discharge, passing by the door of that prison, stopped, to give charity to the prisoners at the grate, and being seen by James Barnes (one of the said Bambridge's agents, and accomplices) the said Barnes seized, and forced him into Corbett's spunging-house, where he hath been detained ever since (now upwards of nine months) without any cause, or legal authority, whatsoever. That Corbett, being examined touching the discharge of his prisoners, owned, he never made any regular entry; and that all the original discharges of prisoners, committed to his custody since Mr. Guybon's time, were not received by him from the warden, but left with the turnkey, from whom he only received verbal directions. The Committee could not get from Mr. Bambridge, or his officers, any List of such prisoners, as have the liberty of the rules and precincts of the Fleet prison; but the Committee obtained, by another hand, a List of 382 persons, with an account of what each person hath paid to the warden for such liberty, and the annual gifts every Christmas, amounting to near 2,828/. 17s. 4d. And it appeared to the Committee, that the prisoners for the greatest debts have not signed the book: That the gratuity to the warden, for the liberty of the rules, is exacted in proportion to the greatness of the debt, and, if all paid, that account would be three times the before-mentioned sum: These sums, so paid, appear to be very extraordinary exactions from the prisoners, and are the more unreasonable, because all prisoners, who have the liberty of the rules, enter into bonds, in very great penalties, with sufficient sureties, for not escaping, the least of which penalties are always double the sums they stand committed for. Mr. Cotton, clerk of the papers, upon his examination concerning the money, taken by him for day rules, granted to prisoners, confessed, that every prisoner, who has the liberty to go abroad in term time, pays 5s. 6d. for each day, and for the the first and last days of the term 6s. which, he said, is divided in the following manner; viz. To the Four Judges 3d. each To the Warden s. d. 1 1 1 0 8 And that in about two years time one gentleman paid 301. for obtaining day rules. That an act having passed in the sixth year of the late king, for the relief of insolvent debtors, Mr. Fytche did thereupon declare, in the name of the said Mr. Huggins (who had directed him so to do) that, unless every prisoner within the rules would give him two guineas, they should not be listed, in order to be discharged, in pursuance of that act; for that be, the said Huggins, would refuse to swear them his prisoners, as that act required, and would not suffer his deputy to do it; but a list was delivered of about 20 prisoners, then in the rules, who were discharged, having given two guineas each to Huggins, for inserting them in the List, and for swearing them to be his prisoners; and 300 prisoners were carried up to Guildhall, in order to their discharge, but some were refused to be listed, and lost the benefit of the act, because they had not money enough to pay for being put into the List. That Mr. Huggins, being examined touching an instrument, signed by him in November, 1724, appointing Richard Corbett one of the five tipstaffs of, or belonging to, the Fleet prison, acknowledged, that he had no power, by virtue of any patent from the crown, to constitute such tipstaff; but that, when he came to his office, he found, that such an officer had been so constituted, and he took that for a precedent to do the same. That there are five Commitment books, wherein the names of all prisoners, committed to the Fleet prison, are, or ought to be, entered: The commencement of the date of the first first book is the26th of March, 1708, and the last the 6th of May, 1728, to this time. There is one Book, wherein the names are inserted of those prisoners, who are removed to the Fleet by Habeas Corpus, beginning in Michaelmas Term, 1727, to this time. There is one Declaration Book, wherein the names of those creditors are inserted, who declare against their debtors, beginning the 23d of January, 1728, to this time. There is one Lodge Book, wherein the prisoners names are entered, when they come into the prison, beginning November, 1728. There is one Security Bond book, without date. That he, the said Mr. Huggins, on Saturday, Sunday, and Monday, the 1st, 2nd, and 3rd of March, 1728 (since the Committee was appointed) did exonerate, or discharge out of the Commitment Books, 119 persons, for several sums, amounting to about 17,099l. 6s. 7d. He owned, that he has in his custody 52 discharges more, which ought to have been long since discharged, and amount to very great sums of money. That by the dates in the List, which Mr. Huggins delivered to the Committee, of 119 persons, so discharged, and the 52 to be discharged, it appeared, that many of them ought to have been discharged in the years 1718, 1719, 1720, and so on to this time. That there are two escape warrants, one of which the judge grants, the other the warden : that which the judge grants carries the prisoner to Newgate, there to remain during life, unless the debt be paid; and that, which the warden grants, is on some information, or pretence, that the prisoner is out of the rules, and so remands him to the prison. One ill use, which is made of keeping the prisoners so long on the Commitment Book, is, that the warden may, at his pleasure, issue his escape warrant against any such person, continued on the Commitment Book, and carry him to the spunging-house, or to the prison, and there detain him, until be squeezes from him all the money, that can possibly be got. Another ill use, and inconveniency, is, that persons, who have been seven years, or more, out of the rules, or out of the prison (their names remaining in the Commitment Book) return, after having contracted new debts, and so become prisoners again fraudulently, to obtain the benefit of the usual acts for relief of insolvent debtors. in the county of Salop, where, the Committee are informed, he still remains. That the said James Barnes (though a prisoner in the Fleet prison upon execution) hath been permitted, during this enquiry, to come from thence to Westminster, to the said Bambridge, when in custody of the messenger to the Serjeant at Arms attending this House. The Committee find, that the said Bambridge hath, by himself, and his agents, often refused to admit prisoners into the prison, though committed by due course of law; and, in order to extort money from them, hath often, contrary to an act, of the 22nd and 23rd of king Charles 2, without their free and voluntary consent, caused them to be carried away from the prison gate unto a public victualling or drinking house, commonly called a spunging That the date of the Habeas Corpus book house, belonging to him the said Bambridge, as being but in Michaelmas Term 1727, the date warden, and rented of him by Corbett, his tipof the declaration book the 23rd of January, staff, and hath there kept them at exorbitant 1728, and the date of the lodge book Noveni- charges, and forced them to call for more liber, in 1728, the Committee conceive, from quor, than they were inclined to, and to spend such late dates, that there must be a conceal-more, than they were able to afford, to the ment of former books of that kind, or that they defrauding their creditors, and the distressing are destroyed; either of which must tend to of their families, whose substance they are comthe great prejudice of the prisoners, and the pelled there to consume; and, for the more creditors, and to the suppressing the truth in effectual making them stretch their poor rethis enquiry. mains of credit, and to squeeze out of them the charity of their friends, each prisoner is better or worse treated, according to his expences, some being allowed a handsome room and bed to themselves, some stowed in garrets, three in one bed, and some put in irons. That, since the said Thomas Bambridge has acted as warden, the books, belonging to the office of the warden, have been very negligently kept, and the discharges not duly entered, to the great prejudice of many of his Majesty's subjects; and he hath not regularly taken charge of the prisoners, committed to his care by his patent, and hath not, as he himself confesseth, ever had any authentic list of the prisoners in the rules delivered him; so he cannot have executed the trust of keeping his prisoners in safe custody when he did not know, who, or where, they were. The Committee find, that the said Thomas Bambridge, who for some years acted as deputy-warden of the Fleet, and is now actually warden of that prison, hath himself been aiding and assisting in an escape; that be caused a private door to be made through the walls of the prison, out of the yard, where the dogs are, the key of which door was kept by himself; and he with his own hands opened the door, and let out Boyce, the smuggler, charged, at the King's suit with upwards of 30,000l. and was afterwards seen at Islington, and hath been several times let out of the prison by Bambridge. That William Kilberry was allowed by Bambridge to go out of the prison, and the rules thereof, though charged at the suit of the crown with the sum of 5,8201. That William Booth, charged with 5,8201. at the suit of the crown, though committed close prisoner, was also suffered to go out of the prison, and the rules thereof. That William Talure, committed by the Court of Common Pleas for 7401. upon mesne process, and charged with forgery, hath been suffered to go out of the Fleet prison to Wem, That these houses were further used by the said Bambridge as a terror for extorting money from the prisoners, who, on security given, have the liberty of the rules: of which Mr. Robert Castell was an unhappy instance; a man born to a competent estate: but being unfortunately plunged in debt, was thrown into prison: he was first sent (according to custom) to Corbett's; from whence he, by presents to Bambridge, redeemed himself, and, giving security, obtained the liberty of the rules; notwithstanding which, he had frequently presents (as they are called) exacted from him by Bambridge, and was menaced, on refusal, to be sent back to Corbett's again. The said Bambridge having thus unlawfully extorted large sums of money from him in a very short time, Castell grew weary of being made such a wretched property, and resolving not to injure farther his family or his creditors, for the sake of so small a liberty, he refused to submit to further exactions; upon which the said Bambridge ordered him to be re-committed to Corbett's where the small pox then raged, though Castell acquainted him with his not having had that distemper, and that he dreaded it so much, that the putting him into a house, where it was, would occasion his death, which, if it happened, before he could settle his affairs, would be a great prejudice to his creditors, and would expose his family to destruction; and therefore he earnestly desired, that he might either be sent to another house, or even into the gaol itself, as a favour: the melancholy case of this poor gentleman moved the very agents of the said Bambridge to compassion, so that they also used their utmost endeavours to dissuade him from sending this unhappy prisoner to that infected house; but Rambridge forced him thither, where he (as he feared he should) caught the small pox, and in a few days died thereof, justly charging the said Bambridge with his death, and unhappily leaving all his affairs in the greatest confusion, and a numerous family of small children in the utmost distress. It appeared to the Committee, that the letting out of the Fleet tenements to victuallers, for the reception of prisoners, hath been but of late practised; and that the first of them, let for this purpose, was to Mary Whitwood, who still continues tenant of the same; and that her rent has, from 321, per annuin, been increased to 60l. and a certain number of prisoners stipulated to be made a prey of, to enable her to pay so great a rent; and that she, to procure the benefit of having such a number of prisoners sent to her house, bath, over and above the increased rent, been obliged to make a present to the said Bainbridge of 40 guineas, us also of a toy (as it is called) being the model of a Chinese ship, made of amber, set in silver, for which fourscore broad pieces had been offered her. This is the first method of extorting money from the unhappy prisoners; aud, when they cau no longer bear the misery and expence of a spunging-house, before they can obtain the privilege of being admitted into the prison, they are obliged to comply with such exorbitant fees, as the said Bambridge thinks fit to demand; which if they do not, they are sure, under various pretences, of being turned down to the common side, if not put in irons, and dungeons; and this has been done to those, who were willing, and offered to pay the fees, established by the regulation, made by the judges of the Common Pleas in Trinity term, 1727, which ought to have been hung up in some public place in the prison, to which the prisoners might have free access, but was secreted by the said James Barnes, pursuant to the orders of the said Bambridge; which Table of Fees seems to be unreasonable, because it obliges men, who are committed for not being able to pay their debts, to pay such sums of money, as their circumstances render them altogether unable to comply with. And this Table of Fees was fraudulently obtained by the said Bambridge; for it appeared to the Committee, that, upon complaint of the prisoners of the Fleet to the court of Common Pleas, the order, made by lord chief justice Herbert, establishing the fees of that gaol, was ordered to be read: which order was founded upon institutions made in the year 1651, in which was a Table of Fees; two items whereof being taken away, the rest remained, as follows: And the said Bambridge read the said order, and, instead of reading the particular items, he read only the said sum total of 21. 4s. 4d. and thereby he induced the judges to believe, that the said sum was the fee due to the Warden; and accordingly they ordered that 27. 4s. 4d. to be paid, as due to the Warden for a commitment fee, and ordered the other fees, due to the Chamberlain, Gaoler, and others, to be paid, over and above the said 21. 4s. 4d. and the same bave been ever since taken, besides the 7s. 4d. to the Warden, upon the prisoner's discharge, notwithstanding they are all included in the 27. 4s. 4d. The said Judges of the Common Pleas seeming to be of opinion, that every action, to which a prisoner was rendered in discharge of his bail, was a separate commitment, and that there was a separate commitment fee due upon each action, the said Bambridge has thereupon. received six or seven times 21. 4s. 4d. of a single person, as his bare commitment fees; whereby the prisoner has paid six times for the liberty of the house and irons, six dismission fees, for six obligations (though none given) six fees to the Chamberlain, Porter, Gaoler, &c. and six gallons of wine; and the prisoner pays the Chamberlain, Gaoler, &c. for his discharge besides. The said Bambridge likewise takes a fee of 31. 6s. 8d. from every prisoner, committed by the Exchequer, or Chancery; whereas there is no such fee due, nor any distinction in the table of fees between the commitment of one court, or another. And for a more particular Account of the Fees, Chamber Rent, and Dues to the Chaplain, the Committee refer to the annexed Appendix, marked with the Letter B. And, notwithstanding the payment of such large fees, in order to extort further sums from the unfortunate prisoners, the said Bambridge unjustly pretends, he has a right, as Warden, to exercise an unlimited power of changing prisoners from room to room, of turning them into the common side, though they have paid the master's side fee, and inflicting arbitrary punishments, by locking them down in unwholesome dungeons, and loading them with torturing irons; some instances of which follow; viz. Jacob Mendes Solas, a Portuguese, was, as 1 far as it appeared to the Committee, one of the first prisoners for debt, that ever was loaded with irons at the Fleet. The said Bambridge one day called him into the gate-house of the prison, called The Lodge; where he caused him to be seized, fettered, and carried to Corbett's, the Spunging house, and there kept for upwards of a week; and, when brought back into the prison, Bambridge caused him to be turned into the Dungeon, called The Strong Room of the master's side. This place is a vault, like those in which the dead are interred, and wherein the bodies of persons, dying in the said prison, are usually deposited, till the coroner's inquest hath passed upon them: It has no chimney, nor fire-place, nor any light, but what comes over the door, or through a hole of about eight inches square: It is neither paved nor boarded; and the rough bricks appear both on the sides and top, being neither wainscoted nor plaistered: What adds to the dampness and stench of the place, is, its being built over the cominon shore, and adjoining to the sink and dunghill, where all the nastiness of the prison is cast. In this miserable place the poor wretch was kept by the said Bambridge manacled and shackled for near two months. At length, on receiving five guineas from Mr. Kemp, a friend of Solas's, Bambridge released the prisoner from his cruel confinement; but, though his chains were taken off, his terror still remained; and the unhappy man was prevailed upon, by that terror, not only to labour gratis for the said Bambridge, but to swear also, at random, all that he hath required of him: and the Committee themselves saw an instance of the deep impression is sufferings had made upon him; for, on his surmising, from something said, that Bambridge was to return again as Warden of the Fleet, he fainted, and the blood started out of his mouth and nose. Captain John Mackpheadris, who was bred a merchant, is another melancholy instance of the cruel use, the said Bainbridge hath made of his assumed authority. Mackpheadris was a considerable trader, and in a very flourishing condition, until the year 1720, when, being bound for large sums to the crown for a person, afterwards ruined by the misfortunes of that year, he was undone. In June 1727, he was prisoner in the Fleet; and, although he had before paid his commitment fee, the like fee was extorted from him a second time; and he having furnished a room, Bambridge demanded an extravagant price for it, which he refused to pay; and urged, that it was unlawful for the Warden to demand extravagant rents, and offered to pay what was legally due: notwithstanding which, the said Bambridge, assisted by the said James Barnes, and other accoinplices, broke open his room, and took away several things of great value, amongst others, the King's extent in aid of the prisoner (which was to have been returned in a few days, in order to procure the debt to the crown, and the prisoner's enlargement) which Bambridge still detains: Not content with this, Bambridge locked the prisoner out of his room, and forced him to lie in the open yard, called the Bare. He sat quietly under his wrongs, and, getting some poor materials, built a little but, to protect himself, as well as he could, from the injuries of the weather. The said Bambridge, seeing his unconcernedness, said, "Damn him, "he is easy! I will put him into the Strong "Room before to-morrow ;" and ordered Barnes to pull down his little hut: which was done accordingly. The poor prisoner, being in an ill state of health, and the night rainy, was put to great distress. Some time after this be was, about eleven a clock at night, assaulted by Bambridge, with several other persons, his accomplices, in a violent manner; and Bambridge, though the prisoner was unarmed, attacked him with his sword, but by good fortune was prevented from killing him; and several other prisoners coming out, upon the noise, they carried Mackpheadris, for safety, into another gentleman's room. Soon after which, Bambridge, coming with one Savage, and seve ral others, broke open the door; and Bambridge strove with his sword to kill the prisoner; but he again got away, and hid himself in another room. Next morning the said Bambridge entered the prison with a detachment of soldiers, and ordered the prisoner to be dragged to the lodge, and ironed with great irons: on which he desiring to know, for what cause, and by what authority, he was to be so cruelly used, Bambridge replied, It was by his own authority; and, damn him, he would do it, and have his life! The prisoner desired, he might be carried before a magistrate, that he might know his crime, before he was punished; but Bambridge refused; and put irons upon his legs, which were too little, so that, in forcing them on, his legs were like to have been broken, and the torture was impossible to be endured: upon which the prisoner complaining of the grievous pain, and straitness of the irons, Bambridge auswered, that he did it on purpose to torture him: on which the prisoner replying, that by the law of England no man ought to be tortured; Bambridge declared, that he would do it first, and answer for it afterwards; and caused him to be dragged away to the dungeon; where he lay without a bed, loaded with irons, so close rivited, that they kept him in continual torture, and more tified his legs. After long application his irons were changed, and a surgeon directed to dress his legs; but his lameness is not, nor ever can be, cured. He was kept in this miserable condition for three weeks, by which his sight is greatly prejudiced, and in danger of being lost. The prisoner, upon this usage, petitioned the judges; and, after several meetings, and a full hearing, the judges reprimanded Mr. Huggins and Bambridge, and declared, that a gaoler could not answer the ironing of a man, before he was found guilty of a crime but, it being out of term, they could not give the prisoner any relief or satisfaction. Notwithstanding this opinion of the Judges, the said Bambridge continued to keep the prisoner in irons, till he had paid him six guineas; and, to prevent the prisoner's recovering damages for the cruel treatment of him, Bambridge indicted him, and his principal witnesses, at the Old Bailey, before they knew any thing of the matter; and, to support that indictment, he had recourse to subornation, and turned two of his servants out of places, which they had bought, because they would not swear falsely, that the prisoner had struck the said Bambridge; which words he had inserted in affidavits, ready prepared for signing, and which they knew to be false. As soon as they were apprised of it, they applied to the lord mayor, who ordered the grand jury down to the Fleet; where they found that Bambridge was the aggressor; but the bill against the prisoners being already found, the second enquiry was too late. The prisoners, being no longer able to bear the charges of prosecution, which had already cost 100l. and being softened by promises, and terrified by threats, submitted to plead guilty, on a solemn assurance, and agreement, made with Bambridge before witnesses, of having but one shilling fine laid upon them; but, so soon as they had pleaded guilty, Bambridge took advantage of it, and has continued harrassing them, and their securities, ever since. The desire of gain urged the said Bambridge to the preceding instances of cruelty; but a more diabolical passion, that of malice, aniinated him to oppress Captain David Sinclair in the following manner: At the latter end of June, or beginning of July, last, the said Bambridge declared to the said James Barnes, one of the agents of his cruelties, that he would have Sinclair's blood; and he took the opportunity of the first festival day, which was on the first of August following, when, he thought, captain Sinclair might, by celebrating the memory of the late King, be warmed with liquor so far, as to give him some excuse for the cruelties, which he intended to inflict upon him: but in some measure he was disappointed; for captain Sinclair was perfectly sober, when the said Bambridge rushed into his room, with a dark lanthorn in his hand, assisted by his accomplices James Barnes and William Pinder, and supported by his usual guard, armed with muskets and bayonets, and, without any provocation given, run his lanthorn into captain Sinclair's face, seized him by the collar, and told him, he must come along with him. Captain Sinclair, though surprised, asked, for what, and by what authority, he so treated him upon which Barnes, and the rest, seized captain Sinclair; who still desiring to know, by what authority they so abused him, Bambridge grossly insulted him, and struck him with his cane, on the head and shoulders, whilst he was held fast by Pindar and Barnes. Such base and scandalous usage of this gentleman, who had in the late wars always signalised himself with the greatest courage, gallantry, and homour, in the service of his country, upon many VOL. VIII. the most brave and desperate occasions, must be most shocking and intolerable; yet captain Sinclair bore it with patience, refusing only to go out of his room, unless he was forced: whereupon the said Bambridge threatened to run his cane down his throat, and ordered his guard to stab him with their bayonets, or drag him down to the said dungeon, called The Strong Rooin; the latter of which they did; and Bambridge kept him confined in that damp and loathsone place, till he had lost the use of his limbs, and memory, neither of which has he perfectly recovered to this day. Many aggravating cruelties were used, to make his confinement more terrible; and, when Bambridge found, he was in danger of immediate death, he removed him, for fear of his dying in duress, and caused him to be carried, in a dying condition, from that dungeon to a room, where there was no bed, or furniture; and so unmercifully prevented his friends having any access to him, that he was four days without the least sustenance. It appeared to the Committee, by the evidence of a surgeon, and others, who were prisoners in the house, that, when captain Sinclair was forced into that loathsome dungeon, he was in perfect health. Captain Sinclair applied for remedy at law against the said cruelties of Bambridge, and had procured a Habeas Corpus, for his witnesses to be brought before the sessions of Oyer and Terminer; when the said Bambridge, by colour of his assumed authority as.warden, took the said writs of Habeas Corpus from the officer, whose duty it was to make a return of them, and commanded him to keep out of the way, whilst he himself went to the Old Bailey, and immediately indicted captain Sinclair, and such of his witnesses, as, he knew, he could not deter by threats, or prevail with by promises, to go from the truth. Captain Sinclair had temper enough to bear patiently almost insupportable injuries, and to reserve himself for a proper occasion, when justice should be done hin by the laws of the realm. But the said Bambridge has forced others, by wrongs and injuries beyond human bearing, to endeavour the avenging injuries and oppressions, which they could no longer endure. And it appeared to the Committee, that the said Bambridge, in order to avoid the punishment due to these crimes, hath committed greater; and hath not only denied admittance to the solicitors, who might procure justice to the injured prisoners, and in open defiance to the law, disobeyed the King's writs, but bath also seduced some, by indulging them in riot, and terrified others with fear of duress, to swear to, and subscribe, such false affidavits as he thought fit to prepare for them on several occasions; in all which wrongs and oppressions John Everett also acted as one of the said Bambridge's wicked accomplices. That the said Bambridge, being asked by the Committee, by what authority he pretended to 3 A |