7. Preſumption; when without Law they (preſuming of their own Wits) proceed according to their own Wills and Affections. There is more hope of a Fool, than of him that is wiſe in his own Conceit. Prov. 26. 12.
8. Delay; which in Effect is a Denying of Juſtice. Negligentia ſemper habet comitem infortunium, & mora trahit periculum.
9. Precipitation, or too much Raſhnefs; when they proceed haſtily; without due Examination and Conſideration of the Fact, and of all material Circumſtances, or without hearing both Parties : For the Law judgeth no Man before it hear him. John 7.15. Seneca. And, the Philoſopher could ſay, Qui aliquid ſtatuerit, parte inaudita altera, Æquum licet ſtatuerit, haud æquus eſt; He that ſhall judge or determine of a Matter, the one Party being unheard, although he ſhall give juſt Judgment, yet he is not a juſt Judge. And again, Omnia non properanti clara certaque fitunt, Feſtinatio autem ſemper improvida ac cæca eſt;,all Things are plain and certain to him that is not raih nor heady; but Haſte is always improvident and blind. See Deut. 17. 4. Eccleſaſti cus 11. 7, 8. and Prov. 18. 13.
His Majefty'ſ Speech in the Star-Chamber, An. 1616. All theſe, King James hath ſhortly, yet fully obſerved in his Charge given to the Judges, ſc. charging them that they do Juſtice uprightly and indifferently, without Delay, Partiality, Fear or Bribery, with ſtout 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 Senſe thereof and after deliberate Conſultation,) remembring that their Office is jus dicere, and not jus dare.
Judg. 19. 3. According to this laſt alſo is the Rule given in the Book of Judges, ſc. In all Cauſes doubtful, firſt to conſider of the Matter, to conſult, and then to give Sentence: Which Sentence muſt be agreeable to the Merits of the Cauſe and Crime, elſe it is not equal.
Yea, God himſelf hath given us Precedents of ſuch deliberate Proceedings; as you may ſee in Geneſis, chap. 3. ver. 8, &c. and chap. 18. ver. 21.Gen 3. 8,9,11.
Theſe are worthy Directions for all Juſtices of Peace, and other Magiſtrates, that they carry themſelves in their Places uprightly and indifferently, not uttering their own Con- ceits, nor upon the ſudden to over-rule Things, but after deliberate Conſideration and Conſultation, then to proceed to execute the Authority committed to them.
Properties of Justices. Now there be four eſſential Properties required in Magiſtrates and Juſtices, viz.
1. They muſt be Men of Ability, Body and Eſtate, and of Courage for the Truth, and in the Truth.
2. They muſt be Men fearing God; not ſeeking the Place for Honour or Commodity, nor reſpecting Perſons, but the Cauſe.
3. They muſt be Men dealing truly, ſearching out all the Truth, and hating Covetouſneſs.
4. They muſt judge the People at all Seaſons, uſing all Diligence in hearing and ending Cauſes; and not to neglect the Publick, for private Employments, or Eaſe. See Exodus 18.21, 22. and Job 29. 12 ad 17. For they bear not the Sword in vain. Rom. 13. 4.
Their Description or Definition Juſtices of Peace are Judges of Record, appointed by the King to be Juſtices within certain Limits for the Conſervation of the Peace, and for the Execution of divers Things comprehended within their Commiſſion, and within divers Statutes committed to their Charge.
9 E.4. 3.
14. H.8. 16. Now, firſt, that the Juſtices of Peace are Judges of Record, (yea, that every Juſtice of peace by himſelf is a Judge of Record, and one upon whole ſole Report and Teſtimony the Law repofeth itſelf very much) appeareth more plainly, if you obſerve theſe Things following:
1. He is made under the Great Seal of England, which is a Matter of Record.
2. Every Juſtice of Peace hath judicial Power given unto him by the Commiſſion, ſc. in the firſt Aſſignavimus . Force. 3. Alſo by ſome Statutes they have judicial Power given them; for they may make a Record of a Force by them viewed, and may thereupon fine and impriſon the Offenders; yea, one Juſtice of Peace in ſome Caſes, may alſo hear and determine Offences, and puniſh an Offender as convict upon his own View, or upon the Confeſſion of the Offender, or upon Examination and Proof of Witneſſes. Vide Tit. Forcible Entry.
Lamb. 67, 94.
14 H.8.18.
Co. 10. 76. 4. His Warrant (tho' it be beyond his Authority) is not diſputable by the Conſtable, or other inferior Miniſter, but muſt be obeyed and executed by them. But this muſt be underſtood when the Juſtice of Peace hath Juriſdiction of the Cauſe, for or concerning which, he hath granted his Warrant; for otherwiſe the Conſtable or other Officer executing their Warrant, ſeemeth to be puniſhable. Vide Tit. Warrants.
