case george minn against anthony HYNTON bailiff of the liberty of the dean and  chapter of Westminster in chancery a officer of the court of chancery can hold  a person to bail on a attachment of privilege in trespass with a intention to  declare against he in debt see Tidd term Rep a action against a bailiff for a  escape must show of what liberty he be bailiff and that he have the execution  of writ term Rep in the king bench when defendant be commit to the marshal or  have put in bail the plaintiff or any other may declare against he in whatever  action he please Inst Inst Bulst hob cro James godb salk Cowp Bl Com but see  Tidds practice the plaintiff declare as clerk of the hamper in a action upon  the case whereas one Robert Treswell that February car be bind to he in a  obligation of l which be not pay and whereas he for the obtain of the say debt  that march car be clerk of the hamper in chancery prosecute a attachment of  privilege direct to the sheriff of Middlesex to attach his body returnable  pasch in chancery ad respond the say George Minn in plea transgression which  writ he prosecute croak car she inlentione that the say Robert Treswell so be  arrest upon his appearance shall put in good bail to answer he to his say bill  by he to be put in for the recovery of his say debt upon the say obligation  which writ afterward videlicet that march car be deliver to the sheriff of  Middlesex to execute and that they the same day direct their warrant under  their seal to the bailiff of the liberty of the dean and chapter of  Westminster to arrest he which warrant croak car er p that march car be  deliver to the defendant bailiff of the say liberty to execute and that be by  virtue of the say warrant at Westminster within the say liberty upon the that  march car arrest the say Robert Treswell and have he in his custody and that  afterward before the return of the writ videlicet that April car to delay the  plaintiff of his suit and to defraud he of the recovery of his debt let he out  of his custody and to go at large against the plaintiff will and have not his  body at the day and that afterward see eloinera and because he be delay in his  suit and lose his debt c the defendant plead thereto that the say Robert  Treswell find surety for his appearance Arthur squibb and I W and at the day  of the return of the writ the defendant return to take in hand corpus and that  before the habeas corpus to bring he to the bar he the say Robert Treswell die  et hoc c the plaintiff reply that he do not take the say Arthur squibb and I W  surety for his appearance modus et form and hereupon it be demurrer and this  be refer to justice Jones justice Berkley and to myself to consider of this  demurrer and after argument by counsel on both side we resolve that this  declaration be not good first because he do not say of what liberty he be  bailiff or whether he have execution and return of writ otherwise there be no  colour to charge he and therefore ought to be special show and of this opinion  be Jones and I agree with he but Berkley doubt thereof because be bailiff of a  liberty it can be intend another liberty and he admit it in his plea by make  he a warrant to arrest second because he allege that he have a attachment of  privilege to arrest he for trespass intend after his appearance to declare in  debt which can be for it be abuse the process of the court nor can it be so in  any court but in the king bench and there the reason be because when he appear  and put in bail he be suppose to be in custodian mareschalli and declare  against he in custodian c but so it be not in any other court wherefore they  all hold that the declaration for this cause be not good and that judgement  ought to be against the plaintiff and so we certify that the declaration be  ill and the cause wherefore