case grills against Ridgeway Hilary term Elizabeth roll a action for a escape  will not lie against the sheriff after he have retake the prisoner upon fresh  suit but if he state the escape to have be on a different day than that allege  it will he error ante   salk will term Rep debt upon a escape suppose that the  defendant sheriff of Devonshire suffer one Chawner who be in execution to  escape in London the December Elizabeth a I   Popb jenk and croak Elizabeth er  p   fol the defendant plead that the say prisoner escape the Decemher in d in  the county of Devon and that he fresh pursue he and by fresh suit take  himagain the of Decemher and retain he in execution again without hoc that he  be guilty aliter well elsewhere modus and it be thereupon demurrer and argue  for the plaintiff that inasmuch as he be once escape and thereby cause of  action to the plaintiff no fresh suit may take away that action from he but  the prisoner be retake shall not peradventure take advantage of his own wrong  to help himself by hearing complaint thereupon and in proof thereof vide Henry  pl Henry pl Edward escape b oh but all the justice say that as to that a  action of debt do not lie against the sheriff where the sheriff use his  endeavour and take he again upon fresh suit although that in the night or  otherwise he may lose the sight of he but if before he he retake the party  bring his action of debt then the retake of he afterward shall not avoid the  plaintiff action although the retake he upon fresh suit a second matter be  move that the escape be suppose Decemher Eliz and he plead that the prisoner  escape Decemher and the retake be Decemher so he answer not to the escape  mention in the declaration for the traverse aliter well elsewhere modus do not  answer to the time but to the manner of any thing allege and for that vide  Henry pl Henry pl and of that opinion be all the justice at this time except  Popham that the plea be ill for that cause say adjournatur croak Elizabeth  michaelmas term and Elizabeth in the common plea sir Edmund Anderson Knt chief  justice sir Francis Heaumond Knt Thomas Walmsley Esq Thomas Owen Esq justice  sir Edward coke Knt attorney general sir t Fleming Knt solicitor general