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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 281   View pdf image (33K)
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5 HEN. 4, CAP. 10, IMPRISONMENT.
281
STATUTES
Made at WESTMINSTER, Anno 5 HEN. IV. and A. D. 1403.
CAP. X.
Justices of the Peace shall imprison none but in the common Gaol.

Item, Because that divers
Constables of Castles within
the Realm of England be as-
signed to be Justices of Peace
* by Commission of our Lord
the King, and by colour
of the said Commissions they
take People, to whom they bear
evil will, and imprison them
within the said Castles, till
they have made Fine and Ran-
som with the said Constables
for their Deliverance; (2) it
is ordained and established,
that none be imprisoned by any
Justice of the Peace, but only
in the common Gaol.
Item, pur ceo qe diverges
coiiestables des chastelx deinz
Ie roiaime dEngleterre sont as-
signez par commissions nostre
seignour Ie roi justices de 210
la pees & par colour des ditz
commissions preignent gentz
as queux ils sont malveullantz
& les emprisonont deinz les
ditz chastelx tanq ils eient fait
fyn & raunceon ove les ditz
conestables pur lour delive-
rance avoir ordeignez est & es-
tabliz qe nully soit emprisonez
par ascuns justices de la pees
sinon en commune gaole.

 
9 Co. 119. Cro. El. 829.
It is said, however, that the Court of K. B. in England may commit of-
fenders to any prison in the kingdom which they shall think most proper,
and the offenders so committed cannot be bailed or removed by any other
Court, Sid. 145. The Statute, says Lord Coke, Lord Sanchar's case, 9 Rep.
119 b., was made to oust all questions to what jail offenders shall be com-
mitted, and he points out how -justices of the peace offend, who commit
felons, &c., to either of the Counters in London, and other prisons which are
not common gaols. In Scavage v. Tateham, Cro. Eliz. 829, an action of
false imprisonment, the defendant justified that he was Mayor and a jus-
tice of the peace in Pomfrait, that a robbery was done there and the
plaintiff suspected of it and brought before him, and because the plaintiff
videbatur suspectuosus, he detained him in his house for 18 days to ex-
amine him and another, who was not apprehended, concerning the robbery,
and afterwards delivered him to the new Mayor. The Court said that a

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Alexander's British statutes in force in Maryland. 2d ed., 1912
Volume 194, Page 281   View pdf image (33K)
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