PROPOSITIONS 1. For Recording and registering of Deeds and Conveyances. For prevention of frauds and deceits in Sales; And quieting of possessions of Purchasers. 2. Judgments, Statutes, and other encumbrances upon Lands and Tenements. For prevention of frauds and deceits in Sales; And quieting of possessions of Purchasers. 3. For enabling Creditors to have the benefit of Copyhold, and entailed Lands and Tenements for their satisfaction. As far as may be conveyed by surrender, or cut off by Fine or common recovery; And of all Chattals Real, as well as personal. By William leech of the Middle-Temple, GENT. LONDON, Printed by W: H: and are to be sold by G: B: at his shop in Fleetstreet. 1651 1 Propos. Is for prevention of secret and fraudulent Deeds and Conveyances, &c. FOrasmuch as great numbers of secret, fraudulent Deeds and Conveyances, and other frauds and deceits have been of late years contrived, and more frequent practised then formerly( notwithstanding the good Act made and Enacted in the year of the reign of the late Queen Elizabeth of England, for prevention of the same) by many wicked people, selling their manors, messages, Lands, Tenements, Hereditaments, and other things; sometimes twice, other times thrice, four or five times over to several purchasers, for good and valuable consideration, whereby divers honest people of this Nation,( who have purchased the same Leases, Rents, Annuities or charges, out of the same, for great sums of money) have been defrauded of all that which they carefully and honestly have laboured for, the greatest part of their lives, and afterward lived in, great misery and extremity the residue of the continuance of their time. And other of such Purchasers by reason of such frauds and deceits, have been troubled and turmoiled, and put to great excessive charges and tedious Suits; and especially in the Courts of Chancery, or in Courts called Courts of Equity, or English Courts, many years together; and yet in the end, by the means aforesaid, have failed of recovery or obtaining that, for which they have justly and honestly paid, or any part of their money which they have disbursed in that behalf. For prevention whereof, it is proposed to be petitioned to the supreme Authority of this Nation, that it may BE ENACTED, That a true Copy of all and every dead, Indenture, bargain or sale, Lease, Gift, Grant, or other Conveyance( of all and every manors, messages, Lands or Tenements; or of Annuities, Rents, charges, or other encumbrances out of the same, for the space of some certain number of years to be thought convenient by the Supreme Authority of this Nation in that behalf) or an abstract of so much of such dead, Indenture, Bargain or Sale, Lease, Gift, Grant, or other conveyance: Whereupon less than the most usual Rent thereof shall be reserved, shall be made and delivered into the Keeper or Keepers of the Rolls, which are or have been, or some such Officer or Officers, by the Supreme Authority of this Nation, to be appointed, constituted or ordained in that behalf, of, and for every County, City, burrow, Town-Corporate, or Hundred, or division of such County; where such manors, messages, Lands or Tenements be, or shall be situate, lying or being within— weeks, or some time, by the Supreme Authority of this Nation, to be thought convenient in that behalf, next after Proclamation shall be made in such County, City, burrow, Town-Corporate, Hundred, or Division, of the sale of such manors, messages, Lands, Tenements, or Hereditaments, or, &c. to be made by him, her or them, who have, or shall have the immediate possession therof, or have received, perceived, or taken, or shall receive, perceive, or take the Rents, Issues or profits thereof, to his, her or their own use or uses quietly and peaceably, and had, or shall have any thing in the same, by the space of a year or some other time, by the Supreme Authority of this Nation to be thought convenient in that behalf next before such Proclamation so made, or to be made, and there the same Copy and Proclamation shall be fairly entred, of, or upon Record, in a good method, readily and speedily to be found; otherwise all and every dead and Deeds, Indenture and Indentures, bargain and bargains, Sale and Sales, and conveyances of any such manors, messages, Lands or Tenements, Hereditaments, Rents, Annuities or charges( though upon or for good and valuable consideration) shall be voided, invalid, and of none effect, against all, every, and any, who have purchased or obtained, or shall purchase or obtain any such manors, messages, Lands, Tenements, Hereditaments, Rents, Annuities or char●es, for good or valuable consideration; who shall first make, or cause to be made and entred such Copy and Proclamation as aforesaid. And that if the Record of the same Proclamation shall be sent to the Cities of London or Westminster, or some other one particular place( where the four superior Courts usually have been held at Westminster) shall be held, in time of sickness, or other contagion, or trouble in or about the said Cities of London or Westminster, there to be filled and entred in a book by an Officer( by the Supreme Court of Parliament to be ordained and constituted in that behalf.) And that every such Proclamation and Copy shall be fairly written on good parchment, and in a legible hand, and filled and kept together, for every such respective County, City, Town, Corporate, burrow, Hundred and Division, particular by itself, safely and( as near as can be) in as good a method, as Fines are and have been usually kept in the Fine-Office: And that a book or pie in an alphabetical manner shall be kept by every such Officer, for the ready and present finding of every such Proclamation and Copy( that is to say) the names of the said manors, messages, Lands, Tenements and Hereditaments in every of such respective County, City, burrow, Town-Corporate, Hundred or Division, by itself; and of the names of the Parties, to all and every such dead, Indenture, bargain, Sale, Gift or other conveyance; And that every such Officer upon receipt of every such Proclamation or Copy, shall examine and sign another Copy of the same to be tendered for that purpose, upon delivery of such Proclamation or Copy, and deliver the same to the party who shall first deliver in such Proclamation or Copy, requiring the same. And that if any Record of such Proclamation shall happen to be lost or perish, that then every such Officer( having the keeping thereof) shall cause Proclamation thereof to be made in the respective County, City, Town Corporate, burrow, Hundred or Division; where such manors, messages, Lands, Tenements and Hereditaments mentioned in such Proclamation shall be situate, lying or being; or otherwise forfeit such Office, and satisfy every party to be grieved, his, her or their damage and loss thereby to be sustained. And that such Officer shall freely new record every such Proclamation and Copy to be delivered to him within— next after such Proclamation, or some other time so to be thought convenient. And that every such Officer shall only take some competent sum of money, as by the Supreme Authority of this Nation shall be thought convenient in that behalf, for the recording, filing, pying or entering into a book, of every of such Proclamation or Copy, and for examination and signing of every such Copy, and for every search of every such thing. And that all and every person and persons, his, her, or their heirs, Executors or assigns, so causing such first Proclamati●n and Entry, and filing of such Copy, to be made and sent to the Superior place( after the same hath so there remained by the space of a year, or some other time, so to be thought convenient; and no lawful Entry made upon such manors, messages, Lands and Tenements, &c.) shall and may hold and enjoy all and singular the manors, messages, Lands, Tenements and Hereditaments, Rents and charges therein contained, according to the true intent and meaning of such Copy, without trouble or interruption. 1. PROVIDED, That no such Officer or Officers shall file, sign, or enter any Copy of any such dead, Indenture, bargain, Sale, Gift, Grant, Lease, or other conveyance or Cause, or willingly permit any such thing to be done; unless the same be acknowledged by the Party or parties to the same mentioned, to be therein Donors, bargainers, sellers, givers, granters, lessors or conveyors, before one of the Justices of one of the superior Courts at Westminster, or a Justice of the Peace( to be one of the chief of such County, City, or other particular place beforementioned) knowing such Party or parties to such dead, or other conveyances beforementioned, or testified by oath of two credible persons known to such Justiciar or Justices and the same to be put in writing in such Copy, so to be delivered to such Officer, under the hand-writing of such Justiciar or Justices, and such witnesses or credible persons. And that no such Officer, so to be constituted, to be at the Cities of London or Westminster, or other of the places beforementioned( in the time of sickness or, &c.) shall receive any such Proclamation or Copy of any other, then a known credible person or persons, to such Officer, and to be, or most commonly esteemed and accounted by honest and credible persons, to be of good or sufficient ability, to satisfy any party or parties to be wronged thereby, and such person or persons, so known to such Officer, shall affirm the reality and truth of the same, and be liable to the parties to be grieved, for, and by reason of any misinformation, or misaffirmation thereof. 2. And that no person or persons( being under the age of one and twenty years, in prison, out of this Nation or Government, or beyond the Sea, out of his, her, or their senses, memories, understanding and minds; or a woman married, at the time when the right, title, interest, &c. of, or in any such manors, messages, Lands, Tenements ▪ or Hereditaments, Rents or charges, did, or shall fall, happen or accrue to him, her or them) shall lose, or be barred, or hindered of any of them; If he, she or they do, or shall make his, her or their Entry or claim to, in, or into the same within a year( or some other time so to be thought convenient) next after the time that he, she or they respectively, do or shall, come or happen to be of the full age of one and twenty years, out of prison, into this Nation and Government, on this side the Sea, of perfect sense, memory, understanding and mind, sole and unmarried, and( within the same time) cause a note thereof, and of the right, title, charge or interest, which he, she or they have, or shall have in, to, or out, of the same so written in parchment, to be delivered into such Superior place, there to remain readily, and easily to be found as aforesaid: And the same so to be delivered in, by such credible person or persons so known, and of such ability, and he or they to make affirmation of such claim and Entry; and of the truth of such title, right, interest or charge; and be liable to make satisfaction to the party and parties grieved, or to be grieved, for or by reason of any misinformation or misaffirmation thereof: And that no such note shall be received, and of validity, by any such Officer, of any other, then of such credible person or persons so known, and of such ability, under some penalty so to be thought convenient in that behalf. 2 Propos. Is for ready, speedy, and easy finding & discovery of dormant Iudgments, Statutes, and such like encumbrances formerly entred, intermixed with other things, whereby Purchasers have been defrauded, and Executors, &c. undone. WHereas divers Purchasers have been put to great and long trouble and charge, in searches for Judgments, Statutes and recognisances, and other encumbrances upon Record; to which divers manors, messages, Lands and Tenements, which they have purchased, or had an intent to purchase, some of which Judgments, Statutes, and recognisances, and encumbrances having been of great Antiquity, and very difficult to be found: And for that there hath been many Courts, and divers Offices in some of such Courts to search in; and very many Records, Books and Remembrances, or Rolls to turn over, view or red for every of the four terms in the year; and in some of such Courts, such Judgments, Statutes, recognisances and encumbrances have been intermixed with others in such manner, as they have been very difficult to be found, and many by the tediousness and wearisomeness of such searches, have been overlooked and leaped over; which afterwards have come and been charged upon such manors, messages, Lands and Tenements, whereby divers Purchasers have been utterly undone, and many suffered great loss. And whereas divers Executors and Administrators, after that they have paid many Debts of great value, and after Suits prosecuted for the same, and verdicts in divers of them, after long and tedious Suits and great expenses, labour and trouble in defence of the same; and in searching for such Judgments, Statutes and recognisances, and Bonds, and such like Engagements against Testators & Intestates, upon Record in many Courts. And yet by the occasions beforementioned, many Executors and Administrators have( after payment and satisfaction of such great sums of money beforementioned) been put to great trouble, perplexity and charge, about such obscure Judgments, Statutes, recognisances and encumbrances; and yet in the end, compelled to pay and satisfy upon Suits upon the same, and otherwise, out of their own proper goods and Chattels, so much, as they have been compelled formerly to pay as aforesaid, upon bills, Bonds, Covenants and other Contracts; by which means, many such Executors and Administrators have sustained great loss, and divers of them undone. For remedy whereof, It is proposed to be desired, that it may Be Enacted, THat no manors, messages, Lands or Tenements, shall at any time hereafter be chargeable, or liable to any such judgement, Statute or recognisance, or matters of Record beforementioned; unless a true Note, or Copy of the Debt and damages and charge therein, and term or terms, when the same was acknowledged, permitted, suffered or given; and the number or number-Roll of the same, where the same is entred, recorded or filled, be delivered into such Superior place beforementioned in the Proposals or Propositions against secret, fraudulent Deeds and conveyances, and there entred in manner and form beforementioned, in those Proposals or Propositions in several places there ready and speedy to be found, for every such County; where such Lands, so to be or remain chargeable, be or shall be situate, lying or being within— now next ensuing, or within— next ensuing the permitting, suffering, acknowledging or giving of any judgement, Statute or recognisance, hereafter, or within some other time, by the Supreme Authority of this Nation, to be thought convenient in that behalf. And that after the end of seven years next ensuing, or some other time, so to be thought convenient, no manors, messages, Lands or Tenements, Executors or Administrators shall be chargeable or liable to any judgement, Statute or recognisance, or other matter of Record beforementioned, unless the same shall be entred anew in such place or Office then, and once every seven years then next following, or some other time, by the Supreme Authority of this Nation, to be thought convenient in that behalf. 〈…〉 Proposals for an Act for the more speedy satisfaction of Creditors of and against such as be of ability, and lye in prison, and conceal their estates, with little expense or trouble, &c. FOrasmuch as divers Prisoners of great ability, after that they have gotten into honest mens debts, have fraudulently and secretly made over their estates to their Allies and friends in trust, who( from time to time afterwards) have furnished such prisoners with money, and otherwise, whereby they have fared and lived very deliciously, and( having obtained the favour of their keepers by rewards and otherwise) have lain at their pleasure carelessly, and some of them very riotously, on other mens estates, disabling themselves, by such means, to satisfy their Creditors their just and due debts, damages and demands, whereby such Creditors have had no benefit, but prejudice, by such their debtors so lying in prison. And for that many persons, having been prisoners to the prisons called the Fleet, and the Kings Bench,( being lately accounted the center of deceit, for prisoners and their working of mischief, to defraud their Creditors, as soon as they have gotten thither,) have immediately, or within some short time after, gone abroad by permission or connivance of their keepers, and after that they have so gotten out, have wandered abroad in many places of this Nation, and some of them traveled into the East and West Indies, and other places, far remote from this Nation, before they had any legal discharge of their imprisonment, as divers have said and complained,( such prisoners having for that purpose obtained the favour of their Keepers by the means aforesaid,) and have met their Creditors abroad, out of such prisons, and looked them in the face, and laughed at, and jeered them; and some such prisoners meeting their Creditors, at whose svit they have lain in prison, for great sums of money have told them, that they would pay them nothing,( some of them saying, that the Interest of the money, for which they were so in prison, would maintain such prisoner in prison, during his life, though such prisoners have had executions charged against and upon them at the same time in the places where they have been prisoners,) and have refused to pay or satisfy unto such their Creditors any part of their just and due debts or damages. FOR PREVENTION WHEREOF in future Times, it is Proposied to be desired, that it be ENACTED— 1. That if any Prisoner lye in prison in Execution, at the svit of any of his or her Creditors, for any debt or damages by the space of— or of some time, to be thought convenient in that behalf, and doth not sue out, or for, or endeavour to have such a Commission( as is mentioned in the former Proposals for, &c.) granted to set him at liberty, out of prison, in such a manner as is mentioned in the said former Proposals, that then his or her Creditor or Creditors, or as many of them as will, may have a special writ of execution against such prisoner, upon such judgement and Judgments( as be charged upon or against the body of such prisoner in execution, notwithstanding the remaining in execution of such prisoner) upon or against All his or their manors, messages, Lands and Tenements, both Free-hold and Copyhold, whereof he or she is or shall be seized or possessed in his or her own right, in his or her demesn, as of Fee for life or lives, or of any estate tail, which may be cut off by any common recovery; or for years, and whereof any other to or for his or her use, or to or for him or her in trust, is or shall be so seized or possessed, and upon and against all his or her Goods and Chattels, both real and personal. 2. And that by virtue of such Writ of execution, the whole of such manors, messages, Lands and Tenements, Rents and Anuities, &c. shall or may be extended, delivered to, and held by the Plainliff in such judgement, in as large, ample and beneficial manner and form, as hath been or may be by virtue of any Writ of extent or liberate upon any Statute Merchant, or of the staple. 3. And that, if such Creditor or Creditors cannot have, or find, or procure to be had or found( by the means or courses before mentioned) sufficient to satisfy their due debts, damages, &c. That then such Creditor or Creditors, or as many of them as will, may first summon in such prisoner to appear, or cause appearance to be for him or her, by his or her Attorney or Attorneys, Deputy or Deputies, Agent or Agents, within— or some other time to be thought convenient in that behalf, next after such summons in the Courts of Chancery, the one Bench or the other, or, &c. against one half of four, or of some other number to be thought convenient in that behalf, of such Commissioners as such Creditor or Creditors do or shall nominate for the examinations of what the estate both real and personal of, and debts, duties and demands owning to, such prisoner in his or her own name, or in the name of any other to his or her use, or for him or her in trust, and in whose name or names, is or was, are or were, at the time, and since he or she became indebted in or owed to any, any debt, duty, damage, or, &c. then unsatisfied, and how much in all and every part thereof, hath been satisfied, and how; and how he or she became unable to pay or satisfy the same, or any part thereof, and what became of his or her such estate, debts, and demands which he or she had at the time when, and since he or she was credited with such, or any other Commodities as then shall not be paid or satisfied for, and how much thereof is, or shall be then unpaid or unsatisfied for, and how such estate, or any part thereof, hath been lost or spent. 4. And that such prisoner, or, &c. for him or her( if he or she will) may choose or nominate four, or some other number, to be thought convenient in that behalf of Commissioners to join with the other Commissioners, of such Creditor or Creditors, to be inserted with them in such a Commission so to examine, and to have them so to examine with the said other Commissioners, and that any such Creditor or Creditors, his, her or their Attorney, or, &c. may except against any two, or of the half of such Commissioners so chosen or nominated, or so to be chosen or nominated by such prisoner, and that then a Commission shall and may be granted out of any such Court, directed to the Commissioners of such Creditor or Creditors so nominated or chosen by them, or, &c. and not excepted against, and to the Commissioners, of such prisoner so nominated or chosen by him or her, or, &c.( if he or she, or, &c. do or shall nominate or choose any) not excepted against; and that( if such prisoner do not so choose or nominate, or cause so to be chosen or nominated) then such Commission shall and may be granted by those of the nomination or choice of such Creditor or Creditors, or his, her or their Attorney or, &c. for him, her, or them in that behalf, and one or some to be thought convenient in that behalf, to be nominated or chosen, by such Court, or some other by such Court to be deputed, so to nominate or choose from time to time; and if such Commissioner or Commissioners so chosen or, &c. by such Court or, &c. after notice by the space of— or some other time to be thought convenient in that behalf, of the time and place of the execution of such Commission in certain, before the execution thereof be given by such Creditor or, &c. any of such Commissioners name by such Court, do or shall come thither, or else the Commissioners of such Creditors to execute such Commission without any such so name by such Court. 5. And that such Commissioners, or any two of them, whereof one so nominated or chosen by such Creditor or Creditors, or, &c. to be one, shall and may examine according to the tenor of such Commission, to be made and directed to examine according to the tenor before herein mentioned. 6. And that such Commissioners herein, and in the former Proposals mentioned, shall and may examine such prisoner, or his wife, or any his or her Trustees or, &c. or any such Creditors, his, her, or their wife or wives, or any other, who they suppose do know, or can discover, any thing material concerning the premises upon his or her corporal Oath for the finding out of the truth of, and concerning the premises; and may by Warrant under the hands of any two of such Commissioners, summon or warn any such to be examined, as a witness touching, and concerning the premises, to appear within some convenient time next after such summons or warning at some certain time and place, to be notified unto every of him or her, to be examined, and declare their and every of their several knowledge of, and concerning the premises. 7. And that if any such witness do not appear, and so testify at such time and place( having sufficient paid or given, or tendered to be paid or given to him or her, as shall be thought necessary and reasonable to defray the charges of such witness ingoing to, and staying at such place, and from thence returning to the place where he or she is or shall be so summoned or warned) then such witness to undergo the same penalty, provided against a witness not appearing and testifying upon an issue joined in the one Bench or the other, and there or before the Justice or Justices of Assize or Nisiprius at any Assizes, being served with a Writ of Subpoena, according to the Statute made and provided in that behalf, or some other penalty to be thought convenient in that behalf. 8. And that such Commissioners, or such Creditor or Creditors of such prisoner shall and may have and bring action or actions of debt, or any other action or actions, as the case in that behalf shall require, against any by or from whom any debts, duties, damages, or demands be or shall be found, by virtue of such Commission or otherwise to be due or owing to such prisoner, or to any other, to or for the use of, or in trust for, such prisoner, and thereby recover the same against such debtor and debters, or, &c. of such prisoner, or any of his or her Trustee or, &c. in the name of sueh Commissioners, or of such Creditor or Creditors to whom such debt or debts, damage or, &c. shall be assigned by such Commissioners as may and shall, or do execute such Commission, for and towards the payment or satisfaction of any debt or debts, damage, &c. so to be owing, or due from any such prisoner to such his or her Creditor or Creditors, Plaintiff or, &c. 9. And that no Release, or other discharge, payment or satisfaction, made, or to be made by such prisoner, his or her Trustee or, &c. to any such his, her or their debtor or debters, or, &c.( after notice given to such debtor or debters, or, &c. by such Creditor or Creditors, or any other, for or on his or her behalf, of such assignment) shall be available in Law for any such debtor or, &c. for him, her or them to pled at Law or make any other use of, for concerning or against the recovery of any such debt or debts, or, &c. but that such Commissioners, &c. or such Creditor and Creditors of such prisoner shall or may recover the same in his, her or their own name or names, in such manner and form, as such prisoner, his or her Trustee or, &c. might have done before, &c. and that then if such Creditor or, &c. cannot thereby be satisfied their just debts, &c. that then after discovery of such estate, &c. by virtue of such Commission, such Creditor or, &c. may have such execution &c. newly made for recovery, as before is mentioned, &c. for the whole or part, &c. as shall be then unsatisfied. 10. And that all and every such person or persons( who have or shall have any Bills, Bonds, Notes, specialities, debt books, or any other Deeds, Escripts, Minuments or Writings, Goods or Chattels which he, she or they know, are belonging to such prisoner, or any, for his or her use, or any for him or her in trust) shall deliver the same Bills, Bonds, &c. safe and uncancelled, without tearing, blotting, obliteration or alteration, and such Goods and Chattels well and unbroken, in as good plight as they had or shall have the same, together with full, peaceable and quiet possession, within some time to be thought convenient in that behalf for removal of his or, &c. Goods, Crop, &c. and provision for habitation, &c.) of all manors, messages, Lands and Tenements, and, &c: whereof they, or any of them, have the possession, having no right of possession in the same, nor knowing the right of possession thereof to be belonging to any other( besides such prisoner or some to or for his or her use, or for him or her in trust) to such Commissioners, or such of such Creditors, or some other of ability, in estate, to restore the same to such prisoner or, &c. as such Commissioners shall deputy or appoint in that behalf, to take, receive and possess the same, in satisfaction of the just debt or debts, damage or, &c. of such creditor or, &c. and that the same shall be after quietly & peaceably held and enjoyed accordingly without hindrance or interruption of any such person or persons, till the same debt or, &c. be or shal be paid or satisfied, or shal appear upon demand of such Commissioners, &c. or Creditors, upon pain of forfeiture, the value of such manors, messages, &c. so held, &c. to the party thereby grieved or damnified, or some other penalty to be thought convenient in that behalf to be recovered by, &c. wherein, &c. and that after such payment or satisfaction such possession shal be redelivered to, &c. under the same penalty. 11. And that if such Creditor and Creditors cannot or shall not be so satisfied or paid, and it shall appear in the judgement of such Commissioners or, &c. who shall so examine upon such Commission that such prisoner had sufficient to pay all, or a great part of the debts or, &c. which were so by or from him, owing or, &c. and that he or she hath wastefully and immoderately wasted, misspent or consumed the same, or fraudulently and secretly coveyed the same, in such manner, as they cannot discover the same, and that such prisoner doth not make it appear upon Oath by credible witnesses or, &c. how he or she came to any inevitable and causual losses, whereby he or she became of inability to pay or satisfy the same, but that such Commissioners or, &c. cannot conceive or imagine any other but that such prisoner hath so wastefully, &c. consumed or, &c. or so fraudulently conveyed, &c. that then such prisoner shall and may be indicted for the same, and that( if hereupon he or she shall be convicted of such fraud, &c.) then he or she shall be taken out of such prison, from his or her delicious, idle; riotous and expensive living, and put to some place to be thought convenient in that behalf, there to remain till, &c. or some other time, &c. and to be kept and held there strictly to work and labour, according to the agility and ability of his or her body in the profession or work which shall be thought by such Commissioners or, &c. to be most profitable: and that such Commissioners or, &c. may from time to time convenient, take a strict account upon Oath of such prisoner, or any other, or any other who shall therein intermeddle of, for and concerning the gains and profit, which shall be made by the labour of such prisoner, and may receive and distribute the same to every such Creditor share and share alike, according to the proportion of his or her debt or, &c.( deducting and allowing out of the same to such prisoner sufficient for her maintenance in a moderate way) and that such prisoner till, &c. shall wea● or carry openly about him or her some badge, or some such or other thing, to be thought convenient in that behalf, that they may be distinguished from other people, under some strict penalty to be thought convenient in that behalf; and that if such prisoner shall break away, or absent him or her self before such payment or satisfaction, or Composition with such Creditors, from such place, that then such Commissioners or, &c. may by warrant under his or their hand or hands, issue out Warrants for the retaking and bringing back such prisoner, and to cause him or her to be more strictly looked unto, and safer kept, or to be sent so to labour and work, into any the new English Plantations in America, or elsewhere, or some other place, as shall be thought convenient in that behalf, or that then such prisoner shall suffer such further or other punishment, as shall be thought convenient in that behalf, and for breaking or running away after such time as he or she shall be conveyed into such Plantation. 12. And that if any prisoner, who shall be set at large out of prison, in such manner as is mentioned in the said first Proposals, do not afterwards make such account upon Oath, &c. before such Commissioners, &c. who by virtue hereof may be authorised to take the same, and perform such other things therein mentioned for such prisoner to be done, but fall into, and commonly use riotous living, or idleness, or laciuiousness, that then he or she may by such Warrant be retaken, and so set to work and labour, and so also be dealt with and ordered, as is before mentioned. And because divers things in the Proposals for speedy setting at large of all prisoners for debt and damages were misprinted, and some wholly omitted, and for that Reason the meaning thereof could not be well understood; here they are expressed, as they are explained and amended, with divers Provisions and Provisoes belonging to these and and those Proposals following them to prevent frauds. Proposals for an Act for speedy setting at large all Prisoners, both for damages and debt,( those in prison for damages, being many not provided for by the last Act,) as well for the benefit of their Creditors, as of themselves. Offered to the consideration of all the People of this Nation, who desire the common good: Being a matter of great importance to this Nation: To the intent, that any who please should or might within some convenient time writ and publish Reasons against or for support or amendment of the same, or any part thereof, that after such writing for or against the same left off, and laid aside, and such convenient time past, any of the people of this Nation, who desire the public good, should or might( if they please) petition to, &c. for the same Proposals, or as many of them as they think convenient, to be enacted or taken into speedy consideration. FOrasmuch as of late years divers persons( having been imprisoned in several prisons within this Nation for debts and damages) have there lain and remained many years together at the svit of divers merciless Creditor and Creditors, Plaintiff or Plaintiffs, Demandant or Demandants( such Prisoners having had no means, or hope of any, to pay the debts or damages for which they have so remained in prison.) And that many of such Prisoners have fallen into such inability against their wills, by loss at Sea, fire, or by reason of divers of their Debters becoming insolvant and unable to pay or satisfy any of the just and due debts, damages, or demands, owing to such Prisoners, by reason of some such casualty, happening to such who owed, or were to pay or satisfy to such Prisoner any debt, duty, damage or demand, or by some other casualty happening to such Prisoner or Prisoners. And whereas divers persons having been very potent, rich, and full of money( by reason of their potency and riches) have wearied out and undone divers poor men by divers tedious Suits, unto which they have not been able to make their lawful defence, by reason of the extreme chargeableness in Suits( which have been of late years much more chargeable then formerly they have been, and especially in the Courts of Chancery or Equity) and have laid such Prisoners up in Prison, by reason of Executions obtained or gained against them upon wrongful and vexatious Actions and Suits, whereupon they have recovered against such poor Prisoners, by reason of the inability of such poor Prisoner or Prisoners to defend the same, being occasioned by such merciless prosecutors and persecutors, in undoing such poor people by wrongful vexation and prosecution of them upon and by divers tedious and vexatious Suits. And that such prosecutors and persecutors( after they have so done) have been so malicious and spiteful to such poor Prisoner or Prisoners, that no man whatsoever have pr●vailed or could prevail with such malicious person to enlarge such poor Prisoner or Prisoners, or show him or them any favour, though they have been certainly informed( besides their own knowledge) that such poor Prisoner or Prisoners were of none or very mean ability, and that they we●● not able to pay or satisfy the tenth part of that for which thy have so been and lain in prison, many of them in execution, but that such malicious people have kept such Prisoner and Prisoners in prison, and many of them in execution,( lying and remaining there in great misery, and ready to starve, and to be eaten up with vermin) to the intent that such Prisoners should not go abroad to seek or obtain his or their just relief and remedy of or against such merciless and malicious prosecutors and persecutors many years together,( such poor Prisoner or Prisoners having had no means to gratify or reward his, her or their Keeper or Keepers for or, &c. going abroad out of prison, to secure them for his or their return thither, as others of ability lying in prison have had.) For prevention whereof in future it is proposed that it may be desired to be Enacted, 1. THat if any person or persons, who is, or are, or shall be imprisoned at the svit of any person or persons, for any debt, duty, damage or demand, and remain prisoner for the same by the space of— or some other time together to be thought convenient in that behalf, and after doth or shall desire to be set at large or liberty out of prison, then before such prisoner shall be so set at liberty or at large from imprisonment, such prisoner shall truly upon his or her Oath to be taken by or before any Justice of the one Bench or the other, or some other( to be authorised in that behalf to take the same) discover, set forth, and declare in writing under his or her hand all the estate both real and personal of, and debts, duties and demands owing or belonging to such prisoner in his or her own name, or in the name of any other, to or for his or her use, or for him or her in trust, and in whose name or names in every particular, at the time, and since he or she became indebted in, or owed to any, any debt, duty, damage or demand then unsatisfied, and how much in all & every particular thereof hath been satisfied, and how; and how he or she became unable to pay or satisfy the same, or any part thereof, and what became of such his or her estate, debts, duties and demands in every particular thereof, which he or she had at the time when, and since he or she was trusted or credited with such, or any other commodities, as then shall not be paid or satisfied for, and how much thereof is or shall be then unpayed or unsatisfied for, and how such estate, or any part thereof, hath been lost or spent, and deliver unto, and transfer the same to all and every his or her Creditor & Creditors, Plaintiff and Plaintiffs, Demandant and Demandants, to whom such Prisoner truly, really, & bona fide shall then owe any money or damages, duty or demand, or at whose svit he or she is or shall be so imprisoned, and to such other as such prisoner upon his or her Oath so to be taken, do or shall nominate and declare to be such Creditor or Creditors really & bona fide, to every of them share and share alike respectively, according to the proportion of each of such their several and respective due debts, duties and damages. 2. And that it shall and may be lawful to and for such prisoner so to do, and that the conveyance thereof to be made, shall and may be good and available in Law to such Creditor and Creditors, Plaintiff and Plaintiffs, Demandant and Demandants, to sue and recover of and against any, from whom the same is or shall be due to be paid, answered or satisfied, after notice given, or to be given to him, her or them, of any dead or conveyance by such prisoner to that purpose, and in that behalf made and executed, or to be made and executed. 3. And that( if any such Creditor or Creditors will not, but refuse to accept the same) then such prisoner or prisoners shall and may first summon in, or warn his or her Creditor and Creditors to appear every one of them by him or her self, or by his or her Attorney or Attorneys, Deputies, Agent or Agents, by him or her to be appointed in that behalf within— or some other time to be thought convenient in that behalf, next after such summons from time to time in the Courts of Chancery, the one Bench or the other, or, &c. there to except against one half of— four, or of some other number, as shall be thought convenient in that behalf of Commissioners which such prisoner shall nominate for the examination of the truth● untruth or falsity of the contents of such Oath or Oaths, or against, or for support of the same. 4. And that such Creditor and Creditors, by him, her, or themselves altogether, if they will, or as many of them as will together, or any one of them singly by him, or her self, may nominate four, or some other number, to be thought convenient in that behalf of Commissioners to join with the other Commissioners for such prisoner, and that such prisoner, or some by him to be appointed in that behalf, may except against any two of such four Commissioners, or half of such number of them so to be thought convenient, so chosen or nominated by such Creditor or Creditors, and that then a Commission shall be granted and made out of any such Court, directed to the Commissioners of such prisoner, and the one half of such four, or of such other number, as shall be thought convenient of the Commissioners so nominated or chosen by such Creditor or Creditors( not excepted against by such prisoner) if such Creditor or Creditors, or any of them, do or shall choose or nominate any such Commissioners: And that if they, or some of them, do not, or shall not so nominate or choose, that then such Commission shall and may be granted and made by any such Court to those of the nomination and choice of such prisoner, and one, or some other number, to be thought convenient in that behalf to be nominated by such Court. 5. And that such Commissioners, or any two of them, or, &c. whereof one nominated by such prisoners, if he or she desire the same, and one of such Creditor or Creditors, if he or she, or they, or any of them, desire the same, or otherwise one by such a Court so to be nominated to be one, shall and may examine, and proceed, and determine upon such Commission so to be granted according to the tenor and effect of the same so to be granted. 6. And that after such examinations and depositions taken thereupon in writing by virtue of such Commissions, the same Commission and Depositions shall and may be returned into the Court from whence the same Commission issued under the Hands and Seals of such Commissioners who do or shall execute the same, with the several and respective Certificate or Certificates of any such Commissioner who shall sit or intermeddle in the examination by virtue of such Commission( if they do or will make any) of or concerning any miscarriage in the execution thereof, or any thing material which they shall conceive to be amiss concerning the same, and that after the same so returned thither, and there remaining by the space of— days, or some other time, as shall be thought convenient in that behalf, and no proof appear there in the said Depositions so taken and returned of any thing material to contrary the truth of such Oath taken by such prisoner, nor any exceptions taken in writing against the carriage in the execution of the same Commission, nor of the truth of any thing therein deposed, nor any Demurrer in writing put into the same Court against the validity of any part of such Depositions. 8. And that after such prisoner hath performed or shall perform the Provisoes, Provisions or Conditions hereafter mentioned. That then a special Writ of Supersedeas, or Writ of Enlargement, to enlarge such prisoner out of prison, shall or may be granted or made of, or by course, to enlarge such prisoner out of prison: And that then such prisoners shall and may by virtue of such Writ of superseded. or Writ of Enlargement, or Writ of Discharge, be discharged and set at large out of prison,( notwithstanding any thing charged against him there, and so examined and determined by virtue of such Commission.) Proposals for Provisions and Provisoes to be desired to be in such Act. Provided, 1. That before such prisoner shall be so discharged or enlarged out of prison, that he or she shall or may covenant to and with every of his or her Creditors, Plaintiff and Plaintiffs, Demandant and Demandants against him or her, and give judgement to every of them severally and respectively, of double the sum of every debt, damage, duty or demand, which is or shall be due to every of such Creditors, Plaintiffs and Demandants respectively, or some other sum or sums, penalty or penalties, as shall be thought convenient in that behalf. 1. That such prisoner shall pay or satisfy such debts, damage, duty and demand, with reasonable damage occasioned by the forbearance of the same, from the time that such debt, damage, duty or demand, was or shall be originally due, or as much thereof as he or she shall be found of ability to pay from time to time upon account, by and before such Commissioners, or any two of them, whereof one of the Commissioners of the Creditors, or of some of them, or of the nomination by such Court to be one, by such Commissioners to be taken from time to time convenient, when they shall reasonably require the same, viz. to every of the Creditors of such prisoners share and share alike, according to the proportion of his, her or their debt or debts, duty or duties, damage or damages, demand or demands respectively; and at such time or times as such Commissioners whereof, &c. do or shall nominate or appoint for that purpose. 2. And that such prisoner from time to time, after that he or she is or shall be so discharged or enlarged out of prison, shall from time to time give a true account in writing under his or her hand, upon his or her corporal Oath, to, and before such Commissioners whereof, &c. requiring the same upon, and at their reasonable request, of his or her gains, necessary expenses, and losses from time to time received in, by such prisoner, which were not or shall not be accepted by such Creditor or Creditors, for or towards such their debts, duties, damages or demands. 3. And that such prisoner after his or her enlargement( until he or she hath satisfied and compounded with, or shall satisfy or compound with the Creditor and Creditors of such prisoner) shall do his or her best endeavour to follow his or her lawful Prossession or Calling, which he or she hath before that time most commonly followed or exercised, and to live within the bounds and limits thereof, moderately and civilly, as such Commissioners whereof, &c. shall agree and adjudge; and if such Commissioners cannot so agree and adjudge, then as such Court do or shall adjudge or consider of to be fitting or necessary to be done in that behalf, upon and after certificate in writing of such Commissioners whereof, &c. or of as many of them as will, within some time, as shall be thought convenient in that behalf, into such Court from whence such Commission issued of the causes of the disagreement of such Commissioners, or as many of them as will so certify in that behalf. 2. And that if none of such Creditors or, &c. nor none for them, and by their appointment shall so take exceptions, nor make such choice or election, that then all and every judgement, Statute and Statutes, recognisance and recognisances, charged against such prisoners by or at the svit of such Creditor or, &c. not taking any such exception, or making such choice or nomination, shall and may stand and be in force and effect( notwithstanding such the discharge or enlargement of such prisoner by virtue of such special Writ of superseded. or Writ of Enlargement, to be made, as before is expressed) to be executed again, against such prisoner, for not performing any thing, so to be covenanted to be done, and new judgement to be given for, by such prisoner, in manner and form before mentioned. 3. And that if all the Creditors or, &c. of such prisoner will not join together to nominate or choose Commissioners for such Commission, that then every one of them, or as many of them as will join together in that behalf, may choose or nominate, as before is expressed; and that such prisoner, as before, may except, and that the residue, &c. may stand, as before is expressed, and that such Commission may be granted and made to those so not excepted against, with the other half so nominated or chosen by such prisoner, and not excepted against by such one or more of such Creditors. 4. And that so many such several Commissions may be so granted and made in that behalf, as there be or shall be such Creditors or, &c. joining together so to nominate or choose by him or her self. 5. And that the prisoner, after such enlargement, may have his or her necessary clothes and household-stuff for lodging and dressing his or her victuals, and instruments of such value as shal be thought convenient in that behalf for his or, &c. trade( the property of such household-stuff, &c. remaining in such Creditors) and such prisoner only to have the use and benefit of them so long, as he or, &c. do or shall demean him or, &c. self orderly, frugally, modestly, &c. as shall be thought convenient in that behalf by such Commissioners or, &c. Proposals for Provisions or Provisoes to be desired to be in such ACTS: And to the intent that every one, both of such Prisoner and Creditors, may be provided, what Commissioners to choose fit for the time and place of the execution thereof, and not be surprised, Provided, 1. That every such prisoner, his or her Creditor or Creditor, who do or shall make such nomination or choice of such Commissioners, or intend so to do, shall in the Court or place where he or she doth or shall leave the names of such Commissioners, together with the same leave a Note in writing at what place the same is to be executed, or within the space of— miles, or some other number of miles, as shall be thought convenient in that behalf, of such place where the same shall be or is to be executed: And whether he or she will have or procure the same to be sped or executed, within the time of any term, or within one week next before, or within two weeks next after any such Term, or within some other time or times, as shall be thought convenient in that behalf. 2. And that all such parties who do or shall give such summons, notice or warning, shall be of known ability in estate, to answer the value of such debt and damages, &c. viz. such as do or shall so summon, warn, or give notice to such Commissioners, or to the parties which may or shall be grieved in this behalf, and be liable to satisfy for any misdemeanour and misdoing about the premises, both to such Court, and the party or parties grieved or damnified, or to be grieved or damnified thereby. 3. And that if either such Creditors, or prisoner, do or shall nominate any Commissioners, which in the judgement of such Court or, &c. be or shall be of such inability in judgement and, &c. as is hereafter mentioned, that then such Commission shall not be granted or made to any such Commissioners of such inability, but that such party or parties who choose such, shall in the place and stead of ever such Commissioner so excepted against, choose another so well qualified, &c. as is mentioned hereafter. 4. And that the party and parties giving such summons, notice or warning, shall and may be liable to answer all damages, that every party shall sustain, by reason or occasion of any of their miscarriage in or about the execution of the said Commission. 5. And that all such Commissioners as any such party do or shall nominate or choose, shall be, or so commonly accounted, Gentleman, or &c. of honesty, learning and understanding, and of solid judgement, and charitable, and not suspected of certain crimes to be enumerated,( that is to say)— or such other things as shall be thought, &c.( being such Gentlemen will sit and execute such Commissions as deeds of charity, being for the public good of every individual person of this Nation) and then will there be no need of such monopolising Commissioners and Officers, or so pretended, as have been used in and about the execution of the Statute of Bankrupt, who formerly have by slones and dilatory inventions( as divers have complained) swallowed up as much of the poor Bankrupt or pretended Bankrupt his estate, by often and unnecessary sitting about the same, with other such things too long now to be enumerated. For if such Commissioners and parties summoning and giving notice, &c. should not be of such estate and, &c. if the prisoner should make, or procure to be made, a false Oath before such Commissioners, or &c. both of his estate, and also of warning in or summoning such Creditors to appear, &c. there being many wicked people of mean estate, who have taken false Oaths for a very small reward, then it is to be feared, many who get and run into divers honest mens debts in great sums of money, and some on a sudden under specious pretences of driving some advantageous trade for gain, or to make some payment of sums of money, which would be much prejudice to such borrower if he should not make payment thereof, when in truth such borrower hath had no other occasion for such money, but only to run away and spend it, and it is feared, such a man so doing, will make as little conscience in making a false Oath, or for swearing himself, as so to defraud, and then when such a bide is flown, the Creditors may long seek after her before they can catch her, and only expect their money by John Long the Carrier, when he cometh: And besides, if such Commissions should not be granted, or at least for very poor prisoners, who lye in prison in remote places from, &c. charged with executions( besides those out of Corporation or burrow Courts, where such prisoner so have been in prison) issuing some out of the one Bench, some out of the other, some out of the Chancery, some out of the Exchequer, &c. when such prisoner have been so poor, that he hath not been able to remove himself, &c. And besides, if such Commissioners, or &c. should not be of ability in estate, &c. and of solid judgement, but otherwise, &c. and should set a prisoner at large, &c. through ignorance, or by reason of, &c. what remedy then shall Creditors have for their money? 6. And that such summons, notice or warning, shall and may be personal, or by Proclamation made at the Parish Church or chapel, or Church door of such Parish, or red there two Lords Days at such times of such days as such Church or chapel shall be thought to be most full or well filled with the people of such Parish there assembled. And that that may be made appear so to be done, and that such party so to be summoned or name, &c. was seen there, or told thereof afterwards, by Certificate in writing under the hand of the Minister, or &c. or some of the chief of such Parish, and Oath of such parties so to summon or give warning of the truth thereof made before such Commissioners, or &c. or that such party so to summon, or &c. did so, and see Proclamation so made or red, and the party so to be summoned afterwards, or give him notice thereof, before such Commissioners, or &c. as shall proceed upon such Commission to discharge such prisoners out of prison, concerning the charge against him, at the svit of the party so to be summoned, or &c. unless such party so to be summoned be out of the Nation or dead: And that then it may be sufficient to give personal notice thereof to his or her Executor, or &c. Attorney or Attorneys to the execution, judgement or charge against such prisoner, trustee, by letter of Attorney, or &c. and that such notice, &c. may be of the time and place of the execution of every of such Commission, or that for the notice to be given of the execution of such Commission, it may be left in the Court from whence, &c. or at some place certain to be appointed after the appearance of any such Creditor or Creditors there, for his or her Attorney, or &c. to take notice thereof, and that every one or more making false Certificate or Oath in that behalf, may be liable to answer the party, or &c. grieved or damnified, his &c. damages thereby sustained. For if leaving such notice, or &c. at the dwelling house, or &c. of such Creditor, &c. should be accounted sufficient, then if such wicked person( who do or shall make no conscience of cheating or forswearing, &c.) should sand a person of such ability to leave such notice, or &c. at, &c. and another( unknowing to him, though of such ability) to take the same away, or that it should be left with a negligent person, or some knave or, &c. and so carelessly or fraudulently concealed: Would not then such party so to be summoned be caught or surprised? 7. That if either such prisoner, or any his or her Creditors desire to have such a Commission to examine any witness or witnesses far, or &c. remote from either party, that then such a Commission for such purpose shall or may be made to what Commissioners the party so desiring shall nominate, and in such manner, as is to be used in the others before mentioned, so that convenient notice by such, &c. be given by some convenient time to be appointed in that behalf to the other party or parties, whether he, or &c. be Creditor, or &c. to join in such Commission if he, or &c. will; and that such exceptions and nominations, &c. shall or may be, as before is mentioned, for other Commissions before such Commission shall be made; and that such Commission shall be made to persons so qualified as before, &c. and that the party or parties, having or taking upon him, her or them the carriage, or &c. of such Commission, shall give notice to the party, prisoner or Creditor, or &c. joining together, or some of them, who choose such Commissioners by the space of— or some other time to be thought, &c. next before the execution of such Commission, to be provided with his Commissioners, and make the same appear by Oath, if the same be required, by the space of— or some other time to be thought conconvenient in that behalf, next after the return of such Commission into such Court, or &c. or that else the Depositions taken by virtue of such Commission, shall be suppressed, void and null. 8. And that either such prisoner, or any such Creditor, or &c. may have and take out as many Commissions, as he, or &c. shall be advised by Counsel, to be thought convenient about the premises, for speedy dispatch thereof, to examine witness or witnesses in any remote place from, &c. and that several choices and nominations of Commissioners, shall or may be for every such Commission, both by such prisoner, and such the Creditor, or &c. in manner and form before mentioned. 9. And that either such prisoner, or such Creditor, or &c. so nominating or choosing, may sue or take out such Commission, and have the carriage of, and see and procure the same to be executed( giving such notice to the other parties so nominating the contrary Commissioners with him, her or them, of the hour, day and place convenient, certain and well to be found, when and where the same is to be or shall be executed by the space of— or some other time to be thought convenient in that behalf, next before the day of the execution of such Commission. 10. And that if divers or any of such Commissioners happen to die or depart this life, or be sick, or weak, or non compos mentis, lunatic, &c. or that either such Prisoner, Creditor or Creditors, do or shall desire to choose, &c. another Commissioner in the place or stead of any such Commissioner for some lawful cause, that then he, she or they( during the life of such prisoner or debtor, &c.) whose Commissioner, or &c. he, or &c. was, may nominate for every such Commissioner so dying or, &c. two of such qualified persons for Commissioners; and that after exceptions taken by the contrary party, or &c. as before, that then every such Commission shall and may( at the costs and charges of him, her, or them, desiring or requesting the same) be revived to the old surviving, or other Commissioners, and one of such two not excepted against, in stead and place of every such Commissioner so dying, or departing this life, or &c. or as shall be far absent from, &c. or become unable, uncapable or unfit for such employment; and that every such commission shall and may be so renewed, from time to time, upon every such occasion, and stand, and be in force, for the intents and purposes aforesaid and hereafter mentioned, during the life of such prisoner, or till the time that he or she hath made or shall make full payment and satisfaction to all such his or her creditors or composition with them. 11. And that if either party, prisoner or debtor, creditor or creditors, find fault with, and complain against the falsity or untruth of any things which any witness do or shall depose upon his or her examination by virtue of such commission, that then a special writ shall and may be granted and made, by and out of any such Court containing the deposition so excepted against, and shall be directed to the Sheriff of the County, where such witness did most usual dwell or inhabit, at the time of such his or her examination, or within the space of— or some other time to be thought convenient in that behalf, next before the time of such examination, or to the Sheriff of some other County, to which such party, or &c. excepting, shall desire, if the contrary party or &c.( upon notice thereof to be given in manner before mentioned) do not, nor shall show unto such Court, or &c. good and sufficient cause to the contrary thereof: And that by such special Writ such Sheriff shall be commanded, by the Oaths of twelve lawful men of the Hundred or places thereunto next adjoining within such County, to inquire whether or not the contents of such Deposition be true: And that immediately next after the execution thereof, such Sheriff shall and may return such Writ with the Inquest thereupon fairly engrossed in parchment, into the Court, from whence the same Writ issued, or shall issue: And that the truth, or falsity and untruth, of such Deposition, shall and may be taken, according to the tenor of the Return of such Inquisition, and no otherwise: And that such Jurors shall be such, as be capable of trying Issues, joined in the four superior Courts at Westminster: And that such convenient notice shall be given to the contrary party or parties who endeavour the support of such Deposition, as in the other cases, and that such party, or &c. may make such challenges, &c. or defence, &c. as be or have been used at the trial of such Issues; And such attaints, and &c. against such Jurors or Inquisitors may be for making a false Oath, or &c. concerning the premises, and they to undergo the same penalty, as in making a false Oath in trying of such Issues, or &c. or some other penalty to be thought convenient in that behalf. 12. That such Commissioners, or &c. shall and may have power to examine upon Oath for support, or against, or to impeach the credit of any witness to be, or which shall be examined touching or concerning the premises, at the request of either party, either Prisoner, or &c. 13. And that the Depositions taken or to be taken( by virtue of such Commission by the Commissioners, so equally to be chosen on all sides, and such due notice for examination and across examination of them) shall and may be given in evidence, at the execution of such Writ of enquiry, or at any trial at Law otherwise, and stand good and available, in the absence of such Witness, in as beneficial a manner, and as effectual, as if such witness, or &c. who so deposed were there personally present; but with this, that either party, or &c. who will( at his own charge) may have and compel such witness or witnesses to be at such enquiry, in prison, and to be examined again upon the same questions, upon which he, or she, or they were before, by virtue of such Commission, examined, upon such penalty as before,( being served with a Warrant in that behalf, under the hand of such Commissioners, or &c.) and that every party or parties, for whom such witness or witnesses be or shall be examined by virtue of such Commission, shall upon request of the contrary party, or &c. within— or some time to be thought, &c. bring out, and give true and certain notice, of the place of abode of such witness or witnesses: And that if such witness or witnesses do not or shall not appear before such Court, or &c. within— or some other time to be thought convenient in that behalf( being so warned, and his charges so paid, or tendered) at such inquisition, That then, if urgent or inevitable cause do or shall not happen to hinder the same, and be proved so before, &c. and his, or &c. credit well supported, upon Oath, by substantial witness or witnesses; That then the Deposition of such, so not appearing, to be null. 14. And that every Prisoner from time to time, after his or her enlargement out of Prison, shall give a true account in writing upon his or her Oath to such Commissioners, or, &c. from time to time convenient, when such Commissioners, or, &c. do or shall require him or her so to do ▪ and that such account, shall and may be ▪ of the Debts ▪ &c. received in, by such Prisoner since, &c. and of the gains, and losses, and necessary charges, and expenses, of such Prisoner, by such Commissioners, or, &c. to be allowed: And that if such Commissioners, or, &c. cannot agree thereupon, That then any of them who will may certify the truth thereof, to the Court from whence such Commission issued, or shall issue, and of the points of such their disagreement: And that thereupon that Court shall or may settle and order the same, according to their direction: And how, and in what manner, such Prisoner shall and may be set to work, and how long, if he or she shall be found extravagant, or refractory therein, or refuse so to give account. 15. And that every party, both Prisoner, and Creditor, and Creditors, may have the view of such Depositions and Accounts, from time to time convenient, and take or procure Copies to be taken thereof, or of as much thereof, as he or she shall be advised by counsel; and that such Commissioners shall keep a Paper-copy of such Depositions for &c. and cause the same to be fairly engrossed in parchment, and sent with such Commission returned into the Court, from whence such Commission issued, or shall issue. 16. And that it is not the intent of &c. that any surety which now is, or &c. should be subject to the penalty in &c. as to be set at work, or &c. unless it shall be proved by &c. that his or her principal was credited with &c. at his or her request, and that that he, or she, or any to his or her use, or for him or her in trust, by his or her appointment, had share of the money, or other thing, for which credit was so had or given. 17. And to the end that all( to whom such Prisoner( who hath not remained in Prison some time, as shall be thought convenient in that behalf, or that shall be charged in execution or otherwise in Prison hereafter) owe any debt, duty, or &c.) should come and join in such Commission and Examination: and that some Creditors, or &c. of such Prisoner who have him or her in Prison( by combination or connivance with such Prisoner secretly or fraudulently to give him or her allowance out of such his or her estate, &c.) should not have all the estate of such Prisoner, and others of his or her Creditor or Creditors nothing thereof. That as for and concerning charges against such Prisoner in Prison, amounting to a great sum, viz. to— and Estate, &c. of such Prisoner, amounting to a great value, viz.— or some other sums to be thought convenient in that behalf; special Writs shall be made and directed, one to the Sheriff of every County of this Nation, commanding him to cause Proclamation to be made by himself, his Deputy, or bailiffs, in his or their County Court and Courts, and Hundred Courts and general Quarter Sessions of the Peace, and at the Church or chapel of every Parish within his County at the time, &c.— by the Constable, tithingman, or &c. of every Parish within his County, to summon, give notice to, or warm every one, to whom such Prisoner then owed, or shall owe any money, his or their Executor and Administ. Guardian, Trustee by Letter of Attorney, or other Agent, &c. to show cause at some certain time and place, why such Prisoner should not be set at large out of Prison, and to join with the other Creditors of such Prisoner( if they shall think convenient) in such Commission, &c. and to nominate and choose, &c. as before; And that every such Sheriff shall duly execute, or cause such Writ to be duly executed, and such Constable, or &c. shall do according to the Command or Precept of such Sheriff to be made in that behalf; And that such Sheriff shall make return of what he hath done, or shall do, concerning the premises to the Court from whence such Proclamation issued, or shall issue, at such time and times as shall be thought convenient in that behalf, and that before return thereof no distribution shall be of any the Estate, or &c. of such Prisoner; but that such Commissioners, till such return, shall retain such Estate, which shall or may be had by such Commission, in their own hands, and sue for any of his or her Debts, &c. in their own names, in manner & form before expressed: and after such return to make distribution, &c. And that both such Sheriff, and every such Officer, for not doing, or mis-doing his or her office or duty herein, may be liable to the parties grieved or damnified thereby, his, her, or their damages, thereby sustained, or to be sustained: And that such Prisoner before such Sheriff, or &c. shall be liable to do any execution, according to the tenor of such Writ shall deliver in print, or otherwise, the contents and copies of such Writ and Warrants thereupon, to be made, amounting to as many, or more, as there be Hundreds, &c. and Parishes within such County: but with this to avoid great trouble for trifles, that such Proclamation may onely be made at the County Court, and general Sessions, and not at the Parishes, &c. unless it be for a Debt, &c. and Estate, &c. to be thought very great, and the party owing the same, of a dangerous condition. Or if this course concerning Proclamation shall be thought too tedious and troublesome, That then onely immediately after any such Prisoner, Creditor, or Creditors shall go about, to have such Prisoner enlarged by such Commission, that an entry for notice of the prosecution of such Commission, may onely be entred in the Register book of the Parish where such Prisoner did most commonly inhabit, next before such his imprisonment; and with the Custos Rotulorum of the County where such Parish is, and of the County where such Prisoner is or shall be imprisoned, and with some chief Officer, where the Supreme Courts of this Nation are or shall be kept or held, from time to time, or in some other place or places, by the Supreme Authority of this Nation, to be thought convenient in that behalf; some time to be thought convenient before such enlargement and distribution. 18. And that no other who( after such enlargement of such Prisoner shall give him, or &c. credit or trust him, or &c. with any thing) shall have any remedy for having or obtaining of any payment or satisfaction of or for the same, of, upon, or against any the messages, Lands, or Tenements, Rents, &c. Goods, or Chattels, or Debts, or &c. of such Prisoner; until such as were his or her Creditors, or &c. at the time of such his or her enlargement, shall be first satisfied, paid, or compounded with, for such Debt, &c. as to them were owing, at the time of such his or her enlargement, &c. 19. And that if the Creditor or Creditors of such Prisoner do desire such Prisoner to remain Prisoner, till such the truth of such matter, as he or they shall so except against, be so by Jury, as before is mentioned, tried, That then such Creditor or Creditors severally and respectively, according to the proportion of his, her, or their Debts, &c. shall and may be compelled to bear the charges of such Prisoner in Prison, in the mean time; and his charges or expense in his or her defence, &c. in that behalf; if the truth of such matter be, or shall be maintained by such inquest. 20. And that all such Exceptions, Demurrers, or &c. which shall be taken according to any of the said Proposals, shall be fairly written or engrossed in parchment, and returned into such Court; and that a true Paper-copy thereof shall be there also left for the party, or his Attorney, or &c. against whom such Exceptions, or &c be, or shall be so taken. 21. And that if any of such Creditors who shall have a judgement, or &c. charged against such Prisoner in execution, desire to have the same stand in force against the manors, messages, Lands, &c. of such Prisoner, that then the same shall and may stand and be in force, and be beneficial, &c. as aforesaid, without taking new judgement for the same, and to have priority, &c. as hath been anciently used. 22. And that if at any time within— or some other time to be thought convenient in that behalf, next after the taking and making of any such Oath, either by such Prisoner, or his wife, or any the Creditor or Creditors of such Prisoner, or any of their wives, or any other, if it shall appear and be discovered that such Oath is or was false, That then the party offending therein may undergo such penalty as shall be thought convenient in that behalf. FINIS.