King's Peace and English P cacc-Magistracy . 45 



ited ; and, in fact, a very large number is commissioned for 

 each county.^ 



The position of the EngUsh justice has always been one of 

 dignity and social distinction. This is shown primarily by 

 the qualifications for the office. The early laws provided 

 that "good" men or the "most worthy" should be appointed. 

 Under Richard II it was enacted that they should consist of 

 the "most sufficient knights, esquires, and gentlemen of the 

 law" of the county.^ But this vague requirement was inade- 

 quate. A statute of Henry VI, reciting that, notwithstand- 

 ing the laws for ascertaining their qualification, many justices 

 were of small fortunes and necessitous, so as to become con- 

 temptible, as well as guilty of great extortions, provides that 

 only those shall be commissioned who have lands or tene- 

 ments to the value of twenty pounds a year ; unless there be 

 no sufficient persons possessing lands and tenements of that 

 value who are learned in the law, in which case the chancellor 

 may appoint others.'^ The qualification at present is an estate 

 in land worth one hundred pounds a year, or the occupation 

 of a dwelling assessed at the same annual amount.^ 



The office of county magistrate is still regarded as highly 

 honorable and it is much coveted. Retired capitalists, young 

 men of rank, members of parliament, are ready to have their 



1 Already in the year 1592, there were at least 55 justices in Devon : Hamilton, 

 Quarter Sessions, 3. 



2 By 13 Rich. II, st. i, c. VII: Statutes at Large, II, 313. 



" Thus then, our Parliaments (intending to make the lustice of peace an able 

 ludge) do require, that he come furnished with three of the principall ornaments 

 of a ludge : that is to say, with lustice, Wisdome, Fortitude, for to that summe 

 the words, Good, Learned, Valiant, doe fully amount. And vnder the word Good, 

 it is meant also that he loue and feare God aright, without the which he cannot 

 be Good at all " : Eirenarcha, 32. 



3 Statute of 18 Henry VI, c. XI. Cf. Reeves, Hist, of Eng. Lazv, III, 489-90; 

 Lambard, Eirenarcha, 31 ; Blackstone, Commentaries, I, 352. 



^ Maitland, Justice and Police, 81. " Cut privy councillors, peers, the eldest 

 sons of peers, county court judges, and some other holders of public office, need 

 not have this qualification " : II). The 100 pounds qualification was introduced 

 by 18 Geo. II. Cf. Political Cyclopczdia, III, 153; Glasson, Histoire dti Droit et 

 des Institutions de H Angleterre, VI, 486. An estate in reversion of 300/. also 

 constitutes a quahfication: Pulling, Handbook for County Authorities, 49, 



279 



