| Chap. 121. |
Surety for the Peace.
strike a fear and terror in the People, and be in Affray del pais.
See Br.
Surety 12 & hic. |
283 |
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He that is bound to the Peace, ought to carry himself
well in his Behavior
and Company. See Ant. sub hoc tit. Et Post. tit. Surety for
the
Good Behavior. |
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Yet the having of Weapons or Company unusual, are
in some cases allowed
and lawful, and are no breach of the Peace. See hereof Postea,
tit.
Posse Comitatus, & Postea, tit. Riots. |
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Also though Assaults and Batteries be for the most
part contrary to the
Peace of the Realm, and the Laws of the same, yet some are allowed to
have a natural, and some a civil Power (or Authority) over others; so that
they may (in reasonable and moderate manner only) correct and chastise
them for their Offences, without any imputation of breach of the Peace;
yea, they may (by the Law) justifie the same; and so in such cases the
beating or battery of the person of another, maketh no breach of the
Peace; but the manner of the battery only doth make the breach of the
Peace. |
§. 3.
Battery justifiable. |
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And therefore the Parent (with moderation) may chastise
his Child
within age. |
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Ex. 21.20,
21. |
So may the Master his Servant or Apprentice, for
their evil Service. |
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So may the School-master his Scholars. |
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So may a Gaoler (or his Servant by his command)
his unruly Prisoners. |
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| Plow. 18. |
So may any Man his Kinsman that is mad, &c.
And none of these shall
be in peril therefore to forfeit any Recognizance of the Peace. |
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| P. Fighting. |
Note, That the Master may strike his Servant with
his hand, fist, small
staff or stick for correction; and though he do draw blood thereby, yet
it seemeth no breach of the Peace, as appeareth by the Statute of 33 H.
8.
cap. 12. |
Master and
Servant. |
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And where the Servant shall be negligent in his
Service, or shall refuse
to do his Work, &c. There the Master may chastise his Servant
for such
negligence or refusal; so as he doth it not outragiously. |
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38 H. 6. 25.
Br. Faux.
Imp. 17.
5 El. 4.
P. labor. 6. |
But if the Servant shall be negligent in his Service,
and the Master
happen after to lay hold of him, yet the Master in this case may not beat
or forcibly compel his said Servant against his will to return, or tarry
with
him, or do his services; but either he must complain to the Justice of
Peace
for his Servants departure, or he may have an Action of Covenant against
his Servant, if being required, to do his Service he shall refuse it.
See antea
tit. Laborers. |
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| 38 H. 6. 25. |
And as the Master without the breach of the Peace
cannot by beating
or force, compel his servant to serve him against his will; no more can
a
Lord or Guardian in Chivalry compel his Ward by beating or by force to
come unto him, or tarry with him against his will. |
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21 Ed. 4. 6.
Lib. Intr.
613. |
Also the School-Master, with a Rod, may chastise
his Scholar which is
careless and negligent in Learning, or that shall abuse his School-fellows,
or for other the like occasions. |
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21 Ed. 4.
45.
22 Aff. p.
56. |
Also it is lawful for the Parents, Kinsmen or other
Friends of a Man
that is mad or frantick (who being at liberty, attempteth to burn an House
or to do some other mischief, or to hurt himself or others) to take and
put
him into an house, to bind or chain him, and to beat him with Rods, and
to
do any other forcible act to reclaim him, or to keep him so as he shall
do
no hurt. Br. F. Imp. 35. |
|
Lib. Intr.
612.
Stamf. 13,
14.
21 H. 7. 39. |
Also if a Constable, Serjeant, Bailiff or other
Officer of Justice, or any
other being of their Company, for the better executing of their Office,
shall be forced to strike any Person that will not yield to their Arrest,
or that |
§. 4.
An Officer. |
