| 22 |
Justices of the Peace.
' So upon a Certiorari out of any of the Higher Courts at Westminster.
' directed to the Justices of Peace (or to any of them) to certifie any
' Recognizance, Indictment, or other Record taken before him, or them
' or any of them; or in his or their hands, Of which see more, Postea. |
Chap. 6. |
| § 2. |
But in all other cases within their Authority the
power of the Justices of
Peace seemeth to be absolute, (in some manner) so as they, and every of
them, may of their own power proceed ex Officio, and as a Judge:
yet in
this also their power is limited; for they may neither hang a man for a
Trespass, nor fine him for a Felony, but must proceed in all things according
as they are prescribed by the Commission, and by the said several Statutes. |
|
| Discretion. |
And yet for all that considerable circumstances
can neither be comprehended
in the Commission, nor foreseen at the time of the making of the
Statutes, therefore oftentimes some things are referred to the consideration
of the Justices of Peace, and left to be supplied by them in their Discretion. |
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The Commission of the Peace (in it self) doth leave
little or nothing to
the Discretion of the Justices of Peace, but doth limit them to Proceed
secundem Leges, Consuetudines, Ordinationes & Statuta: And
indeed to
leave too much to Discretion, were to open a gap to corruption. |
|
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But by some late Statutes some things are (therein
by special words)
referred to the Discretion of the Justices of Peace; some out of Sessions,
and some at their Sessions. |
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I will here only set down some particulars of such
things as are referred
to their Discretions out of their Sessions.
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| §. 3. |
Some things referred to the discretion of one Justice of Peace out
of the
Sessions, which you may more fully see hereafter in
this Book; in the several
Titles here under written.
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1 Jac. 29.
5 El. 4. |
FLesh killed in Lent, one Justice of Peace may give
to the Poor at his
discretion. But this Statute is expired. |
Fish days. |
|
One Justice may compel any person meet (in his discretion)
to be
bound an Apprentice. |
|
| 5 El. 4. |
One Justice of Peace may cause all such persons
as be meet to labour,
(by his discretion) to work in Harvest and Hay-time. |
Labourers. |
| 2 E. 6.10. |
Malts that be deceitful may
be sold, &c. at such resonable process as one
Justice of Peace (in his discretion) shall think expedient. |
Malt. |
| 1 Jac. 31. |
One Justice of Peace (as seemeth) may (by his discretion)
give directions
to the Searchers, Watchmen, and Keepers, &c. of persons infected
with the Plaque. Vide Cromp. 122. b. |
Plague. |
| 43 El. 7. |
Trespassers in Corn, Orchards, Hedges, or Woods,
which (in the discretion
of the Justices) are not thought able to give satisfaction, shall be whipped. |
Trespass. |
| 17 E. 4.4. |
It seems that one Justice of Peace may hear and
determine by examination,
or otherwise, by his discretion, the Offences committed in Tile-making.
|
Tiles. |
| §. 4. |
Some things referred to the discretion of two Justices of Peace
out of the
Sessions.
|
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| 5 E. 6.25. |
TWo Justices may allow and
discharge Ale-house keepers, as they
shall think meet. But they ought to allow none but such as be capable
and needful for the place. |
Ale-house. |
