| 416 |
Examination.
Man may arrest any other, yea every Man in the Town may be arrested,
when any felony is committed. |
Chap. 166. |
|
' Mes quel est sufficient cause de suspition,
& quel nemy, serra trie per les
' Justices. Fi. 127. |
7 E. 4. 20.
Br. Exem.
8. 14, 16, |
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Also the Defendant must plead, That he himself had
a suspition of the
Plaintiff: for in the Constable (or other Person that shall arrest
one that is
suspected) doth not suspect him himself, it seemeth he may not arrest
him
upon his own Authority: and yet by the Opinions of Keble, Vavasor
and
Townsend, as well the Constable, as others in his aid, may arrest
one that
is suspected of felony, upon the suspition and complaint (made to the
Constable) of the party robbed, 2 H. 7. 15, 16. Br. Faux
Impris. 14. yet
alii e contra, ibid. sc. that the suspition can extend to none other,
but only
to him that hath the suspition, and Br. 14 H. 8. 16. a.
accordeth: tamen
quære. For if Felons may not be arrested or stayed
but only by those that
shall suspect them, and that others, may not aid and assist the party that
shall
suspect another to have robbed, him, many Felons shall escape, and Felons
shall often go unpunished. See Plo. 46. a. & Finch
127. |
25. |
|
But now by the Stat. 7 Jac. 5. the Constable,
&c. in the former cases
may plead the General Issue (Not guilty,) and give the said special matters
in Evidence. |
|
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Also if the Constable, or other Person, shall arrest
another upon suspition
of felony, by virtue of a Warrant from a Justice of Peace, such
Warrant shall excuse him, it being given in Evidence, &c. Vide
postea tit.
Warrants. |
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