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see the peace maintained; and they were called to the office by the King's writ, to continue for term of their lives, [or at the King's pleasure.] 1

For this service, choice was made of the best men of calling in the country, and but few in a shire.

They might bind any man to keep the peace, and to good behaviour, by recognizance to the King with sureties; and might by warrant send for the party, directing their warrant to the sheriff or constable as they please, to arrest the party and bring him before them. This they used to do when complaint was made by any man that stood in fear of another, and so took his oath; or else, where the conservator did himself, without complaint, see the disposition of any man inclined to quarrel and breach of the peace, or to misbehave himself in some outrageous course of force or fraud, there by his own discretion he might send for such a fellow, and make him find sureties of the peace or good behaviour, as he should see cause; or else commit him to the gaol if he refused.

The judges of the King's Bench 2 at Westminster, barons of the Exchequer, master of the rolls, and justices in eyre and assizes in their circuits, were all, without writ, conservators of the peace by their office in all shires of England, and so do continue to this day. But now conservators of the peace by writ are out of use; for that in lieu of them there are ordained justices of peace, assigned by the King's commission in every county, which are removeable at the King's pleasure; and the power of placing and displacing justices of the

1 This is omitted in Sloane MS.

2 The printed text and Sloane MS. have "either bench." It will be observed that the institution of the Common Pleas is described as subsequent.

peace is by use delegated from the King to the Chan

cellor.

That there should be justices of peace by commission, it was first enacted by a statute made 1 Edward III. and their authority augmented by many statutes since made in every King's reign.

They are appointed to keep four sessions every year; that is to say, every quarter one. This session is a sitting time to assemble and dispatch the affairs of their commission. They have power to hear and determine in their sessions all felonies, breaches of the peace, contempts, and trespasses, so far as to fine the offender to the crown, but not to award recompence to the party grieved. They are to suppress riots and tumults; to restore possessions forcibly taken away, to examine all felons apprehended and brought before them; to see impotent poor people or maimed soldiers provided for according to the laws; and rogues, vagabonds, and beggars punished. They are to [license and 1] suppress alehouses, badgers 2 of corn and victuals, and to punish forestallers, regrators, and engrossers.

Through these, in effect, run all the county services to the crown; as taxation of subsidies, mustering men, arming them, and levying forces by commission or precept from the King. Any of these justices, upon oath taken by a man that he standeth in fear that another will beat him, or kill him, or burn his house, are to send for the party by warrant of attachment directed to the sheriff or constable, and they are to bind the

1 Harl. MS. has "to cease and suppress:" Sloane MS. omits the part in brackets. The licensing was not at common law but introduced by statute 5 and 6 Ed. VI. c. 25.

2 Stat. 5 Eliz. c. 12.

party with sureties by recognizance to the King to keep the peace, and also to appear at the next sessions of the peace. At which next sessions, when every justice of peace hath there delivered in all his recognizances so taken, then the parties are called and the cause of binding to the peace examined; and both parties being heard, the whole bench is to determine as they see cause, either to continue the party still bound, or to discharge him.

These justices at the sessions are attended with the constables and bailiffs of all hundreds and liberties within the county, and with the sheriff or his deputy, to be employed as occasion shall serve in executing the precepts and directions of the court. They proceed in this sort the sheriff doth summon twenty-four discreet men, freeholders of the county; whereof some sixteen are selected and sworn, and have their charge to serve as the grand jury, to enquire and present all offences which the justices can deal in: to whom all persons grieved prefer Bills of Indictment; and they being found and presented by the grand jury, the party indicted is to traverse the indictment, which is to deny it to be true, or else to confess it, and so submit himself to be fined as the court shall think meet, regard had to the offence, except the punishment be certainly appointed, as often it is, by special Acts of Parliament.

The justices of peace are many in every county. And to them are brought all traitors, felons, and other malefactors of any sort upon their first apprehension in the county; and that justice to whom they are brought examineth them, and heareth their accusation, but judgeth not upon it; only if he find the suspicion but light, then he taketh bond with sureties of the accused to ap

pear either at the next assizes, if it be matter of treason or felony, or else at the quarter sessions, if it be concerning riot, misbehaviour, or some other small offence. And he also bindeth to appear there and give testimony and prosecute the accusation all the accusers and witnesses; and so setteth the party at large. And at the assizes or sessions, as the case falleth out, he certifieth the recognizances taken of the accused, accusers, and witnesses, who being all there called, and appearing, the cause against the accused is dealt in according to law for his clearing or condemning.

But if the party apprehended seem, upon pregnant matter in the accusation and examination, to the justice to be guilty, and the offence heinous, or the of fender taken with the mainour, then the justice is to commit the party by his warrant, called a mittimus, directed to the gaoler of the common gaol of the coun ty, there to remain until the assizes come. And then the justice must certify his accusation and examination, and return the recognizance taken for appearance and prosecution of the witnesses; so as the judges at the assizes may, when they come, readily proceed with him as the law prescribeth.

The judges of circuits as they be now, are come into the place of the ancient justices in eyre, called justiciarii itinerantes, by which the prime Kings after the Conquest, until Hen. III.'s time especially, and after that, in lesser measure, even to Rich. II., did execute the justice of the realm.

They began in this sort:

The King, not able to dispatch matters in his own person, erected the Court of King's Bench: that not able to do all, nor meet to draw the people all to one

place, there were ordained counties and then sheriff's turns, hundred courts, and particular leet, and lawdays, as is before mentioned; which dealt only with crown matters for the public, but not with private titles of lands or goods, nor the trial of grand offences of treasons and felonies. But all the counties of the realm were divided into six circuits, and two learned men well read in the laws and customs of the realm were assigned by the King's commission to every circuit, to ride twice a year through those shires allotted that circuit, making proclamation beforehand a convenient time, in every county, of the time of their coming and place of their sitting, to the end the people might attend them in every county of the circuit. They were to stay three or four days in every shire, and in that time all the causes of the county were brought before them by the parties grieved, and all the prisoners in the gaols in every shire, and whatsoever controversies arisen concerning life, liberty, lands, or goods.

The authority of these justices in eyre is [in part]1 transferred by act of parliament to justices of assize, which be now the judges of circuits; and they do use the same course that justices in eyre did, to proclaim their coming every half year, and the place of their sitting.

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