beal against carter rot in a action of false imprisonment the defendant  justify the imprisonment for two hour because the plaintiff bring a little  infant with he to the church intend to leave it there and to have the parish  keep it and the defendant be constable of the parish because the plaintiff  will not carry the child away with he again carry the defendant to prison all  the say time until he take the child away with he and hereupon the plaintiff  demurrer and it seem to the justice that it be no good plea for although the  constable at the commonlaw be keeper of the peace yet this do not belong to  his office but if he have justify as officer then perhaps it have be good and  afterward videlicet Hillar Elizabeth the case be argue again and then  Glanville say that it be a good justification for any person may do it for if  I see a ready to kill b I ought to hinder he of his purpose and in the ass the  defendant justify because the plaintiff be mad and do a great deal of mischief  wherefore he imprison he and in Elizabeth which case I have hear in this court  the constable take a mad man and put he in prison where Owen er p he die and  the constablewas indict of this but be discharge for the act be legal and so  here in this case if the infant have die for want of moat it have be murder in  the plaintiff for it be hold in Elizabeth at Winchester before the Lord Bacon  if one bring a infant to a desert place where it die for want of nourishment  it be murder gawdy it be ill do of the plaintiff but that ought to be reform  by due course of law for a constable can imprison at his pleasure but he may  stay the party and carry he to a justice of peace to be examine Wray then such  matter ought to be plead quod gaudy to go away Fenner if he have plead that be  refuse to carry the infant away then it have be a good justification for a  constable be conservator of the peace but because it be not so plead the plea  be nought but the judge will not give judgement for the ill example sake and  therefore they move the party to compound Owen pasch Elizabeth