peace

the tranquility enjoyed by the citizens of a municipality or a community where good order reigns among its members.

The concord or final agreement in a fine of land. 18 Edw. I. modus levandi f Inis. I'lie tranquillity enjoyed by a political society, internally by the good order which reigns among its members, and externally by the good understanding it has with all other nations. Applied to the internal regulations of a nation, peace imports, in a technical sense, not merely a state of repose and security as opposed to one of violence or warfare, but likewise a state of public order and decorum. Hamm. N. P. 13!); 12 Mod. 5GG; People v. Johnson, 8G Mich. 175, 48 N. W. 870, 13 L. It. A. 1G3, 24 Am. St. Rep. 11G. The term peace in English and American law is used in a general way to express that condition which is violated by the commission of crime. In modern times it is expressed in England by the phrase king's peace, and in this country peace of the state or commonwealth. (There is a peace of the United States; In re Neaglc, 135 U. S. 1, 10 Sup. Ct. 658, 34 U. Ed. 55.) Originally the phrase king’s peace had no such broad meaning, but was used only in connection with crimes committed against persons, or in places, or at times and seasons, which were under the special protection of the king. See Pax Regis. "Breach of the king’s peace was an act of personal disobedience, and a much graver matter than an ordinary breach of public order; it made the wrong-doer the king’s enemy. The notion of the king’s peace appears to have had two distinct origins. These were, first, the special sanctity of the king’s house, which may be regarded as differing only In degree from that which Germanic usage attached everywhere to the homestead of a freeman; and, secondly, the special protection of the king’s attendants and servants, and other persons whom he thought fit to place on the same footing.... The rapid extension of the king’s peace till it becomes, after the Norman Conquest, the normal and general safeguard of public order, seems peculiarly English. On the continent the king appears to have been recognized as protector of the general peace, besides having power to grant special protection or peace of a higher order, from a much earlier time." 1 Poll. & Maitl. 22. There was the peace of the church, both that of the parish and the minister; so there was the peace of the sheriff, and of each lord, and indeed of every householder, for the breach of which atonement could bo exacted. In writing of the criminal law of England in the twelfth century it is said, "The time has not yet come when the king’s peace will be eternal and cover the whole land. Still we have here an elastic notion; if the king can bestow his peace on a privileged person by a writ of protection, can he not put all men under his peace by proclamation." See 2 Poll. & Maitl. 451-2. The phrase peace of the king was in that period used to express the idea that the crime which was alleged to be in breach of the "peace of God and of our lord the king,” was one of those reserved as specially punishable in behalf of the king himself. These crimes were the original pleas of the crown but the king’s peace by an easy process extended itself "until it had become an all-embracing atmosphere;’’ id. 462. That general peace which is now denominated the peace of the king or of the state, as the case may be, was in the early days protected only by the hundred court and the ealdorman. It is possible that mediaeval usage which applied to an inferior court the phrase the peace of the lord, who held it, dates from the earliest period of the administration of justice. There is said to be some also Pollock, The King's Pence, Oxford Lectures; Inderwick, The King's Peace. Judges of the federal supreme and district courts, commissioners of district courts and judges and other magistrates of the several states may hold to security of the peace in cases under the United States constitution and laws; U. S. Comp. Stat. § 727. See, generally, Bacon, Abr. Prerogative (D 4); Hale, Hist. Comm. Pleas 1G0; Harrison, Dig. Officer (V 4); 2 Bentli. Ev. 319, note; Good Behavior; Surety or the Peace; Articles of the Peace; Breach of the Peace; Conservator of the Peace; Treaty of Peace.

As applied to the affairs of a state or nation peace may be either external or internal. In the former case, the term denotes the prevalence of amicable relations and mutual good will between the particular society and all foreign powers. In the latter case, it means the tranquility, security, and freedom from commotion or disturbance which is the sign of good order and harmony and obedience to the laws among all the members of the society.

In a somewhat technical sense, peace denotes the quiet, security, good order, and decorum which is guarantied by the constitution of civil society and by the laws. People v. Rounds, 67 Mich. 482, 35 N. W. 77; Corvallis v. Carlile, 10 Or. 139, 45 Am. Rep. 134. The concord or final agreement in a fine of lands. 18 Edw. I. "Modus Levandi Finis."

— Articles of the peace. See Articles.

— Bill of peace. See Bill.

— Breach of peace. See Breach.

— Conservator of the peace. See Conservator.

— Justice of the peace. See that title.

— Peace of God and the church. In old English law. That rest and cessation which the king's subjects had from trouble and suit of law between the terms and on Sundays and holidays. Cowell; Spelman.

— Peace of the state. The protection, security, and immunity from violence which the state undertakes to secure and extend to nil persons within its jurisdiction and entitled to the bane-fit of its laws. This is part of the definition of murder, it being necessary that the victim should be "in the peace of the state," which new practically includes all persons except armed public enemies. See Murder. And see State v. Dunkley, 25 N. C. 121,

— Peace officers. This term is variously defined by statute in the different states ; but generally it includes sheriffs and their deputies, constables, marshals, members of the police force of cities, and other officers whose duty is to enforce and preserve the public peace. See People v. Clinton, 28 App. Div. 478, 51 N. Y. Supp. 115; Jones v. State (Tex. Cr. App.) 65 S. W. 92.

— Public peace. The peace or tranquilhty of the community in general; the good order and repose of the people composing a state or municipality. See Neu-endorff v. Duryea, 6 Daly (N. Y.) 280; State v. Benedict, 11 Vt. 236, 34 Am. Dec. 688.

Quiet, orderly behavior; the quiet, zens towards one another, and towards Breach; Commission; Justice.

In old English law. The concord in a fine and the church: that rest which the trouble and suit of law, between terms and

6 A state of 'quiet or tranquillity; freedom from disturbance, or agitation; calm; repose.' 1 The Kimball, ante; 8 Conn. 473; 37 id. 559. ' Musson V. Lake, 4 How. 374-75 (1846), cases. As to presumptions of payment, see 30 Alb. Law J. 84-88, 103-8, 124--27 (1884), cases. = Coghlan v. South Carolina E. Co., 32 F. E. 316 (1887), cases, Simonton, J. ' 3 Bl. Com. 304. 6 Elliott V. Lycoming County Mut. Ins. Co., 66 Pa. 37 (1870): 1 Tidd, Pr. 624-25; 100 U. S. 673. The tranquillity enjoyed by a political society, internally by the pood order which reigns among its members, externally by the good understanding it has with other nations.' 1. Good conduct, public order and decorum, within a community. "The common law hath ever had a special care and regard for the conservation of the peace; for peace is the very end and foundation of civil society." ' Offenses against the public peace are: threatening, or demanding any valuable thing, by letter; affrays; riots, routs, unlawful assemblies; forcible entry and detainer; going unusually armed; spreading false news; challenges to flght; libels. All criminal offenses are against the peace, and are so laid in indictments.' Articles of the peace. Complaint on oath to a magistrate of reasonable fear of harm to self or property from what another threatens; " articles to keep the peace." The accused gives security to appear at the next quarter sessions, and, meanwhile, to keep the peace toward all persons. He may except to the complaint for insufficiency; and, by affidavits, he may reduce the amount of bail demanded; but he cannot, by affidavit, controvert the allegations in the articles. Such articles are included within " surety for good behavior; " which may be required of any person suspected to be not of good fame, even of an acquitted prisoner.* Bill of peace. A bill brought by a person to establish and perpetuate a right which he claims, and which, from its nature, may be controverted by different persons, at different times, and by different actions: or, where separate attempts have already been unsuccessfully made to overthrow the same right, and justice requires that the party should be quieted in the right, if it is already sufficiently established, or if it should be sufficiently established under the direction of the court.5 The design is to secure repose from perpetual litigation. Equity suppresses useless litigation and prevents multiplicity of suits." Compare Quia, Timet; Quiet, 2. Breach of the peace. An act of assault or violence. A violation of public order; the offsnse of disturbing the public peace. I [Bouvier's Law Diet. "1 Bl. Com. 340. s 4 Bl. Com. 142-52, 268. The king's peace, 1 Law Q. Eev. 36-50 (1885). < 4 Bl. Com. 031; 10 Pa. 3.39; 13 East, 171. » 2 Story, Eq. § 853; Eldridge v. Hill, 2 Johns. Ch. S82 (1816); Alexander v. Pendleton, 8 Cranch, 4(iS (1814); Pome- The term, which is generic, includes unlawful assemblies, riots, affrays, forcible entry and detainer, the wanton discharge of fire-arms near a sick person, sending challenges and provoking to flght, going armed in public without lawful cause, to the alarm of ' the public, and other acts of a similar character. The offense is committed in the presence of an officer, though at some distance from him and in the dark, if he can detect the act, and could see the person doing it if it were light.* Court of quarter sessions of the peace. See Session, Quarter Sessions. Justice of the peace. An officer originally appointed under the common law to maintain the public peace. An inferior judicial officer with jurisdiction to determine minor statutory controversies, arid to commit offenders on criminal complaints. Some justices have their power to maintain the peace annexed to other offices which they hold; and othersiave, or had, it merely by itself, and were thence named custodes or conservatores pacts. Those that were so virtute officii still continue; but the latter sort are superseded by the modern justices. The sovereign is the principal conservator of the peace; hence it is called the " king's peace." The lord chancellor and the justices of the king's bench (by virtue of of Sce) are general conservators of the peace, and may commit all breakers of it, or bind them to keep it: other judges are only so in their own courts. The coroner is also a conservator of the peace; and so are sheriffs and constables." Their common-law powers relate exclusively to matters affecting the public peace, and to the arrest and punishment of wrong-doers; the extent of their jurisdiction in the trial and punishment of offenders is regulated by local statutes * They have no civil jurisdiction at common law.* See Arrest, 2; Behavior; Brawl; Constable; Contempt, 1; Magistrate; Night-walkers; Paper, 6; Sheriff; Summary. 3. The reverse of war; that state in which every one quietly enjoys his rights, or, if controverted, amicably discusses them by force of argument." A peace between states lately belligerent is a return to a state of amity and intercourse, implying no intention to recommence hostilities. It implies that redress of wi-ongs has been obtained, or that the intention is renounced of seeking to obtain redress. The first agreements are called preliminaries, and a peace 'People V. Bartz, 63 Mich. 495 (1884), Champlin, J.; Galvin v. State, 6 Coldw. S94 (1869); City of Corvallis V. Cdrlile, 10 Oreg. 142 (1882). 2 1 Bl. Com. 349. 3Wenzler u. People, 58 N. Y. 630 (18V4); Allbright v. Lapp, 36 Pa. 101 (1866); Way's Case, 41 Mich. 303 (1879); 15 111. 391; 4 Kan. Law J. 113, 128 (1886)

— Chicago Leg. Adv. at this stage is a " preliminary peace " in contrast with the "definitive peace."^^ Articles of peace. The preliminary articles between Great Britain and the American Colonies were signed November 30, 1782, and the definitive treaty at Paris, September 3, 1783.2

Bill of. v. Bill, I. 12. Party-jury: v. Bilinguis. Parva serjeantia: petty cape; v. Cape. I. Know all men by these Ambiguity, Writ. Letters title, property, or authority more subjects. Patent: the make, use, or sell an invention state or government of pubthe father of a family. Pater: the father is he whom the father of the realm; v. paternal estates [go to the] heirs act; the patient, v. Agent. authority of a father over his the gift of a benefice. Paa manor. as security for a debt; a ecclesise: the peace of the King's peace; lawful order, a privileged district or sanc- Imputation of. The of several debts existing bedebtor say nothing about it, the whichever debt he choose. Commission of: v. Assize.

1. Amity between states or nations; the opposite of war. 2. Orderly, quiet behavior of individuals towards one another; good conduct within a community. Assaults and violence are called breaches of the peace; one who is required to give security to refrain from disorder is said to give surety of the peace, or to give bond to keep the peace; a well-behaved citizen entitled to full protection is said to be within the peace of the state or of the queen. Peace of God and the church. An old English expression for that use which the king's subjects had from trouble and suit of law between the terms of court. Cawd.