number of juſtices, eminent for their ſkill and diſcretion, to be of the quorum; but now the practice is to advance almoſt all of them to that dignity, naming them all over again in the quorum clauſe, except perhaps only ſome one inconſiderable perſon for the ſake of propriety: and no exception is now allowable, for not expreſſing in the form of warrants, &c, that the juſtice who iſſued them is of the quorum[1].
Touching the number and qualifications of theſe juſtices, it was ordained by ſtatute 18 Edw. III. c. 2. that two, or three, of the beſt reputation in each county ſhall be aſſigned to be keepers of the peace. But theſe being found rather too few for that purpoſe, it was provided by ſtatute 34 Edw. III. c. 1. that one lord, and three, or four, of the moſt worthy men in the county, with ſome learned in the law, ſhall be made juſtices in every county. But afterwards the number of juſtices, through the ambition of private perſons, became ſo large, that it was thought neceſſary by ſtatute 12 Ric. II. c. 10. and 14 Ric. II. c. 11. to reſtrain them at firſt to ſix, and afterwards to eight only. But this rule is now diſregarded, and the cauſe ſeems to be (as Lambard obſerved long ago[2]) that the growing number of ſtatute laws, committed from time to time to the charge of juſtices of the peace, have occaſioned alſo (and very reaſonably) their encreaſe to a larger number. And, as to their qualifications, the ſtatutes juſt cited direct them to be of the beſt reputation, and moſt worthy men in the county: and the ſtatute 13 Ric. II. c. 7. orders them to be of the moſt ſufficient knights, eſquires, and gentlemen of the law. Alſo by ſtatute 2 Hen.V. ſt. 1. c. 4. and ſt. 2. c. 1. they muſt be reſident in their ſeveral counties. And becauſe, contrary to theſe ſtatutes, men of ſmall ſubſtance had crept into the commiſſion, whoſe poverty made them both covetous and contemptible, it was enacted by ſtatute 18 Hen. VI. c. 11. that no juſtice ſhould be put in commiſſon, if he had not lands to the value of 20đ. per annum. And, the rate of money being greatly altered ſince that time, it is now enacted by ſtatute
