Page 6 - Keeping the Peace

iv Keeping the Peace – A History of Honorary Justices in Victoria
Custodes Pacis: minded to observe the law of the realm rightly
Today’s JP are part of a long history. The precursor of the JP, ‘Custodes Pacis’ or Keepers of the Peace, can be dated as far back as 1195 when Richard I issued an edict to create this office in order to handle local disturbances. Local gentry were conferred with judicial duties as a means of enabling four knights in every 100 to summon before them all men aged 15 and over. These men were required to take an oath that they would not become outlaws and that, as required, they would pursue offenders, apprehend them and hand them over to the knights who would then report them to the local sheriff. They were drawn from local men of substance and independence and, as such, were often not trusted by the general community who felt excluded from their ranks.
The 1215 edict known as the Magna Carta, signed by King John and the Barons of England, defined the spirit of these times and articulated the ways the law-keepers would operate across the counties. It also assures the English people that:
‘We will not make men justices, constables, sheriffs, or bailiffs unless they are such as know the law of the realm, and are minded to observe it rightly.’
The powers of the Justice of the Peace Act 1361 (UK), is commonly seen to be the first formal creation of the office of ‘Keepers of the Peace’ and of the creation of what was to become the Magistrates’ Courts, or the Courts of Petty Sessions.
The role enjoyed a significant degree of power and influence from the 18th century and JPs were able to conduct local affairs as they saw fit, combining administrative and judicial functions. The laws governing the judicial activities of JPs in the United Kingdom were codified in the Summary Jurisdiction Act 1848 (UK). These developments were reflected in Victoria’s Magistrates’ Courts.