| Chap. 185. |
Sessions.
Sessions. CHAP. CLXXXV.
' THE Sessions of the peace are a Court of Record
holden before
' two or more Justices of the peace, whereof one is of the Quorum,
' for execution of the Authority given them by Commission of the peace,
' and certain Statutes and Acts of Parliament. |
511
§. 1.
Description. |
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2. ' The Sessions of the peace were anciently
uncertain and undetermined
' as to the times, for that so few persons being in COmmission, as
' 4 or 6, and those for the most part Men of Law, they though it burthensom
' to attend; and therefore 36 E. 3. 12. a Law was made, that
' in the COmmission of the peace express mention should be made, that the
' said Justices make their Sessions four times in the year, viz. one
Sessions
' within one week after the Epiphany; the second within the second week
' of Lent, the third between the Feasts of Pentecost and St. John Baptist;
' the fourth within eight days of St. Michael. But that course
proving inconvenient,
' by the Statute of 12 R. 2. c. 10. |
§. 2.
Time. |
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3. ' The Justices shall hold their Sessions
in every Quarter of the year
' at least, and that by 3 days at the least, upon pain to be punished by
' the discretion of the Kings Council. And because those times were
uncertain,
' it is ordained. |
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4. ' By the Statute of 2 H. 5. 4. the
Justices of peace shall make their
' Sessions four times in the year, viz. in the first week after
the Feast of
' St. Michael, the first week after the Epiphany, the first
week after the
' close of Easter, and the first week after the Translation of St.
Thomas
' the Martyr; and more often if need be. And because the penalty
and
' danger of every Justice in Commission for not appearing there was by
' the said Statute of 12 R. 2. c. 10. to be punished at the
discretion of the
' Kings Council, the Justices of the one Bench and the other, and Serjeants,
' were exempted herefrom by the said Statute, as also by the said
' Statute of 2 H. 5. 4. |
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5. ' But in as much as the Kings COurt sitting
in the Term time did
' frequently call before them the Inhabitants of the County of Middlesex,
' and thereby most of the business in that County was dispatched, and
' yet the Justices of peace were compelled to hold their Sessions four
times
' in the year, to avoid penalties of former Statutes. By the Statute
of 14
' H. 6. c. 4. it is provided that the Justices of peace in
Middlesex be discharged
' of these Penalties, provided they hold their Sessions twice a
' year, and oftner if need be, for Forcible Entries or Riots. But
it
' seemeth the Justices of peace may yet hold their Sessions four times
in
' the year if they see cause, as formerly they might have done: and
if
' they do hold them but twice a year, yet those times they hold them
' at, must be some of the times as were judged most convenient for the
ease of
' the Subject. |
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' See more touching the times of these Sessions
before, ca. 4. sect. 4. |
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' As to the place, there is no determination thereof
by any Statute
' Law: but certain it is, they must be holden in some place within
the
' County for which they are holden, for that the Justices of peace their
' Authority is so circumscribed. And therefore if the King shall
make
' a place within a County of it self, and give them all priviledges of
Jurisdiction,
' it will not be safe for the Justices of the ancient County to
' hold their Sessions there, unless the King by his Letters Patents reserve |
§. 3.
Place. |
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