William III, 1696-7
An Act for the more effectual Relief of Creditors in Cases of Escapes & for Preventing Abuses in Prisons and pretended priveledged Places. [Chapter XXVII. Rot. Parl. 8&9 Gul. III. p.9.nu.3.]

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History of Parliament Trust

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John Raithby (editor)

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1820

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271-275

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'William III, 1696-7: An Act for the more effectual Relief of Creditors in Cases of Escapes & for Preventing Abuses in Prisons and pretended priveledged Places. [Chapter XXVII. Rot. Parl. 8&9 Gul. III. p.9.nu.3.]', Statutes of the Realm: volume 7: 1695-1701 (1820), pp. 271-275. URL: http://www.british-history.ac.uk/report.aspx?compid=46875 Date accessed: 30 August 2014.


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Contents

Prisoners in the King's Bench or Fleet to be detained there or in the Rules.
II. Upon Judgment in Action of Escape, Marshal or Warden's Fees to be sequestered for Satisfaction. III. Marshal, &c. suing a Writ of Error to reverse Judgment, to put in special Bail. IV. Marshal, &c. taking Reward to connive at Prisoner's Escape; V. Proviso for Securities given for Lodging within the Rules of the said Prisons. VI. No retaking on fresh Pursuit to be given in Evidence on Action of Escape, unless specially pleaded; nor any special Plea, unless upon Oath that Escape was without Consent of the Marshal, &c. VII. Prisoner in Execution escaping may be retaken by any new Capias, &c. VIII. Keeper, upon Notice, refusing to shew Prisoner, adjudged an Escape. IX. Marshal, &c. refusing to give a Note whether a Person be Prisoner or not, Penalty £50. X. On or before 24th June 1697, all Conveyances of the Inheritance and Leases of King's Bench and Fleet Prisons, &c. to be inrolled; and all present and future Conveyances, &c. to be inrolled in Six Months after Execution thereof, or else to be void. XI. Office of Marshal of the King's Bench and Warden of the Fleet to be executed by those who have the Inheritance of the said Prisons, or their Deputies, &c.; and the Marshal and Warden answerable for their Deputies. XII. On Bill filed against Warden, and Rule given out, Judgement to be signed unless Plea in Three Days after Rule is out. XIII. Copy of Declaration may be delivered to Prisoner, &c. and after Rule to plead be out and Affidavit made thereof, Plaintiff may sign Judgement. XIV. XV. XVI. Penalties how disposed of. XVII. This Act to be a general Law. XVIII. Proviso for Right of Martha Johnson and others. XIX. Proviso for Securities made by William Lenthall Esq[uer] to Sir John Cutler and Edmund Boulter. XX. Proviso for Right of Anthony Smith. XXI. Proviso for Right of Thomas Norwood; and of John Clements. XXII. Deputations granted by William Lenthall made void, and succeeding Marshals to be constituted by him with Consent of Edmund Boulter for the time herein mentioned. Footnotes

Prisoners in the King's Bench or Fleet to be detained there or in the Rules.

Keeper suffering them to go at large without Hab. Corp. & c. deemed an Escape.

Whereas by reason of the many grievous Extortions and ill Practices of such Persons who have for several Yeares last past respectively executed the Offices of Marshal of the Kings Bench Warden of the Fleet & Keeper of the Marshalsea Newgate & other Prisons and by several pretended priviledged Places within this Realme both Creditors and Debtors have been notoriously abused and the good Intents of the Law wholly eluded For Reformation thereof be it enacted by the Kings most Excellent Majesty by and with the Advice and Consent of the Lords Spiritual and Temporal and Co[m]mons in this present Parliament assembled and by the Authority of the same That from and after the First Day of May One thousand six hundred ninety seven all Prisoners either upon Contempt or Mesne Processe or in Execution who are or shall be co[m]mitted to the Custody of the Marshall of the Kings Bench Prison or Warden of the Fleet shall be actually detained [within the said Prisons of the Kings Bench and Fleet or the respective Rules of the same (fn. 1) ] until they shall be from thence discharged by due course of Law and if att any time from and after the said First Day of May the said Marshall or Warden or any other Keeper or Keepers of any Prison shall permitt and suffer any Prisoner co[m]mitted to their Custody either in Mesne Processe or in Execution to goe or be att large out of the Rules of their respective Prisons (except by virtue of some Writt of Habeas Corpus or Rule of Court (which Rule of Court shall not be granted but by Motion made or Petition read in open Court) every such going or being out of the said Rules shall be adjudged and deemed and is hereby declared to be an Escape.

II. Upon Judgment in Action of Escape, Marshal or Warden's Fees to be sequestered for Satisfaction.

And be it further enacted by the Authority aforesaid That from and after the said First Day of May every Person or Persons obtaining Judgment in any Action of Escape against the said Marshall or Warden or their respective lawfull Deputie or Deputies shall and may have not onely the several Remedies already by Law allowed for obtaining Satisfaction thereon but the Judges of the respective Courts where such Judgement shall be obtained (upon Oath before them made by the Person or Persons obtaining such Judgement that the same was obtained without Fraud or Coven and that the Debt of the Prisoner making such Escape was a true and real Debt and unsatisfied) shall upon Motion made to them in open Court for that purpose sequester the Fees and Proffitts of the Office of Marshall and Warden [or so much or such Part or Proportion thereof as the said Court wherein such Motion shall be made shall think fitt and reasonable with respect to the Debt or Debts due from such Prisoner or Prisoners so escaping (fn. 1) ] and in the first Place apply the same towards Satisfaction of the Debt or Debts due from the Prisoner or Prisoners who escaped together with all Costs and Damages recovered in such Action of Escape.

III. Marshal, &c. suing a Writ of Error to reverse Judgment, to put in special Bail.

And to the end that such Satisfaction may not be deferred by any Writt of Error brought for delay onely be it enacted That if the said Marshall or Warden or their respective Deputie or Deputies shall att any Time after the said First Day of May sue forth any Writt or Writts of [Error (fn. 2) ] to reverse any Judgement given in any Action of Escape such Marshall or Warden or their respective Deputy or Deputies shall be obliged to putt in special Bail or in default thereof no Execution shall be stayed nor any Sequestration of the Proffitts delayed.

IV. Marshal, &c. taking Reward to connive at Prisoner's Escape;

Penalty £500. Loss of Office and Incapacity.

And whereas it is notorious that diverse great Su[m]ms of Money and other Rewards have been given to and actually received by the severall Persons executing the respective Offices of Marshall and Warden and other Keepers of the several Prisons within this Kingdome to assist or permitt Prisoners in their Custody to escape in open defiance and contempt of the Laws of this Realme For preventing the like evil Practise for the time to come be it further enacted That if any Marshall or Warden or their respective Deputie or Deputies or any Keeper of any other Prison within this Kingdome shall take any Su[m]m of Money Reward or Gratuity whatsoever or Security for the same to procure assist connive att or permitt any such Escape and shall be thereof lawfully convicted the said Marshall or Warden or their respective Deputy or Deputies or such other Keeper of any Prisons as aforesaid shall for every such Offence forfeit the Su[m]m of Five hundred pounds and his said Office and be for ever after incapable of executing any such Office.

V. Proviso for Securities given for Lodging within the Rules of the said Prisons.

Provided always That this Act nor any thing herein contained shall extend or be construed to extend to make void such Securities or any of them as shall att any Time or Times hereafter be given by any Prisoner or Prisoners for his or their Lodging or Lodgings without the aforesaid Prisons or either of them within the Rules of the said Prisons of Kings Bench and Fleet or either of them so as such Security or Securities be not taken for the Enlargement of any Prisoner or Prisoners out of or beyond the Rules of the said Prisons of Kings Bench and Fleet or either of them respectively.

VI. No retaking on fresh Pursuit to be given in Evidence on Action of Escape, unless specially pleaded; nor any special Plea, unless upon Oath that Escape was without Consent of the Marshal, &c.

And be it further enacted by the Authority aforesaid That from and after the said First Day of May no retaking on fresh pursuit shall be given in Evidence on the Tryal of any Issue in any Action of Escape against the said Marshall or Warden or their respective Deputie or Deputies or against any other Keeper or Keepers of any other Prison or Prisons as aforesaid unlesse the same be specially pleaded nor shall any special Plea be taken received or allowed unlesse Oath be first made in writing by the Marshal or Warden or their respective Deputie or Deputies or by such other Keeper or Keepers of any other Prison or Prisons as aforesaid against whom such Action shall be brought and filed in the proper Office of the respective Courts that the Prisoner for whose Escape such Action is brought did without his consent privity or knowledge make such Escape and if such Affidavitt shall att any Time afterwards appeare to be false and the Marshall or Warden or other Keeper or Keepers of any other Prison or Prisons shall be convicted thereof by due course of Law such Marshall or Warden or other Keeper or Keepers of any other Prison or Prisons shall forfeit the Su[m]m of Five hundred pounds.

VII. Prisoner in Execution escaping may be retaken by any new Capias, &c.

And be it further enacted and declared by the Authority aforesaid That if att any Time after the said First Day of May any Prisoner who is or shall be co[m]mitted in Execution to either or any of the said respective Prisons shall escape from thence by any Ways or Means howsoever the Creditor or Creditors att whose Suit such Prisoner was charged in Execution att the Time of his Escape shall or may retake such Prisoner by any new Capias or Capias ad satisfaciendum or sue forth any other kind of Execution on the Judgement as if the Body of such Prisoner had never been taken in Execution.

VIII. Keeper, upon Notice, refusing to shew Prisoner, adjudged an Escape.

And be it further enacted by the Authority aforesaid That if the said Marshall or Warden for the time being or their respective Deputy or Deputies or other Keeper or Keepers of any other Prison or Prisons shall after One Days notice in Writing given for that purpose refuse to shew any Prisoner co[m]mitted in Execution to the Creditor att whose Suit such Prisoner was co[m]mitted or charged or to his Attorney every such Refusal shall be adjudged to be an Escape in Law.

IX. Marshal, &c. refusing to give a Note whether a Person be Prisoner or not, Penalty £50.

Such Note sufficient Evidence of Person being a Prisoner.

And be it further enacted by the Authority aforesaid That if any Person or Persons whatsoever desireing to charge any Person with any Action or Execution shall desire to be informed by the said Marshal or Warden or their respective Deputy or Deputies or by any other Keeper or Keepers of any other Prison or Prisons whether such Person be a Prisoner in his Custody or not the said Marshal or Warden or such other Keeper or Keepers of any other Prison or Prisons shall give a true Note in writing thereof to the Person so requesting the same or to his lawfull Attorney upon demand att his Office for that purpose or in default thereof shall forfeit the Su[m]m of Fifty pounds and if such Marshal or Warden or their respective Deputy or Deputies exercising the said Office or other Keeper or Keepers of any other Prison or Prisons shall give a Note in Writing that such Person is an actual Prisoner in his or their Custody every such Note shall be accepted and taken as a sufficient Evidence that such Person was att that time a Prisoner in actual Custody.

X. On or before 24th June 1697, all Conveyances of the Inheritance and Leases of King's Bench and Fleet Prisons, &c. to be inrolled; and all present and future Conveyances, &c. to be inrolled in Six Months after Execution thereof, or else to be void.

And be it further enacted by the Authority aforesaid That on or before the Foure and twentieth Day of June One thousand six hundred ninety seven all & every the Conveyances Grants and Mortgages of the Inheritance of the aforesaid Prisons of Kings Bench and Fleet or either of them and of the Prison houses Lands Tenements Buildings & other Hereditaments to the said Prisons of Kings Bench and Flee or either of them ( (fn. 3) ) belonging or in any wise apptaining and all Leases thereof and the respective Titles of the Marshall of the Kings Bench and Warden of the Fleet Prisons thereunto or of him or them in whom the Inheritance or Inheritances of in & to the said Prisons and Prison-houses and Premisses or either of them now are and all Trusts and Declarations of Trust thereunto or unto either of them relating shall be inrolled (vizt:) that of of the Marshall of the Kings Bench in the Kings Bench Court and that of the Warden [of the (fn. 4) ] Fleet in the Court of Co[m]mon Pleas att Westminster and that all future Conveyances Grants & Mortgages of the Inheritance of the said Prisons of Kings Bench and Fleet or of either of them or of any Part of either of them and all Leases thereof and all Trusts and Declarations of Trust thereunto or unto either of them relating shall be so enrolled in the respective Courts as aforesaid within Six Months next after the executing of every or any such Conveyances Grants Mortgages or Leases or such Trusts or Declarations of Trusts thereunto or unto either of them relating or of any of them and if any such Conveyances Grants or Mortgages of the Inheritance of the said Prisons of Kings Bench or Fleet or either of them [or of any Part of either of them (fn. 4) ] or any such Trusts or Declarations of Trust thereunto or unto either of them relating or any Leases of the said Premisses be not so enrolled within the Times limitted as aforesaid in the said Courts respectively as aforesaid that then and in such Case as well the present as all future Conveyances Grants and Mortgages of every of them & the Inheritance of the said Prisons of King's Bench and Fleet or either of them or of any Part of either of them and all Leases thereof and all Trusts and Declarations of Trust thereunto or unto any of them relating shall be and are hereby declared to be utterly void and of none effect as if the same had never been executed Any Law Statute or Custome to the contrary thereof in any wise notwithstanding.

XI. Office of Marshal of the King's Bench and Warden of the Fleet to be executed by those who have the Inheritance of the said Prisons, or their Deputies, &c.; and the Marshal and Warden answerable for their Deputies.

And be it further enacted by the Authority aforesaid That from and after the said First Day of May the said Offices of Marshal of the Kings Bench Prison and Warden of the Fleet and each of them shall be executed by the several Persons to whom the Inheritance of the Prisons Prison-houses Lands Tenements & other Hereditaments of the said Prisons of Kings Bench and Fleet or either of them shall then belong or appertaine respectively in his or their respective proper Person or Persons or by his or their sufficient Deputy or Deputies (for which Deputy or Deputies and for all Forfeitures Escapes and other Misdemeanors in their respective Offices by such Deputy or Deputies permitted suffered or co[m]mitted the said Person or Persons in whom the aforesaid Inheritances respectively are or shall then be shall be answerable) and the Profitts and aforesaid Inheritances of the said several Offices shall be sequestred seized or extended to make satisfaction for such Forfeitures Escapes and Misdemeanours respectively as if premitted suffered or co[m]mitted by the Person or Persons themselves or either of them in whom the respective Inheritances of the said Prisons shall then be.

XII. On Bill filed against Warden, and Rule given out, Judgement to be signed unless Plea in Three Days after Rule is out.

And whereas the way of proceeding against the Warden of the Fleet Prison by Bill in the Courts of Co[m]mon Pleas & Excheq[uer] att Westminster is found to be very dilatory Be it further enacted by the Authority aforesaid That from and after the said First Day of May itt shall and may be lawfull to and for any Person or Persons having cause of Action against the Warden of the Fleet Prison upon Bill filed in the said Courts of Co[m]mon Pleas or Exchequer against the said Warden and a Rule being given to plead thereto to be out Eight Days att most after filing such Bill to signe Judgement against the said Warden of the Fleet unlesse hee plead to the said Bill within Three Days after such Rule is out.

XIII. Copy of Declaration may be delivered to Prisoner, &c. and after Rule to plead be out and Affidavit made thereof, Plaintiff may sign Judgement.

And for the more easie and quick obtaining of Judgement against any Person or Persons who now is or hereafter shall be a Prisoner or Prisoners in the aforesaid Prison of the Fleet Be it further enacted by the Authority aforesaid That from and after the First Day of May it shall and may be lawfull to & for any Person or Persons who hath or shall have any cause of Action against any Prisoner or Prisoners who now is or are or hereafter shall be co[m]mitted to the said Prison of the Fleet after filing or entring of a Declaration in such Action with the proper Officer to deliver a Coppy of such Declaration or Declarations to any such Defendant or Defendants in any personal Action or Actions, or to the Turn-key or Porter of the said Fleet Prison and after Rule given thereupon to plead to be out att Eight Days att most after delivery of such Copy of Declaration or Declarac[i]ons and Affidavitt made of such delivery before the Lord Chief Justice or one other of the Justices of the Co[m]mon Pleas or before the Lord Chief Baron or some other of the Barons of the Coif of the Exchequer att Westminster of the delivery of such Declaration or Declarations to the Defendant or Defendts in such Action or Actions or to the Turn-key or Porter of the said Fleet Prison as aforesaid to sign Judgement in such Action or Actions against such Defendant or Defendants as if such Defendant or Defendants had been actually charged att the Barr of the Co[m]mon Pleas or Exchequer with such Action or Actions Any Law Statute Usage or Custome to the contrary thereof in any wise notwithstanding.

XIV.

No Prisoner to pay Chamber Rent longer than while in actual Possession, nor above 2s. 6d. per Week.; Taking or demanding more,; Penalty £20.

And whereas great Summs of Money have been and are still taken of the Prisoners of the aforesaid Prisons of Kings Bench and Fleet and other Prisons under pretence of Chamber Rent although the said Prisoners have not had the actual Possession of any Chamber within the said Prisons or any of them For the avoiding of that Inconvenience for the future be it enacted That from and after the said First Day of May no Prisoner or Prisoners shall pay or be compellable to pay any Chamber Rent for any Chamber within either or any of the said Prisons for any longer Time than hee or they is or are actually in Possession of the said Chamber or Chambers and that dureing such Time as hee or they is or are actually in Possession of any such Chamber or Chambers within either or any of the said Prisons as aforesaid such Prisoner or Prisoners shall not pay above the Su[m]m of Two Shillings and six pence per Week for any such Chamber and if the Marshal of the Kings Bench Prison Warden of the Fleet or Keeper or Keepers of any other Prison or Prisons as aforesaid shall take or demand any greater Su[m]m or Su[m]ms of Money for the Use of such Chamber than the Su[m]m of Two shillings and six pence per Week hee or they so taking or demanding shall in such Case for every such Offence forfeit the Su[m]m of Twenty Pounds.

XV.

Debtor being in pretended Privileged Places, Sheriffs, &c. may take Posse Comitatus, and arrest in the said Privileged Places, on Mesne or other Process, Extent, or Execution; may break open Doors to execute Process; Sheriff, &c. neglecting or refusing to execute such Process,; Penalty £100; Opposing Officers in executing the same,; Penalty £50 and Punishment; Rescuing Prisoner so taken,; Penalty £500; and on Nonpayment thereof and Costs within One Month after Judgment signed,; Transportation for Seven Years.; Returning,; Death; Harbouring or concealing Rescner, Transportation for Seven Years, unless Debt and Costs paid; Returning,; Death.

And for the preventing for the future the many notorious & scandalous Practices used in many pretended priveledged Places in and about the Cities of London and Westminster and Borough of Southwark in the County of Surrey by obstructing the Execution of legal Processe there and thereby defrauding & cheating great Numbers of People of their honest and just Debts Be it further enacted by the Authority aforesaid That from and after the said First Day of May it shall and may be lawfull for any Person or Persons who have or hath any Debt or Debts Su[m]m or Su[m]ms of Money due or oweing to him from any person or p[er]sons who now is or hereafter shall be and reside within the White Fryars Savoy Salisbury Court Ram-Alley Mitre Court Fullers Rents Baldwyns Gardens Mountague Close or the Minories Mint Clink or Deadmans Place upon legal Processe taken out against such Person or Persons to demand and require the Sheriffs of London and Middlesex Head Bayliffe of the Liberty of the Dutchy of Lancaster or High Sheriff of the County of Surrey of Bayliffe of the Liberty of the Borough of Southwarke for the time being (as the Case shall require if the Plaintiffe think itt requisite) or their respective Deputy or Deputies Officer or Officers to take and they are hereby enabled respectively to take the Posse Comitatus or such other Power as to him or them or any of them shall seem requisite & enter the said pretended priveledged Places and any or either of them (as the Case shall require) and to arrest and in case of resistance or refusal to open the Doors to break open any Door or Doors to arrest such Person or Persons upon any Mesne or other Processe Extent or Execution or to seize the Goods of any such person or p[er]sons upon any Execution or Extent and if the said Sheriff or Sheriffs Head Bayliff or their Deputy or Deputies Officer or Officers or either or any of them shall neglect or refuse (upon such request) with such forcer to [doe (fn. 5) ] their best endeavours for the executing of such Processe Execution or Extent hee or they so neglecting or refuseing to execute such Processe Execution or Extent shall forfeit to the Plaintiff or Plaintiffs in such Action the Su[m]m of One hundred pounds to be recovered by Action of Debt Bill Plaint or Information in which no Essoigne Protection or Wager of Law or more than one Imparlance shall be allowed and if in the executing of such Processe Execution or Extent any Person or Persons shall oppose or resist any such Officer or Officers or any of them or any who shall be aiding or assisting to him them or any of them in the executing of such Processe Execution or Extent hee or they so offending shall for every time hee or they shall so offend forfeit the Su[m]m of Fifty pounds [and moreover shall be by some Justice of Peace co[m]mitted to the co[m]mon Goal of such County City or Place where such Offence shall be co[m]mitted there to remain without Bail or Mainprize until the next Assizes Sessions of Oyer & Terminer and general Goal Delivery to be held for such County City or Place and such Offender or Offenders being of such Offence or Offences duely convicted every such Offender shall suffer and undergo such Imprisonment and be sett in the Pillory as the Court where such Conviction shall be shall think fitt (fn. 6) ] and if any Rescous shall be made of any Prisoner taken by any such Officer or Officers as aforesaid upon any such Processe Execution or Extent within the Limitts of any the before mentioned p[re]tended priveledged Places by any Person or Persons whatsoever such person or p[er]sons so making such Rescous or aiding assisting or abetting the same & being thereof lawfully convicted shall respectively forfeit to the Plaintiff in any such Action the Su[m]m of Five hundred pounds to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts att Westminster in which Action Bill Plaint or Information no Essoigne Priveledge Protection Wager of Law or more than one Imparlance shall be allowed and if after such Recovery had against any Person or Persons for such Rescous or for aiding assisting or abetting the same the Person or Persons against whom such Recovery shall be had shall refuse or neglect to pay to the Plaintiff in such Action or to his her or their Executors Administrators or Assigns the Su[m]m or Su[m]ms recovered with full Costs of Suit within One Month after Judgement signed upon such Recovery & Demand made that then the Person or Persons so refusing or neglecting as aforesaid [upon producing a Copy of the Judgement upon which such Recovery shall be had and Oath made that the Money recovered is not paid shall by order of such Court wherein the said Person or Persons was or were so convicted of or for any such Rescous or for aiding assisting or abetting the same be transported by the Sheriff or Sheriffs of the County City or Place where such Conviction shall happen to be (fn. 6) ] to one of his Majesties Plantations beyond [the Seas (fn. 6) ] there to remaine for the space of Seven Yeares and if the Person or Persons so transported shall returne againe to this Kingdome within the space of Seven Yeares hee she or they so returning shall be and is hereby adjudged guilty of Felony and shall not be allowed the Benefitt of Clergy but shall suffer & forfeit as in Cases of Felony where Clergy is not allowed and if any Person or Persons inhabiting within either or any of the aforesaid p[re]tended priveledged Places shall receive conceal or harbour any Person or Persons who shall have made any Rescous as aforesaid hee she or they so receiving concealing or harbouring any such Person or Persons knowing or having had Notice that such Person or Persons had been guilty of such Offence being thereof convicted by due Course of Law shall be [by order of that Court where such Conviction shall happen to be by the Sheriff or Sheriffs of the County City or Place where the Offence was co[m]mitted (fn. 6) ] transported to some or one of his Majesties Plantations beyond the Seas there to remaine for the space of Seven Yeares [unlesse such Person or Persons shall within the space of One Month next after such Conviction pay to the Plaintiff or Plaintiffs in such Action or Suit the full Debt or Duty for which such Action or Suit was brought with full Costs (fn. 6) ] and if hee she or they shall returne into this Kingdome within the said space of Seven Yeares hee she or they so returning shall be and is hereby adjudged guilty of Felony and shall not be allowed the Benefitt of Clergy but shall suffer and forfeit as in Cases of Felony where Clergy is not allowed.

XVI. Penalties how disposed of.

And be it further enacted That the several Penalties before in and by this Act inflicted and not particularly disposed of shall goe one halfe to his Majesty his Heires and Successors and the other halfe to him or them that will sue for the same to be recovered as aforesaid.

XVII. This Act to be a general Law.

In Action for executing the same, General Issue may be pleaded; Double Costs.

And for the prevention of Disputes touching this Act be it enacted by the Authority aforesaid, That the same and every Clause and Thing therein contained shall be deemed adjudged and taken to be a general Law and that it shall not be needful to shew or sett forth the same or any Clause thereof in pleading and that the same and all Clauses therein shall be construed most largely and beneficially for the p[re]venting of all the Mischiefs Abuses Escapes & other Inconveniences herein provided against And further that if any Person or Persons shall att any time be sued for putting in Execution any Power or Authority given by this Act such p[er]son and Persons shall and may plead the general Issue and give in evidence this Act and the special Matter and if the Plaintiff or Plaintiffs in such Action shall be nonsuit or a Verdict given for the Defendant or Defendants or if the Plaintiff or Plaintiffs discontinue their Action or if upon Demurrer Judgement shall be given for the Defendant or Defendants every such Defendant or Defendants shall have his or their double Costs.

XVIII. Proviso for Right of Martha Johnson and others.

Saving unto Martha Johnson Widow Thomas Johnson & John Johnsons Sons of the said Martha and Frances her Daughter their Heires Executors Administrators and Assigns all such Right Title Estate Equity Interest & Demand as she or they now have [or shall (fn. 7) ] or may have challenge or claime of in or unto all or any the Houses and Shops belonging to the Office of the Warden of the Fleet or to the Prison of the Fleet herein before contained as fully and effectually to all Intents and Purposes as she or they had before the making of this Act as if this Act had never been had or made.

XIX. Proviso for Securities made by William Lenthall Esq[uer] to Sir John Cutler and Edmund Boulter.

( (fn. 8) ) Provided neverthelesse That nothing in this Act contained shall extend to prejudice impeach or lessen any Security or Securities for any Su[m]m or Su[m]ms of Money made or given by or out of the said Officer of Marshal of the Marshalsea of the Court of Kings Bench or the Profitts thereof by William Lenthall Esq[uer] to Sir John Cutler Baronett deceased or to Edmund Boulter Esq[uer] Executor of the said Sir John Cutler or to any other Person or Persons in trust for them or either of them or to subject the said Office or the Proffitts thereof or the Person or Person or Persons in whom the same are or shall be vested to any of the Forfeitures or Penalties in this Act contained other than such as they are or may be liable unto before the making of this Act until such Su[m]m or Su[m]ms of Money secured thereby shall be fully satisfied and paid Any thing in this Act contained to the contrary thereof notwithstanding.

XX. Proviso for Right of Anthony Smith.

Saving unto Anthony Smith Mariner his Heires Executors Administrators & Assigns all such Right Title Estate Equity Interest and Demand as hee or they now have or shall or may have challenge or claime of in or unto the Office of Warden of the Fleet or the Prison of the Fleet or all or any of the Houses and Shopps belonging to the Office of Warden of the Fleet or to the Prison of the Fleet or herein before contained (by virtue of Two Decrees in Chancery the one of them made the Two and twentieth Day of June One thousand six hundred eighty three and the other of them the Six & twentieth Day of January One thousand six hundred eighty five whereby Foure hundred twenty five pounds & the Int[er]est thereof was & is decreed to be paid to the said Anthony Smith out of the said Office Houses Shops & App[en]tenances after a Mortgage made thereof by Thomas Bromhall unto Henry Norwood Esq[uer] was satisfied) as fully & effectually to all intents & purposes as hee or they had before the making of this Act and as if this Act had never been had or made.

XXI. Proviso for Right of Thomas Norwood; and of John Clements.

Provided neverthelesse That nothing in this Act contained shall be deemed construed or adjudged to take away lessen charge or prejudice the Right Title or Interest of Thomas Norwood surviving Executor of Henry Norwood as for touching or concerning a Debt of Two thousand one hundred fifty and three Pounds & Interest secured to the said Henry Norwood by virtue of a Mortgage of the Office of Warden of the Fleet Prison bearing Date the Twenty third Day of November in the Yeare of our Lord One thousand six hundred seventy & six or so much thereof as is justly due thereupon nor to take away lessen or prejudice the Right Title or Interest of John Clements of the Middle Temple London Gentleman as for touching or concerning a Debt of Two thousand two hundred ninety nine pounds & Interest secured to the said John Clements in trust for himselfe & others by virtue of a Mortgage of the said Office of Warden bearing Date the Third Day of May One thousand six hundred seventy & eight or so much thereof as is justly due thereupon.

XXII. Deputations granted by William Lenthall made void, and succeeding Marshals to be constituted by him with Consent of Edmund Boulter for the time herein mentioned.

And be it further enacted by the Authority aforesaid That all & every Deputation or Deputations Grant or Grants att any Time heretofore made or executed by William Lenthall Esq[uer] of the said Office of Marshall of the Marshalsea of the said Court of Kings Bench is and are hereby declared void and of none effect and that all & every succeeding Marshall shall from time to time & att all times hereafter be constituted & appointed by the said William Lenthall his Heires & Assigns by & with the consent in writing under the Hand & Seale of Edmund Boulter Esq[uer] his Executors Administrators & Assigns until the Debt oweing by the said William Lenthall to the said Edmund Boulter Executor of Sir John Cutler Baronett deceased be satisfied.

Footnotes

1 annexed to the Original Act in a separate Schedule.
2 Errors O.
3 respectively O.
4 interlined on the Roll.
5 use O.
6 annexed to the Original Act in a separate Schedule.
7 interlined on the Roll.
8 The following Clauses are annexed to the Original Act in four separate Schedules.