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/28

6 7. Preumption; when without Law they (preuming of their own Wits) proceed according to their own Wills and Affections. There is more hope of a Fool, than of him that is wie in his own Conceit. Prov. 26. 12.

8. Delay; which in Effect is a Denying of Jutice. Negligentia emper habet comitem infortunium, & mora trahit periculum.

9. Precipitation, or too much Rahnefs; when they proceed hatily; without due Examination and Conideration of the Fact, and of all material Circumtances, or without hearing both Parties : For the Law judgeth no Man before it hear him. John 7.15. And, the Philoopher could ay, Qui aliquid tatuerit, parte inaudita altera, Æquum licet tatuerit, haud æquus et; He that hall judge or determine of a Matter, the one Party being unheard, although he hall give jut Judgment, yet he is not a jut Judge. And again, Omnia non properanti clara certaque fitunt, Fetinatio autem emper improvida ac cæca et;,all Things are plain and certain to him that is not raih nor heady; but Hate is always improvident and blind. See Deut. 17. 4. Eccleati cus 11. 7, 8. and Prov. 18. 13.

All thee, King James hath hortly, yet fully oberved in his Charge given to the Judges, c. charging them that they do Jutice uprightly and indifferently, without Delay, Partiality, Fear or Bribery, with tout and upright Hearts, with clean and uncorrupt Hands; and yet not to utter their own Conceits, but the true Meaning of the Law, not making Laws, but interpreting the Law, (and that according to the true Sene thereof and after deliberate Conultation,) remembring that their Office is jus dicere, and not jus dare.

According to this lat alo is the Rule given in the Book of Judges, c. In all Caues doubtful, firt to conider of the Matter, to conult, and then to give Sentence: Which Sentence mut be agreeable to the Merits of the Caue and Crime, ele it is not equal.

Yea, God himelf hath given us Precedents of uch deliberate Proceedings; as you may ee in Geneis, chap. 3. ver. 8, &c. and chap. 18. ver. 21.

Thee are worthy Directions for all Jutices of Peace, and other Magitrates, that they carry themelves in their Places uprightly and indifferently, not uttering their own Con- ceits, nor upon the udden to over-rule Things, but after deliberate Conideration and Conultation, then to proceed to execute the Authority committed to them.

Now there be four eential Properties required in Magitrates and Jutices, viz.

1. They mut be Men of Ability, Body and Etate, and of Courage for the Truth, and in the Truth.

2. They mut be Men fearing God; not eeking the Place for Honour or Commodity, nor repecting Perons, but the Caue.

3. They mut be Men dealing truly, earching out all the Truth, and hating Covetounes.

4. They mut judge the People at all Seaons, uing all Diligence in hearing and ending Caues; and not to neglect the Publick, for private Employments, or Eae. See Exodus 18.21, 22. and Job 29. 12 ad 17. For they bear not the Sword in vain. Rom. 13. 4.

Jutices of Peace are Judges of Record, appointed by the King to be Jutices within certain Limits for the Conervation of the Peace, and for the Execution of divers Things comprehended within their Commiion, and within divers Statutes committed to their Charge.

Now, firt, that the Jutices of Peace are Judges of Record, (yea, that every Jutice of peace by himelf is a Judge of Record, and one upon whole ole Report and Tetimony the Law repofeth itelf very much) appeareth more plainly, if you oberve thee Things following:

1. He is made under the Great Seal of England, which is a Matter of Record.

2. Every Jutice of Peace hath judicial Power given unto him by the Commiion, c. in the firt Aignavimus . 3. Alo by ome Statutes they have judicial Power given them; for they may make a Record of a Force by them viewed, and may thereupon fine and imprion the Offenders; yea, one Jutice of Peace in ome Caes, may alo hear and determine Offences, and punih an Offender as convict upon his own View, or upon the Confeion of the Offender, or upon Examination and Proof of Witnees. Vide Tit. Forcible Entry. 4. His Warrant (tho' it be beyond his Authority) is not diputable by the Contable, or other inferior Miniter, but mut be obeyed and executed by them. But this mut be undertood when the Jutice of Peace hath Juridiction of the Caue, for or concerning which, he hath granted his Warrant; for otherwie the Contable or other Officer executing their Warrant, eemeth to be punihable. Vide Tit. Warrants. 4