case ken against elwis in the exchequer Chamber in a action for a rescue from  mesne process from b r a recital that by the practice of the court every one  arrest and bring in be in the custody of the sheriff instead of in custodian  mareschalli be not error for such recital be not necessary ante roll ab dougl  a action on the case will lie against a person for rescue a prisoner on mesne  process from the sheriff bailiff and the declaration shall state the truth of  the case in a action for a rescue on a non to let go a recital that a to be  ballivus liberty domini king be not erroneous action upon the case whereas one  shepherd be indebt to he by bind in three hundred pound and for nonpayment  thereof sue a latitat out of the king bench direct to the sheriff of  Nottingham to arrest he returnable at such a day intend upon his appearance  and bail put in accord to the course of the court to declare against he and  show the course and custom of the court that he upon appearance shall put in  good bail that if judgement be have against he he shall satisfy the  condemnation or render his body in execution that he deliver the writ accord  to John Thornegh sheriff who make a warrant to the bailiff of the king liberty  of Newark to execute it which warrant be deliver to one Leighton deputy of  Lord Burleigh balliua liberty domini king wapentagii Himself de Newark who by  force thereof arrest the say shepherd that the defendant rescue he out of the  custody of the say deputy and he escape and withdraw himself to place unknown  whereby he have not any remedy for his debt the defendant plead not guilty and  find against he to his damage of one hundred and eighty pound and adjudge for  the plaintiff and error thereof bring in the exchequerchamber croak throw  first because the custom of the king bench be allege to be that if any one  arrest come sub custodian sheriff he shall put in bail which be not so for he  shall be in custodian mareschalli and no declaration can be against he sub  guard sheriff say non allocatur for the substance of the matter be that he sue  out process to have he arrest for this cause and he be arrest be rescue which  be the ground of the action and all that be allege concern the custom be idle  and the show thereof shall not hurt he second whereupon it be chief insist for  that it be show that he be rescue from the deputy of the bailiff of the  franchise where it ought to have be allege that he be rescue from the bailiff  himself or from the sheriff as Henry croak James er p be say non allocatur for  there be diversity between this case which be a action upon his case wherein  he shall show the truth as in rei in point of fact it be and not as it be upon  the return of rescue or indictment which say that it be do to the sheriff or  bailiff himself and a precedent be show burgh v Appleton a sheriff of Essex  where in such a action it be declare that the bailiff of a liberty arrest the  party and deliver he to the sheriff deputy and he rescue he from the sheriff  deputy and judgement give in this action for the plaintiff which be affirm in  a writ of error the three error assign be because it be allege that Lord  Burleigh to be ballivus liberty domini king de Newark and the king can have  any liberty for they be extinct when they come to his hand say non allocatur  for the king may have such liberty by the suppression of the abbey which be  not extinct but revive by the statute of Henry c or by some other mean and it  shall not be intend to be extinct unless it be so show but shall be say to be  still in be and the bailiff of a liberty may well have a deputy wherefore the  judgement be affirm