JUSTIC E. 
560 
flioukl he maturely' weighed; it is provided by the ftat. 2 
Edvv. III. c. 2, that no fuch commiifion ought to be 
granted, but that they (hall be difpatched before the juf- 
tices of the one bench or other, or juftices errant, except for 
horrible trefpalles, and that by the fpecial favour of the 
king. 
The courts of Oyer and Terminer, and general Gaol- 
delivery, are of a general nature, and univerfaliy diffufed 
over the kingdom ; but yet are of a local jurifdiftion, 
and confined to particular dilhifts. Thefe are held be¬ 
fore the king's commifiioners, among whom are ufually 
two judges of the courts at Weftminfter, twice in every 
year, in every county of the kingdom; except the four 
northern ones, where they are held only once, and Lon¬ 
don and Middlefex, wherein they are held eight times. 
Thele were (lightly mentioned under Justices of As¬ 
sise ; and under title Assise it is obferved, that, at what 
is ufually called the Allifes, the judges fit by virtue of five 
feveral authorities ; two of which, the Com million of Af¬ 
file and its attendant jurifdiclion of Nifi Prius, being 
principally of a civil nature, are there explained ; to which 
may here be added, that thefe judices have, by virtue of 
feveral ftatutes, a criminal j 11 ril'd i A ion alfo, in certain fpe- 
cial cafes, a, Hal. P. C. 39. 2 Hawk. P. C. c. 7. As to an¬ 
other authority, the commiifion of peace, fee Justices 
of the Peace. It may here be mentioned, that all the 
juftices of the peace of any county wherein the aififes are 
held are bound by law to attend them, or elle are liable 
to a fine, in order to return recognizances, &c. and to af- 
fiii the judges in fuch matters as lie within their know¬ 
ledge and jurifdiClion, and in which 1'ome of them have 
probably been concerned, by way of previous examina¬ 
tion. The commiflion of Oyer and Terminer, to hear 
and determine ail treafons, felonies, and mifdemeanors, is 
directed to the judges and feveral others, or any two of 
them; but the judges or ferjeants at law only are of the 
quorum, fo that the reft cannot act without the prefence of 
one of them. The words of the commiifion are, “to in¬ 
quire, hear, and determine fo that, by virtue of this com- 
million, they can only proceed upon an indictment found 
at the fame aftifes; for they mult firft inquire, by means 
of the grand jury, or inqueft, before they are empowered to 
hear and determine by the help of the petit jury. There¬ 
fore they have, befides all thele, a commiifion of general 
gaol-delivery, which empowers them to try and deliver every 
prifoner who Ilia'll be in the gaol when the judges arrive 
at the circuit-town, whenever, or before whomfoever, in¬ 
dicted, or for vvhatfoever crime committed. It was an¬ 
ciently the courfe to iffue fpecial writs of gaol-delivery 
for each particular prifoner, which were called the writs 
de bono et malo-, 2 Injl. 43 : but, thefe being found incon¬ 
venient and oppreffive, a general commiifion for all the 
prifoners has long been eftablilhed in their ftead. So that, 
one way or the other, the gaols are in general cleared, and 
ail offenders tried, punilhed, or delivered, twice in every 
year; a conftitulion of lingular ufe and excellence. Some¬ 
times alfo, upon urgent occafions, the king ifl'ues a fpe¬ 
cial and extraordinary commiifion of Oyer and Terminer, 
and Gaol-delivery, confined to thofe offences which Hand 
in need of immediate inquiry and punifnment; upon 
which the courfe of proceeding is much the fame as upon 
general and ordinary commilfions. 
Formerly it was held, in purfuance of the ftatutes 8 
Rd. II. c. 2. 33 Hen. VIII. c. 4, that no judge or other 
lawyer could aft in the commiifion of Oyer and Termi¬ 
ner, or in that of Gaol-delivery, within his own county 
where he was born or inhabited ; in like manner as they 
are prohibited from being judges of afiife, and determin¬ 
ing civil caufes. But that local partiality, which the jea- 
Ioufy of our anceftors was careful to prevent, being judged 
lefs likely to operate in the trial of crimes and mifde- 
meanors than in matters of property and difputes be¬ 
tween party and party, it was thought proper, by the ftat. 
is Geo. II. c. 27, to allow any man to be 4 juftice of 
Oyer and Terminer and general Gaol-delivery within any 
county of England. 4 Comm. 269-271. In fine, as the 
Juftices of Affile and Nifi Prius are appointed to try civil 
caufes, fo are the Juftices of Oyer and Terminer and Gaol- 
delivery to try indiftments for crimes, ail over the king¬ 
dom, at what are generally denominated the circuits, or 
aififes ; and the towns where they come to execute their 
commilfions are called the afiife-towns, and are generally 
the county-towns. 
Justices of the Pavilion, jujliciarii Pavi/ionis, are 
certain Judges of a Pie-powder Court, of a molt tranl- 
cehdent jurifdiftion, held under the bilhop of Winchef- 
ter at a fair on St. Giles’s Hill near that city, by virtue of 
letters patent granted by Richard II. and Edw. IV. See 
the patent at large in Prynne's Animad. on 4 bjl. fol. igi. 
Justices of the Peace are judges of record, appoint¬ 
ed by the king’s commiifion to be juftices within certain 
limits; generally within the counties where they are refi- 
dent; for the confervation of the peace, and for the exe¬ 
cution of divers things comprehended within their com- 
rnilfion, and within divers ftatutes committed to their 
charge. Dalt. c. 2. The principal of thefe is the Cvftos Ro- 
tulorum, or Keeper of the Records of the county. 1 Comm. 
3 * 4 - 9 * 
T!ie common law hath ever had a fpecial care and re¬ 
gard for the confervation of the peace ; for peace is the 
very end and foundation of civil fociety. And there¬ 
fore, before the prefent conftitution of juftices was in¬ 
vented, there were peculiar officers appointed by the com¬ 
mon law for the maintenance of the public peace. Of 
thefe, fome had and Hill have this power annexed to other 
offices which they hold ; others had it merely by itfelf, 
and were thence named cvjlodes or confervatorespads. Thefe 
that were fo virtute ojfidi itill continue; but the latter fort 
are fuperfeded by the modern juftices. 
The king’s majefty is, by his office and dignity royal, 
the principal confervator of the peace within all his do¬ 
minions, and may give authority to any other to fee the 
peace kept, and to punifli fuch as break it; hence it is 
ufually called the king's peace. Lamb. Eirenarch. 12. The 
Lord Chancellor or Keeper, the Lord Treafurer, the Lord 
High Steward of England, (when any fuch officers are in 
being,) and all the juftices of the court of King’s Bench 
(by virtue of their offices), and the Mailer of the Rolls 
(by prefeription), are general confervators of the peace 
throughout the whole kingdom, and may commit ail 
breakers of it, or bind them in recognizances to keep it. 
I.amb. 12. The other judges are lo only in their own 
courts. The Coroner is alfo a confervator of the peace 
within his own county; as is alfo the Sheriff; and both 
of them may take a recognizance or fecurity of the peace. 
Brit. 3. F.N.B. 81. Conltables, tything-men, and the like, 
are alfo confervators of the peace within their own juril- 
diftions; and may apprehend all breakers of the peace, 
and commit them, till they find fureties for their keeping 
it. Lamb. 14. See Constable. 
Polydore Virgil fays, that Juftices of the Peace had their 
beginning in the reign of William I. called the Conque¬ 
ror; but fir Edward Coke was of opinion, that in the 
lixth year of K. Edvv. I. ■prima fuit injlitutio JuJliciarionm 
pro pace conjervandd. Mr. Prynne affirms, that in the reign 
of king Henry III. after the agreement made between 
that king and his barons, guardians ad pacem conjervandam 
were conftituted. And fir Henry Spelman differs from 
both thefe, being of opinion that they were not made un¬ 
til the beginning of the reign of king Edward III. when 
they were thought neceffary for fuppreifing commotions, 
which might happen upon dethroning king Edward II. 
It is certain the general commiifion of the peace, by fta- 
tute, began 1 Edward. III. though before that time there 
were particular commilfions of peace to certain men, in 
certain places; but not thoughout England. 2 Nelf. Ab. 
1063. 
Juftices of the peace were formerly to be allowed 4s. a- 
day 
