| Chap. 3. |
Justices of Peace.
Ad Pacem conservandum, &c. or, Ad inquirendum tantum,
this is a good
Grant: But if the Grant be made, Ad audiendum & terminandum,
this is
a void Grant, (ut dicetur) unless some one learned in the Laws
of this
Realm be also joyned with the other in the Commission; and then such
a
Commission made Ad audiendum & terminandum is good in Law.
For in all
cases where the Commission or Grant is Ad audiendum & terminandum,
it is meet that some, or one of them at the least, should be learned
in the
Laws of this Realm. See the Statutes 18 E. 3. cap.
2. & 13 R. 2. cap. 7. & 17
R. 2. cap. 10. |
11 |
§. 7.
18 H. 6.
cap. 11.
Rast. 184.
d. |
3. The third sort of Justices of Peace by
Commission (made of
common course under the Great Seal of England:) and these are appointed
by the discretion of the Lord Chancellor, or Lord Keeper of the
Great Seal. And yet the Justices of Peace within the County Palatine
of
Lancaster are to be made by Commission under the Seal of the same
Duchy, by the Statute 27 H. 8 cap. 24. |
By Commissions. |
| §. 8. |
But these Commissioners of the Peace their Authority
doth determine
by divers means, yet more usually by three means. |
How they
determine. |
|
First, by the Death of the King, or by his Resignation
of his Crown:
For by the Commission he maketh them Justiciarios nostros, so that
he being
once dead, or having given over his Crown, they are no more his Justices,
and the Justices of the next Prince they cannot be, unless it shall please
him afterwards so to make them. Lamb. 71. Dyer 165a. |
|
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" After the death of of a King of England his
Successor by Proclamation
" signifies, that all in Judicial places, as Justices of Peace, &c.
shall continue
" and exercise their Offices, yet it is not safe for them to act without
a
" new Commission, as was done 1 Ca. primi touching the Justices
at Westminster.
" Cro. 1. cap. 1. |
|
|
2. At the King's pleasure, and that in two
sorts. |
|
§. 9.
E. 4.32.
Br. Coron.
18.
12 Ass. 21.
Br. Com.
13. |
1. Either by the King's pleasure express,
(as the King in express words
may discharge them by his Writ under the Great Seal) or by Supersedeas:
but the Supersedeas doth but suspend their Authority, which
may be revived
by a Procendo. |
|
|
2. Or by Implication; (as by making other
Commissioners of the same
kind, and within the same limits, leaving out the ancient Commissioners
names.) 10 E. 4.7. & 3 Mar. 1. |
Br. Com.
20.14. |
|
But here the ancient Commissioners must have knowledge
of such new
Commission: for this determination of the old Commission groweth not
immediately by making the new Commission, but either by giving special
notice of the new Commission unto the old Commissioners; or else by
and after the reading (or proclaiming) of the new Commission at the Assizes,
Sessions of the Peace, or at the full County; or else by holding of
some open Sessions by virtue of the new Commission,) in which two last
cases the old Commissioners must take notice of the New Commission:)
And in all these cases, if the ancient Commissioners do sit by virtue of
their ancient Commission, and after such notice or publishing of the new
Commission, all, whatsoever such ancient Commissioners shall so do, is
void:
And contrariwise, until such notice or publishing of the new Commission,
whatsoever mean acts such ancient Commissioners shall do, by virtue of
their ancient Commission, are good in Law. See 34 Ass.
8.B.cap.14. |
Br. Com.
26.18.
Mores Rep.
p. 187. |
|
Also in all places where any ancient Commission
of the Peace is determined
by a new yet no Process or Suit depending before the old Commissioners
shall be discontinued thereby; neither shall say any other thing done
by the Justices of Peace by force of their ancient Commission be made or
become void thereby. |
11 H. 6. 6.
P. Disc. 6. |
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