GENERAL QUARTER SESSIONS. of A. B. and C. D. Esquires, two of his Majesty's justices, appointed to keep the peace in the said county; and also to hear and determine divers felonies, trespasses, and other misdemeanors, committed in my said county, one of them being of the quorum, to me directed. These are in his Majesty's name to will and require you, that you forthwith make known by open proclamation, in every market town, and all other places convenient within the hundred of aforesaid, that the next General Quarter Session of the peace of, and for, the county aforesaid is to be holden and kept at in the town of in the county aforesaid, on Wednesday, the day of now next ensuing, at the hour of nine of the clock in the forenoon of the same day; and that you give notice to all justices of the peace, coroners, keepers of gaols, and houses of correction, and high constables of the said hundred, that they be then and there present, to do and perform that which to their several offices doth appertain: and that all those who ought to prosecute any prisoner or prisoners in the gaol of the said county, or who are bound over then to appear and answer, be then and there present, to prosecute against them according to law: And also that you summon and warn the persons whose names are underwritten, that they be then and there present to serve on the grand jury, and to inquire on his Majesty's behalf, for the body of the county aforesaid, for all such matters and things as shall be then and there given them in charge: and also that you summon and warn the persons underwritten, being qualified in that hundred, that they be then and there present to serve on the petty jury for his Majesty's service: and that yourself be then and there present to make return thereof. And herein neither you nor them may fail, at your and their perils. Given under the seal of my office the day of in the year of the reign of our Sovereign Lord George the Third, by the grace of God of the United Kingdom of Great Britain and Ireland, King, Defender of the Faith, &c. and in the year of our Lord Then the sheriff makes his return of the summons to the sessions, thus: The execution of this precept appears in certain pannels hereto annexed. I further certify that I have given notice to all coroners, keepers of gaols and houses of correction, high-constables and bailiffs of liberties within my county, to be and appear at the time and place within mentioned, to do and perform, &c.; and have caused to be proclaimed through my county, in proper places, the sessions within mentioned. The answer of Then on a piece of parchment are written the names of the jurors, coroners, keepers of gaols, &c. 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 and Esquires, and others, 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 misdemeanors in the said county committed, and of the quorum, and so forth. CHAPTER II. OF THE PARTIES ATTENDANT ON THE SESSIONS, Of the Custos Rotulorum. 5. Of the Coroner. 6. Of Gaolers. 7. Of Constables. 8. Of Jurors. 9. Of Suitors. - 10. Of Pleaders. § 1. OF THE CUSTOS ROTULorum. THE CUSTOS ROTULORUM is the principal personage in the constitution of the Session of the Peace. He is the first civil officer of the county, as the lord lieutenant is the highest military one; and though of late years it has been usual for both offices to be holden by the same person, they are entirely distinct in their appointments and their duties. (a) He has, as his title implies, the custody of the rolls or records of the Session of the Peace; yet they so far remain, by reputation of law, in custody of all the justices, that a certiorari to remove proceedings is directed to all. (b) He is nominated by the King under his sign manual; being selected, as Lambard informs us, "either for wisdom, countenance, or credit." (c) He is (a) 4 Bla. Com. 272. (b) Com. Dig. Justices of Peace (D. 4). always himself a justice of the peace and of the quorum in the county wherein he has his office; but he has nevertheless been generally considered rather in the character of a minister than of a judge, on account of the special charge in the commission- Quod ad dies, et loca prædicta, brevia præcepta, processus, et indictamenta prædicta coram te, et dictis sociis tuis venire facias." By 37 Hen. 8. c. 1. repealed by 3 and 4 Ed. 6. c. 1. but How appointed. revived by 1 W. and M. sess. 2. c. 21. § 4. the Custos Rotulorum can be appointed only "by bill signed by the King," upon which the Lord Chancellor may issue his commission; except that the Archbishop of York, the Bishop of Durham, the Bishop of Ely, and all to whom the King or his progenitors, by letters patent, had granted any liberty to appoint a Custos Rotulorum, may exercise the power so granted. The Custos Rotulorum, by virtue of his place, having His duties. the custody of the rolls of session, ought to attend the sessions by himself, or his deputy, who is the clerk of the peace. He is directed by statute "to appoint a sufficient person residing within the county, to execute the office of clerk of the peace, by himself or sufficient deputy, such deputy being admitted by the Custos Rotulorum, so often as the office of clerk of the peace shall be vacant." (d) But he may not sell the said place, directly or indirectly, under the penalty of losing his own office of Custos Rotulorum, and forfeiting double the value of what he shall have received, to be recovered by him that will sue, to his own use, in any of the courts in Westminster. (e) §2. OF THE JUSTICES. THE JUSTICES, by whom the session is to be holden, § 2. Justices. are next to be noticed. To compose a session, there must be at least two How many jusJustices, one of whom must be of the quorum. This tices necessary to compose a appears from the very words of their commission, which Session. are, so far as they relate to the present subject of consideration, as follows:-" We have also assigned you, and every two, or more, of you, of whom any one (quorum unus) of you the said 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 (d) 37 Hen. 8. c. 1. s. 3. (e) 1 W. and M. Sess. 1. c. 21. s 8. Justices of the quorum. the truth of the matter shall be better known, of all and all manner of felonies, poisonings, enchantments, sorceries, trespasses, forestallings, regratings, engrossings, and extortions, whatsoever; and of all, and singular, other crimes and offences of which the Justices of our Peace may or ought lawfully to enquire, &c. &c.-And to hear and determine all, and singular, the felonies, poisonings, &c. &c. aforesaid, &c. &c. according to the laws and statutes of England, &c.-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. "And therefore we command you and every of you, that to keeping the peace, ordinances, statutes, and all and singular other the premises, you diligently apply yourselves; and that at certain days and places, which you, or any such two or more of you as aforesaid, shall appoint for these purposes, into the premises ye make enquiries; and all and singular 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 that at certain days and places, which you, or any such two or more of you, as aforesaid, shall make known to him, he 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." Such then is the foundation of the authority by which any two Justices of a county, division, riding, or liberty, one being of the quorum, may hold a General Quarter Session of the peace. Formerly it was customary to appoint only a select number of justices, eminent for their skill and discretion, to be of the quorum; but now the practice is to advance almost all of them to that dignity, naming them all or nearly all, over again in the quorum clause. (f) Indeed, the change in the state of society made any (f) 1 Bla. Com. 351. distinctions of this kind unnecessary, long before it was removed in any instance by legislative provision, or even by the extension just noticed in the commissions. The first statute which recognized this alteration was the 26 Geo. 2. c. 27., which enacted that no act, order, adjudication, warrant, indenture of apprenticeship, or other instrument, done or executed by two or more justices, which doth not express that one or more of them is of the quorum (although the statutes respectively require that one of the justices shall be of the quorum) shall be impeached, set aside, or vacated for that defect only. And by a subsequent statute,(g) in cities, boroughs, towns corporate, franchises, and liberties, which have only one justice of the quorum, all acts, orders, adjudications, warrants, indentures of apprenticeship, or other instruments, done or executed by two or more justices, qualified to act therein, shall be valid, although neither of the said justices shall be of the quorum. It may therefore now be fairly assumed, that any two, or more, of the persons named in the commission of the peace for any county, division, riding, or liberty, are competent to hold a General Quarter Session for the same, respectively, having complied with the requisite forms prescribed by divers statutes, all of which are directed to secure three objects; viz. that the persons executing an office of so much trust and responsibility shall be in such situations of life, as may afford a reasonable presumption that they will be above corruption; secondly, that they shall be loyal subjects of that govern ment, the peace of which they are appointed to protect; and, thirdly, that they shall solemnly engage not to use the influence of their office for the subversion of the religion established by law. The specific qualities, by which they are particularly Qualifications pointed out, are that "they shall be of the most sufficient knights, esquires, and gentlemen of the law."(h) They must be resident within the counties for which they act.(?) And they must be entitled, in law or equity, for their own Property. use in possession, to a freehold, copyhold, or customary estate, for life, or for some greater estate; or an estate for 7 Geo. 3. c. 21. (h) 13 Ric. 2. st. 1. c. 7; and 2 Hen. 5. st. 2. c. 1. (i) 2 Hen. 5. st. 2. c. 4; but now by 28 Geo. 3. c. 49. any justice acting as such for any two or more counties, being adjoining counties, may act in all matters and things whatsoever, concerning, or relating to any or either of the said counties, provided he be resident in one of them. D |