reddendum nisi in praesentia vnius IusticiarioruÌ„ nostrorum de vno vel de altero Banco aut Iusticiariorum nostrorum ad Assis as in comitatu praedicto capiendas assignatorum coram vobis minimè procedatur The charge to the Iustices Et ideo vobis et cuilibet vestruÌ„ mandamus quod circa custodiam pacis ordinationum Statutorum praedictoruÌ„ diligenter intendatis Et ad certos dies loca quos vos seu aliqui vestrum ad hoc prouideritis diligenter super praemissa faciatis inquisitiones Et praemissa omnia singula audiatis terminetis ac ea faciatis expleatis in forma praedicta facturi inde quod ad iustitiam pertinet secundùm legem consuetudinem regni nostri Angliae Saluis nobis amerciametis alys ad nos inde spectantiê° Mandauimus enim vicecomiti nostro Kanciae quod ad certos dies loca quos vos seu aliqui vestrum ei scire faciatis venire faciat coram vobis seu aliquibus vestrum tot tales probos legales homines de Balliua sua tam infra libertates quà m extra per quos rei veritas in praemissis melius sciri poterit inquiri To the Shirife Et vos prarfati Thom Wotton ad dies locae praedicta breuia praeceptae processus indictamenta praedicta coram vobis dictis socys vestris venire faciatis ea inspiciatis debito fine terminetis sicut praedictum est In cuius rei testimonium c. Datum 6. die Aug. Anno regninostri 21 To the Custos Rotulourn Certaine obseruations concerning the matter forme of the Commission of the Peace CAP. IX MAister Fitzherberte in his treatise of Iustices of te Peace Fo. 11. b. séemeth to bée of the opinioÌ„ that this forme of Commission was deuised when Iustices Of the peace were first ordained But sauing the reuerence due to so learned a Iudge I suspect that the matter is mistaken by him For besides that the Commission it selfe doth rehearse certaine Statutes made in the times of King Henrie the fourth and of King Henrie the fift many yeares after that Iustices of the peace were created It is the agréeing opinioÌ„ of al the Iustices 2 R. 3.9 the Iustices of the peace had no power at the first but only ad ConseruandaÌ„ paceÌ„ Regis and that afterward wheÌ„ they had power giuen theÌ„ ouer Felons it was not ynough for them to say in their Certificate of an Enditemente of Felonie that it was founde Coram Iusticiarijs Domini Regis ad pacem in comitatu praedicto conseruandam but that they must adde withall Necnon ad diuersas felontas c. and that otherwise their Certificat was of no value And as it is euideÌ„t that 34 E. 3 ca. 1. was the firste Statute that gaue to them that power to heare and determine felonies and trespasses So there is a Precedent to be séene 35 E. 3. in dorso patent parte 2. wherby it appeareth that the forme of their Commission was then enlarged accordingly Alterations from time to time of the Commission of the Peace After that time also it is apparaunte that sundrie things were by expresse commaundement of diuerse Statutes put into theyr Commission of whiche sorte bée these the Statute 36. E. 3. ca. 12. by whiche there ought to be mention in the Commission of the times of holding the Sessions of the Peace although the same were afterwardes pretermitted bycause 2. H. 5. ca. 4. did alter those times in apointing of others the Acte 42. E. 3. ca. 6. by whiche auctoritie ouer Labourers was giuen unto them and willed to bée putte into their Commission The Statute 5. H. 4. ca 3. whereby it was commaunded that mention of Winchester concerning watch should be added so their Commission and the Statute 3. H. 5. ca. 7. which tooke order that Iustices of Peace shoulde haue power by the Kings Commission to enquire of the counterfaiting and other falsifying of money Besides all whiche it is verie probable and likelie that the mention of Weightes and Measures of Vagaboundes of Liueries and of some other things was first put into the Commission after the making of these Statutes 34. E. 3. ca. 5. .6 7. R. 2. ca. 5 17. R. 2. ca. 4 2. H. 4. ca. 21. and some others whyche did first giue power to the Wardeins and Iustices of the Peace to deale with those and some other matters So farre of is it that this Commission hath from the beginning retained one constant tenour and forme Yea as I am verelie persuaded that the forme of this Commission hath veried with the time and receiued sundrie accessions so I trust hereafter to make it plaine that it were conuenient to reforme it now also for diuers imperfections that do yet remaine in it euen as in our memorie the Statute of Lollards which was thrust into the Commission by 2. H. 5. ca. 7 and was in Maister Fitz. own dayes vsually read in it is nowe vpon iust reason as a thing sauouring of the pumpe the Pope I woulde say throwen cleane out of the booke But first let me breake it as it is into partes and leaue with you a few notes vpon the same The whole substaunce of this Commission The partes of the Commission is comprehended within these fewe tearmes 1 The Salutation of the Prince 2 The power of the Iustices and 3 The Charge from the Prince to them and others The Salutation of the Prince expresseth the names of the Iustices 1. The Salutation and hath nothing else in it that néedeth light Then followeth the Power of the Iustices 2. The power of the Iustices whiche is comprehended in thrée clauses whereof the first beginneth thus Sciatis quòd assignauimus vos contunctim diuisim ad pacem c. custodienda custodiri facienda The second beginneth in these wordes Assignauimus etiam vos quoscunque vestrum Iusticiarios nostros ad inquirendum c. The last beginneth likewise Assignauimus etiam vos duos vestrum quorum c. vnum essevolumus ad felonias c. audienda terminanda The first Clause or Assignauimus giueth power to all to many or any one of them First clause or Assignauimus for so Maister Fitzherb vnderstandeth the wordes coniunctim diuisim to kéepe and cause to be kepte the Peace and especially to kéepe these Statutes made for the maintenaunce of the same that is to say first the Statute of Winchester 13 E. 1. The the Statute of Northampton 2. E. 3. ca. 3. And the Statute of Westminster 5. E. 3 ca. 14. whyche doeth concerne the Peace and not as Maister Fitzh wil haue it the Statutes of Westminster the first second or thirde whiche as they have almoste nothing concerning the matter of Peace that of W. 1. ca. 9. onely excepted so to go from the Statute of NorthaÌ„pton to them were to ascende contrary to the
H. 8. c. 6. Greate cause hathe the Iustice of Peace therefore to take â—iligente héede that he abuse not this credite either to the oppressing of any subiect by making an untrue Recorde or to the defrauding of the Prince by suppressing anye true Record Much more reason is there to holde that two Iustices of peace or more sirting in the execution of their authoritie in open Sessions must néeds be taken to be Iudges of Recorde Howe long time the auctoritie of the Commissioners of the Peace is to indure and by what meanes it may be suspended or determined CHAP. XIIII WE haue alreadie touched that the power of the Commissioners of the Peace is not perpetuall but nowe the place serueth to handel it at full The Commissioners of the Peace are to continue during only the pleasure of the Prince by whose pleasure they were at the first appointed and therefore by the determination of that pleasure their auctoritie ceasseth also Besids the which there are other means to determine their Actoritie as namely the Accession of an other office the Presence of a higher power and in some speciall case the wante of Adiournement of their Commission The pleasure of the Prince may bée determined either by expresse word or by implication or by death By expresse word The Queenes Maiestie therefore maye discharge the Commissioners of the Peace by hir expresse Writte vnder the gret Seale L. 5. E. 4.32 If she sende a Super sedeas to al the Commissioners of the Peace that will suspende all their auctoritie But yet so as it may be reuiued by a Procedendo and therefore it doth not vtterlie determine their auctoritie as may be gathered by 12. lib. Ass Pl. 21. Againe when the Queenes Maiestie maketh other Commissioners of the same kind within the same Limites it is implied thereby that the former Commissioners shall have no longer power although there be neuer a worde spoken of the discharge of the for the repugnaÌ„cie By implycation of a new Commission 3. Mar. Regi Brooke Tit. Commssion 24. But yet if there be Iustice of the Peace by Commission in a whole Countie and afterward the Queene maketh another man Iustice of the Peace in one Towne of the saide Countie onelie Chocke was of opinion General and proper Iustices 10. E. 4.7 that the power of the first Commissioners continued still in that Towne bycause that is not altogither contrariant And Iudge Fineux helde so also 20. H. 7.8 that if the Queene make a proper Iustice of the Peace within a speciall Libertie yet maye the generall Iustices of the Peace of the Shire medle there also vnlesse there be wordes of Prohibition in the Patent as ê™ nulli alij Iusticiarij nostri se intromittaÌ„t c. If the antient CoÌ„mission of the Peace were to foure persoÌ„s afterward the Queene should make one man a full Iustice of the peace through that same limit during his life then shoulde the handes of the fours Commissioners be closed saith Marrow And a newe Commission pro hac vice taÌ„tum will determine the olde So also a new CoÌ„missioÌ„ to heare and determine Felonies determineth the olde Commission of the Peace concerning Felonies but not concerning the Peace And a new Commission of the Peace ad inquirendum tantum is a determination of the old Commission ad audiendum terminandum by Mar. But it is plain by the preamble of the statute 2. 3. Phil. Mar. ca. 18 that the law was take that if a CoÌ„mission of the Peace was first graÌ„ted to certain wtin a towne after another CoÌ„mission had bin granted to other within the whole shire that this had bene a Supersedeas to the CoÌ„missioners within the said towne Nowbeit this determination of the olde Commission that we speake of groweth not immediately by the making of a newe CoÌ„mission but either after the reading or proclayming of the new CoÌ„mission at the Session of the Peace or at the full Countie or else by holding of some Session by vertue of the new Commission in al which cases the old Commissioners must take notice of the new Commission or els after the giuing of notice of the new Commission vnto the old Commissioners for otherwise al the meane actes of the olde Commissioners be good in Law Mar. 21. H. 6. 29. 34 lib. Assi Pl. 28. And for as much as some Cities Corporate townes found theÌ„ selues gréeued with the Law staÌ„ding as hath bin remebred it was specially ordained by the said Statute 2. 3. Phi. Mar. ca. 18. that a Commission of the Peace and Gaole deliuerie made to a Citie or corporate towne not being a Countie by it selfe should not be determined by the making of such an other Commission after to any of the Shire Lath Rape or Wapentake in the which that Citie or towne standeth Finally it is to be noted that in al cases wher an auntient Commission of the peace is determined by a new yet no Processe or Suite hanging before the old Commissioners shall be discontinued therby by the Statute 11. H. 6. ca. 6 I. E. 6. ca. 7. By the death or demise of the Prince also dieth the power of all the Commissioners of the Peace made by him for he maketh the Iusticiarios suos so that he being once deade or hauing giuen ouer his Crowne they are no more his Iustices and the Iustices of the next Prince they shal not be vnlesse he wil make them his 4. E. 4.44 1. E. 5.1 By death If sseacute emeth that some toke the Lawe to bée that if a Iustice of the Peace were created a Duke Marquesse Earle Vicount or Baron or elected an Archbishop or Bishop or made a Knight or Iustice of any of the two Benches or Serieant at the lawe that then his Office of the Peace was determined therby bycause it could not be thought that his name being changed he should remaine the same person Accession of a new office or calling And so if he were made Shirife that his Iusticeship ceased also bicause as Marrow faith he could not be both a Iustice an Officer to direct serue his owne Precepts and so likewise was it thought of him if he were made a Coroner but not so if he were made an Vndershirife And therefore for the declaration of the Law in the most of these cases it was enaded 1. E. 6. ca. 7. that if a Iustice of the Peace were made Duke Marquesse Erle Vicount Baron Archbishop Bishop Iustice of the one Benche or other Knight Serieant at the Law or Shirife the yet he shuld be Iustice of the Peace still But that acte was afterwarde upon good reason controlled in parte and a newe law made I. Mar. Parl. I. ca. 8. by whiche it was ordered that no man shoulde exercise the office of a Iustice of the Peace during only the time that he is Shirife of the same Countie wherein he is also
he and they whose estate he hath in the Manor of Dale haue bene Conseruatours within the Hundred of Sale either all the yeare or onlie at one certaine time of the yeare And as hée may prescribe in the power it selfe so also may he in the maner of the exercise of the same as that they haue vsed to take the Suertie of Peace by obligation pledge or Caution so also in the maner of the Processe therefore as to Distreigne and to sell the distresse Mar. But all this is to be doubted of because that in the opinion Of Brian and Pigot 21. E. 4. 67. 22. E. 4. 35. the Maior of Dale cannot prescribe to be a Conseruatour or to commaunde Suertie of the Peace to commit to prison for an affraie in his presence vntill such suertie be found Furthermore euen as the shirifes were auntientlie chosen and as the Coroners yet bée So also certaine persons were wont to be elected Conseruatours of the Peace in the full Countie before the Shirife and of this kinde I my selfe haue séene certaine Recordes in Rotul patent de Anno. 5. E. 1. running in this course By ElectioÌ„ First a Writte to the Shirife of Norfolke commaunding him to choose in his ful CouÌ„tie unum homâ—nem de probioribus potentioâ—â—bus Comitatus sâ—â— in custodem pacis Then an other Writte directed Balliuis fidelibus of the same Countie giuing vnto theÌ„ notice of the former Writte to the ende as it séemeth that the Bailies should warne the men of the Countie and that they should appeare at the Countie Court to make the Election And lastlie to the Conseruatour elected this Writte following Edwardus dei gratia Rex Angliae Dominus Hyberniae dux Aquitaniae dilecto fideli suo Iohannt le Bretun Salutem CuÌ„vicecomes noster Norfolc et coÌ„munitas eiusdem comitatus elegerit vos in Custodem pacis nostrae ibidem vobis mandamus quod ad hoc diligenter intendatis prout idem vicecomes vobis scirifaciet exparte nostra donec aliud inde praeceperimus In cuâ—us rei c. Datum per manum venerabilis patris F. Bathon Wellen. Episcopi Cancellarij nostri apud Cest secundo die Septemb. Annoregni nostri quinto Touching the conseruation of the Peace by Tenure of Land M. Marrow putteth this case If the King graunt vnto a man landes to holde of him by Kinghtes seruice and to be a Conseruatour of the Peace in a Countie he is a Conseruatour by Tenure agreably wherevnto saith an Inquisition founde at Chester An. 4. E. 2. after the death of one Vrianus de Sancto Petro inter alia thus By Tenure Touching the ... Quòd idem Vrianus tenuit de Domino Rege in capite in dominico suo vt de feodo die quo obyt Medietatem Seriantiae pacis per seruitium inueniendi decem serutentes pacis ad Custodiam pacis in Cestr pro qua quideÌ„ custodia antecessores sui percipere solebant xxx â— per annum ad scaccarium Cestr pro Mantellis dictorum decem seruientum c. These sortes and some others which M. Marrow reciteth and whiche I wanting Recordes to warrant them do omitte I cal Ordinarie Conseruatours of the Peace bycause thier auctoritie was then Ordinarie alwayes one and the same wel ynough knowen Extraordinarie conseruatours But the Extraordinarie Conseruatour as he was endowed with an higher power so was he not ordinarilie appointed but in the times of greate troubles onlie much like as the Lieutenaunts of shires are now in our dayes And he had the charge to defende the coasts and Countrey both from forraine and inwarde enemies and might commaund the Shirife and all the Shire to aide and assiste him as it may well appeare by this Patent remayning of Record in the Tower Rotul Patent de An. 49. H. 3. made by that king or rather in his name by Simon the Earle of Leicester whose prisoner he then was Rex Iohanni de Plesset salutem Cùm nuper de consilio Magnatum qui sunt de consilio nostro constunerimus vos custodem pacis nostrae in comitatu Northumb. ac vos tam landabiliter circumspecte in officio illo gesseritis quod probitatem ac diligentiam vestram merito duximus recommendandam adhuc necesse sit sicut intelleximus quod ad tuitionem partium illarum conseruationem pacis nostrae èìdem officio intendatis vobis de consilio Magnatum praedictorum mandamies firmiter iniungentes quatenus omnem diligentiam quam poteritis adhibeatis ad pacem nostram conseruandam in partibus praedictis in forma qua vobis aliâs iniuÌ„ximus MaÌ„dauimus enim Vic nostro Northumb. quod quotiens opus fuerit à vobis fuerit requisitus cum toto posse sui comit vobis ad hoc assistat Nolumus autem quod praetextu huius maÌ„dati nostri de aliquibus quae ad officium vic pertinent vos intromittatis quo minus vic de exitibus eiusdem comit nobis plenè respondere valeat ad Scaccarium nostrum Teste Rege apud Westmonast xj die February Anno Regni sui quadragesimo nono And sundrie the like Patents were at the same time also made as to Iobn de la Haye to be Conseruatour of Kent and of the Sea coastes there to Ralph Baslet of Dravâ—on to be Conseruatour of Staffordshire and so to others for other Counties Of the first ordaining of the Wardeins and Iustices of the Peace by Statute Lawe CAP. IIII. After suche time as Queene Isabell contending with hir husband King Edwarde the second was retourned ouer the Seas into England accompanied with hir Son Prince Edward called afterward the thirde King of that name and with Sir Roger Mortymer and such others of the Englishe Nobilitie as had for the indignation of the King fledde ouer the Seas vnto hir She soone after gotte into hir handes the person of the olde King partlie by the assistaunce of the Henâ—lders that the brought with hir and partlie by the aide of such other hir friends as the found readie here and immediatelye caused him by forced patience to surrender his Crowne to the young Prince And then also for as muche as it was not without cause feared that some attempte would be made to rescue the imprisoned King order was taken that he should be canueyed secreatelie and by night watches from house to house and from Castle to Castle to the ende that his fauourers should be ignorant what was become of him Yea and then withall it was ordained by Parliament in the life time of that deposed King and in the varie first entrie of his sonnes raigne 1. E. 3. ca. 15 That in euerie Shire of the Realme good man and lawful which were no maintainers of euill nor Barrettours in the Countrey should bee assigned to keepe the peace which was as much as to say that in euerie Shire the King himselfe should place speciall eyes and watches ouer the common people that
Recognusance it selfe according as he now ought to doe by the Statute 3. H. 7. ca. 1. And this may be gathered vpon the opinion 2. H. 7.1 and maye bée séene by this form of it here vnder written GEORGE MVLTON one of the Iustices of the Peace of our Soueraigne Lady the Queenes Majestie within the Countie of Kent To the Shirife Bailifes Conestables Borsholders Ministers and other the Faithfull subiectes of our said Soueraigne Ladie within the saide Countie and to euerie of them sendeth greeting For as much as A. B. of c. The forme of a Supersedeas by a Iustice of the Peace Yeoman hath personally come before me at Ightham c. and hath found sufficient suertie that is to say C. D. E. F. c. Yeomen either of the which hath vndertaken for the said A. B vnder the paine of xx lb and he the said A. B. hath vndertaken for himselfe vnder the peine of xl lb that he the saide A. B. shall well and truely keepe the Peace towards our said soueraigne Ladie all hir liege people and specially towardes G. H. c. Yeoman also that he shal personally apeare before the Iustices of the Peace of our said soueraign Ladie within the said Countie at the next general Sessions of the Peace to be holden at M. there Therefore on the behalfe of our said soueraigne Ladie I commaund you euerie of you that yee vtterly forbeare and surcease to arrest take imprison or otherwise by any meanes for the said occasion to molest the saide A. B. And that if you haue for the said occasion for none other take or imprisoned him that then you do cause him to bee deliuered and set at libertie without further delaye Yeouen at Ighthā aforesaid vnder my seale this last day of Iuly in the xxiij yeare c. Which also may bée in the name of the Prince and vnder the Teste of the Iustice of the Peace thus ELIZABETH by the grace of God c. To the Shirife c. greeting For as much as A. B. hath come before G. Multon one of our Iustices of peace within our said Coūtie and hath found c. We therefore commaunde you and euerie of you that ye forbeare c. Witnesse the said G. M. at Ighthā aforesaid c. Thus muche of the Supersedeas issuing from a Iustice of the Peace the which ought to with-holde and stay the procéeding of his fellowe Iustices in the saide cause in so muche that if anye Officer by any of their Warrants hauing this Supersedea deliuered to him wil neuerthelesse vrge the partie to finde new Suerty for the peace he may refuse to giue it and if he be committed to prison for suche his refusall he maye as I thinke haue his action of False Imprisonmente againste the Officer vppon the same Much more then will a Supersedeas that commeth out of the Chauncerie or Kings Benche or from anye Iustice of the Kings Bench discharge such a Precept for the Peace awarded from any Iustice of the Peace Supersedeas out of an higher court And therefore if the Iustice of the Peace to whō such a Supersedeas shal be deliuered wil not thervpon surcease an Attachment may be awarded against him for his comtempt and he may be imprisoned and fined for it It is good counsell therefore that M. Fitz in hys Nat. Br. Fo. 238 giueth where he willeth the Iustices of the Peace after such a Supersedeas receiued to forbeare to make anye Warrant to arrest the partie it they haue awarded it then to make their owne Supersedeas to the Shirife and other Officers therby commaunding them to surcease to execute it This impediment of Supersedeas lying after this sort as you haue séene in the waye to the Iustice of the Peace thus passed ouer let vs nowe suppose the partie serued with the precepte to come before some Iustice of the Peace and let vs enter into the taking of the Recognusance of him for that is one part of the execution of the Warrant for the Peace and may doe seruice whether the partie come to him that made the Precept or to any other The taking of the Recognusance for the Peace If the Iustice of the Peace deale in thys matter as a Iudge and by vertue of the Commission then the number of the Suerties the summe of their bonde their sufficientie in goods or landes the time how long he shall be bounde and some other such circumstances are referred wholie to his own consideration and if he be deceiued in the abilitie of the Suerties hée maye compell the parties to put in others Marrow The Commune manner is to take two Suerties desides the partie himselfe and good reason it is that those shuld be such as haue their names registred in the Booke of Subsidie for albeit that here and there some maye be sufficient that were not assessed to the Queene yet it standeth not well togither that hée shoulde become bounde to the Prince in tenne or twentie poundes that was not in the Subsidie found worth any thing at all But if he commmaunde the Peace as a Minister in execution of the Writts of Supplicauit then he must behaue himselfe as the Writte it selfe directeth him and that hath not bene alwayes after one manner for some forme commaundeth him to take sufficiente Manucaptors in any peine or sum to bée reasonably set by himselfe so that hée will bée aunswerable for it at his owne perill and some willeth him to take sufficient Suertie in a summe certainelye prescribed vnto him as a hundred poundes in all or euerie of them in twentie pounds as it may bée séene at large in the Register of Writtes Fo. 89. A Iustice of the Peace saith Maister Marrow maye take this Suertie by a Gage or Pledge which shall not be forfaited therby but paunded onely that the partie shall vnder a certaine peine kéepe the Peace whiche peine he shall forfaite it he breake the Peace And by his opinion a Iustice of the Peace may also take this Suertie by an obligation made to himselfe by the name of Iustice of the Peace For so shall it bée saith hée advsum Domini Regis But if it were made vnto him without his name of Iustice of the Peace that then it coulde not bée to the vse of the King vnlesse it had the words advsum Domini Regis Maister Fitzharbert on the other side in his Nat. Bre. Fo. 81. holdeth that suche an Obligation taken to the King by a Iustice of the Peace is nothing worth for a man can not bée bounde to the Prince sayeth he but onelye by matter of Recorde vnlesse he will afterwarde come into a Courte of Recorde and cònfesse it to bée his déede pray that it may bée Enrolled there But the new Statute 33. H. 8. ca. 39 hathe made a plaine law in these cases willeth that all Obligations and Specialities made for any cause touching the
1. E. 3. ca. 17 31. E. 3. ca. 14 1. E. 4. ca. 2 1. R. 3. ca. 4 And for this purpose the sayd Statute 1. E. 4. ca. 2. bindeth the Shirife to certifie to the Iustces of Peace at their next Scssions the Enditementes founde in hi Turne or Lawdaye It séemeth also by way of admitting in the Booke 27. H. 8. 2. that the like ought to be done of the Presentments of felonie in any Leete by vertue of the said Statute of 1. E. 4. ca. 2 But that is further to bée enquired of for I find no better Warrant for it This is certaine that Iustices of the Peace ought to receive Enditementes found in any Lectes or Lawdayes vpon the Statute made for the bréeding of horses to which end also the Courtholders of such Leetes are bound to certifie the same vnto them within the spare of forty dayes 32. H. 8. ca. 13. Iustices of the Peace have none auctoritis to receiue an Enditement of the killing of a man se defendendo sayth Stamf. 15. as he had heard say But enquire further thereof for though it be not felonie as appeareth by the Statute of Glo. c. 9. Yet be their other words in their Commission large enough to giue them power to heare and determine such an offence But they are not to receiue an Enditement of the killing of a Hart proclaimed for the Iurisdiction of it belongeth to the Iustices of the Forest 21. H. 7. 30. Fineux And as it séemeth they may reject an Enditement that findeth any matter of Recorde as Vtlawrie or such like unless it be shewed vnto the Iurours sub pede sigilli for Iurours are to finde matters in déede onely and not of Recorde 1. H. 7. 6 3. H. 7. 1. 10 And so if the Shirife will offer Enditementes of Liueries Rauishment of Women or of Felonies by Statutes or of such other causes whereof they haue no power to enquire in their Turnes the Iustices of the Peace ought to relect them 4. E. 4. 31 8. E. 4. 5 22. E. 4. 22 Stanford 87. Thus much for the better remembrance of our Iustice of the Peace I thougt to say of Enditementes the rather because it behoueth him to Iudge of them and for that they be the chiefe grounde worke whereupon the whole Triall is afterward to be built and framed Of the Presentementes and Informations of Officers and other men CAP. VI. HAuing shewed how these Iustices take knowledge by the labour of Iurours in Enquests it followeth to declare also howe they may have understanding by other men And that is to be done either by the presentment of persons publicque or by the information of priuate men In some cases therfore these Iustices may heare one an other for euerie Iustice of the Peace may vppon his proper knowledge make Presentment at the Sessions of any offence done against the Actes 2. 3. Phil. Mar. ca. 8 5. Eliza. ca. 13. concerning the amendment of the High wayes Presentmets of Iustices of peace and constables And in this such like cases his reaport hath the force of a Presentment of twelue men So that he and his fellowes may procée vpon it 21. H. 6. 5. Of like value is a Presentment made at the next Sessions by Searchers appoynted to examine the true making of Tile 17. E. 4. ca. 4. And of like strength also as I thinke is the presentment of the Constables concerning sundrie poinctes contayned in the Statute of Winchester 13. E. 1. This Court may also bée given to vnderstande by the meanes of priuate men and that eyther for the Queene onely or for the Queene and them selues or in some speciall causes for them selues without the Queene InformatioÌ„ by priuate men That which is for the benefite of the Queene or for hir and the partie is sometimes moued by the free offer of him that openeth the matter and sometimes wrought by commaundement of the Court. The frée motion of the partie is sometimes by word only which is properly but a Suggestion and sometimes by writing named a Bill plaint Complaint or Information all which be not alwaies of one force in this businesse Free Voluntarie information For albeit that we reade 1. E. 5. 6. that the Courte of Chauncerie will sometimes both take knowledge and also award Processe vpon an Information by word in the behalfe Of the Prince and that 39. H. 6. 41. also admitteth such a matter Yet I thinks that before Iustices of the Peace these suggestions and Informations both bée they by worde or writing are but of the force to stirre up the Iustices to recommende the cause to the Enquest and not to award any Processe vpon them unlesse it be in certaine causes where that validitie is specially giuen them by the Statutes as you shall hereafter perceiue There was once a time I confesse when Iustices of the Peace might haue awarded Processe vpon an Information for the King only of offences against any penall lawes euen as they may yet vpon Enditementes against the Peace But that lasted not long and therfore that course is holden now in speciall Statutes only Neuerthelesse at cuerie Sessions sayth Iudge Prisot 35. H. 6. 15. the Iustices of the Peace do vse to make Proclamation that if any will informe for the Prince he shall be hearde and thereupon any man may come in and may both informe the Iustices of the Peace and giue euidence to the Enquest without daunger of Conspiracie by the opinion of the Court in the last said booke And as that which ariseth vpon Presentment or Enditement is properly called the sute of the Queene So this Other whether it be by Bill plaint Complaint or Information is most aptly tearmed the sute of the partie at whose sute the Iustices Of the Peace may heare of the abuse of Innekeepers and Victuallers and of Extortions and Regratories and perhappes of higher offences also either for him selfe or for the Queene but of the other Articles in the Commission at the sute of the Queene only by the expresse forme of the words in the last Assignauâ—mus of the Comission of the Peace But therein among other some amendment if I be not deceiueb is to be desired if it be not ment the they shall hold plea of Appeales betwene party party which the Statute 8. H. 6. c. 10. séemeth also to allow unto them In other Statuts at large such rules are to be followed as they them selues do prescribe And in this Information the Statute of Additions 1. H. 5. ca. 5. séemeth vpon the bare words to haue no place for Informations be not mentioned in it and vpon that reason the Court 13. H. 7. 21. did holde it cleare that if Rescous bée retourned by the Shirife against certaine persons wtout their Addititions yet in the case they may well be Vtlawed vpon it The other compulsorie informatioÌ„ groweth by examination Of witnesses called into the Court and is
bene the Law of the lande long before that time saying that Misericordia Domini regis est qua quis per inramentu legalium hominum de Viceneto eatenus amerciandus est ne aliquid de suo honorabili coÌ„tenemento amittat But where the offence or Contempt falleth out to be so great that it asketh the imprisonment of the bodie it selfe and that during the Kings will and pleasure then is the partie to redéeme his libertie with some portion of money as he can best agrse with the King or his Iustices for the same which composition is properly called his Fine or his Raunsome in Latine Redeptio as may be plainly séene by the Statue of Marleb 52. H. 3. ca. 1. 2. 3. 4. And by the Statute called Ragman and diuerse other auncient Statuts But of later time the Iustices ahue in sonie cases of Amercements also vsed to assesse and rate them selves without any other helpe As where the Dssicers of their Courts haue offended 33. H. 6. 54 34 H. 6. 20 Lo. 5. E. 4. 5. which séemeth to make an other difference betwene the two wordes But because neither of these be strictly obserued in our common spéeche nor yet in the vndersranding of the Statutes of later time I will no longer stand vpon it Nowe then if the offence be Fineable by generall wordes onely without speaking of any Fine or without shewing by whom it shall be assessed for so it is commonly in the elder Statutes that do prohibite any thing to be done there the assessement thereof belongeth to the Iustices before whome the Conuiction is lawfully had Fine by diseretion of the Iustices Again if it be Finable by these or such like wordes at the Kings will or At the Kings pleasure as you shall find it in many Statuts then also the same Iustices before whom the Conuiction wag shal assesse the Fine at their wills and pleasures for say the Bookes 2. R. 3. 11 18. H. 8. 1. the King in all such cased bttereth his owne will and pleasure by the mouthes of his Iustices And yet some Statutes vsing playner spéech do namely referre the Fine to the discretion of the Iustices of Peace For they may after Conuiction before them Fine by their discretions such as take Salmons or destroy the Fry of Fishe in Kiuers against the Statutes Destroy the Fry of Fish W. 2. cap. 47 13. R. 2. c. 19 17. R 2. c. 9. And as this is sayd of the Fine so sundrie Statutes doe giue the same power to the Iustices of Peace in the execution of the corporal punishment it selset as you haue already heard in the case of counfeiters of false letters or tokens and may reade in oter the Statutes at large For I labour to be short and therefore I giue but an assay of eche thing knowing that these Iustices will not procéede to the execution of any Statute without the sight of the Statute it selfe howsoeuer they should finde it alleaged by me And in these cases as in cases of Amercementes the Iustices ought to take héede that the Fines be reasonable and just hauing regrade to the quantity of the trespase and the causes for which they be made as it is commaunaded by the Statute 34. E. 3. ca. 1. This Fine or peine awarded by the discretion of the Iustices of Peace shall doe the more good both to the Prince in profite to the people in example and to the Iustices themselues in credite if it bée pronounced-at the Benche openly as it ought to bée and not shuffled vppe in a Chamber or Corner secretely as in some places it hath béene bsed to bée Fine to be assessed openly I haue heard that in cases where the Statutes doe appoynt a certayne forfeiture as fiue pounos or fenne poundes c. yet the prartise is to mitigate the same by discretion if so bée that the partie will come in and put himselfe in gratiam Reginae without playne confession of the faulte as I have folde you before Mitigatioa of the forfeiture of a Statute So that the Fine shall bée small where the fault was great and the penaltie of the Law it selfe not small But this maner of doing is in my mind so voide of saunde reason that I can not recoÌ„mende it to the Iustices of Peace but doe rather condemne it as a mockerie of the Law and I finde that sundry Statutes fearing belikw some suche thing haue specially preuented it comnaunding that Iustice of the Peace shall assesse no lesse Fine than is in those Statutes them selues before hande appointed Such is the Statute 17. E. 4. cap. 4 of Tiles the Statute 33. H. 8. ca. 6. of Crossebowes and hand Gunnes and the Statute 5. E. 6. ca. 25. concerning Alcheuses and such others may be found if the Books of Statuts be well perused But hitherto we haue not sufficiently performed that which the Commission of the Peace hath in these wordes Saluis nobis amerciamentis aliâ—s ad nos inde spectantibus and therefore it is not enough to haue assessed the Fine but we must also disclose the meanes by which as well this Fine that is reduced to certainetie by the discretion of the Iustices as all other Amercementes those other penalties and forfeitures that are certainly prefined by wordes of the Statutes may be leuied and brought into the Princes coffers Estreating for the Qucene Order was taken by an auncient Statute intituled de Scaccario and noted to be made 51. H. 3. that all Iustices Commissioners and Enquirers whatsoeuer shoulde deliuer into the Eschequer at the feast of S. Michael yerely the extracts of Fines and Amerciaments taxed and mafe before them that the King might be duely aunswered thereof and the same in effect was after ward confirmed by an other Statute intituled De formamittendi extreta ad Scaccarium which although it be sayd to be made 15. E. 2. Yet forasmuch as it mentioneth that the former Statute was made in the time of the father of that King which made the later it must néedes be that either the one or the other of them was made in the time of King E. 1. No doubt but this ordinance doth extende to the Iustices of Peace as a man may easily gather by words in the Statute of Labourers 5. Elizab. ca. 4 and the act of Sewers 13. Elizab. ca. 9. and other Statutes But because it is verie generall and hath nothing peculiar vnto them from other Iustices I will descende to lower times and looke there for nearcr helpes The Statute 12. R. 2. ca. 1 had allowed to eucrie Iustice of the Peace foure shillings by the daye for the time of their Quarter Sessions to bée payed by the handes of the Shirife of the Fines and Amerciamentes comming of the same Sessions But because it was soone after séene that it was a great delay to the Iustices of Peace in this paymente to expecte the leaying of these Fines