Wednesday, the 5th of October, 1653.
Relief of Creditors &c.
THE House this Day resumed the Debate upon the
Act for Relief of Creditors, and poor Prisoners.
Resolved, That the Time for the Continuance of this
Act, shall be until the 1st of October 1654, and no longer.
A Proviso was tendered to this Bill, in these Words;
"Provided nevertheless, and it is hereby enacted, That
all Acquittances, and all other lawful Discharges, made
really and without Fraud, by any Prisoner, for any Rent
due to such Prisoner before the Passing of this Act, shall
remain of like Force and Effect in Law, as if this Act had
not been made:" Which was twice read; and, upon the
Question, agreed; and ordered to be Part of the Bill.
Another Proviso was tendered to this Bill, in these
Words; "Provided that this Act, or any thing therein
contained, do not extend to the Estate of John Pollard, as
to his Engagements for Sir Peter Temple, late deceased:"
Which was read the First time.
And the Question being put, That this Proviso be read
the Second time;
It passed in the Negative.
A Clause was tendered to this Bill, in these Words;
"And whereas divers Women in this Commonwealth
had allowed unto them, by virtue of several Acts, Ordinances, and Orders of Parliament, the Fifths, or Jointures, out of their Husbands Estates, who have been
declared Enemies and Traitors to the Commonwealth:
And forasmuch as the said Women have and do take up
several Goods and Monies, and are not liable to be sued
at Law for the same; Be it Enacted, That the Commissioners herein named shall have Power, in their respective
Counties and Places, to summon all such Women, and
cause to answer the Complaint of their several Creditors:
And if sufficient Proof shall be made, that such Women
have taken up, on Credit, either Money or Goods for their
own Use, that then, in all such Cases, it shall and may
be lawful for the respective Commissioners to sell, assign,
or convey so much of their Fifths, or Jointure, as will
satisfy the said Debt or Debts; any Law, Custom, or
Usage to the contrary notwithstanding:" Which was read
the First time.
And the Question being put, That this Clause be read
the Second time;
It passed in the Negative.
Another Clause was tendered to this Bill, in these Words;
"And it is also Enacted, That the said Judges hereby
authorized to hear and determine of Matters touching
Prisoners in the Upper-Bench Prison, Fleet, Gatehouse,
and White-Chapel, or any Three of them, shall and may
take Order with, and sell and dispose of all the Estate
belonging to Sir Peter Temple Knight and Baronet, late
of Stow, in the County of Bucks, deceased, which was in
his own Power to sell and dispose the 3d Day of November
1640, or at any time since; at which time, he, being a
Member of the late Parliament, granted a Protection to
John Pollard, now Prisoner in the Fleet, for the said Sir
Peter Temple's Debt, to free him from Arrest and Proceed; do and act touching the said Sir Peter Temple's
Estate, and Trusts of Estate, and all Frauds and Concealments of the same, as if he were Prisoner in any of
the said Prisons, and had become Bankrupt the said 3d
Day of November 1640; and shall and may execute all
such Powers, by making of Leases of, and selling and
disposing of, Woods and Timber upon, and raise any
other Profit out of all, or any Part of the Estate, late of
the said Sir Peter Temple; as fully, as the said Sir Peter
Temple himself might lawfully have done in his Life-time,
for the Satisfaction of the Creditors of the said Sir Peter
Temple, and Relief of the said Pollard:" Which was read
the First time.
And the Question being put, That this Clause be read
the Second time;
It passed in the Negative.
Another Clause was tendered to this Bill, in these Words;
"And it is Enacted, That this Act shall extend unto the
Town of Berwick upon Tweed; and that Sir Wm. Selby
Knight, John Mayre Esquire, John Sleigh, and Thomas
Watson, Alderman of the said Town, and Ralph Salkeld
Esquire, shall be Commissioners for the said Town; and
they or any Three of them, shall have full Power to put in
Execution, within the said Town, all and every the Powers
and Authorities in this Act contained, in as full and ample
manner, to all Intents and Purposes, as the Commissioners
abovenamed, for any of the Counties within England or
Wales, may or ought to do; any former Law, Statute,
Usage, or Custom to the contrary notwithstanding:"
Which was read the First and Second time; and, upon the
Question, agreed; and ordered to be Part of the Bill.
Resolved, That, for the County of Salop, instead of
"Thomas Kettleby," "Edward Cresset," be inserted.
The Question being put, That John Hubard shall stand
in the Bill for Norfolk;
It passed with the Negative.
Resolved, That "Thomas Toll Gentleman" be inserted
into the Bill, instead of "John Hubard."
Resolved, That, instead of "the First Day of May,"
in this Act, there be inserted "the First Day of April."
Resolved, That, for Cambridge, "Francis Russell" be
inserted, instead of "Thomas Bennett."
Resolved, That "Jonathan Rich Alderman of Chester"
be inserted for Chester.
And the Bill, with the several Amendments, and the
Provisoes and Clauses, being put to the Question, passed:
And ordered to be printed and published.-
Leave of Absence.
Resolved, That Mr. St. Nicholas have Leave to be
absent for a Week.-
Relief of Creditors, &c.
Resolved, That a Letter be prepared, to be signed by
the Speaker, and sent to the several Commissioners in
this Act: And that the Committee for Prisons and Prisoners do prepare such a Letter; and the Speaker sign
the same.
Pollard's Petition.
The humble Petition of Katharine Pollard, Wife of
John Pollard, a Prisoner in the Fleet, was this Day read.
Resolved, That this Petition be committed to the Committee for Prisons, with Power to examine the Business,
and state Matter of Fact; and report the same to the
House, with their Opinion therein.