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Encyclopedia Britannica



PEACE, BREACH OF THE

This article appears in Volume V21, Page 16 of the Encyclopedia Britannica.

Encyclopedia Britannica - Main :: PAS-PER
PEACE, BREACH OF THE . Theoretically all criminal offences cognizable by
English
  law involve a breach of the king's peace, and all indictments whether for offences against the common law or by
statute
  conclude " against the peace of our lord the king, his crown and dignity." Historically this phrase, now legally superfluous, represents the last trace of the process by which the royal courts assume
jurisdiction
  over all offences, and gradually extruded the
jurisdiction
  of the sheriff and of lords of manors and franchises, making crime a matter of national concern as distinguished from civil wrongs or infractions of the rights of local magnates, or of the rights of the tribal chiefs of the Teutonic conquerors of Britain. The peace of the king was sworn on his 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 office of
justice
  of the peace.
In 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 grave crimes described as felonies,
officers
  of police" and even private persons have larger
powers
  and duties, as to immediate arrest without waiting for judicial warrant, than they possess as to other
minor
  offences (see ARREST). Justices of the peace have under early statutes and the commission of the peace 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
court
  on conviction of any misdemeanour and of many felonies to require the offender to enter into a recognizance (q.v.) to keep the peace.


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