| Chap. 173.
Co. 11. 82.
21 H. 7. 39. |
Advice to Justices.
Every Man may assemble his Friends and Neighbours
to defend his
person, &c. (being in his house) against violence, &c. but not
to go
abroad with him to a Fair or Market, &c. Vide antea, tit.
Forcible
Entry.
|
455 |
|
Certain Advices to the Justices of Peace.
CHAP. CLXXIII. V. 120.
' THis being such a Form of Subordinate Government
for the tranquility
' and quiet of the Realm, as no part of the Christian World
' hath the like, as saith my Lord Coke, 4 Inst. 170. if the
same be duly
' executed; much of the happiness and tranquility of this Nation depends
' on our Justices of the peace well and faithful discharge of their
' duty, and their due or ill Administration of the Authority given
' them, must needs add to the Reputation of our Government, or the
' Defamation thereof, especially since their Authority is so much enlarged
' by several Statutes: It will concern them therefore for their
' direction and security, to persue the Statute of 4 H. 7. 12. where
they
' may find their Duty to give just relief, and the danger of neglect.
And therefore I thought it not amiss here shortly to admonish the Justices
of peace again of some few things mentioned before, for their better
memory. |
|
|
1. First, That they exercise not the Office
of a Justice of peace before
they have taken the Oath of their Office, and the Oath of Supremacy.
Vide antea, cap. 4. |
|
Crom. f. 68.
Lit. 212.
Co. L. 141. |
2. That they execute not this their Office
in their own case, but cause
the Offenders to be convened or carried before some other Justice, or desire
the aid of some other Justice being present; quia iniquum est aliquen
suæ rei esse judicem. Coke 8. 118. And some late
Statutes have taken special
care to prevent this, as you may see hic tit. Trespass, &c. |
|
9 H. 6. 21.
11 H. 6. 49. |
Besides, idem non potest esse agens & patiens,
14 H. 8. 13. And when a
Man is a party, he cannot be a Judge indifferent, 8 H. 6. 19.
Auxy ad estresovent
view, que Justice de Peace que ad execute ceo Office en son Case
demesne,
ad estre puny pur ceo in Camera Stellata. Cromp. 68. |
|
|
3. That they be careful for the Execution
of the Statute of Riots.
Vide antea, tit. Riots. |
|
Moors
Rep. p.
628. |
' And that neither in the case of Riots, or any
part of their Office besides,
' they meddle (if they can avoid it) where any Relation is concerned,
' for it brings a Suspition upon their Proceedings, but if they
' must needs meddle (as it is not always in their choice, that they
carry
' themselves uprightly herein: For one Caren (a Justice of
Peace of Devon)
' was censured, he going to view a Riot, and the Rioters being
' escaped before his coming, he refused to go to the place where they
were,
' although but a little way off; and the Peace being required against them,
' he took Recognizances to keep the peace against others that demanded
' it not, and granted Supersedeas, and procured the peace to be
released
' the next day. And all this in favour of his Brother. |
|
|
If upon their inquiry of a Riot the truth cannot
be found, by reason
of any maintenance, &c. that they certifie the same within one month.
Ibid. |
|
| |
4. That upon Forcible Entry they make no Restitution
without Enquiry.
Vide antea, tit. Forcible Entry. |
|
R r 2
|
 |
