House of Commons Journal Volume 11: 30 December 1696

Journal of the House of Commons: Volume 11, 1693-1697. Originally published by His Majesty's Stationery Office, London, 1803.

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'House of Commons Journal Volume 11: 30 December 1696', in Journal of the House of Commons: Volume 11, 1693-1697, (London, 1803) pp. 641-647. British History Online https://www.british-history.ac.uk/commons-jrnl/vol11/pp641-647 [accessed 19 March 2024]

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In this section

Mercurii, 30 die Decembris;

8° Gulielmi Tertii.

Prayers.

Ease of Sheriffs.

ORDERED, That Sir John Bucknall and Sir Henry Goff be added to the Committee, to whom the Bill for the Ease of Sheriffs in passing their Accounts, and Execution of their Offices, is committed: And that the said Committee have Leave to sit de die in diem.

Courtney's Estate.

A Petition of Dorothea Tresusis, Spinster, was presented to the House, and read; setting forth, That there is a Bill depending in the House, to enable Trustees to sell the Estate of Humphry Courtney, late of Tremeere in the County of Cornwall, Esquire, deceased, for Payment of his Debts: That the said Mr. Courtney was, in his Lifetime, indebted to the Petitioner 300 l. upon Bond: And praying, That the Payment of her said Debt may be provided for by the said Bill, if it pass.

Ordered, That the said Petition do lie upon the Table until the said Bill be read a Second time.

Excise Duties.

A further Petition of the Company of Brewers of London was presented to the House, and read; setting forth, That the Petitioners lately petitioned the House to be relieved from several Exactions practised by the Commissioners of Excise, and their Agents; which being referred to a Committee, the Petitioners are advised, That the said Committee have only Power to examine the particular Matters contained in the said Petition: That, among many other Hardships the Petitioners are aggrieved by the Payment of a double Duty for all Liquors returned from their Customers; which the said Commissioners pretend a Power to exact, under Colour of some Clauses in the several Acts of Parliament concerning the Excise: And praying, That they may be relieved against all manner of Exactions, in relation to the Duty of Excise, as the House shall think fit.

Ordered, That the Consideration of the said Petition be referred to the Committee, to whom the former Petition of the said Company of Brewers is referred: And that they do examine the Matter thereof; and report the same, with their Opinion therein, to the House.

Ordered, That the said Committee do also examine the Matter of the other Petitions referred to the Consideration of the said Committee; and report the same, with their Opinions, thereupon, to the House.

Prisons and pretended privileged Places.

Mr. Pocklington reported from the Committee appointed to consider how the Abuses of Prisons, and other pretended privileged Places, may be regulated; and to report their Opinion therewith to the House; That they had taken several Examinations, in relation to the Matters to them referred; and had thereupon come to several Resolutions; which they had directed him to report to the House; and which he read in his Place; and afterwards delivered in at the Clerk's Table: Where the same were read; and are as follow; viz.

That Mr. Percival Brunskill said, He was employed as a Solicitor betwixt Mr. Bromhall, an Infant, and Mr. Tilly, to procure an Act of Parliament, to enable Bromhall to sell his Interest in the Fleet Prison: And, accordingly, a Bill was brought in, which passed into an Act: and that Tilly did say, as Brunskill was informed, He obtained that Act by Bribery and Corruption.

Mrs. Ann Hancock said, That, on the 19th January 1694, she went to Mr. Tilly, the Warden, or DeputyWarden, of the Fleet Prison, to desire that he would not protect Mr. Francis Guy, his Clerk of the Papers; who, she said, was perjured: But Mr. Tilly answered, He had Occasion for such Men; for that the Rules of his Prison extended to the East and West-Indies; and when any Person was sued to an Execution, he could but look over the Bar, and have Two Witnesses to swear he was then actually in Prison, though he was 40 Miles off: She then asked Mr. Tilly, What he would do, if this Matter was brought into the Parliament-House? To which he said, What would you do there? For them, I can do what I will withall, they were all such a Company of bribed Villains; that, to his Knowledge, they would all take Bribes; and that it cost him 300 l. for his Share, and 300 l. for the other Shop, meaning the King's-Bench, for bribing a Committee of the last Parliament: She then said, If it was so, She must go into the House of Lords: To which he replied, It was only palming Five or Six talking Lords with 100 Guineas apiece, and they would quash all the rest: Then she said, She must apply to the King and Council, and see what they would do: To which Tilley answered, That the best of my Lord Keeper's Perquisites were what he gave him; and as for the Judges, they were all such a Parcel of Rogues, that they would swallow his Gold faster than he would give it them; and as for the Members of the House of Commons, What would she do with them? for a great many of them were Members of his House:

Prisons and pretended privileged Places.

That about Two or Three Years since, Tilly told her That he wished there was a Rebellion; for he could turn out 2 or 3,000 stout Men, who would fight bravely for King James: And that he would undertake to bring Three Men out of the Fleet, One of which should say, That he saw the Money brought; and the other Two should swear, That They saw the Money paid: And that if he could but see her Name written, he could so counterfeit it, that she should not know the Difference:

That she had formerly done very good Services for Mr. Tilly; which occasioned him to talk so freely with her.

Mr. John Gilbert said, That he has often heard Mr. Tilly say, in Conversation, talking of the Committees of the House of Lords, and House of Commons, That he did not fear them, as long as he had Money; for that he had several Friends amongst them, which he could bribe: And, if he could but get Money, he did not care how he came by it: That, travelling to Cambridge with Mr. Tilly, he frequently discoursed of his bribing the Committees of both Houses.

Mr. Walter Hobson, late Clerk of the Papers to the Fleet, being asked, If he never heard Mr. Tilly say, That he had given Money to stop Proceedings in Parliament? said, He did not remember, that he ever heard him say so: But one Francis Duncomb, a now Tipstaff to the Fleet declared, That he had carried 2 or 300 l. to the Parliament-House.

Mr. Maddox, a Tipstaff, said, That Duncomb being absent from his Business in the Fleet, some time last Parliament, when Alderman Waller was Chairman of a Committee the Informant asked Duncomb where he had been? To which he replied, That he had been with 2 or 300 l. at the Parliament-House: And being further asked, What he did with it there? he answered, He could not tell who had it; but they had it amongst them.

Francis Duncomb denied, that he ever had any Money to carry to the Parliament-House; or that he ever had any such Discourse with Hobson or Maddox:

But they both justified it to his Face: And Hobson further said, That he had heard Duncomb say to that Purpose Six or Seven times.

That, to the Credit of Duncomb,

Mr. George Townsend, an Attorney, said, That a Habeas Corpus was brought to remove a Prisoner from the Marshalsea to the Fleet, who was removed by Duncomb; and the Name of the first Prisoner was rased out, and another Name inserted in the same Habeas Corpus, to remove another Prisoner: This was supposed to be done by Duncomb, whom Mr. Townsend summoned to appear before my Lord Chief Justice to answer the said Abuse; and offered him Money, not to prosecute; but Duncomb produced an Affidavit of one Coxhead, who had forged the Stamp, and absconded thereupon, thereby owning that he made the Rasure; but afterwards Coxhead told the Informant, That he did it by the Direction and Persuasion of Duncomb.

Mr. Hobson said, That Duncomb made Affidavit, That one Mr. Day, being his Prisoner, was rescued from him by some Gipsey-Women, as he was bringing Day to Town: But Mr. Day afterwards said, there was no such Thing.

That, to the aforesaid Informations, Mr. Tilly answered;

That, as to Mrs. Hancock, she told him, That, if he would not pay Guye's Debt to Mr. Gilbert, she would be revenged of the Informant: And, as to her Credit, she robbed her Husband on the Road, in Man's Cloaths; and lives in Adultery with the said Gilbert: And can bring a Hundred Witnesses to invalidate her Testimony:

That what Duncomb said he hopes it shall not affect him; Mr. Townsend having given him his Character:

And denied the whole Accusation in general.

Mrs. Hancock said, That, on Monday the 21 December, since her former Examination, Major Walden came to her, from Mr. Tilly, and told her, That if she would not give Evidence against Mr. Tilly, he would pay Gilbert's Debt, and give her 100 l. besides: And the Major came to her a Second time, and told her, Tilly's Money flew about like Feathers out of an opened Feather-bed in a windy Day; and that he could not pay her all, but she should have it in a Day or Two; and came again, on Wednesday Morning, the 23th of December, before this her Information, and told her, If she would then forbear to give her Evidence, she should have the Money on the Morrow, or within a Day or Two: And the Informant asked the Major, Why he was so zealous for Tilly? Who answered, He was a Prisoner in Execution, and was obliged to serve him.

Mrs. Kelly said, That Mrs. Hancock lodges at her House; and that, on the 22th Instant, at Night, Major Walden came to Mrs. Hancock; and the Informant heard him offer for Mr. Tilly to pay Gilbert's Debt, and give her 100 l. if she would not give Evidence against Tilly; saying, She should have a healing Salve for the Affronts Tilly had given her.

Mr. Gilbert said, That he heard Major Walden say to the same Effect; and that he came from Mr. Tilly.

That, to the Three last Informations, Mr. Tilly said;

That he knows nothing of the Matter; nor that Major Walden was out of Prison: And denies, he ever had any Order from him to make any such Offer, or treat with Mrs. Hancock; but, perhaps, the Major and Guy might have some Discourse or Contrivance to pay Gilbert his Debt: And that, it may be, they have heard Tilly say, he would give 100 l. that he might never more be troubled with Mrs. Hancock:

That Major Walden is a Prisoner in Execution; and therefore cannot bring him before the Committee; but desired the Assistance of the Committee, that he may be examined:

That Mrs. Kelly lives in White-Fryers: And that Gilbert must say what Mrs. Hancock pleases:

And that Tilly said, He had desired several Persons to attend the Committee, in order to his Vindication, who dare not appear, for fear of Mrs. Hancock.

That the Committee proceeded to inquire into the Abuses and Irregularities of the Fleet and King's-Bench Prisons;

And, First, The Fleet.

Mr. Brunskill said, That one John Evans was committed a Prisoner to the Fleet, at the Suit of Mr. John Jennings; and afterwards Evans was suffered to go at large; who went into the Country, and abused Jennings though he was then actually charged in Execution: Of which the Informant complained to Mr. Tilly; who said, He would fetch him in, if Brunskill would not bring a Habeas Corpus: But he did bring a Habeas Corpus; and then Tilly returned an Evasit: And, upon another Habeas Corpus, he was charged at the Bar, and named his Attorney, and received a Declaration: Upon which there was a Fiat Breve; and Evans was again suffered to go at large: And the Informant complained to Mr. Tilly of it; but he made slight of it; saying, That, in a Term, he would have Evans in again: So that Jennings, finding he should have no Benefit by his Prosecution, was forced to compound his Debt.

Mr. Walcot Hobson said, That in Trinity Term 1695, Mr. Fox, the late Warden, turned over the Prison to Mr. Church, the present Warden: At which time there was above One thousand Prisoners; but not above One hundred, or One hundred and Fifty, turned over; of which there is a Roll in the Common Pleas; and for which, only, the Warden thinks himself only chargeable in case of Escapes.

That Mr. Tilly, in Fox's time, as well as now, was the chief Manager of the Prison; and made Contracts with the Prisoners; and receives the Perquisites, and Rents; and gives all Orders in the Fleet: And knows, That Mr. Tilly, and his Agents, have received 10, 20, and 30 Guineas a Man, for Liberty: And that where One goes out, by virtue of a Day-Writ, Forty go abroad without it: And cannot say, That Prisoners in Execution have Leave to go out of the Rules; but the Warden does connive at it, and often knows that they do so.

Major Richardson knows, That Mr. Tilly frequently lets Prisoners out at large, who are charged in Execution; and, particularly, one Thomas Pitcher, who being Tenant to Lands, Part of a Charity demised to him by the Company of Haberdashers, and in Arrear of Rent, the said Company sued him to an Execution, for 388 l. with which he was charged in the Fleet, in Trinity Term last: That the Informant went to Mr. Church, to desire that Pitcher might be kept a close Prisoner: Who promised he should: But Mr. Tilly, who assumes all the Power of the Fleet to himself, presently gave Pitcher Liberty; who went into the Country, and entered on the Premises, dug up Clay and committed Waste; and has gone where he pleases ever since June last: By which Liberty he conceives the Poor are like to lose their Debt:

That it is the Custom of the Warden and Marshal, when they enter into their Places, to have some few Prisoners turned over to them, that are in Custody; and inquire for such as are at large; and, if they have any Money, they send for them in, and squeeze Money out of them; and then give them their Liberty again:

That one Hudson, a Player, was committed, in Execution, for 20 l. at the Suit of one Weeks, a poor Man: And Hudson had his Liberty; but told Weeks, It cost him 100 l. to the Warden of the Fleet; but did not pay the Debt:

That he thinks it very requisite, That the Fees of all Prisons should be settled: For that he knows a poor Man, that now is a Prisoner in the Gate-house, that pays 16s. a Week for a Room: And also, That the Inheritance of the Prison should be made liable to Escapes.

Maddox said, That Pitcher had, for a Fortnight last, for the most part, been at the Informant's House, which is within the Rules of the Fleet.

Mr. Tregonea, an Attorney, said, That, in 1694, one John Scoltock, an Ironmonger, being in Debt, communicated his Circumstances to one Jordan, an Agent for Mr. Tilly, who advised him to carry his Goods into the Fleet, and there both his Body and Goods should be protected: Accordingly Scoltock carried in about 200 l. worth of Goods; and Mr. Tilly let him a Room at 6s. per Week, wherein he put his said Goods, and locked them up, and kept the Key: That Tilly agreed to lett Scoltock a House, to carry on his Trade in, at 20 l. per Annum Rent; and took 5 l. for a Quarter's Rent before-hand; but, another Person being in Possession, Scoltock could not have the House, without paying him a Consideration: That Jordan procured a Warrant of Protection from Mr. Fox to Scoltock, appointing Two of his Sons, and several others, to be his Keepers, which cost him about 2 l. 16s. 4d. (which was shewn to Tilly, who believed it to be Fox's Hand): But Scoltock, finding himself abused by Mr. Tilly, left the Fleet (not being a Prisoner), and sent his Wife to demand the said 5 l. and the Goods; but Tilly told her, The Service he had done her Husband was worth 50 Guineas more; and he expected so much; and would not part with the Goods till the same was paid:

That the Door of the Room where the Goods were locked up was broken open, and most Part of them gone, by Mr. Tillye's Order, as Mrs. Scoltock told the Informant; of which she made Affidavit before Judge Rokeby; who seemed to be of Opinion, That breaking open the Door, and taking away the Goods, was Felony:

That Scoltock moved the Court of Common-Pleas against Fox and Tilly for the Goods, and 5 l.; and obtained a Rule of Court for them; and received the 5 l. and some of the Goods:

And said, all Prisoners were committed to Fox, as Warden; but he could do nothing without Tilly's Leave:

That one Mrs. Drinkwell had a Debt due from one Conyers; who was sued to an Execution, and committed to the Fleet thereupon: But Conyers made his Terms with Tilly, or his Agents; and was at Liberty, and seen every Day in the Streets without ever going into the Fleet; as Conyers told Mrs. Drinkwell; and that it cost him 40 Guineas for his Liberty: That Mrs. Drinkwell brought an Action of Escape against Fox, and with much Cost and Delay, recovered Judgment: But then Fox surrendered to Church, and went away; there being, at that time, about 12 Judgments against him, for betwixt 2 and 3,000 l.: And said, He had rather take 12d. a Week for a Debt of 50 l. than commit a Prisoner to the Fleet: Though, at last, Mrs. Drinkwell did get her Debt, through Favour.

Mrs. Scoltock affirmed what Mr. Tregonea said, concerning her Husband, to be true:

And further said, That Jordan told her, That Mr. Tilly had sold several of her Husband's Goods to one that lives at the Angel in Moorfeilds: And the Informant saw several of the Goods carried away in a Cart, and then demanded them of Mr. Tilly; but he said, She should have none of them; and never had above 10 l. worth of 200 l. back again.

Mr. Tilly said, That he thinks himself no more liable to answer for Goods brought into the Fleet, than my Lord Nottingham is for those brought into White-Fryers: Scoltock agreed to take a House at 20 l. per Ann. Rent, and paid 5 l. before-hand; for which he had a Rule of Court, and it was repaid: But knows not who broke open the Door, nor what became of the Goods lost.

Mr. Hobson said, That it is the constant Practice to take yearly 2 or 300 Persons, as he believes, into the Protection of the Fleet, though they were never arrested or committed: And that he has often heard Mr. Tilly say, That, for 10 or 20 Guineas, he could make a new Warden, when he pleased: And has heard, and believes, several Persons were sent about the Rules, to raise Contribution-money of the Prisoners, to obstruct a Bill from passing in the late Parliament; and one Mr. Rossiter, a Prisoner, said, He gave Two Guineas towards it: And Mr. Lentall, a Prisoner at large, was fetched into Prison, and a Note was gotten by Jordan and Mr. Lucy from him, by Mr. Tillye's Order, as the Informant has heard, for 100 or 150 l. towards obstructing the said Bill: And Spencer, the Turnkey, said, The Note was made payable to Tilly; and Hobson believes the Money was paid:

That Mr. Fox said, Tilly told him, He had bought a repeating Clock, or Watch, to present to Aldermen Waller, the Chairman of the Committee: This Mr. Fox told Hobson:

Believes, That in Two Years time, while Fox was Warden, Mr. Tilly made about 8,000 l. in Gratuities, Chamber-Rents, Commitment-Fees, and other Perquisites; for that he takes 20 or 30 Guineas a Man for Enlargement; as he has owned: But Mr. Manlove took only a Commitment-Fee:

That one John Tucker was turned over, in Execution, to the Fleet, and the Commitment pretended to be lost; and so he was suffered to go at Liberty:

That he has torn out several Leaves of the Commitment-Book, by Tillye's Order, of, he believes, 150 Commitments, to prevent discovering what Actions there were against the Prisoners:

That Sir Thomas Williams was committed a Prisoner, in Execution, and no Entry made of his Commitment; but he was suffered to go at Liberty, without ever putting him into the Fleet: And believes, There are about 200 Prisoners out at large, who are charged in Executions, whose Debts amount to more than the Inheritance of the Fleet is worth:

That, by Mr. Tillye's Orders, he has several times returned, upon an Habeas Corpus, Null' Prisoner'; though he was in Prison at several Suits:

That several Judgments were obtained against the late Warden Mr. Fox; to some of which he brought Writs of Error, being never unprovided of Persons that would be Bail for 20 or 40s. Reward; which one Windus, of the Fryers, and one Mr. Newbery, used to procure; such as John Collingwood, and Two Tudors, and some others whom he cannot name; but they would swear themselves of Value, though not worth a Groat:

Prisons and pretended privileged Places.

That, when he belonged to the Fleet, he used to go, or send, to several of the Prisoners, to know if they would have Day-Writs; and, particularly, to Mr. Rossington, and Mr. Pitts; who answered, That they had agreed with Mr. Tilly, and went where they pleased without them, or a Keeper; which is an Escape: And Tilly used to reckon it a bad Day's Work when he did not get 20 l.

Mr. Braddon said, That, about a Week since, one Mr. Reddock, a Yorkshire Attorney, told him, That Mr. Fox came into Yorkshire, to look after his out-lying Deer, meaning Prisoners at large, who had his Protection-Warrant; and, if any Person was under Apprehension of Arrest, 'twas but agreeing with him, and taking such a Warrant, and entering it with the Sheriff of the County, and then the Debtor was safe; for 'twas in vain to take out Process in any inferior Court to the Common-Pleas; because the Person was looked upon to be a Prisoner in the Fleet.

Mr. Praed said, That he obtained a Decree in Chancery against one Mr. War, for 6,000 l. who was committed a Prisoner to the Fleet, by Process of the Court of Chancery, for Non-payment of Costs, about Three Years since; and, soon after his Imprisonment, Tilly came to Mr. Praed, and desired that he might have the Management of War, and he should get a Peny out of him; saying, He would be discharged of course, if he would pay the Costs: That War has ever since had his Liberty; Tilly owning he had a considerable Gratuity for it: But Mr. War about a Month ago, sent his Son to Mr. Praed, to tell him, He was weary of Tilly's Usage; who had had of him 100 l.; and desired to make an end with Mr. Praed; but nothing is yet done.

Mr. Thomas Gery said, That there are Articles made between Church and Ford, in Trust for Mr. Tilly, touching the Fleet: That Tilly agreed to grant a Lease, for Seven Years, of the Fleet, to Church, and Francis Gery, the Informant's Brother, who were to be Partners, for 1,000 l. Fine, and 1,500 l. per Annum Rent; and Church was to pay 400 l. and Gery 600 l. of the Fine: That, accordingly, the Lease was executed, and Gery paid his 600 l. to Tilly; but, Church failing to pay his 400 l. Mr. Tilly cancelled the Lease, and refuses to pay back the 600 l. to Gery, to this Day: That this Matter was agreed to be referred to the Arbitration of Mr. George Townesend; and the Parties were to be bound in 1,000 l. Bonds, to stand to the Award; but, when they came to enter into Bond, Mr. Tilly refused to execute his.

Mr. Townesend said, He has seen the cancelled Lease; but knows not by whom it was cancelled: And believes Gery has been much abused; and that he never had his Money again.

Mr. Tilly said, That there are Accounts between him and Gery: And that Gery has brought his Bill in Chancery, to be relieved; and therefore, he thinks, his Demands, being on private Contract, are not properly before the Committee.

Mr. John Stone, an Attorney, said, That he has sued the present Warden Church to an Execution, for 45 l. for the Escape of one Proudfoot; but could have no Satisfaction till the last Term, when he received 20 l. Part of it, from Church and Tilly, after about Two Years Prosecution:

That he has turned over a Prisoner to the Fleet at Night, and the next Morning he has gone and found no such Prisoner there: And has brought many Habeas Corpus to bring up a Prisoner to the Bar; but could never have them brought up.

Mr. Weeks said, One Hudson, a Player, owed him 30 l.; for which he sued him to Execution, and he was committed a Prisoner to the Fleet; but soon after had his Liberty, and frequently acted at the Playhouse; of which he complained to Mr. Church; who said, Hudson was Mr. Tillye's Creature: Then Weeks went to Tilly, and asked him, Why he did not take him up? He swore, God damn you, take up the Warden! You Tradesmen are all Cheats: But, at last, Tilly said, He would take him up: And afterwards Hudson agreed to pay 10 l. down, and 20s. a Week, till the Debt was paid; but did not perform his Agreement: And Hudson told Weeks, That it had cost him, at times, about 100 l. to the Warden, and his Agents, for his Liberty.

Tilly said, The Warden had Security for Hudson's true Imprisonment; and offered Hudson's Affidavit, as Evidence; but the Committee did not think fit to receive it.

Mr. Joseph Dell, Attorney, said, That he had brought several Habeas Corpus to the Fleet, of which he could get no Return; but, if the Court be moved, perhaps may get a Return of One in Three.

Mr. Turton, Attorney, said, One Charles Turner was a Prisoner in the Fleet, as he was informed; and Turton went to the Fleet, to charge him with an Action; but 'twas denied there was any such Prisoner; though, soon after the Act for Relief of poor Prisoners, they owned Turner to be a Prisoner, in order to have him discharged:

That one Miles Larkin, after Three Habeas Corpus, was charged in Execution; notwithstanding which he continues at his House in Chelsea; and tells his Creditor, He will live there in spite of this Teeth; but, on Sunday was Sevennight, he was setched into the Fleet, to satisfy the Committee of his Imprisonment, as he supposes:

That Colonel Dean was taken in Execution at the Suit of one Edwards, and carried to the Horn Tavern; and there let go at Liberty, without ever being carried to the Fleet:

That he brought a Habeas Corpus to charge one Man in Execution; but he is suffered to go into the Country; so that he has no Fruit of it.

Mr. Peter Courtney, Attorney: That he took one Trodue, in Execution, for 20 l.; who was committed about Three a Clock in the Afternoon, and about Five, the same Day, came to the Informant's Chamber, and abused the Plaintiff; who afterwards moved the Court, and had a Rule to keep him in arcta Custodia; upon which, the Defendant was taken up, and paid his Fine; and immediately was let loose again, and is now at Liberty:

That he had Mr. Henry Killigrew in Execution, for 400 l. who is seen abroad every Day, though the Debt is not paid.

Mr. Dell said, That he has an Action of 300 l. against the said Mr. Killigrew: And that there are several Executions against one Pollexfen; who has his Liberty, though charged therewith

Mr. George Norcott said, He had one Winn, a Prisoner, charged in Execution for 20 l. 10s.; and that he is at Liberty; and has taken a Lodging just under the Plaintiff's Nose.

To these Complaints, in general, Mr. Tilly answered;

That he had purchased the Inheritance of the Fleet, under the Title of an Act of Parliament:

That he has satisfied all or most Actions for Escapes made in Foxe's time; being engaged for him: And that there may be some few since; for Recovery whereof the Law is open; and believes, The Inheritance of the Fleet is liable to make satisfaction: And that he has been concerned therein about Three Years.

As to the King's-Bench Prison;

Mr. Bradford said, That he employed Mr. Courtny to sue William Sutton, at the Suit of one Mr. Axton; and he was charged, in the King's-Bench, with an Execution, for 1,200 l.; and yet is suffered to go at Liberty; and has been seen at Jonathan's Coffee-house, and at Westminster; and was lately at the Lord Chief Justice's, for a Warrant; and tells Bradford, He will never pay him One-Peny: And that he can never get any thing of him.

Mr. Blower, the Deputy-Marshal, said, That an Action of Escape is brought against the present Marshal, Mr. Taylor; who is a Man of an Estate sufficient, and ready, to answer that Matter, if recovered:

And said, That Taylor had not been Marshal above Seven or Eight Months; and does not suffer any Prisoners in Execution to go at large; nor any others, without giving Security, except such whose Debts are under 5 l.: And that Taylor is the real Marshal, and has the sole Profits of the Prison; and keeps the Books, and Custody-Bonds; and the Informant acts for him in his Absence, and has a Salary from him for his Service; and has given Security for the due Execution of his Office, as Deputy.

Mr. Taylor said to the same Effect: and that Blower only acts for him in Term-time, when he is obliged to wait on the Lord Chief Justice; for which he pays him a Salary: And that Blower has given him personal Security, to the Value of 4,000 l.; and has a Power to give Notes for Liberty to Prisoners:

But the Marshal and Blower being asked the Names and Nature of the Security, they said, It was by Bond; but refused to discover the Persons Names.

Mr. Foot Onslow: That, about Eight Months since, he went to the King's-Bench Prison, to charge one Isaac Butler in Execution, who was a Prisoner in Briggs' time; but the now Marshal said, He had no such Prisoner; for that he had but 25 Prisoners turned over to him by the late Marshal; and Mr. Onslow telling him he would complain to the Parliament, he made light of it.

Mr. Whiston said, That Blower told him, He was the Marshal of the King's-Bench, and paid Mr. Lentall 1,500 l. per Ann. for the Office; and that Mr. Taylor was only sworn in to take him off from Escapes: This Blower said at Richmond, as he was at Dinner, before many others; of which Whiston offered to make Oath.

Blower owned he dined with Mr. Whiston; but denied the Discourse aforesaid.

Mr. Joseph Dell said, That he has often brought Actions against Prisoners in the King's-Bench; and that, in 1689, he brought an Action against one Benjamin Kellow, and charged him in Execution: but he was let at Liberty; and then Dell was forced to bring an Action of Escape against the then Marshal; and had Judgment against him; but he brought a Writ of Error, and afterwards a Bill in Chancery; and, when he could stand it out no longer, he quitted the Office; and another Marshal was sworn in; and, after that, several others; so that the Plaintiff could have no Effect of his Judgment, which cost about 150 l. in prosecuting, though the Debt was but 100 l.: And said, He has been served so Three or Four times by the Marshals: So that a Man had better lose his Debt than sue the Marshal for an Escape:

That Kellow, during the time of his being a Prisoner in the King's-Bench, was taken in Kent for robbing on the Highway:

That Farrington has all Briggs' Securities; yet will pay none of the Judgments recovered against Briggs; and Farrington, last Term, employed Mr. Watts, an Attorney, to file about 30 Declarations, as Dell believes, against Persons, for Chamber-Rent, as due to Briggs.

Mr. Watts owned, That he was employed to sue for Chamber-Rent due to Briggs:

And being asked, Who had the Profits of the Office in Briggs' time, whether he or Farrington? he answered, That as he was an Attorney, he must not discover his Clients Secrets: But, being pressed to it, he said, He did not know but that Briggs' Security-Bonds were all at Farrington's House.

Mr. Dell said, That it's a common thing for Blower and the Marshal to send for Prisoners, that were discharged in Briggs' time, under Colour of a fresh Pursuit; and break up their Houses, and bring them into Prison; particularly, one Tho. Witherden, from Tunbridge-Wells, was served so.

To which, Blower only answered, That he has agreed that Matter.

Mr. Dell said, That, if a Person sues a Prisoner in the King's-Bench to Execution, the Officers there teach the Prisoner to put in dilatory Pleas; whereby Judgment cannot be gotten under 14 or 15 l.: And this they do to discourage the Plaintiff from prosecuting, that the Marshal may not be liable to an Escape.

Mr. Whiston said, One Stevens, a Merchant, lately went, with his Goods, to the Value of 2 or 3,000 l. in Wines, which he run into the Rules; and had them under Protection of the Marshal; whereby the King was cheated of his Customs; and Blower bought them of him: And Whiston said, He can prove it by other Persons:

But Blower denied it.

That Two Letters, directed to Mr. Speaker, from John Lewis and Robert Lewis, Prisoners in the King'sBench, complaining of great Severities and Abuses committed by the now Marshal, and his Deputy, were read before them:

To which, Mr. Blower said, That John and Robert Lewis were committed for Non-payment of a Fine of 1,000 Marks apiece to the King, being convicted of Forgery and Perjury; for which also they stood on the Pillory: And, being informed, That they intended to make their Escape, by blowing up the Lock, the Informant searched, and found Two Pounds of Gunpowder in their Custody; and desired them to attempt nothing of that Nature again; but afterwards, about Three Months ago, they were heard talking again of making their Escape; of which Blower being informed, he found Ropes and Staples in their Chamber, which he supposes were to be made use of for that Purpose; and then did cause them to be brought from the common Side of the Prison to the Master Side, which is the stronger, and parted them into Two Rooms; where they have good Beds to lie on, without paying any thing for them: And said, That what was done was only to secure them; but he should be glad to be rid of them.

Mr. Reynolds, Deputy-Clerk of the Peace for Surrey, said, Several Prisoners of the King's-Bench, who were brought to the Quarter-Sessions of the Peace for that County, in order to their Discharge, pursuant to an Act for Relief of poor Prisoners, made Oath that they could not be brought up till they had paid Money to Mr. Blower, contrary to the said Act:

And delivered a Paper of their Names, and Sums by them paid.

Mr. Blower said, That he does not remember that any of those Prisoners paid him any thing for their Discharges; but believes Richard Brown, one of them, paid him about 27s. for his Liberty within the Rules; and that Sarah Fellowes, another of them, might pay him 30s. for Chamber-Rent before the Act took Place.

Mr. Francis Gery, as to the Fleet, said, That the Money with which Mr. Tilly bought his Office, was the Informant's; but can receive no Satisfaction for it:

That whilst he was Warden, which was but a little while, one White, who was a Prisoner at the Gatehouse for Debt, and a Creature of Mr. Tilly's, removed himself, by Habeas Corpus, to the Fleet; where he had Two Chambers assigned him by Mr. Tilly: and Gery, going to search the Rooms, found Utensils for Clipping and Melting of Silver there: That White was since convicted of Clipping, and got Reprieves, several times, as it is thought, by Tilly's means.

Hobson said, White was very great with Tilly; and received his Rents for some time.

Mr. Mathew Dove said, That his Brother-in-Law, Peter Wade, was a Prisoner in the Fleet; and, Mr. Tilly giving him his Liberty, he fell sick at Newington-Butts; and the Officers of the Fleet, viz. Mr. Tilly, Lucy, and Jordan, came to the House where he was, and made a Will, below Stairs, turning all the People out of the House; and then they made Wade execute it, though he had desired, that they might be kept out of his Chamber: By which Will he gave about 300 l. per Ann. to indemnify Fox and Tilly, and their Heirs, from all Escapes; and made Lucy his Executor, giving him the Remainder of his Estate; though Wade had a Son then living, of about Eight or Nine Years of Age: That the Informant entered a Caveat, at Doctors-Commons, against proving of the said Will; and has contested it; and the same is made void; but Tilly and Lucy have appealed to the Delegates; where the same is now depending.

Edward Wright said, That Colonel Plater, who lives in the Savoy, came to him, and asked Wright, If he was a Prisoner in the Fleet; for if he was, this was a proper time, to get himself clear there, if he could give any Evidence against Mrs. Hancock.

Mr. Francis Smith said, That one Alexander Smith, a Master of a Vessel, owed him Money, and put himself into the Fleet; but Tilly let him out immediately; and then Smith filed a Bill against the Warden; but Tilly bad the Plaintiff go on, if he would; for he should never get a Farthing:

That he had a Dutch Merchant in Execution in the Fleet, whom he took off the Exchange, who was soon suffered to go at large; and then the told the Informant he did not care a Fart for him, nor his English Laws.

As to the Savoy;

Roger Roberts, a Taylor, said, That he went to the House of Sarah Morgan, who keeps a Victualling-house in Somerset-house Yard, and sent for one William Hughes, who also keeps a Victualling-house in Dutchy-Lane, in the Savoy, in order to demand a Debt of 4 l. 5 s. which he owed Roberts, upon Bond; but Hughes came, in a riotous manner, with a Mob; which Roberts perceiving, would have made his Escape from them; but the said Sarah Morgan stopped him, and he was knocked down, and much wounded; and a Cane, Tobacco-box, and a Pair of Buckskin Gloves, taken out of the Room where he was; but yet all this did not satisfy Hughes, though Roberts offered to discharge the said Debt, and to spend 5 s. upon the Company, so he might have his Liberty; but they proceeded to pass Sentence upon Roberts, and, accordingly, stripped him stark naked, and besmeared him all over with Tar, and strewed Feathers upon him; then they tied a Rope about his Middle, and led him about the Savoy where they pleased; after that, they led him all along the Strand, crying out, A Bailiff! A Bailiff! and, in that Condition, tied him to the May-pole, where they made him kneel down upon his Knees, and curse his Father and Mother; and then they let him go: But, had not some charitable People taken Pity of the Informant, he believes the Mob had knocked him o' the Head, before he could get home, though he lived but in Milford-lane:

That Sarah Morgan, William Hughes, and one James Newton, and several others of the Savoy, unknown, were abetting and assisting to the Mob in this Abuse.

And that, upon the whole Matter, the Committee came to the Resolutions following; viz.

Resolved, That it is the Opinion of this Committee, That the said Extortions and ill Practices of the Marshal of the King's-Bench, and Warden of the Fleet, in the Execution of their several Offices, are scandalous, illegal, and grievous to the Subject.

Resolved, That it is the Opinion of this Committee, That the Limits of the Prisons of the King's-Bench and Fleet be ascertained by Act of Parliament; and that, if any Prisoner be seen out of the said Limits, it shall be deemed an Escape.

Resolved, That it is the Opinion of this Committee, That, upon Conviction of the Officer for such Escape, the Fee of such Office shall be forfeited into the Hands of his Majesty; and that Satisfaction, out of the said Office, shall, in the first Place, be made to such Creditor or Creditors of him that made his Escape, for such Actions as he then stood charged with; and that the Person who has the Fee of either of those Offices, shall execute the same in his proper Person, or by his Deputy; for whom he that has the Fee shall be answerable.

Resolved, That it is the Opinion of this Committee, That such Person or Persons, in whom the Inheritance of each of the said Offices of the said Prisons, Prisonhouses, and Buildings thereunto belonging, are, may be obliged to inroll the Deed or Deeds, whereby their respective Titles do accrue thereto respectively; viz. in the Court of King's Bench, and in the Court of Common Pleas; and that all future Alienations of the same shall be so inrolled; otherwise, to be void.

Resolved, That it is the Opinion of this Committee, That the Mint, White-Fryers, the Savoy, and all other pretended privileged Places, be suppressed.

The First and Second Resolutions, being severally read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

The Third Resolution being read a Second time;

Several Amendments were proposed therein: viz. after "Fee," to insert "and Profits;" and to leave out "forfeited into the Hands of his Majesty;" and, instead thereof, to insert "sequestered:"

And the same were, upon the Question severally put thereupon, agreed unto by the House.

Resolved, That the House doth agree with the Committee in the said Resolution, so amended, That, upon Conviction of the Officer for such Escape, the Fee and Profits of such Office shall be sequestered; and that Satisfaction, out of the said Office, shall, in the First Place, be made to such Creditor or Creditors of him that made his Escape, for such Actions as he then stood charged with; and that the Person who has the Fee of either of those Offices, shall execute the same in his proper Person, or by his Deputy; for whom he that has the Fee shall be answerable.

The Residue of the said Resolutions, being read a Second time, were, upon the Question severally put thereupon, agreed unto by the House.

Mr. Pocklington also reported, That he was directed by the said Committee to move the House, That a Bill might be brought in, pursuant to the said Informations and Resolutions, in order to redress the Grievances aforesaid.

Ordered, That a Bill be brought in, pursuant to the said Resolutions: And that Mr. Pocklington, Mr. Harcourt, Mr. Colt, Sir William Coriton, and Mr. Manley, do prepare, and bring in, the Bill.

Ordered, That John Tilly Esquire be taken into the Custody of the Serjeant at Arms attending this House.

Ordered, That it be referred to the said Committee, to examine the said Mr. Tilly, and the Marshal of the King'sBench, to so much of the said Report, as relates to this House: And they are to meet this Afternoon at Five a Clock, in the Speaker's Chamber; and to sit de die in diem: And have Power to send for Persons, Papers, and Records: And that Mr. Arnold and Sir Philip Butler be added to the said Committee.

Prohibiting India Silks, Callicoes, &c.

A Bill to restrain the Wearing of all wrought Silks and Bengals, imported into this Kingdom from Persia and East-India, and all Callicoes printed or stained there, was, according to Order, read a Second time.

Resolved, That the Bill be committed.

Resolved, That the Bill be committed to a Committee of the whole House.

Ordered, That the Consideration of the several Petitions, which have been laid upon the Table till the said Bill was read a Second time, be referred to the said Committee.

A Motion being made, and the Question being put, That it be an Instruction to the said Committee, That they do hear Counsel upon the said Petitions for, and against, the Bill;

The House divided.

The Yeas go forth.

Tellers for the Yeas, Sir Rowland Gwynn,
Mr. Perry:
111.
Tellers for the Noes, Mr. Norris,
Mr. Mason:
119.

So it passed in the Negative.

Ordered, That the said Committee do hear the Petitioners themselves, upon the said Petitions relating to the said Bill.

Resolved, That this House will, To-morrow Sevennight, resolve itself into a Committee of the whole House, to consider of the said Bill.

Supply; Deficiency of Funds.

The House, according to the Order of the Day, resolved itself into a Committee of the whole House, to consider further of the Supply to be granted to his Majesty, for making good the Deficiency of Parliamentary Funds.

Mr. Speaker left the Chair.

Sir Thomas Littleton took the Chair of the Committee.

Mr. Speaker resumed the Chair.

Sir Thomas Littleton reported from the said Committee, That they had made a further Progress in the Matter to them referred; and had directed him to move, That they may have Leave to sit again.

Resolved, That this House will, To-morrow Morning, resolve itself into a Committee of the whole House, to consider further of the Supply to be granted to his Majesty, for making good the Deficiency of Parliamentary Funds.

Ways and Means.

Resolved, That this House will, upon Saturday Morning next, resolve itself into a Committee of the whole House, to consider of Ways and Means for raising the Supply granted to his Majesty, for making good the Deficiency in re-coining hammered Money; and the Recompence to be given for bringing Plate into the Mints, to be coined.

Committees.

Ordered, That all Committees be adjourned.

And then the House adjourned till To-morrow Morning, Nine a Clock.