CCLXXXVIII. The Blacksmith's Case. Mich. 30 Eliz. In the Common Pleas.
A Blacksmith of South Mimmes, in the County of Middlesex, took an Obligation of another Blacksmith of the same Town, upon Condition that he should not exercise the Trade or Art of a Blacksmith within the same Town, nor within a certain precinct of the same. And upon that Obligation, the Obligee brought an Action of Debt in the Common Pleas; depending which Suit, the Obligor complained to the Iustices of Peace of the County against the Obligee, upon which the matter being found against him by Examination, the Iustices committed the Obligee to Prison; and now, upon the whole matter, Puckering Serjeant prayed a Habeas Corpus for the said Obligee to the Sheriff of Middlesex, and hat it. And Fleetwood Recorder of London being at the Bar, the Court openly admonished him of that matter; For by the Law, Iustices of Peace have not Conusans of such Offences, nor can entermeddle with them; for their power is limi∣ted by the Commission, and the Statutes. And the Recorder re∣lyed much upon the Opinion of Hull. in 2 H. 5. 5. But it was said by the Court, Although that this Court be a high Court to punish such Offences appearing before them of Record; yet it doth not follow, That the Iustices of Peace may also do so: But as to the Obligation it self, the Court was clear of Opinion, That the same was void, and against the Law.