40 George E. Hoivard, 



In 1330, by the statute of 4 Edward III, the magistrates 

 assigned to keep the peace gain the additional power of taking 

 indictments for trial before the justices of jail delivery ; and 

 the sheriffs or other " ministers " are prohibited from letting 

 to bail or mainprise persons so indicted unless they are 

 "mainpernable by the law." ^ 



A far more important step in advance was made in 1344. 

 In that year it was enacted that " two or three of the best of 

 reputation in the counties shall be assigned keepers of the 

 peace, custodes pacis, by the King's Commission, and at what 

 time need shall be, the same, with other wise and learned in 

 the law, shall be assigned by the King's Commission, to hear 

 and determine felonies and trespasses done against the peace 

 in the same counties, and to inflict punishment reasonably." ^ 

 By this act, it will be observed, two different commissions 

 are provided for. By the first, the powers of mere wardens 

 or keepers of the peace are conferred. By the second, which 

 is to be issued only in case of need, the same officers are, 

 from time to time, granted judicial power in specific in- 

 stances ; '^ and in this respect — as a standing board ready 

 to be employed in judicial business whenever required — 

 there is a distinct gain as compared with the conservators 

 of 1328. 



For the purpose of enforcing the Statute of Laborers, offi- 

 cers called "justices of laborers" were created by the acts of 

 23 and 25 Edward III.* But their functions were eventually 

 merged in those of justices of the peace.^ 



Finally in 1360, by 34 Edward III, the permanent office 

 of justice of the peace was instituted ; and thus, after more 



1 Lambard, Eirenarc/in, 21; Stat tiles at Large, I, 43 1; Stephen, Hist, of the 

 Criin. La-o, I, 1 12-13; Reeves, Hist, of Eng. Law, III, 203. 



- " . . . gardeins de la pees par commission de Roy " : Statutes at Large, II, 



II. Cf. Stephen, Hist, of the Crim. Law, I, 113; Reexes, Hist, of Eng. Law, 



III, 203; Gneist, II, 42; Stubbs, Const. Hist., II, 273. 



i* Lambard, Eirenarcha, 22-3. * Statutes at Large, II, 29, 31-5. 



6 By 2 Henry V, c. 4: Statutes at Large, III, 12. Cf. Gneist, II, 171, 43. On 

 the early conservators, see Burn, Justice of the Peace, 420-421; Dalton, The 

 Country Justice, 6-13. 



274 



