A LIST Of all the PRISONERS In the Upper Bench Priſon, remaining in Cuſtody the third of May, 1653.
Delivered in by Sir John Lenthall to the Committee appointed by the Councell of STATE, for examining of the ſtate of the ſaid Priſon, with the times of their firſt Commitment, and the cauſes of their Detention.
And alſo the ſubſtance of the Propoſitions made by the Committee to the Priſoners, with their anſwer thereunto.
Publiſhed for Information of all ſuch as are concerned herein.
By the appointment of the Committee,
LONDON, Printed for Livewell Chapman, and are to be ſold at his ſhop at the Crown in Popeſ head Alley, 16•3.
And the Totall Summe of their Actions and Executions are, Nine hundred ſeventy ſix thouſand, and one hundred twenty two pounds.
Theſe perſons above named are all the Priſoners that ſtand now committed this 3. day of May, 1653. for all whom I am reſponſible, and are in the Houſe or Rules, or gone abroad this day, by order of Court.
1. THe Priſoners were deſired to ſhew their Reaſons why a Law ſhould not be made, to Sequeſter their Eſtates into the Hands of Commiſſioners nominated by their Creditors, as in the Statute of Bankerupt, to be Let or Sold, that their debts might be paid, and the remainder returned to them.
2. To ſhew their Reaſons, why a Law ſhould not alſo be made, That if any of the Priſoners have made over their Eſtates, or any part thereof, in Truſt, or otherwiſe, to any Perſon, ſo as to defraud their Creditors; And if ſuch Perſon or Perſons ſhall not voluntarily make Diſcovery thereof, within a convenient time, to be appointed; That then, they ſhall forfeit of their own Eſtates the Value of what is ſo Concealed, and ſuch fraudulent Acts made void.
233. Why the Creditors of ſuch as are poor, and have not to pay their debts, their Creditors having the benefit of Commiſſioners if they will, to examine their Debtors upon oath, and ſuch other Witneſſes as are neceſſary for the diſcovering their Eſtates, paying as farre as it will extend, why ſuch perſons ſhould not be releaſed, ſo as to be ſet to labour (if able) for bread for themſelves or families: and if poſſible, to pay their juſt debts: That the Common-wealth, Creditor, and Debtor may leſſe ſuffer, and the Lord not provoked by the cruelty of the Creditor or careleſneſſe of the Debtor.
And all ſuch poor Priſoners as are in want and not able to worke, may be releaſed and relieved; That ſo Priſons may neither be places of protection to men of Eſtates, nor of deſtruction to ſuch as have none.
The anſwer by ſome of the Priſners to the firſt Propoſition was; That they thought it reaſonable, ſo as they might have like reliefe againſt their Debtors.
Others ſaid, that they lay in Priſon for other mens debts, who dyed men of great24 Eſtates, and left them to deſcend to their Children in Tayle, and they prayed their Eſtates might be made lyable to pay their Debts.
Others ſaid, they were impriſoned unjuſtly, at the ſuite of Corporations, and thoſe Corporations were indebted to them, and prayed that a Law might be made to make Corporations lyable to pay their debts.
Divers Priſoners complained, that they were kept in Priſon by feigned Actions, and no Declarations upon them, to ſhew for what cauſe; and when they had been ſo impriſoned three Termes, becauſe then they might free themſelves upon common Baile; their Adverſaries would lay other feigned Actions upon them, and ſo they were never like to get out.
Theſe and many other things of moment, for redreſſe in theſe caſes, are under conſideration, and to be preſented to the Councell of State for preſent reliefe.
THou art deſired to take notice, that R. in the margent ſignifies Rules of the houſe, P. H. ſignifies Priſon Houſe, and C. P. Common Priſon, and C.G. Common Gail, vale.
(EEBO-TCP ; phase 2, no. A88312)
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