case basset against salt if the sheriff suffer a voluntary escape the creditor  may have at his election a new action against the sheriff or a scite facias  against the debtor S C Freem a action for a escape the question be whether the  plaintiff may take out a capias ad to give satisfaction or have a become  facias against the defendant after the sheriff or gaoler voluntary suffer he  to escape but the court will not suffer it to be argue because it have be late  settle that it be at the election of the plaintiff to do either and upon a  writ of error bring in the exchequer Chamber the judge there be of the same  opinion but in the Lord chief justice Vaughan time the court of common plea be  divide but it be since settle roll Abr modern er p if there be a escape by the  plaintiff consent though he do not intend it the law be hard that the debt  shall be thereby discharge as where one be in execution in the king bench and  some proposal be make to the plaintiff in behalf of the prisoner who see there  be some likelihood of a accommodation consent to a meeting in London and  desire the prisoner may be there who come accord and this be hold to be a  escape with the a if it have be by the consent of the sheriff he can never  take he again but the plaintiff may side note to the four edition a consent of  the plaintiff and he can never after be in execution at his suit for the same  matter b by will c if any prisoner in execution shall escape by any way or  mean howsoever the creditor at who suit such prisoner be charge in execution  at the time of his escape may retake such prisoner by any new cavi or capias  ad to give satisfaction or sue forth any other kind of execution on the  judgement as if the body of the prisoner have never be take in execution see  the case of Allanson v butler side and Buxton v horn show b michaelmas term  the twentyeighth of Charles the second in the common plea sir Francis north  Knt chief justice sir Hugh Wyndham Knt sir Robert Atkins Knt sir William  Scroggs Knt Jus ice sir William Jones Kilt attorneygeneral sir Francis  winnington Knt solicitor general