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Affrays.
the Constable ought to arrest and carry the Offenders to the Gaol, (or
to a Justice of Peace) to the end they may find Sureties to appear at the
next Gaol-delivery; and the Constable may justifie the beating, &c.
of
such an Offender, if he will not obey the Arrest, but make resistance,
or
flieth. |
Chap. 8.
38 E. 3.8.
& 11.
Br. Faux
imp. 6. |
| §. 4. |
Note, that it is properly no Affray unless there
be some Weapons drawn,
or some stroke given, or offered to be given, or other attempt to such
purpose;
for if men shall contend only in hot words, this is no Affray: neither
may the Constable for words only lay hands upon them, unless they
shall threaten to kill, beat, or hurt one another, and then may the Constable
arrest such person, (to go before some Justice of Peace, to find
Sureties for the keeping of the Peace;) and yet such threatnings is no
Affray. |
Hic. cap. 1. |
| §. 5. |
If the Affray be in an house, and the doors shut,
the Constable may
break into the house, to see the Peace kept, though none of the Parties
have
taken any hurt. |
|
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If the Affrayors flie into another mans house, the
Constable (in fresh
suit) may break into the house, and apprehend the Affrayors, 7 E.
3.19. |
|
|
If the Affrayors flie into another County, the Constable
(or Justice of
Peace) seeing this, may in fresh suit pursue, or cause them to be pursued,
and to be taken there; but they can then meddle no farther but (as every
private person may do) to carry them before some Justice of Peace of
the County where they are taken, to cause them to find Surety for the
Peace. |
Plo. 37.
Crompton
146.
b. & 17 c.
b. |
|
But if the Affrayors flie into a Franchise within
the same County, the
Constable (or Justice of Peace) seeing this, may in fresh suit pursue
and
take them out of such Franchise. |
Crompton
246. |
|
After the Affray (it seemeth) the Constable, without
a Warrant, cannot
arrest the Affrayors, except some person be in peril of Death by some
hurt there received, |
38 H. Br.
F. imp. 6. |
§. 6.
The Justice. |
Every Justice of Peace may do that which every Constable
or private
man may do by the Common Law herein. |
|
|
Besides, every Justice of Peace (within his limits)
may presently after
the Affray commit the Offenders, until they have found Surety for the
Peace, if the Affray were in his presence. And if the Affray were
not in
his presence, yet upon complaint, or upon his own discretion he may after
make his Warrant to take or commit such Offenders, until they have
found Surety for the Peace. Vide tit. Peace & Surety for the
Peace. |
9 Ed. 4.3.
Cromp.
195, 196. |
|
If an Affray be made in the presence of a Justice
of Peace, he may lay
hands upon and arrest the Offenders to find Sureties for the Peace, and
may
take away their Weapons, 21 H. 7.22. b. Moor. |
Br. Faux
imp. 1. &c
33. |
|
And yet by the name Opinions, the Justice of Peace
in cases of an Affray,
to some purposes, hath no farther Authority than every private man hath:
for though the Justices of Peace (sitting in their Sessions, or out of
their
Sessions) may command a man to be attached, who shall make an Affray
in their presence, (and of such things done in their presence they make
a
Record, and certifie the same, which shall be a Conviction of the Offender)
and the Justice of Peace may presently upon the fact command or
send such Offenders to the Gaol; yet the Justices cannot themselves attach
or arrest any man (say they) for an Affray, or other thing done in their
presence, (no more than a stranger or private person may do;) but after
the Affray they may make or grant out their Warrant to attach or arrest
the Offenders, and may then commit them to the Gaol, except they shall
find Sureties for the Peace. |
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