coke a foster case hill Elizabeth in the king bench on a general warrant to a  constable to bring a party before some justice of the peace of the county to  find surety of the peace it be at the election of the constable to carry the  party arrest to what justice he will and on refusal of the party to find  surety the officer may convey he to prison without a new warrant on the cause  in the warrant et si hoc to make recusaveri c a justice may make a warrant to  bring a party before himself to find surety of the peace John foster and  Ursula his wife bring a writ of false imprisonment against Robert smith and on  the plead and special verdict the case be such sure that the town of  Brancaster be in the hundred of Smithden in the county of Norfolk and that the  defendant be pace 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 prcipimus quod prd Ursulin in person to some place justice our ad peace in  come predict assign venire to make seu some your venire to make sufficient  manucapt quod self predict Ursula prfat Johann lane damnum malum some c non to  make nec become procurabi et si hoc to make recusaveri tunc self such recusant  neighbor prison our men in come prd 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  coke b 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  on which the plaintiffswont 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 which be not accord to the  warrant and that the defendant predict tempore quo c by force of the say  warrant carry the say Ursula before the say Nathaniel before who she refuse to  find surety wherefore the 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 on 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 duly than 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  mail to the far part of the county by reason whereof such constable will be  more negligent and remiss of such warrant for fear of travel and loss of their  time which judgement be against the opinion of Fineux h obiter whereof the  reporter make a qure but it agree with the opinion of the Lord brook in  abridge the case of h title faux imprisonment note reader the law adjudge run  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 so the officer without a new warrant or  commandment may carry the party to prison and that by the word coke report a  er p 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 it will 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