Page:The country justice. containing the practice, duty and power of the justices of the peace, as well in as out of their sessions.djvu/23

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Of the Common Law, and of ſuch as had, and ſtill have, the Conſervation of the Peace by the Common Law.

HE Common Laws of this Realm of England; receiving principally their Grounds from the Laws of God and Nature; (which Law of Nature, as it pertaineth to Man, is alſo called the Law of Reaſon) and being, for their Antiquity, thoſe whereby this Realm was governed many hundred Years before the Conqueſt; the Equity and Excellency whereof is ſuch, as that there is no human Law ſo apt and profitable for the Peaceable and proſperous Government of this Kingdom, and ſo neceſlary for all Eſtates, and for all Cauſes, concerning Life, Lands or Goods, as theſe Laws are. And to that Purpoſe, at the Common Law (long before Juſtices of the Peace were made) there were ſundry Perſons to whoſe Charge the Maintenance of this Peace was recommended, and who with their other Offices, had (and yet ſtill have) the Conſervation of the Peace annexed to their Charges, as a Thing incident to and inſeparable from their ſaid Offices. And yet they were and are called by the Names of their Offices only, the Conſervation of the Peace being included therein.

Firſt, The King (by his Dignity Royal) is the Principal Conſervator of the Peace King. within his Dominions, (and is Capitalis Jujliciarius Anglia) in whoſe Hands the miniſtration of all juſtice and all Juriſdiction in all Cauſes firſt was; and afterwards by and from him only was this Authority derived and given to others.

And yet ſo, as that whatſoever Power is by him committed unto other Men, the ſame remaineth ſtill in himſelf; inſomuch that he may himſelf in Perſon fit in Judgment, as in ancient Times Kings here have done, and may take Knowledge of all Caſes and Cauſes unleſs they concern himſelf; for in ſuch Cafes wherein the King is a Party, he cannot properly fit in Judgment, but muſt perform that by his Juſtices, or Commiſſioners, as in Caſes of Treaſon and Felonies. The King alſo, as he is the principal Conſervator of the Peace, ſo he may command all others, and may award Proceſs againſt them to conſerve the Peace; but he cannot take a Recognizance for the Peace, becauſe it muſt be made to himſelf, &c.

The Lord Chancellor, or Lord Keeper of the Great Seal, the Lord High Steward of England, the Lord Marſhal, and High Conſtable of England, the Lord Treaſurer of England, and every Juſtice of the King's Bench, as alſo the Maſter of the Rolls, as ſuch, have the Conſervation of the Peace over all the Realm; and they may award Precepts, and take Recognizances for the Peace, as incident to their Offices; and upon Prayer of Surety of the Peace made to them, or any of them, againſt any Perſon, they have Authority to grant their Warrant to the Sheriff, Conſtables, or other the King's Officers, to arreſt the Party, &c. and when he is come before them, may take a Recognizance for the Peace. And if the Party ſhall refuſe to find ſuch Surety, they may commit him to Priſon. And yet for the Maſter of the Rolls, it is held that he maketh Proceſs and taketh Recognizance, not as incident to his Office, (as all the other may) but by Preſcription.

The Chamberlain of Cheſter is Judge of the Court of Exchequer there, which hath the Juriſdiction of a Court of Chancery, and is by Virtue of his Office a Conſervator of the Peace there, as was amongſt other Things certified by Sir James Dyer, and the Juſtices of the Court of the Common Bench to Queen Elizabeth.

Conſervators of the Peace are now out of Uſe; and in lieu of them there are ordained Juſtices of Peace, affigned by the King's Commiſſion in every County. Sir Fr. Bacon his Uſe of the Law, pag. 12. Rh