| Chap. 3. |
Justices of the Peace.
6. His Record (or Testimony) in some cases
is of as great force as Indictment
upon the Oath of Twelve men, and in some other cases of greater
force than an Indictment. See hereof tit. Force, High ways, Peace
and
Riot. |
9 |
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7. He also may make out Process upon Indictments,
or Informations,
against Offender, &c. yea and that out of their Sessions, (in some
cases)
as you may see hereafter, tit. Process. |
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Great cause therefore have the Justices of Peace
to take heed that they
abuse not this their credit and authority, either to the oppressing of
the
Subject, by making untrue Records, or defrauding of the King, by suppressing
the true Record. |
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| §. 6. |
By the Statute of 12 R. 2. cap.
10. there should be but Six Justices of
Peace (in every Commission of the Peace) with the Justices of Assize. |
The number. |
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After, by the Stat. 14 R. 2. cap.
11. it was ordained, That there should be
Eight Justices of Peace assigned, besides the Lords. |
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And two Lawyers (at least) shall be assigned in
every County, to hear
and determine Felonies and Trespasses done against the Peace, 18 E.
3. cap. 2.
34 E. 3. cap. 1, & 17 R. 2. cap. 10. |
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Also Justices of Peace ought to be resiant and dwelling
within the same
County, (except Lords and Judges, &c.) 2 H. 5. cap. 4.
& 2 H. 5. Stat. 2. cap. 1.
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| §. 1.
Peace,
what. |
CHAP. III.
Peace.
PEACE, in effect, (saith M. Fitzh.) is the
Amity, Confidence, and
Quiet that is between men; and he that breaketh this Amity or Quiet,
breaketh the Peace. |
Fitz. Just.
of P. 13. |
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Yet Peace (in our Law) most commonly is taken for
an abstinence from
actual and injurious Force, and offer of Violence; and so is rather a restraining
of hands, than an uniting of minds. And for the maintenance of
this Peace chiefly were the Justices of Peace first made. |
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| §. 2.
Breach of
it. |
The Breach of this Peace seemeth to be any injurious
Force or Violence
moved against the Person of another, his Goods, Lands, or other Possessions,
whether it be by threatening words, or by furious gesture, or force
of
the body, or any other force used in terrorem. |
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The Office of the Justices of Peace is principally
to be excercised ' to
' the keeping of the Peace, and suppressing of and bringing to punishment
' persons using such injurious and unlawful Force or Violence. And
yet
(the Commission of the Peace being pro bono Pacis, ac pro conservatione
ejudem, & pro quieto regimine & gubernatione populi,) I see
not why the
Justices of Peace should be restrained from preventing and repressing
such
other Offences, Misbehaviours and Deceits as may break the Amity, Quiet
and good Government of the People, and whereof Discords, and so
Breaches of the Peace do often arise, (though there appear neither Force
nor Violence in the Offence it self:) as Libellings, Cozenages, and such
other offences. Vide tit. Good Behaviour. |
Latch,
p. 48. |
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But it is no part of the Office of the Justice of
Peace to forbid lawful
Suits; albeit they shall do well to be Mediators of Peace in such Suits
and Controversies as shall arise among their Neighbours. Neither
shall any
man be punished for suing any Writ in the King's Courts, siot ceo de
Droit
ou de Tort. Co. L. 61. |
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§. 3.
Conservation
of
Peace. |
The Conservation of this Peace (and therein the
Care of the Justice of
Peace) consisteth in three things, viz. |
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