¶1It is void at common law, and it is the same respecting the sheriff or his officers. 13 Jac. Sherley and Packer’s case. A promise to give to the sheriff or his officers more than the fees is void, being contrary to the common and statute law. There is no difference in this case. The plaintiff arrested John Green, as the sheriff's deputy; it was the sheriff’s act. It is a sale of justice.
¶2There is no difference in this case. Yet I do not agree that it is the same in the case of a promise to a mere stranger, in case he would go to the sheriff and procure him to arrest I. S. it is a good consideration. As if I promise £. 10 to I. S. for procuring the sheriff to arrest another; whereupon the sheriff makes his warrant to another to arrest I. D. I. S. has a good cause of action, as it was by his procurement, and he is no officer of the sheriff, but in this case the plaintiff was, and the sheriff shall be charged for the escape. Much mischief would ensue, if it was not so, and statutes would be eluded. It is also void at common law.
¶3I concur. He made arrest as a servant of the sheriff. This court has no other immediate officer in temporal matters, except the sheriff, and in spiritual affairs, the ordinary; and every one who does service in this court, acts under his authority. Although the promise was made to him before he was an officer; still it is an act that belongs to the office of sheriff. I agree with Jones, J. and my brother Littleton, in the case put by them; in case of assistance given to the sheriff, for it is not to perform any thing belonging to the sheriff’s office, but merely to assist him; although every one is bound to assist the sheriff, but in this case it is the sheriff’s act. It is void both by statute and at common law.
¶4I grant it. But I doubt the last case of *57assistance given to the sheriff.
¶5It was also doubted whether it is contrary to common law; because it is for the furtherance of justice, and at this day, if common fees only were given, executions would be made ad Græcas Calendas.
¶6Quærens nil cap. per billam. Jones 65. Bendl. 138. 147. Noy. 76. 1 Rol. 16. Roll. rep. 313.