case watson against Sutton marshal of the court on a To give back see before a  judge the bail be discharge but the marshal be not Chargeable for escape till  notice of the To bring together debt against the marshal for a escape at the  trial a To give back see in discharge of his bail and a To bring together in  execution to the marshal be produce in evidence and after verdict it be move  that it shall be set aside for the To bring together be irregular for the  course of the court be that when any one upon a render be charge in execution  there ought to be notice thereof to the marshal without which it be hard to  charge he with escape and the course of give such notice be by make a entry of  the To bring together in a book keep for that purpose by the marshal in the  office of king bench and the marshal have a officer on purpose in the office  to take notice of such entry and it be not enough that the To bring together  be enter with Mr Bromfield the enter clerk and that be agree by all the clerk  to be the course holt chief justice upon the To give back see the bail be  discharge even upon the To give back see before a judge a but the principal  thereupon be not in execution till the plaintiff have make his election to  have he in execution and upon such election there a judgement be give for the  plaintiff upon a exception to the plea namely that it do not show what kind of  salt it be S c ld ray a a parishclerk be say to be a ecclesiastical officer as  to every thing but election townsend v Thorp stram but this case be deny peak  v bourn stram and it be decide that he be a temporal officer pit v Evans stram  Reg v dr wall Mod and must sue in the temporal court for his fee Gawdys case  brown Tarrant v Haxby burr and though appoint by the minister if remove by he  without sufficient cause a mandamus will lie to restore he king v warren  Cowper a see Mr Nolans note to the case of king v Hostmen of Newcastle stram a  but see Whiteman v mullens stram modern report er p be a To bring together  enter in the book in the office and the entry must mention it to be at the  request of the plaintiff and all this be suppose to be in court and modern  report the To bring together be file with Mr Bromfield and he allow two way of  give the marshal notice the one to make a entry in his aforesaid book the  other to carry a rule to he from the proper officer so he agree it be  essential there shall be some way of give the marshal notice but since this be  a irregularity whereof the defendant may have take notice before trial upon  motion and that he have slip that opportunity and put the plaintiff to the  charge of bring his action and try it it be hard to relieve the defendant and  the To bring together be now record imply notice necessary for it be  impossible one shall be commit to the custody of another and he know nothing  of it and as a man can have no hearing complaint of a matter which he have a  opportunity of take advantage of before and have omit so here indeed if there  be judgement against the marshal for the escape of one in execution upon a  erroneous judgement which be reverse for error there will be reason to relieve  he upon a hearing complaint upon the special matter but here though it be  allow the marshal be not Chargeable without a legal To bring together which be  not complete till notice and that in such manner as the settle course of the  court be videlicet by entry in his book in the office which be now to be take  for law yet as this case stand it be hold he come too late for relief and gold  justice say no case can be instance where a verdict be set aside where there  have be a defence and full evidence a except it be for matter discover after  the trial which this be not and motion be deny though it be agree that upon a  To give back see of the principal the bail have perform the recognizance  without any notice to the plaintiff for holt chief justice say to set aside  this verdict be to take two step at once first to set aside the evidence which  be good and conclusive and then the trial and that ought not to be no more  than if debt be bring upon a judgement irregular obtain you can set aside the  judgement and action at once and gold justice lie it down for a rule that  where a man have matter of defence and know thereof go to trial and put the  plaintiff to the charge of prove his issue he shall never after in respect of  that matter have a new trial and the rule of keep the book for entry in the  office be hold a good course