case sly against finch a to know facias lie against a sheriff upon a return to  a be made fa that he have levy the good and that on expose they to sale they  be rescue but not on a return that he levy and that the good remain in his  hand pro diminution buyer ante post Brownl more roll Rep godb march cro car to  know facias be bring against the defendant as the sheriff of Gloucester for  that the plaintiff have bring a become facias upon a judgement against one  Turk of one hundred and sixty pound direct to the defendant finch he return  that he have take into his hand good to the value of seventytwo pound and have  sell as much of they as amount to eleven pound and that the residue remain in  his hand pro diminution buyer until such a day at which time he put they to  sale and they be then rescue from he upon which return the to know facias be  bring comprehend all this matter whereupon the defendant demurrer after  argument at the bar it be argue at the bench Houghton justice hold that a to  know facias lie not in this case it be agree on both side that the return be  not good as to the croak throw rescue and that the sheriff by this return have  charge himself the question only be whether he have charge himself by this  writ and he hold that he have not and to that purpose he cite Henry pl dyer  Edward pl for although the sheriff have a ante b ante croak James er p return  that the good be of the value of seventytwo pound it be not any estoppel to he  but he may sell they for more or less as he can get for they and therefore it  be not reasonable he shall be charge with that estimate value Doderidge  justice to the contrary and that the sheriff be Chargeable by the to know  facias for he can diminish aught from the power that the law give he and for  that purpose he cite Edward execute Henry pl Richard pl the statute of  Westminster the second be quod viscount multotie daunt an answer quod non to  be able funeral procession teaching king near resistentiam power alicuj great  man de quo caveat sheriff de the other because hujusmodi an answer redundant  in shameful appearance dom king et coronae of oneself another question have be  make whether the sheriff have charge himself by this return and he hold that  if he have return only quod remanent in shades of dead pro diminution buyer he  shall have charge himself for therein lie have do his office and in such a  case a distringa shall issue to sell the good and deliver the money to the new  sheriff accord to Henry but when he say further that they be rescue out of his  custody he therein have misdemean himself and therefore be be Chargeable Henry  pl dyer three he hold that the sheriff have charge himself by this to know  facias as well in regard of his misdemeanour as also for that he have his  remedy over nor may we award a writ de sale set forth because it be contrary  to his own return and so absurd and repugnant to the objection that  peradventure he have seize the good again so as now he may sell they and make  execution upon a sale set forth he thereto answer that he ought to have plead  it to the to know facias and it have be a good answer and whereas it be say  that he shall not be charge upon this estimable value as to that he say if a  become facias issue to the sheriff and he take diverse beast and return quod  to take in hand catalla ad valentian l and afterward the cattle die for want  of meat in this case he shall have the value from the sheriff himself for it  be now impossible they shall be reduce to any other certainty croak justice  against both and that in this case he shall be charge with a distringa sheriff  ad habendum denarius hic in curian Montague chief justice accord with  Doderidge et adjournatur