case MACKALEYS case to kill a officer who be execute process or a magistrate  who be preserve the peace be murder for the law presume malice notwithstanding  there be error in the process or the arrest be make in the night SC   b b sir  John murrey John Mackaley and John English be indict at Newgate session for  the murder of one fall sergeant of the mace in London a but now by Ann c S  action of account may be bring against the executor and administrator of every  guardian bailiff and receiver c croak James er p the indictment be special  show the custom of London for any sergeant to arrest after a plaint enter in  any of the court of the compter and that one Radford cause a plaint of debt to  be enter in the compter of Woodstreet against sir John murrey and procure the  say fall to arrest he who November James between five and six of the clock at  night be Sunday within Ludgate come to sir John murrey and clasp he about the  middle say I arrest you in the king name at the suit of Robert Radford for  such a debt have his mace at his back but do not show it and there be three  other officer to assist he but none of they have any weapon and murrey and he  fall down together the say sir John murrey call to the other be his servant  and say draw rogue and the say Mackaley and English draw their weapon and the  say Mackaley thrust the say fall with his sword give he a will whereof be  instant die croak throw all this matter be find by special verdict which be in  effect no more than the indictment but with the addition of these matter of  fact all the justice of England meet several time at sergeant inn by the king  special commandment and at three several day hear counsel as well for the  prisoner as also for the city for it concern all the arrest in London it be  pretend that such a custom be not good and that the arrest in the night and  without show of the mace be not good and other like exception take to the  indictment but after great deliberation it be resolve that the indictment be  good and that the custom be good and that the offence be murder and now at the  session after the term coke chief justice of the common plea deliver the cause  of their resolution videlicet they all resolve nullo to speak against that if  any sheriff undersheriff sergeant or officer who have execution of process be  slay in do his duty it be murder in he who kill he although there be not any  former malice betwixt they for the execute of process be the life of the law a  therefore he who kill he shall lose his life for that offence be contra power  king et law and therefore in such case there needs not any inquiry of malice a  the law be the same if any justice of peace constable or any other officer or  any who come with they in their assistance for the preservation of the peace  be slay in execute their office it be murder b so if a watchman be kill in  stay nightwalker it be murder c they resolve also that if there be error in  award of process or in the mistake of one process for another and a officer be  slay in the execution thereof the offender shall not have the advantage of  such error no more than a sheriff who suffer a prisoner to escape shall take  advantage of any error thereby but the resist of a officer when he come to  make a arrest in the king name be murder d it be likewise resolve that the  arrest make in the night and also upon the Sunday e be good and last they all  hold that when a officer be slay as in the case abovementioned there needs not  a special indictment upon all the matter to be draw as in this case be do f  but a general indictment that such a party ex ill will svan precogitata  percussi c and although there be not proof make of any precedent malice yet  the indictment be good for the law presume malice judgement be therefore give  accord and Mackaley be execute but now by car c if any person shall serve or  execute any process except for treason felony or breach of the peace it shall  be void to all intent but by Ann c S a escape warrant may be execute on Sunday  see salk Mod Mod Mod barn a   a cro car Inst b   a c Inst   a sum d   a cro  car jenk Cen   latch roll sum ante more Bulst godb say cro Elizabeth hawk p c  e   a f see the record verbatim   to croak James er p croak throw trinity term  James in the king bench sir Thomas Fleming Knt chief justice sir Christopher  Yelverton Knt sir David William Knt sir John croak Knt justice sir Henry  Hobart Knt attorney general sir Francis Bacon Kilt solicitor general