case Sharrock against HANNEMER a constable can arrest for a affray out of his  view without warrant except felony be likely to ensue ante lamb bro surety  more Savil Owen hawk hawk Bac Abr ld raym dougl false imprisonment the  defendant justify for that he be highconstable of the hundred of d in the  county of Salop and that the plaintiff make a affray upon I S and that he come  present after the affray make and I S pray he that he will take surety of the  peace because he stand in fear of his life whereupon he commit the plaintiff  to ware there for that he will not find surety for the peace as it be lawful  for he to do and traverse the imprisonment in any other county and it be  thereupon demurrer first because a constable can take surety of the peace  unless for a affray commit in his view second because the county be not  traversable but as to the second the court will not hear any argument for  there be no question but it be traversable when the justification be local  croak Elizabeth er p and so it be adjudge in the queen Heneb Elizabeth roll  betwixt Dawby and Dawby but as to the first Anderson Walmsley and Heaumond  hold that the justification be not good for Anderson say that a constable may  commit one for the breach of the peace in his view but not if it he do out of  his sight and he can take a obligation for the breach of the peace if it he  not break in his view and a highconstable be not such a officer nor  conservator of the peace whereof the commonlaw take any notice for he be not  mention in any book and neither the high nor petit to agree Le can take any  man oath that he be in fear of his life wherefore c Walmsley a petitconstable  may commit one who have break the peace although it be out of his sight if he  will not find surety of the peace upon information that one intend to take  croak Elizabeth a battery and to disturb the peace for by prevent of the  occasion of the breach of the peace it shall he well preserve and although  that Edward Edward pl Henry pl be that he may commit one upon view of the  breach of the peace and make he find surety therefore yet Edward title bar be  that he may do it upon information of the peace break or to he break or that  he come where the person be assemble to break it for thereby the breach shall  he avoid but he may not take surety by recognizance enter because he be not a  judge nor any officer of record but be elect by matter I pais and therefore  may take surety by matter infail videlicet the obligation but a highconstable  can do so for he be not a conservator of the peace by any law nor find I any  authority which mention he and in the north there be not any highconstables  but neither high nor petit constable can take a oath of any one that he be in  fear of his life wherefore c Heaumond a constable and sheriff be conservator  of the peace at the commonlaw and may take surety of the peace by obligation  upon view of the peace break or tumult make otherwise not but they can take  any man oath that he be afraid of death for he be not a judge nor officer of  record which be the reason that a obligation take by he shall he in his own  name and not in the queen name and shall he certify at the session of peace  but a chiefconstable can do so nor be they by the commonlaw but by custom and  for conformity wherefore c Owen a constable be a conservator of the peace by  the commonlaw and may take surety of the peace as well before the peace break  as after for otherwise it will he too late and this authority at the commonlaw  yet remain and that a chiefconstable may also do it but notwithstanding his  opinion for the reason before express it be adjudge for the plaintiff