| Chap. 171, 172. |
Posse Comitatus.
Also the Constable or other such Officer, that shall
imprison in the
stocks any Offender for Felony or suspition thereof, may lock the Stocks,
and, if need be, may also put Irons on him, as it seemeth; and when
he
conveyeth him to the Gaol, or to the Justice, may pinion him, or otherwise
make him sure, so that he cannot escape. |
453 |
| Kit. 69. |
It seemeth by Britton, fol. 17. that
by the Common Law (before the
Statute of West. 2.) none should have Irons put on them but such
Offenders
as were taken for Felony, or Trespassers in Parks. But the words
of
the Statute of Westm. 2. cap. 11. are general, quod
carceri mancipentur in
ferris; which word Carceri seemeth to signifie ay persons
imprisoned for
any cause, (or any persons worthy of the prison) and is not to be restrained
to accomptants only. See Coke 3. 44. |
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| 7 Jac. 4. |
Also by the Statute 7 Jacobi Regis, all Rogues,
Vagabonds, sturdy Beggars,
and other idle and disorderly persons, sent to the House of Correction,
may (by the Master of such a House) be punished by putting Fetters or
Gyves upon them.
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Lamb. 38. |
Posse Comitatus. CHAP. CLXXI.
V. 119.
WHere the Justice of Peace, Sheriff, or other Officer,
is enabled to
take the power of the County, it seemeth they may command,
and ought to have the aid and attendance of all Knights, Gentlemen,
Yeomen,
Husbandmen, Labourers, Tradesmen, Servants and Apprentices,
and of all other persons being about the age of fifteen years, and
able to
travel. |
§. 1.
Who. |
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But Women, Ecclesiastical Persons, and such as be
decrepit or diseased
of any continual infirmity, shall not be compelled to attend them. |
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And in such cases it is referred to the discretion
of the Justice of peace
(or Sheriff, &c.) what number they will have to attend upon them, and
how and after what manner they shall be armed, weaponed, or otherwise
furnished. |
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But it is not justifiable for the Justice of Peace,
Sheriff, or other Officer,
to assemble Posse Comitatus, or raise a Power or Assembly of people
(upon
their own Heads) without just cause. Vide antea tit. Riots.
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And. part
2. p. 67. |
What Persons may take Posse Comitatus, and in what Cases.
CHAP. CLXXII. V. 120.
ANY Justice of Peace or Sheriff, may take (of that
County where
he is a Justice or Sheriff) any number that he shall think meet to
pursue, apprehend, arrest and imprison Traitors, Murtherers, Robbers and
other Felons; or such as do break, or go about to break, or disturb
the
Kings Peace: and every Man (being required) ought to assist and
aid them,
Vide antea tit. Forcible Entry and Felony. |
§. 1. |
14 H. 7. 8. |
The Justice of Peace (and Sheriff or Under-Sheriff)
may take Posse Comitatus
for the suppressing of Riots; and all sorts of persons (being able
and required) ought to assist them therein, Vide antea tit. Riots. |
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Yea, any one Justice of Peace may take the Power
and Aid of the
County to suppress Rioters, and need not to tarry for the coming of
another
Justice, or of the Sheriff. |
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Also in cases of Forcible Entry, any Justice of
peace may take Posse
Comitatus to remove such persons as by his View, or by Inquisition
taken |
§. 2.
In what
cases. |
R r
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