atkins versus William cleaver richard MAKEPEICE trespass the plaintiff declare  that June car the defendant way arms break his close and house and assault he  and imprison he till be pay the defendant as to the way arms c praeter break  the house and close and assault and carter er p imprisonment non worthy of  blame the issue not yet try as to the residue of the trespass the defendant  say he ought not to have his action against they for they say before this time  fever jar there be a latitat direct to the sheriff of Warwick by which he be  command to take the plaintiff si invention to be in balliua svan c ad respond  elizabethae tailor to a plea of trespass ac etian billae then they say this  latitat be the that of march car deliver to the sheriff and the sheriff make a  warrant the same six day of march to they among other that they shall take the  plaintiff and they say that they and the other defendant maii car do take the  plaintiff and detain he in prison till Elizabeth tailor give her consent that  he shall be discharge then they take a traverse absq hoe quod idem William  Richard be guilty of the trespass aforesaid pillage die June seu other time  ante seu post return the same to this the plaintiff have demurrer special the  cause be two the warrant be make to the defendant and other and they say the  arrest be make by they only the warrant be to they and other and do not dame  they h earl sergeant take other exception here the bailiff justify by a  warrant and do not produce this warrant to the plea it self that they detain  he until the say Elizabeth do give her consent to discharge he and do not show  when or where or how long this be altogether uncertain I take the traverse to  be ill and false this traverse be part of the plea here some traverse be not  so only for form absq hoc that they be culpable before the sue out of the writ  or after the return of it the writ be sue out fever the warrant be make the  six of march the arrest the first of may the return carter after they ought to  have traverse absq hoe that they be guilty before the arrest or after the  discharge they may be guilty after the testae of the writ and before the  warrant and they may be guilty after the discharge and before the return h fol  title justified b if a capias come to the sheriff to take a man and the  sheriff make a warrant to one of his bailiff to take the same man who take he  and after the sheriff do not return the writ now be the bailiff punishable by  faux imprisonment by the act of the sheriff they have not lie that they ever  return the warrant to the sheriff nor that the sheriff ever return the writ  nor have they produce the warrant if a bailiff arrest a man if he allege a  warrant he ought to produce it in plead they plead that they imprison he until  Elizabeth tailor the plaintiff have give her assent to his deliverance they do  not say that they discharge he then other exception de plea trans ac etian  billae secundum experience your lordship may well judge of this Windham  sergeant contra for the first cause of demurrer if a warrant be make to two  person and one arrest he this be a good warrant and a good justification where  it be joint and several coke Litt fol b because it be for the execution of  justice Hutton fol Lashpooles case as to the other that it be direct to he and  other and do not say who those other be and name they not resp if he do sole  execute it then this good enough next exception we shall have show the writ be  return and produce the warrant in court resp a warrant be not proper a deed  the warrant be to be return to the sheriff with the prisoner they be not to  have this therefore not proper to produce it next exception they have detain  he quousq c and it do not appear but he may be in prison still and do not show  for what time they have detain he resp it be good enough crook James villers  case they imprison he until he have enter into a bind I do not deny but its a  good authority to the sheriff to discharge he they detain he quousq that be  they detain he no long here be a general declaration of imprisonment and now  they exact particular the time it be the agreement of the party which be  require and if he be not deliver then action of faux imprisonment lie carter  er p as to the traverse we plead justification and traverse that we be not  guilty before the writ sue or after the return after the writ we plead the  warrant make and we aver that it be the same trespass and that by virtue of  the warrant we arrest he admit there have be no traverse the want thereof be  aid by Elizabeth Leon p as to the ac etian the writ be a common lat de plea  trans here be enough for the sheriff and the bailiff to warrant they there be  enough in the writ to justify the arrest which be the thing in question the  warrant be not make to the bailiff to have he upon the carter ac etian but de  plea trans and so the accept of he can make he guilty of the false  imprisonment Bridgman chief justice he plead to all but the imprisonment not  guilty the payment of the money be no part of the imprisonment but a  consequent Adjornatur