CONSERVATOR OF THE PEACE. He who hath an especial charge, by virtue of his office, to see that the king's peace be kept.
Before the reign of Edward III., who created justices of the peace, there were sundry persons interested to keep the peace, of whom there were two classes: one of which had the power annexed to the office which they hold; the other had it mere ly by itself, and were hence called wardens or con servators of the peace. Lombard, Eirenarchia, 1. 1, c. 3. This latter sort are superseded by the modern justices of the peace; 1 Bla. Com. 349.
The king was the principal conservator of the peace within all his dominions. The lord chancel lor or keeper, the lord treasurer, the lord high steward, the lord marshal and lord high constable, all the justices of the court of king's bench (by vir tue of their offices), and-the master of the rolls (by prescription) were general conservators of the peace throughout the whole kingdom, and might commit all breakers of it, or bind them in recognizances to keep it: the other judges were only so in their own courts. The coroner was also a conservator of the peace within hie own county, as also the sheriff; and both of them, might take recognizances or security for the peace. Constables, tythingmen, and justices
of the peace were also conservators of the peace within their own jurisdiction; and might apprehend all breakers of the peace, and commit them until they found sureties for their keeping it. See Steph en, Hist. Cr. L. 110; Burns Justice ; 19 State Tr. (Judgment of Lord Camden).
The and other similar officers of the various states, and also of the United States, are conservators of the public peace, being entitled "to hold to the security of the peace and during good behavior." The Constitution of Delaware (1831) pro vides that : "The members of the senate and house of representatives, the chancellor, the judges, and the attorney-general shall, by virtue of their offices, be conservators of the peace throughout the state ; and the treasur er, secretary, and prothonotaries, registers, recorders, sheriffs, and coroners, shall, by virtue of their offices, be conservators there of within the counties respectively in which they reside."