Some considerations humbly offered, in relation to the bill now depending in Parliament for the further relief of creditors in cases of escape.

Some Considerations humbly offered , in Relation to the BILL now depending in Parliament for the further Relief of Creditors in cases of Escape .

WHatever may be surmised to the contrary , it s certain , that where one man comes to Prison to deceive his Creditors , hundreds are forced thither by mere necessity ; and were it otherwise , ( with submission ) the more effectual way to pay the Creditor , and prevent the Grievances insisted on , would be a Sequestration of the Estate , Real and Personal of the Debtor , with severe Penalties against Frauds , Concealments , &c. This surely would Establish Credit , rather than the Sequestration of the Profit● of the Office of the Kings Bench , and Fleet , which are already scarce sufficient for the reasonable Compensation of the Officer officiating . One would think that the Act of Parliament made the last Session , might satisfie the most important Creditor :

WHICH ( Inter al' ) DECLARES it an Escape for Prisoners in meane Process Contempt , or Execution , to go beyond the Rules or Limits of the said Prison , and that no Writ of Error upon Judgment for an Escape , till Bayl given , shall supercede Execution , &c.

If the Martial or Warden take Money to Connive at an Escape , they Forfeit 500l . and their Office ; And that no retaking in fresh persuit is pleadable , unless Oath be made by the Officer officiating , that the Prisoner Escaped without his Consent or Privity : That if any Prisoner Escapes , the Creditor may take out new Process ; and the Prisoner in Execution to be produced upon one days notice , or it shall be deemed an Escape .

That a Note in Writing , upon a Penalty , shall be given , whether any Peson enquired for , be a prisoner or not , and all Deeds relating to the Kings Bench and Fleet , are to be Inrolled according to the said Act , or in default thereof to be voyd . And Judgment to be signed upon an Action brought for an Escape within Three days after the Rules are out . And the Superiour to be liable to the Behaviour of the Deputy .

That no person of what Quality soever , shall pay above Two Shillings Six Pence per Week Chamber-Rent , and that only when in actual possession of a Room within the Walls of the said Prison : And that the Profits of the Office shall be Sequestred to satisfie Escapes .

Which Sequestration , ( since the Profits are by the late Act rendred so minute ) will never redound to any considerable Advantage to the Creditor , tho there were no precedent Mortgage to be paid : It appearing by the Oath of the Receiver , that the Chamber-Rent of the Fleet Prison received the last Six Months , amounts but to Fifty Five Pounds One Shilling and Sixpence pro ut particulars ready to be produced . Very few Prisoners thinking themselves oblig'd to pay any thing ; there being no compulsive method to oblige them thereto . Which perquisite of Chamber-Rent was formerly more than Two Thirds of the Profits of the said Office .

Nevertheless it being presumed that the profits of the said Offices are vastly more considerable than really they are , the Bill now depending Enacts ,

THAT ALLOWING such proportion to the Officer officiating , as the Judges shall think fit ( not exceeding on● third part ) the several Mortgagees shall ( under penalty of Forfe●ture ) be oblig'd Monthly to receive their Debts . And Books of Entry of all Profits of the said Offices receiv'd , or to grow due , to be kept , & inspected by any person entituled to a Sequestration for an Escape ; and the person officiating to answer upon Oath to Interrogatory's touching his Receipts ; and in case of conviction of Perjury , to Forfeit his Office , be incapable to execute any other Office , and be sent to Newgate .

't will be no easie matter to find any person that hath a competent measure of discretion , to run the risque of exec●●ing an Office under such hazardous Circumstances , being oblig'd to confine a crowd of necessitous Debtors , who to gratifie their misgrounded R●s●n●m nts or to exonerate themselves in point of paying their Dues , will not only ( as may naturally be supposed ) soon render the Execution of the said Office unsafe ( by Swearing to the payment of more than is actually Receiv'd ) but make it impracticable .

But if the Officer officiating should ( beyond all expectation , by reason of the multiplicity of his other Affairs ) be able to keep an exact Account of all he receives , and that upon Examination of his Books it should appear he had Receiv'd Sixpence more than his just Fees , by this Act he is made an accuser of himself , and consequently lyable to be Indicted for Extortion and a Forfeiture of his Office ; which , with submission , is not only contrary to the Law of the Land , but of Nature also .

That 't is presum'd a thing needless to oblige the Mortgagees to Receive their Debts from an Office thus circumstanced , who no doubt will do it as soon as by Law or Equity they can . And if there be any Fraudulent Mortgages ( as is suggested ) the same being Inrolled , pursuant to the late Act , are already examinablè by a Court of Equity , in an easie course , without troubling the Legislature .

THIS BILL further Enacts , That upon Conviction for a voluntary Escape , ( besides former Penalties ) the Officer officiating shall be committed to Newgate , and remain incapable to Execute any other Office . And it s thereby declared to be a voluntary Escape to permit any Prisoner to Lodge in the Rules , unless the Martial or Warden take sufficient Security for true Imprisonment , and upon request Assign over the same to the Plantiff , without allowing the Marshal or Warden the priviledge of retaking the Prisoner upon a fresh pursuit , under the restrictions of the late Act.

This Clause in effect takes away the Benefit of the Rules of the said Prisons , allowed by antient usage , and the late Act of Parliament ▪ For altho a Security may be good at the time of taking ( which the Officer officiating is obliged for his own preservation to take care of ) yet afterwards the same may prove defective ; in which case the Officer must nevertheless incur the aforesaid Penalties , which nothing but the Spirit of Prophesie can free him from . The consequence of which , must put him upon attempting the confining all Prisoners within the Walls of the said Prisons , which must be as impossible to effect , as the putting a Quart of Wine into a Pint Port , not to mention the contagious Distempers which may justly be dreaded from a multitude of necessitous Persons so strictly to be confined .

Wherefore , and in regard such ample Provision is already made for preventing Escapes , and for that this Bill ( instead of Answering the end propos'd , Viz . The satisfying Escapes out of the Profits of the respective Prisons ) does so effectually destroy the Profits of the said Offices , that without paying Escapes or Mortages , the Officer officiating may even expect some other security and recompence from the Publick , for his hazard and care in the Execution thereof .

☞ It is humbly hoped , that the said Bill shall not pass , but in case it should , the Warden of the Fleet , ( who is seized in Fee of the said Office ) humbly prays , a Clause may be receiv'd , impowering him to surrender his said Office to the Crown ; reserving such Right as he hath by Law to the House where the said Prison is now kept ; as being distinct from and not annext to the said Office , which is an Incorporeal Inheritance , and not local , having formerly been kept in St. Margarets Lane , Westminster , afterwards at Carroon House , and may be kept in any other place It being humbly conceived a thing unreasonable , That the Warden should ( contrary to the course of other Prisons ) provide a House of his own , subject to the aforesaid Penalties and Forfeitures , for the Execution of the said Office , when rendred worse than nothing , and hardly ( if at all ) practicable .