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Sessions.
' such power. But if a place within the County be incorporated
by
' the King, and Justice be there appointed; yet the same remains still
' parcel of the County, and the Justices of the peace of the County may
' hold their Sessions there, but may not intermeddle with matters arising
' there, saving such as happen in their Sessions, or with relation thereunto;
' for the making such Corporation, and giving them such power,
' carries with it an exclusion of other COmmissioners to be appointed by
' the King, as to matters arising in such Corporation, so long as such
' Corporation execute their Authority duly and justly. But in case
' of any great miscarriage in, or default of, the execution of Justice
' there by such Incorporation, as their Liberties may be seised, and restored
' to the Crown by a Quo Warranto; so is there notwithstanding
' such Grant by construction of Law left in the King, a power to provide
' for the execution of Law and Justice there, and he may grant a concurrent
' Commission to worthy and able persons, who shall see Justice
' there done. And such power as it is honourable for the King, so
it is
' safe for the Subject. |
Chap. 185.
14 R. 2. 11. |
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' And although the place be not otherwise than as
aforesaid by any
' Statute Law determined, yet may the Common Law have some influence
' on such Authorities and delegated Powers, to confine them to what is
' reasonable and safe: and therefore could it be supposed that Justices
of
' peace would appoint their Sessions at a place known publickly, and to
' them too, to be infected with the Plague, or on the Confines of a
' County, or near some publick Dangers by Enemies or otherwise; and
' their so doing be accompanies with other circumstances of Wilfulness
' or worse; such Justices would for the same be punishable by Information
' and Fine in the Kings Bench. |
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§. 4.
Two places. |
' Mr. Lambert puts a case from Mr. Marrow,
that if two or more Justices
' appoint the Sessions to be holden in one Town, and so many more
' appoint a Sessions in another Town the same day, and holds they may
' be so held, and that the Presentments in both are good; but that Appearance
' at one is a discharge of Service at the other. But with his
' favour it may be well questioned whether they are not both void;
' for they make two Courts of that which ought to be entire and but
' one: for I do not find the Justices are required or enabled to
hold more
' than one Sessions at a time; and so their Authority being equal, and
' seeing no preference can be made by the priority of time, or nature
' of the Service, they may be taken to be both void. However certainly
' the Justices, by whose forwardness such Division happens, or
' on whom such miscarriage is chargeable, on consideration of their
circumstances
' of the matter, are punishable for the same by Information
' and Fine, or putting out of Commission, as the cause shall require. |
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| §. 5. |
' So also (which is another case put by Mr. Lambert)
if the Justices
' appoint a Sessions in one Town, and hold it then in another, without
' timely notice of their alteration of such appointment, it is punishable
' in them, for it tends to the hindrance of the service, and trouble and
' charge of the Subject. |
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' These Sessions may be, and are usually warned
by a Warrant under
' the Hands and Seals of two or more Justices of the peace, Quorum
' unus, which may be thus.
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§. 6.
Precept. |
' G. H. Mil. & R. C. Arm' duo Just' Dom'
Regis ad Pacem in Com' S.
' conservand' necnon ad divers. Felon' Transgr' & alia malefacta
in dicto |
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