no other than County Gaols, consequently Common
Gaols and the Gaols of Franchises cannot be
one and the same nor the Gatehouse a Common
or any other than a peculiar Gaol; perhaps
such a one as that of the Abbat of St. Albans
mentioned
by Ld Coke< no role >
in 2d. Inst 43.
And to this purpose the opinion of Lord Chief
Justice Holt is decisive who on the case of Kendall
and Roe reported in 5 Mod 79. and printed in the
state Trials Not [..] the last pays, said that Commitments
for capital offences ought regularly to be to the County
Goals, and not to the Gatehouse or New prison
plainly
indicating by these words that the Gate house is not
a County Gaol: the name doctrine is holden in 1 Hole
Hist: Placit: Coron: 585 on Notce and in 1 Ld Raymond< no role >
66.