case GIRLINGS case it be a good justification to trespass and false  imprisonment that it be in aid and by command of the sheriff officer Jones  roll ab cro Elizabeth cro James salk Mod ld ray a justification to trespass  under a writ from the sheriff need not state that the writ be return Jones  roll ab ld ray the sheriff may discharge his bailiff by parole false  imprisonment for assault battery and imprisonment for six day the defendant  plead to all but to the assault battery and imprisonment for six hour not  guilty and for the battery and imprisonment for six hour be justify by virtue  of a warrant from the sheriff of Suffolk to arrest he upon a latitat who  direct his warrant to the bailiff of to execute it who arrest the plaintiff  and require the defendant to be aid to he and to keep he and therefore he  detain he for six hour until the sheriff discharge he which be the same  battery and imprisonment c upon this plea the plaintiff demurrer and Keble  show that the plea be ill because it be not plead that the writ be execute be  return for the writ be conditional croak car ita quod habeas corpus in court  tali die c and therefore if the sheriff himself will justify as here c it be  no plea without show the return of the writ and the sheriff servant shall not  be in a better condition than his master shall be say non allocatur for true  it be the sheriff ought to return his writ otherwise his justification be not  good but it be not so with his servant for he have no mean to enforce the  sheriff to make return thereof and that which he do be legal do and it shall  not be make illegal by the sheriff act in not return the writ second it be  object that this discharge by parole be not good say non allocatur for the  sheriff may well discharge his servant by parole that he shall not keep his  prisoner any long for as he may deliver the prisoner to the sheriff without  more circumstance so he may be discharge by his parole from keep he any long  wherefore it be adjudge for the defendant a   see Geo c S croak car er p