case the queen against simmons order of bastardy motion to discharge a person  commit by the justice at their session on the Elizabeth c the statute say that  two justice of the peace in or next unto the parish within which such bastard  shall be bear shall take order for the punishment of the mother and the repute  father of such bastard as also for the better relief of the parish and that  the say justice shall take order for the keep of every such bastardchild by  charge such mother or repute father with the payment of money weekly or other  sustentation for the relief of such child and that if after the same order by  they subscribe under their hand either the mother or repute father upon notice  thereof shall not perform the say order then every such party so make default  in not perform of the say order to be commit to ware to the common gaol there  to remain without bail or mainprize except he she or they shall put in  sufficient surety to perform the say order or else personal to appear at the  next general session and also to abide such order as the say justice of the  peace or the more part of they then and there shall take in that behalf and  that if at the say session the say justice shall take no other order then to  abide and perform the order before make as be aforesaid it be object that the  justice and not the session have the power in this case to commit c Powell  justice suppose he give security to abide the order of two justice modern  report er p and that this order be confirm at the session can they commit he  for disobey it holt chief justice No they can they must proceed upon the  security answer but here be no security give in this case the man keep out of  the way so the two justice can neither commit he nor take security of he but  they make this order upon he and then he appeal to the session and the justice  there order he to be commit the order be quash but the court bind he over to  appear at the next quarter session a see car c S smith case Bulst king v eve  show Reg v west ante S c ld ray king v tenant ld ray king v messenger Consts  poor law and the statute Geo c a