Inst. 168. Certain persons shall be assigned Justices of Assise and Gaol Deli very, to deliver the gaols three times a year. Who shall be assigned Justices county. Justices of Assise. And see Titles ASSISES-JUDGES. Item, as to the keeping of the Peace in time to come, it is ordained and enacted, that the Statutes made in time past, with the Statute of Winchester, shall be observed and kept in every point. And when it is contained in the end of the said Statute 'of Winchester, that the Justices assigned shall have Power to enquire of Defaults, and to report to the King in his Parliament, and the King to remedy it, which no man hath yet seen, the same Justices shall have Power to punish the Disobeyers and Resisters. 2 Ed. 3. c. 6. Item it is ordained, that good and discreet persons, other than of the places, if they may be found sufficient, shall be assigned in all the Shires of England, to take Assises, Juries, and Certifications, and to deliver the Gaols; and that the said Justices shall take the Assises, Juries, and Certifications, and deliver the Gaols, at least three times a year, and more often if need be. Also there shall be assigned good and lawful Men in every County to keep the Peace; and at the time of the Assignments, mention shall be made that such as shall be indicted or taken by the said Keepers of the Peace shall not be let to Mainprize by the Sheriffs, nor by none other Ministers, if they be not mainpernable by the Law; nor that such as shall be indicted shall not be delivered but at the Common Law; and the Justices assigned to deliver the Gaols shall have power to deliver the same Gaols of those that shall be indicted before the Keepers of the peace; and that the said Keepers shall send their Indictments before the Justices, and they shall have Power to enquire of Sheriffs, Gaolers, and other in whose Ward such indicted Persons shall be, if they make Deliverance, or let to Mainprize any so indicted which be not mainpernable, and to punish the said Sheriffs, Gaolers, and others, if they do any thing against this Act." 4 Ed. 3. c. 2. Justices of Peace. Item, that two or three of the best of reputation in the of Peace in each Counties shall be assigned Keepers of the Peace by the King's Commission, and at what time need shall be, the same, with other wise and learned in the law, shall be assigned by the King's Commission to hear and determine Felonies and Trespasses done against the Peace in the same Counties, and to inflict punishment reasonably according to law and reason, and the manner of the deed. 18 Ed. 3. st. 2. c. 2. The Justices of the Peace from henceforth to be made within 4 Inst. 51. Who shall be the Counties of England shall be made of the most sufficient Justices of Peace. persons dwelling in the same Counties, by the advice of the Chancellor and of the King's Council, without taking other persons dwelling in foreign Counties to execute such office, except the Lords and the Justices of Assises, and except the King's Chief Steward of the Lands and Seignories of the Duchy of Lancaster in the north parts and in the south for the time being. 3 H. 5. st. 2. c. 1. eight Justices of By 14 R. 2. c. 11. there shall be eight Justices of Peace in There shall be each County. This Act also regulates the wages of the Justices, Peace in each and the returning of Estreats by them. See Statute 12 R. 2. county. c. 10. post, page 407. of Justices of No Justices of Peace shall hereafter be assigned or deputed if The qualification he have not lands or tenements to the value of xx. li. by the year; Peace. and if he have not such qualification, he shall thereof give knowledge to the Chancellor within one month, and failing so to do shall forfeit xx. li: not to extend to Cities, Towns, or Boroughs being Counties incorporate of themselves. If there be not sufficient Lawyers being persons so qualified within any such County, the Chancellor shall Justices, need put other discreet persons learned in the law in such Commis- not be so qualisions, by his discretion, though they are not so qualified. 18 H. 6. c. 11. constituted fied. Recites that by a former Statute no Steward of any Lord Justices of Peace might be a Justice of the Peace, and enacts, that Justices of the shall be sworn. Peace shall be made of new in all the Counties of England of the most sufficient Knights, Esquires, and Gentlemen of the Law of the Counties, notwithstanding the said Statute; and that the said Justices shall be sworn duly without favour to keep and put in execution all the Statutes and Ordinances touching their Offices. 13 R 2. st. 1. c. 7. in the counties. Exception. The Justices of the Peace in every Shire named of the quorum Justices of Peace shall be resiant within the same Shire (except Lords named shall be resiant in the Commission of the Peace, the Judges, the Chief Baron, Sergeants at Law, and the Attorney General, while occupied in the King's Courts or service); and make their Sessions four times by the year; that is to say, in the first week after the How often they Feast of St. Michael; in the first week after the Epiphany; in Sessions. the first week after the Clause of Easter; and in the first week after the Translation of St. Thomas the Martyr, and more often shall hold their How often in Cro. El. 148. if need be; and that the same Justices hold their Sessions throughout England in the same weeks every year from henceforth. 2 H. 5. st. 1. c. 4. s. 2. By Statute 14 H. 6. c. 4. the County of Middlesex is exempted from the provisions of 2 H. 5.; provided that the Justices of Middlesex for the time being keep, observe, and execute the Court of Session of the Peace two times in the year at the least, and more often if need be. First, that in every County of England shall be assigned for the keeping of the Peace one Lord and with him Three or Four of the most worthy in the County, with some learned in the Law, and they shall have Power to restrain the Offenders, Rioters, and all other Barrators, and to pursue, arrest, take, and chastise them according to the Trespass or Offence, and to cause them to be imprisoned and duly punished according to the Law and Customs of the Realm, and according to that which to them shall seem best to do by their Discretions and good Advisement, and also to inform them and to enquire of all those that have been Pillors and Robbers in the l'arts beyond the Sea, and be now come again, and go wandering and will not labour as they were wont in times past, and to take and arrest all those that they may find by Indictment or by Suspicion, and to put them in Prison, and to take of all them that be not of good fame where they shall be found, sufficient Surety and Mainprize of their good behaviour towards the King and his People, and the other duly to punish, to the Intent that the People be not by such Rioters or Rebels troubled or endangered, nor the Peace blemished, nor Merchants nor other passing by the Highways of the Realm disturbed, nor put in the Peril which may happen of such Offenders; and also to Justices of Peace hear and determine at the King's Suit all manner of Felonies may hear and determine felonies and trespasses. Fines for trespasses shall be reasonable. and Trespasses done in the same County, according to the Laws and Customs aforesaid; and that Writs of Oyer and Terminer be granted according to the Statutes thereof made, and that the Justices which shall be thereto assigned, be named by the Court and not by the Party. And the King wills that all general Inquiries before this time granted within any Seignories, for the Mischiefs and Oppressions which have been done to the People by such Inquiries, shall cease utterly and be repealed; and that Fines which are to be made before Justices for a Trespass done by any Person be reasonable and just, having regard to the quantity of the Trespass and the Cause for which they be made. 34 Edw. 3. c. 1. Peace shall not act as such dur is sheriff. No person having, using, or exercising the Office of Sheriff Justice of the of any County, shall use or exercise the Office of the Justice of the Peace by force of any Commission or otherwise in any ing the time he County or Counties where he shall be Sheriff during the time only that he shall use or exercise the said Office of Sheriffwick, any thing in the former Act [1 Edw. 6. c. 7. s. 3.] to the contrary notwithstanding; and that every Act done by any such Sheriff by Authority of any Commission of the Peace during the time abovesaid shall be void and of none effect, the said former Act notwithstanding. 1 Mar. st. 2. c. 8. The wages of the Justices and Clerks of the It is ordained and enacted, that in every Commission of the Justices of Peace, there shall be assigned but six Justices with the Justices of Assises; and that the said six Justices shall keep their Sessions in every quarter of the Year at the least, and by three days if need be, upon Pain to be punished according to the discretion of the King's Council at the suit of every man that will complain; and they shall inquire diligently amongst other things touching their Offices, if the said Mayors, Bailiffs, Stewards, Constables, and Gaolers have duly done execution of the Ordinances of Servants and Labourers, Beggars and Vagabonds, and shall punish them that be punishable by the pain of an Hundred Shillings by the same pain; and they that be found in Default, and which be not punishable by the same pain, shall be punished by their Discretion; and every of the said Justices shall take for their wages Four Shillings the day, for the time of their said Sessions, and their Clerk Two Shillings of the Peace. Fines and Amerciaments rising and coming of the same Sessions, by the hands of the Sheriffs; and that the Lords of Franchises shall be contributory to the said wages, after the rate of their part of Fines and Amerciaments aforesaid; and that no Steward of There shall be any Lord be assigned in any of the said Commissions; and no association to that no association shall be made to the Justices of the Peace after their first Commission; and it is not the intent of this Statute, that the Justices of the one Bench or of the other, nor the Sergeants of the Law, in case that they shall be named in the said Commissioners, shall be bound by force of this Statute to hold the said Sessions four times in the Year, as the other Commissioners, the which be continually dwelling in the Country, but that they shall do it when they may best attend it. 12 R. 2 c. 10. And also it is ordained by the same Authority, that every Justices of Peace Justice of Peace within this Realm, that shall take any Recogni- the next sessions shall certify to zance for the Keeping of the Peace, that the same Justice do recognizances by certify, send, or bring the same Recognizance, at the next Ses the Justices of The Judges and them taken to keep the peace. Justices of Peace shall, before take examina sions of Peace where he is Justice, that the Party so bound may be called; and if the Party make Default, the same Default then to be recorded, and the same Recognizance, with the Record of the Default, be sent and certified into the Chancery, or afore the King in his Bench; or into the King's Exchequer. 3 H. 7. c. 1. And the said Justices [of Peace], or one of them, being of the bailing offenders, Quorum, when any Prisoner is brought before them for any Manslaughter or Felony, before any Bailment, or Mainprize (see title Bail), shall take the examination of such Prisoner, and information of them that bring him, of the fact and circumstances thereof, and the same, or as much thereof as shall be material to prove the Felony shall put in writing before they make the same Bailment; which examination, together with the Bailment, such Justices shall certify to the next General Gaol Delivery within the limits of their Commission. 1, 2, P. & M. c. 13. s. 4. tions in writing, and certify the same and the bonds to the next General Gaol Delivery. Such regulations where offenders are committed and not bailed. Reciting that the Act 1, 2, P. & M. c. 13. did not extend to extended to cases Prisoners brought before any Justice of Peace for Manslaughter or Felony, and by such Justice committed to ward for suspicion of the same, and not bailed, in which case the Examination of such Prisoner and of such as brought him, was as necessary or rather more than where such Prisoner was let to Bail, enacts, that such Justice or Justices before whom any Person shall be brought for Manslaughter or Felony, or for suspicion thereof, before he or they shall commit or send such Prisoner to ward, shall take the Examination of such Prisoner, and Information of those that bring him, of the fact and circumstances thereof, and the same, or as much thereof as shall be material to prove the Felony, shall put in writing within two days after the said Examination; and the same shall certify in such manner and form and at such time as they should and ought to do if such prisoner so committed or sent to ward had been bailed or let to mainprize, under the pains limited in that Act; and such Justices shall have authority to bind all such by recognizance or obligation, as do declare any thing material to prove the said Manslaughter or Felony, against such Prisoner so committed, to appear at the next General Gaol Delivery to be holden within the County, City, or Town Corporate, where the Trial for such Manslaughter or Felony be, then and there to give evidence against the Party; and the Justices shall certify the said Bonds taken before them in like manner as directed by the said recited Act, upon like pain as therein is mentioned. 2, 3, P. & M. c. 10. As to the Jurisdiction of Justices of Peace, as relating to offences committed on the High Seas, see title Piracy III. §.3. |