44 George E. Hoivard, 



The second general clause grants authority to any two or 

 more justices, by the oath of good and lawful men of the 

 county, to hear and determine the various offences therein 

 enumerated ; ^ provided, however, to render the proceedings 

 valid, that one of them (quorum) must be of that select num- 

 ber whose names are expressly repeated in the commission. 

 This is the famous " quorum clause " ; and the superior rank 

 thus given to some of the magistrates has its origin in the 

 provision of the act of 1 360, or rather of the earlier statutes 

 creating custodes and conscrvatores, that some versed in the 

 law should be included in the commission. But the distinc- 

 tion is no longer of any practical significance, as it is now 

 customary to include all the commissioners in the quorum 

 clause.^ 



Justices of the peace, then, are county magistrates deriv- 

 ing their powers from the royal commission. At present 

 they are nominated by the crown on the recommendation of 

 the lord lieutenant and usually hold ofiQce for life, though 

 they may be removed for misconduct by the lord chancellor.^ 

 The office is entirely honorary. In early days a small stipend 

 was allowed, but the justices now serve without pay.^ The 

 number of magistrates which may be appointed is unlim- 



1 " . . . de omnibus et omnimodis Feloniis, Veneficiis, Incantationibus, Sorti- 

 legiis, Arte magica, Transgressionibus, Forstallariis, Regratariis, Ingrossariis, et 

 Extortionibus quibuscunque; ac de omnibus et singulis malefactis," etc. 



For an analysis of the commission, see Lambard, Eireuarcha, 44-51; Gneist, 



II, 173-4; Y>\i.xxi, Justice of the Peace, 0,2.1; Wright, The Office of Magistrate,'!. 



2 Gneist, II, 178; Lambard, Eirenarcha, 48-9. Blackstone says that in his 

 day one or two were excluded from the quorum " for the sake of propriety " : 

 Commentaries, I, 351; Maitland, Justice and Police, 8l; Glasson, Histoire du 

 Droit et des Institutions de E Angleterre, VI, 4SS-9; Goodnow, Local Govt, in 

 England : Pol. Science Quart., II, 645. 



3 Chalmers, Local Government, 98-9. In Lambard's day they were appointed 

 " by the discretion of the lord chancellor." But whether originally they were so 

 nominated or by the king directly is uncertain : Eirenarcha, 27. 



* By 12 Rich. II, c. X, the justices are each to receive four shillings a day 

 during sessions, and two shillingsia day for their clerk, paid by the sheriff out of 

 the fines and amercements arising at the sessions. Cf. Reeves, Hist, of Eng. Law, 



III, 405. In boroughs, however, there are now paid magistrates. 



278 



