| 514 |
Sessions.
9. ' All Bailiffs of Hundreds and Liberties,
in respect they are bound
' to give an account of all Sessions Process. |
Chap. 185. |
|
10. ' All Coroners, &c. |
|
|
' That the Justices of peace are compellable to
appear at the Sessions
' of the peace is out of doubt; for without their appearance the Sessions
' cannot be holden. And in this case no one is more bound than
' another to attend, unless some great men, and Men of the Law, who
' are exempted by 12 R. 2. 10. & 2 H. 5. 4. and those
Statutes requiring
' the Sessions to be held. For default thereof all persons in
' Commission (unless exempted by the Statute) are equally punishable;
' and if two, three, or more, shall hold the Sessions, why the rest
should
' not appear to perform the duty, and to bear the burthen, or neglecting
should not be punished, there can be no reason given. And therefore,
' I conceive, 1. That such as do not appear are within the danger
' of 12 R. 2. 10. whereby for defaults by them in not holding
the Sessions,
' or not so long as is thereby appointed, they are to be punished by
' the Kings Council in their discretion; which whether it be the Kings
' Privy Council, or the Kings Learned Council, i.e. the Judges
of the
' Laws, or who else it be, 'tis not for me to determine; for that every
' one that is absent is guilty of not holding the Sessions. Or, 2.
Such
' Justice of peace may be indicted or informed against in the Kings
' Bench for such default, it being a neglect of his Office, and fined for
' the same; especially if those Omissions are frequent and usual.
Or,
' 3. There is great reason to put him out of the Commission of the
' peace for such neglect. Or, 4. I see no reason but the Justices
of
' peace in Sessions may proceed by Information or Indictment against
' such Defaulter, and proceed to Fine or Imprisonment: and the reason
' given by Mr. Lambert (lib. 4. p. 3. fol. 383.)
I think will not hold
' here; for what they do in Sessions they do as a Court, and not as
' particular persons; as was lately holden in the Case of Sir nicholas
' Stoughton in the Kings Bench, who being a Justice of peace
in Surrey,
' was required by the Court of Sessions there for to find Sureties
for the
' Good Behaviour, upon the complaint of one Gilham, for threatning
a
' Juror for presenting a matter there, and for not giving security
was
' committed: and this was resolved to be well done for the reason
aforesaid;
' which reason to my observation will also hold in case of any
' neglect or miscarriage against the Court of Sessions, even by a Justice
' of peace; or otherwise against any Law whereof they as a Court have
' cognizance. |
|
|
' The Jurors not appearing according to their Summons
are punishable
by loss of Issues, which usually make part of the Estreats
' of sessions. As also the Constables by Fine to be set on them. |
|
|
' The Justices being met to hold the Sessions, the
usual course is
' with three Oyes to proclaim the Sessions, and then read the Commission
' of the peace; which done, to call the Constables, and out
' of them to make one or more Juries for Grand Juries, or Juries of
' Presentment; who being sworn, the charge is given them to call
' the Recognizances, especially such as are to prosecute and give Evidence,
' that so Bills may be drawn and prepared. To which purpose
' an able Clerk is requisite, that so Labour, Time and Charge
' may not be spent in vain; which Bills being already, the parties
' bound over for that purpose are sworn to give Evidence upon the
' Bills: and the course is to bid the Evidence go with the Jury,
where |
|
|
 |
