{"id":12426,"date":"2021-11-07T21:57:53","date_gmt":"2021-11-08T02:57:53","guid":{"rendered":"https:\/\/www.statutesandstories.com\/blog_html\/?p=12426"},"modified":"2021-11-08T06:45:23","modified_gmt":"2021-11-08T11:45:23","slug":"the-justice-of-the-peace-act-of-1361-and-justice-of-the-peace-manuals-cited-in-the-bruen-case","status":"publish","type":"post","link":"https:\/\/www.statutesandstories.com\/blog_html\/the-justice-of-the-peace-act-of-1361-and-justice-of-the-peace-manuals-cited-in-the-bruen-case\/","title":{"rendered":"The Justice of the Peace Act of 1361 and Justice of the Peace Manuals cited in the Bruen case"},"content":{"rendered":"

The Justice of the Peace Act of 1361 and Justice of the Peace Manuals relevant to the Second Amendment<\/strong><\/span><\/p>\n

This post is the second part of a two-part post about the Statute of Northampton (2 Edw. 3, c. 3)<\/a><\/strong><\/span> and the Second Amendment. Part I<\/strong> <\/span><\/a>discussed the Statute of Northampton in connection with the 2008 Supreme Court case of District of Columbia v. Heller<\/em> and the pending case of New York State Rifle & Pistol Association v. Bruen.\u00a0<\/em>Part I also discussed the Game Act of 1671 which restricted arms to the landed elite.<\/p>\n

This post, Part II<\/strong><\/span>, continues with a discussion of the Justice of the Peace Act of 1361 (34 Edw. 3, c. 1)<\/a><\/strong><\/span>, justice of the peace manuals cited in the Bruen<\/em> case, and relevant sections of Blackstone\u2019s Commentaries on the Laws of England<\/em>. As many of these old authorities have been digitized and exist in the public domain, StatutesandStories.com is pleased to provide links and images of these antiquarian authorities and texts.<\/p>\n

The Justice of the Peace Act of 1361<\/em><\/p>\n

The Justice of the Peace Act of 1361 was adopted during the reign of King Edward III. The Act governed who was eligble to become a Justice of the Peace and defined their duties and powers. The Act provided for the selection in each county of a lord and three to four worthy people to be justices of the peace, responsible for dealing with \u201coffenders, rioters, and all other barators.\u201d While the role of the justices of the peace was not new, the 1361 Act helped perpetuate and empower the institution, particularly at a time when Parliament was concerned about soliders returning from war in France.<\/p>\n

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In Act called for the appointment “in every County of England,” for the “keeping of the Peace”:<\/p>\n

one lord and with him three or four of the most worthy in the country, some learned in the law…..to pursue, arrest, take and chastise them according to their trespass and offence….and also to hear and determine at the King\u2019s suit all manner of felonies and trespasses….according to the laws and customs aforesaid.\u201d<\/p>\n

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Under the 1361 Act, the justices of the peace operated as modern day police who would pursue and arrest criminals. Unlike today’s police, justices of the peace were vested with the authority to imprison and “duly” punish offenders. They also had the authority to impose “reasonable and just” fines. Serving as a court, justices of the peace could try the majority of criminal and civil cases, except for the most serious felonies, which would be adjudicated by one of the King\u2019s traveling courts.<\/p>\n