Legal Definitions - commission of the peace

The commission of the peace refers to a formal historical document or grant of authority issued by a sovereign power, such as the Crown, to specific individuals within a local area. Its original purpose was to empower these individuals to maintain public order and ensure the safety and tranquility of their community. Essentially, they were tasked with "keeping the peace" by preventing crime, addressing disturbances, and upholding local law.

Over time, the responsibilities associated with these commissions evolved significantly. While still retaining their peace-keeping functions, the individuals appointed under a commission of the peace gradually acquired more formal judicial duties, such as hearing minor cases, issuing warrants, and administering justice. This expansion of responsibilities led to these appointees becoming known as justices of the peace, a role that continues in various forms in many legal systems today.

Here are some examples illustrating the concept of a commission of the peace:

• Imagine a small English village in the 15th century. A respected local squire might have been granted a commission of the peace by the King. This formal document would empower him to ensure that no riots broke out during local fairs, to investigate reports of cattle theft, and to mediate disputes between villagers, thereby maintaining order and preventing serious crime within his designated area. This illustrates the initial role focused purely on local law enforcement and public safety.

• Consider a bustling market town in 17th-century England. A prominent merchant, known for his fairness and good judgment, receives a commission of the peace. Initially, he might have been responsible for ensuring the market operated without incident. However, as his duties expanded, he would also begin to preside over minor court hearings for petty offenses like public drunkenness or minor assaults, and even issue warrants for more serious crimes, demonstrating the transition towards judicial responsibilities.

• In a historical context, if a new colonial territory was established, the governing authority might issue a commission of the peace to several trusted settlers. These individuals would then be responsible for establishing and enforcing basic laws, settling disputes among the colonists, and ensuring the general peace of the fledgling settlement, laying the groundwork for a formal legal system. This shows how the commission was a foundational instrument for establishing law and order in new or developing jurisdictions.