foster case John foster and Ursula his wife bring a Writ of false imprisonment  against Robert smith and upon the plead as special verdict the case be such  sure that the town of Brancaster be within the hundred of Smithden in the  county of Norfolk and that the defendant be pillage tempore quo c one of the  constable of Brancaster and that Nathaniel Bacon esquire then one of the  justice of peace within the say county make a warrant seal with his seal  direct among other to the constable of Brancaster recite that John lane of  Brancaster be in fear of his life mutilation of his member and burn of his  house by Ursula the plaintiff c thou c to take beforehand quoth pillage  Ursulam in person to some place  justiciarior our and peace in  under command the head of predict assign venire to make seu some your venire  to make sufficient manucapt quoth self predict Ursula say beforehand advance  Johann lane damnum malum some c non to make nec fieri procurabi et si hoc  to make recusaveri tunc self such recusant neighbor prison our men  in  under command the head of pillage duci facias c ibidem to delay  until what time gratis hoc facer voluer c by force of which warrant the  defendant do arrest the say Ursula and that afterward the plaintiff and one  John Hammond offer they to go to Thomas farmor esquire one of the justice of  peace of the same county to be bind to the queen accord to the purport of the  say warrant and that the say Robert smith do refuse to go to the say Thomas  farmor upon which the plaintiff go with the say John Hammond to the say Thomas  farmor and there acknowledge a recognizance to the queen to appear at the next  session to be hold within the hundred of Smithden the which be not accord to  the warrant and that the defendant predict tempore quo c by force of the say  warrant bring the say Ursula before the say Nathaniel before who she refuse to  find surety for which the say defendant carry the say Ursula to gaol by force  of the say warrant and in this case two point be resolve by Wray chief justice  and the whole court that upon the say general warrant sure in person  to some place  justiciar c it be at the election of the constable who be a  officer and minister of justice to carry the party arrest to what justice he  will for it be more reasonable to give election to the officer who in  presumption of law be a person indifferent and swear to do and execute his  office due then to give the election to the delinquent himself who by  presumption of law will seek excuse and perhaps will carry the constable be  for the most part a poor man to the far part of the county by reason whereof  such constable will be morenegligent and remiss of such warrant for fear of  travel and loss of their time which judgement be against the opinion of Fineux  Henry obiter whereof the reporter make a quaere but it agree with the opinion  of the lord brook in abridge the case of Henry title faux imprisonment note  reader the law adjudge in the point which never as I know be adjudge before it  be resolve that after the officer in the case above have bring the party  before the justice and before he she refuse to find surety the officer without  a new warrant or commandment may carry the party to prison and that by the  word of the say warrant et si hoc to make recusaveri c and Wray chief justice  say that a justice of peace may in such case make a warrant to bring the party  before himself and the same shall be good and sufficient in law for for the  most part he who make the warrant have best knowledge of the matter and  therefore most fit to do justice in the case