case the sheriff OF hampshire against godfrey upon a motion for a attachment  against a defendant for a escape if it be swear that he be lawful arrest it  shall be presume to have be accompany with all the circumstance which the law  require to constitute a arrest the plaintiff arrest the defendant Godfrey in  the county of Hampshire who desire leave to go to the next house which happen  to be in the jurisdiction of the town and county of Southampton he by that  mean make his escape upon all this appear upon affidavit the solicitor general  move the court to make the rule for a attachment against the defendant  absolute draper sergeant for the defendant insist that it be not sufficient to  say that the defendant be arrest for that there can be no arrest without a  actual touch genner v spark salk SC Mod a Mr solicitor general contra that the  rule ought to be make absolute that break into a room charge with a legal writ  against a person be a arrest though be escape out of the window submission to  process be a arrest see Horner v batten bull n p Blatch v archer Cowp b and a  rescue may be return upon mesne process but not upon execution because in the  first case he can raise the posse as he may in the other case see Mod c lee  chief justice when officer swear that they have arrest a person it shall be  suppose that they observe all the circumstance though a man be not touch yet  if be know there be a process against he and submit to it it be a arrest the  case of genner v spark be good law for there the man endeavour to avoid the  arrest and do not submit to it if bailiff permit a man to go to a publichouse  and be get into another jurisdiction it be a fraud and a rescue in those who  assist he it be a rule of this court modern that you can apply for a  attachment until a rescue be return where it may be return as in case of mesne  process otherwise where a rescue can be return as upon a execution page  justice absent near sickness probin justice as a arrest can be make without  lie hand where a arrest be swear it must be suppose the hand be lie upon the  person arrest if no hand be lie upon a man but his horse be stop and he pray  to go to a house to make it up it be a submission to the process and if he go  into another jurisdiction it be a fraud if a man run out of custody into  another county they may pursue and retake he chapel justice of the same  opinion lee chief justice upon a rescue the usual practice be to grant a  attachment king v belt salk a the rule for attachment must be make absolute  probin justice say that officer who give security to the sheriff can be  witness either for or against he because they be party in interest modern er p  easter term the twelve of George the second in the common plea sir John will  Knt chief justice sir Alexander Denton Knt sir John fortescue aland Knt sir  William fortescue Knt justice Dudley rider Esq attorneygeneral John strange  Esq solicitor general