Bulstrode Phelps plaintiff against Winchcomb defendant enter Termin Hillar  James b r rot a action of false imprisonment r r more Ro Abr l in a action of  false imprisonment bring by the plaintiff against the defendant be a  deputyconstable for arrest and imprison of he wherein the question be l  whether a constable may make a deputy for to arrest one upon a writ to he  direct by a justice of peace the constable himself be sick and then a second  question be whether such a deputyconstable upon a action bring against he and  find for he be such a person as may plead and by plead may have the benefit of  the statute of James cap to have double cost or not it be urge for the  plaintiff that he be a deputy be no such person as may take benefit by this  statute and it be also urge that a constable can make a deputy without special  word for the same and for this e fol be cite a constable ought to be fit mask  handy to perform his office and by his oath he be to execute such thing as do  belong unto he by reason of his office a strong here he have this special  warrant to he direct ought to execute the same himself by h fol and lib  Assisar if a writ be direct to the coroner there be three they all ought to  execute this warrant for the same be to be execute accord to the direction  coke chief justice as to this if in judicial matter there any two of they may  de this but if it be in matter ministerial there all be to de it and this be  the difference it be then urge that here he can not make a deputy this warrant  be special direct to the constable himself by a justice of peace e f cite of a  excommengement certify under the seal of commissary of the bishop that the  justice of peace may direct his warrant to the tithingman or to any other and  no inconvenience may thereby ensue and as to the statute of James cap it be  urge that the deputy of a constable be not a person within the intent and  meaning of this statute coke in diverse place the custom be that they de use  in such case to make deputy as in London the writ be viscount he make his  deputy the undersheriff at the first a earl have the jurisdiction of the  county and their commission be S commissimus thou and therefore he be call  sheriff commissimus thou custodiam comitatus ad will our men and the sheriff  come in his place in Bulstrode er p loco viscount and all sheriff have their  commission in this manner ad will our men if this be so and that in his patent  no mention be make of any deputy by he to be make what be the reason then that  he may exercise this his place by deputy it be then answer that what the  undersheriff do he do the same in the name of the high sheriff Bulstrode coke  and so it shall be here in this case and this do well agree with all the book  remember and the custom will aid this also croak justice sub sheriff be a  person of who our law take notice and so the custom may be for sub  constabularius all this be so use in London and a deputy alderman there make  coke this the first case of this nature that be ever question dodderidge  justice of officer there be these two kind S a judicial officer and  ministerial a judicial officer can make a deputy because he be call to de  justice otherwise it be of a ministerial officer who may make his deputy but  yet to separate be all return make by he ought still to be make in the name of  the principal officer and not in his own name here the office of a constable  be a public and a very necessary office and you ought not so to straiten he be  sick and so unable to execute the place in person as that he shall not make a  deputy at the first in the first government the earl make his deputy S the  sheriff and he also make his deputy S the undersherrif and his bailiff errand  within the county call the sergeant of the county and no warrant yea for they  to de so but the same be still so do but as to the statute of James cap for  double cost this extend only to the constable and by this cost be give to he  only coke the undersheriff be never swear but the high sheriff and he be to  answer for all and it shall be so also in the case of a constable he be not to  be confine always to his house no word there be in the charter of a  deputyalderman and so here a justice of peace may make his warrant to have the  party to be bring before he as to the statute here of James for cost by this  statute double cost be give to a constable and a deputyconstable be within the  intent and meaning of it for that he be a constable pro tempore so a sheriff  be name therein and his undersheriff shall have benefit of this also Haughton  justice a justice of peace may make his warrant to the constable to take such  a one and to bring he before himself as it be resolve by Wray chief justice in  sir Nicholas bacon case in which there be a great inconvenience for it may be  a great way to come unto he but usual their warrant be in this manner S to  bring the party before he or before some other justice of the peace coke major  may make deputy and so of dean this be usual and will you restrain this  constable here that he may not so do but be always tie to his house this be a  very plain and a clear case that he may well make a deputy also upon the  statute of James cap for cost a deputy be the person of the constable and so  within the statute a commissary be not to certify but in the name of the  ordinary the statute of h give power unto a justice in eire to make a deputy  but not so at the commonlaw for the king can make we judge to we and to our  deputy this case here now in question before we be a very clear case that a  constable may well make a deputy and that this his deputy be within the  meaning of the statute to have double cost the case of the undersheriff do  much lead and induce I to be of this opinion the whole court agree herein in  opinion in both point against the plaintiff but no judgement be give the same  for this time be adjourn and be never move again but end as I hear by  agreement between the party perceive which way the court incline in their  opinion against the plaintiff Bulstrode er p