ny two or more of them to enquire of and
determine felonies, and other misdemesnors: in which number some
particular justices, or one of them, are directed to be always
included, and no business to be done without their presence; the words
of the commission running thus, "_quorum aliquem vestrum, A. B. C. D.
&c. unum esse volumus_;" whence the persons so named are usually
called justices of the _quorum_. And formerly it was customary to
appoint only a select 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_[l].

[Footnote i: Lamb. 43.]

[Footnote k: See the form itself, Lamb. 35. Burn. tit. justices, Sec.
1.]

[Footnote l: Stat. 26 Geo. II. c. 27.]

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[m]) 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. 10. 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 commissio