OF THE PEACE.] The following account is generally given of the origin of the present justices of the peace. Upon the compulsory re signation of Edward II., Edward III., or rather his mother Isabella, in his name, sent writs to the different sheriffs, stating that his accession had taken place with his father's assent, and commanding that the peace should be kept on pain of disin heritance and loss of life and limb. Within a few weeks from this time it was ordained, by I Edward III. c. 16, that for the better keeping and maintaining of the peace in every county good and lawful men who were not maintainers of barretry (malveiz barrets) should be assigned to keep the peace. The mode in which these new keepers of the peace were to be assigned was construed to be by the king's commission ; and this ordinance had the double effect of transferring the appointment from the people to the crown, and of laying the foundation for the gra dual accession of those powers which are now exercised by justices of the peace.
By 12 Richard II. c. 10, the wages of justices of the peace are fixed at four shillings per day of sessions, and two shil lings for their clerks, payable out of the fines and amerciaments at such sessions ; but these wages, like those of members of parliament, have long ceased to be re ceived, and justices of the peace act with out any pay or emolument.
Justices of the peace are appointed either by act of parliament, by royal charter (in the case of ,justices in boroughs not within the Municipal Corporations Act the charter usually appointing cer tain municipal officers to be justices, and prescribing the manner in which vacan cies in the offices are to be filled up), or by a commission from the crown under the statute of 1 Edward III. The form of the commission of the peace has from time to time been altered, and the autho rity of the justices enlarged. As now framed,it consists of two distinct parts, and contains two separate grants of authority. Of these the former gives to any one or more justices not only all the power re lating to the maintenance of the peace which was possessed by the conservators at common law, but also all the additional authority mentioned in the statutes. The latter defines the power of justices when the whole body, or such of them as choose to attend, act together in general sessions. [SEsszossi The former part of the commission is as follows :—" Victoria, &c., to AB, CD, EF, &c., greeting : Know ye that We have assigned you jointly and severally, and every one of you, Our justices to keep Our peace in Our county of Z, and to keep and cause to be kept all ordi nances and statutes for the good of the peace and for the preservation of the same, and for the quiet rule and govern ment of Our people made, in all and singular their articles in Our said county, as well within liberties as without, accord ing to the force, form, and effect of the same, and to chastise and punish all per sons that offend against the form of those ordinances or statutes, or any one of them, in the aforesaid county, as it ought to be done according to the form of those ordi nances and statutes ; and to cause to come before you or any of you all those who to any one or more of Our people, con cerning their bodies or firing their houses, have used threats, to find sufficient secu rity for the peace or their good behaviour towards Us and Our people ; and if they shall refuse to find such security, then them in Our prisons, until they shall find such security, to cause to be safely kept."
By 5 Geo. II., c. 18, no attorney, soli citor, or proctor shall be a justice of the peace for any county whilst he continues in practice. By 18 Geo. II. c. 20, no person shall be capable of acting as a ps dee of the peace for any county, riding, or division within England or Wales, who shall not have, in law or equity, to and for his own use and benefit, in pcs session a freehold, copyhold, or customary estate for life, or for some greater estate, or an estate for some long term of years determinable upon life or lives, or for a certain term originally created for twenty one years or more, in lands, tenements, or hereditaments in England or Wales, of the clear yearly value of 100/. over and above all incumbrances affecting, and all rents and charges payable out of or in respect of the same, or who shall not be seised of or entitled to, in law or equity, to and for his own use and benefit, the im mediate reversion or remainder of and in lands, tenements, and hereditaments, leased for one, two, or three lives, or for any term of years determinable on lives upon reserved rents, and which are of the yearly value of 300/., and who shall not have taken and subscribed an oath stating the nature of the qualifying estate. The third section of this statute imposes a penalty of 100/. upon those who act with out having taken and subscribed the oath, and for acting without being qualified. The statute, however, excepts from these provisions certain official persons. A justice of the peace cannot legally act after he has ceased to be qualified ; but it is not necessary that he should continue to retain the same qualification, nor will the absence of a qualification render his acts absolutely void.