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 Ch. 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 King's Bench.
Bacon V 5. And yet I have ſeen another Author, ſuppoſed to be Sir Tho. Egerton, after Lord Chancellor; who writeth in theſe Words, By the Common Law the Conſtable's Office was, to arreſt the Parties that had broken the Peace, or were (in a Fury) ready to break the Peace; {{Outside L|10 E. 4. 18.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: 21. E.4. 35. 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.
Every of theſe Conſervators of the Peace are (by the Common Law) to imploy their own, and may alſo command the Help of others, or arreſt and pacify all ſuch who in their Preſence and within their Juriſdiction and Limits, by Word or Deed, ſhall go about to break the Peace.
Affrays. Now theſe Confervators of the Peace are only to meddle with Affrays, Aſſaults and Batteries, or Threatnings to break the Peace, done in their Preſence; but not with Riots, or Forcible Entries, or Detainers.
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.
Alſo every of theſe Conſervators of the Peace, if they have committed or bound over any ſuch Offenders, they are then to ſend to, or be preſent at, and attend the next Seſſions of the Peace or Gaol-delivery, there to object againſt them.
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 their Offices and Authority began not long before the Time that Juſtices of the Peace were ordained (See here Title Conſtable.) Whereas the Sheriffs, Coroners, Stewards of the Sheriff's Turn, of the Leet, and of the Court of Piepowders, and the Juſtices of all higher Courts, were long Time before the Conqueſt. See Co. 9 Part, the Preface.
There were other Perſons who (by the Common Law) had the ordinary Keeping of the Peace, and were named Cuſtodes pacis; whereof ſome were by Election (in full County) and ſome by Tenure, as you may ſee 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 Pleaſure, but theſe are now all ceaſed.
CHAP. II.
The firſt Ordaining of juſtices of the Peace.
See this Oath at large, Brac. lib 3. and Dr. Cowel 235. King Edward the Firſt, (according to the firſt Article of the Oath taken by him, and ſince by other Kings and Queens of this Realm at their ſeveral Coronations, in theſe Words, Servabi's Ecclefiæ Dei, Clero & Populo, Pacem ex Integro, & Concordiam in Deo ſecundum vires tuas. Quibus Rex reſpondet, Servabo.) in his firſt Parliament holden An. 3. of his Reign, Cap. 1. did eſtabliſh, that the Peace of Holy Church and of the Land ſhall 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 Archbiſhops and Biſhops of this Realm; and the Peace of the Land is, and always hath been, defended and maintained by the ſame King, and his temporal Juſtices or Officers lawfully appointed for the ſame, &c. which Temporal Juſtices, at the firſt, were the Conſervators of the Peace, as aforeſaid. But more eſpecially in thoſe Times there were alſo in every County Juſtices of Oyer and Terminer, and alſo there were Juſtices Itinerants, which had Power not only to determine all Manner of Quarrels, (as well Real and Per-
