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Justices of the Peace.
Law, but interpreting the Law, (and that according to the true sense
thereof,
and after deliberate consultation,) remembring that their Office is jus
dicere,
and not jus dare. |
Chap. 2. |
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" According to this last also is the Rule given
in the Book of Judges, sc.
" In all causes doubtful, first to consider of the matter, to consult,
and then to
" give Sentence: ' Which Sentence must be agreeable to
the merits of
' the Cause and Crime, else it is not equal. |
Judg. 19.3. |
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" Yea, God himself hath given us Precedents of such
deliberate proceedings;
" as you may see in Genesis, chap. 3. ver. 8,
&c. and chap. 18.
" vers. 21. |
Gen. 3.8,
9.11. |
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" These are worthy Directions for all Justices of
Peace, and other Magistrates,
" that they carry themselves in their places uprightly and indifferently,
" not uttering their own conceits, nor upon the sudden to
" overrule things; but after deliberate consideration and consultation,
then
" to proceed to execute the Authority committed to them. |
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' Now there be four essential properties required
in Magistrates and
Justices, viz. |
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1. ' They must be men of Ability of Body and
Estate, and of Courage
' for the Truth and in the Truth. |
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2. ' They must be men Fearing God; not seeking
the place for Honour
' or Commodity, nor respecting persons, but the Cause. |
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3. ' They must be Men dealing truly, searching
out all the Truth, and
' hating Covetousness. |
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4. ' They must judge the people at all seasons,
using all diligence in
' hearing and ending Causes; and not to neglect the publick, for private
' employments, or ease. See Exodus 18.21, 22. and Job
29.12, ad 17. For
' they bear not the Sword in vain, Rom. 13.4. |
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Justices of Peace are Judges of Record, appointed
by the King to be
Justices within certain Limits for the Conservation of the Peace, and for
the execution of divers things comprehended within their Commission,
and within divers Statutes committed to their charge. |
Their Description
or
Definition. |
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9 E. 4.3.
14 H 8.
16. |
Now, first, that the Justices of Peace are Judges
of Record, (yea, that
every Justice of Peace by himself is a Judge of Record, and one upon
whose sole Report and Testimony the Law reposeth it self very much)
appeareth more plainly, if you observe these things following: |
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1. He is made under the Great Seal of England,
which is a matter of
Record. |
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2. Every Justice of Peace hath Judicial power
given unto him by the
Commission, sc. in the first Assignavimus. |
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3. Also by some Statutes they have
Judicial Power given them; for they
may make a Record of a Force by them viewed, and may thereupon fine
and imprison the Offenders; yea, one Justice of Peace in some cases, may
also
hear and determine Offences, and punish an Offender as convict upon
his
own View, or upon the Confession of the Offender, or upon Examination
and Proof of Witnesses. Vide Tit. Forcible entry hear
and determine. |
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La 67.94.
14 11.8.
18.
Co. 10.78. |
4. His Warrant (though it be beyond his Authority)
is not disputable
by the Constable, or other inferior Minister, but must be obeyed and executed
by them. But this must be understood when the Justice of Peace
hath Jurisdiction of the Cause, for or concerning which he hath granted
his
Warrant; for otherwise the Constable, or other Officer executing their
Warrant, seemeth to be punishable, notwithstanding the Justices Warrant.
Vid. tit. Warrants. |
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| Lamb. 67. |
5. He may take a Recognizance (for the Peace,
&c.) which is a matter
of Record, and which none can do but a Judge of Record. See Br.
Recog.
8, & 14. |
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