Barnardiston king b the king and mather how far a information may be grant  against justice of peace for what they do in their session on rule to show  cause why a information shall not go against the defendant for a misdemeanour  the fact appear to be in the manner follow Mr Bingley a alderman of the city  of Chester come before the court of session which be hold there the that of  may last by adjournment from the that of November before and give information  upon oath that mary Mackdonnel who attend there by his order without any  warrant be the evening before walk with two other woman on the outside of the  city he be return into the city on horseback and as soon as he come near the  woman one of they cry out hush here come the alderman mary Mackdonnel upon  this say Damn the alderman and present abuse he to his face in a very  outrageous manner the justice upon this examine mary Mackdonnel concern this  fact and one of these justice be the defendant who be likewise chairman and  recorder of the town the woman pretend that just before the alderman come up  she be talk of one alderman porter of Dublin and alderman Bingley apply to  himself what she have be speak only of the other alderman she prove likewise  that she be bear in the city of Chester and live there with her father at that  time however she beg alderman bingley pardon upon her knee and he declare that  he forgive her the justice take this matter up and of themselves convict her  on this evidence upon the statute of Ann which conviction be put in execution  by her be severe whip the same day upon this state of the fact Mr fazakerly  submit it that the rule ought to be discharge he say it be beyond all dispute  that mary Mackdonnel be misordering herself before alderman Bingley and  therefore he conceive that she be convict within the word of the Act of  parliament but admit that this conviction be not strict within the meaning of  the Act of parliament yet as there appear to have be no sort of malice in this  proceed he apprehend the court will not interfere but leave the party to her  ordinary remedy Mr Wilbraham on the same side say that the court that make  this conviction be a court of session and therefore he conceive they be not  punishable for any thing they do in their judicial capacity and for this  purpose cite Stamford Rep but suppose the whole court shall yet he say it will  be very hard to single one particular person of it the court say that they  think they have a undoubted jurisdiction to punish all inferior judge when  they be guilty of any oppression in the execution of their authority and so  judge probin say the case of sir John Austin and other mich Geo the court  there have no sort of doubt but that they may have grant a information against  he notwithstanding they be act as justice in their petit session and as to  there be no information pray against the other justice in this case they say  this Barnardiston king b be no objection that the present defendant can make  and so constant experience show in matter of the like nature they say they be  clear of opinion that upon the evidence lie before the justice the woman ought  not to have be convict upon the statute of whether for that statute do not  speak of all person that be misordering themselves but of such person only  that be vagrant and misordering themselves which there be no pretence to say  that the present person be because she be bear in the very place where the  complaint be and live there in her father family the single question therefore  for this court to consider they say will be whether accord to the circumstance  of this case the information ought to go now as to that the original session  appear to have be hold the that of November before two quartersession  therefore must have be hold in the mean time and it be a rule that no one  session can be adjourn into another for which reason the hold the present  court they say be plain irregular the woman be there too without a warrant  judge probin say be another circumstance that be so but if this have be a  regular session and the woman proper before they judge page say he think the  session have nothing to do with this matter they say far that alderman Bingley  declare he forgive the woman so that what the justice do be at that time  without complaint they observe that this construction that be make upon the  word of the Act be so notorious groundless that what the justice do they take  to be manifest a act of oppression accord make the rule absolute Barnardiston  king b er p