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Justices of the Peace.
or other the King's Officers, for the arresting of the party, &c.
and when he is come before them, may take Recognizance of him for the
Peace. And if the party shall refuse to find such Surety, they may
commit
him to prison. And yet for the Master of the Rolls, it is held that
he maketh
Process and taketh Recognizance, not as incident to his Office, (as
all
the other may) but the Master of the Rolls his authority herein is said
to
be only by Prescription, that he hath used to make such Process, &c. |
Chap. 1. |
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" The Chamberlain of Chester is Judge of
the Court of Exchequer
" there, which hath the Jurisdiction of a Court of Chancery, and is by
virtue
" of this Office a Conservator of the Peace there, as was amongst
" other things certified by Sir James Dyer, and the Justices of
the Court of
" the Common Bench to Queen Eliz. |
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' But at this day these Conservators of the Peace
are held to be out of
' use; and that their Authority for the keeping of the Peace is now only
' by virtue of the King's Commission of the Peace, ordaining them to be
' Justices of Peace. Sir Fr. Bacon his Use of the Law,
pag. 12. |
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§ 4.
Judges. |
There be others who (by virtue of their Offices)
have the Conservation
of the Peace, but yet only within the precinct of their several Courts:
as namely, the Justices of the Court of Common Pleas, the Barons of
the Exchequer, and the Justices of Assize and Gaol delivery. And
any
person may pray and crave the Surety of the Peace before any of these in
their Courts: and if the party be present, or within the place or precinct
of their Court, or within their view, they may send the Warden of the
Fleet, or other Officers attending their Court, to bring the party before
them, and they amy take Surety of him; and if he shall refuse to find
such Surety, they may commit him to prison. See Sir F. Bacon,
pag. 12. |
Lamb. 13.
2 H. 7. 2.
Br. Peace
12. |
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Also the Justices of Assize, if the Peace happen
to be broken in their
presence and precinct of the Court, may command the Offender to the
Gaol or Prison. And if complaint be made to them that A. is
minded to
break the Peace, or else if they do perceive the same in their presence
they
may command the parties upon a certain Pain to keep the Peace, and
' that Weapons be taken from the Jurors or Witnesses that appear before
' them. But as they be meerly Justices of Assize, they may not award
any
Process or Warrant for the Peace, neither may they take Sureties of the
Peace. Lamb. 13. |
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| Stewards. |
Also the Steward of the Sheriffs Turn, the Steward
of a Leet, and the
Steward of a Court of Pipowder, every of these are Conservators of the
Peace within their several Courts; for every of them may commit him to
Ward that shall make an Affray into their presence whilst they be in Execution
of their Offices; for that these be Courts of Record: and so in all
other Courts of Record. But none of these may grant any Warrant for
the Peace. |
Lamb. 14
Br. Leet 36 |
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13 H. 4.12.
21 E. 4.21. |
And the Steward of the Sheriffs Turn, as also the
Steward of a Leet,
(during their Courts) may be Recognizance bind him to the Peace, that
shall make an Affray in their presence, fitting the Court, and may commit
him to Ward until he hath found Surety for the Peace; and may also take
the Examination of Felons, and commit them to the Gaol; and may also
take the Presentment of any Felony at the Common Law, committed
within their Precinct, or any other offence against the Peace, except the
Death of a man. See Br. Leet 1, 2, 14, 18, 22, 26. |
Crom 7.
Br. Leet 19.
F. N. B. 82. |
| Cro. 8.38. |
And so if any other Contempt or Disturbance to the
Court shall be
committed in any (of the said Courts, or in any other) Court of Record,
the Judge (or Steward) there may impose upon such Offenders a reasonable
Fine. See Br. Leet 14.36. |
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