Justices of the Peace who have the power to give restitution of
possession to tenants of any freehold estate of their lands or
tenements which have been forcibly entered and withheld, shall
have like power for tenants for term of years, tenants by copy of
court roll, guardians by knight service, tenant by elegit statute
merchant and staple of lands or tenements.
The Justices of the Peace were chosen by the Crown, usually by the
Chancellor. The qualifications were residence in the county,
suitability of moral character, religious uniformity, and the
possession of lands or tenements with twenty pounds a year. They
were almost exclusively country gentlemen, except in the towns. In
the corporate towns, the mayor, bailiff, recorder, and senior
aldermen were ex officio [by virtue of the office] Justices of the
Peace. Their main duty was to keep the peace. If a justice heard
of a riot in the making, he could compel individuals at the place
to give bonds of good-a-bearing and cause a proclamation to be
made in the King's name for them to disperse. Two justices or more
had the authority to arrest the rioters and send a record of it to
the assizes and to the Privy Council. If the riot had taken place
before their arrival, they could make an inquiry by a jury and
certify the results to the King and his Council. The justices had
men brought before them on many kinds of charges, on their own
summons, or on initiative of the petty constable.
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