case the queen against Simpson justice of peace may convict a offender in his  absence upon his default to appear after be duly summon S c ante S c Sess case  S c pale yellow several conviction before justice of the peace upon the  statute of will mary c for deerstealing be remove by certiorari into the king  bench exception be take to they which be argue several time a see S c ante a  Parker chief justice now deliver the resolution of the whole court to the  follow effect the great objection against these conviction be that the justice  of the peace have no authority to proceed against the party and convict he of  the offence in his absence as to this matter we be all of opinion that the  conviction be a good conviction though take in the absence of the party and  here it be to be observe that the statute do not give the justice any  particular direction or prescribe any particular form to be observe in the  conviction before they all that the statute require be that this conviction be  by oath of one credible witness modern report so that the justice be not  oblige to the observance of any rule unless those of natural justice which all  man be bind to observe one of those rule I ready modern report er p own be  that the offender shall be hear before he be condemned but this rule must  admit of this limitation videlicet unless the party refuse to appear for as it  will be unjust not to require the justice to summon the party and give he  notice to appear and make his defence so to require more from the justice will  be to put it in the power of the offender to elude justice and render his  conviction impossible by wilful absent himself as to the manner how this  notice be to be give the Act be altogether silent we must recur to natural  justice which only require the party shall know when and where be be to appear  and make his defence and if be will then neither appear himself nor trust his  defence to anybody else it be high reasonable he shall be proceed against and  not reap a advantage from a wilful and criminal absence but it be object that  statute be best expound by rule of commonlaw and that it be more agreeable to  the form observe by the commonlaw not to convict the party in his absence I  ready admit the rule lie down by they that statute be best expound by rule of  commonlaw in like case and will therefore examine how the commonlaw proceed in  criminal case where the party refuse to appear and first in case of outlawry  for treason or felony the law interpret his absence as a sufficient evidence  of his gild and without require further proof or satisfaction the law account  he guilty of the fact corruption of blood and forfeiture of estate ensue in  real action the second default be final and conclusive and the court without  regard the merit of the cause will give judgement that be shall lose his land  modern report outlawry in lesser crime or in personal action do not as in the  first case in judgement of law occasion the party to be look upon as guilty of  the fact or as in the second case occasion a judgement for the thing in demand  but be yet in its consequence more penal and fatal than if it do for a  restraint of the liberty of the party if he can be find the profit of the land  while the outlawry remain in force and all his good and chattel forfeit to the  king together with a exclusion from the benefit and protection of the law  follow upon it but it will be say that for all these proceed the law have  prescribe and direct all the form and circumstance necessary to be observe in  they I proceed therefore to proceed of a more summary nature and consequent  more resemble the case before we the office of commoncouncilman be in law  account a freehold and yet nobody will say but a man may be amoved from it in  his absence to come now to proceed in our own court be it not our daily  practice to set aside judgement irregular obtain grant attachment c in the  absence of the party notice indeed must be give but if the party will not  appear the court proceed without see or bear it be observable that in some of  the case put before the law proceed to condemn the party not only in his  absence but for his absence or which be all one esteem his absence so strong a  argument of gild that further proof be esteem superfluous whereas here the  justice only proceed to examine whether the charge be true and do not condemn  the offender but on proof by oath modern report the case before we be like to  the award of a writ of inquiry upon default by commonlaw in many summary  proceed there be no power give to oblige the party to appear and that be the  case here there be no express word in the Act by which it be give by  implication it can be give unless it be of absolute necessity to the do of  justice which I have show it be not if this doctrine be true it will follow  that a member of a corporation may be arrest in order to compel he to appear  by this rule the party must appear though he think fit to confess the fact and  pay the penalty if court of law that be arm with a coercive power to bring the  party in do not in the case I have before mention think themselves oblige from  the nature of the thing to use this power certain we can expect it from  justice of peace who real be destitute of this power beside I can see to what  purpose this appearance before the justice be require for when the party be  before they can they oblige he to make his defence No unless be please and if  he have please he may have appear without force and yet the only end of his  come before they be in order to make his defence last the objection of not be  force to appear can be make by the party because if it be a error it be one in  favour of he who make the objection for this will be contrary to the general  rule of law in other case but it be object that the summons be faulty for it  ought to appoint a particular hour modern report er p of the day place c to  this I answer that as to this the record stand thus although summon c ad hoc  time et haec locum modern report defaltam fecit now this in strictness do  necessary import that the summons be to appear upon that very spot as to place  and that very instant as to time where and when the justice be assemble  otherwise it can not have be a default and what the justice have return must  by we be account true in every particular but it be object that these sort of  record be as be very well know not make up by the justice accord to the truth  of the fact but draw up by advice of counsel so as to obviate all the  objection that may be make against they to this it must be answer that we  ought to give credit to the justice of peace in the execution of that power  the law have entrust they with and that if the justice shall make a false  return whereby the party and justice be abuse they may be punish the  conviction be adjudge good a see king v ken ld ray king v Venables stram ld  ray Reg v dyer salk Reg v green ante king v Mallinson burr a