| 1468.047 |
1468 |
Common Pleas |
False imprisonment |
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Nele, Richard Sjt (for P?)
Moyle, Walter JCP Moile
Choke, Richard JCP
Nedeham, John JCP |
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Fitzherbert Faux emprisonment 3
Brooke Faux imprisonment 23, Monstrans 117 (not in margin, not fol. 16) |
Later proceedings 1468.057 = Mich. 8 Edw. 4, pl. 24, fol. 17b-18a
21 Hen. 7, fol. 24 & 38 & 23
14 Hen. 7, fol. 9 (twice)
16 Hen. 7, fol. 14
21 Hen. 6, fol. 6
43 Edw. 3, Lib. Ass. pl. 29
9 Edw. 4, fol. 2
22 Hen. 6, fol. 47
14 Hen. 8, fol. 18
21 Hen. 7, fol. 23 |
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| En Faux imprisonment le defendant justifia l' enprisonment del plaintiff pur le iiii. part d' un hower, pur ceo |
14 |
Defendant pleaded (justified) that plaintiff was imprisoned for one-fourth (one quarter) of an hour, because a Capias was sent to a sheriff to arrest plaintiff, which sheriff commanded defendant to arrest plaintiff, by force of which defendant took (prist) plaintiff.
Plaintiff replied that defendant had not shown that the sheriff made a precept to him nor that the sheriff had shown the precept to him.
Moyle JCP argued that plaintiff's reply was good.
Choke JCP and Nedeham JCP argued that defendant's plea was good. |
Moyle JCP: Si le Viscont veigne pur arrester un home, il en besoigne de monstrer son Capias, mes si le party demanda de luy quel garrant il ad de luy arrester, donques il covient de monstrer
Choke JCP: Si un Viscont ou bailiff errant, que est jurus (= sworn) & conus (= known), si tiels officers veignant pur arrester un home, ils ne besoigne de monstrer lour garrant, coment que le party le demanda, car ils sont officers de recorde & conus, &c. & le party doit prendre notice a son peril s' ils ont garrante ou nemy: Mes si le Viscont commanda un auter pur arrester le defendant, la il covient de monstrer son garrant, ou auterment le defendant poit faire rescous, car il n' est pas conus pur bailiff, &c.
Nedeham JCP: Si un Capias vient al Viscont pur prender un home, & il moy commanda de luy arrester, jeo ne puis justifie per cel commandment, sinon que il fait precept a moy, &c; Mes si Vicont meme luy arrester, & jeo veigne en aide de luy, jeo puis justifier cel assistence bien, sans precept, &c. car cest l' arrest del Viscont meme, &c. |
Moyle JCP argued for a strong position of liberty of the subject, that a sheriff must show his arrest warrant if the arrestee asks him for it; Choke JCP said and Nedeham agreed that the sheriff or bailiff never needed to show their arrest warrant to the arrestee, as long as they were known as officers, but the sheriff or bailiff would need to show a precept to another if he or they commanded the other to arrest the defendant
Moyle JCP: if the sheriff comes to arrest one (defendant), he (the sheriff) does not need to show his Capias, but if the party (defendant) asked him (the sheriff) what warrant he (the sheriff) had to arrest him (defendant), then he (the sheriff) ought to show it (the arrest warrant)
Choke JCP: if a sheriff or bailiff-errant (the sheriff's itinerant or traveling bailiff), who is sworn (jurus) and known (conus), if such officers come to arrest one (defendant), they (sheriff or bailiff) need not show their warrant, even if the party (defendant) asks them for it, because they (sheriff and bailiff) are officers of record and known (conus), etc. and the party (defendant) ought to take notice at his peril, whether they (sheriff or bailiff) have a warrant or not; but if the sheriff commands another to arrest the defendant, there he (sheriff) ought to show his warrant, or otherwise the defendant can make a rescue (escape), because he is not known as bailiff, etc.
Nedeham JCP: if a Capias comes to the sheriff to arrest one, and he (the sheriff) commands me to arrest him (defendant), I cannot justify (in False imprisonment) by his (the sheriff's command) unless he makes a precept to me; but if a sheriff himself arrest him (defendant), and I come in aid of him (the sheriff), I can justify this assistance well, without precept, because this is the arrest of (by) the sheriff himself, etc. |
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1468.047 = Mich. 8 Edw. 4, pl. 14, fol. 14a |
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Falsehood
Imprisonment
Justification
Fourth Part
One Fourth
Quarter Hour
Hour (hower)
Capias
Sending (maunda)
Sheriff
Arrest
Command
Force
Arrest (prist)
Showing
Precept
Making Precept
Need (besoigne)
Party
Demand
Asking (demanda)
Warrant
Arrest Warrant
Bailiff
Bailiff-Errant
Errant
Itinerant
Traveling (errant)
Swearing (jurus)
Sworn
Knowledge (conus)
Known
Officer
Record
Of Record
Officer Of Record
Notice
Taking Notice
Peril
At His Peril
Otherwise
Rescue
Making Rescue
Taking (prender)
Aid
In Aid
Assistance
Good Justification
Without Precept
Postea
Folio |
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