JUS T I C E. 
day during their attendance at the qunrler-feffions, to be 
paid by the lherifFs of counties, 12 Rd. II. 2 Hen. V. 18 
Hen. VI. 
Thefe juftices are appointed by the king’s fpecial com- 
mifiion under the great feal, the form of which was fet¬ 
tled by all the judges A. D. 1590. Lamb.c^ 3,35. The power 
of conftituting them is only in the king; though they are 
generally made at the difcretio’n of the lord chancellor or 
lord keeper, by the king’s leave; and the king may now 
appoint in every county in England and Wales as many as 
he fhall think fit. 1 litjl. 174, 175. Their commiflion ap¬ 
points them all, jointly ami feverally, to keep the peace; 
and any two or more of them to inquire of and deter¬ 
mine felonies and other mifdemeanors ; in which num¬ 
ber fome particular jultices, or one of them, are directed 
to be always included, and no bufinefs to be done with¬ 
out their prefence; the words of the commiflion running 
thus. Quorum (Of whom) aliquem vejirum, A. B. C. D. &c. 
unum ejj'e volumus ; “any one of you the aforefaid A. B. C. D, 
See. we will fhall be one;” whence the perfons fo named 
are ufually called Juftices of the Quorum. And formerly 
it was cuftomary to appoint only a feleft number of jul¬ 
tices, eminent for their (kill and diferetion, to be of the 
Quorum ; but now the practice is to advance alinoft all of 
them to that dignity, naming them all over again in the 
quorum claufe, except perhaps only fome one perfon for 
the fake of propriety ; and no exception is now allowable 
for not exprefling in the form of warrants, orders, &c. 
that the juftice who ifl'ued them is of the quorum. 26 
Geo. II. c. 27. See alfo flat. 7 Geo. III. c. 21. When any 
j 11 Ilice intends to all under this commiflion, he fues out 
a writ of dedimus potejlatcm, from the clerk of the crown in 
chancery, empowering certain perfons therein named to 
adminiller the ufual oaths to him ; which done, he is at 
liberty to alt. 
As the office of thefe juflices is conferred by the king, 
fo it fubfifts only during his pleafure; and is determina¬ 
ble, 1. By the demife of the crown ; that is, in fix months 
after. 1 Ann. c. 8. But, if the fame juitice is put in corn- 
million by the fucceffor, he (hall not be obliged to fue out 
a new dedimus, or to fwear to his qualification afrefh ; 
'1 Geo. III. c. 13 ; nor, by reafon of any new commiflion, 
to take the oaths more than once in the fame reign. 7 Geo. 
III. c. 9. 2. By exprefs writ under the great feal, dif- 
charging any particular perfon from being any longer juf- 
tice. Lamb. 67. 3. By fuperfeding the commiflion by 
writ of fuperfedeas, which fufpends the power of all the 
juftices, but. does not totally deftroy it, feeing it may be 
revived again by another writ called a procedendo. 4. By 
a new commiflion, which virtually, though filently, dif- 
charges all the former juftices that are not included there¬ 
in ; for two commiffions cannot fubfift at once. 5. By 
acceflion of the office of fheriff or coroner, x Mar. 1. c. 8. 
A fheriff cannot aft as juftice during the year of his of¬ 
fice ; but it has been obferved, that neither this ftatute re¬ 
ferred to by Blackftone, nor any other, difqualifies a co¬ 
roner from afting as a juftice of the peace*; nor do the 
two offices in their nature feem incompatible. 1 Comm. c. 9. 
n. 14. 
On renewing the commiflion of the peace, (which ge¬ 
nerally liappeneth as any perfon is newly brought into 
the fame,) there cometh a writ of dedimus poteflatem direft- 
ed out of chancery, to fome ancient juftice (or other), to 
take the oath of him which is newly inferred, which is 
ufually in a fchedule annexed; and to certify the fame 
into that court, at fuch a day as the writ commandetli. 
Unto which oath are ufually annexed the oaths of allegi¬ 
ance and fupremacy. Lamb. 53. 
The form of which oath of office at this day is as fol- 
■ 1 ‘oweth: “Ye fhall fwear, that, as juftice of the Peace in 
the county of M. in all articles in the king’s coinmiffion 
to you directed, you fhall do equal right to the poor and 
to the rich, after your cunning, wit, and power, and after 
the laws and cuftoms of the realm, and ftatutes thereof 
tr.ade. And ye fhall not be of counfel of any quarrel 
Vol. XI. No. 776. 
hanging before you. And that ye hold your feffions af¬ 
ter the form of the ftatutes thereof made. And the iflues* 
fines, and amerciaments, that fhall happen to be made, and 
all forfeitures which fhall fall, before you, ye fhall cauf'e 
to be entered without any concealment (or embezzling), 
and truly fend them to the king’s exchequer. Ye fhall 
not let for gift or other caufe, but well and truly ye filiall 
do your office of Juftice of the Peace in that behalf. And 
that you take nothing for your office of Juftice of the 
Peace to be done, but of the king, and fees accuftomed, 
and cofts limited by ftatute. And ye fhall not direct, 
nor caufe to be directed, any warrant (by you to be made) 
to the parties, but ye lliall direft them to the bailiff of 
the laid county, or others the king's officers or minifters, 
or other indifferent perfons, to do execution thereof. So 
help you God.” 
Touching the number and qualifications of thefe juf¬ 
tices ; it was ordained by flat. 18 Edw. III. c. 2, that two 
or three of the bell reputation in each- county fhould be 
afligned to keep the peace. But, thefe being found ra¬ 
ther too few for that purpofe, it was provided by flat. 34. 
Edw. III.-c. 1, that one lord, and three or four of the 
molt worthy men in the county, with fome learned in the 
law, (hall be made juftices in every county. But after¬ 
wards the number of juftices, through the ambition of 
private perfons, became fo large, that it was thought ne- 
ceflary, by Hats. 12 Ric. II. c. 10, and 14 Ric. II. c. n, 
to reftrain them at firft to fix, and afterwards to eight 
only. But this rule is now difregarded, and the caufe 
feems to be (as Lambard obferved long ago), that the 
growing number of ftatute-lavvs, committed from time to 
time to the charge of juftices of the peace, have occa- 
fioned alfo (and very reafonably) their increafe to a larger 
number. And as to their qualifications, the ftatutes juft 
cited direct them to be of the belt reputation, and molt 
worthy men in the county; and flat. 13 Ric. II. c. 7, or¬ 
ders them to be of the molt fufficient knights, el'quires, 
and gentlemen of the law. Alfo, by ftat. 2 Hen. V. ft. 1. 
c. 4; and ft. 2. c. 1 ; they mull be refident in their feveral 
counties. And becaufe, contrary to thefe ftatutes, men 
of fmall fubftance had crept into the commiflion, whofe 
poverty made them both covetous and contemptible, it 
wasenafted by ftat. 18 Hen. VI. c. 1, that no juftice fhould. 
be put in commiflion, if he had not lands to the value of 
20I, per annum. And, the rate of money being greatly 
altered fince that time, it was enabled by 5 Geo. II. c. 18. 
18 Geo. II. c. 20, that every juftice, except as is therein 
excepted, fhall have iool. per annum clear of all deduc¬ 
tions; and, if he alls without fuch qualification, he fhall 
forfeit iool. Alfo, it is provided that no praftillng at¬ 
torney, folicitor, or proctor, (hall be capable of afting as 
a juftice of the peace for any county. The ftat. 18 Geo. 
II. c. 20, provides that no perfon fhall be capable of be¬ 
ing a juftice of peace, or afting as fuch, who fhall net 
have, in law’ or equity, for his own ufe in poffeffion, a 
freehold, copyhold, or cuftomary eftate for life, or fome 
greater eftate, or for years determinable upon a life or 
lives, or twenty-one years, in lands, See. of the clear yearly 
value of iool. over and above all incumbrances, rents, and 
charges; or entitled to the immediate reverlion or remain¬ 
der in lands, Sec. of 300I. per annum, and who fhall not 
take the oath in this ail mentioned, under the penalty of 
iool. to be recovered by action of debt, and the proof of 
the qualification to lie on the defendant; and, if he infills 
on any lands not mentioned in the oath, he is to give no¬ 
tice of them ; and lands, not mentioned in the oath or no¬ 
tice, are not to be allowed; This acl is not to extend to 
corporation juftices, or to the eldeft Tons of peers, and of 
gentlemen qualified to be knights of (hires, the officers of 
the board of green cloth, principal officers of the navy, 
under lecretaries of ftate, heads of colleges, or to the 
mayors of Oxford and Cambridge; all of wdiom may aft 
without any qualification by eftate. 
The power, office, and duty, of a juftice of the peace 
depend oil his commiflion, and on the feveral ftatutes 
7 D which 
