case the sheriff OF norwich against bradshaw the sheriff may bring a action  for a escape against a prisoner before he have pay the money and need not  allege in his declaration that the warrant be under seal nor the precise day  when the escape be make so as it he before his suit be commence post strange  lev Lut godb shower   side more Leon Mod will post   a   b f n Br b action  upon the case for a escape the plaintiff declare that whereas I S recover  against the defendant in debt nine pound and ten shilling and a capias be  award to take he in execution by force whereof they make their warrant to the  three sergeant c there to arrest he who do arrest he Feb and he escape from  they and afterward be not find in the say county per quod they be bind by  reason of the escape to answer the debt nor to expend money for the search of  he to their damage twenty pound upon not guilty the jury find he be arrest  daughter of the Sun the of Feb and then and there he himself rescussit and it  be allege in arrest of judgement that the declaration be not good for two  cause that croak Elizabeth er p they allege that they make a certain warrant  and say not sub seal adorned with small figures and a warrant without seal be  not sufficient they allege that they be Chargeable with the debt but say not  they be charge nor show not that they be otherwise damnified and if they he  not damnified they have no cause of action for it may be the party will never  sue they or they may die before suit and then the suit be go and a exception  be take to the verdict for the arrest and rescue be suppose to he Feb and the  jury find it be daughter of the Sun Feb which be uncertain whether it be  before or after that day and if it be after the day it will not maintain the  declaration for then it can be a rescue the that day but if it be before the  day then it continue a rescue at that day curian contra in omnibus as to the  first it be usual form when the sheriff warrant be plead to arrest one to say  that they make a warrant c but do not say sub seal c second a action lie by  the sheriff upon this escape before the party sue they for the party arrest do  wrong to they by the escape and rescous and they be always Chargeable to the  other party and if they stay till they be sue perhaps the party that escape  may die in the interim or will fly the country that they can hear of he and in  holt v bill in this court it have be adjudge that a action lie for this escape  and the party shall not take croak Elizabeth advantage of his own tort and as  to the exception to the verdict it be good enough he the rescous before the  day or after the day suppose in the declaration so as it he before the suit  commence and so Clench S id it have be adjudge upon great advice where a  trespass be find to he do after the day allege for the day be not material and  the plaintiff have judgement