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Justices of the Peace.
but only where both the Law permitteth, and the Present case requireth. |
Chap. 6. |
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In all cases therefore where the Statutes do refer
the Trial of Offenders
(or hearing, and determining of Offences) to the discretion of the Justice
or Justices of Peace, out of Sessions, it is very requisite, that upon
such
Trial or hearing, the said Justices take due examination (of the Offenders
themselves, and also of credible Witnesses) as well concerning the Fact
it
self as the Circumstances thereof; and upon Confession, or other due
Proof of the Offence, then to proceed according to the Law and Justice. |
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' But not to denounce or give Sentence before the
party be cited, and
' heard to answer for himself: For this Defence is allowed by Gods
Law.
' Gen. 3.9 Adam, Where are thou? and Gen. 4.9. where
is thy brother Abel?
' And in the case of the five Cities, I will go down and see, Gen.
18.21. |
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Note, that in all Cases where the Statute referreth
the Trial, &c. to the
discretion of the Justices, the said Statutes themselves seem also to enable
the said Justices of Peace to take the Examination of Witnesses, and that
upon an Oath, vide tit. hear and determine. |
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Note farther, That the Justices of Peace, out of
their Sessions, are now
armed with far more ample Authority and Power than the ancient Conservators
of the Peace were: For the Justices of Peace have double Power
given them; the one of Jurisdiction, to convene the Offenders before
them (by their Warrant,) and in divers cases out of their Sessions) to
examine, hear and determine the Cause; the other of Coercion (sc.
after
the Cause heard) to constrain them to the obedience and observance of
their Order and Decree (which notwithstanding must be according to the
Rules of Law and Justice, as is aforesaid:) whereas the ancient Conservators
of the Peace had no Jurisdiction or Authority at all, either to convene
the Offender before them, or to examine, hear or determine the Cause;
but had only Coercion, Prehension, (or punishment of an Offender) in
some few cases, as you may see before, chap. 1. |
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§. 7.
Plo. 37.
Lam. 48.
18.
Cromp. 8.
& 181. |
And here I must farther put
the Justices of Peace in mind, that their Authority
and Power is limited, to be by them exercised only within the
County or Counties where they be in Commission; and yet in that or
those County or Counties the Justices of Peace of the County must not
intermeddle in any City there which is a County of it self, nor in any
City or Corporate Town there (though it be no County of it self, but
within the County which have their proper Justices of Peace within
themselves be the Kings Charter or Commission, especially if in such
Charter there be any special words of Prohibition, that the Justices of
the Shire non se intromittant, &c.) except such Country Justice
shall also
be in Commission in such City or Town Corporate. |
Have no
authority
out of their
County,
nor in corporations. |
20 H. 7.6.7
Crom. ib. |
But in other Corporate Towns which have not their
proper Justices of
Peace, as also in all Liberties and Franchises (within the County) which
have the return of the Writs, but have not their proper Justices, there
the
Justices of the Peace of the County ought to execute their Authority,
and that by the words of their Commission. |
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See hic. tit.
Poor. |
Again, if a Parish shall extend into two or more
Counties, or if part
thereof shall lie within the Liberties of any City or Town Corporate
(which have their proper Justices) and Part without; then as well the
Justices of the Peace of every County, as also the Justices (or Officers)
of
such City or Town Corporate, shall intermeddle only within their own
proper and distinct limits and bounds, (sc. within so much of the
said
Parish, &c. as lieth within their several liberties and limits) and
not invade
or deal in other Jurisdictions: for it shall be against Law and Reason, |
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