[* 128] and confederacy formed to disturb the public peace, and not CHAPTER* IV. THE COMMISSIONS, &C. UNDER WHICH COURTS ARE HELD. THE CRIMINAL Form of the GEORGE the third, by the grace of God, of the united kingcommission dom of Great Britain and Ireland, king, defender of the faith, of the peace. To A. B. C. D. &c. greeting. Know ye, that we have as(a) signed you jointly and severally, and every one of you, our justices to keep our peace in our county of W. and to keep, and cause to be kept, all ordinances and statutes for the good of the peace, and for preservation of the same, and for the quiet rule and government of our people made in all and singular their articles in our said county, (as well within liberties as without) according to the force, form, and effect of the same; and to chastise and punish all persons that offend against the form of those ordinances or statutes, or any (a) Ante 1 vol. 133 to 141. As to this form, see 2 Hale, 42. Burn, J. tit. Justices of the Peace, II. Williams Justice, tit. Justices of the Peace, III. and cases there cited. Dick. J. Peace Justices of. This form was settled by the one of them, in the aforesaid county, as it ought to be done according to the form of those ordinances and statutes; and to cause to come before you, or any of you, all those who to any one or more of our people concerning their bodies, or [* 129] the firing of their houses, have used threats, to find sufficient security for the peace, or their good behaviour towards us and our people; and if they shall refuse to find such security, then them in our prisons until they shall find such security to cause to be safely kept. We have also assigned you, and every two or more of you, (of whom any one of you, the aforesaid A. B. C. D. &c. we will shall be one) our justices, to enquire the truth more fully by the oath of good and lawful men, of the aforesaid county, by whom the truth of the matter shall be the better known of all and all manner of felonies, (b) poisonings, inchantments, sorceries, arts magic, trespasses, forestallings, regratings, ingrossings, and extortions whatsoever; and of all and singular other crimes and offences, of which the justices of our peace may or ought lawfully to inquire, by whomsoever, and after what manner soever, in the said county done or perpetrated, or which shall happen to be there done or attempted, and also of all those who, in the aforesaid county, in companies against our peace, in disturbance of our people, with armed force, have gone or rode, or hereafter shall presume to go or ride, and also of all those who have there lain in wait, or hereafter shall presume to lie in wait, to maim, or cut, or kill our people; and also of all victuallers, and all and singular other persons, who, in the abuse of weights or measures, or in selling victuals, against the form of the ordinances and statutes, or any one of them therefore made for the common benefit of England and our people thereof, have offended or attempted, or hereafter shall presume in the said county to offend or attempt; and also of all sheriffs, bailiffs, stewards, constables, keepers of gaols and other officers, who, in the execution of their offices about the premises, or any of them, have unduly behav ed themselves, or hereafter shall presume to behave themselves unduly, or have been, or shall happen hereafter to be careless, remiss, or negligent, in our aforesaid county. And of all and singular articles and circumstances, and all other things whatsoever that concern the premises, or any of them, by whomsoever, and after what manner soever, in our aforesaid county done or perpetrated, or which hereafter shall there happen to be done or attempted in what manner soever: and to inspect all indictments whatsoever so before you, or any of you, taken, or to be taken, or before others late our justices of the peace, in the aforesaid county, made or taken, (b) As to the construction of the power under these words, see Dalton J. c. 5. and ante 1 vole and not yet determined; and to make and continue process thereupon, against all and singular the persons so indicted, or who before you hereafter shall happen to be indicted, un*130] til they can be taken, surrender themselves, or be outlawed: and to hear and determine all and singular the felonies, poisonings, inchantments, sorceries, arts magic, trespasses, forestallings, regratings, ingrossings, extortions, unlawful assemblies, indictments aforesaid, and all and singular other the premises, according to the laws and statutes of England, as in the like case it has been accustomed or ought to be done; and the same offenders, and every of them, for their offences, by fines, ransoms, amerciaments, forfeitures, and other means, as according to the law and custom of England, or form of the ordinances and statutes aforesaid, it has been accustomed, or ought to be done to chastise and punish. Provided always, that if a case of difficulty upon the determination of any the premises before you, or any two or more of you, shall happen to arise, (c) then let judgment in no wise be given thereon before you, or any two or more of you, unless in the presence of one of our justices of the one or other bench, or of one of our justices appointed to hold the assizes in the aforesaid county. And therefore we command you, and every of you, that to keeping the peace, or ordinances, statutes, and all and singu lar other the premises, you diligently apply yourselves, and that at certain days and places which you, or any such twe or more of you, as is aforesaid, shall appoint for these purposes, into the premises ye make inquiries; and all and sin, gular the premises, hear, and determine, and perform, and fulfil them, in the aforesaid form, doing therein what to justice appertains, according to the law and custom of England: saving to us the amerciaments and other things to us therefrom belonging. And we command by the tenor of these presents, our sheriff of W. that at certain days and places which you, or any such two or more of you as is aforesaid, shall make known to him, cause to come before you, or such two or more of you as aforesaid, so many and such good and lawful men of his bailiwick, (as well within liberties as without) by whom the truth of the matter in the premises shall be the better known and inquired into. Lastly, we have assigned to you the aforesaid A. B. keeper of the rolls of our peace in our said county; and therefore you shall cause to be brought before you, and your said fellows, at the days and places aforesaid, the writs, precepts, processes, and indictments aforesaid, that they may be inspected, and by a due course determined as is aforesaid. (c) As to these words, 4 Bla. Christian's edition. C. 271. and id. note 11. Mr. In* witness whereof we have caused these our letters to be [* 131] made patent. Witness ourself at Westminister, &c. Essex. The general quarter sessions of the peace holden Style of Ses át — in the town of in and for the said county, on sions. (d) the day of, in the year of the reign of our sovereign lord, George the third, of the united kingdom of Great Britain and Ireland, king, defender of the faith, and so forth, before C. D. E. F. G. H. and I. K. esquires, justices of our sovereign lord the king, assigned to keep the peace in the said county, and also to hear and determine divers felonies, trespasses, and other misdemeanours in the said county committed, and of the quorum, and so forth. In the name and on the behalf of his majesty. } Form of the King's Fiat, appointing the Judges in general to go the Circuits. (e) Mr. Justice Chambre, Western circuit. Mr. Baron Graham, Mr. Justice Dampier. Oxford circuit, Mr. Justice Dallas, Mr. Baron Richards. In* the name and on the behalf of his majesty." George P. R. [132] Form of the King's Fiat, appointing Let the following persons be added to the Serjeants, Lent circujudges who go the circuits respectively and be King's Coun 1815. of the quorum, viz. Mr. Serjeant Best, Home circuit. Mr. Serjeant Runnington, (d) See form Dick. Sess. 19. ante 1 vol. 183 to 141. (e) See ante 1 vol. 148, 9. cil and other gentlemen of the Quorum. (ƒ) [* 133] Form of the King's Fiat, George Wilson, esq. one of his majesty's council, learned in the law, in the commissions of Oyer and Terminer and gaol delivery. Mr. Serjeant Marshall, Mr. Serjeant Sellon, Mr. Serjeant Blosset, Mr. Serjeant Frere. Midland circuit. Nathaniel Gooding Clarke, esq. one of his majesty's council, learned in the law, in the commissions of Oyer and Terminer, and gaol delivery. Mr. Serjeant Palmer, Mr. Serjeant Vaughan, Mr. Serjeant Rough, Mr. Serjeant Copley, John Balguy, esq. in the Commissions of Oyer and Ter miner, and gaol delivery Western circuit. Mr. Serjeant Lens, Joseph Jekyll, esq. one of his majesty's council, learned in the law, in the commissions of Oyer and Terminer and gaol delivery. Thomas Jervis, esq. in the commissions of Oyer and James Allan Park, esq. one of his majesty's council, learned in the law, James Topping, esq. one other of his majesty's council, learned in the law, in the commissions of Oyer and Terminer, and gaol delivery, Mr. Serjeant Heywood. In the name and on the behalf of his majesty. appointing a Lent circuit, counsel of the Quorum 1815. } Let James Burrough, esq. be inserted in the commissions of Oyer and Terminer, and in the Com- gaol delivery for the western circuit, and be of the quorum. missions of Oyer and Terminer, (5) (g) Ante 1 vol. 148,9. |