History of the magistracy Magistrate (England and Wales)

richard i, king of england, or richard lionheart.

magistrate derives middle english word magistrat, denoting civil officer in charge of administrating laws (c.1374); old french magistrat; latin magistratus, derives magister (master), root of magnus (great). today, in england , wales, word used describe justice of peace.

the office of justice of peace has origins in 12th century when richard appointed keepers of peace in 1195. title justice of peace derives 1361, in reign of edward iii. act of 1327 had referred , lawful men appointed in every county in land guard peace . justices of peace still retain (and use) power confirmed them justices of peace act 1361 bind on unruly persons of behaviour . bind on not punishment, preventive measure, intended ensure person guilty of minor disturbance not re-offend. act provided, among other things, “that in every county of england shall assigned keeping of peace, 1 lord , him 3 or 4 of worthy of county, learned in law, , shall have power restrain offenders, rioters, , other barators, , pursue, arrest, take , chastise them according trespass or offense .

an example of magistrates once wide-ranging powers - proclamation made quell rioters in ely, 1816

over following centuries, justices acquired many administrative duties, such administration of poor laws, highways , bridges, , weights , measures. example, before 1714, magistrates approached @ time , in place people legally recognised paupers, appealing them aid if parish authorities had refused provide any. relatively common these magistrates write out, on spot, order requiring aid granted. 19th century saw elected local authorities taking on many of these duties. there 1 remnant of these duties, appellate jurisdiction on licensing of pubs , clubs.

towards end of 18th century, absence of adequate police force , quality of local justices became matters of concern. justices received no salary government, although charge fees services. appointed prominent citizens of property, shortage of landed gentlemen willing act in london led problems. in middlesex, example, commission increasingly dominated merchants, tradesmen , small number of corrupt magistrates, known trading justices because exploited office financial purposes. police bill in 1785 failed bring adequate supervision of justices. however, middlesex justices act of 1792 set 7 public offices, in addition bow street, london, 3 justices in each, salaries of £400 year. power take fees removed justices in city. 6 constables appointed each office, powers of arrest. origin of modern stipendiary magistrate (district judge).

robert henry bullock-marsham, stipendiary magistrate sitting @ bow street, 1905

one famous magistrate sir john fielding (known blind beak of bow street ), succeeded half-brother magistrate in bow street magistrates court in 1754 , refined small band of officers (formerly known bow street runners) effective police force capital. stipendiaries remained in charge of police until 1839.

the first paid magistrate outside london appointed in 1813 in manchester. 1835 municipal corporations act gave boroughs ability request appointment of stipendiary magistrate in locality. stipendiaries not required have qualifications, appointed ranks of barristers (from 1839) , solicitors (from 1849).

women in england , wales not allowed become justices until 1919, first woman being ada summers, mayor of stalybridge, jp virtue of office. today, number of male , female magistrates approximately equal.