Note Back to Main Text — Chapter XVII · RICHARD II. AND THE SOCIAL REVOLUTION. 1377—1381.

17. Justices of the Peace.—Even harshness is less dangerous than anarchy, and from time to time measures were taken to provide against anarchy. Before the Conquest order had been kept by making either the kindred or the township liable to produce offenders, and this system was maintained by the Norman kings. In the time of Richard I. all men were required to swear to keep the peace, to avoid crime, and to join in the hue and cry in pursuit of criminals. In the time of Henry III. persons called guardians of the peace were occasionally appointed to see that order was kept, and at the accession of Edward III. these officials were established for a time by Act of Parliament as conservators of the peace. In 1360, the year of the Treaty of Bretigni, they were permanently continued, and the name of Justices of the Peace was given to them. They were to keep the peace in each county, and their number was to be made up of a lord, three or four gentlemen, and a lawyer, who was in those days always a cleric.[26] They were to seize and imprison, and even to try persons accused of crime. The king named these justices, but he had to name all of them except the lawyer from amongst the local landowners. In every way, in the fourteenth century, the chief local landowners were becoming prominent. The kings attempted to govern with their help, both in Parliament and in the counties.[Back to Contents]