ARREST.
Arrest, is derived as some think of the French* 1.1 word arrester to stay, or from the Greek word 〈 in non-Latin alphabet 〉〈 in non-Latin alphabet 〉, a Decree or Sentence of the Court.
Arrest is when one is taken and restrained from his Liberty by power or colour of a lawfull war∣rant. Arrest signifieth properly, a decree of a Court, be vertue of which a man is arrested, &c.
If a man be struck, and it is doubtfull whether he will die, a man may arrest him which struck him, untill it be known whether he will die or no.* 1.2
The person of a B••ron which is a Peer of the Parliament, shall not be arrested in Debt or Trespass for his body, for none o•• the Nobility* 1.3 which is Lord of the Parliament, and by the Law ought to betryed by his Peers, shall be arrested by is body.
The Law intends that they a••hst the King with their counsell for the Common-wealth, and keep the Realm in safety by their prowesse and valour. And they are intended to have sufficient in Lands whereby they may be distrained, this Priviledge ex∣tends also to women that are Countesses by birth or marriage, if those by marriage loose not that dignity by intermarriage with one under the de∣gree of Nobility. They shall not therefore be put* 1.4 in Juries, although it be the service of the Countrey.
An arrest in the night is lawfull, for the Offi∣cer ought to arrest a man when he can be found, for otherwise peradventure he shall never arrest him, quia qui male agit odit lucem, and if the Offi∣cer do not arrest him when he findeth him and may* 1.5 arrest him, the Plaintiff shall have an action upon the Case, and recover all his loss in dammages.