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/26

4 Peace were, the Peace was preerved, and that by the Contables. And that the Statute which ordained Jutices of the Peace, did not take away the Authority of the Contable. But the Contable hath no Authority to take an Oath of the Party that is in Fear, &c. Whereunto Anderon Ch. Jutice replied, aying, I doubt not but that at the Common Law the Peace was kept, but that was to be done in uch Manner as the Law appointed, and that is, by Writ out of the Chancery or King's Bench.

And yet I have een another Author, uppoed to be Sir ''Tho. Egerton, after Lord Chancellor; who writeth in thee Words, By the Common Law the Contable's Office was, to arret the Parties that had broken the Peace, or were (in a Fury) ready to break the Peace; {{Outside L|10 E. 4. 18.c.'' if either he had een it himelf, or were truly informed thereof by others, or upon the Confeion of the Party who had frehly broken the Peace: {{outside L|21. E.4. 35.}} And that all such Offenders the Contable might imprion in the Stocks, or in his own Houe, as the Quality required, until they had been bound by Obligation with Sureties to the King to keep the Peace from henceforth; which Obligation was to be ealed and delivered to the Contable to the Ue of the King; and the Contable was to end it into the Exchequer, or Chancery, from whence Proces {{ls}}hould be awarded to levy the Debt, if the Peace be broken. Quod nota. Vide etiam Finch, fol. 127. agreeing herewith, for {{ls}}uch as the Con{{ls}}table findeth breaking the Peace.

Every of the{{ls}}e Con{{ls}}ervators of the Peace are (by the Common Law) to imploy their own, and may al{{ls}}o command the Help of others, or arre{{ls}}t and pacify all {{ls}}uch who in their Pre{{ls}}ence and within their Juri{{ls}}diction and Limits, by Word or Deed, {{ls}}hall go about to break the Peace.

{{LR sidenote|Affrays.}} Now the{{ls}}e Confervators of the Peace are only to meddle with Affrays, A{{ls}}{{ls}}aults and Batteries, or Threatnings to break the Peace, done in their Pre{{ls}}ence; but not with Riots, or Forcible Entries, or Detainers.

And if a Con{{ls}}ervator of the Peace, being required to {{ls}}ee the Peace kept, {{ls}}hall be negligent therein, he may be indicted and fined for the {{ls}}ame.

Al{{ls}}o every of the{{ls}}e Con{{ls}}ervators of the Peace, if they have committed or bound over any {{ls}}uch Offenders, they are then to {{ls}}end to, or be pre{{ls}}ent at, and attend the next Se{{ls}}{{ls}}ions of the Peace or Gaol-delivery, there to object again{{ls}}t them.

But for the High Con{{ls}}tables and Petty Con{{ls}}tables, although they have (by the Common Law) the Charge of the Peace, as incident to their Office; yet their Offices and Authority began not long before the Time that Ju{{ls}}tices of the Peace were ordained (See here Title Con{{ls}}table.) Whereas the Sheriffs, Coroners, Stewards of the Sheriff's Turn, of the Leet, and of the Court of Piepowders, and the Ju{{ls}}tices of all higher Courts, were long Time before the Conque{{ls}}t. See Co. 9 Part, the Preface.

There were other Per{{ls}}ons who (by the Common Law) had the ordinary Keeping of the Peace, and were named Cu{{ls}}todes pacis; whereof {{ls}}ome were by Election (in full County) and {{ls}}ome by Tenure, as you may {{ls}}ee in M. Lambard 16, 17. There were others which were called to this Office by the King's Writ, to continue for the Term of their Lives, or at the King's Plea{{ls}}ure, but the{{ls}}e are now all cea{{ls}}ed.

{{center|{{xx-larger|CHAP. II.}}}} {{center|The fir{{ls}}t Ordaining of ju{{ls}}tices of the Peace.}}

{{LR sidenote|See this Oath at large, Brac. lib 3. and Dr. Cowel 235.}} {{di|K}}ing Edward the Fir{{ls}}t, (according to the fir{{ls}}t Article of the Oath taken by him, and {{ls}}ince by other Kings and Queens of this Realm at their {{ls}}everal Coronations, in the{{ls}}e Words, Servabi's Ecclefiæ Dei, Clero & Populo, Pacem ex Integro, & Concordiam in Deo {{ls}}ecundum vires tuas. Quibus Rex re{{ls}}pondet, Servabo.) in his fir{{ls}}t Parliament holden An. 3. of his Reign, Cap. 1. did e{{ls}}tabli{{ls}}h, that the Peace of Holy Church and of the Land {{ls}}hall be well kept and maintained in all Points: Which Peace of the Church is (and always hath been by the antient Laws of this Land) protected by the King, the Archbi{{ls}}hops and Bi{{ls}}hops of this Realm; and the Peace of the Land is, and always hath been, defended and maintained by the {{ls}}ame King, and his temporal Ju{{ls}}tices or Officers lawfully appointed for the {{ls}}ame, &c. which Temporal Ju{{ls}}tices, at the fir{{ls}}t, were the Con{{ls}}ervators of the Peace, as afore{{ls}}aid. But more e{{ls}}pecially in tho{{ls}}e Times there were al{{ls}}o in every County Ju{{ls}}tices of Oyer and Terminer, and al{{ls}}o there were Ju{{ls}}tices Itinerants, which had Power not only to determine all Manner of Quarrels, (as well Real and {{hws|s=Per|e={{ls}}onal)|title=personal}} {{sidenotes end}}