case Jerome and avicia wife against phear and neal Hilary term Elizabeth roll  a plea of calmly manus do not extend to justify battery or wound c c post Lut  lev vent skin ld ray Mod salk Com dig Bac Abr post trespass of assault and  battery and wound of the feme plaintiff the defendant plead that the village  of new Sarum be a ancient city and that time out of mind it have be use there  that upon complaint to the mayor of a battery and affray that he as a justice  of peace shall send his sergeant at mace or a officer well known for the party  to come before he and answer c and allege in facto that Jerome the plaintiff  have make a battery and thereupon complaint be make to the mayor he send the  defendant be constable there to attach he and to bring he before the mayor to  answer c whereupon they come to he to attach he and the feme plaintiff eos to  entangle whereupon they lie their hand upon her calmly to cause her to desist  that they may attach he which be the same trespass c and demand judgement si  action c upon this plea it be demurrer croak Elizabeth in law coke argue for  the plaintiff and allege that the plea be insufficient for four cause first  that the prescription be void and against law second that they come to attach  he but say not within the city and it may be intend in another place out of  the city three the defendant allege that they do calmly lie their hand off her  which be the same trespass but answer not to the battery and wound nor  traverse it fourthly theyjustified at new Sarum but do not traverse the  trespass which be suppose in Middlesex and for the first point coke say it be  against great Charta and Edward c pound Edward c that none shall he imprison  but by reason of indictment or due process of law and not upon complaint and a  prescription to be a justice of peace can he for the authority of a justice of  peace commence by the statute of Edward c and before that time they be only  conservator of the peace and the other matter be apparent vicious and no  defence can he make of they the court command that judgement shall he give for  the plaintiff and principal for the two latter point for they will not speak  to the first because it touch the authority of mayor c but the next day they  command judgement to he stay and that the plaintiff shall come before they by  which it seem they intend to make a composition vide cro James croak Elizabeth  er p