case stringer against STANLACK Hilary term Elizabeth roll trespass for a  wrongful take and detention in prison plea a justification by legal process  replication that he detain he after a supersedeas to the writ this be a  departure from the declaration for it only complain of the tortuous  imprisonment and omit the wrongful take ante Lut cro James Mod post Mod Mod  Mod Mod ld raym ba ab in notorious facts false imprisonment for that he take  and imprison he for the space of a hour the defendant plead that a capias ad  to give satisfaction at the suit of I S issue to the sheriff of wilts against  the plaintiff who make his warrant to the defendant to arrest the plaintiff  whereupon he by virtue thereof arrest the plaintiff et hoc c the plaintiff  reply that after the writ of execution award and before the caption and  imprisonment he satisfy the sheriff of the money c whereupon the sheriff make  his warrant direct to all his bailiff c that they shall surcease the execution  and that he deliver it to the plaintiff and that the defendant arrest he and  present after the arrest he show unto he this discharge and yet  notwithstanding he detain urn in prison for the space of a hour the defendant  rejoin that he be illiterate and present after the delivery of the warrant of  supersedeas from the sheriff he go to a literate man to know the effect  thereof and in the interim detain he in prison and as soon as he be inform of  the content thereof he set he at large it be thereupon demurrer for it be say  that he take upon he the office to be a bailiff ought not to he ignorant  thereof or what he be to do and that retence of ignorance shall not excuse he  but at his peril he be to take notice of this discharge c Fenner when he be  once take by force of a can sa the sheriff himself can not have discharge the  prisoner without offence to the law although he have receive the money for the  writ be capias ad to give satisfaction ita qubd haheas corpus he c so although  he pay the money yet the sheriff ought not to discharge he and if he do he be  Chargeable with a escape wherefore his warrant be no warrant to the bailiff  after he be once arrest to discharge he and the defendant do well and do tort  in detain of he and of that opinion be Popham chief justice but gawdy and  Clench hold that in regard it be but a writ of execution and to have the money  in court he have receive the money ought not to have arrest the party and if  he have arrest he may well discharge he vide Henry pl per danby Henry pl Henry  pl but as to the point of the bailiff ignorance they deliver not any opinion  but Fenner hold that he well may take time to he inform thereof and he be not  compellable to take notice of it but Popham doubt thereof croak Elizabeth er p  gawdy then move a exception to the replication for it be that after this  warrant of sum persedeas from the sheriff deliver unto he he detain he in  prison and so complain of the tortuous imprisonment but speak nothing of his  caption whereof he complain in his declaration so there be a manifest  departure as to it for it maintain not his count and so for this cause only it  be adjudge for the def endant