why &s;uch Pri&s;oner &s;hould not be &s;et at large out of Pri&s;on, and to joyn with the other Creditors of &s;uch Pri&s;oner (if they &s;hall think convenient) in &s;uch <HI>Commi&s;&s;ion, &amp;c.</HI> and to nominate and choo&s;e, &amp;c. as before; And that every &s;uch Sheriff &s;hall duly execute, or cau&s;e &s;uch Writ to be duly executed, and &s;uch Con&s;table, or &amp;c. &s;hall do according to the Command or Precept of &s;uch Sheriff to be made in that behalf; And that &s;uch Sheriff &s;hall make return of what he hath done, or &s;hall do, concerning the <HI>Pre|mi&s;&s;es</HI> to the <HI>Court</HI> from whence &s;uch Proclamation i&s;&s;ued, or &s;hall i&s;|&s;ue, at &s;uch time and times as &s;hall be thought convenient in that be|half, and that before return thereof no di&s;tribution &s;hall be of any the E&s;tate, or &amp;c. of &s;uch Pri&s;oner; but that &s;uch <HI>Commi&s;&s;ioners,</HI> till &s;uch return, &s;hall retain &s;uch E&s;tate, which &s;hall or may be had by &s;uch <HI>Com|mi&s;&s;ion,</HI> in their own hands, and &s;ue for any of his or her Debts, &amp;c. in their own names, in manner &amp; form before expre&s;&s;ed: and after &s;uch return to make di&s;tribution, &amp;c. And that both &s;uch Sheriff, and every &s;uch Officer, for not doing, or mi&s;-doing his or her office or duty here|in, may be liable to the parties grieved or damnified thereby, his, her, or their damages, thereby &s;u&s;tained, or to be &s;u&s;tained: And that &s;uch Pri&s;oner before &s;uch Sheriff, or &amp;c. &s;hall be liable to do any execution, according to the tenure of &s;uch Writ &s;hall deliver in print, or otherwi&s;e, the contents and copies of &s;uch Writ and Warrants thereupon, to be made, amounting to as many, or more, as there be Hundreds, &amp;c. and Pari&s;hes within &s;uch County: but with this to avoyd great trouble for trifles, that &s;uch Proclamation may onely be made at the County Court, and general Se&s;sions, and not at the Pari&s;hes, &amp;c. unle&s;s it be for a Debt, &amp;c. and E&s;tate, &amp;c. to be thought very great, and the party ow|ing the &s;ame, of a dangerous condition. Or if this cour&s;e concerning Proclamation &s;hall be thought too tedious and trouble&s;om, That then onely immediately after any &s;uch <HI>Pri&s;oner, Creditor,</HI> or <HI>Creditors</HI> &s;hall go about, to have &s;uch <HI>Pri&s;oner</HI> enlarged by &s;uch <HI>Commi&s;&s;ion,</HI> that an entry for notice of the pro&s;ecution of &s;uch <HI>Commi&s;&s;ion,</HI> may onely be entred in the <HI>Regi&s;ter book</HI> of the Pari&s;h where &s;uch <HI>Pri&s;oner</HI> did mo&s;t commonly inhabit, next before &s;uch his impri&s;onment; and with the <HI>Custos Rotulorum</HI> of the <HI>County</HI> where &s;uch Pari&s;h is, and of the
<PB N="24" REF="16"> <HI>County</HI> where &s;uch <HI>Pri&s;oner</HI> is or &s;hall be impri&s;oned, and with &s;ome chief Officer, where the <HI>Supreme Courts</HI> of this <HI>Nation</HI> are or &s;hall be kept or held, from time to time, or in &s;ome other place or places, by the <HI>Supreme Authority</HI> of this <HI>Nation,</HI> to be thought convenient in that behalf; &s;ome time to be thought convenient before &s;uch enlarge|ment and di&s;tribution.</P>
<P N="18">18. And that no other who (after &s;uch enlargement of &s;uch <HI>Pri&s;oner</HI> &s;hall give him, or &amp;c. credit or tru&s;t him, or &amp;c. with any thing) &s;hall have any remedy for having or obtaining of any payment or &s;atisfacti|on of or for the &s;ame, of, upon, or again&s;t any the Me&s;&s;uages, Lands, or Tenements, Rents, &amp;c. Goods, or Chattels, or Debts, or &amp;c. of &s;uch <HI>Pri&s;oner;</HI> until &s;uch as were his or her <HI>Creditors,</HI> or &amp;c. at the time of &s;uch his or her enlargement, &s;hall be fir&s;t &s;atisfied, payd, or com|pounded with, for &s;uch Debt, &amp;c. as to them were owing, at the time of &s;uch his or her enlargement, &amp;c.</P>
<P N="19">19. And that if the <HI>Creditor</HI> or <HI>Creditors</HI> of &s;uch <HI>Pri&s;oner</HI> do de&s;ire &s;uch <HI>Pri&s;oner</HI> to remain <HI>Pri&s;oner,</HI> till &s;uch the truth of &s;uch matter, as he or they &s;hall &s;o except again&s;t, be &s;o by Jury, as before is mention|ed, tryed, That then &s;uch <HI>Creditor</HI> or <HI>Creditors</HI> &s;everally and re&s;pective|ly, according to the proportion of his, her, or their Debts, &amp;c. &s;hall and may be compelled to bear the charges of &s;uch <HI>Pri&s;oner</HI> in <HI>Pri&s;on,</HI> in the mean time; and his charges or expence in his or her defence, &amp;c. in that behalf; if the truth of &s;uch matter be, or &s;hall be maintained by &s;uch inque&s;t.</P>
<P N="20">20. And that all &s;uch Exceptions, Demurrers, or &amp;c. which &s;hall be taken according to any of the &s;aid <HI>Propo&s;als,</HI> &s;hall be fairly written or ingro&s;&s;ed in parchment, and returned into &s;uch <HI>Court;</HI> and that a true Paper-copy thereof &s;hall be there al&s;o left for the party, or his <HI>Attorney,</HI> or &amp;c. again&s;t whom &s;uch Exceptions, or &amp;c be, or &s;hall be &s;o taken.</P>
<P N="21">21. And that if any of &s;uch <HI>Creditors</HI> who &s;hall have a Judgment, or &amp;c. charged again&s;t &s;uch <HI>Pri&s;oner</HI> in execution, de&s;ire to have the &s;ame &s;tand in force again&s;t the Mannors, Me&s;&s;uages, Lands, &amp;c. of &s;uch <HI>Pri&s;oner,</HI> that then the &s;ame &s;hall and may &s;tand and be in force, and be beneficial, &amp;c. as afore&s;aid, without taking new Judgment for the &s;ame, and to have priority, &amp;c. as hath been anciently u&s;ed.</P>
<P N="22">22. And that if at any time within &mdash; or &s;ome other time to be thought convenient in that behalf, next after the taking and ma|king of any &s;uch Oath, either by &s;uch <HI>Pri&s;oner,</HI> or his wife, or any the <HI>Creditor</HI> or <HI>Creditors</HI> of &s;uch <HI>Pri&s;oner,</HI> or any of their wives, or any other, if it &s;hall appear and be di&s;covered that &s;uch Oath is or was fal&s;e, That then the party offending therein may undergo &s;uch penalty as &s;hall be thought convenient in that behalf.</P>
</DIV2>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
