eace 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, and to punish all those who shall offend against
the said statutes, and to cause all those to come before them, or any of
them, who threaten any people as to the burning their houses, in order
to compel them to be kept in prison until they shall find it. As to the
other powers committed to these justices, it would be too long for me to
explain them, and therefore after this general Act, I shall go on to
take notice of the manner in which the person accused is treated, when
brought before them._

_First the Justice of Peace examines as carefully as he can into the
nature of the offence, and the weight there is of evidence to persuade
him of the just ground there is for accusing the person before him; and
after he has thoroughly considered this, if the thing appear frivolous
or ill-grounded, he may discharge the person, or if he think the
circumstances strong enough to require it, he may take the bail of the
party accused, or if the nature of the crime be more heinous, and the
proof direct and clear, he is bound by an instrument under his hand and
seal called a_ Mittimus, _to commit the offender to safe custody until
he is discharged according to Law. In carrying to prison for any crime
whatsoever, if the party so carried escape himself, or if he be rescued
by others, he and they are guilty of a very high misdemeanor, and in
some cases, those who assist in making the rescue may be guilty of
felony or high treason. But if a prisoner be once committed to gaol for
felony, and afterwards break that prison and escape, such breach of
prison is felony, by the Statute_ De Frangentibus Prisonam, _and shall
be tried for the same as in other cases of felony, and suffer on
conviction. My readers will find mention made of a case of this nature
in respect to one Roger Johnson, who some years ago was tried for
breaking the prison of Newgate, while he remained a prisoner there under
a charge of felony, and making his escape; but so tender is the English
law that when there appeared a probability that one Fisher (not then
taken) broke down the wall of the prison and that Johnson took advantage
of that hole and made his escape, he was found not guilty, for want of
due proof that he actually did break that hole through which he
escaped._

_The prisoner being in safe custody,