HIS MAJESTIES Most Gracious and Royal COMMISSION, For the Relief of Poor Distressed PRISONERS.

Published by Authority.

Royall Oake

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.

CHARLES the Second, by the Grace of God, King of England, Scotland, France and Ireland, Defender of the Faith, &c.
To Our Right Trustly and Right Well beloved, the most Reve­rend Father in God, the Arch­bishop of Canterbury, now and for the time being; The Right Reverend Fa­ther in God, the Lord Bishop of London, now and for the time being; The Reverend Father in God, the Lord Bishop of Winche­ster, now and for the time being; and the Lord [Page 2]Bishop of Rochester, now and for the time being. To Our Trustly and Well-beloved, the Lord Mayor of Our City of London, now and for the time be­ing; The Iudges, and other Our Iustices, as well for the Pleas, before Vs to be Holden, as of the Common-Pleas, assigned, or to be assigned for the time being; The Chief Baron, and other the Barons of Our Excheequer, now and for the time being; The Chancellour of Our Dutchy of Lan­caster, for the time being; The Masters of Our Requests, for the time being; Our Serjeants at Law, Atturney General, and Sollicitor General, for the time being; The Atturney of Our Dutchy of Lancaster, for the time being; The Almoner of Our Houshold, for the time being; The Master of the Rolls of Our Court of Chancery, now and for the time being; The Dean, and Resident Can­nons of Our Cathedral Church of St. Paul, in Our City of London, for the time being; The Dean, and Resident Cannons of Our Collegiate Church of St. Peter, in Westminster, for the time being; The Master of Our Savoy for the time being; The Chancellor and Chancellors, for the time being, of every the Arch-bishops and Bishops aforesaid; The Arch-deacons of London, Essex and Middlesex, for the time being; The Masters of Our Court of Chancery, now and for the time being; The Re­corder of Our said City of London, now and for the time being; The Lieutenant of Our Tower of London, now and for the time being; All and eve­ry of the Iustices of the Peace, now and for the [Page 3]time being; All and every of the Iustices of the Peace, now being, or which hereafter shall be Re­sident or dwelling within Our said City of London, and Suburbs thereof; And in the Counties of Middlesex, Surrey and Kent, within five miles of the City of London; And all and every the Advo­cates, towards the Court of Canterbury, of the Arches of London, now and for the time being; And all and every the Advocates of the said Court, for the time being, or which hereafter shall be; All and every the Masters and Governours, especially appointed by the Mayor and Commonalty of the said City, for the Receipt, Order, Disposition and Government of the Rents, Revenues and Pro­fits of the Houses of the Poor of Christ, and Sr. Thomas the Apostle, now and for the time being; And the Masters and Governours thereunto ap­pointed, now and for the time being; And all and every the Masters and Wardens, now and for the time being, of the Company of Mercers, Dra­pers, Gold-smiths, Grocers, Cloath-workers, Merchant-taylors, Ironmongers, Haberdashers, Fish mongers, Salters, Skinners and Vintners of Our City of London, now and for the time be­ing, and to every of them, Gréeting:

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

FINIS.
Royall Oake

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