case Barkly and gibbs against KEMPSTOW Trinity term Elizabeth roll in a action  for a escape it be not necessary to state that the warrant be under seal or  that the plaintiff be damnified ante post hob will Cowp term Rep consideration  in assumpsit burr assumpsit plaintiff declare that community Worcester to be  ancient civilas and that all plead determinable there be use to he by suit  before the bailiff chamberlain and alderman there determine and the bailiff c  have use to have their servient ad doorkey to make arrest and that there they  have a prison and croak Elizabeth that the bailiff time out of mind be keeper  of the prison and of all the prisoner there and that whereas the defendant  have a house adjoin to the prison in which the bailiff have use to commit  their prisoner to he false keep and whereas one m have affirm plaint of  against Worsley in the same court before the bailiff c which be plea there  determinable by custom per quod they mandaveru a certain warrantwm to the say  sergeant to arrest he by force whereof he arrest he and bring he to the next  court and the plaintiff be bailiff commit he to prison and the defendant have  the say house adjoin to the prison in consideration that the plaintiff commit  the prisoner to he to keep by which he may make his commodity by utter his  meat and drink and may have as great benefit as he use to have promise to keep  he safe and save the plaintiff harmless of all escape whereupon they commit  the prisoner to his house to keep c he such a day have suffer he to escape by  which they be damnified upon non assumpsit plead it be find for the plaintiff  and diverse matter allege in arrest of judgement I because it be allege that  mandavewunt warrantum c but show not that it be in write under seal as it  ought to he say non allocatur for it shall he so intend it be not allege how  they be damnified videlicet that they be sue for this escape or otherwise  molest say non allocatuT for immediate upon the escape they be damnified and  in danger to he sue and may sue the defendant present and not tarry till they  be sue it be hold upon good advisement that this be a good consideration to  make a assumpsit videlicet the utter of his meat c