House of Commons Journal Volume 7: 5 October 1653

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.