Page:The country justice. containing the practice, duty and power of the justices of the peace, as well in as out of their sessions.djvu/24

2 There be others who, by Virtue of their Offices, have the Conſervation of the Peace, but yet only within the Precinct of their ſeveral Courts: As namely, the Juſtices of the Court of the Common Pleas, the Barons of the Exchequer, and the Juſtices of Aſſize and Gaol-Delivery. And any Perſon may pray the Surety of the Peace before any of theſe in their Courts: And if the Party be preſent, or within the Place or Precinct of their Court, or within their View, they may ſend the Warden of the Fleet, or other Officers attending their Court, to bring the Party before them, and they may take Surety of him; and if he ſhall refuſe to find ſuch Surety, they may commit him to Priſon. See Sir F. Bacon, pag. 12.

Alſo the Juſtices of Aſſize, if the Peace happen to be broken in their Prefence and Precinct of the Court, may command the Offender to Priſon. And if Complaint be made to them that A. is minded to break the Peace, or elſe if they do perceive the ſame in their Preſence, they may command the Parties upon a certain Pain to keep the Peace, and that Weapons be taken from the Jurors or Witneſſes that appear before them. But as they be meerly Juſtices of Aſſize, they may not award any Proceſs or Warrant for the Peace, neither may they take Sureties of the Peace. Lamb. 13.

Alſo the Steward of the Sheriffs Turn, the Steward of a Leet, and the Steward of a Court of Piepowder, are Conſervators of the Peace within their ſeveral Courts; for every of them may commit him that ſhall make an Affray in their Preſence whilſt they be in Execution of their Offices; for theſe are Courts of Record; and ſo in all other Courts of Record. But none of theſe may grant any Warrant for the Peace.

And the Steward of the Sheriffs Turn, as alſo the Steward of a Leet, (during their Courts) may by Recognizance bind him to the Peace, that ſhall make an Affray in their Preſence, fitting the Court; and may commit him until he hath found Surety for the Peace; and may alſo take Examination of Felons, and commit them to the Gaol; and may alſo take the Preſentment of any Felony at the Common Law, committed within their Precinct, or of any other Offence againſt the Peace, except the Death of a Man. See ''Br. Leet'' 1, 2, 14, 18, 22, 26.

And ſo if any other Contempt or Diſturbance to the Court ſhall be committed in any of the ſaid Courts, or in any other Court of Record, the Judge (or Steward) there may impoſe upon ſuch Offenders a reaſonable Fine. See ''Br. Leet'' 14, 36.

The Sheriff, by the Common Law, is a principal Conſervator of the Peace in every Place within his County. And (upon Requeſt to him made) may command another to find Surety of the Peace, and may take the ſame Surety by Recognizance, and that ex Officio, and without any Writ of Supplicavit to him directed: And this ſeems to be by Virtue of his Commiſſion, which faith, Commiſimus vobis cuſtodiam Comitatus, &c. ''Vide Br. Judges'' 11. & Rccogn. 5, 14, 16, & 18.

Coroners alſo (by the Common Law) are Conſervators of the Peace within the County where they are Coroners: But they (as alſo all other the Conſervators of the Peace by the Common Law) have Power for the Keeping of the Peace only as the Conſtables have at this Day; viz. they may take Surety for the Peace by Obligation. Vide hic infra, 3 E. 4. 9.& 10 E. 4. & Tit. Forcible Entry, & Cromp. 6.

The High Conſtables of the Hundreds are Conſervators of the Peace within their ſeveral Hundreds and Limits by the Common Law. Cromp. 6 & 222. 12 H. 7. fol. 18.

And therefore theſe High Conſtables, at their petty Seſſions, for any Affray made in Diſturbance of their Court, may impriſon the Offenders. Co. 11, 43, 44.

Every Petty Conſtable within the Limits of their ſeveral Towns are Conſervators of the Peace (at the Common Law) by Virtue of their Office. Vide Tit. Affray and Forcible Entry.

And theſe Petty Conſtables may do what they can to keep the Peace; but they cannot take Surety of the Peace at the Requeſt of any Man. Yet ex Officio they may cauſe ſuch as in their Preſence are about to make an Affray, to find Sureties to keep the Peace; and that as well before the Affray as after. See Cromp. 6 & 222, & 12 H.7. fol. 18. a. & hic postea.

There be other Officers of like Authority to our Conſtables: As the Borſholders in Kent; the Thirdborough in Warwickshire; and the Tithingman, and Borowhead, or Headborough, or Chief Pledge in other Places. But yet the Office of a Conſtable is diſtinct, and of greater Authority and Reſpect than thoſe other; as you may ſee by the Statute of 39 Eliz. 4. where the Tithingman or Headborough is to be aſſiſted in the Puniſhment of Rogues, with the Advice of the Miniſter, and one other of the Pariſh, whereas the Conſtable alone of himſelf, as well as the Juſtices of the Peace may appoint or cauſe Rogues