| Chap. 169.
22 H. 7. 39. |
Warrants.
If an Officer, having a lawful Warrant to arrest
another, shall be resisted
or assaulted by the party, or by any other person, then may that
Officer justifie the beating or hurting of such persons; and others (upon
his prayer) may and ought to aid the Officer. |
445
§. 10.
Resistance.
|
14 H. 8. 16.
Br. Faux
Imp. 8.
Lamb. 67.
94. |
If a Justice of peace shall make any Warrant for
a matter wherein he
hath Jurisdiction, although it be beyond his authority, yet it is not disputable
by the Constable, or other such Officer, but must be obeyed and
executed by the Officer; as if the Justice of peace shall make his Warrant
to arrest one for the Peace or Good Behaviour, &c. without cause,
the Officer shall not be punished for executing this: But if a Justice
of
peace shall make his Warrant to do a thing out of his jurisdiction, or
in
a cause whereof the Justice of peace is no Judge, if the Officer shall
execute
such a Warrant, here he is punishable; for the Officer is not
bound to obey him who is not Judge of the Cause, no more than a meer
Stranger: and so note, That the Officer is bound to take notice of the
authority and jurisdiction of the Judge. See such a matter, 22 ass.
64.
Plo. 394. b. Cro. 106. |
|
| Crom. 149. |
If any Man shall abuse the Justice of peace his
Warrant, as by casting of
it into the dirt, or treading it under his feet, &c. it seemeth he
may be
bound to his Good Behaviour therefore, and may also be indicted and
fined therefore, for it is the Kings Process. |
§. 11.
Contempt. |
|
When any person cometh before a Justice of peace,
by force of any
Warrant for the Peace, Good Behaviour, or for a Riot, or the like, the
party must offer Sureties, or else the Justice may commit him. See
antea
tit. Sureties for the Peace. |
|
|
If a Justice of peace shall grant his Warrant to
one to apprehend another
for Murther, Robbery or Felony, it shall be safe for the Justice upon
the delivery of his said Warrant, to take (upon Oath) the Examination
of the said party that requireth the Warrant, or at least to bind him
over by Recognizance to give Evidence at the next Gaol-delivery, &c.
against the Offender, lest that afterwards when the Offender shall be
brought (by the Officer) before the Justice upon his said Warrant, or else
happen to yield himself to the said Justice, then the party that procured
the Warrant be gone: for by credible report I am informed, That one
having procured a Warrant from a Justice of peace in Suff. against
another
for a Robbery done upon the High-way, and the Justice upon the
delivery of his Warrant not having bound over the Complainant to give
Evidence, nor taken his Examination, as aforesaid, that at the next Assizes
and Gaol-delivery, the party charged with the Robbery came and
offered himself to the said Justice of peace, who immediately acquainted
Sir Tho. Flemming (then Lord Chief Justice, and Judge of Assizes
there)
with the whole matter; but the said Judge much blamed the said Justice
of peace, for not having bound over the said Complainant at the first
when he granted him the Warrant, and charged the said Justice of
peace, at his peril, presently to send for the party Complainant to come
to give Evidence, &c. and farther directed the said Justice of peace
presently
to bind over the party charged with good Sureties for his attendance
and appearance. |
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Q q 3
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