PROCEEDINGS BEFORE THE JUSTICES gy 



which he had been indicted in quarter sessions, and fines 

 him heavily. ' 



The Coram Rege Rolls during the latter years of the 

 reign contain many instances of proceedings before the 

 joint commissioners of the peace and for labourers, sum- 

 moned into chancery by writ of certiorari and then sent 

 by a mittimus into the court of king's bench ; ^ undoubt- 

 edly with the better organization of the justices of the 

 peace, this method of control of their action became 

 more usual. ^ It is characteristic of the English system 

 that no administrative control was provided by the stat- 

 ute of labourers for the justices who were to enforce it ; "• 

 and equally characteristic that on the whole the super- 

 vision of the justices by the central government was 

 very steadily exercised; in turning to the subject of the 

 disposition of the penalties, the thoroughness of the 

 control exercised by the exchequer is still more striking. 



*App., 211-213; also p. 41. 



^Strangely enough in 41 Lib. Ass. pi. 22, the use of the writ of cer- 

 tiorari \% limited to its issue by chancery; cf., however, Fitzherbert, 

 op. cit., 554: " The writ of certiorari is an original Writ, and issueth 

 sometimes out of the Chancery, and sometimes out of the King's 

 Bench." 



^Cf. Beard, op. cit., 154. I print in the appendix one such appealed 

 case although it is of a later date than the decade under consideration. 



"* C*/. Beard, op. cit., 151: "In English practice, no special institutions 

 were ever constituted for administrative control or to provide remedies 

 against ofificers as such." 



