a report of a case argue in the exchequer before the baron of the exchequer in  easter term in the four year of the reign of king Edward the six between  richard platt administrator of the good of Henry Platt plaintiff and William  lock and John ailiff knight late sheriff of London and keeper of the gaol of  Ludgate defendant in a bill of debt bring by the plaintiff against the  defendant and the record be enter in Hilary term Edward rot the case a  prisoner in Ludgate in execution for debt go into Southwark with a servant of  the keeper it be a escape and the administrator of the creditor may recover  against the sheriff of London by bill of debt vide latch the case be thus  Richard Platt demand by his bill pound S d and count that Henry Platt the  intestate recover the say sum in guildhall in London by a Plowden er p plaint  of debt bring upon a obligation against one John goodlad then be a prisoner in  Ludgate and that it be award that the say goodlad shall remain in Ludgate in  execution for the say sum who continue there as prisoner until the death of  the intestate and afterward and after the administration commit to the  plaintiff until the second day of April in the three year of the reign of the  present king at which day the defendant be sheriff of London and keeper of the  say gaol permit the say goodlad to go at large into Southwark in the county of  Surre the plaintiff not be satisfy by which a action accrue to he and the  defendant traverse that they do not permit he to go at large and upon this  they be at issue and it be give in evidence for the plaintiff to the juror  that the say goodlad be in Southwark in manner and form as the plaintiff have  declare and on the other side it be give in evidence for the defendant that at  the say time of theescape suppose one Thomas Fierman a servant to Roger holt  keeper of the gaol of Ludgate be attend upon the say goodlad by the command of  the say Roger holt for which reason the defendant say that goodlad be not at  large in manner and form c and upon this evidence the plaintiff demurrer in  judgement and it be say for the defendant by their counsel that a bill of debt  do not lie against they because the statute I r cap give the action against  the warden of the fleet who be a officer of a certain place and therefore such  action give against the officer of a peculiar place shall not be extend by  equity to other especial where the statute be penal and further as to the  escape it be say that inasmuch as the officer of the sheriff be with the  prisoner although he be in another county yet this be a restraint of his  liberty so that he be always in imprisonment and the plaintiff be conclude to  say the contrary but that he be imprison and in custody in Surre for the bill  of debt be bring against the defendant for suffer he to escape there and be  can not escape there if he be not imprison there for as Atkins say the end of  his imprisonment be the beginning of his liberty which liberty be the escape  so that the imprisonment and the escape be all at one instant and therefore  the party who have bring his bill for the escape in Surre and thereby have  admit he to be lawful imprison and detain in Surre by the sheriff of London  have not prove that be escape there for if he be once imprison there he be  Plowden always imprison there for the servant of the gaoler who be the servant  of the sheriff be with he by baston always and therefore the action do not lie  nor be it a escape on the contrary it be argue that the action lie by the  commonlaw and if not yet that it lie by the statute for the effect of every  suit imply in itself three thing first that the truth of the matter be show to  the judge and this be the duty of the party to do second that judgement be bad  to recover and to have execution award which belong to the judge to give three  that execution be do by take the body of the defendant and detain it in prison  or otherwise and this be the business of the officer and if any of these three  thing be not observe the order of the suit be confound and be be to be correct  by who default such confusion be occasion and here inasmuch as the party have  do his duty in show the truth and the judge his duty in give the judgement and  award execution and the officer have not do his duty in detain the body in  prison it be reasonable that the plaintiff and the judge who have well  discharge their duty shall be excuse and that the officer who have offend  shall be punish by be make responsible to the plaintiff for the loss he have  sustain a so be the opinion former as appear t Edward a per Billing m h pl  Edward bro escape b n c die pl hob but the law be now hold otherwise I vent  side Lutwy p wms strange stat pound W cap a for where the defendant be once  imprison upon execution and escape the plaintiff shall never have remedy  against he again nor shall the gaoler ever retake he because he be once at  large and so discharge for that time b p Edward pl per vavisor dyer pl more  Brownl W Jones cro c hob Mod finch post b and if a personal thing be once in  suspense or the person of a man once discharge for a personal thing it be a  discharge for ever Plowden er p c h Edward a per Brian bro executor salk per  gold I post wing Max ring pl hut c as if the debtee make the debtor and  another who survive the debtor his executor yet the debt be extinct for ever  causan how above wherefore here inasmuch as after the escape the plaintiff  shall not have another execution so that he be without remedy against the  defendant in the first suit the commonlaw which be no other than common reason  provide that the plaintiff shall have a action of debt against the gaoler by  who default the execution of the plaintiff be discharge and if it be otherwise  the commonlaw will be great defective in this point which it be not d m Edward  pl Fitzherbert debt non nab bro debt moign d and therefore in Edward it appear  that one have recover damage to the value of pound in court of piepowder of a  priory dative and removable and the defendant be commit to the custody of the  prior in execution for it who let he escape upon which the plaintiff bring a  action of debt for the pound against the say prior who be dative and removable  and against the abbot also who be his sovereign and because the prior who be  no more than one of the monk be name with the abbot where he can not be a  debtor the writ be abate for it ought to have be bring only against the abbot  by which it seem that if the prior have be omit in the writ the writ will have  be maintainable enough and from hence it appear e yet see that no action of  debt lie at commonlaw for a escape but the party be drive to his special  action upon his case m h p Edward b per Fairfax die pl Inst roll Rep roll Rep  cro I side side sand Hardr Bac Abr show Mod e that the action lie in such case  by the course of the commonlaw for this case be before the statute of Richard  and so it seem upon the matter that the action be maintainable although there  be no contract between they f h h pl Fitzherbert bar finch finch post f for  upon a liberate deliver to the clerk of the hanaper who have asset in his band  a action of debt lie against he as appear by h and yet there be no contract  between they nor any privity in word and so be it in many other like case as  well as in the case here and therefore the statute of Richard be make in  affirmance of the commonlaw but although the action shall not be maintainable  by the commonlaw and although the statute be not make in affirmance of the  commonlaw but be a new ordinance yet the bill shall be maintainable by equity  of the statute of Richard notwithstanding the statute do not give the action  by express word against any other than the warden of the fleet for although it  be penal against the warden yet it be beneficial to all other and therefore  shall be extend by equity for every statute be penal to some body but inasmuch  as the take it by equity shall be more beneficial than prejudicial to the  great number of man this be the reason why it may be extend by equity by the  rule of law g Inst lev t Jones Mod ld raym strange bunb g and therefore the  statute de circumspect to put in motion which say use yourselves circumspect  in all matter concern the bishop of Norwich and his clergy be nevertheless  extend to all other bishop h stat Edward cap S p m h pl per cur Fitzherbert  respond bro Brownl more per cur post h and so the statute which say that the  executor who first come by distress shall answer be extend by equity to  administrator from whence we may see that a statute which speak of a person or  officer of a particular place shall be extend by equity to other I bro escape  sand Hardr lev Brownl t raym keb t Jones bunb wing Max ring pl ring pl vin Abr  title statute e pl I and so this statute here which give a action of debt  against the warden of the fleet hall be extend to other gaoler and officer  king t h b Fitzherbert jurisdiction bro escape t raym king and in h a action  of debt be bring against the mayor of the staple for Plowden er p let one in  execution escape and there by award he be put to answer to the writ and in  excuse of himself he say that the party be take and in custody by force of a  plaint without hoc that he be imprison by way of execution by which it appear  that a action of debt upon a escape lie against another officer than the  warden of the fleet by equity of the statute if any wonder I say that it lie  not by the commonlaw and the same statute of Richard be take by equity in  another point videlicet where it ordain that the warden of the fleet shall not  suffer any one who be in execution to go out of the prison by mainprize bail  or baston it be take by equity of this statute that if any other gaoler let we  such a one who be in execution go out of the prison by mainprize bail or  baston that this shall be a escape but notwithstanding that this extend to all  other gaoler as full as if it have be express mention l heath Max palm see die  l yet the sheriff of London use to let such go at large by baston within any  place within their jurisdiction and this shall not be adjudge a escape in they  as it shall be in the warden of the fleet and the reason of this be not  because the statute or the equity of it do not extend to they but because they  claim a prescription in this point and all their custom and prescription be m    a Hardr cro c palm m confirm by statute for which be reason they may  prescribe against the equity and word of statute that be contrary to their  custom and prescription as against the statute of Silva Plowden adj and so  they may prescribe to hold a leet at other time than the statute appoint and  the like and so they may prescribe to let those who be in execution go at  large within their liberty by baston but other shall be bind by the equity of  the say statute and then inasmuch as this statute which speak only of the  warden of the fleet shall be extend by equity to other officer in point of  escape so shall it be extend in point of action to charge other officer and  therefore the action shall be maintainable against the sheriff of London and  some argue that the action shall be maintainable against they by the statute  of Westminster cap which give ail action of debt against the gaoler who let we  one at large that be commit to prison by auditor for the arrear of account but  it be say that whether it be maintainable by the commonlaw or by the one  statute or the other certain it be that the action lie and here the action be  confess to be maintainable and be admit by the defendant for they have  demurrer in judgement upon the evidence whether it be a escape or no whereby  it be not to be now dispute whether or no the bill lie and as to the escape it  be argue by the counsel for the plaintiff and by all the baron of the  exchequer that this be a escape and that he be out of custody by come into  Surre for no man may be lawful imprison or in custody without a keeper a dalt  Sher   a hetl vent Vaugh wing man ring pl ring pl Danv Abr pl Bac Abr vin Abr  title escape a pl a for if a woman be warden of the fleet and one imprison in  the fleet marry her it be a escape in the woman as Chomley chief baron say and  the law adjudge the prisoner td be at large for be can be lawful imprison but  under a keeper and he can be under the custody of his wife for which reason  the law must necessary adjudge he to be at large b wing Max ring pl ring pl b  so he say if the warden of the fleet who have his office in fee die seize his  son and heir be then imprison there and the office descend to he be in prison  the law will adjudge he to be out of prison although he have fetter upon he  because he can be his own prisoner so that no man may lawful be detain in  prison without a gaoler or keeper c win Max ring pl c but here when the  prisoner come into Surre be bad no gaoler nor keeper as a prisoner for the  first duty for he that wait upon he by baston in the county of Surre can not  be call a servant to the sheriff of London who be a officer of another county  d g b d for the power of a sheriff do not extend beyond his county and he  shall only be adjudge a sheriff and officer within his county and not  elsewhere e p Edward a per Brian bro fresh suit h h p c h h p c hall p c hawk  p c dalt just cap Cromp just b vin Abr title justice of p d pl say contra  Bulst king v Underel but if the felon be arrest in proper county and afterward  escape into the foreign county and be there take then he may be bring to a  gaol in proper county for in supposition of law he be always in custody upon  the first arrest see the book above e and therefore it be hold in Plowden er p  Edward that if a justice of peace in one county pursue a man into another  county for a felony do in the county where he be justice and take he in the  other county he be his prisoner in the county where be take he and there he  ought to imprison he and he can carry he to a gaol in the county where he  commit the felony for be be not his prisoner there for the pursuit in such  case be do material and therefore he have no more to do in the county where be  take he than a private person bas by which it be prove that a justice of peace  in one county have no authority in another county no more have a sheriff for  if he shall have power in another county then there will be two several  sheriff in one same county whereas in this realm there be diverse authority  and none may exceed his limit and bind f   a per cur   wing Max ring pl f and  therefore if the marshal hold plea of a thing do out of the verge g t h b per  Prisot h bro prohibition   hob more light r cro I violet v blague finch g or  the admiral of a thing do within the body of a county it shall be void for  their authority extend to a certain place and within a certain precinct and  not elsewhere and if be who take sanctuary go out any one may take he for be  be not privilege out of it so that the precinct of the liberty may never be  exceed and here the sheriff have nothing to do in any place but in London and  therefore when the prisoner go out of the liberty of London at that instant he  be at large and true it be that the end of the imprisonment be the beginning  of the escape but yet it do not follow that he be in custody in Surre as bath  be say for the last instant of time when he be in the liberty of London be the  end of his imprisonment and the first instant of time when he come into Surre  be the beginning of the escape so that it be true that the end of his  imprisonment be the beginning of the escape and yet he be not imprison in  Surre and if the sheriff let we one go at large in London and he go into  diverse other county the party may have a action of debt against the sheriff  in every county where he who be let at large shall go for the word be true  that he suffer the prisoner to go at large in every h S p W Jones Freem per  cur Hardr per Atkins arguendo h county he come into I t h Fitzherbert debt bro  cinque port Lien escape I and in h a man bring a action of debt against the  gaoler of the cinque port for let one who be condemned in debt and commit to  his custody within the cinque port go at large into London and the writ be  adjudge good and the plaintiff recover for the word be true that he suffer he  to go at large in all the county and the same exception be take there as be  here for there it be say that be can not be imprison for the debt out of the  cinque port and then the gaoler can not let he go out of prison at London  because he be not imprison in London but it be there answer that the word be  quod to let pass Self ire ad grant in London and this be true for he let he go  at large in all the county and place where he be at large and therefore it be  adjudge ut above the same reason hold place in our principal case king but see  dyer pl and king but if the sheriff bad bring the prisoner here by force of  the king writ or command or have send he here by baston although he have come  through diverse other county yet he shall be suppose to be in the custody of  the first sheriff continual because the sheriff bad authority from the king to  do it by reason of which authority he shall be adjudge the prisoner of the  same sheriff in every county and by this mean there may be two sheriff in one  county videlicet one to a special intent and the other to all general intent  and purpose but here it be entire his own folly voluntary to suffer he to go  into another county but if be bad escape and the sheriff have the view have  make fresh suit Plowden er p after he and have take he in Surre there perhaps  he shall have be his prisoner in Surre and be may have justify the take of he  there notwithstanding he be not sheriff there l h Edward b per cur bro  distress p Edward V per Litt bro trespass m h a per choke bro ib t Edward pl  bro ibidem m h pl bro ibidem m h pl at h b per Prisot bro avowry in fine roll  Abr n pl   Litt a b   a Inst but if before the stat Ann cap the tenant before  the lord have view of they bad chase they away or if the tenant for other  lawful reason even after the view have chase they away or if after view the  cattle go out of themselves the lord can not distrain they see Bac Abr vin Abr  title distress n l as if one come to distrain for rend service and the tenant  perceive it Plowden drive the cattle out of the land the lord way pursue they  within the view and take they in whosesoever land they be and et now they be  out of his authority but the pursuit and the possession afterward shall be  adjudge as a continual possession when it be for rend service but otherwise it  be for damagefeasant and so be the diversity as it be hold in Edward but in  our case there be no such involuntary escape but a voluntary folly by reason  whereof he be out of custody when he come into Surre and when the servant by  baston wait upon he this be a imprisonment for every restraint of liberty be a  imprisonment and the party may have have a action of false imprisonment  against he for it for he be not in his custody a S servant of the sheriff of  London nor be lawful detain but wrongful imprison there for which reason be  may have have a writ of false imprisonment well enough and therefore he shall  be adjudge to be let at large and so the plaintiff ought to recover and  afterward it be award that the plaintiff shall recover and the judgement be as  follow the judgement whereupon all and singular the premise be see and read by  the baron aforesaid and full understand it be consider by the same baron that  the aforesaid Richard Platt recover against the aforesaid William lock and  John ailiff his debt aforesaid of pound S d aforesaid and his damage aforesaid  as well by reason of the unjust detain of the debt aforesaid as for his cost  charge and expense lie out in this behalf about his suit aforesaid tax by the  same baron at S which say sum amount in the whole to the sum of S d and that  the aforesaid William lock and John ailiff be in mercy of the lord the king c  notam be by the reporter it seem to some hard that this bill of debt shall be  maintainable against the sheriff for in Fitzherbert bill bro brief escape ass  pl h a bill of debt be bring against the warden of the fleet for the sum  wherein one who the warden have let at large be condemned and there it be  declare to be the opinion of the whole court that the bill be not maintainable  and therefore the plaintiff be nonsuit for the suit be give by the statute of  Westminster by writ and not by bill and then if the suit have be maintainable  by the commonlaw against the warden the bill will have be maintain there but  by the say opinion it be prove that it be not maintainable by the commonlaw  and if the suit here shall be take against the sheriff by the say statute of  Westminster then the bill will not be maintainable here no more than it be  there against the warden of the fleet but he shall be put to a writ and the  statute of rich give the suit against the warden by writ of debt for the word  of the statute be the plaintiff shall have their recovery against the same  warden by writ of debt so that this statute speak only of a writ of debt and  then inasmuch as the statute of Westminster which speak of a writ of debt  shall not be extend by equity to a bill of debt so by their opinion shall not  this statute of Richard and therefore if the opinion in ass be good this bill  shall not be maintainable by either statute nor by the commonlaw quaere for  this exception be not take to it and it be a good and sure way to give credit  to the late judgement see Inst it be say that although the statute of  Westminster and the statute of I r speak per breve yet a bill of debt lie also  by the equity of the same statute albeit it have be hold to the contrary cite  the book of ass but since it have be often adjudge that a bill of debt be  maintainable upon the say act and S p accord Hardr per Hardres arguendo see  godb Plowden er p