allen against vinter to know fac c b new execution against a defendant that  escape out of prison keb carter the plaintiff as executor bring a to know  facias on a judgement in debt for the testator against the defendant quare  execution to have non debet the defendant plead that he be take in execution  by can sa on this judgement and commit to the fleet and that the warden permit  he to go at large and demand judgement the plaintiff demurrer powis sergeant  for the plaintiff point whether admit the escape to be voluntary in the warden  of the fleet the matter be a good bar and it seem to he that it be not he  agree that the gaoler can retake   Rigeways case but the plaintiff be not  thereby bar from a new execution reason it shall not lie in the power of the  sheriff to deprive the plaintiff of his execution the sheriff may be a  insolvent person the defendant himself solvent there may herein be a  conspiracy between the sheriff and the defendant to defeat the plaintiff by  the sheriff death all remedy against he be go he also urge that the body be  not satisfaction but only a pledge   Blumflelds case stat James as to the  sheriff of Essex hob he cite h car b roll ab part p and the authority of a  judgement there in hearing complaint express against it he also say that a  action of debt may be bring on the first judgement after the escape and for  that cite car b r rot Cockman against simonds Jones t er p he say that after a  negligent escape the prisoner shall be again take in execution cro car and no  reason of difference as to this matter between a voluntary and a negligent  escape cro car Robinson against Clayton he cite also p car b r Allenson and  butler to be express adjudge Jones t that the prisoner be not discharge by a  voluntary escape and by Windham justice there it be say that there be no  difference between a voluntary and a negligent escape by the sheriff as to  this matter as to the second point whether to let pass plead here shall be  intend negligent or voluntary it seem that it shall not be intend to be  voluntary for it be most strong against he that plead it baldwin sergeant to  the contrary he conceive that the plaintiff have no remedy but against the  warden and not against the party and say that the warden or sheriff by his  fault make himself party though he be before a stranger and that it be presume  that the sheriff be more sufficient than the party as to the conspiracy  suppose be ask who good and as to the reason the party may die as well as the  sheriff and before the statute of James the executor of a party that die in  execution shall not be charge and that the statute be not declaratory but  introductive as to the authority cite on the other side he say as to Cockman  and simonds that it be a case of privilege as to the case of Robinson and  Clayton it be where the defendant rescue himself by force but it seem there  that on take after a voluntary discharge by the sheriff hearing complaint well  lie he confess the case of Allenson and butler but call it a new case and no  authority in print agree with it the case in roll be say be not sensible  because there shall be but one execution hob foster and Jackson the body be a  plenary execution for the authority   Rigeway that book imply that the party  can retake more plunket and web Leon I part case Br escape hob as to the  second point to let pass imply voluntary there be waste permissive and  voluntary the permissive be the act of a stranger here the negligence be of  the sheriff himself the first point in this case be diverse time debate in  several case and judgement be give for the plaintiff by all the court Vaughan  except who be all man against the judgement