| Chap. 173. |
Advice to Justices.
6. Recusants. First, Popish Recusants,
(especially such as have been
reconciled to the Pope, or drawn to the Popish Religion since the Gunpowder
Treason, for these are by His Majesty accounted most dangerous)
that these be certified into the Kings Bench, and farther to be dealt
withal (by the Justices of peace) according to the several Statutes
in
that behalf made. |
457 |
|
Also negligent Recusants, which shall not resort
every Sunday to
Church, that such be punished according to the Statute. For the
first
and best means to being Men to God is to bring them to Church. |
|
|
7. Rogues and Vagabonds are to be duly punished. |
|
|
8. Houses of Correction to be maintained. |
|
|
9. Watch to be duly kept. |
|
|
10. Weights and Measures, the Abuses therein
to be reformed. |
|
|
Farther, the Justices of Peace are to be careful
that they suffer not the
King to be disadvantaged, where it lieth lawfully in their power to
prevent
it. Vide Lamb 521. |
|
|
Also that they remember, how that they exercise
not the Judgments of
Men only, but of God himself, (whose power they do participate, and
who is always present with them) and therefore must take heed that
in all
their Actions they set God continually before their Eyes. |
|
|
But forasmuch as most of the business of the Justices
of peace (out of
Sessions) consisteth in the Execution of divers Statutes committed
to their
charge, which Statutes cannot be sufficiently abridged, but that they
will come short of the substance and body thereof; therefore it shall
be safest for the Justice of peace not to rely over much upon these
short
Collections thereof, but to have an eye to the Abridgment of Statutes,
or rather to the Book of Statutes at large, and thereby to take their
farther
and better Directions for their whole Proceedings: For (as Sir
Ed.
Coke observeth) Abridgments are of good and necessary use to
serve as
Tables, but not to ground any Opinion, much less to proceed judicially
upon them. Ideo (saith he) tutius est petere fontes
quam sectari rivulos,
Coke 10. 117. b. |
|
7 Jac. c. 5.
21 Jac. 12.
3 Car. c. 1. |
And lastly, for the better encouragement of Justices
of peace, Constables,
and other Officers, (and of all others which in their aid, or assistance,
or by their commandment, shall do any thing touching his or
their Office) who (by causless Suits commenced by contentious Persons
against them for executing their Offices) have lately been discouraged
from doing their Offices (with that courage, care and diligence which
is required at their hands) now for their ease in pleading, they are
by
the Statute 7 & 21 Jacobi allowed to plead the general issue
of Not
guilty, and give the special matter in Evidence, and for their wrongful
vexation double Costs. And for all Actions, &c. to be brought
against
any Justice of peace or other Officer, (or other Person which in their
aid,
&c. shall do any thing concerning their Office) the said Action,
&c. shall
be laid within the County where the Fact shall be done, and not elsewhere,
&c. 21 Jac. Reg. cap. 12. |
|
|
Et nota, quiequid Justic. fecerit de Recordo
ignoranter, & pro defectu
scientiæ, non erit pro ro pnitus: Nec pro re per ipsum
facta judicialiter,
2 R. 3. dol. 10. Mes les Justices d' Assise
poient oyer & punier les defaults de
Justices de Peace, sc. lour contempts, omissions, negligences, favours,
affections,
corruptions, & auters defaults quæcunque. |
|
R r 3
|
 |
