See as to this statute 4 Co. 126, stating that it was but a declaration of the common law, and therewith
agreed.
    This prerogative or right attached to the proprietor and to the state, without any express declaration
as far as it respected the custody of the idiot and his lands, but without taking the profits.  See
4 Bl. Com. 303.
    This custody is (as in England,) entrusted to the Chancellor, which was the case before it was expressly
given by the act of 1785, Ch. 72, Sect. 6; but the original right being in the state, this statute
is thought proper to be incorporated, &c.

    See the note on Ch. 9; but the king in England is not entitled to the profits, but holds the lands as
trustee.
 

    It appears from the council proceedings, that as early as 1637, provision was made for the appointment
of officers for the conservation of the peace; and certain persons were authorised to hold plea
of all offences that might be heard and determined by any justice of peace in England.  Many of
the statutes on this subject are of a local nature, but this appears to be a general provision which was
applicable to the people of the province, and is so to the citizens of the state, although who shall be accounted
" good and lawful men," must be left to the discretion of those who make the appointments.
 

    As to the part of this statute respecting justices of the peace, see the note on 1 Edw. 3, Ch. 16.
 

    The statutes of amendment and jeofails were so essential in the administration of justice, that
there can be no doubt from that circumstance, and from what is known as to the practice, of their
having extended to the province.  The effect of them being, as stated by Blackstone, (3d vol. 406,)
to guard against trifling exceptions, so that writs of error cannot be maintained, but for some material
mistake assigned.