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Dalton's The Country Justice, 1690
Volume 153, Page 1   View pdf image (33K)
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Chap. 1.
 
 
 
 
 
 
 

    §. 1. 
* The Law of God is
the Law of
the Land.
34 H. 6.40.
Pris. Doct.
& St. lib. 1.
cap. 6.
Fitz. 3.
Co. 340.
Common 
Law is
common
Reason.
Vide Plo.
36a. 67a.
107.b.
& 465 a.
Co. Li. 142
Co. 3.8 &c.
9.  Part,
Preface,
fortescue
c. 17.
Lit. 209.

Justices of the Peace.
 

CHAP. 1.

Of the Common Law, and of such as had, and still
    have,  the Conservation of the Peace by the Common 
   Law.

    THE Common Laws of this Realm of England, receiving principally
their Grounds from the Laws of * God and Nature, (which
Law of Nature, as it pertaineth to man, is also called the Law of 
Reason) and being, for their Antiquity, those whereby this
Realm was governed many hundred years before the Conquest;
the Equity and Excellency whereof is such; as that there is no human
Law within the circuit of the whole World, by infinite degrees, so apt and
profitable for the honourable, peaceable, and prosperous Government of
this Kingdom, and so necessary for all Estates, and for all Causes, concerning
Life, Lands or Goods, as these Laws be:  These Laws, (I say) even
from their beginning, have continued a special care for the Conservation 
of the Peace of this Land.  And, to that purpose, at the Common Law (long
before Justices of the Peace were made) there were sundry persons to
whose charge the maintenance of this Peace was recommended, and who,
with their other Offices, had (and yet still have) the Conservation of the
Peace annexed to their charges, as a thing incident to and unseparable from
their said Offices.  And yet nevertheless they were and are called by the
names of their Offices only, the Conservation of the Peace being included
therein.

1
 
 
 
 
 
 
 

Common
Law.

    §. 2.
20 H. 7.7. a.
Co. 11.85.
    First, The King's Majesty (by his Dignity Royal) is the principal Conservator
of the Peace within His Dominions, (and is Capitalis Justiciarius
Angliæ) in whose hands at the beginning, the Administration of all Justice
and all Jurisdiction in all causes first was; and afterwards by and from him 
only was this Authority derived and given to others.
King.
    And yet so, as that whatsoever Power is by him committed over unto
other men, the same nevertheless remaineth still in himself; insomuch that
he may himself in person fit in Judgment, as in ancient time other Kings
here have done, and may take knowledge of all cases and causes, unless
they concern himself; for in such cases wherein the King is a party, the
King cannot properly fit in Judgment, but must perform that by his Justices
Commissioners, or the like, as in cases of Treason, Felonies, or such other.
The King also, as he is the principal Conservator of the Peace himself, so
he may command all others, and may award Process against them to conserve
the Peace; but he cannot take a Recognizance for the Peace, because
the Recognizance is made to himself, &c.
    § 3.
Officers.
    The Lord Chancellor, (or Lord Keeper of the Great Seal) the Lord
High Steward of England, the Lord Marshall, and High Constable of
England, the Lord Treasurer of England, and every Justice of the King's
Bench, as also the Master of the Rolls, have inclosed in their said Offices
the Conservation of the Peace over all the Realm; and every of these may
award Precepts, and take Recognizances for the Peace, by virtue of their
Places and as incident to their Offices; yea, every one of these upon prayer
of Surety of the Peace made to them, or any of them against another hath
authority to award or grant their Precept or Warrant to the Sheriff, Constables,
Lamb. 12.
B


 
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Dalton's The Country Justice, 1690
Volume 153, Page 1   View pdf image (33K)
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