| Chap. 2. |
Justices of the Peace.
to the Laws, Customs, and Statutes of this Realm,) without respect
of persons. ' See 2 Car. 19.6,7. |
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They are named also Commissioners [of the Peace,]
because they have
their Authority by the King's Commission. |
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" The name in Latin Custodes pacis, is equivalent
to that of Justiciarii
" pacis, as was resolved P. 10 Jac. B. R. the King against
Litle,
where upon
" a Certiorari, it was returned quod ad general &c. coram
A. & B custodibus
" pacis, Dom. Regis, &c. an Indictment was found, and this
taken for an
" exception that some were Custodes pacis, that were not Justiciarii
pacis,
" yet the exception was disallowed. Rolls 2. p.
95. |
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| §. 4. |
And here it shall not be amiss shortly to put our
Justices of Peace in
mind, how that Justice may be perverted many ways, (if they shall not
arm
themselves with the Fear of God, the Love of Truth and Justice, and
with
the Authority and Knowledg of the Laws and Statutes of this Realm)
As namely, |
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1. By Fear; when fearing the Power of Countenance
of another, they
do not Justice. Deut. 1.17. Ye shall not fear the face of
man, for the Judgment is
Gods, who is Capitalis Justiciarius totius Mandi, Chief
Justice of Heaven
and Earth, and they are his Lieutenants. |
2 Chron.
19.6. |
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2. Favour; when they seek to please their
Friend, Neighbour, or other,
Deut. ibid. Ye shall have no respect of persons in
Judgment. ' Thou shalt not
' favour the person of the poor, nor honour the person of the mighty,
but judge
' justly, Levit. 19.15. |
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3. Hatred or Malice against the party, or
some of his. Levit. 19.18.
' Thou shalt not avenge, nor be mindful of wrong. |
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4. Covetousness; when they receive or expect
Fee, Gift or Reward;
for as the Wise Man saith, Rewards and gifts do blind the eyes of
the Wise,
and make them dumb, that they cannot reprove faults. |
Eccl. 20.
23. |
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5. Perturbation of Mind; as Anger, or such
like passion. Jam. 1. 20.
The wrath of man doth not accomplish the righteousness of God. |
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6. Ignorance, or want of true understanding
of what is to be done.
Ignorantia mater Erroris. |
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7. Presumption; when without Law (or other
sufficient Rule or Warrant)
they (presuming of their own wits) proceed according to their own
wills and affections. There is more hope of a fool, than of
him that is
wise in his own conceit, Prov. 26.12. |
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8. Delay; which in effect is a denying of
Justice. Negligentia semper
habet comitem infortunium, &c. mora trabit periculum. |
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9. Precipitation, or too much Rashness; when
they proceed hastily;
without due examination and consideration of the fact, and of all material
circumstances, or without hearing both parties: for ' the Law judgeth
no
' man before it hear him, John 7. 51. And the Philosopher
could say, Qui
aliquid statuerit, parte inaudita altera, Æquum licet statuerit,
haud æquus
est; He that shall judge or determine of a matter, the one party
being unheard,
although he shall give judgment, yet he is not a just Judge.
And
again, Omnia non properanti clara certaque fiunt, Festinatio autem
semper
improvida ac cæca est; All things are plain and certain
to him that is not
rash or heady, but Hast is always improvident and blind. See
Deut. 17.4.
Ecclesiasticus 11.7,8. and Prov. 18.13. |
Seneca. |
His Majesties
Speech
in the Star-Chamber,
An. 1616. |
All these, King James his Majesty, of happy
Memory, hath shortly, yet
fully, observed in his Charge lately given to the Judges, sc.
charging them
that they do Justice uprightly and indifferently, without delay,
partiality, fear
or bribery, with stout and upright hearts, with clean and uncorrupt
hands; and
yet not to utter their own conceits, but the true meaning of the
law, not making |
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