❧ To the most Honourable Assembly of the Commons House of Parliament. ¶ The Humble petition of the distressed prisoners in the Kings Bench, and fleet, and all others his majesties distressed Subiects, now Prisoners, within his majesties realm of England, and Dominion of Wales. IN most lamentable manner sheweth unto your Honours, That whereas heretofore many good and laudable Acts and Statutes haue been made for the relief and provision of maimed Souldiers, and also for the relief of the poor in every Parish; But as yet no provision or relief for poor distressed Prisoners in this realm, which are many thousands in England whereof at this present, remaines in the 15. Prisons, in and about the City of London the number of 3500. able Subiects for his majesties service, if occasion serve of employments: And forasmuch as this Honourable House is now making and establishing of many good laws, for the peace and good of this Common-wealth, which may well concur and agree with the grave saying, of that worthy and Honourable member of this house( Sir Edward cook Knight) in his fourth book of Reports, giveth this Christian advice to all Iudges and Iustices, that boni judicis interest lights dirimere; Most humbly beseeching your Honours to commiserate our distressed estates, and to take into your Honourable and charitable consideration this our offered Bill here in Parliament, And in your grave wisedoms, to make and establish some good and charitable Lawe, for the speedy relief and releasement of all such Prisoners now in distress, or hereafter shall bee so imprisoned, as all other Christian nations hath done in this case, most humbly beseeching this honourable House, to further this our charitable suit. And your poor Petitioners will now, and ever hereafter, be bound on their bended knees to pray for these Houses of Parliament. ¶ The state of the Bill for Prisoners. FIrst, That all Iustices of Peace within London, or within five miles of the said city, or any 6.4. or 3. of them, shall haue full power by the Act to examine the estate of every Prisoner for debt, and so to see the Creditor paid to the value of his lands, estate, and goods, with some consideration for means, for wife, children, and family, and so to free them out of prison. And likewise 6.4. or 3. discreet Gentlemen of good rank and quality to bee chosen Commissioners in every Shire and County, within England and Wales, by the Custos Rotulorum, or in his absence 4. of the ancientest Iustices in person at the Sessions, once every year to do the like, for releasement of Prisoners, as the Act more at large declareth, and so to free the Prisoners in every Prison in the country; And those Prisoners whose estates are nothing worth to be set at liberty. And also the said Commissioners are by the Act enjoined to execute the same Act 4. several times in every year, viz. 10. dayes before every quarter day. ¶ certain good allegations and motives, that an Act for the general releasements of Prisoners, is better then a Commission in particular for Prisoners in the fleet and Kings Bench as hereafter followeth. 1. FIrst an Act is more requisite then a Commission, for an Act will still free all his majesties Subiects generally in all Shires, whereas a Commission is but for the Prisoners in London; And when Prisoners are still released in all places, they are ready in person to serve their King and country in all parts of this realm. 2 Secondly, diuers Prisoners are so poor( by reason of long imprisonment) as they are not able to remove themselves from foreign Prisons to London, the Writs and Sheriffes charges of men and horses is so great. 3 Thirdly, all or most part of their Creditors, are most commonly in or near the Shires where they are imprisoned: So as if the Creditors bee many, it will be a very great charge for them to be brought up to London, or to be warned to be and appear before Commissioners there, and some so aged as not able to travail up to London without danger of death, whereas they may bee easier and readier to appear in the Shire where they lye in Prison, by the Commissioners appointed for that country then elsewhere. 4 Fourthly, some Prisoners( being desperate men) or having many friends in those parts, where they lye in Prison in far Countreys vpon execution for great sums of money: The Sheriffes having a Writ of ( hab. Corpus cum Causa) to bring up his body to London, will rather adventure to be deeply fined, then to endanger the high sheriff to pay thousands of pounds for the Prisoners escape, as by daily experience it may appear, which breeds many suits between party and party, and vndoeth many a man and his sureties be he never so careful a sheriff. 5 Fiftly, the Commissioners being appointed in every Shire where the Prisoner is inhabiting, they being acquainted with the Prisoner will give better credit to the testimony of their known neighbours,( either the Creditor, Debtor, or Witnesses) then Commissioners at London, of whom they cannot bee so soon, and so well, and truly informed of the difference who is an honest man, and who is not, either Debtor, Creditor, or witness; So these men, and their estate and causes, are better known to the Gentlemen Commissioners where they dwell then elsewhere. 6 sixthly, the City of London, and the Suburbs and Liberties therof, and the City of Westminster, and the Borough of southwark and Liberties thereof, haue about the number of 15. Prisons and goals, in which at this present time are many thousands of poor distressed Prisoners lying in great misery and want, which were more fitter at this present( if need should require) to serve their King and country, then to lye there and perish under the hands of cruel Creditors, and barbarous using of their gaolers, and their base conditioned Officers. 7 And therefore a charitable Act made that Commissioners may be appointed in every Shire by the Custos Rotulorum, or four of the ancientest Iustices at the Sessions will make a speedy dispatch, for the good of the Creditors payment, and for the Prisoners enlargement, as is in all other Christian kingdoms; By which Act God will be glorified, the life of the subject preserved, the strength of the kingdom maintained, wife, children, and family relieved, the Creditor sooner satisfied, and all good Subiects pleased. 8 And this Act will bee for the general good of all posterities ever hereafter, even from the greatest subject to the poorest person, for it may concern all degrees of Subiects, and in process of time, preserve the estate of great and good mens posterity, which now usury and usurers doth daily swallow up their Lands by mortgages, by forfeitures, and extortion: By which means, diuers of the Nobility and gentry of this kingdom, are daily consumed by usury and usurers, and by whom, thousands of Prisoners are imprisoned at this day. All which wee leave to Gods providence, and your Honourable, and wise consideration.