It was
during the reign of Edward III from 1327 to 1377 that the position
of Justice of the Peace was officially created.
From Edward
III’s reign, exclusively the Sovereign made appointments. This
enabled regular succession of officers whose primary task was to
prevent offences from being committed rather than to punish and try
offenders.
Gradually
Justices of the Peace were invested with wider judicial authority to
regulate trade and the police. By the reign of Henry IV, it had
become the rule to charge Justices of the Peace with these duties.
The “good men and lawful” appointed to the position were given far
ranging powers, making them the “jacks of all trades” in the day to
day administration of the community.
Early in the reign of Henry
VII it was enacted that justices, at their discretion, could hear
and determine all offences short of felony. In 1653, justices were
empowered to take the mutual declarations of the contracting parties
to a marriage. They were also authorize to receive information about
any indictable offence and were invested with important
administrative functions such as licensing alehouses and controlling
police. They acted, of course, in an honorary
capacity.
As the
place where civil justice starts, it is the mission of the Justice
of the Peace to serve the people of by efficient and accessible to
all, and to treat all persons with integrity, fairness, and respect.
In
Massachusetts, as well as other English colonies as early as the
1600’s, Justices of the Peace were commission to handle minor civil
cases. Along with a host of other duties, Centuries on behalf of the
English Crown was a primary duty of the Justices of the Peace. Thus,
the office of the justice of the peace as it then existed was
inherited from England.
The powers vested in
the Office at this time were so wide-ranging they could only be
listed under their alphabetical order in the Charter of Justice. One
historian, describing their work, said, “they regulated wages,
prices, profits, employment, marriages, wearing apparel,
apprenticeship and house-building... they were put in charge of the
regulations dealing with weights and measures, the maintenance of
bridges, the upkeep of roads, the administration of the Poor Law,
the building and control of local prisons”.
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