A like reward of forty pounds was, by another Act in the same reign, given to such as shall apprehend any person convicted of any capital crime relating to the coin of this land.
By an Act also made in the reign of the late King William, persons who apprehend and prosecute to conviction any who feloniously steal goods to the value of five shillings, out of any house, shop, warehouse, coach-house or stable, or shall assist, hire or command any person to commit such offence; then such person so taking as aforesaid, shall have a certificate gratis from the Judge or Justices, expressing the parish or place where such felony was committed; which certificate shall be capable of being once assigned over, and shall exempt its proprietor or assignee from all parish and ward offices, in the parish or ward wherein the felony was committed.
By an Act made in the fifth year of the late Queen, persons apprehending one guilty of burglary, or of feloniously breaking into a house in the day-time, and prosecuting to conviction, shall receive over and above the certificate before mentioned, the sum of forty pounds, as in the case of apprehending an Highwayman.
By an Act passed in the sixth year of the late King, whoever shall discover, apprehend, or prosecute to conviction without benefit of clergy, any person for taking money or other reward, directly or indirectly, to help persons to their stolen goods (such persons not having apprehended the felon who stole the same, and brought him to trial, and given evidence against him) shall be entitled to a reward of forty pounds for every offender so convicted, and shall have the like certificate, and like payment without fee, as persons may be entitled to for apprehending highwaymen.
The next point after offenders are once apprehended, is to carry them before a proper magistrate, viz., a Justice of the Peace, and this leads us to say something of the nature and authority of that office. My Lord Chancellor, or Lord Keeper of the Great Seal, the Lord High Steward of England, the Lord Marshal, and the Lord High Constable, each of the Justices of the King’s Bench, and as some say, the Lord High Treasurer of England, have, as incidental to their offices, a general authority to keep the peace throughout the realm, and to award process for their surety thereof, and to take recognizances for it. The Master of the Rolls has also a like power, either incident to his office, or at least by prescription. As to the ordinary constructors or Justices of the Peace, they are constituted by the King’s Commission, which is at present granted on the same form as was settled by the Judges in the 33rd Year of Queen Elizabeth, by which they are appointed and assigned every one of then jointly and separately to keep the King’s peace in such a county, and cause to be kept all statutes made for the good of the peace and the quiet government of the Kingdom, as well within liberties, as without,