FOOTNOTES:
[174:1] Cf. Gneist, "Self-Government in England," 3 Auf., 196-97.
[174:2] Blackstone, Bk. I., 351.
[174:3] 12 Ric. II., c. 10 (4). Cf. 32 Hen. VIII., c. 1.
[175:1] Gneist, "Self-Government," 212.
[175:2] Act II., Sc. I. The characters of the play purport to be French, but the manners and customs are, of course, English. Fletcher died in 1625. An earlier, though less definite, reference to the power of the clerk is found in William Lambard's "Eirenarcha or, Of the Office of the Justices of Peace," published in 1581 (p. 468): "Howbeit, I do not thinke, that in our case, this dutie of Estreating is so peculiar to the Clarke of the Peace, but that the Justices of the Peace themselves, ought also to have a common and carefull eye unto it . . . least otherwise, it lye altogither in the power of the Clarke of the Peace, to Save or Slay (as one sayd) the Sparrow that he holdeth closed in his hand."
[177:1] Com. Papers, 1839, XVII., 1, pp. 37-38.
[177:2] P. 235.
[178:1] P. 235.
[178:2] P. 268.