| Chap. 1. |
Justices of the Peace.
the Peace, and therefore may use such means doe keeping of the Peace
by
taking Surety by Obligation. And that before Justices of Peace
were, the
Peace was preserved, and that by the Constables. And that the Statute
which
ordained Justices of the Peace, did not take away the Authority of the
Constable. But the Constable hath no Authority to take an Oath of
the
Party that is in fear, &c. Whereunto Anderson Chief Justice
replied, saying,
I doubt not but that at the Common Law the Peace was kept, but that was
to be done in such manner as the Law appointed, and that is, by writ out
of the Chancery or Kings Bench. |
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Bacon V.
5. |
And yet I have seen another Author supposed to be
Sir Thomas Egerton
after Lord Chancellor; who writeth in these words: By the Common
Law
the Constables Office was, to arrest the parties that had broken the
Peace,
or were (in a fury) ready to break the Peace; sc. if either
he had seen it
himself, or were truly informed thereof by others, or upon the Confession
of the party who had freshly broken the Peace: And that all such
Offenders
the Constable might imprison in the Stocks, or in his own House, 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 sealed and delivered to the Constable to the use of the King; and the
Constable was to send it into the Exchequer, or Chancery, from whence
Process should be awarded to levy the Debt, if the Peace be broken.
Quod nota. Vide etiam Finch, fol. 127. ' agreeing
herewith, for such as the
' Constable findeth breaking the Peace. |
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| §. 8. |
Every of theses Conservators of the peace are (by
the ancient Common
Law) to imploy their own valour, and may also command the meet help,
aid and force of others, or arrest and pacifie also such who in their presence
and within their jurisdiction and limits, by word or deed, shall go about
to break the Peace. |
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' Now these Conservators of the Peace are only to
meddle with Affrays,
' Assaults and Batteries or Threatenings to break the Peace, done in their
presence; but not with Riots, or Forcible Entries, or Detainers. |
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' And if a Conservator of the Peace, being required
to see the Peace
' kept, shall be negligent therein, he may be indicted and fined for the
' same. |
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Also every of these Conservators of the Peace, if
they have committed
or bound over any such Offenders, it seemeth they are then only to send
to, or be present at, and attend the next Sessions of the Peace or Gaol-delivery,
thereto object against such Offenders. |
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But for the High Constables and Petty Constables,
although they have
(by the Common Law) the Charge of the Peace, as incident to their
Office; yet it seemeth that their Offices and Authority began not long
before
the time that Justices of the Peace were ordained: (See here titulo
Constable.) Whereas the Sheriffs, Coroners, Stewards of the Sheriffs
Turn,
of the Leet, and of the Court of Pipowders, and the Justices of all higher
Courts, were long time before the Conquest. See Co. 9 Part.
the Preface. |
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There were sundry other persons who (by the ancient
Common Law)
had the ordinary keeping of the Peace, and were names Custodes pacis;
whereof some were by Election (in full County) and some by Tenure,
as you may see in M Lambert 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 pleasure, but these are now all ceased. |
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B 3
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