case Bonham STRANGEWAIES case if the return of a rescue be that a b be in the  custody of three of the bailiff and that the defendant way et arms on ballivos  meo make a assault and a custodian ballivorum an umbelliferous plant c the say  a b do rescue be bad the sheriff of Dorsetshire return that by virtue of a  writ to he direct he make a warrant to three bailiff to arrest Bonham  Strangewaies Esq which say bailiff do take he and have he in their custody and  that one Gilbert and other way et arms on Thomas Merrice ballivos meo insultum  to make c and the say defendant adtunc et ibidem a custodian ballivorum an  umbelliferous plant et contra will urge do rescue exception be take to this  return for that the rescous be allege to be ex custodian ballivorum whereas it  shall have be ex custodian viscount because the sheriff and not the bailiff be  the officer of this court and the process be direct to he in the thirtyninth  year of Henry the six yearbook Henry pl bro Abr rescous pl a a writ be direct  to the coroner of Surrey to arrest a man and one of they make a return in his  own name alone that he have make a warrant to his servant to arrest the  defendant name in the writ who take he and that afterward he be rescue from  his say servant when it shall have be from himself for the arrest by the  servant be the arrest make by the master and by consequence the rescous must  be from he and ever since that case this have always be allow to be a good  exception to a return of rescous where the party be indict for it and rescue  out of the custody of the sheriff bailiff cro car roll Rep hetley a but it may  be otherwise if he have be rescue from a bailiff of a particular liberty  because he be a officer know in lawLitt Rep march style side b modern in the  nineteenth year of Charles the second the like exception be take to a return  of a rescous and Twisden justice affirm in this court that it have be rule  both way but Kelynge chief justice be of another opinion and that it have be  usual quash for this reason it be true if a action on the case be bring  against the party for a rescous there the plaintiff may declare secundum  reality fact that the defendant rescue the prisoner out of the custody of the  sheriff bailiff or deputy but if he be indict for it then it must be secundum  reality in lege videlicet that the prisoner be rescue out of the custody of  the sheriff himself but because it be return that the party be in custody of  three of the bailiff and the defendant insultum to make upon one which the  sheriff call ballivos meo for that reason it be quash