case the king against carter a indictment for a trespass take before justice  of the peace quash for want of the word nec non ad to visit felony  transgression et alian be injured in county predicto to hear et to set bounds  assign S c stram indictment for a trespass the caption omit the word nec non  ad to visit modern report er p felonias transgression et alian be injured in  county predicto et carry through to hear et to set bounds assign Pratt chief  justice it be not incident to their authority and if there be no act to make  it so it be have therefore adjourn for Mr reeves to look into it reeves the  indictment be good without show the authority of the justice they have power  as justice to bear and determine by Edward fazakerly contra vent cro James  there be some justice who have no commission of oyer and terminer Eyre justice  cro Richard c Yelv fortescue justice Henry hale observation on Edward bro  indictment remover deal plea Edward c may require they to have commission but  Edward seem to give they power without commission Adjournatur this term reeves  say the question be whether justice of the peace as such can hear and  determine trespass No express commission be set out the Edward give no such  authority and the Edward require a commission of oyer and terminer but Edward  give power without any commission to bear and determine felony and trespass  the clause of oyer and terminer in Edward c do not relate to justice of the  peace but a commission grant to other person Yelv cro but since there have be  different opinion cro fazakerly contra the statute Edward c be not alter by  the Edward c which only make a addition to the number of justice and to  declare the power they have before in the caption it ought to appear that  either they have a commission or be such person as be describe in the Edward  which must be a lord or three or four most substantial person in the county by  the Edward the commission be enlarge to give they the power intend by Edward  cro James vent keb modern report Pratt chief justice the construction of  Edward will be and ought to be the same as Edward shall have that be by  commission there be no intent to alter Edward it be only to show that the new  person shall have the same power immediate after Edward the commission be  alter which will not have be have they have a commission without it all the  precedent be against this indictment powys justice of the same opinion Eyre  justice at first justice have no judicial authority the Edward give they a  commission and the Edward say they shall have power and their writ shall issue  the true construction of that Act be that they shall not do it ex duty but by  a commission which be require by Edward which be plain to be the opinion of  that time by commission award Edward opinion of the old book remain so Richard  c indictment for treason Henry c No case be contrary but yelverton and that be  not law if by a Act the justice have power they need not set out a commission  cro James vent fortescue justice justice have two power one by the commonlaw  which be only as a keeper peace and by commission of oyer without which they  can take indictment hale opinion seem to be that a commission be necessary on  Edward for it have word of relation accord to the law and statute of the realm  Henry c be strong as keb the court quash the indictment