chume plaintiff against PIOTT one of the sheriff of London defendant a action  for a false imprisonment Ro r in a action of false iinpriSonment the defendant  do justify and for his justification show that one Henry Clare of purifying be  commit to the counter in Woodstreet and be in prison make a escape that the  defendant be sheriff make pursuit after he and in this pursuit he do meet with  the plaintiff in nocturnal tempore daughter of the Sun horan of to ninth  legion wander who use he undecent give he uncivil word indecenter see to bear  about opprobriosa word devoted to ditrusit ad mouse and therefore he do take  he and for this do imprison hire and so do justify to this plea and  justification the plaintiff demurrer in law Briscoe for the plaintiff that  this plea and justification of the defendant be not good as to the matter of  the justification this rest upon the power and authority of the sheriff of  London it appear by Assisar plea that a commission be to take a man and his  good without any enditement or suit of the party or of other process be  against the law and clerk case coke pars fol in a false imprisonment the  defendant justify upon a ordinance for nonpayment of a assessment this  justification hold not good and the ordinance to be against law against the  statute of great Charta capite nullus libre a human being imprisonetur which  Act have be confirm and establish above time as toucliftig the authority of  the sheriff of London to imprison it appear by V n b in his title of Witherdam  and coke pars fol in Beechers case where a man shall be imprison and where not  h fol and the register fol upon a justice or a that has arisen by birth  babendo to the sheriff he be not to imprison No imprisonment to be but by a  court of record the law do not like of the statute of Westminster the first  capite of imprisonment to be by the sheriff the same be restrain but to be  indict before he other statute make to this purpose as e cap e capite that the  sheriff not to have power of his own authority to imprison one and by the  statute of nariae capite the sheriff be not to act or do any thing as a  justice of peace and in Fitzherbert nat Bre fol a e fol a c d in his writ de  freedom from care peace to the sheriff or to the justice of peace this be by  statute law but the power of the sheriff be small at the commonlaw as to the  arrest of one and restrain he of his liberty here it be say that he be a  nightwalker and that it be daughter of the Sun horan of to ninth legion youngs  case coke pars fol in a indictment the stroke lie to be circiterpectus and in  Morgan appeal daughter of the Sun horarn adjudge not good for the uncertainty  in it by h fol and two f ol the watch to arrest nightwalkers they be to be  appoint and this be ground upon the statute of Winchester e capite which give  authority to the watch so Bulstrode to do but not to the sheriff as to the  misbehaviour allege against he these be lie to be general and particular one  because he do undecent use he and because be give he undecent and uncivil word  but do not show the manner how in particular and the court be not to take  knowledge of this as it appear coke pars fol in Specots case and coke pars fol  in trollop case the court be not to give credence to incertainty not to the  bishop to his general certification that a party present be schismatic make  old or guilty man nor to the like return of the sheriff as to the particular  misdemeanour here allege against he that he thrust he to the wall to thrust  away ad mouse he may do this casual inscienter and by compulsion so that this  be no cause of imprisonment be do not here say that he do this Willing this be  a plea in bar by way of justification and this shall not be make good by  implication h fol there a constable plead in ba rre by way of justification of  a imprisonment for a assault make upon he if upon this book of h a sheriff may  imprison one for a assault make upon he he ought then to imprison he for the  breach of the peace if it be for a particular misdemeanour do unto himself non  finish off an end the life in jure how long he ought to imprison he for this  otherwise where it be for nightwalker or for the breach of the peace Coventry  for the defendant the justification here be good both for the manner and  matter of it as to the exception take to the manner of the justification it be  show that Henry Clare be commit to the counter in woodstreet that be make a  Bulstrode er p escape that the defendant be sheriff make pursuit after he and  do meet with the plaintiff pr Tdict tempore quo to put below imprisonamentum  proadictum become be the same four day of February on which he escape and at  the same time the pursuit be all be do upon one and the same day so that there  be no repugnancy in the plea it be not say tempore quo factum send quo to put  below and also this be but matter of inducement to the justification and  therefore whether this be good or not be not material if he have not set forth  this occasion it will not hurt the justification be the substance of his plea  which be that he be sheriff and there present the plaintiff be wander offer  uncivil carriage towards he and give he ill word and though this belay to be  daughter of the Sun horan of to ninth legion yet lie all the plea together and  it appear that the plaintiff be in the street in nocturnal tempore when this  affront be thus offer unto he as to the matter of the justification there be  no question but at the commonlaw a sheriff may commit any one for the breach  of the peace it appear by Fitzherbert nat Bre fol that the sheriff have  custodiam comitatus and therefore for cause he may commit h fol b by the  commonlaw the sheriff be conservator peace and therefore Fitzherbert make it a  question whether he shall bind he by recognizance or by obligation and no Act  of parliament make to the contrary to meddle with sheriff turn and the statute  of Mari a capite do not take away any power from the sheriff by which statute  if he be in commission of the peace before he be to forbear the execution of  his commission for the peace so long as he be sheriff but he be not to forbear  the execution of that which be commit unto he for the county as to the cause  here set forth for his commitment he be a vagrant h every man can commit a  vagrant but by the commonlaw before the statute of Winchester certain officer  be appoint for to do this but watchman be not before and therefore they derive  their authority from the same act this statute do enlarge the commonlaw here  be also a breach of the peace which be cause sufficient for commitment also  here be further set forth a violence offer towards the sheriff himself S quod  to thrust away ad mouse by h fol a constable may commit one for breach of the  peace upon himself a strong the sheriff may so do it be object that it be not  here lie that he do this volenter and he may do it ignorantly but this be  sufficient prove to be so by all the word use against he be lie Bulstrode  altogether he give he ill word and afterward he thrust he up against the wall  land therefore of necessity this must be do violent and so the sheriff have  good power and authority for this act of violence to commit he croak justice  without all question the sheriff have power to commit be custos conservator  peace if contrary to the statute of Northampton be see any one to carry weapon  in the highway in terror poplar tree king he ought to take he and arrest he  notwithstanding be do not break the peace in his presence it be the major of  Barstables case who do commit one and justify the same in a action bring  against he for a false imprisonment for that he do misbehave himself towards  he by ill word and otherwise if he have lie this to have be do when he be in  the execution of his office this have be good but this appear to be when he be  play at table and because he then call he fool he do commit he and so justify  but his justification hold not good the commitment by he be for this cause and  in this manner here it be say indecenter see to bear about opprobriosa word  devoted to to thrust away ad mouse but he do not say that this be so do  violent and whether this shall not be so now intend to be so do lie all  together Haughton justice it be not here lie to be do contemptuous violent nec  contra peace here he do absolute take upon he to commit he for this his ill  carriage towards he may he be by the sheriff commit when there be nothing by  he do against the peace this to be upon suspicion dodderidge justice lie all  the word here together here want contra peace contemptuose but if he give he  undecent speech and do thrust he up against the wall in the night this do  argue and imply a contempt and this act pursue to be contemptuous do ib be not  here allege that he do this sciens know he to be the sheriff for this he  commit he to the counter for this commitment the action bring and the  justification make the court advice the party to end Bulstrode er p this  matter between themselves and so without any further opinion give this matter  be adjourn unto another time afterward S boundary mich James b r this matter  be move again and h fol h fol cite for the arrest of nightwalker coke chief  justice Clare be here a prisoner in the custody of the sheriff be in execution  he make a escape the sheriff pursue he and in this pursuit be meet with the  plaintiff who do misdemean himself towards he in manner as before we ought  here to intend that he do this malicious and it can be otherwise intend for he  give he at the very first unseemly word and this show his spleen towards he in  the way devoted to he meet he Self usque ad mouse to thrust away this ought  not to be lie to be do way arms in the bar this not clarkelike the law here  imply this that it be do way arms it be here say that he meet he very much  word incivilia devoted to super quo viders the dawn act  so much male seize to  bear about near evil gestur to take in hand imprisonavit this justification be  good for magistrate be not to be abuse by any one h fol be conservator peace  and he may arrest one the sheriff be call sheriff because the earl at the  first have this power no earl there be before the Conquest but he have this at  pleasure ad will king but not to descend but afterward when honour do increase  sheriff be then make id be vicein to bear about he have custodiam comitatus  custodiam gaolva and if he have not here lie he by the heel for this his ill  carriage towards he he have not do well the whole court clear of opinion that  the defendant have do well here that the imprisonment be just and lawful and  the plea in bar by way of justification good Dodderid e this be not to be  suffer for one thus to justle a officer of the king be in execution of his  office if this have be by chance and unwilling Bulstrode he may have plead  this if it have be so but his not plead of it to be so show it to be otherwise  as Bracton observe coke right of way for cattle non compose party in law suit  ni si man sit rea it appear plain that this be thus do by he Willing and of  set purpose to hinder he in the pursuit of his escape prisoner the whole court  be clear of opinion for the defendant that this plea in bar and justification  be good and so the rule of the court be quod to seek nil to take in hand per  billam