| Chap. 193.
Lamb. 317
501. |
Process.
Also in other cases, and by some other Statutes,
this Authority of making
out Process (against Offenders) by the Justices of peace out of their
Sessions seemeth to be implied of congruence, or rather of necessity:
as
where any Statute doth give Power or Authority to the Justices or Justice
of peace out of their Sessions to inquire, hear and determine, (as
hic. tit. Riots, tit. Transportation, tit. Tyle, & tit. Weights;)
in these and
in all other such cases, where the Justices may inquire, hear and determine
there, after Indictment or Presentment of the Offence, the said Justices
may make out Process against such Offenders, to cause the Offenders
to come and answer; for unless the Offenders do come in, either gratis
or by Process, the Justices cannot proceed to hear and determine.
Again, in the former cases of Transportation, Tyle and Weights, as
also
in all other cases where any Statute doth give power to the Justices
of
peace out of their Sessions to hear and determine, either upon the
Confession
of the Offenders, or upon Examination of the Witnesses, (whereof
see antea tit. Hear and Determine, &c. See 5 E.
6. 14, against Forestallers;)
in all such cases it seemeth the Justices of peace may grant out
their Process or Warrant against such Offenders, to appear before them,
to answer to their said Offences: and thereupon may proceed to examine,
hear and determine the Offence, as being convict thereof upon such
Confession or Examination, without any Indictment or Process. |
529 |
|
The difference between Process and the Precept or
Warrant of the
Justices of peace seems to be this: |
|
|
The Precept or Warrant of the Justice is only to
attach and convene
the party before any Indictment or Conviction, and may be made either
in the Name of the King or of the Justice, as is before shewed. |
|
|
Process is always in the Name of the King, and usually
after an Indictment
found, or after other Conviction.
|
|
27 El. 12. |
Now these Processes seem to be as followeth.
' THE Justices of peace for the Offences mentioned
in 27 El. 12. for
Sheriffs, &c. not taking the Oaths upon Conviction, may award
' Execution for the Forfeitures by Fi. fa. Attachment, Capias,
or Extent. |
|
4 & 5 P.
& M. c. 3. |
' Process upon 4 & 5 P. & M. 3. touching
Souldiers, &c. shall be as
' upon Indictments of Trespass at Common Law. |
|
| 1 E. 6. 1. |
' The Justices of peace before whom any person
shall be indicted for
' depraving or speaking irreverently of the Sacrament, contrary to 1 E.
' 6. 1. may award two Capias and an Exigent, as well into the
County
' where the party is indicted, as into any other County. |
|
|
First, if the Offender be absent, a Venire fac.
shall be awarded by the
Justice or Justices of peace under his or their own Teste.
And if thereupon
the Offender be returned sufficient, (and maketh a Default) then
Distringas is awarded, which Distringas shall go forth infinite
till the Offender
come in. But if a Nihil habet, &c. be at the first returned,
then
after the Venire fac. a Capias, then an Alias, and
after a Pluties, shall go
forth, and after that an Exigent, till the party be taken, or yield
himself,
or else be outlawed. |
1. Venire
fac.
2. Distringas
or capias. |
|
And these are the ordinary Processes upon all Indictments
of Trespass
against the peace, or of other Offences against penal Statutes, not being
Felony, or a greater Offence, (if it be not otherwise ordained by Statute.)
But the Process is commonly grounded upon an Indictment, and is only
to cause the Offender to come in, and to make his Answer; and therefore
of the Offender be present, and confess such Indictment, Information, |
|
Z z 3
|
 |
