Escape of Debtors, etc. Act 1696

XV.

Debtor being in pretended Privileged Places, Sheriffs, &c. may take Posse Comitatus, and arrest in the said Privileged Places, on Mesne or other Process, Extent, or Execution; may break open Doors to execute Process; Sheriff, &c. neglecting or refusing to execute such Process,; Penalty £100; Opposing Officers in executing the same,; Penalty £50 and Punishment; Rescuing Prisoner so taken,; Penalty £500; and on Nonpayment thereof and Costs within One Month after Judgment signed,; Transportation for Seven Years.; Returning,; Death; Harbouring or concealing Rescner, Transportation for Seven Years, unless Debt and Costs paid; Returning,; Death.

And for the preventing for the future the many notorious & scandalous Practices used in many pretended priveledged Places in and about the Cities of London and Westminster and Borough of Southwark in the County of Surrey by obstructing the Execution of legal Processe there and thereby defrauding & cheating great Numbers of People of their honest and just Debts Be it further enacted by the Authority aforesaid That from and after the said First Day of May it shall and may be lawfull for any Person or Persons who have or hath any Debt or Debts Su[m]m or Su[m]ms of Money due or oweing to him from any person or p[er]sons who now is or hereafter shall be and reside within the White Fryars Savoy Salisbury Court Ram-Alley Mitre Court Fullers Rents Baldwyns Gardens Mountague Close or the Minories Mint Clink or Deadmans Place upon legal Processe taken out against such Person or Persons to demand and require the Sheriffs of London and Middlesex Head Bayliffe of the Liberty of the Dutchy of Lancaster or High Sheriff of the County of Surrey of Bayliffe of the Liberty of the Borough of Southwarke for the time being (as the Case shall require if the Plaintiffe think itt requisite) or their respective Deputy or Deputies Officer or Officers to take and they are hereby enabled respectively to take the Posse Comitatus or such other Power as to him or them or any of them shall seem requisite & enter the said pretended priveledged Places and any or either of them (as the Case shall require) and to arrest and in case of resistance or refusal to open the Doors to break open any Door or Doors to arrest such Person or Persons upon any Mesne or other Processe Extent or Execution or to seize the Goods of any such person or p[er]sons upon any Execution or Extent and if the said Sheriff or Sheriffs Head Bayliff or their Deputy or Deputies Officer or Officers or either or any of them shall neglect or refuse (upon such request) with such forcer to [X1 doe] their best endeavours for the executing of such Processe Execution or Extent hee or they so neglecting or refuseing to execute such Processe Execution or Extent shall forfeit to the Plaintiff or Plaintiffs in such Action the Su[m]m of One hundred pounds to be recovered by Action of Debt Bill Plaint or Information in which no Essoigne Protection or Wager of Law or more than one Imparlance shall be allowed and if in the executing of such Processe Execution or Extent any Person or Persons shall oppose or resist any such Officer or Officers or any of them or any who shall be aiding or assisting to him them or any of them in the executing of such Processe Execution or Extent hee or they so offending shall for every time hee or they shall so offend forfeit the Su[m]m of Fifty pounds [X2 and moreover shall be by some Justice of Peace co[m]mitted to the co[m]mon Goal of such County City or Place where such Offence shall be co[m]mitted there to remain without Bail or Mainprize until the next Assizes Sessions of Oyer & Terminer and general Goal Delivery to be held for such County City or Place and such Offender or Offenders being of such Offence or Offences duely convicted every such Offender shall suffer and undergo such Imprisonment and be sett in the Pillory as the Court where such Conviction shall be shall think fitt] and if any Rescous shall be made of any Prisoner taken by any such Officer or Officers as aforesaid upon any such Processe Execution or Extent within the Limitts of any the before mentioned p[re]tended priveledged Places by any Person or Persons whatsoever such person or p[er]sons so making such Rescous or aiding assisting or abetting the same & being thereof lawfully convicted shall respectively forfeit to the Plaintiff in any such Action the Su[m]m of Five hundred pounds to be recovered by Action of Debt Bill Plaint or Information in any of his Majesties Courts att Westminster in which Action Bill Plaint or Information no Essoigne Priveledge Protection Wager of Law or more than one Imparlance shall be allowed and if after such Recovery had against any Person or Persons for such Rescous or for aiding assisting or abetting the same the Person or Persons against whom such Recovery shall be had shall refuse or neglect to pay to the Plaintiff in such Action or to his her or their Executors Administrators or Assigns the Su[m]m or Su[m]ms recovered with full Costs of Suit within One Month after Judgement signed upon such Recovery & Demand made that then the Person or Persons so refusing or neglecting as aforesaid [X2 upon producing a Copy of the Judgement upon which such Recovery shall be had and Oath made that the Money recovered is not paid shall by order of such Court wherein the said Person or Persons was or were so convicted of or for any such Rescous or for aiding assisting or abetting the same be transported by the Sheriff or Sheriffs of the County City or Place where such Conviction shall happen to be] to one of his Majesties Plantations beyond [X2 the Seas] there to remaine for the space of Seven Yeares and if the Person or Persons so transported shall returne againe to this Kingdome within the space of Seven Yeares hee she or they so returning shall be and is hereby adjudged guilty of Felony and shall not be allowed the Benefitt of Clergy but shall suffer & forfeit as in Cases of Felony where Clergy is not allowed and if any Person or Persons inhabiting within either or any of the aforesaid p[re]tended priveledged Places shall receive conceal or harbour any Person or Persons who shall have made any Rescous as aforesaid hee she or they so receiving concealing or harbouring any such Person or Persons knowing or having had Notice that such Person or Persons had been guilty of such Offence being thereof convicted by due Course of Law shall be [X2 by order of that Court where such Conviction shall happen to be by the Sheriff or Sheriffs of the County City or Place where the Offence was co[m]mitted ] transported to some or one of his Majesties Plantations beyond the Seas there to remaine for the space of Seven Yeares [X2 unlesse such Person or Persons shall within the space of One Month next after such Conviction pay to the Plaintiff or Plaintiffs in such Action or Suit the full Debt or Duty for which such Action or Suit was brought with full Costs] and if hee she or they shall returne into this Kingdome within the said space of Seven Yeares hee she or they so returning shall be and is hereby adjudged guilty of Felony and shall not be allowed the Benefitt of Clergy but shall suffer and forfeit as in Cases of Felony where Clergy is not allowed.

Editorial Information

X1 Variant reading of the text noted in The Statutes of the Realm as follows: use O. [O. refers to a collection in the library of Trinity College, Cambridge]

X2 annexed to the Original Act in a separate Schedule.