Propoſalls for an Act, for pre­vention of great trouble and charge, which the honeſt people of this Nation have beene pu•to; by wrongfull Arreſts, &c.

FOrasmuch as diverſe people of this Nati­on, of late years have been Arreſted and Impriſoned upon divers Proceſſe and Pre­cepts iſſuing out of Corporation Courts, &c. where they have been Strangers, and there deteyned, untill they have made great Fines, or paid great ſummes of mo­ney, to their malicious, deceiptfull, and unjuſt Proſ•cu­tors and Perſecutors (though ſuch people ſo Arreſted, have owe•nothing at all to ſuch Proſecutors or Perſecutors) or otherwiſe, to releaſe ſome great ſums of money or lawfull demands, which they owed to ſuch perſons Arreſted; be­fore any Pledges found, or any ſummons or attachment awa•ded, executed and retorned, againſt ſuch pe•ſons ar­reſted, contrary to the ancient Lawes of this Nati•n.

5For prevention whereof, it is propoſed to be deſired to Be Enacted THat no perſon or perſons whatſoever, ſhall make, or ſue out, or cauſe, or wil­lingly permit or ſuffer in his name, to be made or ſued out, any Writ, Warrant, or Precept, out of any Corpo­ration Court, or &c. upon any action, bill, or plaint, or, &c. untill the Party Plaintiffe in ſuch action, bill, or plaint, hath or ſhall firſt put in or file his bill, plaint, or in­formation; as large as he will ſtand to the ſame, without alteration or amendment afterwards, in any matter of ſubſtance; And hath or ſhall find pledges to proſecute the ſame, the one ſo to be found, to be of the value in eſtate of the Debt or Demand in ſuch bill or plaint, or of ſome other value to be thought convenient in that behalfe, up­on and under pain and penalty, that ſuch perſon or per­ſons, ſo making or ſuing out, or cauſing, or willingly per­mitting or ſuffering in his name to be made or ſued out, any ſuch writ, warrant, or precept, ſhall loſe and for­feit to, and pay to the party grieved thereby, ſome cer­tain ſumme of Money, to be thought convenient in that behalfe to be recovered by action of debt, &c. in which, &c. And that ſuch pledges may be liable to pay ſuch coſts as ſhall be given againſt ſuch Plaintiffe, in ſuch action, bill, plaint, or information, And that ſuch Defendant may have execution for the ſame againſt ſuch Pledges.

Propoſalls to take away the great trouble and charge, which the people of this Nation have been put to; to procure Arreſts and Appearances, &c.

WHereas Creditors of late years have been at more trouble and charges then formerly, to the value of all or a great part of many debts and demands &c. to cauſe their Debtors to appear, or to have them arreſted, by reaſon of their removing ſecretly of their goods from one County to another, or from one Town to another, and abſenting themſelves to, and hiding them­ſelves in, at ſeverall times, ſometimes in one County or Town, and at other times in an other, whereby their Cre­ditors could not, nor have been at any time, at any certain­ty where to find them, nor procure any the publique Offi­cers for ſuch affaires to come to the view or knowledge of ſuch Debtors, without continuall waiting and attending on ſuch Officers by themſelves, to their great trouble, charge; and hinderance in their callings, or by their ſervants or a­gents, to their great trouble & charge and long attendance, and ſometimes ſuch Debtors have continued in one privile­ged7 place as they have claymed it, and at another time in an other, in a very chargeable manner, and there waſted and conſumed their means by divers leud and wicked cour­ſes untill many of ſuch Debtors by ſo hiding themſelves and abiding, and living in exceſſe and riot; have undone themſelves, their wives, and children, and diſabled them­ſelves to ſatisfie their Creditors their juſt debts and de­mands, which otherwiſe they might in ſome meaſure have contented, or compounded with, to their liking.

And whereas divers Sheriffs, when they have had pro­ceſs brought them againſt ſuch parties ſo hiding themſelvs, &c. and Warrants required to ſpeciall Bayliffes to arrest them, when upon former Writs ſuch Sheriffs have retur­ned that they were not to be found, ſuch Sheriffs have beene ſo prevailed with by rewards and otherwiſe, by ſuch fugitive perſons, that ſuch Sheriffes have denyed to make Warrants againſt ſuch perſons, (ſometime pretending that they have had executions againſt them, when they have had none) and ſometime pretending one dilatory excuſe, and ſome­times another (though ſuch Sheriffs uſually grant and make Warrants againſt divers honeſt and ſufficient men, for ſmall and triviall occaſions.)

And many times when Warrants have been granted out, againſt ſuch fugitive perſons, to Bayliffs, Serjeants, &c. they would not arreſt them without ſums of money gi­ven8 them by the Plaintiffs, and the Plaintiffs or ſome for them attend upon ſuch Bayliffe, &c. to ſee arreſts done; otherwiſe divers of them have taken rewards of ſuch fugi­tive Defendants to ſpare ſuch arreſts.

For prevention whereof, and for the more speedy ſatisfaction of Creditors, &c. deſire that it may Be Enacted, That proceſſe of Summons or Attach­ment by goods or chattals, or ſcir. fac. to ſummon, &c. the perſon, may be awarded and made out of any the foure ſuperiour Courts at Weſtminſter, and at as eaſie a rate in the one as in the other of them; and no more taken for any ſuch proceſſe than hath been or ſhall be due, to ſummon, attach, or warne any Defendant to appear to a­ny action or actions, which within theſe 30. yeares laſt paſt, have or hath been uſually brought or proſecu ed in any ſuch Court to ſummon or warne any Defen­dant in ſuch proceſſe to appeare in any ſuch Court: And that upon every perſonall ſummons or war­ning returned by any ſuch Sheriffe into any ſuch Court, the ſame may ſtand and bee in the nature of an appearance in Law, for ſuch Defendant, and that the Plaintiff in ſuch action may proceed to judgment, againſt ſuch Defendant thereupon if ſuch Defendant doth not, nor ſhal plead to ſuch action within — days next after ſuch perſonall ſummons. And that in every ſuch writ of ſummons there may be a precept, to ſuch Sheriffe, that if he cannot find goods or chattals, or the perſon of ſuch Defendant, whereby to ſummon or at­tach him by his goods or chattals, or warne him per­ſonally within 15. day•, or ſome other time to be thought convenient in that behalfe, next after ſuch proceſſe deli­vered9 to ſuch Sheriffe or his Deputy or Deputies; (and he or they to whom the ſame ſhall be ſo delivered be in the County of ſuch Sheriffe, to whom ſuch proceſſe is or ſhall be directed) that then ſuch Sheriffe or, &c. ſhall arreſt, or cauſe to be arreſted, the body of ſuch De­fendant, if he ſhall be found in &c. within 15. dayes, or ſome other time to be thought convenient in that behalf, next after ſuch firſt 15. dayes expired, and ſhall make an entry upon ſuch proceſſe, or in ſome booke publique to be ſeen, at the next County Court of ſuch Sheriffe for ſuch his County, and by the ſpace of 3. or 4. County Court dayes of the ſame County next after, for every Plaintiffe, or any for him, or, &c. to view and ſee, whe­ther or not ſuch Sheriffe had arreſted, or cauſed to be ar­reſted, or ſummoned or warned ſuch Defendant, or that he was not to be found in, &c.

And that (if ſuch Sheriffe, or, &c. had arreſted or ſhall arreſt ſuch Defendant) ſuch Sheriffe ſhall return a cep. corpus, at the return of ſuch proceſſe, into the Court from whence ſuch proceſſe iſſued, or elſe be ſub­ject to ſuch Plaintiffe, to an action of debt, for the debt or demand in the ſaid proceſſe.

And that ſuch return ſhall ſtand and be in the nature of an appearance in Law, and in ſuch manner, as is be­fore mentioned of the return of a perſonall ſummons or warning.

And that if any (after Judgment had or obteyned a­gainſt him, and ſtand in force, without writ of error, at­taint, or &c. brought to reverſe the ſame) ſhall abſent or hide himſelfe, or, &c. by the ſpace of — that then he may be proceeded againſt, as if he were pri­ſoner &c. (ſummons being given to; or left for him, ac­cording10 as is mentioned in the Propoſalls for Priſoners and Creditors, at his houſe, or, &c. to joyn in Commiſſion and elect Commiſſioners, &c.) againſt his; or, &c. per­ſon, and all his, or, &c. lands, tenements, goods, and Chattals.

And that if ſuch Sheriffe ſhall nor make it appear, as is before mentioned, t at he had taken the body of ſuch Defendant by the r me before mentioned, to be entred up­on ſuch proceſſe, or in ſuch book, as before is mentioned or otherwiſe; That then at the requeſt of the Plaintiffe or his Attorney, a Writ ſhall or may be granted or made out of any ſuch Court, from whence ſuch proceſſe iſſu­ed, to any perſon or perſons eſpecially by ſuch Plaintiffe or his Attorney to be elected, whereof one of ſuch par­ties ſo to be elected, to be preſent at ſuch arreſt, to have, in lands or tenements, goods or chattalls, to the value of the Debt or Demand in ſuch proceſſe, or of ſome other ſumme to be thought convenient in that behalfe; or to be Coroner or Conſtable of, &c.

And that after ſuch arreſt, ſuch perſon or perſons ſo elected, may have ſuch party arreſted to the Sheriffe of the County, where ſuch perſon ſhall be ſo arreſted, his or their Deputy or Deputies, or Gaoler, and that ſuch Sheriffe, or, &c. ſhall be enabled and compelled (upon paine of an action of Debt, againſt ſuch She­riffe for recovery of &c. for his &c. refuſall thereof) to receive ſuch perſon arreſted, and deteyne him, or, &c. in cuſtody untill he or &c. ſhall finde ſuretyes for ſatisfying, what debt or damages ſhall be recovered a­gainſt ſuch perſon arreſted, and to be enabled and com­pelled to take ſuch ſecurity by way of recogni­zance in the name of the Party Plaintiffe or Proſecutor,11 and to his uſe, and that ſuch recognizance may have the full force of a Statute Merchant or of the Staple, and that the ſame may be returned with ſuch proceſſe by ſuch Sheriffe, into the Court from whence ſuch proceſſe iſſu­ed, by which ſuch arreſt ſhall be made, at the day of the returne of ſuch proceſſe, upon paine that ſuch Sheriffe, taking ſuch recognizance, ſhall be lyable to ſuch action of Debt, to ſuch Plaintiffe as before is mentioned; and that the next Juſtice of the Peace to the place where ſuch arreſt ſhall be, ſhall have power, and be compelled, to take and return ſuch recognizance with ſuch proceſſe (if ſuch perſon arreſted doe or ſhall finde and provide ſuch ſuretyes as ſuch party Proſecutor ſhall like of) and that all bonds taken, by ſuch Sheriffs, Juſtices &c. at any time upon any arreſt or otherwiſe of any Defendants or his Suretyes ſhall be taken in the ſame names, and in the ſame nature, and to the ſame intents before mentioned, and returned as before, upon and under the ſame penalty or paine.

The particulars by theſe propoſals, For prevention of wrongfull Arreſts, and impriſonments, &c. and for ſaving the exceſſive charges of Arreſts for juſt debts, now newly publiſhed, to be ſaved to the honeſt peo­ple of this Nation, are drawn ready to be publiſhed in convenient time;

And that for the Propoſalls formerly publiſhed for Credi­tors, &c. be large, and are ſo drawn for the preven­tion of fraud in danger to happen, and for the perfect underſtanding of all the common people, how they have been wronged by permiſſion of things to be acted, therby propoſed to be remedied, and for their certain underſtanding, how they may ſpeedily, and at ſmall charge he remedied, here followeth an abſtract of the benefit for he Common-wealth Propoſed by the Propo­ſals before mentioned for Creditors &c.

• 1. That all Creditors may have their due of and a­gainſt al their Debtors and Priſoners out of all their E­ſtates both reall and perſonall of what Nature ſoever; &c that all Priſoners whatſoever (ſatisfying their Credi­tors rateably according to their abilities) may ſpeedi­ly be delivered out of priſon, and not lie lingering there in miſery and extremity.
• 2. That all Priſoners of ability may be compelled to diſcover the truth of their Eſtates to their Creditors, and out of the ſame to ſatisfy their Creditors, and not lie in priſon waſting and ſpending in a riotous way among their keepers, and their agents, as much as would ſatis­fie their Creditors.
• 3. And that ſuch as ſhall be found faulty in concea­ling or ſo waſting their Eſtates, ſhould be taken from the priſon where they ſo he rioting, and be put to ſome14 place ſtraitly to be held to worke for the benefit of their Creditors; which courſe will cauſe thoſe who uſually contribute for ſuch their Liberty and riotous and delici­ous maintenance and living, contribute more large to their Creditors to gaine their favour for the liberty of ſuch Priſoner.

And becauſe ſome deſtructive Propoſalls or Petitions have inconſiderately been often divulged and ſcattered abroad by ſome, this following Proviſo to thoſe former Propoſalls not perfectly expreſſed in the ſame, in regard three ſheets of more ma eriall things were filled, and no space left to expreſſe at large proviſions againſt ſuch like inconſiderate Propoſalls thereof, this next following Proviſo is now expreſſed more at large, for the more perfect underſtanding of the inconveniences which in­evitably would happen, if ſuch inconſiderate Petitions ſhould be granted; which following Proviſo is a full anſwer to, and diſcovery of, the miſchiefs and inconve­niences which would enſue upon thoſe Petitions, with an Errata in ſome of the first former Propoſalls for Creditors, &c. to the intent that thoſe who have any of them may amend the ſame for their perfect under stan­ding thereof. Page 5. line 8. inter &c. and a­gainſt, read there to except, p. 8. l. 13. inter Credi­tors and upon, read to an action of ejectment, and con­feſſe the ejectment and the outer, p. 21. l. 23. ſtrike out priſon, and read perſon, p. 28. l. 8. put our di­rection, and read diſcretion.

4. And that ſuch perſons ſhall be ſo dealt with, as thoſe ſo concealing or waſting their eſtates, which ſhall be found guilty of outrages, as may hemes, batteries, and other treſpaſſes, conſpiracies, ſcandalls, &c. and ſuch like;15 for if ſuch outragious perſons ſhould go free and be ſet at liberty out of priſon, in regard of their po­verty, by vertue of any new act of grace (as ſome incon­ſiderately have propounded and deſired) then its feared, that there will be no quiet in the nation, being divers out­ragious perſons of meane eſtate will then be apt and rea­dy of their owne miſchievous and wicked intents, or by rewards or promiſes of reward, ſecretly given by ſome others, work and act ſuch miſchief for a very ſmall reward or promiſe, ſo that by the permiſsion thereof, out­ragious perſons ſo eaſily to be diſcharged out of Priſon, honeſt men living by their handicraft art, or labour, by mayhemes, wounds, and ſuch like, may be deprived of their livelihood, and diverſe men living by their credit by outragious conſpiracies and ſcandalls may be deprived of their credits, and thereby utterly undone, and many other men beſides may by ſuch permiſsion be put to ex­ceſsive charge, and have their lives and eſtates brought into danger of loſing, by miſchievous actions of ſuch outragious and ſcandalous perſons.