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Arrest and Imprisonment.
Wheresoever the Justice of Peace hath power or authority
given him
by any Statute to bind over any Man, or cause a Man to do any thing,
if such person (being in his presence) shall refuse to be bound, or to
do
such thing, it seemeth such Justice may send such person to the Gaol,
there to remain till he shall perform the same. See hereof. antea
tit. Recognizance. |
Chap. 170. |
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In what cases the Kings Officer may break open a
Mans house for to arrest
an Offender; see hereof, tit. Forcible Entry. |
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All men being required ought to assist the Kings
Officers, to pursue and
arrest Offenders against the Peace, &c. |
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§. 8.
Resist. |
If the party against whom any lawful Warrant is
granted shall make
resistance, or shall make an assault upon the Officer, or shall fly; the
Officer may justifie the beating and hurting of him, and may also imprison
him in the Stocks for the same; But if the party resisteth or flieth before
he be arrested, the Officer cannot justifie the beating of him. 2
Ed. 4.
7. a. Br. Tresp. 296. |
2 E. 4. 6.
21 Pl. 7.
37. |
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If the Warrant were to arrest or take one that standeth
indicted of Felony,
then may the Officer justifie the killing of such a person, if he
shall resist of fly, or that he cannot otherwise be taken. See hic
antea,
Homicide tolerated. |
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§. 9.
Gaols,
Imprisonment. |
None shall be imprisoned by any Justice of Peace,
but only in the common
Gaol, by the Statute of 5 H. 4. & 23 H. 8. cap. 2. |
5 H. 4. 101
P. Prison 1 |
| The place. |
And therefore Justices of Peace cannot commit Felons
to any of the
Counters in London, nor to other Prisons which be no common Gaols;
nor make a Gaol of their own houses. |
Co. 6. 119.
b. |
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And yet Justices of Peace may commit to the Stocks
some Offenders
against certain penal Statutes; as Towns-men Tipling in Ale-houses, &c.
See hereof antea, tit. Alehouses. |
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Persons refusing to work in Hay and Harvest-time.
See antea, tit.
Labourers. |
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And in some cases the Justice may commit an Offender
to safe custody
by his discretion. Vide antea, tit. Rogues. |
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Also in some cases the Justices may send Offenders
to the House of Correction,
there to be continued for any reasonable time, at the discretion
of the Justice. Vide antea, tit. Rogues. |
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The Sheriff or Gaoler may imprison a Felon or other
Prisoner in their
own house, or in the common Gaol, at their pleasure. Tamen quære
&
vide Cromp. 184. that the Gaol is the Kings Prison, and that for causes
touching the King Offenders shall be sent thither. |
Lamb. 136.
Crom. 169. |
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The Constable (or other such Officer) cannot imprison
any Man in his
house (as it seemeth) but in the Stocks; and that not above such a reasonable
time, as he may provide convenient aid safely to convey the prisoner
to the Justice or Gaol. Finch. |
20 E. 4. 6.
22 E. 4. 35.
3 H. 4. 9. |
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' And yet in case of an Affray, &c. the Constable
may for a time
' imprison the Offender, being a Man of quality, in the Constables
' own house, or may commit him to some other safe custody. Vide
hic
' cap. 1. |
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§. 10.
County. |
If a Man commit Felony in one County, and be arrested
for the same in
another County, he shall be imprisoned in that County where he is taken.
Vide antea, tit. Felony, & 11 E. 4. Br.
Faux. Impr. 25. |
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The Justice of Peace, Constable, or other Officer,
pursuing a Felon
into another County, takes him there; the Felon shall be committed
to the Gaol of the County where he was taken: For the Justice of
Peace or Officer, being out of his County, hath no more Authority than |
13 E. 4. 9. |
