John Huggins late Warden.
Of the Fleet prison London
Upon the Escape of David Boys out of
the Fleet prison who was there charged
with a Judgment agt him obtained for
runing Goods for.
The prisoner Boys having had his Liberty to go out of the prison when and as often as he pleased and full evidence to several escapes being laid before the Comissioners of His majesties Customes they consulted Mr. Attorney General thereon, and the evidence appearing to be full and clear an Action of Debt was brought in Mr. Attorney
General's name agt the deft. Huggins for the debt with which the prisoner Boys was so charged in execution and issue having been joyned the Cause came to be tryed in Trinity Term last and full proof of Boys's going out of the prison was given and that it was with the priorty and consent of the Turnkey John Bouch - The defendts Council insisted that the deft was not privy to the escaped and whether the deft shou'd be answerable for the Act of his Turnkey was a point of Law undetermined and therefore prayed that it might be found special which was directed by the Court and found accordingly. And it will be argued this Term if the death of Lord Chief Baron does not prevent it. Which is most humbly submited