case the king against Clegg Tuesday November the session may make a original  order of bastardy but the party ought to be summon and therefore the court  will intend a summons though not state in the order S c stram the defendant  Clegg be by a order of session make by two justice of the peace it be a order  make original at the session a adjudge to be the putative father modern report  of three bastard child and it be order that he shall pay ten pound to the  overseer of the poor of the parish of c for charge which the say parish have  already sustain by reason of those bastard child and two shilling and sixpence  every week if or so long time as the say child or any or either of they shall  be Chargeable to the say parish it be insist on Cleggs behalf that the order  be irregular first because it do not set forth that Clegg be duly summon to  appear before they it be true it set forth that he have notice to appear but  do not show for what cause and therefore it be no regular summons nor do it  appear that he be ever hear this order be make at the session be very  different from a order make by two justice because from that the party have a  right of appeal see the case of Reg v Cripps easter term whether Sett Rem page  pl king v Austin post king v Venables post b Pratt chief justice No notice  seem necessary in the case of the king v Simpson Hilary term Geo strange c  upon a conviction for deerstealing after long deliberation we adjudge that he  may be convict without his general appearance stram Mod pale yellow case see  also Boscawen on conviction to d Eyre justice the reason why it be not  necessary to show a notice in a order of two justice be because the party have  a appeal to the session where he may be hear it be never full determine until  easter term in the eleven year of queen whether that the session have original  jurisdiction of bastard the statute of car c which have give the session  jurisdiction have give they the same power as the two next justice have by the  Elizabeth c and if so why can a appeal lie to the next session from this order  as well as if it have be make by two justice beside this be a order make by  the session in a matter of which they have jurisdiction we ought to intend  their proceed regular when the contrary do not appear fortescue justice as to  the want of notice natural justice require that every man shall be hear before  he be condemned in judgement unless through his own default but though every  person accuse ought to be summon yet the question will be whether such summons  must of necessity appear upon the record a summons be always set forth in case  of a mandamus and in a conviction for deerstealing as in this case it shall be  intend that the defendant be summon since the contrary modern report er p do  not appear Reg v Lunn Trinity term whether Mod a this exception be make in the  case of a order for remove a apprentice but it be overrule on the supposition  of regularity Pratt chief justice I do not understand the distinction which  have be take when we be to presume the proceed by justice regular and when not  for we be to examine all their proceed upon a supposition of irregularity the  case of the queen v Lunn Mod b I hear Lord Parker when chief justice deny for  law and I shall never give any opinion to confirm such a order for whether the  wage be due for husbandry or not be the point of their jurisdiction and sure  we can never intend they to have jurisdiction of what they do not show to be  within their jurisdiction as to the argument that no notice be necessary  because a appeal lie to the next session I do not see how a appeal can lie  from one session to another since it be the same court though compose of  different person it be admit that the justice of peace have a original  jurisdiction in case of bastardy and that their order if regular shall be  conclusive see king v greaves dougl where it be settle that the session have  in this case a original jurisdiction see also slater case cro car wood case  Bulst and Mr Consts edition of bott poor law I vol page c but if irregular as  this be they shall be quash second it be object that the two justice have no  power to charge he with a sum in gross and the case of the queen v Stevenson  in Michaelmas term in the ten year of queen whether be cite the court a  putative father may be charge with a sum in gross though this be seem against  the statute Elizabeth c by which the power give to the two justice be to  charge the mother or repute father with the payment of money weekly but they  have likewise power to take order for the relief of the parish which must be  intend against the charge which it may sustain as well as against the charge  already sustain see king v eve show king v skin Bott p l king v odam salk king  v Willey Bott p l king v Gravesend Bott king v holland b r h king v tailor  burr e three it be object that Clegg be charge to be the father of three  bastard child by one order when there shall be as many order to charge he as  there be bastard but the court as to this matter give no judgement fourthly it  be object that the defendant be order to give security for the performance of  the order which be illegal per curian the justice can order security unless in  the case of a contempt Reg v Chaffey ld ray salk king v messenger Bott p l pl  king v fox Bott p l pl Bac Abr bastardy d a let that part of the order be  discharge and it be adjourn as to the rest in order that the parish shall have  time to show whether Clegg be regular summon to appear before the two justice  who make this order in Trinity term Geo this case be move again and the order  be confirm without opposition S c stram see also king v Austin post and the  case of king v Venables that it be not necessary to set forth in the order  that the party be summon although the justice be punishable for make a order  without summon the party post stram ld ray king v Hawkins Bott p l king v  Colton Sess Cas king v Neal Bott p l but in the case of conviction by justice  of the peace it seem that the party must not only be summon but that the  summons must in point of fact be show upon the conviction Reg v dyer salk king  v Simpson stram king v Mallinson burr b modern report er p