| Chap. 6. |
Justices of the Peace.
two Justices of the Peace (or more, the one being of the Quorum)
in
these five things following: |
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1. To enquire (by a Jury) of all Offences
mentioned within the Commission. |
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2. To take and view all Indictments or Presentments
of the Jury. |
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3. To grant out Process against the Offenders,
thereby to cause them to
come and answer. |
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4. To hear and try all such Offences (upon
any former or future Indictmens
taken before themselves, or before any other Justices of the Peace)
after the Offenders be come in. |
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5. To determine thereof, by giving Judgment,
and inflicting Punishment
upon the Offenders according to the Laws and Statutes: ' to wit, by
' Fine, Imprisonment, or otherwise according to Law: But not to award
' any Recompence to the party wronged, otherwise than by perswasion. |
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But all the business included within the second
Assignavimus belongeth
to the Sessions of the Peace; and therefore I leave here to write any farther
thereof. |
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| §. 6. |
Note also, That there are divers Statutes
which be not specified within
the Commission, and yet are committed to the charge and care of the
Justices of Peace; but all such Statutes which do give expressly
any power
or authority to the Justices of the Peace, are to them a sufficient Warrant
and Commission of themselves, although they be not recited in the Commission;
and all such Statutes are also to be executed by them, according
as the same Statutes themselves do severally prescribe and set down. |
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And for that most of the business and practice of
the Justices of Peace
doth consist and lie in the Execution of such Statutes as are committed
to
their charge (whether they be specified in the Commission, or not specified
there) the numbers of which Statutes are exceedingly increased of late
years, to the over-burthening of all the Justices of Peace; and (the rather)
to give some little help to such Justices of Peace who (being destitute
of
the assistance of such as are learned in the Laws) are daily to administer
Justice, and to execute their Office at home, and out of their Sessions;
I
have, for their better case herein, endeavoured (in this Treatise) to set
down more orderly and particularly the several parts and branches of
every such Statute by it self, under their proper Titles, with farther
referments
to the Statutes themselves at large, or to the Abridgments.
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§. 1.
Their
Power. |
CHAP. VI.
THE Power and Authority of the Justices of Peace
(as well given
them by the said Commission as by the Statutes) is in some cases
Ministerial or Regular, and limited as a Minister only, and in some other
cases judicial or absolute, and as a Judge. |
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Ministerial, when he is thereunto commanded by an
higher Authority
A Supplicavit, out of the Chancery or Kings Bench, for the
taking of Surety for the Peace, or Good Behaviour. See
As upon hereof, tit. Surety for
the Peace.
A Writ upon the Statute of Northampton, upon a Forcible
Entry. See hereof tit. Forcible Entry. |
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In the Execution of which two Writs, the Justice
of Peace may proceed
no farther, or otherwise, than he is authorised by such Writ; and is also
to return the Writ, and to certifie his doings therein, into the Court
whence the Writ came. |
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