[A1641/8/161]*[print] [email] [cite] [preceding] [following]
Act regarding the incarceration of poor people†
Our sovereign lord and estates of parliament, understanding that there are diverse poor persons taken and apprehended by virtue of letters of caption and for riots, thefts and other wrongs committed by them and put in prison within his majesty's jails and prison houses, and oftentimes upon the malice of the debtors and others to whom they have done wrong for not having means to maintain themselves, are forced either to perish through famine or lie a burden to those to whom the said jails and prison houses do appertain. For preventing of which uncharitable and rigorous dealing, our said sovereign lord, with advice and consent of the said estates, statutes and ordains that all poor persons taken and incarcerated within any of his majesty's jails and prison houses shall be maintained upon the expenses of the installers in allowing to them 3s Scots money daily. For payment whereof, ordains the said persons, installers, to find caution at their committing to prison the said poor persons to the keepers of the said jails and prison houses, and in case of refusal or non-payment of the said sum, our said sovereign lord, with advice and consent foresaid, declares that it shall be lawful to the said keepers of the said jails and prison houses to refuse the said prisoners or to set them at liberty, for the which the said committers shall have no action against the keepers of the said prison houses, which his majesty, with advice and consent foresaid, discharges in all time coming.
16 November 164
Read and taken to be advised until tomorrow.
17 November 1641
Read in audience of the king's majesty and estates of parliament, who remit the consideration hereof to the secret council.
[John Elphinstone, lord] Balmerino, in presence of the lords of parliament†