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PEACE, BREACH OF THE

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Originally appearing in Volume V21, Page 16 of the 1911 Encyclopedia Britannica.
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PEACE, See also:BREACH OF THE . Theoretically all criminal offences cognizable by See also:English See also:law involve a breach of the See also:king's peace, and all indictments whether for offences against the See also:common law or by See also:statute conclude " against the peace of our See also:lord the king, his See also:crown and dignity." Historically this phrase, now legally superfluous, represents the last trace of the See also:process by which the royal courts assume See also:jurisdiction over all offences, and gradually extruded the jurisdiction of the See also:sheriff and of lords of manors and franchises, making See also:crime a See also:matter of See also:national concern as distinguished from See also:civil wrongs or infractions of the rights of See also:local magnates, or of the rights of the tribal chiefs of the See also:Teutonic conquerors of See also:Britain. The peace of the king was sworn on his See also:accession or full recognition, and the jurisdiction of his courts to punish all violations of that peace was gradually asserted. The completion of this process is marked by the institution of the See also:office of See also:justice of the peace. In See also:modern times the expression " breach of the peace" is usually limited to offences involving actual tumult, disturbances or disorder. As regards such offences, although they do not fall into the class of See also:grave crimes described as felonies, See also:officers of See also:police" and even private persons have larger See also:powers and duties, as to immediate See also:arrest without waiting for judicial See also:warrant, than they possess as to other See also:minor offences (see ARREST). Justices of the peace have under See also:early statutes and the See also:commission of the peace See also:power to take sureties of the peace from persons who are threatening to commit a breach of the peace, and it is within the power of any See also:court on conviction of any See also:misdemeanour and of many felonies to require the offender to enter into a See also:recognizance (q.v.) to keep the peace.

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