Page:William Blackstone, Commentaries on the Laws of England (3rd ed, 1768, vol I).djvu/366

 350 king's majety is, by his office and dignity royal, the principal conervator of the peace within all his dominions; and may give authority to any other to ee the peace kept, and to punih uch as break it: hence it is uually called the king's peace. The lord chancellor or keeper, the lord treaurer, the lord high teward of England, the lord marechal, and lord high contable of England (when any uch officers are in being) and all the jutices of the court of king's bench (by virtue of their offices) and the mater of the rolls (by precription) are general conervators of the peace throughout the whole kingdom, and may commit all breakers of it, or bind them in recognizances to keep it : the other judges are only o in their own courts. The coroner is alo a conervator of the peace within his own county ; as is alo the heriff ; and both of them may take a recognizance or ecurity for the peace. Contables, tythingmen, and the like, are alo conervators of the peace within their own juridictions; and may apprehend all breakers of the peace, and commit them till they find ureties for their keeping it.

that were, without any office, imply and merely conervators of the peace, either claimed that power by precription or were bound to exercie it by the tenure of their lands ; or, latly, were choen by the freeholders in full county court before the heriff; the writ for their election directing them to be choen "de probioribus et potentioribus comitatus ui in cutodes pacis ." But when queen Iabel, the wife of Edward II, had contrived to depoe her huband by a forced reignation of the crown, and had et up his on Edward III in his place; this, being a thing then without example in England, it was feared would much alarm the people; epecially as the old king was living, though hurried about from catle to catle; till at lat he Rh