case may against peter Proby and lumley sheriff of Middlesex easter term James  roll see Howden v standish c b to a action for a escape from arrest on mesne  process the sheriff may plead a rescue return in bar but not if the arrest be  in execution a action for the misfeasance lie against the rescuers or they may  be punish by attachment post SC roll Rep SC Bulst SC more roll ab Jones cro  Elizabeth lev Com dig Com dig Com dig barn sand salk Bac Abr onslow n p stram  term Rep see Tidds prac b r roll lev action on the case for that they suffer  William Allen who be arrest at his suit upon a bill of Middlesex for  thirtythree pound to escape whereby he go to place unknown by reason whereof  he lose his debt the defendant plead that after the arrest they lead he  towards London to the gaol he be rescue from their bailiff by I S and I d it  be thereupon demurrer and after diverse argument at the bar it be adjudge for  the defendant for the arrest be upon mean process and not upon execution the  sheriff be not bind to take the posse comitatus with they and therefore upon  such process it be a good return to return the rescous and that afterward he  be not find within their bailiwick and process shall thereupon be award  against the rescussors but if the prisoner have be once in the gaol the  sheriff ought at his peril to keep he and a rescous from thence be no excuse  for he and upon process of execution as upon a capias ad to give satisfaction  or upon capias utlagatum after judgement such a return be no excuse for he  either against the king or party for he at his peril ought to keep his  prisoner take in execution for there the process be determine which be the  life of the law and be once execute the party may not have any new process and  therefore he shall answer to the party for the escape it be at the sheriff  peril to see that his prison be strong enough to keep his prisoner when he be  once in execution and be a mischief to one it ought rather to fall on the  sheriff than on the party but in the other case there be not any great  mischief for the party have only lose his process which he may renew and he  may also have a action upon the case against the rescussors and of so small a  loss as the loss of a process the law have not any regard to punish the  sheriff especial when the party may have any other remedy wherefore it be  adjudge for the defendant fide Henry attachment Elizabeth dyer Elizabeth dyer  Edward pl Edward executor Henry pl Edward return note that there be a  precedent here show in easter term Elizabeth roll Waldo v Lambert a where in  such a action upon the case against a sheriff for suffer a prisoner to escape  arrest by latitat he plead that he be rescue from he at another place than the  plaintiff allege the escape to be and traverse the escape alibi and upon  demurrer it be adjudge for the plaintiff which be affirm at the bar to be rule  upon croak throw the matter in law but the court upon view of the precedent  conceive that the plea be ill by reason of the traverse of the place and so it  may be adjudge for that point for the plaintiff and they all here seriatim  deliver their opinion that this be a good plea they plead the rescous and name  the party who make the rescous so as the plaintiff may have his plea against  they and the plaintiff by his demurrer confess it the plea be good wherefore  it be adjudge for the defendant a cro Elizabeth more croak James er p