out of the Composition of a neer Aly of his, which with other things was
put into a way by being referred to express days.
Die Martis, 4 Septembr. 1649.
An Act for discharging poor Prisoners unable to satisfie their creditors.
Be it enacted by this present Parliament, and by authority thereof, That the
Judg or Judges of that Court from whence the Process issued upon which any
person now is imprisoned upon any Process or Execution, where the cause of
Action was Originally for Debt, upon the request of such party, and taking his
or her Oath, which the said Judg or Judges have hereby power and authority
to administer;
That bona side he or she is not worth in Possession, Reversion or Remainder of
any Estate Real or Personal, to the value of Five pounds, besides necessary
wearing Apparel, and Bedding for himself, Wife and Children, and Tools necessary
for his Trade or Occupation, not exceeding the value of Five pounds;
and hath not directly or indirectly conveyed or intrusted his or her estate, thereby
to expect any Profit, Benefit or Advantage.
That then the Judg or Judges aforesaid, shall and may, by Warrant under
their hand and Seal, summon to appear before them, within thirty days after
personal notice given there of to the Plaintist or Plaintists, or left at his or their
dwelling house or houses, lodging or last abode, And if thereupon the said
Plaintiff or Plantiffs shall not appear, or some other person or persons, for or
on his or their behalf, and shew just and lawful excuse for his or their absence,
or shall appear and cannot deny the truth of the said Oath, That then the said
Judg or Judges shall Discharge the said party of and from his or her Imprisonment
Any Law, Statute, Usage or Custom to the contrary thereof in any wise
notwithstanding. Provided always, That if at any time within Seven years
after the taking of the said Oath by the said Prisoner as aforesaid, it shall be
discovered, That the said Prisoner hath falsly sworn in taking she said Oath, and
shall be thereof lawfully convicted, That then the said Judg or Judges, shall
by his or their Warrant, cause the said Prisoner to be again reimprisoned for
the cause or causes for which he or she was formerly imprisoned, be it
in execution or otherwise, as though this Act had never been made; and sues
Prisoner shall and may be indicted for Perjury, and shall suffer such Pains
and Forfeitures as by any Statute or Law may be inflicted upon any person convicted
for Perjury; Provided, that not with standing the Discharge of the person
of such Debtor, all and every former Judgment and Execution had or taken
forth against such Debtor (except before excepted) And that it shall and may
be lawful, to and for the Creditor of such Debtors, to take out any new Execution
against any other the Lands, Goods and Chattels of such Debtor,(except
before excepted) for the satisfaction of his said Debt, Any Law, Statute, Ordinance
or Usage to the contrary in any wise not with standing; Provided that this
Act, or anything therin containd, shal not extend to any other person now in Prison
for any cause or causes, save onely for debt as aforesaid; Nor shall extend to
any person or persons, who have been in Arms against the Parliament, or have
adhered to the Forces raised against the Parliament.
Hen. Scobel, cleric. Parliament.