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/29

Chap. 3. 5. He may take a Recognizance (for the Peace, &c.) which is a Matter of Record, Lamb. 67, and which none can do but a Judge of Record. See ''Br. Recog.'' 8, & 14.

6. His Record (or Teftimony) in fome Cafes is of as great Force as an Indictment upon the Oath of twelve Men, and in fome other Cafes of greater Force than an Indictment. See hereof Tit. Force, Highways, Peace and Riot.

7. He also may make out Procefs upon Indictments, or Informations against Offenders, &c. and that out of their Sessions, (in some Cases) as you may see hereafter, Tit. Process.

Great Cause therefore have the Justices of the Peace to take heed that they abuse not their Authority, either to the Oppressing of the Subject, by making untrue Records, or Defrauding of the King, by suppressing the true Record.

By the Statute of 12 R. 2. cap. 10. there mould be but fix Justices of Peace (in every Commission of the Peace) with the Justices of Assise.

After, by the Statute 14 R. 2. cap. 11. it was ordained, That there should be eight Justices of Peace assigned, besides the Lords.

And two Lawyers (at least) shall be assigned in every County, to hear and determine Felonies and Trespasses done against the Peace. 18 E. 3. c. 2. 34 E. 3. c. 1. & 17 R. 2. c. 10.

Also Justices of Peace ought to be resiant and dwelling within the same County, (except Lords and Judges, &c.) 2 H. 5. c. 4. & 2 H. 5. Stat. 2. c. 1.

Authority given to Justices of Peace ought to be pursued, and so it ought to appear in their Orders. 2 Salk. 475.

Their Orders being judicial Acts, are only voidable, for they continue Orders till avoided. 2 Salk. 475.

By the Statute 5 Geo. 2. c. 18. No Person shall be capable of being a Justice of Peace for any County in England or Wales, who shall not have an Estate of Freehold or Copyhold in Possession, for Life, or some greater Estate, or for Years determinable upon Life; or for a certain Term originally created for Twenty-one Years or more, in Lands or Hereditaments in England or Wales, of the yearly Value of 100 l. above Incumbrances.

No Attorney, Solicitor or Proctor, shall be capable to be a Justice of Peace in England or Wales, during such Time as he shall continue in Practice.

If any Person not qualified by this Act, shall do any Act as a Justice of Peace, he shall, for every Offence forfeit 100 l. one Moiety to the King, the other to him that will sue.

This Act shall not extend to any City, Town or Liberty, having Justices of Peace within their Limits; nor to Lords of Parliament, their eldest Sons, nor Persons qualified to be Knights of a Shire by Stat. Annæ, c. 5. See also SeB. 6 & 7. of this Act, some other Exceptions, with respect to the Green Cloth, Commissioners of the Navy, the two Under Secretaries of State, and the Heads of Colleges.

And by 7 Geo. 2. c. 10. Sect. 3. the Act of 5 Geo. 2. c. 18. shall not extend to deprive the Vice-Chancellor of the University, or the Mayor of Cambridge, from being Justices of Peace in the County.

Of Peace.

EACE, in Effect, (saith M. Fitzh.) is the Amity, Confidence, and Quiet that is between Men; and he that breaketh this Amity or Quiet, breaketh the Peace.

Yet Peace (in our Law) is taken for an Abstinence from actual and injurious Force; and so is rather a Restraining of Hands, than an Uniting of Minds. And for the Maintenance of this Peace chiefly were the Justices of Peace first made.

The Breach of this Peace seemeth to be any injurious Force or Violence moved against the Person of another, his Goods, Lands, or other Possessions, whether it be by threatning Words, or by furious Gesture, or Force of the Body, or any other Force used in terrorem.

The Office of the Justices of Peace is principally to be exercised to the Keeping of the Peace, and suppressing and bringing to Punishment Persons using such injurious and unlawful Force or Violence. And yet (the Commission of the Peace being pro