case the king against fall keeper of Newgate a indictment against the keeper  of Newgate for the escape of a person in his custody pro southsouthwest wind  prodition ill not say he be commit for it S c Mod S c salk S c holt S c ld ray  fall be indict for the escape of berkenhead who be commit for high treason in  conspire the death of the king upon not guilty plead and verdict against the  defendant it be move in arrest of judgement that the indictment be only that  fall suffer berkenhead to escape be in his custody pro southsouthwest wind  prodition predict and do not show that he be commit for high treason to the  custody of the defendant and for this exception judgement be arrest for it be  say by holt chief justice that he may be in custody for debt riot c and  another may go before a secretary of state or justice of peace and swear high  treason against he in that case he be in custody of fall charge with high  treason but because he be not commit to fall for high treason he shall not  answer for his escape as for the escape of one commit for high treason the  precedent be pron  interrog  ex causan undertaking to be another objection be  that it be say that berkenhead be commit prison de Newgate sub custodian vic  whereby it do not appear that he be commit to the custody of fall and that to  say he be commit prison be insensible for he can be commit to a place but to a  person c as to the first part of the objection it be hold well enough for if b  be commit to the sheriff and the gaoler let we he escape the gaoler be liable  and though some doubt have be make whether the sheriff be liable in such case  yet by holt chief justice without doubt he be for by the Edward c the a see  Geo c and Geo c a post mich will Dillon v Waltcott cro car bp Ossory contra  modern report er p sheriff be to put in such keeper for who he will answer and  the Henry c which restore the gaol to the sheriff say that he shall be  answerable for the escape where the gaol belong to he a as to the other part  of the objection holt chief justice say that undertaking to be prison or Turri  London be good and so be the precedent but for the first objection judgement  be arrest modern report another indictment be against he for the escape of one  Wray convict of a misdemeanour for attempt to   chequer bill b and after  judgement that he shall stand in the pillory the sheriff out of favour delay  the execution beyond the usual time and in that time Wray escape and on the  indictment fall be find guilty be now in court to be fine holt chief justice  in this case the sheriff ought to be prosecute and fine grievous for the  judgement ought to be execute in convenient time and the sheriff respire it be  a affront to the justice of the nation but however that be no excuse to fall  if here fall have retake the malefactor before a indictment find against he  for the escape he ought not afterward to be trouble for the escape and he be  fine forty mark