King's Peace and English Peace-Magistracy. 41 



than a century and a half of experiment, the local peace- 

 magistracy assumed its definite form and its present name.^ 



III. THE JUSTICE OF THE PEACE. 



{a). — CJiaracter of the Office. 



By the act of 1360, in each county,^ a lord and three or 

 four of the most worthy, together with some learned in the 

 law, were authorized to seize, examine, and punish, by com- 

 mon or statute law, or according to their best judgment, all 

 disturbances of the peace ; on complaint in the king's name, 

 to hear and determine felonies, or on suspicion to arrest and 

 imprison all dangerous persons, or to take surety for their 

 good behavior. -5 



These powers constitute the broad outlines of the justice's 

 functions both in England and America even at the present 

 hour. 



But the extent of their jurisdiction was only gradually 

 determined by a great number of special statutes conferring 

 particular powers upon them ; and, in some instances, their 

 general competence was long left undefined, except as it 

 might be inferred from the general powers of local peace 

 officers. Thus the right to make preliminary inquiry into 



1 It is not certainly known when the name ' justice ' was first given to the 

 peace-magistrate. Marrow holds that the wardens were made justices by 18 

 Edward III. But Lambard, Eirenarcha, 22-3, thinks that the name dates from 

 1360, as, within one or two years thereafter, it is found in use. Cf. Dalton, The 

 Country yustice, 7. 



2 Lambard holds that previous to the act of 34 Edward III, it had usually 

 been the practice to assign commissioners over several shires in a group : Eiren- 

 archa, 21. Henceforth a separate commission for each county was issued. But 

 there are some exceptional cases. Each of the three ridings of Yorkshire and 

 each of the three parts of Lincolnshire has a separate commission. A separate 

 commission is also issued to the liberties of Ely, Ripen, and Peterborough. 

 Various boroughs, also, have separate commissions : Maitland, yustice and Po- 

 lice, 94 ff.; Gneist, II, 180. 



3 Statutes at Large, II, 135. Cf. Gneist, II, 43; Reeves, Hist, of Eng. Law, 

 III, 205; Stephen, Hist, of Crim. Law, I, 113; Wood, Lnstitute, 83-88. 



275 



