Legal Definitions - swearing the peace

Definition: Swearing the peace is the act of providing evidence to a magistrate that one fears for their own safety. This is done so that the magistrate can order the person causing trouble to keep the peace by issuing a supplicavit. A supplicavit is a writ that obligates a person to be on good behavior for a specified period. It is commonly directed to the justices of the peace who are hesitant to intervene in their judicial capacities.

Example 1: John went to the magistrate and swore the peace against his neighbor who had been threatening him. The magistrate issued a supplicavit, which required John's neighbor to be on good behavior for six months.

Example 2: Mary was being harassed by her ex-boyfriend. She went to the police and swore the peace against him. The police then issued a supplicavit, which required Mary's ex-boyfriend to stay away from her and not contact her for a year.

These examples illustrate how swearing the peace can be used to protect individuals who fear for their safety. By issuing a supplicavit, the magistrate or police can ensure that the person causing trouble is held accountable for their actions and is required to behave appropriately for a specified period of time.