there is no remedy but by complaint to the Lord cheif Justices or the Judges of the Circuit c. If the Constable be chosen by the Jury in a Leet and the man chosen be unfit and the Steward of the Leet doth perceive it in this case it seemes the Steward himself may elect and swear another man more fit and refuse and discharge him that is so chosen by the Jury And it is held also That in default of the Leet or otherwise where there shall be just cause every Justice of Peace ex officio may remove the old Constable and choose and swear a new one and that for this purpose he may send forth his Warrant to require such Person to come in and take his Oath before such Justice of the Peace Also there was as it seems another way of discharging and removing of this Officer by a Warrant from the King to the Custome Prescription Sheriffe of the the County and to the High-Constable of the Hundred whereof see a president in Daltons Just. of Peace fol. 322. 5. No custome or prescription to exempt any man not exempted as before or to warrant an undue election contrary to the rules before laid down will availe or shall be allowed unto any person or Tything 6. If a man be chosen to this Office in a Leet and he refuse to take the charge thereof upon him he may be fined for this contempt in the same Leet And if he be chosen at the Sessions or by one Justice of Peace out of Sessions and he refuse to take his oath he Numb 1. Deputy may be Indicted and fined at the Sessions for this contempt 7. A Constable chosen and sworn may make what Deputies he will under himself to execute his Office for there is no doubt but in time of sicknesse and at other times also he may if he will execute his Office by Deputy but the Officer himself must expect to answer for all the mis-doings of his Deputies And if one man be chosen an Officer and he desire to have a Deputy and to have him sworn and allowed if the Deputy be sufficient and be allowed and sworn in this case the Deputy and not the other is the Officer and therefore the Duputy must answer for himself and his doings and not the other for him But the making of a Deputy in this case is rather by tolleration than by Law and so hath it been delivered by the Judges The form of the Oath of a Constable YOu shall swear well and faithfully to serve the Common-wealth in the Office of a Constable You shall see the publique Peace to be well and duely kept and preserved to the utmost of your power You shall arrest all such persons as in your presence shall ride or goe armed offensively or shall commit or make any Riot Affray or other Breach of the publique Peace You shall doe your best endeavour upon complaint to you made to apprehend all Fellons Barators Riotors or persons riotously assembled and if any such offendors shall make resistance with force you shall levie Hue and Cry and shall pursue them untill they he taken You shall doe your best endeavour that the watch in your town be duely kept and that Hue and Cry he duely pursued according to the Statutes And that the Statute made for punishing of Rogues Vagabonds and Night-walkers and such other idle and wandring persons coming within your liberties be duely put in execution You shall have a watchfull Eye to such persons as shall maintain or keep any common house or place where any unlawfull games or playes are or shall be used as also to such as shall frequent or use such places or shall exercise or use any unlawfull games or playes there or elsewhere contrary to the Statute And you shall have a care for the maintenance of Archery according to the Statute At your Assizes Sessions or Leet you shall present all and every the offences committed or done contrary to the Statutes made and provided for the restraint of the inordinate haunting and tipling in Taverns Innes Alehouses and other Victualing-houses and for the repressing of drunkennesse and prophane swearing You shall true Presentment make of all Blood-shedding Affraies Outcryes Rescues and other offences committed or done against the publique Peace within your limits You shall well and duly execute all Precepts and Warrants to you directed from the Justices of the Peace and others in Authority in this County And you shall well and duly according to your Knowledge Power and Ability doe and execute all other things belonging to the Office of a Constable so long as you shall continue in the said Office So help you God Or thus more briefly YOu shall swear that you shall well and duly execute the Office of Constable or Tything-man for the Parish or Tything of S. for this next yeer or half a yeer as the Case is and untill another be sworn in your room or you shall be legally discharged thereof So help you God CHAP. VIII Of the Power and Duty of the High-Constable and petty-Constable in common and one with another And of some few things the petty-Constable and not the High-Constable is to doe THese Officers and their Offices as they had a far greater Authority than now they have so have they been of far greater account than now they be For by the ancient Common-lawes before there were any Justices of Peace made the Constables of every Village had a kinde of Rule within the same Village and were to keep the Peace there and therefore the Constable was called the Ruler of the Village and it is thought that at that time the Authority and account of these Officers was much like to the Authority and account of the Justices of the Peace at this day and therefore they had then the same Titles of Conservators of the Peace given unto them which is given to the Justices of Peace at this day Sed tempora mutantur nos mutamur in illis For this is vanished now and there is but little signe of it for at this day they doe for the most part but execute the Commands of others yet somewhat there is remaining as the footsteps of what formerly they had the which to set forth is our labor in this place For the opening whereof we shall observe his method First we shall shew what all Constables High and Low Tything-men Borshollers c. may and must doe and what is their common and equall Duty and Authority and then next what the High-Constable may and must doe more than the petty-Constable c. and wherein these Officers have a distinct and severall duty one from another and then we shall shew what the Constables of some great Townes may doe in some speciall Cases SECT 1. Certain generall Rules and Cases about these things FOR the further cleering and opening of these things observe these Rules and Cases following 1. Every of these
Arrest be so as usually it is or put him in some Stocks until he can conveniently have strength to goe with him without carrying him to Stocks a Justice of Peace and then must the party remain in Prison until he shall voluntatily offer and finde Sureties according to the Warrant And if the party upon the first demand thereof made by the Officer doe yeeld to goe and finde Sureties then may not the Officer absolutely arrest him And if he be obstinate and will not yeeld to the Officer but resist him the Officer may justifie the beating Beating or hurting of him And of this Warrants execution and of his proceedings upon it the Officer must give an account to the Justices of the Peace at their next Sessions of the Peace And if the party doth yeeld to goe to a Justice of Peace to give Surety according to the Warrant but will not goe to the same Justice that made the Warrant but to some other Justice he doth name herein the Officer may if he please suffer him to have his will howbeit in this case the Law doth give the election to the Officer and he may bring the party before what Justice of Peace he please And yet if the Warrant be to bring the party before the same Justice of Peace that made it In this case the Officer must bring him before the same Justice and cannot bring him before any other And if the party being before the Justice of Peace refuse to give Surety according to the Warrant and the Warrant have words of authority to the Officer to carry him to the Gaol as most commonly every Warrant hath then Carrying to Gaole may the Officer carry him to prison without any new Warrant from the same or any other Justice of Peace so to doe And in these Cases also the Officer is to consider whether the Warrant doe come directly from the meer authority of the Justice of Peace or else be grounded on a Writ of Supplicavit sent down from the Warrant higher authority which difference ought to appear in all well made Warrants For if the Warrant be grounded on such a Writ then may the Officer compell the party to goe to the very same Justice or Justices of Peace that made the same Warrant or else he may carry Dalt J. P. 137. him to Gaole Neither is it requisite in this case that the Officer should dance up and down after the party untill he can finde out Sureties but he may detain the prisoner untill he can 5 Ed. 4. 6. bring Sureties to the Officer And the Officer that doth arrest a man upon such a Warrant of the Peace or Good-behaviour must see that he doe afterwards bring the party to the Justice of Peace to give Sureties or to the Gaol for if he doe not so he may be punished for it by fine at the Sessions and as it seems also by Action of Fals-imprisonment at the suit of the party arrested And if the party against whom such a Warrant is granted hearing thereof Numb 16 doth as oft times he doth offer himself with Sureties for the cause to some other Justâ—ce of Peace and he doth binde them or he findeth Sureties in some of the Courts at Westminster and so hath a Supersedeas out of Supersedeas the Chancery upper-Bench or from any Justice of the upper-Bench or from any Justice of Peace of that Countie directed to all the Officers of the County to discharge the same Surety of the Peace or Good-behaviour and he hath the same ready to shew to such Officer as shall come to him with the Warrant as Arrest aforesaid and doth shew and deliver the same to him when he is about to execute the same Warrant In this Case the Officer is not to meddle with him For if the Officer shall require the party to obey the arrest he may refuse it and if the Officer shall arrest the patty he may have an Action of False-imprisonment against the Officer for it And by this Supersedeas the Officer is discharged of any duty touching the Warrant of the Justice of Peace directed to him But let the Officer see that he keep his Supersedeas safe for his discharge if he be questioned for not serving the Warrant And it is not amiss for him to give notice of the same to the Justice of Peace from whom he received the commandement of service that thereby he may see the cause why the same was not done But in these Cases some say that another Justice of Peace cannot discharge the Warrant of the first Justice of Peace untill the party be bound indeed Howbeit if such a Supersedeas come to the Officer that hath the Warrant to arrest it seems that by this he is discharged and that he is to obey the Supersedeas especially if he know not whether the party have given Bond or not Hitherto we have spoken of the Office of these Officers set forth by the ancient common Laws of the Nation And now we come to speak of the same as it is enlarged by divers Statutes wherein also we shall finde the same difference we had before That by the same Statutes they are required and enabled to doe something as of their own authority and without any commandement or authority from â—â—hers and other things they are required and enabled to doe when they have commandement from the Justices of Peace or some other superior power so to doe SECT 3. Of the Office of the High-Constable and Petit-Constable against Prophaners of the Lords-Day FOR the better understanding of their Duty herein these things are to be known 1. This day is by every one to be sanctified and kept holy and men must be carefull herein to exercise themselves in the duties of Piety and true Religion publiquely and privately and every one on this day not having a reasonable excuse must diligently resort to some publique place where the service of God is exercised or must be present at some other place in the practise of some Religious duty either Prayer Preaching Reading or Expounding the Scriptures or conferring upon the same 2. None may on this day meet out of their own Parish at any sports whatsoever nor may they meet within their own Parish for Boar-bayting Bull-Bayting Enterludes or other unlawfull exercises under pain to forfeit three shillings four pence for every offence to be levyed by distress and sale of Goods and for lack of distress to sit three hours in the Stocks Nor may any one on this day keep or be present at any Wrestlings Shootings Bowlings Ringing of Bells for pleasure Masque Wake Church-Ale Dancing Games Sport or Pastime whatsoever under pain to forfeit five shillings if he be above fourteen yeers old and twelve pence by him that hath the government of him if he be under fourteen yeers old to be levyed by distress and sale of Goods and if no distress be to be had to
to take down and demolish all superstitious Reliques at the charge And the Church-wardens being required by the Justice of Peace must repair it as before at the Parish charge Ord. May. 1644. Seventhly These Officers may apprehend Numb 11 Swearers and bring them to a Justice of Againct Swearers Peace to be punished as Over-seers of the Poor may doe Eighthly If any of his own Authority Against him that disturbeth a Minister or abuseth the Sacrament shall willingly and of purpose by open and overt word or deed maliciously or contemptuously molest or by any other unlawfull wayes disquiet or abuse any Preacher lawfully Authorised in his Preaching or Divine Service or otherwise contemptuously or of his own Authority abuse deface or otherwise unreverently handle or order the Sacrament of the Body and Blood of Christ in any Church or Chappel Such persons their Aiders and Abettors may immediately after the thing done be forthwith Arrested by the Constable these Officers or any other person then present and carryed to a Justice of Peace to be proceeded against according to the Statute Stat. 1 M. Chap. 6. Ninethly If any one doe without lawfull Against them that eat Meat on Fasting-dayes licence eat any Flesh upon any dayes now observed for Fish dayes the which as it seems are Fridayes and Saturdayes in every week in the yeer but in Christmas and Easter week and the four Wednesdayes in the four Ember weeks he doth forfeit Twenty shillings for every time and one Moneths imprisonment without Baile or Mainprise And every person in whose House the same shall be eaten knowing thereof and not disclosing it to some Officer that hath power to punish it shall forfeit for evey such offence Thirteen shillings four pence and one third part thereof is to goe to the Poor of the Parish where the Offence is done to be levied by the Church-wardens of the place by Warrant from the Justices of Peace c. So that by this Statute If any such Warrant be directed to these Officers they are to execute the same Stat. 5 Eliz. 5. 27 Eliz. 11. 35 Eliz. Chap 7. And the Licence to be given for eating of Flesh to any person for notorious Sickness by the Minister of the Place must be Registred if the Sickness continue above eight dayes after the Licence granted in the Church Book And this must be done by the knowledge of one of the Church-wardens there Tenthly These Officers are to joyn with Numb 12 the Over-seers of the Poor in the execution About the Poor of their Office throughout for they have an equall Authority and Charge with them in the Execution of the whole Office nay these in truth are the principall Officers in this Office and the Over-seers are but Assistants to them For so are the words of the Law that they shall be joyned with the Church-wardens c. Eleventhly If any forfeiture be by any offence About killing of Hares Phesants c. about killing Hares Phesants or Partridges and the Justices of Peace force the payment thereof to these Officers they are to receive the money and see it imployed to the use of the Poor of the Parish Stat. 1 Jac. Chap. 27. Twelfthly These Officers are to joyn with In levying money upon Rates for the Prisoners in the Kings Bench and Marshalsey the Constables of the place to rate the whole Parish towards the payment of the County Rate of the Justices of Peace for the relief of the Prisoners in the Kings Bench and Marshalsey And being rated to pay the same to the High Constable of the Hundred once every quarter under pain to forfeit ten shillings for every default 43 Eliz. Thirteenthly They are also to joyn with For Mariners and maimed Souldiers the Constables to rate the whole Parish towards the payment of the Justices Rate for the County for the relief of the Poor Marriners and maimed Souldiers And to collect and pay the same to the High-Constable ten dayes before every quarter Sessions under pain to forfeit twenty shillings for every default 43 Elz. Fourteenthly These Officers alone are For the Prisoin the Gaol to rate and levy the County Rate made by the Justices for the relief of the Prisoners in the Common Gaole and to pay the same quarterly to the High-Constable of the same Hundred under pain of five pounds and this money if the Church-wardens doe pay before they doe Collect it it shall be allowed them again upon their Accompt Fifteenthly Where an Offender that is To carry a Prisoner to Gaol committed to Prison hath not Goods sufficient to defray the charges of conducting him thither The Constables and Church-wardens and two or three of the Parshioners may make an indifferent Rate for the same And any one of these Officers by warrant from the Justice of Peace that did commit the Offendor may levy the same Rate on the Parishioners Goods Sixteenthly These Officers are upon a Numb 13 Warrant sent to them from any that have Against Drunkards power to levy the forfeitures for the breach of any of the Lawes touching Drunkards and drunkenness And they are then also to see that they doe imploy the same to the use of the poor of the place Seventeenthly These Officers are to joyn Against them that destroy Fish with the Constables to execute warrants for the levying of the forfeitures against them that destroy Fish c. Eighteenthly They are also to joyn with To choose Surveyors for the High-wayes the Constables in the chusing of Supravisors for the High-wayes and in the setting down of dayes for the work and in the oversight of the High-Constables Accompt for the moneys they doe receive by any forfeiture They may also with the help of two Justices of Peace Quorum Vnus force Force High-Constables to accompt High-Constables that have received any money forfeited for defaults of High-wayes to accompt for it and pay in what is in their hands to be imployed about the High-wayes Nineteenthly If a Rogue be brought and About a Rogue tendred to these Officers they must receive him or else they forfeit five pounds Stat. 39. Eliz. Twentiethly 1. These Officers being required About Presentment must attend the Justices of Peace and with the Over-seers of the Poor give to the Justices an Accompt of what stock of money hath been raised by Rates or is otherwise setled amongst them and how they are imployed and what Apprentices are placed or fit to be placed and of the rest of the things concerning their Office 2. They must also present upon their Oathes all Offences that are done within their Parish against the Statutes made for the suppressing of Drunkenness and other disorders of Ale-houses 3. They are to joyn with the Constable in presenting of Popish Recusants CHAP. XII Of the Over-seers of the Poor and their Office THe Overseers of the Poor Numb 1 are certain Officers appointed What they are and
Borsholders Tything-men Numb 1 Borow heads Head-borowes Third-borowes and Lamb. in the Duty of Constables f. 6. Chief-pledges hath two severall Offices at this day the one being his Ancient and first Office and the other his later made Office his first Office began thus By the ancient Lawes of this Nation before the comming in of King William the Conqueror it was ordained for the more sure keeping of the Peace and for the better repressing of Theeves and Robbers That all free born men should cast themselves into severall Companies by ten in each Company and that every of those ten men of the Company should be surety and pledge for the forth-coming of his fellowes so that if any harm were done by any of these ten against the Peace then the rest of the ten should be amerced if he of their Company that did the harm should flie and were not forth-coming to answer to that wherewith he should be charged and for this cause these Companies be yet in some places of England called Boroes of the word Borhes Pledges or Sureties albeit in the Western parts of this Nation they be commonly named Tythings because they contain the number of ten men with their families and even as ten times ten doe make an hundred so because it was then also appointed that ten of these Companies should at certain times meet together for the matters of greater weight therefore that generall Assembly or Court was and yet is called a Hundred And it was then also ordained That if any man were of so evill credit that he could not get himself to be received into one of these Tythings or Boroes then he should be shut up in prison as a man unworthy to live at liberty amongst men abroad and whereas every of these Tythings or Boroes did use to make choice of one man amongst themselves to speak and to doe in the name of them all he was therefore in some places called the Tything-man in other places the Boroes-Elder now called Borsholder in some places in other places the Boroe-Head or Head-Borow and in some other places the Chief-Pledg which last name doth expound the other three that are next before it For Head or Elder of the Boroes and Chief of the Pledges are all one and in some Shires where every Third-Borow hath a Constable there the Officers of the other two are called Third-Borowes Moreover in these Tythings or Boroes sundry good orders were observed and amongst others First That every man of the age of twelve yeers should be sworn to the King Then that no man should be suffered to dwell in any Town or place unlesse he were also received into some Suretyship and Pledge as is aforesaid And that if any of these Pledges were imprisoned for his offence then he ought not to be delivered without the assent of the rest of his Pledges Again That no man might reâ—ove out of one Tything or Boroe to dwell in another without lawfull Warrant in that behalf Lastly That every of these Pledges should yeerly be presented and brought forth by their Chief-Pledg at a generall Assembly for that purpose which at this day is called The view of Frank Pledg And of this ancient Office there is yet some shew in our Leets or Law dayes and well were it for us if the very substance thereof were throughly performed at this day The latter Office of these Officers is in manner all one with the Office of a Petty-Constable Secondly some things these Officers are to Numb 2 doe in their Office they are to doe Ex Officio and by the duties of their places without any command from others and for other they must doe them by command from others and without this they need not doe it not can they justifie the doing thereof Thirdly Some Numb 3 part of their Offices are derived from the ancient Common-Law and other parts from certain Acts of Parliament newly made whereby they are further enabled or charged than they were before by the Common-Law Fourthly Numb 4 The Office of the Petty-Constable and High-Constable is one and the same for most things only the High-Constable is over all the Hundred and the power of the other is only in his Parish or Tything Fiftly That whatsoever the Numb 5 Law doth require of these Officers by the duty of their place that it doth give them authority Daltons J. P. 28. 296. Fitz. Just. P. 30. Lamb. Just of Peace 240. to doe and whatsoever the Law doth give them authority to doe that for the most part the Law doth enjoyn them by the duty of their place to doe Sixtly Whatsoâ—â—er any other man may doe in those things whereabout the Numb 6 Office of a Constable is conversant the Constable What every man may doe in the Constables Office may much more doe And therefore a Constable may without doubt part Affrayors or keep them asunder in a Room of his own or of another mans house for a time to prevent mischief And if he see one coming with a weapon drawn or the like intending to take part in the Affray he may lay hands on him and stay him and he may Arrest or Imprison one he Arrest doth know or suspect to have committed a Fellony Fellons or one that is apparently about to commit a Felony or one that hath dangerously wounded another or night-walkers that are Nightwalkers dangerously suspicious or one that keepeth or useth any Gunne c. contrary to the Statute or the like for in all these cases any other private man that is no Officer may doe the same and justifie it Seventhly That Numb 7 which shall be said of one of these Officers must regularly be understood of all the rest except it be in the cases wherein the office of the High-Constable of the Hundred and of the head Constable of a Town are in some few things singular So that as the Constable of a Parish is to labor to keep the Peace suppresse Fellons execute the Justice of Peace his Warrant and the like So is the Tythingman Borsholder Borohead Thirdborow and chief Pledge of a Parish to doe the same and this Officer where he is called by this name within his Precinct hath the same authority in all things as the Constable hath within his Precinct Eighthly Numb 8 All the cases herein set down touching the office and duty of these Officers must be so understood as to give them authority to charge them within their own limits and precincts only and no farther for howsoever these Officers are bound to look to the Peace to suppress Fellons execute the Justices warrants and the like yet all this is to be understood within their own Hundreds Parishes anâ— Tythings only within which only they have authority and power except it be in some speciall cases shewed after for out of the Compass of their Hundreds Tythings and Parishes they have no more authority than a private man neither are they
more bound there to doe any of the things that doe belong to their office than any Numb 9 other man is Ninthly that in case of pursuit Ayde Broo. Ry. 3. Tresp 431. 3 H. 7. 10. 13 H. 7. 10. 38 Ed. 3. 8. Dalt J. P. 303. and apprehension of Fellons and carrying them to Gaole in case of suppressing Insurections allaying of Affrayes keeping of the Peace execution of the Warrants of Justices of the Peace and the like any of these Officers when need shall be may require the ayde and assistance of so many of his Neighbours or others of all sorts of able men above fifteen years of age as he shall think meet and so also he may doe in case where a man is hurt and dangerously wounded for the apprehending and arresting of him that gave the wound and so also he may doe when a Warrant is sent unto him for the apprehending of a popish Recusant by speciall provision of the Statute of 3 Jac. cap. 4. And if any such person being required by any of these Officers in any such case shall refuse or neglect to aide them he may be fined and imprisoned for it at the Quarter Sessions Tenthly these Officers if they cannot otherwise Numb 10 get in may justifie the breaking open of Breaking of a house Coo. 5. 92. Dalt J. P. 176. 177. 13 Ed. 4. 9. 3. Jac. 4. any mans house in these Cases following viz. to search after or arrest any Person for Treason or Felony or suspicion thereof that is or is thought to be in the House to take a man that hath dangerously hurt another and is fled into the House to appease an affray that is in the House to apprehend a Popish Recusant upon a Warrant to break open the house and upon a Warrant for the Peace or good Behaviour by the opinion of Popham and Clerk Judges of Assise at Cambridge And so generally in all cases wherein the Keepers of the Liberty are Party or where they have any Interest in the business And yet it seems in case of a Warrant to apprehend an Alehouse-keeper for selling without licence and to carry him to Bridewell upon the second Conviction it was doubted by the Judges in their Resol 1633. Sect. 11. But in all these cases the Officer Numb 11 before he doth break open the house Fresh pursuit Pl. 37. Dalt J. Peace 23. Arrest out of the Officers precinct To what Gaol a Prisoner may be carried must signifie the cause of his comming and require them to open the dores Eleventhly where an Officer hath power to arrest a man and being coming to doe it the party doth flye into another County or Hundred in this case the Officer may presently pursue him whithersoever he shall so flie and arrest him there albeit it be in another Hundred or County out of his own Precinct Twelfthly if a man commit a Fellony in one County and be arrested Numb 12 in another County for the same by the fresh Daltons J. P. 297. 298. pursuit of the Officer or some other pursuing him thither in this case the Prisoner must be carried to the Gaole of the County where he is taken and not to the Gaole of the other County And if a Constable be coming to arrest Affrayors and they fly into another County and he pursue and take them there in this case he must bring them before a Justice of Peace of the same County where they are taken where the Officer can doe no more than a private man But if the flight be only into a priviledged or other place in the same County in this case the Officer may in his fresh pursuit thither take him and diâ—pose of him as an Officer and as if he took him within the limits of his own Parish And if a Constable arrest a man upon a Warrant from a Justice of Peace and after the arrest the party of his own wrong getteth away and flyeth into another County in this case the Officer may pursue him and take him there and bring him back to the same Justice of Peace from whom the Warrant came Thirteenthly Nmb. 13 It is dangerous to oppose or hinder Resisting an Officer Coo. 4. 40. 9. 96. Broo. Tres 296. 21 H. 7. 39. Lamb. J. P. 29. 298. Dalt J. P. 297. Murder Trespasse Good behaviour these Officers in the doing and execution of their office For to kill any one of these officers in the doing of his office is wilfull murder and causeth unavoydable death or to beat or wound any such Officer in the doing of his office is a great Trespass to be recompenced with great Dammages And otherwise to abuse any such Officer in the doing of his office is a great Misdemeanour that may cause the offender to be bound to the good Behaviour And if the party that is to be arrested shall make resistance make an assault upon the Officer or labour to get away the Officer may justifie the beating yea and the Beating wounding of him also or he may imprison him in the Stocks for the same But upon a Stocks Warrant of a Justice of Peace for the Peace or good behaviour if the party resist or flye before he be arrested it is said the Officer cannot justifie the beating of him yet if the Officer please he may soon arrest him for if he be a known Officer and doe but say to the Party I arrest you in the name of the Keepers Arrest of the libertie of England albeit he never And so was the opinion of the Lord Keeper the Lord Chief Justice 5. Car. Murder justfiable lay hands upon him this is an Arrest in Law And if a Warrant be sent to any of these Officers to Arrest one Indicted of Fellony he may justifie the killing of the Party if he cannot otherwise take him or being taken if he resist and fly when he is taken Fourteenthly Where any of these Numb 14 Officers hath Arrested a man and hath power Fitz. Cor. 61. 288. 328. When an Officer may imprison a man in another place then the common Prison to imprison him it is held that he may not imprison him in his own house or in any other place but the common prison and the prison also of the same County for he may not carry him to the Gaol of another County except it be in some speciall Case as where one Gaol doth serve for divers Counties or the like and yet upon resonable request as Fitz. Barra 202. 20 E. 4. 6. 10 Ed. 4. 17. 22 Ed. 4. 35. 3 H. 4. 9. Kelw. 45. 11 E. 4. 7. Stocks because it is night or because the Officer doth want strengâ—h enough to carry him to the Goal or to the Justice or because he doth fear a Rescue will be made upon him or the like in these Cases the Officer may put the party in the Stocks and keep him there for a reasonable time viz. untill the morning if