| Chap. 8. |
Affray.
chief Inhabitants there, and to supply the necessary wants of their
Poor:)
and then Kanikets (only to sell to the Poor, and out of their doors)
would
suffice, if they were enabled by a Law.
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35 |
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CHAP. VIII.
Affray.
AFfray is in our Law a Skirmish or Fighting between two or more:
and
is derived of the French word Effraver, which signifieth
to terrifie,
or bring fear; and which the Law understandeth to be a common wrong.
And therefore I will shew you what every man may do in such cases. |
§. 1.
What and
whence. |
|
Every private man being present before, or in and
during the time of
any Affray, ought to stay the Affrayors, and to part them, and to put them
asunder, but may not hurt them if they resist him; neither may he imprison
them, for that he is but a private man. |
§. 2.
Every private
man. |
|
An Affray being in the street, if any other shall
come with harness or
weapon to joyn with either party, every person present, or that seeth it,
may stay them till the Affray be over. |
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|
Also every private man (being present) may stay
the Affrayors until
their heat be over, and then may deliver them to the Constables to
imprison
them till they find surety for the Peace: But yet it seemeth the
Constable
may no imprison the Parties, except the Affray were in the Constables
presence. Hic. cap. 1. |
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| Lamb. 134. |
If any person be dangerously hurt in an Affray (or
otherwise) every
person may arrest the Offender, and carry him to the Gaol, or to a
Justice
of Peace, (who is either to bail him until the next Gaol delivery, or to
commit him to the Gaol, until it be known whether the Party hurt will
live or die thereon.) Br. Faux impris. 35.44. |
|
5 H. 7. c.1.
Br. Coron.
225.
10 H. 7.20. |
The Constable in such Cases
is armed with a more large Authority within
his Jurisdiction; for he may and ought in the Kings name to command
the Affrayors, or such as are about to make an Affray, to avoid or surcease,
and to depart (upon pain of imprisonment:) and if the Constable (being
present at an Affray) doth not his best endeavour to part them, it being
presented by Enquest at the Sessions of the Peace, such Constable shall
be
deeply fined for it. See more chap. 1. |
§. 3.
The Constable. |
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But where the Affray is made out of the presence
or sight of the Constable,
and one cometh to the Constable and telleth him or it, and wisheth
him to go and see the Peace kept, and the Constable doth nothing, but
neglecteth his duty therein, it seemeth he shall not be fined by the Justices
at their Sessions, upon Presentment thereof by the great Enquest, Cro.
146.
Quære tamen & vide hic, cap. 1, & 5. the Commission,
& 121. the Form of
the Constables Oath. |
|
1 H. 7. 10.
Lamb. 135. |
If the Affrayors will not depart, but shall draw
Weapon, or give any
Blow, the Constable may command assistance of others for the pacifying
of the Affray, and may justifie the hurting of them, if they make resistance. |
|
| Lam. 135. |
The Constable may in the Kings name make Proclamation
(if the Affray
be great or dangerous) that the Affrayors shall keep the Kings Peace
and depart, &c. |
|
| Lam. 139. |
Also if the Affray be great and dangerous, then
the Constables may
command the Affrayors to Prison for a small time, till their heat be over;
yea, they may imprison the Affrayors till they find Sureties for the Peace.
And if any of the Parties have received any dangerous hurt in the Affray, |
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