¶1On may rescue himself. A rescue may be returned without the words vi etarmis.
¶2Rolls. Begging your pardon, I think not. Adjournatur, intratum H., 22; Jac. rot., 102.
¶3Rolls said that this is not a good return, for he does not show any warrant made to his bailiffs. The prisoner is alleged to be in custodia of the sheriff, and they rescued him out of it; it is unnecessary to mention the warrant. The mentioning the bailiffs is surplusage and idle.
¶4Rolls. Then the rescous is not well returned, for the battery of the bailiffs is alleged vi et armis; and if this be surplusage, the rescous is not returned to have been vi et armis. *764