14 Edw 3. St 1. c.10
19H. 7. C10.
5 Ann C9
B Rd. 2. St. 1. C15.
5H. 4. C10
19 Hen 7C10
31 Car 2 C2 S. 9.18
A B & C. were Convicted ofTrespassesRiots & Assaults and the Court proceeded [..]
imediately to Judgement of fine & Imprisonment and at First directed them to be severally
imprisoned in New gate
for certain Spaceswithout bail as usualbut at ye
intreaty of the prisoners & their Council imediately afterwards directed they
should be imprisoned in New prison
instead of Newgate
in but their that
it should be understood their sentence was to Newgate
(the County Gaol
Newgate
is the antient County Gaol of Middx
Newprison
is a also ye Kings Gaolin the Countyby patent of King James the first
for the Custody of Offenders (other than for Capital Crimes of Reason
or Felony)by a Keeper to be nominated by the Justices
Some persons pretend that allotherComittments in Execution other then
to Newgate
as the County Gaol are unwarsam table and that his only by Convenience that the partys have been suffer'd to go for New prison
for Havourt Never thesess many
such Comittments have been to New prison
& the Judgments so pronounced
2. Shod. the record of the Judgmt. be a Comittmd. to New gate
or to NP. were they are sent
NB. the Gaoler shod. haveusually hatha Calender containing as abstract
[..] a Calender is delivd. it Coutradicts the Judgmt.
Of the Judgmt. as a Warrt. for keeping them [..] if the
Calender is made to Correspond with the Sentence as recent the Sheriff
of Keepe of N. [..] made him has the Names & not the persons. and if the
Keeper of NP
. has the persons out no April or [..] to keep on.
2. The NS not new prison
properlySufficiently established as a
Prison for Criminals by Virtue of the KingsaboveGrant
2. If the Judgmt. is to Newgate
and the party is sent to NP. instead thereof
and the Keeper Suffersthenhim to escape can he be prosecuted for it
as by the record which must be produced in Evid does not charge
him to have ever been comitted to NP.
Which is alledged to be the Case in the present Instance and that not with stand & the offenders
present to NP. the Entry of the Juddmt. ought to be to Newgate
as first pronounced