Escape of Debtors, etc. Act 1696

VI. No retaking on fresh Pursuit to be given in Evidence on Action of Escape, unless specially pleaded; nor any special Plea, unless upon Oath that Escape was without Consent of the Marshal, &c.

And be it further enacted by the Authority aforesaid That from and after the said First Day of May no retaking on fresh pursuit shall be given in Evidence on the Tryal of any Issue in any Action of Escape against the said Marshall or Warden or their respective Deputie or Deputies or against any other Keeper or Keepers of any other Prison or Prisons as aforesaid unlesse the same be specially pleaded nor shall any special Plea be taken received or allowed unlesse Oath be first made in writing by the Marshal or Warden or their respective Deputie or Deputies or by such other Keeper or Keepers of any other Prison or Prisons as aforesaid against whom such Action shall be brought and filed in the proper Office of the respective Courts that the Prisoner for whose Escape such Action is brought did without his consent privity or knowledge make such Escape and if such Affidavitt shall att any Time afterwards appeare to be false and the Marshall or Warden or other Keeper or Keepers of any other Prison or Prisons shall be convicted thereof by due course of Law such Marshall or Warden or other Keeper or Keepers of any other Prison or Prisons shall forfeit the Su[m]m of Five hundred pounds.