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Arrest and Imprisonment.
Also every private Man may arrest another, whom he
knoweth or
seeth to have committed a Robbery, Manslaughter, or other Felony, and
may deliver him to the Constable of the Town where such an Offender is
apprehended, or in the Constables absence may imprison and set him in
the Stocks; and if there be no Stocks there, it seemeth he may carry the
Offender to the next Town, and deliver him to the Constable there.
See
9 E. 4. 28. or else he may carry him before a Justice of peace,
by him to be
examined and sent to the Gaol, there to abide until the next Assizes, or
Sessions of the peace, &c. |
Chap. 170.
10 E. 4. 17.
Fitz. Bar.
101. |
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Also when a Felony is committed, every Man may arrest
suspitious persons
that be of evil Fame, &c. and if such person shall make resistance,
the
other may justifie to beat him. |
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But for the arresting of such suspitious persons,
note, that there must
be some Felony committed indeed. |
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Also the party that shall arrest such suspected
person must have a suspition
of himself, and for the same Felony, or otherwise suspition generally
is no cause to arrest another. See antea tit. Examination, 5
H. 7. 4.
& Lib. Intr. Faux Impris. div. 5. |
9 E. 4. 28. |
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So that when any Felony is done, every Man that
shall suspect another
to be guilty thereof may arrest him, See 5 H. 7. 4. b. Br. Faux
Impris. 16. |
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§. 6.
Cause. |
Any Man suspecting another of a Felony committed,
or only intended,
may arrest him, so as thereupon he commits him to the Gaol, or carries
him before a Justice of peace, 9 E. 4. 26. 20 E. 4.
6. Vide Finch 127. |
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Also when a Felony is committed, the common
voice and same that
I. S. did the Felony, is sufficient cause for any Man to suspect
him, and to
arrest him. Ibid. |
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Also Huy and Cry after I. S. for Felony seemeth
to be sufficient cause
to arrest him, though there be no Felony committed. Ibid. |
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Also Huy and Cry is sufficient cause to arrest any
suspitious person,
Br. Faux Impris. 25. |
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So when a Felony is done, to be in company of the
Offenders if sufficient
cause to arrest him. |
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So to live idly and vagrant, Br. Faux Impris.
22. See antea. |
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Also every Man may arrest such as apparently go
about to commit any
Felony, and may imprison them. Finch 127. |
9 E. 4. 28.
Needham.
29 E. 3. 39. |
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Also
upon Huy and Cry for stollen Goods, (sc. for a Horse or Bullock,
&c. of such colour, &c.) if A. be taken driving or leading,
&c. such
a Horse, or such a Bullock, or having such other stollen Goods about
him, though he be a Man of good Name and Credit, yet every Man may
apprehend and stay A. hereupon, and may deliver him to the Constables,
by them to be set in the Stocks, or safely kept, until they can carry
him before a Justice of peace, that so he may be delivered by course
of Law. |
5 H. 7. 4.
10 H. 7. 28. |
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If any Man shall be dangerously hurt in Affray,
(or otherwise) every
Man may arrest and imprison the Offender, &c. What every private
Man
may further do in Affray, see before tit. Affray. |
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§.
Justification. |
Unlawful Hunters in Parks, the Keepers, or their
Servants, may for
such Offence justifie to arrest the Offenders, and to cause them to depart,
&c. Lib. Intr. tit. Fx. Impr. div. 12. |
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Every Man knowing of any that keepeth or useth any
Gun, &c. contrary
to the Statute, may arrest him, and bring him to the next Justice of
peace, &c. See antea tit. Guns. |
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