HIS MAJESTIES Most Gracious and Royal COMMISSION, For the Relief of Poor Distressed PRISONERS.
Published by Authority.
LONDON, Printed for M. D. and are to be sold by Nathaniel Webb, at the Royal Oak, in St. Pauls Church-yard, neer the little North-door of St. Pauls Church. M.DC.LX.IV.
His Majesties Most Gracious and Royal COMMISSION, For the Relief of Poor Distressed PRISONERS.
Whereas the late Quéen ELIZABETH, upon the lamentable Petitions, Complaints and Supplications of divers her loving Subjects, being Prisoners in the Kings Bench, and in the Fleet, did by her Commission under the Great Seal of England, bearing Date the Twentieth day of April, in the [Page 4]Eight and Twentieth Year of Her Reign, Authorize certain Commissioners therein named, for the Ordering and Compounding of the Controversies and Causes, betwéen the said distressed Prisoners and their Creditors, and such others, by whom they were detained Prisoners, or in Execution; And to do divers other things, in the said Commission expressed, which Commission continued in force from the Date thereof, until the Decease of the said Quéen ELIZABETH. And Whereas Our late Dear, and most Royal Grand-Father, King James, of Happy Memory, being informed that certain Clauses contained in the said Commission, had séemed unto some to be derogatory to the Common Lawes of this Our Realm of England; And also, for that by colour of the said Commission, (which was intended for the Charitable Relief of Poor, Miserable and Distressed Persons) sundry refractory and obstinate Debtors, which rather wanted Will than Means to satisfie their just Debts, took occasion to molest and trouble their Creditors; Our said Grand-Father, out of His Princely Care and Vigilancy, to prevent all occasions of Inconveniency to his Loving Subjects, especially such as tended to the breach of His Lawes, Did for many years forbear the Renewing of the said Commission: And finding that as his forbearance wrought a good effect, by discouraging of obstinate and wilful Debtors, that sought nothing more, than Evasions to avoid the Payment of their just Debts; so also, that for [Page 5]want of that, or some other like charitable Course, for the Relief of such as were truly and indéed Poor, Distressed and Miserable, and wanted Means to satisfie their Creditors, It had been occasion to pester and fill His Prisons with the Bodies of such Persons, whose Punishment could no way avail their Creditors, but rather was a hindrance to the satisfaction of their Debts: For that during the time of their Restraint, they were no wayes able to go about, or attend their lawful Business, but must of force consume themselves, and that little they had, miserably, and in Prison. And upon due consideration had of the Premises, Our said Royal Grand-father, by His Commission under the Great Seal of England, bearing Date the Eleventh day of November, in the Sixtéenth Year of His Reign of England, by the Advice of the then Lord Chancellour of England, and also of divers of His Principal Iudges of His Courts at Westminster, Did Authorize the Commissioners therein named, to procéed according to the Tenour of the said Commission, for the Relief of the said poor Prisoners, in the aforesaid Prisons. And afterwards Our said Royal Grand-father, being informed that His said Commission had not taken that good effect which was expected, Renewed the said Commission, and thereby prescribed and directed such a moderate Course, as that neither the Insolence of wilful and obstinate Debtore, should be thereby encouraged to the [Page 6]derogation of His Lawes, nor yet His Grace and Clemency be wanting unto such, to whom it should be méet to extend the same. And whereas Our said Grand-father, upon the Humble Suit and Petition of His loving Subjects, His distressed Prisoners in the Prison of the Marshalsea, and other Prisons, in and about the Cities of London and Westminster, and other Places near adjoyning to the same, whose Case was as much to be Commiserated and lamented, as the said Prisoners of the said Kings Bench and the Fleet, did by one other His Commission, sealed with the Great Seal of England, bearing Date the Tenth day of July, in the Two and Twentieth Year of His Reign, Authorize certain Commissioners therein named, for the Ordering and Compounding of the Causes of the distressed Prisoners and their Creditors, in the Prisons, and within the Places therein, and hereafter in these Presents mentioned and expressed, as thereby may more at large appear. And whereas Our Royal Father of Blessed Memory, by two several Commissions, under the Great Seal of England, the one bearing Date at Canterbury, the Sixth day of June, in the Fourth Year of His Reign; And the other bearing Date at Westminster, the One and Thirtieth day of December, in the Sixth Year of His Reign, Authorized divers Commissioners therein expressed, to the same, or like purpose as aforesaid, as thereby also more [Page 7]at large may appear. Which Commissions, upon the Death of Our said Royal Father, of Blessed Memory, determined. And Whereas Our Loving Subjects, the Poor Distressed Prisoners, in Our Prisons within Our Cities of London and Westminster, and Suburbs of the same Cities, have by their Humble Petition besought Vs, That We would be Graciously pleased to Renew the said former Commissions, heretofore Granted by Our said Royal Predecessors. Know ye therefore, That We taking the same into Our Princely Consideration, and minding the Welfare and Relief of the said poor distressed Prisoners, Have (by, and with the Advice of the Lords of Our Privy Council) of Our especial Grace, certain Knowledge and méer Motion) Made, Constituted and Appointed, And by these Presents do Make, Constitute and Appoint You to be Our Commissioners; And do hereby Give and Grant to You, or any Three, or more of You, full Power and Authority, at all and every time and times, from henceforth, so often as to You, or any Thrée, or more of You (as is aforesaid) shall séem convenient and néedful, to assemble and méet together, in some convenient place, in, or néer the City of London, as to You, or any Thrée, or more of You, shall séem fit for the Execution of this Our Commission: And before such Your Méeting, by Warrant under Your Hands, or the Hands of any Thrée, or [Page 8]more of You, as is aforesaid, upon reasonable warning (and at the Charges of the Prisoners) To call before You, as well such person or persons, sufficiently instructed for, and on the behalf of such distressed Prisoners, as now, or hereafter shall happen to be Imprisoned, in Our Prisons of Our Kings Bench, Fleet, Marshalseas, White Lyon, Clink, New Prison, the Compter in Wood-street, the Compter in the Poultrey, Ludgate, Newgate, Gate-House, St. Katherines, White-Chappel, Bringhurst and Finchbury, and all other Prisons, near or about London, or any of them, by reason of, or for any Action or Actions of Debt, Actions upon the Case, Trespass, Detinue Trover, or other personal Action, Iudgments, Execution or Executions whatsoever. And also the Creditors, and such others as have, or ought to have the benefit of the Actions, Suits, Iudgments or Executions, for which they are detained in Prison; and the Executors, Administrators and Atturney of every of them, and all other persons whatsoever, to whom it shall appertain, or some persons indifferently Authorized and Instructed, for, and on their behalf, whom We do hereby Command to Appear before You, upon such Your Warrants, either in their own persons, or by some other, sufficiently Instructed and Authorized on their behalf; And at such Your Méetings, to receive the Supplications and Complaints of the said poor distressed Prisoners, and [Page 9]by all wayes and means, to inform your selves as well of the due Debt, Damages and Duty, for which such Actions, Suits, Plaints, Iudgements or Executions, is, or shall be prosecuted, obtained or gotten; As of the certain Estate and Ability of the Prisoners, how to pay and discharge the some; And thereupon, by all good and lawful wayes and means, to treat with the Creditors, or other Persons, which have, or shall have the Benefit of such Actions, Suits, Iudgments or Executions, and to make Compositions and Agreements with them; Wherein Our Pleasure is, That some of the Iudges of the Court, by, or from which the said Prisoner or Prisoners shall be Committed, shall be privy or consenting to the conclusion of such Compositions and Agréements. And in Cases where no Conclusion or Composition can be made, after Examination thereof, to certifie the truth of the same, unto Vs and Our Privy Council, To the end such spéedy course may be taken therein, as shall effectually tend to the Relief and Release of the Prisoners Grieved, according to Iustice and Equity. And that such of You Our said Commissioners, as shall go about such Compositions, shall do Your best endeavours, That the poor Prisoners by Your means and mediations, may be Relieved, and have such reasonable Years, Dayes and Times of Payment for such their Debts and Damages, as they shall not be presently able to satisfie; and with such security [Page 10]for payment thereof, as in Equity and good Conscience, (having respect to the Ability of the Prisoner) and the Charge of Wife and Children, and other Incidents to pious Cases considered as by You shall be thought fit; Streightly chargeing and commanding You, and every of You, That for the better Expedition and further Attemplishment of Our Charitable Intent and Will, in remedying of the grievous Distresses of Our said poor Subjects, and distressed Prisoners, You, or some Thrée or more of You, as is aforesaid, do from time to time, and as often as it shall be néedful, assemble Your selves together, in some such convenient place as is aforesaid, as You tender Our Pleasure. Provided nevertheless, and Our Will and Pleasure is, That You Our said Commissioners, or any of You, shall not procéed to the Execution of this Our Commission, for, or touching any such Matter or Cause, as is before mentioned: Wherein You shall be occasioned to call, or cause any person resident, abiding or remaining in any place, being above Ten Miles from Our Cities of London and Westminster, to give Attendance upon You, only within, or during the time of the Termes, or within Seven Dayes before the beginning, or Ten Dayes after the end of every Term. And if any such Creditor or Creditors, or other person or persons, for whose Debts, Costs or Damages, such distressed Prisoner or Prisoners, shall remain in Prison as aforesaid, Shall Refuse [Page 11]upon the said Precepts or Warrants to Appear before You; or appearing, to refuse to Attend the Commissioners further pleasure, or to send some other person or persons, sufficiently Authorized and Instructed, to Treat and Conclude with You as aforesaid, Vpon due consideration of the nature and quality of such Refusal and Contempt, You shall and may, take such order for punishment of the same, and for procuring such persons Appearance, as to You shall be thought méet. And that You, or any such Thrée or more of You, shall and do use all lawful wayes and means, to cause such Creditors, or other person or persons, to yield to take, and to perform such moderate and reasonable Compositions and Agréements, as by You, or any Thrée or more of You, shall be thought méet and set down. And for that Our meaning is to be ayding and assisting with Our Grace and Favour to the Misery and Calamity of such as are truly poor and distressed, and not to such as lye in Prison, rather of wilfulness and obstinacy, and out of a resolution to retain large and ample Estates to themselves, by hindering their Iust and Honest Creditors of their due Debts and reasonable Damages; Therefore We do hereby streightly Charge and Command You, and every of You, That in all Your procéedings, by Vertue of this [...]ommission, You be very circumspect and careful, to try and find out such wilful and obstinate persons, and in no wise suffer them, or any of [Page 12]them, to partake of Our Grace and Mercy, which hereby We intend to them, that are, and shall be willing, with their own Estates, Bona Fide, and without fraud, so far forth as it will extend to satisfie their Iust Debts and Damages, for which they shall be so detained in Prison; so as care be had of Themselves, their Wives and Children; And unto such poor and miserable persons, as have not wherewithal to satisfie their Debts, but shall be constrained miserably to perish in Prison, except in pity they shall be relieved. And that You, or any Thrée or more of You, where just and necessary cause shall be found, do call before You any Prisoner or Prisoners, now detained in any of the said Prisons; And if the Iaylor or Kéeper of the said Prison (where such Prisoner shall be) shall not, or will not, upon the Warrant of You, or any Thrée or more of You, give the said Prisoner Liberty, with his Kéeper, to Attend accordingly, That then, and in every such case, You, or any Thrée or more of You, shall from time to time, (and as often as occasion shall be) make Certificate of the Refusal of such Iaylor or Iaylors, to the Lord Chancellour, or L [...]d Kéeper of Our Great Seal, for the time being, Who thereupon, and upon security given, by such Prisoner or Prisoners, either to pay his Debts, or to render his Body within a certain time, may, as he shall see cause, Issue Habeas Corpusses, at then Charge of [Page 13]such Prisoner or Prisoners as shall procure such Certificate, To the end the said Prisoner or Prisoners may the better attend the prosecution of his Cause, and effectually pay his Debts, or make Composition for the same; And to the end You Our Commissioners may the more readily and eauly executy this Our Commission amongst other Our weighty affairs, Our Will and Pleasure is, Toat this Our Commission shall continue in force. And We do hereby Authorize You Our said Commissioners, or any Three or more of You to proceed in the Execution thereof, and of all and every matter and thing therein contained, from time to time, as often as You, or any Three or more of You shall think convenient; Albeit the same Commission be not from time to time continued by adjournment. And lastly, To the end this Our Commission, may be the better put in Execution, We have Made, Constituted and Appointed Our Trusty and Well-beloved John Knight Gent. His sufficient Deputy or Deputies to be Register to Our said Commissioners, and to be from time to time attending, ayding and assisting unto them and every of them in and about the Premises, and to Act and do all such matters and things, and have and receive such fees and allowances as by Our said Commissioners, or any Three or more of them shall be thought fit and necessary in that behalf. In Witnesse, &c. Witnesse