riots and affrays, in taking ſecurities for the peace, and in apprehending and committing felons and other inferior criminals. It alſo empowers any two or more of them to hear and determine all felonies and other offences; which is the ground of their juriſdiction at ſeſſions, of which more will be ſaid in it's proper place. And as to the powers given to one, two, or more juſtices by the ſeveral ſtatutes, which from time to time have heaped upon them ſuch an infinite variety of buſineſs, that few care to undertake, and fewer underſtand, the office; they are ſuch and of ſo great importance to the public, that the country is greatly obliged to any worthy magiſtrate, that without ſiniſter views of his own will engage in this troubleſome ſervice. And therefore, if a well meaning juſtice makes any undeſigned ſlip in his practice, great lenity and indulgence are ſhewn to him in the courts of law; and there are many ſtatutes made to protect him in the upright diſcharge of his office[1]: which, among other privileges, prohibit ſuch juſtices from being ſued for any overſights without notice beforehand; and ſtop all ſuits begun, on tender made of ſufficient amends. But, on the other hand, any malicious or tyrannical abuſe of their office is ſure to be ſeverely puniſhed; and all perſons who recover a verdict againſt a juſtice, for any wilful or malicious injury, are entitled to double coſts.
It is impoſſible upon our preſent plan to enter minutely into the particulars of the accumulated authority, thus committed to the charge of theſe magiſtrates. I muſt therefore refer myſelf at preſent to ſuch ſubſequent parts of theſe commentaries, as will in their turns comprize almoſt every object of the juſtices' juriſdiction: and in the mean time recommend to the ſtudent the peruſal of Mr Lambard's eirenarcha, and Dr Burn's juſtice of the peace; wherein he will find every thing relative to this ſubject, both in antient and modern practice, collected with great care and accuracy, and diſpoſed in a moſt clear and judicious method.
- ↑ Stat. 7 Jac. I. c. 5. 21 Jac. I. c. 12. 24 Geo. II. c. 44.
