Atkinson against SETTREE e g Monday may that e Geo roll if a be illegal arrest  by b for a debt a promise by c to pay the debt claim by b in consideration of  b s release a out of custody be void but if it be state in a declaration  against c on such a promise that b in order to obtain payment of the debt from  a procure a to be arrest by virtue of a certain writ c duly issue out of such  a court it will be intend after verdict that the arrest be legal this be a  special action on the case the first count state that on the that of December  in the that year c at Westminster and within the jurisdiction of the court of  our Lord the king of his palace of Westminster the plaintiff in order to  procure the payment of the sum of S which Catherine Grimaldi then owe he by a  certain writ date the that of December in the same year duly issue out of the  will er p court of record of our say Lord the king of his palace of  Westminster at the plaintiff request and direct to the bearer of the virge of  the household c officer and minister of the say court command they to take the  say Catherine by her body if she shall be find within the jurisdiction of that  court and have her at the then next court to be hold on Friday the that of  December then next to answer c and procure the say Catherine to be arrest c  and to be there keep and detain in prison c that afterward on the say that of  December in consideration will that the plaintiff at the request of the  defendant undertake to release and discharge the say Catherine from her say  imprisonment the defendant promise to pay the plaintiff S and also the cost  and charge by the plaintiff expend in that suit with a averment that those  cost amount to S d and that the plaintiff at the defendant request discharge  the say Catherine from her say imprisonment there be a second count in the  declaration which though it vary from the first in several particular be equal  open to the objection afterward make to the first there be also a three count  for money have and receive the defendant plead the general issue and at the  trial the plaintiff obtain a verdict on all the count with S d damage a motion  be make in Michaelmas term in arrest of judgement which be oppose this day by  prime king serjeant and win serjeant and support by Skinner king serjeant and  draper serjeant and at a subsequent time the rule be discharge the ground of  the judgement do not appear in Lord chief justice Willess book but the follow  account be take from Mr I Abneys ms Skinner and draper sergeant move in arrest  of judgement first it do not appear that any plaint be levy and without that a  capias ought not to issue dly it do not appear that the cause of action in the  court below arise within the jurisdiction and then the arrest be illegal and  there be no good consideration to support the promise I roll Abr Mod lev sand  ld raym this be a void arrest and therefore the discharge be no consideration  godb a prime and win serjeants for the plaintiff insist that to support this  action in the superior court it be immaterial whether or not there be a cause  of action in the inferior court or whether or not the court below have a  jurisdiction the declaration set out the writ duly issue command the bearer of  the virge to arrest the party if find within the jurisdiction and there to  detain her salk and the case of peacock v bowl in I sand relate only to case  determine in the inferior court and bring up by error the case of Randal v  Harvey be better report in palm than in godb if the plaintiff consent be  necessary to release Grimaldi and the officer can not discharge her without  then there be a good consideration to support the promise they argue that it  be not necessary that the arrest and detainer shall be legal in order to make  a good consideration and for that purpose they cite I roll Abr pl roll Abr pl  hob sir t raym roll Abr pl sty beside this be after a verdict it have be prove  to the satisfaction of Mr I Abney who try the cause that the arrest and  promise be within the jurisdiction of the palace court side if a judgement be  irregular or erroneous to forbear to sue out execution be a good consideration  to support a assumpsit roll Rep Yelv Ventr lev lev side sir t raym Poph side I  sand and ld raym the court incline to think that if the party be under a  illegal arrest or imprisonment the promise be not good so a promise to pay in  consideration of forbear to sue on a void security be void Lloyd v lee Str and  so be a promise to revive a security which be void in it be creation Cockshott  v Bennett d e see also Tooley v Windham cro Elizabeth but in bull v steward I  will in a action for a escape on mesne process out of a inferior court against  the bailiff it be hold that the defendant can not take advantage of any error  in the process below of which the defendant below may have avail himself and  in Bentley v Donelly and another d e in a action on the case for rescue a  debtor take upon mesne process suedwas after a verdict it do not now  sufficient appear that the writ duly issue below it be express state in the  declaration that the writ duly issue c and consequent that the suit arise  within the jurisdiction and that this case great differ from writ of error on  judgement in the inferior court where nothing shall be intend but they order  it to be speak to again and afterward the plaintiff have judgement ms Abney I  out of the palace court it be decide that it be not a sufficient ground to  arrest the judgement that it be not allege that the cause of action in the  inferior court arise within the jurisdiction or that it be not allege that the  party below do not appear at the return of the writ see however I roll Abr f  pl and Mod but the question be whether as this will er p