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The law is a jealous mistress, and requires a long and constant courtship.
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Legal Definitions - King's peace
Definition of King's peace
The King's peace was a foundational historical legal concept in England, representing the monarch's authority to maintain order and protect subjects from crime throughout the realm.
Initially, this concept applied to specific areas directly under the king's control, such as royal residences or designated routes. If someone committed a crime in these protected zones, it was considered a direct violation of the king's personal authority and the order he was bound to uphold. Offenders would face punishment in the king's own courts, which often carried more severe penalties than local courts.
Over centuries, the idea of the King's peace expanded significantly. It evolved from applying to particular locations to encompassing the entire kingdom, laying the groundwork for the modern criminal justice system. Today, all serious crimes are understood as offenses against the state and public order, a direct descendant of the historical notion that such acts disturbed the "peace of our Sovereign Lord the King."
Here are some examples illustrating the concept of the King's peace:
- Example 1: A Royal Castle's Immediate Grounds
Imagine a dispute escalating into a physical fight and theft between two individuals within the outer courtyard of a royal castle. This area, being part of the king's direct residence and stronghold, was considered under the most stringent application of the King's peace. The altercation and theft would not merely be a local disturbance but a direct affront to the king's authority and the order he was expected to maintain within his immediate domain. Consequently, the offenders would face trial in a royal court, rather than a local manorial court, because they disturbed the peace in a place where the king's personal protection and jurisdiction were paramount.
- Example 2: A Chartered Royal Fair
Consider a bustling annual fair held in a town that had been granted a special royal charter, which included specific protections to ensure safe trade and commerce. If a pickpocket were caught stealing from a merchant at this fair, the crime would be viewed as a breach of the King's peace. Even though the fair was not a permanent royal residence, it operated under a direct grant of royal authority. A crime committed there would be seen as a violation of the special order established by the king to promote economic activity and ensure the safety of all attendees, leading to the offender being brought before royal justice rather than just local town magistrates.
- Example 3: Major Trade Routes and Royal Infrastructure
Suppose a group of bandits ambushed and robbed travelers on a main road connecting two significant cities, a route vital for royal messengers, military movements, and trade. While the initial concept of the King's peace focused on immediate royal spaces, it gradually extended to critical infrastructure like major roads and bridges. Attacking travelers on such a route was not just a local crime; it was an act that disrupted the king's ability to govern, communicate, and ensure the safety of his subjects across his kingdom. This would be seen as a serious breach of the broader King's peace, warranting intervention by royal sheriffs and trial in a royal court, demonstrating the expansion of royal jurisdiction beyond just palaces and into the wider realm.
Simple Definition
Historically, the King's peace was a royal subject's right to be protected from crime, initially in specific areas under the king's direct control. A breach of this peace subjected offenders to punishment in the king's court, and its expanding scope eventually formed the fundamental basis for much of modern criminal law.