PROPOSALS FOR AN ACT For prevention of the great trouble and charge which the honest people of this Nation, have been put to; by wrongful Arrests and Im●risonments, and for preserving them from such Arrests (being upon feigned great Actions) at the suit of divers to whom they have owed nothing.  
And also for ANOTHER ACT For the taking away the great trouble and charge, which the people or this Nation have been put to; by Sheriffs, Bailiffs, Sergeants, etc. to procure Arrests and Appearances of their Debtors, etc. in order to the more speedy satisfying of Creditors;  
For the saving to the people of this Nation, between 4 and 500000. pounds yearly, part of the 1500000. pounds, formerly proposed to be so saved yearly, mentioned in the Proposals for Creditors and Prisoners.  
With a short explanation in particular, how those 300000. pounds, and more, by these Proposals for Creditors and Prisoners, will be saved.  
Offered to the same consideration, as those for Creditors and Prisoners are.  
By Will. Leach of the Middle Temple Gent.  
LONDON Printed by F. Leach, and are to be sold by Laurence Blaicklock within Yemple-Bar. June 25   


Proposals for an Act, for prevention of great trouble and charge, which the honest people of this Nation have been pu● to; by wrongful Arrests, etc.  
FOrasmuch as divers people of this Nation, of late years have been Arrested and Imprisoned upon divers Process and Precepts issuing out of Corporation Courts, etc. where they have been Strangers, and there detained, until they have made great Fines, or paid great sums of money, to their malicious, deceitful, and unjust Pros●cutors and Persecutors (though such people so Arrested, have owe● nothing at all to such Prosecutors or Persecutors) or otherwise, to release some great sums of money or lawful demands, which they owed to such persons Arrested; before any Pledges found, or any summons or attachment awarded, executed and returned, against such pe●sons arrested, contrary to the ancient Laws of this Nation.  
For prevention whereof, it is proposed to be desired to Be Enacted 
 THat no person or persons whatsoever, shall make, or sue out, or cause, or willingly permit or suffer in his name, to be made or sued out, any Writ, Warrant, or Precept, out of any Corporation Court, or etc. upon any action, bill, or plaint, or, etc. until the Party Plaintiff in such action, bill, or plaint, hath or shall first put in or file his bill, plaint, or information; as large as he will stand to the same, without alteration or amendment afterwards, in any matter of substance; And hath or shall find pledges to prosecute the same, the one so to be found, to be of the value in estate of the Debt or Demand in such bill or plaint, or of some other value to be thought convenient in that behalf, upon and under pain and penalty, that such person or persons, so making or suing out, or causing, or willingly permitting or suffering in his name to be made or sued out, any such writ, warrant, or precept, shall lose and forfeit to, and pay to the party grieved thereby, some certain sum of Money, to be thought convenient in that behalf to be recovered by action of debt, etc. in which, etc. And that such pledges may be liable to pay such costs as shall be given against such Plaintiff, in such action, bill, plaint, or information, And that such Defendant may have execution for the same against such Pledges.  

Proposal for Prouisoes to be in such Act.  
Provided, That if any such Plaintiff hath, or shall have, any debt owing to him by any, who goeth about or intendeth to departed this Nation, or absent or hid himself, or usually abide in places privileged, or so called, or secretly to hid or convey away his Estate Goods or Chattals.  
And that such Plaintiff or some credible person or persons for him, shall make oath in writing, before any Justice of the peace, or etc. and they be empowered and compelled to take the same; that such person oweth to such Plaintiff some certain debt duty or demand, or that he was damnified by such person to some certain value or sum of money, and that such person had given out in speeches, that he or etc. would or intended, & did go about to departed this Nation, or absent or hid himself, or etc. or that he, or &c. did secretly absent or hid him or etc. self from any his, or etc. Creditors or Demandants, or usually abide in places privileged, or so called, or convey away his, or &c. goods, or chattals, to the intent to defraud any.  
That then process may be made out by any Officer (having such Affidavit delivered him to keep) to arrest or attach the person, against or concerning whom such oath is or shall be made, for such demand only as is or shall be mentioned in such Affidavit.  
Or that such Plaintiff may proceed, according as hath been used by foreign attachment in London (being a beneficial custom approved of for many years, and no inconveniency found thereby) and that every Judge, Justice, etc. Sheriff or Steward, so may proceed as in such attachment against the goods and Chattals of, and Debts owing to, such Defendant.    

Proposals to take away the great trouble and charge, which the people of this Nation have been put to; to procure Arrests and Appearances, etc.  
WHereas Creditors of late years have been at more trouble and charges then formerly, to the value of all or a great part of many debts and demands etc. to cause their Debtors to appear, or to have them arrested, by reason of their removing secretly of their goods from one County to another, or from one Town to another, and absenting themselves to, and hiding themselves in, at several times, sometimes in one County or Town, and at other times in an other, whereby their Creditors could not, nor have been at any time, at any certainty where to find them, nor procure any the public Officers for such affairs to come to the view or knowledge of such Debtors, without continual waiting and attending on such Officers by themselves, to their great trouble, charge; and hindrance in their callings, or by their servants or agents, to their great trouble & charge and long attendance, and sometimes such Debtors have continued in one privileged place as they have claimed it, and at another time in an other, in a very chargeable manner, and there wasted and consumed their means by divers lewd and wicked courses until many of such Debtors by so hiding themselves and abiding, and living in excess and riot; have undone themselves, their wives, and children, and disabled themselves to satisfy their Creditors their just debts and demands, which otherwise they might in some measure have contented, or compounded with, to their liking.  
And whereas divers Sheriffs, when they have had process brought them against such parties so hiding themselves, etc. and Warrants required to special Bailiffs to arrest them, when upon former Writs such Sheriffs have returned that they were not to be found, such Sheriffs have been so prevailed with by rewards and otherwise, by such fugitive persons, that such Sheriffs have denied to make Warrants against such persons, (sometime pretending that they have had executions against them, when they have had none) and sometime pretending one dilatory excuse, and sometimes another (though such Sheriffs usually grant and make Warrants against divers honest and sufficient men, for small and trivial occasions.)  
And many times when Warrants have been granted out, against such fugitive persons, to Bailiffs, Sergeants, etc. they would not arrest them without sums of money given them by the Plaintiffs, and the Plaintiffs or some for them attend upon such Bailiff, etc. to see arrests done; otherwise divers of them have taken rewards of such fugitive Defendants to spare such arrests.  
For prevention whereof, and for the more speedy satisfaction of Creditors, etc. desire that it may 
 Be Enacted, That process of Summons or Attachment by goods or chattals, or scir. fac. to summon, etc. the person, may be awarded and made out of any the four superior Courts at Westminster, and at as easy a rate in the one as in the other of them; and no more taken for any such process than hath been or shall be due, to summon, attach, or warn any Defendant to appear to any action or actions, which within these 30. years last passed, have or hath been usually brought or prosecuted in any such Court to summon or warn any Defendant in such process to appear in any such Court: And that upon every personal summons or warning returned by any such Sheriff into any such Court, the same may stand and be in the nature of an appearance in Law, for such Defendant, and that the Plaintiff in such action may proceed to judgement, against such Defendant thereupon if such Defendant doth not, nor shall plead to such action within— days next after such personal summons. And that in every such writ of summons there may be a precept, to such Sheriff, that if he cannot find goods or chattals, or the person of such Defendant, whereby to summon or attach him by his goods or chattals, or warn him personally within 15. day●, or some other time to be thought convenient in that behalf, next after such process delivered to such Sheriff or his Deputy or Deputies; (and he or they to whom the same shall be so delivered be in the County of such Sheriff, to whom such process is or shall be directed) that then such Sheriff or, etc. shall arrest, or cause to be arrested, the body of such Defendant, if he shall be found in etc. within 15. days, or some other time to be thought convenient in that behalf, next after such first 15. days expired, and shall make an entry upon such process, or in some book public to be seen, at the next County Court of such Sheriff for such his County, and by the space of 3. or 4. County Court days of the same County next after, for every Plaintiff, or any for him, or, etc. to view and see, whether or not such Sheriff had arrested, or caused to be arrested, or summoned or warned such Defendant, or that he was not to be found in, etc.  
And that (if such Sheriff, or, etc. had arrested or shall arrest such Defendant) such Sheriff shall return a cep. corpus, at the return of such process, into the Court from whence such process issued, or else be subject to such Plaintiff, to an action of debt, for the debt or demand in the said process.  
And that such return shall stand and be in the nature of an appearance in Law, and in such manner, as is before mentioned of the return of a personal summons or warning.  
And that if any (after Judgement had or obtained against him, and stand in force, without writ of error, attaint, or &c. brought to reverse the same) shall absent or hid himself, or, etc. by the space of— that then he may be proceeded against, as if he were prisoner etc. (summons being given to; or left for him, according as is mentioned in the Proposals for Prisoners and Creditors, at his house, or, etc. to join in Commission and elect Commissioners, etc.) against his; or, etc. person, and all his, or, etc. lands, tenements, goods, and Chattals.  
And that if such Sheriff shall nor make it appear, as is before mentioned, t at he had taken the body of such Defendant by the r me before mentioned, to be entered upon such process, or in such book, as before is mentioned or otherwise; That then at the request of the Plaintiff or his Attorney, a Writ shall or may be granted or made out of any such Court, from whence such process issued, to any person or persons especially by such Plaintiff or his Attorney to be elected, whereof one of such parties so to be elected, to be present at such arrest, to have, in lands or tenements, goods or chattalls, to the value of the Debt or Demand in such process, or of some other sum to be thought convenient in that behalf; or to be Coroner or Constable of, etc.  
And that after such arrest, such person or persons so elected, may have such party arrested to the Sheriff of the County, where such person shall be so arrested, his or their Deputy or Deputies, or Gaoler, and that such Sheriff, or, etc. shall be enabled and compelled (upon pain of an action of Debt, against such Sheriff for recovery of etc. for his &c. refusal thereof) to receive such person arrested, and detain him, or, etc. in custody until he or &c. shall find sureties for satisfying, what debt or damages shall be recovered against such person arrested, and to be enabled and compelled to take such security by way of recognizance in the name of the Party Plaintiff or Prosecutor, and to his use, and that such recognizance may have the full force of a Statute Merchant or of the Staple, and that the same may be returned with such process by such Sheriff, into the Court from whence such process issued, by which such arrest shall be made, at the day of the return of such process, upon pain that such Sheriff, taking such recognizance, shall be liable to such action of Debt, to such Plaintiff as before is mentioned; and that the next Justice of the Peace to the place where such arrest shall be, shall have power, and be compelled, to take and return such recognizance with such process (if such person arrested do or shall find and provide such sureties as such party Prosecutor shall like of) and that all bonds taken, by such Sheriffs, Justices etc. at any time upon any arrest or otherwise of any Defendants or his Sureties shall be taken in the same names, and in the same nature, and to the same intents before mentioned, and returned as before, upon and under the same penalty or pain.   


A short view of the particulars to be saved, for the benefit of the Commonwealth, by the Proposals formerly published for Prisoners and Creditors, etc.  The number of prisoners yearly in England and Wales, and as have been in Ireland, as divers conceive above 20000. The number of Prisoners early. 12000. Waster & consumed by them yearly. Proposed to be saved to the Commonwealth. yearly.   And as all, or most who have taken observation of such things, do esteem there be above 12000.    Estimated as is estimated. By some to so much more, And by Others double so much. Every of which Prisoners one with anothher, wasteth and spendeth yearly, above 30 li. which amounteth to 360000 li.  360000 li.    Of which is proposed to be yearly saved, for the benefit of the Commonwealth above 300000 l.   300000 li.   Besides for the prevention of frauds, which have been usually hatched in prisons, by long liars there, whereby divers have been totally defrauded of their just Debts and damages, amounting as is estimated by some to so much and by others double so much.    600000 li. 900000 li.  
The particulars by these proposals, For prevention of wrongful Arrests, and imprisonments, etc. and for saving the excessive charges of Arrests for just debts, now newly published, to be saved to the honest people of this Nation, are drawn ready to be published in convenient time;  
And that for the Proposals formerly published for Creditors, etc. be large, and are so drawn for the prevention of fraud in danger to happen, and for the perfect understanding of all the common people, how they have been wronged by permission of things to be acted, thereby proposed to be remedied, and for their certain understanding, how they may speedily, and at small charge he remedied, here followeth an abstract of the benefit for he Commonwealth Proposed by the Proposals before mentioned for Creditors etc.  


1. That all Creditors may have their due of and against all their Debtors and Prisoners out of all their Estates both real and personal of what Nature soever; &c that all Prisoners whatsoever (satisfying their Creditors rateably according to their abilities) may speedily be delivered out of prison, and not lie linger there in misery and extremity.  
2. That all Prisoners of ability may be compelled to discover the truth of their Estates to their Creditors, and out of the same to satisfy their Creditors, and not lie in prison wasting and spending in a riotous way among their keepers, and their agents, as much as would satisfy their Creditors.  
3. And that such as shall be found faulty in concealing or so wasting their Estates, should be taken from the prison where they so he rioting, and be put to some place straight to be held to work for the benefit of their Creditors; which course will cause those who usually contribute for such their Liberty and riotous and delicious maintenance and living, contribute more large to their Creditors to gain their favour for the liberty of such Prisoner.    
And because some destructive Proposals or Petitions have inconsiderately been often divulged and scattered abroad by some, this following Proviso to those former Proposals not perfectly expressed in the same, in regard three sheets of more ma eriall things were filled, and no space left to express at large provisions against such like inconsiderate Proposals thereof, this next following Proviso is now expressed more at large, for the more perfect understanding of the inconveniences which inevitably would happen, if such inconsiderate Petitions should be granted; which following Proviso is a full answer to, and discovery of, the mischiefs and inconveniences which would ensue upon those Petitions, with an Errata in some of the first former Proposals for Creditors, etc. to the intent that those who have any of them may amend the same for their perfect under standing thereof. Page 5. line 8. inter etc. and against, read there to except, p. 8. l. 13. inter Creditors and upon, read to an action of ejectment, and confess the ejectment and the outer, p. 21. l. 23. strike out prison, and read person, p. 28. l. 8. put our direction, and read discretion.  
4. And that such persons shall be so dealt with, as those so concealing or wasting their estates, which shall be found guilty of outrages, as may hemes, batteries, and other trespasses, conspiracies, scandals, etc. and such like; for if such outrageous persons should go free and be set at liberty out of prison, in regard of their poverty, by virtue of any new act of grace (as some inconsiderately have propounded and desired) then it's feared, that there will be no quiet in the nation, being divers outrageous persons of mean estate will then be apt and ready of their own mischievous and wicked intents, or by rewards or promises of reward, secretly given by some others, work and act such mischief for a very small reward or promise, so that by the permission thereof, outrageous persons so easily to be discharged out of Prison, honest men living by their handicraft art, or labour, by mayhemes, wounds, and such like, may be deprived of their livelihood, and divers men living by their credit by outrageous conspiracies and scandals may be deprived of their credits, and thereby utterly undone, and many other men besides may by such permission be put to excessive charge, and have their lives and estates brought into danger of losing, by mischievous actions of such outrageous and scandalous persons.    
FJNJS.