| Chap. 115. |
Hear and determine out of their Sessions.
Townsmen or Strangers tipling in Alehouses, &c.
contrary to the Statute,
4 Jac. c. 5. Ibid. |
261 |
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Persons not repairing every Sunday to Church, they
may be convicted
upon the Oath of one Witness. Vide antea tit. Recusants. |
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Profane Swearers or Cursers. Hic antea
tit. Swearing. |
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Transporters of Corn, &c. Vide antea
tit. Transportation. |
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Trespassers in Corn, Orchards or Woods, &c.
they also may be convicted
upon the Oath of one Witness. Vide antea tit. Trespass. |
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And yet here, and in all cases of conviction upon
the Oath of Witnesses,
the offender himself must also be heard to speak, and be examined by the
Justice of Peace, &c. or else it is no lawful conviction. See
hic cap. 6, & 7.
& hic infr. |
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4. Where one Justice of Peace may punish Offenders
as convict upon
examination generally, the Statutes not shewing what persons shall be examined;
in which cases it seemeth the Justice of Peace may thereupon
examine as well the Offenders themselves as other Witnesses. |
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The defaults of the Collectors of the Sheriffs Amerciaments;
as also
of Bailiffs of Hundreds. Vide antea tit. Sheriffs. |
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Offences in Tile-making. Vide antea tit.
Tile. |
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Offences in Watermen. Vide antea tit. Watermen. |
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5. Where one Justice of Peace may punish Offenders
upon accusation
or proof, generally; which accusation or proof must be by examination
of Witnesses only (as it seemeth) and yet the party delinquent is (here
also)
to be first heard, before he be convicted or condemned; ut supra. |
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Offenders in keeping or using Guns or Cross-bows,
&c. contrary to the
Statute. Vide antea tit. Guns. |
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Disturbers of Preachers. Vide antea tit.
Preachers. |
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Soldiers that purloined their Horse or Harneys.
Vide antea titulo Soldiers. |
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Plo. 12. 2. |
Note, That in these former cases, and in all other
cases where the Justice
of Peace is to take such examination of Witnesses, or such other accusation
or proof aforesaid, though the Statute doth not expresly set down that
it
shall be upon oath, yet it seemeth fit that the Justice doth it upon oath;
for Mr. Brook (sometimes Chief Justice of the Common Pleas) was
of
opinion, that every examination ought to be upon oath; and Mr. Lamb.
517 was also of opinion, that these examinations taken by the Justices
of
Peace ought always to be upon oath, the rather, because the Trial in these
cases dependeth wholly upon these examinations; yea, in all other cases
wheresoever any man is authorized to examine Witnesses, such authority
to examine shall be taken and construed to be in such manner as the Law
will, which is only by oath. Vide postea tit. Examination. |
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Deut. 17.6
& 19.15 |
Also where the matter is to be tried by Witnesses
only, it is fit there be
two Witnesses at the least (except where the Statute doth expresly
allow
the oath and testimony of one Witness.) And so was the opinion of
Mr. Brook, that in such case there ought to be two Witnesses at
the least;
and agreeable thereto also is the Book and Word of God, Matth. 18.
16.
2 Cor. 13. Ps. 12.a. Otherwise it is where the
Trial is by a Jury of twelve
Men, there one Witness sufficeth, yea, there many times Witnesses are not
necessary. See 1 Plo. 12. a. |
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Where two Justices of Peace (out of their Sessions
for the Peace) may
punish Offender as convict before them, upon the confession of the Offender,
or upon examination of Witnesses, or upon their own view. |
§. 4.
Where two
Justices
may hear |
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Clothiers refusing to pay the wages assessed, &c.
See antea tit. Cloth. |
and determine
out of
Sessions |
