case the case OF the warden OF the fleet the house within the rule of the  fleet be no part of the prison so as to prevent civil process from be execute  therein and if the warden encourage resistance to such process the court of  common plea will interpose in a summary way S C Eq ab turner sergeant make  complaint on the part of the parishioner of saint bride be in London against  the warden of the fleet and his prisoner for that he suffer several of they to  be without the wall of his prison in tavern and other house adjoin to the  prison and front Fleetditch where they commit disorder and when the constable  come to keep the peace and to execute a warrant under the hand and seal of a  justice of peace they come in a tumultuous manner and hinder the execution of  justice and resc d the offender and often beat the officer the warden often  let out twenty or thirty of his prisoner upon any such occasion to inflame the  disorder it be pray therefore that this court to which the prison of the fleet  do immediate relate may give such direction to the warden that these mischief  for the future may be prevent and that the court will declare those house out  of the prison to be subject to the civil magistrate the court be all of  opinion except Atkins justice who doubt that nothing can proper be call the  prison of the fleet modern which be not within the wall of the prison a by the  will c it be recite that by reason of many ill practice of the warden of the  fleet c both debtor and creditor have be notorious abuse and enact that all  prisoner shall be actual detain within the prison or the rule of the same  until they shall be discharge by due course of law c c a and that the warden  can pretend a exemption from the authority modern er p of the civil magistrate  in such place as be out of the prison wall though house may be build upon the  land belong to the fleet for the preservation of the king peace be more to be  value than such a private right but Atkins justice say if such place be within  the liberty of the fleet he will not give the civil magistrate a jurisdiction  in prejudice of the warden but think it may be fit for the court to consider  upon what reason it be that the warden of the fleet apply such house to any  other use than for the benefit of the prisoner whereupon the court appoint the  prothonotories to go thither and give they a account of the matter and they  will take far order in it easter term the twentyninth of Charles the second in  the exchequer sir William Montague Knt chief baron sir Edward turner Knt sir  Edward thurland Knt sir Francis BranlSton Knt baron sir William Jones Knt  attorneygeneral sir Francis winnington Knt solicitor general