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, its certain, that where one man comes to Prison to deceive his Creditors, hundreds are forced thither by more 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 satisfy the most important Creditor:  
WHICH ( Inter al') DECLARES it an Escape for Prisoners in mean Process Contempt, or Execution, to go beyond the Rules or Limits of the said Prison, and that no Writ of Error upon judgement for an Escape, till bail given, shall supersede Execution, &c.  
If the marshal or Warden take Money to Connive at an Escape, they Forfeit 500l. and their Office; And that no retaking in fresh pursuit 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 inquired for, be a prisoner or not, and all Deeds relating to the Kings Bench and Fleet, are to be enrolled according to the said Act, or in default thereof to be void. And judgement to be signed upon an Action brought for an Escape within Three days after the Rules are out. And the superior 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 sequestered to satisfy Escapes.  
Which Sequestration,( since the Profits are by the late Act rendered 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 obliged 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 obliged Monthly to receive their Debts. And Books of Entry of all Profits of the said Offices received, or to grow due, to be kept,& inspected by any person entitled 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.  
'twill be no easy matter to find any person that hath a competent measure of discretion, to run the risk of exec●●ing an Office under such hazardous Circumstances, being obliged to confine a crowd of necessitous Debtors, who to gratify their misgrounded R●s●n●m nts or to exonerate themselves in point of paying their deuce, 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 received) 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 received Sixpence more than his just Fees, by this Act he is made an accuser of himself, and consequently liable 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 'tis presumed 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 enrolled, pursuant to the late Act, are already examinablè by a Court of Equity, in an easy 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 its thereby declared to be a voluntary Escape to permit any Prisoner to Lodge in the Rules, unless the marshal or Warden take sufficient Security for true Imprisonment, and upon request Assign over the same to the plaintiff, without allowing the Marshal or Warden the privilege 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 ancient 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 prophesy 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 proposed, 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 recompense from the public, 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 preys, a Clause may be received, empowering 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 annexed 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 rendered worse than nothing, and hardly ( if at all) practicable.   

Some Considerations Concerning the Prison Bill.