case the king against BYTHELL a good judgement return though the return not  good so will not discharge he but put he to his writ of error S c Mod S c salk  S c holt S c ld ray Bythell be indict at the session of oyer and terminer and  gaoldelivery for buy and sell broad money and convict and fine one hundred  pound and by habeas corpus direct to the keeper of Newgate be bring to the  king bench and this return be make that he be commit to he keeper of Newgate  by order of the court of session pron  interrog  tenor c will Bythell convict  to be c therefore eonsiderat be per cur c et quod ibidem scilicet in the  custody of the keeper of Newgate in gaola sub salv cuslodia quousq that which  divides to unravel and it be move he may modern report be discharge or bail  because no legal commitment appear by the return for the word To bring  together be not there and if the form of the commitment be legal yet here be  no legal officer to who he be commit for the commitment be to the gaol or  gaoler of Newgate whereas it ought to have be to the sheriff for he be the  immediate officer to the court but per curium he shall be remand Samuel Eyre  justice the return be not good but here be enough to remand he for there be a  good judgement return and if by a informal return where judgement appear good  we shall discharge he we shall at that rate rid all the gaol in England and he  cite march there be a habeas corpus to the porter of Ludlow and on the return  though it appear the damage give be beyond the instruction of the council of  the march by who judgement be give yet because a fine be set on they to the  king and that remain unpay the court remand they and so here a fine be set the  king will lose by this discharge holt chief justice the commitment be not so  regular as it ought to be for he shall have be commit to the sheriff and by  the very word To bring together but yet it appear he be commit by a court that  have jurisdiction for a very good cause now though the gaoler be not a proper  officer by law to have the commitment of he formal yet actual he be so and the  law take notice of he if he suffer a voluntary escape of a criminal it be  criminal in he and not in the sheriff and all commitment of felon by justice  of peace be to the gaoler but when the party come to be try he be always  suppose to be in custody of the sheriff and it have be a question if the  gaoler suffer a escape in a civil action whether he be not liable to the party  action of debt for escape as well as the sheriff hard now the question be  whether he shall be deliver on a habeas corpus or put to his writ of error in  bushel case which be the first where any be deliver by habeas corpus from a  commitment of justice of oyer and terminer the commitment be not good in the  merit of the cause but here it be otherwise then for the word a see Lutw lev  Cowp and the note to Mr Evans edition of Salkeld page where all the case on  this subject be collect modern report er p to stay behind that be improper it  shall have be To bring together for though it appear by the return that he be  in prison before yet it may have be for another cause but the cause for which  he be imprison be a good cause by a court that have jurisdiction though a  improper word be use it be not proper to discharge he on this return of modern  report the gaoler but if it be so on record he may have a writ of error