they feldom proceed further in relation to any felonies, though within their commiffion, except only petty larcenies Page 59 56 Juftices of the peace in England may commit an offender against the Irish law for felony, in order to be sent to Ireland, the offence being committed there 59 (N) 7 57 A juftice of the peace cannot take a perfon from the cuftody of the king's bench and fend him to the county gaol, but he may, by his warrant, charge him criminally where he is in cuftody ibid. ibid 59 Juftices may take an inquifition of murder if the body cannot be found 71 tices of the peace for being an extor tioner or a night-walker, and haunter of bawdy-houfes Page 61 Juftices of peace have jurifdiction over all inferiour crimes whether mentioned in their commiffion or not, as being 61 f. 39 against the peace 72 By 7 Jac. 1. c. 5. if an action fhall be brought against any juftice or officer for any thing done by virtue of their office, they may plead the general iffue and give the fpecial matter in evidence, and if the plaintiff does not recover, the defendant fhall have double cofts 61, 62 58 Two juftices may take a recognizance 73 Secretaries of ftate and privy counfellors are rot magiftrates, nor is a for felony on the high feas, &c. &c. king's meffenger an officer within the protection of this aft 61 (N) I 74 Before the double cofts are allowed it must be certified that the defendant was acting by virtue of his office, except in the cafe of a special verdict where it is fo found 62 Note in marg. ibid. 60 Of the POWER OF JUSTICES IN TREASON, PREMUNIRE AND MISPRI SION 61 None of thefe offences are within their commiffion, yet, being against the peace, any juftice may app:ehend the offender &c. power 59, 60 62 They may also take the examination of fuch offenders, and the information of witneffes, and bind them over, &c. pursuant to ftatutes of Phi!. & Mary 6c 63 By 3 Hen. 5. c. 7. jullices of the peace fhall have power by the king's commiffion to inquire of falle money, 60 f. 35 64 By 5 Eliz, c. 1. they may enquire of the offence of maintaining the Pope's 60 f. 36 65 By 13 Edw. 1. c. 8. they may inquire of offences touching the fupremacy, &c. 60 f. 37 60 f. 38 66 Of INFERIOUR OFFENCES 67 Juftices of the peace are empowered to hear and determine all trefpaffes; which comprehends all inferiour of fences against the peace ibid. 68 By the common law juftices of the peace have no jurifdiction over forgery 61 or perjury; the reason of it 69 Libels are indictable before juftices of the peace ibid. 70 A person may be indisted before jus 75 By 21 Jac. 1. c. 12, the above a is extended to church wardens and overfeers, and it is ordained that the plaintiff fhall lay his action in the county where the fact complained of was committed; and if he do not prove it to have happened in fuch county, the defendant fhall be acquitted 62 f. 41 75 Justices cannot be trefpaffers on account of what the officers do; inftance in which an action will lie 62 (N) 8 77 By 24 Geo. 2. c. 44. no writ or procefs fhall be ferved by a fubject on any juftice, &c. until notice in writing fhall have been given to him one month before fuing out the fame; in which notice, the cause of action shall be expreffed, and on which shall be indorfed the attorney's name 6z f. 42 78 And one month after notice, the juftice may tender amends, which, if not accepted, he may plead in bar of the action, together with the general iffue, or on fufficient tender being proved, the defendant shall be acquitted. N. B. the plaintiff muft prove that notice was given 62, 63 79 If the defendant neglect the tender of amends, he may, by leave, pay it into court; 91 iffue a warrant for offences within the cognizance of feffion only Page 65 (N) For the power of jullices of peace in fellions (Vide Sions) 65 to 69 23 A commiffion of the peace is not de- court; the plaintiff cannot give in evidence any other caufe of action than that contained in the notice 80 No action fhall be brought against any Page 63 1.44 officer, &c. for any thing done in obe-92 dience to a juftice's warrant, until demand in writing hath been made of the perufal and copy of fuch warrant, and the fame has been refused for fix days; and if complied with, the production and proof of fuch warrant at the trial fhall intitle the defendant to a verdict, &c. 81 If fuch action fhall be brought jointly 63, 64 against the justice and officer, the proof of the warrant fhall acquit the officer, notwithstanding any defect of jurifdiction in the juftice; and if the verdict fhall be given against the juftice, the plaintiff fhall have his cofts 64 296 f. 16 JUSTICIER.-Vide King's Bench. JUSTIFICATION. - Vide Justices of 82 And if the judge certify that the in- KING.-Vide Indiament. Pardon. Chal- 64 f. 46 83 It is incumbent on the juftice to fhew his proceedings regular, and he is bound to produce and prove the information and other document at the trial 62 2 3 1. 42. N. in marg. 84 If it does not appear that the action is for fomething done by the juflice, &c. in the execution of his office, the court will fix the time to plead ; but if it appear in the notice, it is fufficient 63 f. 44. 85 If a juftice makes a warrant in a cafe N. in marg. 4 plainly out of his jurifdiction, fuch warrant is no juftification to the officer 5 N. in 86 But if a juftice exceed his authority, marg. the warrant will indemnify the officer, 6 for he is bound to execute it 64.47 8 63 f. 45 N. in marg.7 87 By 18 Geo. 3. c. 19. juftices are authorifed to award cofts upon complaints brought before them 88 In what cafe and proportion the colts fhall be deducted from the amount of the penalty 89 Where a special authority is given to 64, 65 juftices out of feffions, it ought to ap-9 pear in their orders that the authority is exactly pursued 90 Quere, if justices out of feffions may 65 (N) VOL. II. lenge. Courts. The king is the fupreme magiftrate of the kingdom, and entrusted with the whole executive power of the law I f. 1 No court can have any jurisdiction, unlefs it fome way or other derive it from The king cannot fit in judgment upon the king ibid. any indictment, because he is a party, and he has delegated all his power to his judges 10 I f. 2 2 21.5 The king cannot alter the certain and ibid. 3, 4 The king ftill continues the principal confervator of the peace; but he can not 3 F take take a recognizance of it Page 43 f. 14 11 The king, by his commiffion, may authorife whom he pleates to execute an act of parliament 52 12 The king's lands, while they continue in his poffeffion, are wholly out of the jurifdiction of the sheriff's torn, and of all fuch courts 96 f. 26 13 Whether those who are taken by the commandment of the king are replevifable (Vide Bail, No. 107.) 151.165.169 14 How far the king's pardon will bar a qui tam 392 15 Sanctuary could only be claimed by grant from the king, made or allowed in eyre fince the time of memory 5 6 7 472 f. 3 16 The king may fue in what court he pleafes ch. 27 f. 27 17 Wherever the king appears to have been deceived in his grant, it is void 557 1.46 18 Where the king is a party, there can be no procefs by provijo 574 19 The king may inult upon a nifi prius; but neither nifi prius or tales are grant-8 able without his confent 576, 378. f. 3 in Notes 20 The king fhall not be bound by a itatute which does not exprefsly name him 5781. 3 21 The king is a party in every indict-9 ment, and alfo, in fome fort, in ap. peals 582 f. 10 p. 299 KING'S BENCH.-Bail. Appeal. Cer tiorari. The king's bench retains all the power which remained in the court of the high - jufticier, after the courts of exchequer and common pleas were feparated from it, especially the fupreme jurifdiction in all criminal matters 7 ch. 31 2 The king's bench is entrusted with the highest jurifdiction over ali capital of fences, mifdemeanors, public breaches of the peace, oppreffions of the fubject, and all factions, controverfies, debates, mifgovernment, or other crime, manifeftly against the public good 81. 3 31 his court is empowered to find redress for every injury ibid It is not neceffary to fhew a precedent This court is not confined to make use ibid. The king's bench may proceed on indictments found before any other courts, and removed into it by certiorari, as well as on indictments and informa tions originally commenced in it, &c. 8,9 A ftatute which appoints that crimes of a certain denomination fhall be tried before certain judges, does not exclude the jurifdiction of the king's bench without exprefs negative words 9. 382 f. 30 Where a ftatute creates a new offence, and creates a new jurifdiction, prefcribing a certain mode of proceeding for the punifliment of it, it is quefiionable whether the king's bench has concurrent jurisdiction ibid. 10 A record removed into the king's bench cannot regularly be remanded after the term; but the judges, to prevent a delay of juftice, may refufe to receive it, &c. 91.7 11 The king's bench may grant a nifi prius, as well in cafes of treafon and felony as in other cafes; and in fuch cafe the tranfcript of the record only is fent down to trial ibid. 578 1. 2 12 By 6 Hen. 8. c. 6. the king's bench may remand and fend down, as well the bodies of all felons and murderers brought before them as their indictments, into the counties where the offence fhall have been committed, and may may command the juftices to proceed in the trial thereof, as if the fame had never been removed Page 9, 10 3 This ftatute fhall not extend to high treafon 10 f. 9 14 The king's bench is the highest court of common law, and hath power to reverfe erroneous judgments of all inferior courts, and to punish all inferior magistrates, and all officers of jullice for corrupt abufes of their authority, but not for mere mistakes, &c. 10 f. 10. 405 f. 22 15 The king's bench, being the fupreme court of oyer and terminer, gaol-delivery, and eyre, fufpends the power of all other courts of this kind in the county wherein it fits, during the time of its fitting, and renders all their proceeding void 10 f. 11. 203 f. 18 16 But fech juftices may proceed upon indictments taken in a foreign county, and removed before them, or if taken before the term; fed quere, if it is not fafelt to have a special commiflion for this purpose 10, 11. 22 f. 3 27 Where perfons put in feigned bail fo as not to be reached by 21 Jac. 1. this court may order the parties to be fet on the pillory ibid. The king's bench may order one who is not a party to the caufe to attend the mafter 17 By 25 Geo. 3. c. 18. the feffion of oyer and terminer, and gaol-delivery of Newgate in Middlefex, if begun be-28 fore the effoin day of any term, shall not be fufpended, &c. by the fitting of the king's bench on the commencement 29 The king's bench may compel the of any term production of examinations, books, papers, &c. 18 All procefs upon writs of appeal or indictments removed into the king's bench by certiorari ought to be made returnable coram nobis ubicunque fueri mus 19 All process upon bills of appeal of one in cuflodia marefchalli, and upon indictments commenced in the king's bench, ought to be returnable coram nobis apud Westmonafterium ibid ibid. 30 In what cafes the king's bench may punish offenders by attachment 213 C. 22 11f. 1231 The proceedings before juftices of oyer ibid. 232, 233 20 Where the king's bench proceeds on an offence committed in the fame county wherein it fits, the process may be made returnable immediately ibid. 21 Procefs on an offence removed into the king's bench by certiorari from a different county must have have fifteen days between the tefte and the return ibid. 572 f. 3 3 F2 3 be brought (Vide Appeal, No. 89 to 105.) In what cafes larceny is bailable (Vide 35 After an amerciament hath been ef treated into the exchequer, and a par don been there produced and denied, 2 the party, by babeas corpus cum caufa, 157, 158 may have it allowed in the king's bench In what cafes larceny is excluded from Page 562 f. 69 clergy (Vide Clergy, No. 59 to 87.) 36 No jury can be returned into the king's 489 to 493 bench from a foreign county, without If a man appear obftinately mute on an proper process under the hand of the arraignment for petit larceny, he shall chief justice; if for an indictment in have the like judgment as if he had fame county, quere, if a jury may not confeffed the indictment 464 f. 10 be returned by a bure preceptum eft, &c.5 Perfons convicted of larceny may be returnable in mediately 572 f. 2, 3 fent to the house of correction, or tranf 37 A writ of er or lies in the king's bench ported (Vide Clergy, No. 164. Trans of an attainder before the lord high portation) 513, 514 fteward 655 f. 16 6 Where an acquittal or conviction of lar38 The king's bench may not only award ceny is pleadable to a second profecu. execution against perfons attainted tion (Vide Autrefois Acquit, No. 8. 11.) there, but also against perfons attainted in parliament, or any other court of record 656 39 In what manner the body, &c. mult be removed ibid. 40 If a peer be convicted in parliament, and the day of execution elapfe before execution done, the king's bench may appoint a new time of execution, the parliament not fitting (N) 41 How far the king's bench may proceed in the trial of a peer 42 The king's bench may award procefs into any county in England 400 KNIGHT. 597 1 By fat. Weft. the moft loyal and wife LATCHES. No latches is imputable to the king 574 LARCENY.-County. 526 7 In what cafes those who fhall apprehend and convict perfons guilty of larceny are intitled to a reward (Vide Reward) 124, 125, 126 8 Where accomplices difcovering and giv ing evidence against perfons guilty of larceny are intitled to a pardon (Vide Pardon) 9 540 On an indictment for grand larceny the jury may find the prifoner guilty of petty larceny only 624 f. 6 10 So alfo where the larceney is oufted of clergy, and laid capitally, the jury may find him guilty, but not of the ca pital part (Vide VerdiЯ) 624 11 The goods of a perfon guilty of petit larceny became forfeited on a fugam fecit, or default to the exigent (Vide Forfeiture) 639, 640 LATIN. In what inftances an indictment was vitiated by falfe or improper Latin, and where fuch a defect was helped by an Anglicè, while the proceedings of law were in that language (Vide English) 268. 271. 278. 338 to 342. 437. LEET.-Vide Court Leet. Torn. i In what cafes an appeal of larceny may 1 A court leet is a court of record having the |