Law Courts 205
Quarter Sessions became a veritable governing body for
the shire.
Until 1439, there was no legislation which bore directly
upon the qualifications for this office. Knights had usu-
ally been appointed; but there is evidence that men of
smaller substance were occasionally justices, for the abuse
of the office for purposes of extortion became serious
enough to be taken account of by the government. An
act of 1439 contained this clause:
the king willing against such inconveniences to provide remedy
hath ordained and established, by authority aforesaid, that
no justice of peace within the realm of England, in any county,
shall be assigned or deputed, if he have not lands and tene-
ments to the value of xs pounds by year.1
This annual value was the old measure of the knight's
fee. This fixed the policy of identifying the new office
with a class of men above bribery and of consideration
and authority in their neighbourhoods. In modern times,
the office has become purely honorary; but from the reign
of Richard II. until after the close of the middle ages, a
fee of four shillings a day was allowed the justices. The
number of justices for each county was limited by statute
in 1388. This limitation was not strictly regardedf how-
ever, and the number became variable with a general
tendency to increase.2
Thus by the middle of the fifteenth century, England's
local, aristocratic system of government had been made,
1 A, and S., p. 194.
2"Towards the close of Elizabeth's reign no less than fifty-five are
enumerated in Devonshire alone. The smallest counties now contain many
more than six; while the most numerous magistracy—that of Lancashire—
reaches to more than 800. The whole number must be little short of
20,000; but considerably less than half of these are 'active' justices who
have taken the requisite oaths and received from Chancery the necessary
writ of power."—Medley, English Constitutional History, p. 425. Some
boroughs early acquired their own justices whom they elected. Where
such was the case, it was stipulated in the charter whether the borough
was independent of the county justices or whether borough and county
justices had concurrent jurisdiction. The borough justices also have their
Quarter Sessions. And there are borough coroners.