The Fleet: Its Rivers, Prison, and MarriagesAshton, John
History
The Fleet: Its Rivers, Prison, and Marriages
Ashton, John
Fleet Prison (London, England); Fleet, River (England)
It is possible that extra fees were taken for a certain amount of
liberty allowed to the prisoners by the Warden, who would allow him
to go out of gaol on certain conditions, and we may be certain, for a
_consideration_ also. The Warden was answerable for his Prisoner, and
if he escaped, he had to pay the debt, so that we may be certain that
his ephemeral liberty was highly purchased. That this was the case we
find in 7 and 8 Hen. IV. (1406)[94] "que si ascun Gaoler lesseroit tiel
Prisoner aler a large par mainprise[95] ou en baile, que adonques le
persone envers qi le dit Prisoner estoit condempne aureoit sa action et
recoverir envers le dit Gaoler." Or in English, "_That if any Gaoler
allowed such Prisoner to go at large, either by mainprize or bail, that,
then, the Person to whom the Prisoner was indebted might have his
action, and recover against the said Gaoler._" Yet, notwithstanding
this, there were many actions brought against the Wardens for allowing
their prisoners to escape. A relic of this power of the Wardens to
accord a certain amount of liberty to their prisoners, obtained till
the last hours of the Fleet. There was, in the _Rules_, a defined
district surrounding the Prison, in which prisoners, on providing
approved sureties for the amount of their debt, and paying some fee,
might reside, on condition that they did not overstep the boundaries.
That this custom of granting temporary _exeats_ was very ancient, is
indisputable, for, in the 1 Richard II. (1377) a complaint was made
that the Warden of the Fleet "sometimes by mainprize, or by bail, and
sometimes without any mainprize, with a Baston of the Fleet," _i.e._,
accompanied by a prison official, would allow his charges to go abroad,
"even into the country."
It is impossible to give a list of all the prisoners of note who were
committed to the Fleet, and they must only be glanced at, but with the
accession of Mary, some illustrious and historical names appear. First,
and foremost, and almost immediately after her accession to the throne,
we read, thanks to the preservation and collation, of State Papers,[96]
that on the 29th of July, 1553, a letter from the Privy Council was
sent to the "Wardene of the Flete, for the apprehensyone and commyttyng
of the Lord Russell, Anthonye Browne of Essex, and John Lucas." All
these prisoners seem to have been treated with great leniency, for
there is a letter (July 31) to the Warden of the Fleet bidding him to
give Mr. Lucas and Mr. Cooke _the libertye of his Garden_, so that there
must have been a garden then attached to the Fleet prison--and a
postscript orders that "he shall delyuer Mr. Anthonye Browne, and
suffer hym to goo to his awne Howse."
Public-domain text, read in full here on John Shaqi.
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