| 440 |
Warrants.
' do: and this was holden a good Justification without shewing
the cause
' the Justice of Peace had to imprison him, and without shewing the
' Warrant, because it was done in the presence of a Justice of Peace.
' Broughton id. Mulshoe, T. 37 El. |
Chap. 169. |
|
But the Justices of Peace cannot command by word
to arrest another
being out of their presence; neither may one in the absence of
the Justice arrest another upon command by Parol, but it must be
by a Precept or Warrant in writing, by the greater Opinion of the
Justices. |
14 H. 7. 8.
Br. Peace
7. |
|
And yet in case of Rioters, the Justice of peace
may by word command
his servants to arrest them, in the absence of the Justice; by the Opinions
of Fineux and Tremale Justices: see hereof antea,
tit. Riots. |
14 H. 7. 9,
10. |
§. 2.
By writing. |
Next their Warrant or Precept by writing ought to
be under their hand
and seal, or under their hand at least. See hic infra. |
|
| The Form. |
And if it be for the Peace or Good Behaviour, or
the like, where sureties
are to be found or required, there the Warrant ought to contain the
special cause and matter whereupon it is granted, to the intent that the
party (upon whom it is to be served) may provide his sureties ready,
and take them with him to the Justice of Peace to be bound for him:
but
if the Warrant be for Treason, Murther or Felony, or other capital Offence,
or for great Conspiracies, Rebellious Assemblies, or the like, it
needs not contain any special cause, but there the Warrant of the Justice
of peace may be, to bring the party before him, to make answer to such
things or matters generally as shall be objected against him on the Kings
Majesties behalf: and this is now the common usage, by the report
of
Mr. Crompton. |
Cromp. 1
148. |
|
And I once received a Warrant, brought me by one
Thomas Evans, (a
Pursivant or Messenger of his Majesties Chamber) under the hand of the
Right Honourable Tho. Lord Ellesmere, late Lord Chancellor
of England,
for the apprehending of one James Malin, for a matter of Contempt;
and the said Warrant was in general words, scil. to answer to such
matters as were objected against him, without any special cause therein
mentioned. |
An Dom.
1607. |
|
Also I saw another Warrant granted under the hand
of Popham Chief
Justice, to bring one Edmonds (of Barnwel by Cambr.)
before him to answer
to such matters as he had to object against him on the Kings Majesties
behalf, without any special cause or matter therein set down. |
3 Jac. |
|
The like form you shall find in the Book of Entries,
tit. Attachment:
Non omittas, &c. quim attach. E. H. &c. it a quod habeas
corpus ejus coram
Justic. nostris and Assissas in Com. tuo capiend assign, and W.
in Octab Sanct.
Mich. ad respond. nobis de his que sibi ex parte nostra tunc ibidem objicentur,
& ad faciendum ulterius & recipiend quod Curja nostra de eo consider.
in hac parte, &c. |
|
|
But it is not safe for a Justice of peace to grant
out his Warrant with
a blank: for about 30 Eliz. one wrote to Sir I. R. a
Justice of peace, to
send him a Precept or Warrant with a blank, that he might put therein
one whom he would attach upon suspition of Felony; and the Justice
of peace did so, (granting a Warrant with a blank, where he neither
knew the parties name nor the matter:) and for this the Justice
was fined in the Star-Chamber, as Mr. Crompton reporteth, Author
des
Courts 34. |
|
§. 3.
Sealed. |
Also the Warrant of the Justice of peace should
be under the Seal of
the said Justice: for every Justice of peace (being a Judge of Record)
hath at Seal of his Office; and when he maketh a Warrant under his |
|
|
 |
