Legal and other reasons (with all humility) presented to His most Excellent Majesty, King Charles II. and to both his Honorable Houses of Parliament, why the subjects of England, should not be imprisoned for debt or damages, or any thing thereunto relating
         Cole, William, 1615 or 16-1698.
      
       
         
           1675
        
      
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         99826982
         31394
         
           
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             Legal and other reasons (with all humility) presented to His most Excellent Majesty, King Charles II. and to both his Honorable Houses of Parliament, why the subjects of England, should not be imprisoned for debt or damages, or any thing thereunto relating
             Cole, William, 1615 or 16-1698.
          
           16 p.
           
             [s.n.],
             London :
             printed in the year MDCLXXV. [1675]
          
           
             Signed on p. 11: William Cole.
             "A summary or compendium of the act before-mentioned, for prisoners that will part with all their estates, both real and personal, for the satisfaction of their creditors" has caption title on p. 13; register and pagination are continuous.
             Reproduction of the original in the Bodleian Library.
          
        
      
    
     
       
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         eng
      
       
         
           Debts, Imprisonment for -- England -- Early works to 1800.
           Great Britain -- History -- Charles II, 1660-1685 -- Early works to 1800.
        
      
    
     
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           LEGAL
           and
           other
           REASONS
           (
           With
           all
           Humility
           )
           Presented
           to
           His
           Most
           Excellent
           Majesty
           ,
           King
           Charles
           II.
           
        
         
           AND
           TO
           Both
           His
           Honorable
           Houses
           OF
           PARLIAMENT
           ,
           WHY
           THE
           SUBJECTS
           of
           ENGLAND
           ,
           Should
           not
           be
           Imprisoned
           FOR
           Debt
           or
           Damages
           ,
           Or
           any
           thing
           thereunto
           relating
           .
        
         
           LONDON
           ,
           Printed
           in
           the
           year
           MDCLXXV
           .
        
      
    
     
       
         
         
         
           Legal
           and
           other
           Reasons
           ,
           (
           with
           all
           humility
           )
           presented
           to
           His
           Most
           Excellent
           Majesty
           ,
           King
           Charles
           the
           Second
           ,
           and
           to
           both
           His
           Honorable
           Houses
           of
           Parliament
           ,
           why
           the
           Subjects
           of
           England
           ,
           should
           not
           be
           Imprisoned
           for
           Debt
           or
           Damages
           ,
           or
           any
           thing
           thereunto
           relating
           .
        
         
           IT
           is
           evidently
           and
           undeniably
           plain
           ,
           that
           (
           by
           the
           Ancient
           Common
           Law
           of
           the
           Land
           )
           the
           Bodies
           of
           any
           of
           the
           people
           of
           England
           ,
           could
           not
           ,
           at
           the
           Sute
           of
           any
           Subject
           ,
           be
           Arrested
           ,
           Imprisonned
           ,
           or
           any
           of
           them
           Outlawed
           ,
           for
           Debt
           or
           Damages
           ,
           (
           or
           any
           thing
           thereunto
           relating
           )
           as
           clearly
           appears
           ,
           not
           only
           by
           our
           Antient
           Laws
           ,
           but
           by
           the
           Authority
           of
           these
           two
           great
           Sages
           of
           the
           Law
           ,
           the
           Lord
           Chief
           Justice
           Coke
           ,
           in
           his
           Third
           Report
           ,
           fol.
           11
           &
           12.
           and
           the
           Lord
           
             Dyer
             ,
             An.
          
           23
           Eliz.
           305.
           b.
           the
           which
           also
           by
           
             Magna
             Charta
             ,
             Chap.
          
           29.
           (
           that
           great
           Expositor
           of
           our
           Antient
           Laws
           )
           was
           (
           in
           affirmation
           of
           the
           Antient
           Common
           Law
           (
           with
           great
           and
           〈◊〉
           circumspection
           )
           provided
           against
           ,
           and
           not
           only
           (
           not
           as
           much
           as
           thought
           on
           before
           the
           Conq●est
           )
           but
           was
           abhorred
           (
           in
           the
           least
           )
           to
           be
           practised
           ,
           from
           that
           time
           ,
           and
           the
           time
           of
           the
           birth
           of
           that
           explanatory
           Law
           ,
           (
           which
           was
           in
           the
           Ninth
           year
           of
           the
           Reign
           of
           King
           Henry
           the
           Third
           )
           until
           many
           Ages
           after
           ,
           there
           being
           variety
           of
           great
           ,
           weighty
           ,
           and
           pregnant
           Reasons
           ,
           for
           the
           preservation
           of
           that
           greatest
           Liberty
           ,
           and
           Priviledge
           of
           the
           Subject
           (
           the
           freedome
           of
           their
           Persons
           from
           Imprisonment
           )
           and
           as
           well
           those
           Antient
           Laws
           before
           the
           Conquest
           ,
           as
           the
           Laws
           until
           the
           making
           of
           the
           great
           Charter
           ,
           (
           and
           threescore
           years
           after
           )
           were
           ,
           in
           that
           particular
           ,
           (
           with
           all
           studious
           and
           sedulous
           care
           )
           inviolably
           observed
           ,
           as
           an
           eminent
           and
           signal
           Badge
           of
           the
           immunitie
           and
           heroick
           freedome
           of
           the
           English
           Nation
           ,
           who
           were
           then
           deservedly
           called
           
             (
             libera
             gens
          
           )
           and
           lived
           so
           ,
           (
           and
           in
           so
           great
           an
           happy
           Splendor
           ,
           (
           to
           the
           envious
           admiration
           of
           the
           rest
           of
           
           the
           Christian
           World
           ,
           (
           and
           to
           the
           eternal
           honor
           of
           our
           Ancestors
           )
           without
           being
           subject
           to
           any
           such
           Imprisonment
           ,
           not
           only
           all
           the
           time
           of
           William
           the
           Conquerors
           Reign
           ,
           (
           which
           was
           above
           Twenty
           years
           )
           but
           one
           hundred
           fourscore
           and
           forteen
           years
           after
           his
           death
           ,
           and
           until
           the
           Statute
           of
           Westminster
           the
           second
           ,
           Chapter
           the
           11.
           (
           made
           in
           the
           Thirteenth
           year
           of
           King
           Edward
           the
           First
           ,
           invented
           a
           Capias
           ,
           and
           a
           new
           Process
           of
           Outlawry
           ,
           (
           which
           from
           that
           time
           )
           was
           full
           so
           many
           years
           ,
           the
           Statute
           of
           the
           two
           and
           fiftieth
           of
           Henry
           the
           Third
           ,
           Chap.
           23.
           (
           although
           the
           first
           that
           ever
           made
           any
           English
           (
           Mans
           person
           subject
           to
           such
           Arrest●
           yet
           it
           being
           only
           against
           Baylifs
           of
           particular
           Lords
           )
           I
           lay
           no
           great
           stress
           on
           ,
           but
           that
           breach
           and
           inroad
           being
           once
           made
           into
           ,
           and
           upon
           the
           Common
           Law
           ,
           (
           by
           the
           Statute
           of
           Westminster
           the
           Second
           )
           gave
           encouragement
           ,
           to
           the
           unhappy
           production
           of
           another
           Statute
           ,
           made
           in
           the
           twenty
           fifth
           year
           of
           the
           Reign
           of
           King
           Edward
           the
           Third
           ,
           Chap.
           17.
           by
           which
           it
           was
           Enacted
           ,
           that
           such
           Process
           should
           be
           made
           in
           Debt
           ,
           and
           detinue
           of
           Chattels
           ,
           and
           by
           process
           of
           Exigent
           ,
           as
           was
           then
           used
           in
           in
           Writs
           of
           Accompt
           ;
           which
           were
           two
           such
           keen
           Laws
           ,
           that
           they
           not
           only
           Invaded
           ,
           but
           cut
           in
           sunder
           ,
           the
           choycest
           Liberty
           of
           the
           Subject
           ,
           by
           submitting
           the
           persons
           of
           the
           then
           free
           people
           of
           England
           ,
           to
           the
           cruelty
           of
           Imprisonment
           for
           Debt
           and
           Damages
           ;
           but
           the
           same
           wise
           King
           Edward
           the
           Third
           ,
           of
           whom
           the
           Lord
           Chief
           Justice
           Coke
           ,
           (
           in
           the
           second
           part
           of
           his
           Institutes
           ,
           fol.
           29
           )
           gives
           this
           Character
           ,
           That
           King
           Henry
           the
           Second
           ,
           Edward
           the
           First
           ,
           and
           Edward
           the
           Third
           ,
           were
           (
           all
           of
           them
           )
           Princes
           of
           great
           Fortitude
           ,
           Wisdome
           ,
           and
           Justice
           ,
           that
           governed
           by
           their
           Laws
           ,
           but
           that
           (
           in
           the
           Reign
           of
           King
           Edward
           the
           Third
           )
           the
           Laws
           did
           principally
           flourish
           ,
           who
           (
           saith
           he
           )
           was
           a
           Noble
           ,
           Wise
           ,
           and
           Wa
           〈…〉
           Prince
           .
           This
           prudent
           Prince
           (
           I
           say
           )
           looking
           deliberately
           into
           the
           Wounds
           those
           Statutes
           had
           given
           ,
           to
           the
           honor
           and
           happiness
           of
           the
           Kingdom
           ,
           and
           to
           that
           ancient
           and
           most
           venerable
           part
           of
           the
           Common
           Law
           ,
           (
           which
           preserved
           his
           Subjects
           persons
           from
           Imprisonment
           )
           and
           the
           very
           many
           Kings
           Reigns
           and
           Ages
           ,
           (
           without
           any
           the
           least
           interruption
           )
           which
           that
           glorious
           ,
           and
           famous
           Liberty
           ,
           had
           prosperously
           continued
           ,
           and
           (
           as
           it
           were
           )
           repenting
           of
           the
           making
           of
           the
           said
           bitter
           Statute
           ,
           of
           the
           twenty
           fifth
           year
           of
           his
           own
           Raign
           ,
           and
           he
           and
           his
           Parliament
           ,
           finding
           the
           mischievous
           inconveniences
           and
           dishonor
           ,
           that
           it
           had
           put
           upon
           the
           people
           ,
           and
           resolving
           ,
           to
           file
           those
           Shakles
           ,
           from
           off
           the
           Subjects
           feet
           ,
           and
           to
           reinvest
           them
           into
           the
           Liberty
           and
           freedome
           of
           their
           persons
           ,
           from
           imprisonment
           ,
           according
           to
           the
           common
           Law
           of
           the
           Land
           ,
           by
           that
           gracious
           healing
           Statute
           ,
           made
           in
           the
           two
           and
           fortieth
           year
           
           of
           the
           Reign
           of
           the
           same
           King
           Edward
           the
           Third
           ,
           Chap.
           1.
           those
           two
           Raizor
           metled
           cutting
           rigorous
           Laws
           were
           (
           as
           to
           such
           Imprisonment
           as
           aforesaid
           )
           by
           the
           opinion
           of
           many
           ,
           and
           by
           the
           general
           construction
           of
           Law
           ,
           and
           the
           true
           intendment
           hereof
           )
           Repealed
           ,
           which
           declared
           ,
           that
           the
           Great
           Charter
           should
           be
           holden
           ,
           and
           kept
           in
           all
           points
           ;
           and
           (
           if
           any
           Statute
           be
           made
           to
           the
           contrary
           )
           that
           it
           should
           be
           holden
           for
           none
           ,
           which
           said
           last
           mentioned
           Statute
           ,
           was
           (
           according
           to
           common
           construction
           )
           intended
           fully
           to
           restore
           the
           brightness
           and
           luster
           ,
           of
           the
           ancient
           Common
           Law
           ,
           and
           to
           support
           and
           maintain
           the
           strength
           and
           vigor
           of
           that
           Standard
           ,
           of
           Law
           and
           Justice
           (
           the
           Great
           Charter
           )
           which
           not
           only
           asserts
           His
           Majesties
           just
           Rights
           and
           Prerogative
           Royal
           ,
           but
           defends
           and
           preserves
           the
           Freedom
           and
           just
           Liberties
           of
           the
           people
           ,
           which
           (
           as
           the
           same
           Author
           in
           his
           Preface
           to
           his
           second
           Institute
           )
           tells
           us
           ,
           hath
           been
           confirmed
           ,
           by
           two
           and
           thirty
           Acts
           of
           Parliament
           ,
           and
           not
           only
           so
           ,
           but
           (
           by
           the
           Statute
           of
           the
           twenty
           fifth
           of
           Edward
           the
           First
           )
           the
           same
           is
           to
           be
           taken
           ,
           as
           the
           Common
           Law.
           But
           the
           seting
           up
           ,
           and
           creation
           of
           the
           great
           numbers
           of
           Offices
           and
           Officers
           ,
           and
           the
           herds
           of
           persons
           ,
           which
           those
           most
           severe
           Laws
           Westminster
           the
           Second
           ,
           and
           the
           Statute
           of
           the
           twenty
           fifth
           of
           Edward
           the
           Third
           )
           had
           most
           advantageously
           preferred
           ,
           almost
           in
           every
           City
           ,
           Town
           ,
           and
           Village
           of
           the
           Kingdome
           ,
           had
           so
           fix'd
           ,
           fastned
           ,
           and
           rivited
           such
           Multitudes
           of
           persons
           (
           many
           of
           them
           of
           very
           great
           and
           eminent
           quality
           and
           interest
           )
           in
           places
           of
           great
           and
           tempting
           gain
           ,
           which
           had
           made
           so
           deep
           an
           impression
           ,
           upon
           the
           minds
           of
           that
           prevalent
           and
           powerful
           part
           of
           the
           Kingdome
           ,
           (
           who
           had
           thereby
           plentifully
           enricht
           themselves
           )
           that
           notwithstanding
           the
           said
           Statute
           ,
           of
           the
           two
           and
           foroftieth
           Edw.
           the
           Third
           ,
           so
           intentionally
           composed
           as
           aforesaid
           ,
           for
           the
           manumitting
           of
           the
           people
           of
           England
           ,
           (
           as
           〈◊〉
           from
           the
           thraldome
           of
           a
           Prison
           ,
           as
           otherwise
           to
           preserve
           their
           Liberty
           )
           they
           went
           on
           to
           Imprison
           the
           Bodies
           of
           the
           Subject
           ,
           which
           hath
           ever
           since
           been
           practised
           ,
           not
           only
           (
           by
           vertue
           of
           those
           two
           Laws
           ,
           Westminster
           the
           Second
           ,
           and
           the
           twenty
           fifth
           of
           Edward
           the
           Third
           )
           but
           that
           of
           
             Acton
             Burnell
          
           ,
           and
           the
           Statute
           
             de
             mercatoribus
          
           ,
           touching
           Arrests
           upon
           Statutes
           ,
           Staple
           ,
           and
           Merchant
           ,
           and
           by
           other
           Laws
           built
           upon
           them
           ,
           which
           (
           contrary
           to
           the
           antient
           Common
           Law
           ,
           (
           as
           is
           very
           plain
           )
           doth
           continue
           the
           invassilation
           of
           Imprisonment
           against
           ,
           and
           upon
           ,
           all
           the
           free
           born
           Subjects
           of
           England
           ,
           except
           the
           Lords
           ,
           and
           they
           themselves
           (
           in
           some
           case
           )
           as
           the
           Law
           by
           some
           is
           holden
           to
           be
           )
           are
           not
           exempted
           neither
           :
           for
           if
           a
           Nobleman
           be
           Outlawed
           (
           as
           it
           is
           holden
           )
           he
           may
           be
           arrested
           and
           Imprisoned
           ,
           and
           (
           until
           the
           Outlawry
           be
           reverst
           ,
           is
           not
           only
           incapable
           to
           sit
           in
           the
           House
           
           of
           Peers
           ,
           but
           all
           his
           personal
           Estate
           is
           forfeited
           ,
           and
           his
           Lands
           in
           the
           same
           condition
           ,
           with
           any
           other
           Subject
           .
           So
           that
           it
           is
           indisputably
           clear
           ,
           how
           great
           an
           Intrenchment
           the
           Imprisonment
           of
           Mens
           persons
           ,
           is
           ,
           upon
           the
           honor
           of
           the
           antient
           Common
           Law
           ,
           of
           which
           ,
           as
           the
           Lord
           Chief
           Justice
           Coke
           saith
           ,
           the
           Great
           Charter
           ,
           is
           but
           declaratory
           ,
           and
           as
           a
           late
           Writer
           ,
           (
           from
           good
           authority
           )
           tells
           us
           ,
           did
           not
           grant
           any
           thing
           
             de
             Novo
          
           ,
           but
           that
           thereby
           our
           antient
           Laws
           and
           Liberties
           ,
           were
           only
           repeated
           and
           confirmed
           ,
           and
           indeed
           all
           those
           our
           Ancestors
           maintai●ed
           ,
           not
           only
           with
           indefatigable
           prudential
           care
           and
           industry
           ,
           but
           with
           the
           vast
           expence
           of
           Blood
           and
           Treasure
           ,
           witness
           the
           more
           then
           twenty
           years
           intestine
           Bloody
           Civil
           War
           ,
           in
           the
           Reign
           of
           King
           Iohn
           ,
           and
           in
           the
           end
           ,
           the
           confirmation
           of
           those
           Laws
           ,
           and
           Liberties
           (
           by
           the
           same
           King
           )
           in
           the
           face
           of
           the
           Nobility
           ,
           and
           other
           the
           great
           Men
           of
           the
           Kingdome
           ,
           and
           of
           an
           infinite
           multitude
           of
           other
           the
           free
           people
           of
           England
           ,
           as
           saith
           
             Brittaine
             ,
             fol.
          
           219.
           
           So
           that
           there
           wants
           nothing
           to
           make
           it
           fully
           demonstrable
           ,
           that
           by
           our
           Ancestors
           magnanimity
           ,
           and
           resolved
           courage
           ,
           (
           in
           maintaining
           the
           antient
           Common
           Law
           )
           they
           and
           their
           Posterity
           were
           not
           only
           establisht
           in
           their
           just
           Rights
           ,
           but
           were
           preserved
           from
           such
           Imprisonment
           for
           Debt
           or
           Damages
           (
           or
           any
           thing
           thereunto
           relating
           )
           two
           hundred
           and
           fourteen
           years
           after
           the
           Norman
           Conquest
           ,
           which
           now
           is
           inflicted
           ,
           upon
           many
           thousands
           of
           His
           Majesties
           Good
           ,
           Loyal
           ,
           and
           Faithful
           Subjects
           ,
           to
           the
           utter
           ruine
           of
           them
           ,
           their
           Families
           ,
           and
           Relations
           ,
           whilst
           those
           (
           who
           have
           lined
           their
           Iron
           Consciences
           ,
           with
           nothing
           but
           their
           profit
           ,
           and
           their
           Chests
           throughout
           ,
           with
           the
           Wealth
           of
           the
           Kingdome
           ,
           (
           which
           they
           have
           gotten
           by
           the
           late
           unhappy
           differences
           and
           troubles
           )
           smile
           to
           see
           those
           ,
           who
           have
           sacrificed
           their
           Bloods
           ,
           nay
           themselves
           ,
           and
           theirs
           ,
           in
           and
           to
           His
           Majesties
           faithful
           Services
           )
           〈◊〉
           up
           (
           by
           many
           of
           them
           )
           in
           disconsolate
           and
           loathsome
           Prisons
           ,
           and
           thereby
           made
           useless
           nothings
           ,
           to
           the
           World
           and
           themselves
           .
           Whereas
           ,
           (
           if
           we
           cast
           our
           eyes
           back
           ,
           into
           the
           Reigns
           of
           the
           Saxon
           Kings
           ,
           we
           shall
           find
           ,
           that
           (
           those
           Martial
           ,
           Wise
           ,
           and
           Wary
           Princes
           )
           King
           Ina
           ,
           King
           Echelston
           ,
           and
           after
           them
           ,
           all
           the
           Saxon
           Kings
           ,
           (
           according
           to
           the
           ancient
           British
           Laws
           )
           were
           so
           very
           tender
           of
           the
           Imprisonment
           of
           Mens
           persons
           ,
           that
           they
           did
           not
           punish
           their
           very
           Bond-Men
           with
           it
           .
           And
           King
           Alfrede
           ,
           displaced
           and
           Imprisoned
           one
           of
           his
           Judges
           ,
           for
           daring
           so
           to
           do
           ,
           and
           (
           when
           the
           Government
           devolved
           ,
           and
           came
           to
           the
           
             Normans
             )
             William
          
           the
           Conqueror
           ,
           
             William
             Rufus
          
           ,
           and
           Henry
           the
           First
           ,
           took
           such
           exact
           care
           to
           preserve
           this
           liberty
           ,
           un-infringed
           ,
           that
           (
           in
           their
           Reigns
           )
           not
           any
           person
           was
           Imprisoned
           ,
           (
           although
           for
           mortal
           crime
           
           it self
           )
           unless
           he
           were
           first
           attainted
           ,
           upon
           the
           Verdict
           of
           twelve
           Men.
           And
           (
           additional
           to
           all
           this
           )
           many
           ages
           after
           the
           Conquest
           (
           by
           the
           ancient
           Common
           Law
           )
           the
           Writ
           
             de
             Odio
             &
             Atia
          
           ,
           was
           given
           to
           a
           Man
           that
           was
           Imprisoned
           ,
           although
           for
           an
           hainous
           Crime
           ,
           (
           for
           the
           death
           ,
           of
           a
           Man
           )
           yet
           the
           Law
           (
           in
           that
           golden
           age
           )
           in
           favor
           ,
           and
           out
           of
           an
           high
           esteem
           it
           had
           of
           the
           Liberty
           of
           a
           Man
           ,
           and
           that
           his
           Body
           should
           not
           be
           detained
           in
           Prison
           ,
           until
           the
           Justices
           in
           Eyre
           should
           come
           )
           he
           might
           sue
           out
           this
           Writ
           ,
           directed
           to
           the
           Sheriff
           ;
           and
           although
           the
           offence
           (
           for
           which
           he
           was
           committed
           )
           was
           not
           baylable
           by
           Law
           )
           yet
           the
           ancient
           Common
           Law
           ,
           did
           so
           highly
           hate
           and
           abominate
           ,
           the
           long
           Imprisonments
           of
           Men
           ,
           that
           it
           gave
           him
           this
           Writ
           for
           his
           relief
           ,
           which
           appears
           by
           Bracton
           ,
           in
           his
           third
           Book
           ,
           fol.
           121.
           and
           by
           Fleta
           ,
           in
           his
           first
           Book
           ,
           Chap.
           14.
           
           And
           with
           whom
           also
           Glanvell
           agreeth
           ,
           in
           his
           forteenth
           Book
           ,
           Chap.
           3.
           
           And
           the
           
             Myrror
             of
             Iustice
          
           (
           a
           Book
           of
           great
           Antiquity
           and
           Estimation
           in
           the
           Law
           ,
           as
           well
           as
           the
           Books
           before
           cited
           )
           Chap.
           5.
           
           Sect.
           1.
           complains
           of
           the
           Imprisonment
           of
           Mens
           Persons
           ,
           as
           an
           abuse
           ,
           although
           it
           had
           been
           for
           breaking
           of
           a
           Goal
           .
           Now
           ,
           for
           that
           it
           is
           clear
           as
           the
           light
           ,
           how
           highly
           valuable
           ,
           and
           dearly
           precious
           ,
           the
           Liberties
           of
           Mens
           persons
           were
           (
           by
           the
           Common
           Law
           of
           the
           Land
           )
           it
           is
           (
           in
           most
           humble
           and
           submissive
           manner
           )
           proposed
           ,
           that
           (
           as
           well
           for
           the
           general
           good
           of
           all
           His
           Majesties
           Subjects
           ,
           as
           for
           Prisoners
           )
           the
           antient
           Common
           Law
           may
           be
           restored
           ,
           and
           that
           great
           Liberty
           of
           the
           Freedome
           of
           all
           the
           Subjects
           of
           England
           and
           Wales
           ,
           from
           Imprisonment
           (
           for
           Debt
           or
           Damages
           )
           may
           (
           by
           the
           Grace
           and
           Favor
           of
           His
           Majesty
           ,
           and
           of
           both
           His
           Honorable
           Houses
           of
           Parliament
           )
           be
           again
           retreived
           ,
           and
           brought
           back
           with
           Honor
           ,
           to
           the
           people
           of
           this
           Kingdome
           ;
           and
           that
           the
           ancient
           forms
           and
           ways
           for
           recovery
           of
           Debts
           ,
           may
           be
           (
           as
           for
           several
           hundred
           of
           years
           it
           was
           )
           by
           Original
           Writ
           ,
           
             distress
             infinite
             ,
             Fieri
             facias
          
           ,
           and
           
             Levari
             facias
          
           ;
           and
           as
           (
           by
           the
           ancient
           Common
           Law
           )
           it
           continued
           (
           with
           great
           and
           happy
           peace
           and
           tranquillity
           )
           for
           such
           great
           length
           of
           time
           as
           aforesaid
           .
           And
           certainly
           great
           reason
           it
           is
           ,
           that
           it
           should
           be
           so
           ,
           all
           Debts
           and
           Damages
           being
           to
           be
           properly
           had
           out
           of
           the
           Estate
           of
           the
           Debtor
           ,
           and
           not
           his
           Person
           .
           It
           is
           said
           ,
           by
           the
           Lord
           Chief
           Justice
           Coke
           ,
           in
           his
           third
           Report
           ,
           fol.
           11
           ,
           12.
           that
           the
           Common
           Law
           hath
           ,
           and
           had
           its
           foundation
           laid
           and
           built
           ,
           upon
           the
           true
           grounds
           of
           Reason
           ,
           and
           that
           being
           granted
           ,
           (
           as
           of
           necessity
           it
           must
           )
           then
           it
           will
           consequentially
           follow
           ,
           that
           it
           were
           an
           Act
           of
           as
           much
           Honor
           ,
           as
           Justice
           ,
           to
           restore
           to
           the
           people
           of
           England
           ,
           the
           possession
           of
           the
           Inheritance
           and
           birth
           rights
           ,
           which
           they
           all
           have
           in
           ,
           and
           to
           
           the
           ancient
           Common
           Laws
           of
           England
           ,
           and
           of
           which
           they
           have
           so
           long
           and
           unhappily
           been
           diseised
           ,
           who
           indeed
           have
           too
           long
           already
           groaned
           under
           the
           very
           miserable
           alteration
           thereof
           ,
           by
           such
           the
           Imprisonment
           of
           Men
           as
           aforesaid
           .
           And
           indeed
           ,
           the
           very
           large
           ,
           vast
           ,
           and
           sufficiently
           known
           great
           Prudence
           ,
           truly
           wise
           Apprehensions
           ,
           and
           Princely
           compassion
           of
           His
           late
           Majesty
           ,
           (
           of
           ever
           precious
           and
           glorious
           memory
           (
           now
           in
           Heaven
           )
           towards
           his
           Subjects
           )
           were
           such
           ,
           that
           it
           is
           eminently
           known
           ,
           (
           that
           had
           not
           the
           unhappy
           eruption
           ,
           of
           the
           late
           Civil
           War
           ,
           prevented
           it
           )
           the
           bent
           of
           his
           full
           resolutions
           were
           ,
           to
           have
           intimated
           his
           recommends
           to
           the
           Parliament
           ,
           for
           the
           discharge
           of
           all
           Prisoners
           for
           Debt
           or
           Damages
           ,
           and
           the
           absolute
           taking
           away
           of
           all
           Arrests
           and
           Outlawries
           ,
           upon
           some
           reasonable
           compensation
           ,
           to
           be
           made
           for
           the
           emoluments
           that
           thereby
           came
           to
           his
           Crown
           ,
           which
           was
           then
           hoped
           would
           have
           gone
           under
           no
           great
           difficulty
           ,
           to
           have
           been
           done
           ,
           and
           is
           now
           (
           with
           as
           great
           facility
           and
           ease
           ,
           (
           as
           is
           conceived
           )
           by
           the
           Wisdome
           of
           the
           Parliament
           )
           to
           receive
           a
           full
           and
           perfect
           consummation
           ;
           and
           as
           his
           said
           late
           Royal
           Majesty
           was
           pleased
           to
           say
           ,
           (
           in
           the
           Court
           of
           the
           Highest
           Injustice
           ,
           the
           Christian
           World
           ever
           knew
           )
           that
           he
           thought
           he
           understood
           the
           Laws
           of
           England
           ,
           as
           well
           as
           any
           Gentleman
           of
           his
           Kingdome
           ,
           (
           whose
           profession
           it
           was
           not
           )
           so
           (
           by
           this
           intentional
           Act
           of
           his
           (
           had
           it
           succeeded
           )
           he
           had
           made
           it
           fully
           and
           clearly
           evident
           ,
           to
           all
           his
           people
           ,
           that
           (
           by
           restoring
           the
           antient
           known
           Law
           of
           the
           Land
           herein
           )
           to
           its
           pristine
           and
           original
           just
           strength
           ,
           and
           vertue
           )
           he
           would
           thereby
           ,
           as
           well
           have
           compelled
           their
           ignorance
           to
           understand
           ,
           with
           how
           great
           and
           profound
           knowledge
           ,
           (
           in
           the
           very
           antient
           Laws
           of
           the
           Kingdome
           ,
           as
           the
           more
           modern
           )
           he
           was
           largely
           and
           plentifully
           furnisht
           ,
           as
           by
           his
           un-enthrawling
           ,
           new
           and
           fresh
           enfranchising
           his
           Subjects
           herein
           ,
           and
           by
           calling
           them
           ,
           (
           and
           his
           and
           their
           ancient
           Laws
           )
           out
           of
           the
           dark
           Caves
           and
           Dens
           of
           Prisons
           ,
           (
           where
           for
           so
           great
           length
           of
           time
           )
           they
           had
           lain
           Sepulchred
           together
           .
           And
           truly
           it
           is
           a
           Solicisme
           ,
           that
           may
           be
           justly
           thought
           on
           ,
           that
           the
           Law
           which
           is
           so
           kind
           and
           merciful
           to
           my
           Horse
           ,
           as
           to
           take
           provisional
           care
           for
           a
           Replevin
           to
           inlarge
           him
           ,
           ,
           and
           yet
           that
           I
           my self
           ,
           should
           be
           reteined
           indurance
           ,
           under
           a
           perishing
           condition
           ,
           nay
           and
           without
           as
           much
           as
           any
           difinitive
           time
           (
           by
           Law
           )
           set
           for
           my
           releasement
           ,
           and
           for
           years
           ,
           that
           may
           tell
           steps
           ,
           to
           the
           last
           stand
           of
           my
           life
           ,
           there
           to
           melt
           and
           burn
           out
           my
           time
           ,
           by
           a
           kind
           of
           every
           days
           death
           .
           And
           I
           can
           (
           in
           no
           sort
           )
           doubt
           ,
           but
           that
           Wise
           and
           Prudent
           Men
           ,
           will
           seriously
           ,
           and
           deliberately
           perpend
           and
           consider
           (
           as
           elsewhere
           I
           have
           said
           )
           that
           this
           is
           the
           case
           of
           almost
           every
           English
           Subject
           ,
           for
           (
           let
           him
           be
           crammed
           with
           
           never
           so
           much
           Wealth
           ,
           (
           yet
           he
           knows
           not
           ,
           (
           nor
           is
           it
           possible
           for
           him
           to
           know
           or
           foresee
           )
           how
           soon
           he
           may
           be
           in
           a
           Prison
           himself
           ,
           or
           if
           not
           himself
           ,
           yet
           his
           Widdow
           ,
           Child
           ,
           or
           Children
           ,
           near
           and
           dear
           Relations
           ,
           Kinred
           ,
           or
           intimate
           Friends
           .
           And
           notwithstanding
           all
           this
           ,
           if
           it
           shall
           be
           thought
           too
           great
           a
           boone
           ,
           that
           all
           Imprisonments
           for
           Debt
           or
           Damages
           ,
           should
           (
           now
           and
           for
           ever
           hereafter
           )
           be
           taken
           totally
           away
           ,
           and
           the
           blessed
           antient
           Laws
           of
           England
           ,
           be
           thereby
           fully
           and
           happily
           restored
           ,
           to
           all
           persons
           in
           general
           (
           as
           is
           hoped
           and
           desired
           it
           may
           be
           )
           it
           is
           then
           humbly
           recommended
           ,
           to
           a
           serious
           and
           deliberate
           digestion
           ,
           that
           (
           taking
           into
           due
           consideration
           ,
           the
           late
           direful
           miseries
           ,
           which
           (
           like
           raging
           and
           tempestuous
           Waves
           )
           have
           (
           one
           in
           the
           neck
           of
           another
           )
           rowl'd
           in
           upon
           those
           that
           are
           now
           in
           Prison
           ,
           and
           their
           Estates
           ,
           by
           the
           several
           great
           and
           calamitous
           Judgments
           of
           the
           late
           Civil
           War
           ,
           Plague
           ,
           Fire
           ,
           and
           Dutch
           War
           )
           if
           it
           may
           not
           come
           within
           a
           just
           and
           conscientious
           commiseration
           ,
           to
           free
           and
           discharge
           all
           such
           as
           are
           now
           Prisoners
           ,
           in
           the
           several
           Prisons
           of
           England
           and
           Wales
           ,
           from
           their
           Imprisonments
           ;
           and
           yet
           notwithstanding
           (
           such
           their
           discharge
           )
           that
           their
           Creditors
           may
           have
           their
           just
           and
           antient
           Remedies
           ,
           such
           as
           by
           the
           antient
           Common
           Law
           ,
           they
           might
           have
           had
           ,
           for
           recovery
           of
           their
           Debts
           ,
           out
           of
           such
           Prisoners
           real
           and
           personal
           Estates
           ,
           by
           such
           way
           and
           means
           ,
           as
           the
           same
           antient
           Law
           prescribes
           ,
           and
           as
           (
           herein
           before
           is
           set
           forth
           and
           declared
           ;
           which
           most
           modest
           Proposal
           ,
           being
           only
           on
           the
           behalf
           of
           such
           ,
           as
           are
           now
           Prisoners
           ;
           and
           being
           not
           proposed
           as
           a
           standing
           Act
           to
           continue
           ,
           and
           discharge
           Prisoners
           in
           future
           )
           is
           hoped
           ,
           will
           find
           a
           gentle
           and
           smooth
           passage
           ,
           to
           its
           desired
           end
           .
           But
           if
           this
           must
           be
           also
           thought
           an
           Act
           of
           Grace
           ,
           too
           large
           ,
           yet
           certainly
           it
           cannot
           be
           apprehended
           ,
           less
           than
           a
           perfectly
           honest
           ,
           and
           truly
           conscientious
           offer
           (
           in
           lieu
           of
           their
           being
           dischardged
           from
           their
           Imprisonments
           )
           to
           be
           ready
           and
           willing
           to
           part
           with
           all
           their
           Estates
           ,
           both
           real
           and
           personal
           ,
           for
           the
           satisfaction
           of
           all
           their
           Creditors
           ;
           and
           not
           only
           to
           submit
           themselves
           ,
           but
           any
           Witness
           or
           Witnesses
           ,
           to
           be
           examined
           upon
           Oath
           ,
           for
           the
           true
           discovery
           thereof
           ,
           and
           that
           (
           for
           such
           only
           )
           as
           are
           now
           Prisoners
           ,
           and
           no
           other
           as
           aforesaid
           ,
           which
           if
           it
           be
           not
           )
           an
           equal
           ,
           purely
           fair
           ,
           and
           just
           proposal
           )
           I
           leave
           any
           impartial
           and
           unbyast
           person
           to
           judge
           .
           For
           the
           perfecting
           of
           which
           ,
           a
           Bill
           ,
           preparatory
           to
           an
           Act
           of
           Parliament
           is
           drawn
           ,
           and
           humbly
           desired
           (
           by
           many
           thousands
           of
           Prisoners
           that
           the
           same
           may
           pass
           ,
           or
           some
           such
           other
           ,
           (
           for
           their
           Relief
           and
           Releasement
           ,
           as
           to
           the
           Wisdome
           of
           the
           Parliament
           ,
           shall
           seem
           more
           apposite
           and
           convenient
           .
           And
           if
           the
           meanest
           sort
           of
           Prisoners
           ,
           (
           that
           could
           not
           pay
           any
           thing
           at
           all
           ,
           towards
           the
           satisfaction
           
           of
           their
           Creditors
           (
           did
           by
           Vertue
           of
           the
           ten
           pound
           Act
           )
           come
           so
           far
           under
           the
           just
           and
           merciful
           consideration
           of
           the
           Parliament
           ,
           as
           to
           be
           freed
           from
           their
           Imprisonments
           )
           certainly
           such
           Prisoners
           as
           can
           pay
           some
           part
           of
           their
           Debts
           ,
           and
           are
           ready
           and
           willing
           ,
           to
           part
           with
           all
           their
           Estates
           ,
           both
           Real
           and
           Personal
           ,
           that
           so
           a
           proportionable
           Divident
           may
           be
           made
           thereof
           ,
           to
           and
           amongst
           all
           their
           Creditors
           )
           do
           hope
           they
           may
           (
           with
           much
           more
           reason
           )
           have
           leave
           to
           think
           themselves
           ,
           as
           well
           obliged
           to
           believe
           ,
           as
           to
           desire
           )
           that
           they
           may
           (
           by
           His
           Majesty
           ,
           and
           both
           His
           Houses
           of
           Parliament
           )
           be
           freed
           from
           their
           Imprisonments
           ,
           before
           the
           remainder
           of
           their
           Estates
           be
           totally
           swallowed
           up
           ,
           by
           the
           Fees
           ,
           and
           other
           the
           inevitable
           great
           charges
           of
           a
           Prison
           ,
           and
           they
           thereby
           be
           put
           into
           the
           same
           low
           and
           deplorable
           condition
           ,
           together
           with
           those
           who
           took
           the
           benefit
           of
           that
           Act
           ;
           by
           means
           of
           which
           ,
           their
           Creditors
           will
           inevitably
           loose
           their
           Debts
           ,
           and
           such
           Prisoner
           ,
           and
           his
           ,
           be
           reduced
           to
           extremity
           of
           want
           ,
           and
           the
           Kingdome
           unfurnisht
           and
           deprived
           of
           very
           many
           persons
           ,
           whose
           endowments
           are
           sublim'd
           ,
           and
           heightned
           with
           so
           great
           natural
           and
           acquired
           parts
           ,
           as
           may
           speak
           them
           as
           advantageously
           useful
           to
           their
           King
           and
           Countrey
           ,
           as
           any
           other
           of
           their
           fellow
           Subjects
           ,
           (
           very
           few
           excepted
           )
           many
           of
           whose
           liberal
           and
           ingenious
           useful
           Excellencies
           ,
           deserve
           much
           rather
           to
           be
           cherisht
           and
           encouraged
           ,
           then
           deprest
           ;
           And
           shall
           our
           great
           and
           gracious
           Monarch
           ,
           and
           his
           greatest
           Council
           ,
           think
           it
           too
           much
           ,
           that
           (
           after
           all
           the
           before
           mentioned
           Judgments
           ,
           which
           have
           been
           so
           iterated
           ,
           and
           repeated
           upon
           such
           Prisoners
           ,
           and
           which
           have
           merged
           and
           sunk
           their
           (
           sometime
           flourishing
           Estates
           )
           that
           they
           should
           (
           now
           at
           length
           )
           be
           discharged
           from
           their
           Imprisonments
           ,
           but
           that
           they
           should
           for
           ever
           remain
           so
           buried
           ,
           without
           a
           resurrection
           ,
           from
           the
           Dead
           ,
           Death
           ,
           and
           Grave
           ,
           they
           are
           in
           ,
           and
           under
           ,
           whilst
           their
           deprest
           parts
           ,
           are
           even
           starved
           and
           stifled
           in
           a
           Prison
           ,
           and
           yet
           (
           in
           the
           condition
           they
           now
           stand
           )
           are
           left
           fit
           only
           to
           have
           the
           remainder
           of
           what
           is
           theirs
           ,
           pluckt
           and
           rent
           from
           them
           ,
           and
           not
           in
           the
           least
           capacity
           to
           help
           themselves
           nor
           their
           Creditors
           ?
           and
           all
           this
           ,
           not
           only
           to
           satisfie
           the
           appetites
           of
           their
           obstinately
           resolved
           Creditors
           ,
           whose
           Money
           such
           Prisoners
           (
           out
           of
           pure
           necessity
           )
           are
           compelled
           to
           spend
           ,
           but
           to
           suffer
           under
           ,
           be
           wyre-drawn
           ,
           squeezed
           ,
           and
           run
           down
           ,
           by
           the
           subtilties
           and
           variety
           of
           Frauds
           ,
           even
           of
           such
           who
           have
           been
           intimately
           ,
           and
           beneficially
           acquainted
           with
           their
           often
           repeated
           kindnesses
           ,
           in
           the
           light
           and
           shine
           of
           their
           prosperities
           ;
           and
           truly
           ,
           since
           thousands
           of
           known
           great
           ,
           and
           grievous
           Offenders
           ,
           (
           by
           His
           Majesty
           ,
           and
           His
           happy
           Parliaments
           Mercy
           ,
           made
           a
           large
           and
           plentiful
           Meal
           ,
           on
           the
           Viands
           
           of
           His
           and
           their
           gracious
           compassion
           ,
           whose
           Carcases
           otherwise
           ,
           must
           (
           by
           the
           known
           rule
           of
           Justice
           )
           have
           fed
           the
           Fire
           and
           Birds
           of
           prey
           )
           it
           goes
           under
           ,
           not
           only
           more
           than
           probable
           hopes
           ,
           but
           a
           becoming
           confidence
           ,
           That
           all
           His
           Majesties
           good
           Subjects
           ,
           that
           are
           now
           indurance
           ,
           in
           any
           Prison
           of
           England
           and
           Wales
           ,
           for
           Debt
           or
           Damages
           ,
           or
           any
           thing
           thereunto
           relating
           ,
           or
           at
           least
           all
           such
           as
           will
           ,
           so
           as
           aforesaid
           ,
           part
           with
           all
           their
           Estates
           ,
           both
           real
           and
           personal
           ,
           for
           the
           satisfaction
           of
           their
           Creditors
           ,
           and
           such
           as
           are
           so
           in
           Prison
           ,
           and
           have
           not
           Estates
           of
           the
           value
           of
           ten
           pounds
           )
           may
           be
           participants
           of
           His
           Majesties
           ,
           and
           His
           Parliaments
           gracious
           and
           serene
           compassion
           ,
           according
           to
           the
           said
           Bill
           so
           drawn
           as
           aforesaid
           ,
           for
           that
           purpose
           ,
           or
           by
           such
           other
           Act
           ,
           Way
           ,
           or
           Means
           ,
           as
           may
           best
           sute
           and
           agree
           with
           their
           great
           Wisdomes
           ,
           which
           is
           ,
           by
           very
           great
           numbers
           of
           Prisoners
           for
           Debt
           (
           now
           fastned
           〈◊〉
           to
           the
           several
           Prisons
           of
           England
           ,
           in
           diminution
           ,
           lessening
           ,
           and
           even
           degrading
           of
           the
           Antient
           ,
           Famous
           ,
           and
           Renowned
           Laws
           thereof
           )
           with
           all
           Humility
           ,
           Duty
           ,
           and
           Obedience
           ,
           not
           only
           Recommended
           ,
           and
           Presented
           ,
           but
           (
           at
           their
           feet
           )
           most
           humbly
           submitted
           ,
           prostrated
           ,
           and
           laid
           down
           ,
        
         
           
             And
             with
             the
             same
             most
             Humble
             and
             Dutiful
             Obedience
             ,
             of
             a
             truly
             Loyal
             and
             Faithful
             Subject
             WILLIAM
             COLE
             .
          
        
      
       
         
         
         
           A
           SVMMARY
           or
           COMPENDIVM
           OF
           The
           ACT
           before-mentioned
           ,
           FOR
           PRISONERS
           That
           will
           part
           with
           all
           their
           ESTATES
           ,
           both
           Real
           and
           Personal
           ,
           for
           the
           Satisfaction
           of
           their
           CREDITORS
           .
        
         
           THat
           it
           may
           be
           lawful
           for
           the
           Lord
           Chancellor
           ,
           or
           Lord
           Keeper
           for
           the
           time
           being
           (
           upon
           Request
           to
           him
           by
           such
           Prisoner
           to
           be
           made
           )
           to
           issue
           out
           Commissions
           ,
           to
           be
           directed
           to
           such
           Persons
           as
           shall
           be
           thought
           fit
           ,
           authorizing
           them
           ,
           (
           or
           any
           three
           or
           more
           of
           them
           )
           in
           their
           respective
           Counties
           )
           to
           Summon
           and
           send
           for
           the
           Creditors
           of
           all
           such
           person
           and
           persons
           ,
           as
           now
           is
           ,
           or
           are
           in
           prison
           (
           or
           at
           any
           time
           during
           this
           Session
           of
           Parliament
           )
           shall
           be
           in
           Prison
           in
           any
           of
           the
           Prisons
           in
           England
           ,
           and
           Wales
           ,
           upon
           any
           Action
           or
           Actions
           upon
           Measne
           Process
           for
           Debt
           ,
           Accounts
           or
           Trespass
           ;
           which
           actions
           by
           a
           prosecution
           of
           Law
           ,
           may
           come
           to
           be
           Judgements
           for
           Debts
           or
           Damages
           ;
           or
           that
           have
           Judgements
           entered
           of
           Record
           against
           them
           ,
           or
           charged
           in
           Execution
           ,
           or
           imprisoned
           upon
           Attachments
           for
           Debts
           or
           upon
           Outlawries
           before
           or
           after
           Judgements
           for
           Debt
           ;
           or
           upon
           Statutes
           ,
           Recognizances
           ,
           Extents
           ,
           or
           upon
           any
           other
           Action
           ,
           or
           any
           other
           Process
           whatsoever
           ,
           issuing
           out
           of
           any
           Court
           of
           Law
           ,
           or
           Equity
           ,
           for
           the
           cause
           of
           Debt
           or
           Damages
           or
           Costs
           ,
           or
           for
           Money
           ordered
           or
           decreed
           in
           any
           Court
           of
           Equity
           ,
           at
           the
           suit
           of
           any
           person
           or
           persons
           whatsoever
           ,
           or
           upon
           or
           by
           reason
           of
           any
           Process
           issuing
           upon
           them
           ,
           any
           or
           either
           of
           them
           respectively
           ;
           as
           well
           those
           persons
           ,
           for
           whose
           Debt
           and
           Debts
           the
           said
           Prisoner
           and
           Prisoners
           is
           ,
           and
           are
           imprisoned
           ;
           as
           all
           other
           person
           and
           persons
           ,
           to
           whom
           such
           Prisoner
           and
           Prisoners
           is
           ,
           or
           stands
           indebted
           :
           As
           also
           to
           send
           for
           such
           Prisoner
           or
           Prisoners
           ,
           by
           Summons
           ,
           to
           come
           before
           them
           ;
           which
           Summons
           the
           Prison-Keepers
           are
           to
           obey
           ,
           upon
           the
           penalty
           of
           100
           l.
           And
           (
           at
           the
           same
           time
           )
           to
           certify
           the
           Cause
           and
           Causes
           of
           such
           Prisoners
           imprisonment
           .
           And
           the
           Commissioners
           (
           after
           the
           examination
           of
           such
           Prisoner
           )
           are
           to
           Remand
           him
           to
           Prison
           .
        
         
         
           That
           if
           such
           Creditor
           be
           dead
           ,
           an
           Infant
           ,
           or
           of
           Non-sane
           memory
           ,
           then
           to
           summon
           the
           Executors
           ,
           Administrators
           ,
           or
           Guardian
           of
           such
           Creditor
           ;
           Requiring
           also
           such
           Prison-keeper
           ,
           to
           bring
           such
           Prisoner
           to
           such
           place
           as
           the
           Commissioners
           shall
           appoint
           ,
           where
           the
           said
           Commissioners
           shal
           Treat
           with
           such
           Creditors
           ,
           touching
           their
           Debts
           ;
           that
           so
           a
           proportionable
           distribution
           may
           be
           to
           them
           made
           ,
           of
           the
           said
           Prisoners
           Estate
           (
           the
           Apparell
           of
           such
           Prisoner
           ,
           and
           also
           necessaries
           for
           his
           Trade
           excepted
           out
           of
           his
           personal
           Estate
           .
           )
        
         
           That
           if
           any
           of
           the
           Creditors
           shall
           refuse
           or
           neglect
           to
           come
           before
           the
           said
           Commissioners
           (
           or
           some
           for
           them
           ,
           )
           having
           had
           twenty
           days
           notice
           inclusive
           and
           Oath
           made
           thereof
           )
           the
           said
           Commissioners
           to
           be
           impowered
           to
           finish
           such
           alottment
           ,
           such
           Creditors
           absence
           notwithstanding
           .
        
         
           That
           the
           said
           Commissioners
           be
           impowered
           to
           examine
           the
           said
           Prisoner
           upon
           Oath
           ,
           for
           the
           discovery
           of
           his
           Estate
           ,
           and
           to
           send
           for
           such
           Books
           ,
           Evidences
           ,
           and
           Writings
           ,
           as
           they
           think
           fit
           ,
           and
           to
           examine
           Witnesses
           upon
           Oath
           ,
           to
           the
           end
           ,
           that
           they
           may
           make
           a
           true
           discovery
           of
           the
           Prisoners
           Estate
           ,
           which
           is
           so
           to
           be
           done
           ,
           within
           six
           Kalender
           months
           after
           their
           first
           sitting
           ,
           or
           sooner
           if
           it
           may
           be
           .
        
         
           That
           the
           said
           Commissioners
           be
           authorized
           to
           apportion
           all
           such
           Estate
           amongst
           the
           Creditors
           proportionably
           ,
           by
           sale
           of
           the
           Estate
           ,
           or
           otherwise
           ;
           which
           sale
           ,
           or
           other
           disposition
           shall
           be
           good
           against
           the
           Prisoner's
           Heirs
           ,
           Executors
           ,
           &c.
           and
           to
           be
           divided
           within
           three
           months
           after
           the
           end
           of
           the
           said
           six
           months
           (
           or
           sooner
           if
           it
           can
           be
           done
           )
           And
           that
           the
           said
           Commissioners
           be
           impowered
           to
           assign
           the
           Debts
           and
           Estate
           of
           such
           Prisoner
           to
           such
           Persons
           as
           they
           shall
           think
           fit
           ,
           for
           the
           use
           of
           the
           Creditors
           ,
           a
           twentieth
           part
           (
           so
           to
           be
           sold
           )
           to
           be
           allotted
           to
           the
           Prisoner
           ,
           for
           present
           maintainance
           ,
           and
           for
           some
           small
           foundation
           for
           future
           living
           .
        
         
           That
           Mortgages
           shall
           be
           first
           payed
           by
           the
           Estate
           so
           Mortgaged
           .
        
         
           That
           (
           after
           the
           apportioning
           of
           such
           Prisoners
           Estate
           )
           the
           Prisoner
           shall
           be
           discharged
           ;
           and
           that
           such
           part
           of
           the
           Prisoners
           Estate
           as
           shall
           be
           allotted
           to
           the
           Creditors
           shall
           be
           in
           full
           satisfaction
           of
           such
           Creditors
           Debt
           .
        
         
           That
           such
           Creditors
           as
           shall
           not
           appear
           before
           the
           said
           Commissioners
           (
           or
           some
           for
           them
           )
           before
           such
           Divident
           be
           made
           (
           having
           had
           such
           notice
           as
           aforesaid
           ,
           and
           Oath
           made
           thereof
           )
           shall
           be
           utterly
           ,
           and
           for
           ever
           ,
           precluded
           from
           the
           recovering
           of
           his
           said
           Debt
           ,
           against
           the
           said
           Prisoner
           his
           Executors
           ,
           &c.
           
        
         
           That
           a
           Writing
           under
           the
           Hands
           and
           Seals
           of
           the
           Commissioners
           (
           expressing
           the
           discharge
           of
           such
           Prisoner
           )
           shall
           be
           a
           full
           Discharge
           to
           him
           against
           his
           Creditors
           ,
           and
           another
           Writing
           ,
           (
           signifying
           such
           Prisoners
           Discharge
           )
           directed
           to
           the
           Prison-keeper
           shall
           be
           a
           sufficient
           Warrant
           for
           him
           to
           discharge
           such
           Prisoner
           ;
           which
           he
           is
           to
           do
           within
           two
           days
           ,
           without
           payment
           of
           any
           Fees
           ;
           but
           the
           Prisoners
           Chamber-rent
           is
           to
           be
           paid
           out
           of
           the
           Estate
           so
           to
           be
           sold
           ,
           or
           so
           much
           thereof
           as
           the
           Commissioners
           shall
           think
           fit
           .
        
         
           That
           if
           any
           Action
           of
           Escape
           shall
           be
           brought
           against
           the
           Prison-keeper
           (
           for
           the
           discharging
           of
           such
           Prisoner
           )
           he
           may
           plead
           the
           general
           Issue
           ,
           and
           give
           this
           Act
           in
           Evidence
           ;
           and
           if
           the
           Plaintiff
           shall
           be
           Non-suted
           ,
           or
           a
           Verdict
           shall
           pass
           against
           him
           ,
           he
           is
           to
           pay
           the
           Defendant
           double
           Costs
           to
           be
           Taxed
           by
           the
           Court
           ,
           where
           the
           Action
           shall
           be
           brought
           .
        
         
           That
           for
           the
           expediting
           the
           sale
           ,
           and
           other
           the
           disposition
           of
           such
           Prisoners
           Estate
           (
           in
           order
           to
           the
           satisfaction
           of
           his
           Creditors
           )
           without
           whose
           personal
           aid
           and
           assistance
           ,
           it
           will
           be
           of
           far
           the
           greater
           difficulty
           for
           the
           Commissioners
           to
           expedite
           and
           execute
           the
           same
           )
           it
           be
           lawful
           for
           the
           Lord
           Chancellor
           or
           Lord
           Keeper
           (
           for
           the
           time
           being
           )
           from
           ,
           and
           immediately
           after
           the
           remanding
           of
           such
           Prisoner
           to
           Prison
           by
           the
           said
           Commissioners
           )
           to
           grant
           unto
           such
           Prisoner
           a
           
             Habeas
             Corpus
          
           ,
           or
           Habeas
           Corpus's
           for
           such
           length
           of
           time
           ,
           as
           he
           shall
           think
           necessary
           and
           conveneint
           in
           that
           behalf
           ;
           to
           the
           end
           that
           such
           
           Prisoner
           may
           be
           in
           a
           condition
           personally
           to
           attend
           the
           said
           Commissioners
           ;
           and
           to
           be
           otherwise
           instrumental
           in
           giving
           of
           a
           speedy
           dispatch
           to
           the
           Sale
           ,
           and
           Disposal
           of
           his
           Estate
           ,
           as
           aforesaid
           .
        
         
           Provided
           ,
           That
           if
           any
           Prisoner
           shall
           set
           forth
           to
           the
           said
           Commissioners
           ,
           or
           to
           any
           three
           ,
           or
           more
           of
           them
           ,
           as
           aforesaid
           ,
           the
           Debt
           of
           any
           Creditor
           of
           his
           that
           is
           beyond
           the
           Seas
           ,
           to
           be
           less
           than
           in
           truth
           the
           same
           is
           ,
           such
           Prisoner
           shall
           thereby
           forfeit
           and
           lose
           the
           benefit
           of
           this
           Act
           ,
           (
           as
           to
           such
           Creditor
           ,
           and
           every
           such
           Creditor
           ,
           his
           Executors
           ,
           Administrators
           and
           Assigns
           ,
           making
           his
           Debt
           to
           appear
           to
           be
           more
           than
           such
           Prisoner
           shall
           have
           declared
           the
           same
           to
           be
           before
           the
           said
           Commissioners
           ,
           such
           Creditor
           is
           hereby
           impowred
           and
           authorized
           again
           to
           proceed
           and
           take
           the
           said
           Prisoner
           in
           Execution
           ,
           and
           thereupon
           to
           imprison
           him
           ,
           or
           otherwise
           to
           prosecute
           him
           at
           Law
           ,
           or
           in
           Equity
           ,
           as
           to
           him
           shall
           seem
           best
           ;
           or
           to
           indict
           and
           prosecute
           him
           at
           the
           Common
           Law
           ,
           for
           breach
           of
           his
           Oath
           ,
           or
           upon
           any
           Statute
           or
           Statutes
           made
           against
           Perjury
           :
           This
           Act
           ,
           or
           any
           thing
           herein
           contained
           to
           the
           contrary
           thereof
           in
           any
           wise
           notwithstanding
           .
        
         
           
             Objection
             .
          
           
             To
             these
             Heads
             of
             a
             Bill
             ,
             perhaps
             there
             may
             be
             several
             Objections
             :
             As
             first
             ,
             That
             (
             in
             what
             is
             here
             proposed
             for
             a
             Bill
             )
             there
             is
             no
             provision
             ,
             that
             (
             in
             case
             the
             Prisoner
             happen
             to
             have
             an
             Estate
             after
             he
             is
             discharged
             )
             that
             such
             Estate
             shall
             be
             Subject
             to
             his
             Debts
             .
          
        
         
           
             Answer
             .
          
           
             To
             which
             is
             answered
             ,
             That
             the
             Prisoner
             (
             parting
             with
             all
             his
             Estate
             voluntarily
             ,
             it
             will
             seem
             very
             severe
             ,
             that
             he
             should
             not
             be
             capable
             of
             a
             Legacy
             ,
             or
             other
             Gift
             from
             any
             Friend
             and
             Relation
             ,
             but
             that
             it
             must
             (
             of
             necessity
             be
             (
             upon
             the
             matter
             )
             devised
             or
             given
             to
             his
             Cerditors
             .
             Or
             that
             he
             ,
             (
             who
             by
             remaining
             in
             prison
             )
             could
             never
             (
             in
             the
             least
             )
             have
             advantaged
             his
             Creditors
             ,
             yet
             (
             being
             discharged
             and
             at
             liberty
             )
             all
             his
             labours
             should
             be
             exposed
             to
             his
             Creditors
             mercy
             .
          
        
         
           
             Objection
             .
          
           
             Secondly
             ,
             (
             And
             which
             is
             a
             very
             great
             objection
             )
             That
             by
             the
             heads
             of
             this
             Bill
             (
             although
             Mortgages
             are
             to
             be
             paid
             first
             )
             yet
             Judgements
             ,
             Statutes
             ,
             and
             Recognizances
             are
             thereby
             but
             in
             the
             same
             degree
             with
             Bonds
             ,
             and
             to
             be
             paid
             equally
             ,
             although
             the
             Law
             gives
             them
             a
             priority
             in
             payment
             .
          
        
         
           
             Answer
             .
          
           
             To
             which
             it
             is
             answered
             ,
             That
             (
             in
             this
             case
             )
             if
             a
             Judgement
             ,
             Statute
             or
             Recognizance
             ,
             should
             (
             according
             to
             the
             rule
             of
             Law
             )
             be
             paid
             before
             Bonds
             ,
             then
             (
             as
             this
             Case
             is
             )
             there
             cannot
             be
             (
             as
             it
             may
             fall
             out
             )
             a
             proportionable
             Divident
             of
             the
             Estate
             ,
             nor
             indeed
             any
             Divident
             at
             all
             ;
             for
             one
             Judgement
             ,
             Statute
             or
             Recognizance
             may
             swallow
             up
             the
             whole
             Estate
             ;
             besides
             ,
             it
             is
             plain
             ,
             that
             (
             by
             the
             Statute
             made
             against
             Bankrupts
             )
             Judgements
             ,
             Statutes
             ,
             and
             Recognizances
             ,
             are
             equally
             ,
             and
             proportionably
             paid
             with
             Bonds
             ,
             and
             no
             otherwise
             ;
             so
             that
             (
             in
             that
             case
             )
             they
             are
             (
             
               in
               pari
               gradu
            
             )
             with
             Bonds
             and
             o●her
             Debts
             ;
             and
             may
             much
             rather
             so
             be
             in
             this
             case
             than
             in
             the
             Statute
             of
             Banckrupt
             ,
             especially
             considering
             ,
             that
             this
             is
             not
             a
             standing
             Act
             ,
             but
             for
             the
             discharge
             of
             such
             only
             ,
             as
             are
             now
             in
             Prison
             ,
             begotten
             out
             of
             the
             several
             fatal
             accidents
             which
             have
             happened
             in
             this
             age
             more
             than
             in
             any
             former
             ;
             by
             means
             whereof
             ,
             many
             thousands
             (
             more
             then
             formerly
             )
             are
             now
             clasp'd
             ,
             and
             shut
             up
             in
             prisons
             .
          
        
         
           
           
             Objection
             .
          
           
             Thirdly
             ▪
             That
             the
             Proviso
             ,
             that
             the
             Prisoners
             shall
             have
             a
             twentieth
             part
             of
             his
             Estate
             ,
             for
             his
             present
             maintainance
             ,
             may
             seem
             unequal
             ,
             in
             regard
             (
             as
             hath
             been
             urged
             )
             That
             then
             a
             Tradesman
             (
             or
             any
             other
             in
             credit
             )
             may
             get
             twenty
             thousand
             pounds
             into
             his
             hands
             ,
             and
             then
             go
             into
             a
             Prison
             ,
             and
             be
             sure
             of
             One
             thousand
             pounds
             .
             Next
             ,
             That
             (
             in
             regard
             his
             whole
             Estate
             will
             not
             pay
             his
             debts
             ,
             without
             abatement
             )
             it
             is
             not
             reasonable
             that
             he
             should
             have
             a
             twentieth
             part
             .
          
        
         
           
             Answer
             .
          
           
             To
             which
             it
             is
             answered
             ,
             That
             if
             there
             shall
             be
             any
             one
             such
             person
             as
             would
             ,
             or
             could
             designedly
             ,
             (
             to
             gain
             1000
             l.
             )
             get
             twenty
             thousand
             pounds
             into
             his
             hands
             ,
             the
             which
             (
             upon
             a
             due
             and
             deliberate
             consideration
             of
             the
             thing
             )
             is
             not
             easily
             to
             be
             imagined
             ,
             ever
             will
             or
             can
             be
             done
             )
             yet
             the
             villany
             of
             one
             Man
             (
             it
             is
             hoped
             )
             shall
             not
             be
             put
             into
             the
             Ballance
             ,
             with
             the
             good
             of
             many
             hundreds
             .
             Next
             (
             it
             's
             true
             )
             it
             may
             seem
             hard
             that
             the
             Prisoner
             should
             have
             any
             thing
             out
             of
             his
             Estate
             ,
             when
             all
             will
             not
             pay
             his
             debts
             ;
             and
             it
             is
             equally
             as
             hard
             ,
             and
             harder
             ,
             that
             (
             after
             he
             hath
             spontaneousl●●evested
             himself
             of
             hi●
             Estate
             )
             he
             should
             be
             turned
             naked
             into
             the
             World
             ,
             without
             any
             thing
             at
             all
             to
             give
             him
             a
             present
             support
             ,
             or
             some
             small
             foundation
             for
             future
             living
             .
          
           
             That
             if
             due
             consideration
             be
             had
             of
             this
             intended
             Act
             or
             (
             if
             not
             of
             this
             )
             if
             care
             be
             taken
             for
             passing
             such
             another
             Act
             ,
             as
             may
             effectually
             operate
             to
             the
             same
             purpose
             ,
             it
             will
             be
             found
             to
             be
             a
             great
             good
             ,
             and
             weighty
             work
             ,
             although
             some
             persons
             (
             of
             whom
             better
             things
             might
             justly
             be
             expected
             )
             little
             regard
             or
             consider
             it
             ;
             for
             it
             is
             of
             such
             consequence
             ,
             to
             relieve
             the
             oppressed
             ,
             to
             study
             ,
             and
             effect
             such
             works
             of
             Piety
             and
             Charity
             ,
             as
             concerns
             all
             the
             Prisoners
             and
             Prisons
             of
             England
             and
             Wales
             ,
             that
             it
             will
             (
             as
             is
             hoped
             )
             deserve
             some
             of
             the
             
               oleum
               &
               opera
            
             ,
             of
             every
             good
             Patriot
             that
             loves
             his
             Countrey
             to
             whom
             it
             is
             seriously
             recommended
             ,
             by
             this
             (
             or
             some
             such
             other
             Act
             )
             to
             perfect
             a
             work
             (
             although
             with
             difficulty
             and
             pains
             )
             so
             incumbent
             upon
             all
             person
             of
             spacious
             and
             publick
             Souls
             ;
             especialy
             weighing
             ,
             that
             not
             any
             former
             age
             hath
             left
             a
             trace
             ,
             or
             memory
             ,
             suitable
             to
             the
             great
             variety
             of
             sufferings
             as
             in
             this
             .
          
        
         
           FINIS
           .