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/27

Chap.2. but alo all Offences againt the Peace, &c. as may appear in Our Law Books, and epecially in M. Fitz. Tit. Corone, amongt the Iter North' & Canc'.

For although in our Annals, it is reported that William the Conqueror ordained Juces of the Peace about ''An. Dom.'' 1070. ''An. quarto'' of his Reign; yet the Jutices of Peace had not their Being till almot Three hundred Years after, viz. ''An. Dom.'' 1327. at which Time Jutices or Commiioners of the Peace were firt created by the Statute 1 Ed. 3. c. 16. By which Statute it was ordained, That in every Shire of the Realm certain Perons hould be aigned (c. by the King's Commiion) to keep the Peace. And their Authority was after enlarged by the Statutes 4 Ed. 3. c. 2. 18 Ed. 3. c. 2. and 34 Ed. 3. c. 1. And by many other Statutes made ince in every King's Reign. And by the aid Statute of 34 Ed. 3. 1. were they firt enabled to hear and determine (at the King's Suit) all Manner of Felonies and Trepaes: And each County had now its proper Commiioners for the Peace, whereas before the Commiions to the Jutices of the Peace were not made everally into one Shire, but ometime jointly to undry Perons over undry Shires.

And by the Statute 2 H. 5. c. 1. Stat. 2. Jutices of Peace hall be made of the mot ufficient Perons dwelling in the ame Counties, by the Advice of the Chancellor and King's Council.

But the Statute of 36 E. 3. c. 12. is the firt Statute that nameth them Jutices of the Peace. For the Statutes of 2 Ed. 3. c. 6. and 25 Ed. 3. c. 6, 7, 8. peaking of Jutices, eem not to be of our Jutices of Peace; but that of 2 Ed. 3. as alo the Statute of Wincheter, cap. 1. therein mentioned, to be meant of Jutices Itinerants, or Jutices in Eyre; and the other of 25 Ed. 3. to be meant of Jutices or Commiioners pecially aigned for Servants and Labourers. See for this lat, Lamb. 24. & 577, 578. and the Statutes of Labourers made 25 E. 3. c. 6, 7, 8. and of 42 Ed. 3. c. 6. ''Ratal. fol.'' 233. a. b. d. They be called Jutices becaue they be Judges of Record, and withal to put them in Mind, (by their Name) that they are to do Jutice, which is, to yield to every Man his own according to the Laws, Cutoms, and Statutes of this Realm, without Repect of Perons. See 2 Car. 19. 6, 7.

They are named alo Commiioners of the Peace, becaue they have their Authority by the King's Commiion.

The Name in Latin, Cutodes pacis, is equivalent to that of Juticiarii pacis, as was reolved Pach. 10 ''Jac. B. R. the King againt Litle, where upon a Certiorari, it was returned quod ad general, &c. coram A. & B. cutodibus pacis, Dom. Regis, &c. an Indictment was found, and this taken for an Exception that ome were Cutodes pacis'', that were not Juticiarii pacis, yet the Exception was dfallowed. Rolls 2. p. 95 It hath been reolved, That the Decription of Jutices of Peace by the Name of Juticiarii Domini Regis ad Pacem conervandam, &c. is good without aying ad Pacem Domini Regis, for that is neciarily implied. The King and Hawkins, Mich. 3 Geo. 1. 2 ''Hawk. P. C.'' 38.

And here it hall not be amis hortly to put our Jutices of Peace in mind, how Jutice may be perverted many Ways, (if they hall not arm themelves with the Fear of God, the Love of Truth and Jutice, and with the Authority and Knowledge of the Laws and Statutes of this Realm.) As namely,

1. By Fear; when fearing the Power of another, they do not do Jutice. Deut. 1. 17. Ye hall not fear the Face of Man, for the Judgment is God's, who is Capitalis Juticiarius totius Mundi, Chief Jutice of Heaven and Earth, and they are his Lieutenants.

2. Favour; when they feek to pleafe their Friend, Neighbour, or other, Deut. ibid. ''Ye hall have no repect of Perons in Judgment. Thou hlt not favour the Peron of the Poor, nor honour the Peron of the Mighty, but judge jutly.'' Levit. 19. 15.

3. Hatred or Malice againt the Party, or ome of his. Levit. 19. 18. Thou halt not avenge, nor be mindful of wrong.

4. Covetounes; when they receive or expect Fee, Gift or Reward; for as the wie Man faith, Rewards and Gifts do blind the Eyes of the Wife, and make them Dumb, that they cannot reprove Faults.

5. Perturbation of Mind; as Anger, or uch like Paion. James 1.20. The Wrath of Man doth not accomplih the Righteounes of God.

6. Ignorance, or want of true Undertanding of what is to be done. Ignorantia mater Erroris. {{rh||C|7.Pre{ls}}mp}}