The office of the justice of the peace developed during the fourteenth century from that of the keeper of the peace who held inquests and received presentments, and the process has been traced in great detail by Professor Putnam. In 1925, Professor Cam assigned some records of a keeper's inquests to 1277 and so carried the beginnings of the earlier office well back into the thirteenth century. Custodes pacis of a still earlier period Professor Cam dismissed as ‘extraordinary’ keepers, ‘whose existence is explained by the special conditions arising out of the struggle between the king and the baronial party’. But these earlier keepers are not confined to the period of civil war; a survey of them is necessary to the history of the justice of the peace, and it is this which the present paper attempts to provide. Lambard's description of these early keepers is useful as a starting-point:
The Sheriffs I call ordinary Conservators of the Peace, because their authority was then ordinary, always one, and the same well enough knowen: But the extraordinary Conservator, as he was endowed with an higher power, so was he not ordinarily appointed, but in times of great trouble only, much like as the Lieutenants of shires are now in our days. And he had charge to defend the coasts and country, both from foreign and inward enemies, and might command the sheriff and all the shire to aid and assist him.
The earliest keepers supplemented the sheriffs in the policing of the countryside, especially in times of crisis and during the threat of invasion; and these ‘great troubles’ were frequent enough to make the keeper an increasingly permanent official.