William and Mary, 1694: An Act for the explaining and for the more effectual execution of a former Act for the relief of poor Prisoners. [Chapter VIII. Rot. Parl. pt. 3. nu.1.]

Recital of 2 W. & M. Sess. 2. c. 15.

and that several Sheriffs, &c. cannot take the Oath thereby prescribed; and that many poor Prisoners are in a deplorable Condition.; 2 W. & M. Sess. 2. c. 15.; Sheriffs, &c. Oath abolished.

WHEREAS by [an (fn. 1) ] Act of Parliament made in the second yeare of their Majesties Reigne entituled An Act for relief of poor Prisoners for debt and damags it is (among other things) enacted That the Sheriffs Goalers or Keepers of Prisons should swear that the Prisoner to be discharged was really and truely his Prisoner in his custody without fraud or deceit att or upon the eight and twentieth day of November in the yeare of our Lord One thousand six hundred and ninety. And whereas several of the said Sheriffs Goalers or Keepers of Prisons were not then Sheriffs Goalers or Keepers of the Prisons to which they now belong so that they cannot take the Oath prescribed by the said Act whereby and by the artifice of the said Sheriffs Goalers or Keepers of Prisons and other persons enemies to the said poor Prisoners a great nmber of the said poore [prisoners that are in a more (fn. 2) ] deplorable condition and deserve to be relieved by the said Act and were really and truely Prisoners att the day referred to in the said Act though the said Sheriffs Goalers or Keepers of the respective Prisons have refused to swear for them either out of a pretended scruple of conscience that they cannot take the said Oath or because they had not money enough to give them. For remedy whereof Be it enacted by the King and Queens most excellent Majesties by and with the advice and consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by Authority of the same That the aforesaid Acts be revived and that the said Oath in the said Act of Parliament contained shall for the future be abolished and instead thereof the Oath herein after mentioned shall be the Oath to be tendred to the Sheriffs Goalers and Keepers of Prisons.

New Oath.

I A. B. do swear That I have examined the Comittments or Books belonging to the said Prison and that by them it doth appeare that. I. S. was really and truely a Prisoner in the custody of the then Goaler or Keeper of the Prison of. D. [Prison (fn. 2) ] in the County of. C. without [any (fn. 2) ] fraud or deceit by me or any other to my knowledgeor belief att or upon the Eight and twentieth day of November in the yeare of our Lord God One thousand six hundred and ninety.

II. Sheriff refusing the Oath.

Penalty.; Quarter Sessions may examine the Matter upon Oath;; and to discharge Prisoner, if truly a Prisoner.

And be it further enacted by the authority aforesaid That in case any Sheriff Goaler or Keeper of Prison shall refuse to take the said Oath hereinbefore appointed to be taken [he being thereto required unlesse it shall appeare by the Comitments and Books belonging to the said Prison that the person for whom such Oath is required was not really and truely a prisoner in the custody of the said Goaler and Keeper according to the tenour of the Oath abovemenc[i]oed and that otherwise the said Goaler or Keeper Goalers or Keepers for his or their so refuseing to take such Oath shall forfeit and pay to such prisoner so about to be discharged and released from prison and thereby detained the value of such debt or debts for which hee or she shall be imprisoned to be recovered by Action of Debt in any of their Majesties Courts of Record And (fn. 3) ] that then and in that case upon complaint of the prisoner the Justices of the Peace of the County City or Towne where the prison lies att their Quarter Sessions shall have power to examine the said matter upon Oath of any other persons which Oath they are hereby impowered and required to administer And if it shall appeare upon the said examination to them or the major part of them there present that the said prisoner was really and truely a prisoner on the said Eight and twentieth day of November in the said yeare of our Lord God One thousand six hundred and ninety that then the said Justices or the major part of them may and shall discharge the said prisoner and prisoners so as they may have the full benefitt of the said Act of Parliament notwithstanding the Sheriffs Goalers or Keepers refusal of the said Oath any thing in the said Act of Parliament for relief of poor prisoners to the contrary in any wise notwithstanding.

III. Sheriff or other Officer taking above 6s. 6d.

Penalty.

And be it further enacted by the authority aforesaid That noe Sheriff Goaler or Keeper of Prison or person any ways interessed therein nor any Clerk of the Peace or other Officer directly or indirectly by himselfe or any other shall take of any prisoner to be discharged by virtue of this Act any Chamber Rent Fee or Reward whatsoever for all or any matter or thing relateing to his said discharge above the su[m]m of six shillings and six pence in the whole upon paine of forfeiting the value of the debt to be recovered as aforesaid and upon [further (fn. 4) ] paine of being proceeded against as Extortioners any Law Act of Parliament or Usage to the contrary in any wise notwithstanding.

IV. Justices, Clerks, &c. taking Fee for signing Warrant, or undue Fee for Copy of Causes; Penalty.

And be it further enacted by the authority aforesaid That no Justice of the Peace his Clerk or Servant shall take of any Prisoner for signing his warrant and su[m]mons any Fee or Reward whatsoever nor any Clerk of the Papers or other Officer that shall make out any Copies of Causes for the said Prisoner shall take for any such Copy of Causes above the sum of Foure pence upon pain to be proceeded against as Extortioners as aforesaid.

V. Proviso for Debts since 28th Nov. 1690.

Provided always and be it enacted by the authority aforesaid That noe Debtor shall by virtue of this or the aforesaid Act be discharged of and from any debt contracted by such Debtor since the Eight and twentieth day of November which was in the yeare of our Lord One thousand six hundred and ninety.