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r keeping it[b]. [Footnote x: Lambard. Eirenarch. 12.] [Footnote y: Lamb. 12.] [Footnote z: Britton. 3.] [Footnote a: F.N.B. 81.] [Footnote b: Lamb. 14.] THOSE that were, without any office, simply and merely conservators of the peace, were chosen by the freeholders in full county court before the sheriff; the writ for their election directing them to be chosen "_de probioribus et melioribus in comitatu suo in custodes pacis_[c]." But when queen Isabel, the wife of Edward II, had contrived to depose her husband by a forced resignation of the crown, and had set up his son Edward III in his place; this, being a thing then without example in England, it was feared would much alarm the people; especially as the old king was living, though hurried about from castle to castle; till at last he met with an untimely death. To prevent therefore any risings, or other disturbance of the peace, the new king sent writs to all the sheriffs in England, the form of which is preserved by Thomas Walsingham[d], giving a plausible account of the manner of his obtaining the crown; to wit, that it was done _ipsius patris beneplacito_: and withal commanding each sheriff that the peace be kept throughout his bailiwick, on pain and peril of disinheritance and loss of life and limb. And in a few weeks after the date of these writs, it was ordained in parliament[e], that, for the better maintaining and keeping of the peace in every county, good men and lawful, which were no maintainers of evil, or barretors in the country, should be _assigned_ to keep the peace. And in this manner, and upon this occasion, was the election of the conservators of the peace taken from the people, and given to the king[f]; this assignment being construed to be by the king's commission[g]. But still they were called only conservators, wardens, or keepers of the peace, till the statute 34 Edw. III. c. 1. gave them the power of trying felonies; and then they acquired the more honorable appellation of justices[h]. [Footnote c: Lamb. 16.] [Footnote d: Hist. _A.D._ 1327.] [Footnote e: Stat. 1 Edw. III. c. 16.] [Footnote f: Lamb. 20.] [Footnote g: Stat. 4 Edw. III. c. 2. and 18 Edw. III. st. 2. c. 2.] [Footnote h: Lamb. 23.] THESE justices are appointed by the king's special commission under the great seal, the form of which was settled by all the judges, _A.D._ 1590[i]. This appoints them all[k], jointly and severally, to keep the peace, and a
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