case the king against Dunbar attachment against person rescue prisoner who be  take upon a escapewarrant upon the master report the case appear to be as  follow the defendant Dunbar be a prisoner in the king bench and charge in  execution there at the suit of one Pilkington and afterward be turn over to  the fleet and there likewise charge in execution at the suit of the modern  report same party and on the thirty day of January last be take in Leicester  field upon a escapewarrant sign by one of the judge in the court of king bench  and then he insist on a dayrule but upon search there be none for that day  thereupon as he be carry through the old Bailey towards Newgate the officer of  the fleet rescue he and now upon a motion for a attachment against they and  that Dunbar may be take out of the fleet and send to Newgate it be insist for  he that he be charge in execution in the fleet can not be take by a  escapewarrant issue out of the court of king bench beside he think he have a  good dayrule for his name be enter in the petition for dayrules on the thirty  day of January but the clerk do not come in time to have it read in court that  day the court as to the objection that this man be charge in execution in the  fleet which be the prison of the court of common plea can be take by a escape  warrant sign by any of the judge of the court of king bench it appear to be  modern report er p otherwise upon read the statute Ann cap a by which it be  enact that if any person charge in custody in the king bench or fleet in  execution or on mesne process c shall go at large upon oath make thereof in  write before the judge of the court where the commitment action judgement or  execution be such judge shall commit the person escape to the common gaol of  the county where retake there to remain without bail till discharge by law so  that any judge of the court where the action be bring may grant a  escapewarrant and a judge of the common plea may grant it though the prisoner  be turn over and charge in execution in the king bench and so vice verse as to  the entry of his name in the petition for a dayrule it signify little unless  it be read in court therefore a attachment be grant against those who rescue  Dunbar and a rule be make that he shall be take out of the fleet and send to  Newgate