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Posse Comitatus.
before him, shall be found to have made any Forcible Entry (into other
Mens Possessions) or to detain them with force. Vide antea tit.
Forcible
Entry. |
Chap. 172. |
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Also the Sheriff, or other Officer, upon any lawful
Warrant for the
apprehending of any Popish Recusants, &c. may take Posse Comitatus,
&c.
See the Statute of 3 Jac. 4. |
P. Rec. 52. |
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The Sheriff, Under-Sheriff, or Bailiff, &c.
(if need be) may by the
Common Law take the Power of the County (what number they
shall think good) to execute the Kings Process or Writ, be it a
Writ of Execution, Replevin, Estrepement, Capias, or other Writ,
it
being the Kings Commandment. See also the Statute Westm. 1.
17. Westminst.
2. 39. |
3 H. 7. 1,
10.
Co. 5. 115.
P. Distr. 4.
P. Retor. 5.
Br. Fin. P.
37.
Br. Riots.
2, 3. |
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And such as shall not assist them therein (being
required) shall pay a
Fine to the King. See hic antea. |
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The Sheriffs Bailiff, to execute a Replevy, took
with him three hundred
Men armed (modo guerrino, sc.) with Brigandines, Jacks and Guns;
and it was holden lawful: for the Sheriffs Officer hath power to
take
Assistance as well as the Sheriff himself, for that is all one Office,
and one
Authority. |
2 H. 7. 1.
Br. Tres.
266. &
Riots 2. |
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A Man demands the Peace in the Chancery against
a great Lord, and
hath Supplicavit directed to the Sheriff: there, if need shall
be, the Sheriff
may take Posse Comitatus to aid him to arrest such a Lord, &c.
Vide antea
tit. Surety for the Peace. |
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So it seemeth, if a Supplicavit be directed
to a Justice of peace, the Justice
of peace, or Officer to whom the Justice of peace shall make his Warrant
in this behalf, (upon resistance made) may (if need be) take Posse Comitatus
to aid him to arrest the party: Quia quando aliquid mandatur,
mandatur
& omne per quod pervenitur ad illud. Co. 5. 115. |
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But every Sheriff is inabled besides by his Writ
of Assistance, whereby
there is commandment (under the Great Seal) to all Archbishops,
Dukes, Earls, Barons, and all other the Kings Subjects within the
same County, to be aiding to him in whatsoever belongeth to his
Office, &c. |
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The Sheriff may take Posse Comitatus to apprehend
Felons, &c. or disturbers
of the Peace, Vide antea tit. Forcible Entry. |
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So he may take Posse Comitatus to execute
the Precept of the Justice of
Peace. Ibid. |
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The Constable (of a Town) upon a Felony committed,
or upon
any Affray, or the like, may take the aid of his Neighbours, or other
persons being present, to apprehend the Felons, or to cause the Peace
to be kept, and to carry the Offenders before the Justice, &c.
See
Br. Riot 3. |
5 H. 7. 10.
13 H. 7. 10.
Br. Tresp.
432. |
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One hath hurt another, whereby he is in peril of
Death, the Constable
may take power or aid to arrest him, &c. |
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So may the Constable take the aid of his Neighbours
for executing of
the Justices Warrant directed to him. |
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Yea all and every such persons
as are Conservators of the Peace by the
Common Law, (sc. every petty Constable, High Constable, Coroner,
Sheriff,
Steward of a Leet, or of a Court of Pipowders, Steward of the Sheriffs
Town, and other Judge in any Court of Record) may command and
take the meet help, aid and force of others, to pacifie and to arrest
all
such who in their presence, and within their Jurisdiction, shall go about
to break the Peace by Word or Deed. |
28 E. 3. 8. |
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