AN ACT For Discharging from IMPRISONMENT Poor Prisoners, Unable to satisfy their CREDITORS.  
Die Veneris, 21 Decembr. 1649.  
ORdered by the Parliament, That this Act be forthwith printed and published.  
Hen: Scobell, Cleric. Parliamenti.  
London, Printed by John Field for Edward Husband, Printer to the Parliament of England. 1649.   

An Act for dischargeing from Imprisonment poor Prisoners, unable to satisfy their Creditors.  
BE it Enacted by this present Parliament, and by the Authority thereof, That if any person who is, or shall be on the 21 of Decemb. One thousand six hundred forty and nine, in Prison in any County, City, Town or place, within England, the Dominion of Wales, or the Town of Berwick upon Tweed, upon any Execution, or any other Process, where the cause of Action was originally for Debt, or for breach of Promise, Contract or Covenant, shall by his Petition desire any justice of Peace of the County, City, Town or place, wherein he is so Imprisoned, to make a warrant in the nature of a Habeas Corpus cum causa, under his Hand and Seal, to the Sheriff, Goaler, or Keeper of the said Prison, to bring without delay the body of the same Prisoner, and return the cause or causes of his Imprisonment before him, to the intent that the said justice of Peace may administer unto the said Prisoner, the Oath herein after mentioned; That then the said justice of Peace, upon such Petition so made, shall be authorized and enjoined by this present Act, forthwith to make a warrant under his hand and Seal, in the nature of a Writ of Habeas Corpus cum causa, to the said Sheriff, Goaler, or Keeper of such Prisoner, returnable at a short day than next following, according to the distance of the place, to bring the Body of the said Prisoner, and to return the cause or causes of his Imprisonment before him; And if upon the return of the said Warrant in the nature of a Writ of Habeas Corpus cum Causa, it shall appear that the said Prisoner is in Prison for any the causes aforesaid, at the Suit of one or more person or persons, upon any Execution or Executions, or other Process, That then the said justice of Peace, upon the request of the said Prisoner, shall and is hereby authorized to administer to the said Prisoner this Oath; viz. Mutatis mutandis in respect of the person or persons so taking the same,  
THat Bona side he or she is not worth in Possession, Reversion or Remainder of any Estate real or personal, except only the Debts due to him or them from the Parliament, for the service of the Commonwealth, to the value of five pounds, besides necessary wearing Apparel, and Bedding for himself, wife and children, and Tools necessary for his Trade or Occupation, not exceeding the value of Five pounds; and hath not directly or indirectly sold, leased, or otherwise conveyed or entrusted his or her Estate, or any part thereof, thereby to expect any profit, benefit or advantage, or to deceive or defraud his Creditors.  
And upon the said Prisoners taking or refusing to take the said Oath, The said justice of Peace is hereby required and enjoined, to remand the Body of the said Prisoner to the Prison from whence he came; And in case the said Prisoner shall take the said Oath, Then the said justice of Peace shall without delay, by writing under his Hand and Seal, make Certificate or Certificates, as well of the said Prisoners taking of the said Oath, together with the time and place of the taking thereof, as of the said warrant in the nature of a Habeas Corpus, with the return thereof, unto the Court or Courts from whence the Process or Processes of Execution or Executions issued upon which such prisoner was imprisoned: And upon return of the said Certificate or Certificates into the Court or Courts aforesaid, the judges of the said Court or Courts are hereby authorized, enabled and required thereupon, to issue out, or cause to be issued out, four days of course, under the Seal or Seals of the said Court or Courts (at the suit of the said Prisoner) one or more Writ or Writs of Scire facias, with a Non omittas propter aliquam libertatem, grounded upon the said Certificate or Certificates (every of the said Writs to have thirty days at the least between the Teste and the return thereof) directed to the Sheriff or Sheriffs of any county, or any Major or Bailiff of any City, Borough or Town Corporate in England or Wales, wherein the party or parties (upon whose Action, Suit or Prosecution the said Prisoner is imprisoned) or his or their Executors or Administrators, or some of them respectively shall be supposed to be dwelling, and thereby to command the same Sheriff or Shetiffs; Bailiff, or any other Officer authorized by the Law, to give fourteen days warning at the least before the return of the said Writ or Writs, to the person of such person or persons, at or upon whose Action, Suit or Prosecution the said Prisoner is imprisoned, or to his or their Executors or Administrators, or some of them respectively, in case he or they, or some of them respectively may be found; and in case be or they, or some of them respectively cannot be found, then to leave a writing under his hand and seal, at the least fourteen days before the return of the said Writ or Writs, at the dwelling place or places of him, them, or some of them respectively, therein reciting the said Writ or Writs, and thereby requiring him or them to appear in the same Court or Courts, at the day and place in the said Writ or Writs limited, to show cause, according to the purport of the said Writ or Writs, wherefore the said Prisoner shall not be enlarged out of Prison according to this Act; whereupon the Sheriff or Sheriffs, or any other legal Officer, shall make his or their return or returns of his do therein accordingly; and if the said Sheriff or Sheriffs, or any other legal Officer shall return, that he hath warned the said person or persons, or left such writing or warning at his or their dwelling place or places, according to the command of the said Writ or Writs; and if the person or persons so warned, or for whom such writing of warning shall be left to appear as is aforesaid, shall not at the day or days of the return of the same Writ or Writs appear in person, or by his or their Attorney or Attorneys, or shall appear and confess the surmise of the said Writ or Writs to be true, or if he or they after such appearance, shall plead nothing in Bar of the said Writ or Writs, and the surmise therein contained, or shall not plead thereunto as hereafter is directed and expressed, Then and in such case, the said Court or Courts shall, and are hereby enabled and authorized to give judgement by Confession, nihil dicit non lum informatus, or otherwise as is usual in like cases, for the enlarging and discharging the said Prisoner out of Prison, and thereupon to award a Writ unto the Keeper of the said Prisoner for his enlargement and discharge accordingly: And in case the said person or persons so warned, or for whom such warning shall be left as aforesaid, shall appear upon the return of the said Writ or Writs, than he or they shall not plead any thing to hinder the enlargement of the said Prisoner, other than that the said Prisoner hath a greater Estate real or personal then is expressed in his said Oath; or that the said Prisoner hath directly or indirectly conveyed or entrusted his or their Estate, or some part thereof, expecting to have some benefit or advantage, or to deceive or defraud his Creditors; or that the said Prisoner hath been in Arms against the Parliament of England, or hath adhered to the Forces raised against the same: And if he or they shall plead unto the same, That the said Prisoner hath a greater Estate real or personal then is expressed in his said Oath; or that the said Prisoner hath directly or indirectly conveyed or entrusted his or their Estate, or some part thereof, expecting to have some benefit or advantage, or to deceive or defraud his or her Creditors; or that the said Prisoner hath been in Arms against the Parliament of England, or hath adhered unto the forces raised against the same, Then the said prisoner by his Attorney shall thereunto reply, and take issue thereupon; and if by verdict of twelve men it shall be found for the prisoner, than the said Court shall give judgement for the enlarging and discharging of the said Prisoner out of Prison, and thereupon award a Writ unto the Keeper of the said Prisoner for his enlargement and discharge accordingly; but in case the said Verdict shall be found against the Prisoner, than the said Prisoner shall remain and continue in Prison, in Execution or otherwise, as formerly he did, and as if this Act had never been had or made. Provided always, and be it further Enacted by the Authority aforesaid, That all and every such Prisoner and Prisoners as shall desire the benefit of this Act, shall be admitted by virtue of this Act, to sue out and prosecute all and every the said Writs, Warrants, Returns and Proceed beforementioned, in forma pauperis. Provided also, and be it further Enacted by the Authority aforesaid, That notwithstanding the discharge of the person of such Prisoner as is aforesaid, all and every such judgement had or taken against him, shall be, and stand good and effectual in the Law, to all intents and purposes, against the Lands, Tenements and hereditaments, Goods and Chattels of the said Prisoner or Prisoners so discharged as aforesaid, and that it shall and may be lawful, to and for every Creditor of such Prisoner or Prisoners so discharged as aforesaid, his Executors, Administrators or Assigns, to take out any new Execution against the Lands, Tenements, Hereditaments, Goods and Chattels of such Prisoner or Prisoners this wearing Apparel, Bedding for him and his and Tools necessary for his Trade and Occupation, not exceeding the value of Five pounds only excepted) for the satisfaction of his or their said debt, in such fort, manner and form as he or they might have done, if the person or persons of such prisoner or prisoners had never been taken in execution, Any thing in this Act, or any Law, Statute, Ordinance or Usage to the contrary in any wise notwithstanding. Provided also, and be it further Enacted by the Authority aforesaid, That if at any time within seven years after the taking of the said Oath, the said prisoner or prisoners shall upon any Indictment or Indictments, be convicted by his or their own confession, or by verdict of twelve men, of false swearing in any point or article contained in the said Oath, as he or they shall or may be by force of this Act, Then such prisoner or prisoners so convicted as aforesaid, shall suffer all such pains and forfeitures, as by the Statute of Quinto of Queen Elizabeth are to be inflicted upon any person convicted of wilful perjury: And also the said Court or Courts by which he or they were discharged, shall award a Capias ad ’ satisfaciend infinite, or other Process directed to any Sheriff or Sheriffs, for the apprehending of the said prisoner; and upon the return of a Cepi Corpus, the said Court shall remand the said Prisoner unto the prison from whence he was dismissed, there to remain in Execution, in such manner and condition as he was before his said enlargement: And then and from thenceforth he shall be adjudged to be in Execution, as fully as if he had never been discharged thereof; and the Execution and Executions upon his Lands, Tenements, Hereditaments, Goods and Chattels, if any such shall happen to be after his or their said discharge out of prison, and before he shall be so remanded, shall stand also good and effectual in Law, Any Law, Custom or Usage to the contrary in any wise notwithstanding.  
Hen: Scobel, Cleric, Parliamenti.   

Die Veneris, 21 Decemb. 1649.  

The RATES of the EXCIZE or NEW-IMPOST, Set and imposed by Parliament on the several Commodities Imported, hereafter mentioned, to be Paid and Collected from the 21 day of December, 1649.   l. s. d. Resolved upon the Question by the Parliament, THat all Tobacco which is not of English Plantations, as well already Imported, having not paid Excize, as hereafter to be Imported, shall pay per pound weight Two shillings Excize, to be paid by the first Buyer thereof from the Merchant or Importer 00 02 00 Resolved, etc. That all Tobacco of the English Plantations, as well already Imported, not having paid Excize, as hereafter to be Imported in English Ships or Vessels, shall pay Four pence per pound weight, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 04 Resolved, etc. That all Tobacco of the English Plantations, as well already imported, which hath not paid Excize, as hereafter to be imported in Foreign Ships or Vessels, shall pay Six pence per pound weight, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 06 Resolved, etc. That all Pepper, as well already Imported into this Nation immediately from India, which hath not paid the Excize, as which shall hereafter be Imported immediately from India, shall pay Three pence in the pound weight for Excize, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 03 Resolved, etc. That all Pepper, as well already Imported, not immediately brought from India, which hath not paid Excize, as that shall hereafter be Imported, being not immediately brought from India, shall pay Four pence per pound weight for Excize, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 04 Resolved, etc. That all Refined Sugars double or single in the loaf, as well already Imported, which hath not paid Excize, as which shall be hereafter Imported, shall pay per pound weight Six pence, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 06 Resolved, etc. That all White Sugars of the growth of English Plantations, as well which are already Imported, not having paid the Excize, as which shall hereafter be Imported, shall pay per pound weight Three pence, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 03 Resolved, etc. That all other Sugars, under Whites, from English Plantations, as well which are already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay per pound weight Two pence, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 02 Resolved, etc. That all White Sugars from other places, as well which are already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay per pound weight Three pence half penny, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 03 ½ Resolved, etc. That all other Sugars, under Whites, as well Muscovadoes as others, which come from other places, as well already Imported, not having paid Ezcize, as which shall hereafter be Imported, shall pay per pound weight Two pence half penny, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 02 ½ Resolved, etc. That all Candy white Sugar, as well which are already Imported, not having paid Ezcize, as which shall hereafter be Imported, shall pay per pound weight for Excize Eight pence, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 08 Resolved, etc. That all Candy brown Sugar, as well which are already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay per pound weight for Excize Six pence, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 06 Resolved, etc. That all other Grocerywares not herein formerly mentioned, as well which are already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay after the Rate of Five pounds per Cent. according to the values set upon them in the Book of Rates of Merchandizes, to be paid by the first Buyer thereof from the Merchant or Importer 05 00 00 per Cent. Resolved, etc. That all Drugs, as well already Imported, not having paid the Excize, as which shall hereafter be Imported, shall pay after the Rate of Five pounds per Cent. according to the values set upon them in the said Book of Rates, to be paid by the first Buyer thereof from the Merchant or Importer 05 00 00 per Cent. Resolved, etc. That all Mercery Wares, as well which are already Imported, not having paid the Excize, as which shall hereafter be Imported, shall pay after the Rate of Seven pounds ten shillings per Cent. according to the values set upon them in the said Book of Rates, to be paid by the first Buyer thereof from the Merchant or Importer 07 10 00 per Cent. Resolved, etc. That all raw Silk, as well which are already Imported, not having paid the Excize, as which shall hereafter be Imported, shall pay after the Rate of Five pounds per Cent. according to the values set upon them in the said Book of Rates; to be paid by the first Buyer thereof from the Merchant or Importer 05 00 00 per Cent. Resolved, etc. That all Silks in the Gums ready thrown, as well which are already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay after the Rate of Seven pounds ten shillings per Cent. according to the values set upon them in the said Book of Rates, to be paid by the first Buyer thereof from the Merchant or Importer 07 10 00 per Cent. Resolved, etc. That all other Silks died, as well which are already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay after the Rate of Seven pounds ten shillings per Cent. according to the values set upon them in the said Book of Rates, to be paid by the first Buyer thereof from the Merchant or Importer 07 10 00 per Cent. Resolved, etc. That all Saltery Wares, as well which are already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay after the Rate of Seven pounds ten shillings per Cent. according to the values set upon them in the said Book of Rates, to be paid by the first Buyer thereof from the Merchant or Importer 07 10 00 per Cent. Resolved, etc. That all Linen fine and course, as well already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay after the Rate of Five pounds per Cent. according to the values set upon them in the said Book of Rates, to be paid by the first Buyer thereof from the Merchant or Importer 05 00 00 per Cent. Resolved, etc. That all Upholstry, Haberdashery, Soap, Paper, Skins, Leather, Glasses, and Earthen Ware, as well already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay after the Rate of Five pounds per Cent. according to the values set upon them in the said Book of Rates, to be paid by the first Buyer thereof from the Merchant or Importer 05 00 00 per Cent. Resolved, etc. That all Spirits Imported, made of French Wines, called Brandwine, as well which are already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay after the Rate of Four pence per Gallon, to be paid by the first Buyer thereof from the Merchant or Importer 00 00 04 Resolved, etc. That all foreign Spirits and domestic, fraudulently sold in stead of Aquavitae or Strong-water, shall pay One shilling per Gallon 00 01 00 Resolved, etc. That all Strong-waters perfectly made, as well already Imported, not having paid Excize, as which shall hereafter be Imported, shall pay after the Rate of One shilling per Gallon, to be paid by the first Buyer thereof from the Merchant or Importer 00 01 00 Resolved, etc. That for every Tun of Wines, as well already Imported, not having paid the Excize, as which hereafter shall be Imported, shall be paid Five pounds for Excize, and so after that Rate for a greater or lesser quantity, the same to be paid by the first Buyer thereof from the Merchant or Importer 05 00 00 Resolved, etc. That all foreign Salt, as well already Imported, which hath not paid Excize, as which shall be hereafter Imported, shall pay Three half pence upon every Gallon, to be paid by the first Buyer of such Salt 00 00 01 ½ Resolved, etc. That all Salt made or to be made, within England, Wales, or Town of Berwick, which is or shall be shipped or conveyed by water, shall pay One half penny upon every Gallon, to be paid by the first Buyer of such Salt, at the place of landing or unloading thereof 00 00 00 ½ Resolved, etc. That all other Salt made or to be made within England, Wales, or Town of Berwick, and not shipped or conveyed by water, shall pay One half penny upon every Gallon, to be paid by the first Buyer of such Salt, upon the first delivery thereof 00 00 00 ½ Resolved, etc. That all Salt upon Salt that is made of Salt within England, Wales, or Town of Berwick, which hath once paid Excize, shall pay One farthing upon every Gallon, to be paid by the Maker of such Salt upon Salt, before such time as the same shall be put to sale 00 00 00 ¼ Resolved, etc. That no Salt expended upon Fishing shall be liable to this Excize 00 00 00 Resolved, etc. That all other Goods and Merchandizes (except Bullion, Corn, Victual, Arms, Ammunition, and Spanish Wools) as well which are already Imported, not having paid Excize, as which shall hereafter be Imported, which are not by any of the Votes abovesaid to be chargeable with the Excize (other than such Goods and Merchandizes as shall hereafter by Parliament be charged with Excize) shall pay after the rate of Five pounds per cent. to be paid by the first Buyer thereof from the Merchant or Importer 05 00 00 per Cent. Resolved, etc. That all other Goods and Merchandizes to be Imported, upon which no values are set in the Book of Rates, shall pay Five pounds per cent. to be paid by the first Buyer thereof from the Merchant or Importer 05 00 00 per Cent.  
Resolved, etc. That the Commissioners of Excize, and their Sub-Commissioners and Officers, shall Collect, Receive, and take the Excize and Impost set and rated upon the Goods and Merchandizes above mentioned, and no other Excize or Impost upon the sa●d Goods and Merchandizes.  
Resolved, etc. That the several Votes abovesaid, touching the Excize, be forthwith Printed and Published, and that the same be sent to the Commissioners for Excize, an● that they, and all Sub-Commissioners, and all other Officers and Ministers of the Excize under them, be authorized and enjoined to put the same in Execution forthwith, an● to Collect and gather the Excize according to the said Votes, and according to their former Powers, and under the pains and penalties expressed in the former Ordinances an● Acts of Parliament, touching the Excize and New-Impost.   

Die Veneris, 21 Decembr. 1649.  
ORdered by the Parliament, That these Votes be forthwith printed and published  
Hen: Scobell, Cleric. Parliamenti.   

London, Printed by John Field for Edward Husband, Printed to the Parliament of England, 1649.