case Hodges against robert mark sen and robert mark Jun Trinity term James  roll Somerset a sheriff officer in make a arrest on mesne process need not  show his warrant until the party submit to the arrest and demand to see it  roll Abr cro car   light b Com dig Com dig Com dig Bac Abr Cowp a sheriff may  enter a house after dark to execute a be made fa if the door be open     Cowp  if a bailiff have two warrant in his pocket and the party arrest be rescue  either of the plaintiff may have action against the rescuers a action on the  ease lie by a plaintiff against a person rescue his debtor from arrest on  mesne process Bulst hob Bac Abr see Geo c action on the case whereas William  Pawle senior and William Pawle junior be indebt to he by several bind in  thirtyfive pound and to obtain this debt he procure a latitat out of the king  bench direct to the sheriff of Somerset to arrest they and show the course of  the court that upon appearance bail shall be put in whereupon he declare c and  that the sheriff make a warrant to Philip very and other to arrest they who by  virtue thereof arrest William Pawle junior that the defendant rescue he  whereby he escape and go to place unknown so that he lose his suit c the  defendant plead not guilty and a special verdict find this matter videlicet  the debt due to the plaintiff the prosecute of the latitat for this Cause the  make of the warrant thereupon to the sheriff c and further they find that the  say William Pawle be also indebt to Philip very senior and that he sue a  latitat against he who make also a warrant to the same bailiff to arrest he at  the suit of the say Philip very senior that it be direct to they jointly et  separately that they be not know bailiff that upon Jan James in the night  about six of the clock they enter d into the house of Robert mark senior the  door be open and William Pawle be there present the say Philip very junior lie  his hand on he and then have both the warrant in his pocket say unto he here I  do arrest you by virtue of a warrant that I have but he do not show he the  warrant nor have it in his hand nor tell he at who suit he arrest he old woman  that William Pawle do not demand to see the warrant nor at who suit he be  arrest and that the defendant rescue he from the bailiff and he escape et si  super totan means c croak James er p and it be first resolve that this arrest  without show the warrant and without tell at who suit until the other demand  be legal and well enough and that he need not show croak throw the warrant  until the other obey and demand it vide Mackalleys case a and countess of  Rutland case b second that this arrest in the house the door be open and at  six of the clock at night be good enough against the party arrest and the  rescue he be utter unlawful three that this arrest without have the warrant in  his hand and have both warrant about he be well enough although he do not show  by which of the warrant he arrest he for he be under the bailiff arrest be in  custody there for all cause for which the sheriff have make his warrant  against he although the sheriff or bailiff do not mention any special vide  Garnons case c and frost case d fourthly it be hold that for this rescous the  plaintiff at who suit the arrest be may maintain a action very well for he  have the loss and can have his action against the sheriff and therefore it be  reason he shall have his action against those who do the injury to he whereby  he lose his process and his mean to recover his debt as it be late here  adjudge in the case of may v Proby e whereupon it be adjudge for the plaintiff  vide Edward pl