case burton against eire a action on the case lie against a sheriff for the  escape of a person arrest on a non to let go latitat to a county palatine  Bulst Inst roll ab Lut march lev lev stram will peer William term Rep in a  action for a escape the sheriff can take advantage of any error in the process  in a action for a escape the omission of aforesaid after recital of the writ  in the unde to express grief be not material error of a judgement in the  common plea in a action on the case against Burton sheriff of the county of  Lancaster for suffer one mark Woodroff to escape out of execution and show how  he have bring a writ of debt of a hundred pound in the common plea against the  say mark and recover there against he and after croak James er p a capias ad  to give satisfaction and a non be invention thereupon return and a testatum  that he conceal himself in the croak throw county of Lancaster a writ be award  to the chancellor of the county palatine of Lancaster that he shall command  the sheriff to take the say mark ad to give satisfaction c ita guod the say  chancellor shall have he c and that the chancellor command the sheriff a that  he shall take the say mark ita quod the sheriff shall have he in person  justitiar c and that the defendant be heriff do thereupon arrest he and have  he in execution and at Derby permit he to go at large c per quod action c the  defendant plead not guilty and find against he and judgement accord and  thereupon error now bring and assign first that a action upon the case lie not  for this escape but he ought to have bring debt say non allocatur for it be at  his election to bring either one or the other second the writ direct by the  chancellor to the sheriff be not warrant by the writ direct to he for it vary  from the command for it ought to have be that the sheriff shall have the body  before the chancellor ita quod he shall have he before the justice c and the  warrant be that the sheriff himself shall have he before the justice c which  ought not to be for he be not any officer to the court of common plea say non  allocatur for although there be error in the process the sheriff can take  advantage thereof but have suffer he to escape he be responsible to the party  three because the declaration be in recite the writ that whereas he have bring  a writ of debt against mark Woodroffe and recover c and show all the matter of  the escape c and then it be as the usual course in the common plea be unde to  express grief quod cum he bring a writ of debt against the say mark Woodroffe  c and he do not say the foresay mark c so it may be a stranger and therefore  it be not good And William be of that opinion but afterward upon conference  with the prothonotaries and view of diverse precedent in the book of entry in  the title action upon the case that it be the common course in action upon the  case after recital of the writ in the unde to express grief to begin de to  make new and not to say predict c all the court hold that both course be well  enough wherefore the first judgement be affirm