| Chap. 121 |
Surety for the Peace.
But though the Servant may lawfully beat him that
doth assault, and
would beat or evil intreat his Master or Mistress; yet the Servant
cannot
justifie the beating of another, in defence of the Father, Mother,
Brother,
Sister, Son or Daughter of his Master or Mistress, for he oweth no
obedience
or duty to any of them. See Fitz. Bar. 73. & 102. |
285 |
P. R. 5.
P. Justifie.
3.
Lamb. 132
Cromp.
136. |
By some opinions, the Master cannot justifie the
beating of him that
doth assault and would beat his Servant: But the Master with
a Sword,
Staff, or other Weapon, may defend his Servant assaulted from being
beaten,
in respect of the loss of his Service. Yet Mr. Lambert and
Mr. Crompton are
of opinion, That the Master may beat another in defence of his Servant.
But 9 E. 4. Fitz. Bar. 102. contra. |
|
| Lamb. 132. |
Neither can the Farmer or Tenant justifie such an
Act in defence of his
Landlord, nor a Citizen, &c. in defence of the Mayor (or Bailiff) of
the
City, or Town Corporate, where he dwelleth. |
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|
' And yet where the Life of any Person is in danger
by beating of another,
' there any Stranger may lawfully resist it, and that with force, and
' beating of him which offereth such violence. Vide 21 H.
8. 2 b. hic. |
|
9 E. 4. 28.
15 H. 6. 31.
65.
I. b. Intr.
611. |
Also the Law doth tolerate a Man to beat another
for the preservation
of his Goods; and therefore he that shall attempt by force and violence
to
take away my Goods wrongfully from me, whether they be Goods whereof
I have a lawful property, or such Goods whereof I have only a possession
by the bailment of another: I may justifie to defend the same by
force;
and if I shall hurt or beat, such a Person, it is no breach of my Recognizance
for the Peace. Quære, If I shall wound him by such beating,
that is not
justifiable; but if I kill him, it is Felony. And in both these last
Cases, it
is a breach of Recognizance. See hic. |
§. 6.
In defence
of my
Goods. |
|
If another Man will take away my Goods, I must first
lay my hands
upon him, and disturb him; and if he will not leave, then I may beat him,
rather than he shall have or take away my Goods. Fi. |
|
10 Ed. 4.6.
5 H. 4. 9.
11 H. 6. 33. |
The same Law is in every case, where another shall
attempt by force to
take away, or put me out of possession of my Land, Freehold, Copyhold
or Lease, or to stop or turn my lawful High-way, or my ancient River
or Water-course leading to my Mill. In these, and the like case,
if I shall
disturb him therein, whereupon he doth assault, and attempt to beat me,
I
may justifie to beat him again, as well in defence of my Person, as of
my
Possessions, but not to kill him. |
§. 7.
Possession. |
|
The same Law is also in every case, where an Offender
is by order of Law
punished with Whipping. Stocks, Pillory or otherwise, for any offence by
him committed, contrary to the Laws or Statutes of the Realm: There
is
no Peace broken, nor any Recognizance of the Peace forfeited by him or
them, which shall lawfully execute any such punishments. |
§. 8.
In Execution
of Justice. |
| Lamb. 132. |
Note farther, that there are divers things which
may be done against
the Peace, and divers Offences, for which an Indictment contra pacem
will
lie; and yet, the committing or doing of such Offence or Act, shall be
no
Forfeiture of the Recognizance for the Peace: For that the Act that
shall
breed a Forfeiture of such a Recognizance, must be done or intended unto
the Person, as aforesaid, or in terrorem populi. |
|
|
Therefore to enter into Lands where he ought to
bring his Action, or to
disseise another of his Lands, |
|
Marr. lect.
7. |
Or to enter into Lands or Tenements with force,
being without offer
of violence to any Mans Person, and without publick Terror, Crom. 136. |
§. 9.
Where
things done |
|
Or to do a Trespass in another Mans Corn or Grass. |
Vi. & Armis,
break |
|
Or to take away another Mans Ward. |
not the
Peace. |
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