The recorder. [volume] (Richmond, Va.) 1802-1803, 1803-01-26

Roman Catholic religion afon,s in 6,ch
cafes, but being dragged torch ,y the en-
ragged relations of the deccaicd he .wss
the hrit obawl abou. the horri!,,e GRIM.
OF iacriietge, AID Of the daring a,,d,cirv
OF 1hoie who had violated by their in
pure iteps the iacred Ihrinc of the altar
INT i1AY iai, nc ihoul1 have pre-
feTfsd ,had the oomlcl OF G allenIer con.
anea tn9T reafoni9g 20 TIE laws Of rbe
tate OF Virginia, without reiortinr 70 fbc
preceaent' 20 be found III rhs {ev.ral
sotrss OF Great Brithn; but lince they
had gone abroad in learch Of law 70
inPporr their caufr, he would folIow
tnein thefe; and argue the cafe noon
[heir own grounds, He then cred the
itasu'e Satin. If Edward the I'D, which
after She iapie Of ieveral centuries, had
jjofen again enacted in the B,i,i,h Par,
Ina'ncat. in's itaru5e exprejily author
Tics all luttices Of the peace to sind over
Ithoie that Dc not of good fan c. The
Id9finllono OF the cxpreEion, not Of e3,d
iia!'ne, he laid. admitted OF great latitude
IN interpretation, but he thouid reauea
the at1enti0a Of The court TO the opinion
loi judge Blackstone on this point.l Mr.
ttiay laii, that the authority of BLACK
itone was che higheit thar could be pre-
iduccd. The commentaries Of chat
learned lawyer, were not only generally
known, but every where refpe6ted as the
tirit authority in Enghlh law.
They were the 6Ft book put ineo the
hands OF every ttudent who intended
10 itudy the predictions ofiaw, as being
ooth the plainett and ioundcit clemens
lot that lcience: Backbone therefore,
ne iald, ought juir!y to be received in
every court of this country, where dif-
cu,1lons Of this kind took place. The
opinion which Backbone has gi-
Yrn on this poinr is as follows -" Firit
n j1lices are empowered by che iJatute
"a. kd@. Iii. c. !. to bind over 10
the good behaviour towards the king
and his people, all them tflar be nos Of
good fame; wherever they be found ;
20 1he intent chat the people be nor
troubled nor endangered, nor the peace
'diaainllhed; nor merchants ard Others
palllng by the highways of the realm,
be diiturbed, nor put in che peril which
may happen by fuch offenders. Under
Irne general words of this exprcRion,
thaf 6e nor Of goe4 faae,~ it is holden thai
a man may DC bound TO his good beha-
ylour for caaies Of icandai, contrA bonoJ
m0re5 as ~ell. as c0ntra pdcem; as for
haunting 5Aa3y houfes wish women of
bad fame; or for keeping iuch women
IN his own houle ; or for words tending
leo icandalize TIC government; or in
abule Of the officers of lultice, Especially
in the execution of their Office. Thus alto
IajuItice may bind over all night walkers,
leave troopers, zach as keeps fulpicions
company, or arc reported TO be Pill
iferers or robbers; fuch as fleep in the
day, and wake in the night; common
.drunllards whoremaitcrs; the putarive
fathers OF baitards; cheats idle vagabonds
and other pcrfons, whole milbehaviour
may reafonabiy bring them within the
general words Of the iracure, as perfons
not of good fame an expretiion, it muft
be owned, Of 10 great latitude, as
leaves much to be determined by the
dilcfction Of the magiirrare himielf
But, If he commits man for want OF
iureties, he mutt exprcis the cauie
thereof with convenient certainty, and
rake care thar fuch caufe be a good one. =
Mr.. Hay oblcrved, thar from the above
words OF Backbone, it was evident that
lbeller was a pcrfon of bad .ame.
Tie nexc referred TO Hawilns's Pleas
OF the Crown, and TO Viacr, vol. s,
Where it is affirmed, chat the author of