ſonal) but alſo all Offences againſt the Peace, &c. as may appear in Our Law Books, and eſpecially in M. Fitz. Tit. Corone, amongſt the Iter North' & Canc'.
Their beginning. For although in our Annals, it is reported that William the Conqueror ordained Juſces of the Peace about An. Dom. 1070. An. quarto of his Reign; yet the Juſtices of Peace had not their Being till almoſt Three hundred Years after, viz. An. Dom. 1327. at which Time Juſtices or Commiſſioners of the Peace were firſt created by the Statute 1 Ed. 3. c. 16. 1 Ed. 3. cap 16. By which Statute it was ordained, That in every Shire of the Realm certain Perſons ſhould be aſſigned (ſc. by the King's Commiſſion) to keep the Peace. And their Authority was after enlarged by the Statutes 4 Ed. 3. c. 2. 18 Ed. 3. c. 2. and 34 Ed. 3. c. 1. And by many other Statutes made ſince in every King's Reign. And by the ſaid Statute of 34 Ed. 3. 1. were they firſt enabled to hear and determine (at the King's Suit) all Manner of Felonies and Treſpaſſes: And each County had now its proper Commiſſioners for the Peace, whereas before the Commiſſions to the Juſtices of the Peace were not made ſeverally into one Shire, but ſometime jointly to ſundry Perſons over ſundry Shires.
And by the Statute 2 H. 5. c. 1. Stat. 2. Juſtices of Peace ſhall be made of the moſt ſufficient Perſons dwelling in the ſame Counties, by the Advice of the Chancellor and King's Council.
Their name But the Statute of 36 E. 3. c. 12. is the firſt Statute that nameth them Juſtices of the Peace. For the Statutes of 2 Ed. 3. c. 6. and 25 Ed. 3. c. 6, 7, 8. ſpeaking of Juſtices, ſeem not to be of our Juſtices of Peace; but that of 2 Ed. 3. as alſo the Statute of Wincheſter, cap. 1. therein mentioned, to be meant of Juſtices Itinerants, or Juſtices in Eyre; and the other of 25 Ed. 3. to be meant of Juſtices or Commiſſioners ſpecially aſſigned for Servants and Labourers. See for this laſt, Lamb. 24. & 577, 578. and the Statutes of Labourers made 25 E. 3. c. 6, 7, 8. and of 42 Ed. 3. c. 6. Raſtal. fol. 233. a. b. d.
Justice of Peace is a Judge of Record They be called Juſtices becauſe they be Judges of Record, and withal to put them in Mind, (by their Name) that they are to do Juſtice, which is, to yield to every Man his own according to the Laws, Cuſtoms, and Statutes of this Realm, without Reſpect of Perſons. See 2 Car. 19. 6, 7.
They are named alſo Commiſſioners of the Peace, becauſe they have their Authority by the King's Commiſſion.
The Name in Latin, Cuſtodes pacis, is equivalent to that of Juſticiarii pacis, as was reſolved Paſch. 10 Jac. B. R. the King againſt Litle, where upon a Certiorari, it was returned quod ad general, &c. coram A. & B. cuſtodibus pacis, Dom. Regis, &c. an Indictment was found, and this taken for an Exception that ſome were Cuſtodes pacis, that were not Juſticiarii pacis, yet the Exception was dſfallowed. Rolls 2. p. 95<ref>It hath been reſolved, That the Deſcription of Juſtices of Peace by the Name of Juſticiarii Domini Regis ad Pacem conſervandam, &c. is good without ſaying ad Pacem Domini Regis, for that is neciſſarily implied. The King and Hawkins, Mich. 3 Geo. 1. 2 Hawk. P. C. 38.
And here it ſhall not be amiſs ſhortly to put our Juſtices of Peace in mind, how Juſtice may be perverted many Ways, (if they ſhall not arm themſelves with the Fear of God, the Love of Truth and Juſtice, and with the Authority and Knowledge of the Laws and Statutes of this Realm.) As namely,
1. By Fear; when fearing the Power of another, they do not do Juſtice. Deut. 1. 17. Ye ſhall not fear the Face of Man, for the Judgment is God's 2 Chron. 19.6, who is Capitalis Juſticiarius totius Mundi, Chief Juſtice of Heaven and Earth, and they are his Lieutenants.
2. Favour; when they feek to pleafe their Friend, Neighbour, or other, Deut. ibid. Ye ſhall have no reſpect of Perſons in Judgment. Thou ſhlt not favour the Perſon of the Poor, nor honour the Perſon of the Mighty, but judge juſtly. Levit. 19. 15.
3. Hatred or Malice againſt the Party, or ſome of his. Levit. 19. 18. Thou ſhalt not avenge, nor be mindful of wrong.
4. Covetouſneſs; when they receive or expect Fee, Gift or Reward; for as the wiſe Man faith, Eccl 20. 28. Rewards and Gifts do blind the Eyes of the Wife, and make them Dumb, that they cannot reprove Faults.
5. Perturbation of Mind; as Anger, or ſuch like Paſſion. James 1.20. The Wrath of Man doth not accompliſh the Righteouſneſs of God.
6. Ignorance, or want of true Underſtanding of what is to be done. Ignorantia mater Erroris.
