| 20
§. 3.
4 Instit.
P. 171. |
Justices of the Peace.
' The Commission of the Peace was, when Justice Fitzherbert and
some
' others wrote, incumbred and burdened with may Statutes, some whereof
' were repealed, and some out, whereas there were none such and stuft
' with many vain Repetitions, and many Corruptions crept therein by the
' mistaking of Clerks: for amendment and correction of which, See
' Christopher May chief Justice of England assembled all
the judges of
' England M. 32 & 33 Eliz. and upon perusal of the former
Commission
' of the Peace, and often Conference within themselves resolved upon a
' Reformation of the former, with divers additions and alterations as it
' standeth at this day both in matter and method. |
Chap. 5.
Correction
of the
Com. |
| §. 4. |
This Commission hath two Parts, containing the Power
of the Justices
of Peace. |
|
|
The first Assignavimus (or first part) of
the Commission doth give power
to any one Justice of the Peace (more or all to keep, and cause to
be kept
the Peace, and and all Ordinances and Statutes made for the Conservation
of
the Peace, and for the quiet Government of the people: As namely
the
Statutes made for Hue and Cry after Felons; and the Statutes made against
Murtherers, Robbers, Felons, Night-walkers, and Affrayers, Armor worn
in terrorem, Riots, Forcible Entries, and all other force and violence;
all
which be directly against the Peace. The particulars whereof you
shall
find more truly hereafter, and most of them under their proper Titles. |
Sta H 1
13 H 1.
2 E. 3.6.
2 E. 3.3. |
|
By this first Clause in the Commission, the Justices
of Peace have as well
all the ancient power touching the Peace with the Conservators of the
Peace had by the Common-Law, as also that whole Authority which the
Statutes have since added thereto. |
Lamb 49. |
|
The means which the Justices of Peace must use for
the keeping of the
Peace, and for the Execution of these Statutes, are as followeth. |
|
|
For to prevent the breach of the Peace, the Justice
of the Peace may send
his Warrant for the party, and may take sufficient Sureties of him (by
Recognizance)
for keeping the Peace, or for the Good Behaviour, (as the
case shall require:) and may send the party to the Gaol for not finding
such Sureties. |
|
|
But for these Statutes made for the Peace, they
are to be executed according
to such prescript and order as themselves do deliver; wherein if
no power at all be expressly given to any one Justice of Peace alone, then
can he not otherwise compel the observation thereof (as it seemeth) than
by Admonition only: In which behalf if he shall not be obeyed, he
may
prefer the Cause at the Sessions, and work it to a Presentment upon the
Statute, and so (by the help of his fellow Justices) to hear and
determine
thereof as Law requireth. |
Lamb. 47. |
|
And here note, That whereas before the making of
the Statute 1 Ed. 3.
cap. 11. there were no Justices of Peace within this Realm (but
only
Conservators of the Peace, as is before shewed:) and whereas by the
Commission of the Peace, presently after, and to this day, the Justices
of
Peace had and still have, the Statute of Winchester given them in
charge
to execute the same; which Statute of Winchester (being made 13
E. 1.)
was long before there were any Justices of Peace. By this it may
appear,
that the King by his Commission, may commit the execution of the Statutes
and Laws to whom he shall please. And so also a Justice of Peace,
by virtue
of the Commission, may execute any Statute whereunto he shall be
enabled by the said Commission, although there shall be no such express
power given to him so to do by the words or letter of the same Statute. |
|
| §. 5. |
The second Assignaviumus in the Commission
doth give Authority to any |
|
|
 |
