case the case OF sir mile Hobert and William stroud Esq every place where a  person be restrain of his liberty be a prison but if a person be commit to a  particular place and instead of confinement within the wall go at large he may  be indict for the misdemeanour although he have the gaoler permission post  ante the court of king bench may by rule of court appoint the prison of the  court to be in any part of England post roll Abr strange see Geo c for the  present boundary of the rule of the king bench prison see term Rep the  attorneygeneral exhibit two several information the one against William Stroud  Esq the other against sir mile Hobert knight the charge against both of they  therein be for several escape out of the prison of the Gatehouse they both  plead not guilty and their case appear to be as follow the say William Stroud  and sir mile Hobert be by the king command commit to prison for misdemeanour  allege against they in their carriage in the house of Commons at the last  parliament croak car afterward in Trinity term car both of they be by order of  this court and by a warrant from the attorneygeneral to be remove to the  Gatehouse the warden of the Marshalsea where they be before imprison send the  say Stroud to the keeper of the Gatehouse who receive he into his house late  build and adjoin to the prison of the Gatehouse but be no part thereof after  which receipt the same night be licence the say Stroud to go with his keeper  to his chamber in GraysInn and there to reside sir mile Hobert be also by the  say warden of the Marshalsea deliver to the keeper of the Gatehouse but be  sick and abide at his chamber in fleet street he can not be remove to the  prison of the Gatehouse but there continue with his keeper also afterward the  sickness increase in London they with the licence of the keeper of the  Gatehouse as it be prove retire with their underkeepers to their several house  in the country for the space of six week until Michaelmas term then next  follow when by direction of the say keeper they return to his house but in all  that space it can not be prove that they ever be in any part of the old prison  of the Gatehouse but in the new building thereto adjoin unless when they once  withdraw themselves to a closestool which be place near to the parlour and be  part of the old prison of the Gatehouse this evidence be give to both the say  jury and both of they return their verdict several that they be not guilty  accord to the information exhibit against they and in this case it be debate  at the bar and bench whether by this their receipt and continuance in the new  house only it may be say that they ever have be imprison and the judge hold  that their voluntary retirement to the closestool make they to be prisoner  they resolve that in this and all other case although a prisoner depart from  prison with his keeper licence yet it be a offence as well punishable in the  prisoner as in the keeper and calthrop make this difference betwixt breach of  prison and escape the first be against the gaoler will the other be with his  consent but in both the prisoner be punishable whereunto the whole court agree  it be also resolve that the prison of the king bench be not any local prison  confine only to one place and that every place where any person be restrain of  his liberty be a prison as if one take sanctuary and depart thence he shall be  say to break prison croak car er p croak car easter term car ID the king bench  sir Nicholas hide Knt chief justice sir William Jones Knt sir James Whitlock  Knt sir George croak Knt justice sir Robert heath Knt attorney general sir  Richard Sheldon Knt solicitor general case memorandum in this term sir George  Vernon one of the baron of the exchequer be make puisne justice of the common  plea in place of sir Humphrey davenport who be make chief baron of the  exchequer in Hilary term last pass and James Weston of the Inner temple be by  writ returnable mensae Paschae make a sergeant be appear in chancery quarto  die post of the return be Thursday and the Monday follow before all the  justice of the king bench and common plea and baron of the exchequer none be  absent assemble at sergeantsinn in fleet street perform the solemnity recite  his count and his robe be there put on and he make his feast in sergeantsinn  for the justice and sergeant and the king learned counsel and give ring accord  to the usual manner afterward with this inscription servus king to be a  servant Legi and within two day be make one of the baron of the exchequer