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Peace (law)
The legal term peace, sometimes king's peace (Latin: pax regis) or queen's peace, is the common-law concept of the maintenance of public order.
The concept of the king's peace originated in Anglo-Saxon law, where it initially applied the special protections accorded to the households of the English kings and their retainers. A breach of the king's peace, which could be either a crime or a tort, was a serious matter. The concept of the king's peace expanded in the 10th and 11th centuries to accord the king's protection to particular times (such as holidays), places (such as highways and churches), and individuals (such as legates). By the time of the Norman Conquest, the notion of the king's peace became more general, referring to the safeguarding of public order more broadly. In subsequent centuries, those responsible for enforcing the king's peace (besides the king himself) included the King's Bench and various local officials, including the sheriff, coroner, justice of the peace, and constable.
In modern Britain, the police services are responsible for keeping the peace, a duty distinct from their duty of law enforcement. The concept has remained relevant in English law; in R v Secretary of State for the Home Department, ex parte Northumbria Police Authority (1989), the Court of Appeal for England and Wales held that the government could exercise prerogative powers to maintain the peace of the realm.
The notion of "king's peace" originates in Anglo-Saxon law. Historian Bruce R. O'Brien notes that the concept was "a vague statement of the inviolability of the king or his palace" under the early English kings.
Maitland and Pollock describe the origins of the concept of the king's peace as arising from (1) "the special sanctity of the king's house" (the royal household or mund), "which may be regarded as differing only in degree from that which Germanic usage attached everywhere to the homestead of a free man"; and (2) "the special protection of the king's attendants and servants, and other persons who he thought fit to place on the same footing." Thus, Maitland and Pollock noted that "breach of the king's peace was an act of personal disobedience, and a much graver matter than an ordinary breach of the public order; it made the wrongdoer the king's enemy" who could be declared an outlaw.
Over time, the notion of king's peace expanded, particularly in the 10th and 11th centuries. The expansion of the concept coincided with the expansion of the king's household to encompass governmental institutions, including the chancery, exchequer, chamber, and royal courts of law. Under the reigns of Æthelred and Cnut, the concept of king's peace had already extended to designated times, places, individuals, and institutions. Individuals and institutions under the king's peace included legates, churches, and assemblies.
Following the Norman Conquest, the "king's peace" had extended to refer to "the normal and general safeguard of public order" in the realm, although specially granted peaces continued to be given after this period. Under the Leges Edwardi Confessoris (Laws of Edward the Confessor), the four great highways of the realm (the Roman roads of Watling Street, Icknield Street, Ermine Street, and Fosse Way) as well as navigable rivers were also under the king's peace. The Leges Edwardi Confessoris provided that the weeks for Christmas, Easter, and Pentecost were under the king's peace as well. Maitland commented that the king's peace had begun to "swallow up lesser peaces" such as the peaces of local lords of the manor. For example, roads other than the four great Roman roads were formerly under the sheriffs' peace, but by the end of the 14th century had been brought under the king's peace.
A breach of the king's peace could be either a crime or a tort; one who breached the king's peace could be pursued by an appeal of felony or writ of trespass (brought by the victim of the breach) or by an indictment of felony or indictment of trespass (brought on behalf of the king, frequently at the request of the victim). One who breached the king's peace was subject to punishment for both the breach and for the underlying conduct, which could be in the form of a fine, forfeiture, imprisonment, corporal punishment, or capital punishment.
Peace (law)
The legal term peace, sometimes king's peace (Latin: pax regis) or queen's peace, is the common-law concept of the maintenance of public order.
The concept of the king's peace originated in Anglo-Saxon law, where it initially applied the special protections accorded to the households of the English kings and their retainers. A breach of the king's peace, which could be either a crime or a tort, was a serious matter. The concept of the king's peace expanded in the 10th and 11th centuries to accord the king's protection to particular times (such as holidays), places (such as highways and churches), and individuals (such as legates). By the time of the Norman Conquest, the notion of the king's peace became more general, referring to the safeguarding of public order more broadly. In subsequent centuries, those responsible for enforcing the king's peace (besides the king himself) included the King's Bench and various local officials, including the sheriff, coroner, justice of the peace, and constable.
In modern Britain, the police services are responsible for keeping the peace, a duty distinct from their duty of law enforcement. The concept has remained relevant in English law; in R v Secretary of State for the Home Department, ex parte Northumbria Police Authority (1989), the Court of Appeal for England and Wales held that the government could exercise prerogative powers to maintain the peace of the realm.
The notion of "king's peace" originates in Anglo-Saxon law. Historian Bruce R. O'Brien notes that the concept was "a vague statement of the inviolability of the king or his palace" under the early English kings.
Maitland and Pollock describe the origins of the concept of the king's peace as arising from (1) "the special sanctity of the king's house" (the royal household or mund), "which may be regarded as differing only in degree from that which Germanic usage attached everywhere to the homestead of a free man"; and (2) "the special protection of the king's attendants and servants, and other persons who he thought fit to place on the same footing." Thus, Maitland and Pollock noted that "breach of the king's peace was an act of personal disobedience, and a much graver matter than an ordinary breach of the public order; it made the wrongdoer the king's enemy" who could be declared an outlaw.
Over time, the notion of king's peace expanded, particularly in the 10th and 11th centuries. The expansion of the concept coincided with the expansion of the king's household to encompass governmental institutions, including the chancery, exchequer, chamber, and royal courts of law. Under the reigns of Æthelred and Cnut, the concept of king's peace had already extended to designated times, places, individuals, and institutions. Individuals and institutions under the king's peace included legates, churches, and assemblies.
Following the Norman Conquest, the "king's peace" had extended to refer to "the normal and general safeguard of public order" in the realm, although specially granted peaces continued to be given after this period. Under the Leges Edwardi Confessoris (Laws of Edward the Confessor), the four great highways of the realm (the Roman roads of Watling Street, Icknield Street, Ermine Street, and Fosse Way) as well as navigable rivers were also under the king's peace. The Leges Edwardi Confessoris provided that the weeks for Christmas, Easter, and Pentecost were under the king's peace as well. Maitland commented that the king's peace had begun to "swallow up lesser peaces" such as the peaces of local lords of the manor. For example, roads other than the four great Roman roads were formerly under the sheriffs' peace, but by the end of the 14th century had been brought under the king's peace.
A breach of the king's peace could be either a crime or a tort; one who breached the king's peace could be pursued by an appeal of felony or writ of trespass (brought by the victim of the breach) or by an indictment of felony or indictment of trespass (brought on behalf of the king, frequently at the request of the victim). One who breached the king's peace was subject to punishment for both the breach and for the underlying conduct, which could be in the form of a fine, forfeiture, imprisonment, corporal punishment, or capital punishment.