SECOND READING. (Hansard, 4 July 1871)

THE EARL OF ALBEMARLE
, in moving that the Bill be now read the second time, said, its object was to repeal so much of the 18th Geo. II., c. 20, as required a certain qualification in land in respect of property for Justices of the Peace. That qualification was contemporaneous with another Act which imposed a like qualification on Members of Parliament, and dated from the reign of Henry VI., when our forefathers were burning the Maid of Orleans as a witch. Other effete enactments of this kind had been repealed, and this ought to be likewise swept away—more especially as the increasing burdens of magistrates had 1081 induced a reluctance among the landed gentry to accept the office, and it was sometimes difficult to obtain a sufficient number of unexceptionable persons to discharge the duties of a Petty Sessional Court. It appeared, by a Return which had been laid before Parliament, that a very large number of clergymen held the office of Justice of the Peace:—and this seemed to him (the Earl of Albemarle) quite incompatible with their duties and their sacred office. On the Other hand, the landed property qualification excluded the brothers and younger sons of Peers, officers in the Army and Navy, professional and scientific men, wealthy merchants, and even men who had made the law the study of their lives. The property qualifications of Members of Parliament had been abolished, and he could not see why that of Justices of the Peace should not be removed. Even a retired Judge, if he had not saved money and invested it in land, would be ineligible for the office of Justice of the Peace.

THE LORD CHANCELLOR
said, that he regretted that he must oppose the second reading of the noble Earl's Bill. There was no analogy between Justices of the Peace and Members of Parliament. The latter were elected, and it was right that the choice of the electors should be unfettered and should be decisive as to their qualifications; whereas magistrates were nominated by the Crown, and should give some guarantee of fitness. It had been deemed the best security for a county magistrate that he should have a certain landed property qualification; and he thought it might be taken as a pretty clear indication of indisposition to hold the office of Justice of the Peace if a man did not take the trouble to obtain the requisite qualification. So far as he was aware no one, except the noble Earl, had shown any anxiety for the repeal of the Statute of George II. It might be reasonable to consider whether landed property should be the only qualification; but the Bill would repeal it without substituting any other. The object of the qualification was to guard against the appointment of unfit persons and to protect Lords Lieutenant from undue pressure. He would recommend the noble Earl to 1082 direct his efforts towards an amendment of the Act, instead of to its simple abolition. He thought that the noble Earl's remarks as to the disqualification of officers of the Army and Navy deserved consideration. With regard to clerical magistrates, the noble Earl's remark had probably been influenced by the circumstance that in the two counties best known to him they were more numerous than elsewhere; but it had been the rule for many years not to appoint clergymen as magistrates unless it was difficult to obtain other qualified persons.

§ LORD LYTTELTON
said, that unpaid magistrates should have a substantial stake in the country; but he could testify, as a Lord Lieutenant of long standing, to the inconvenient and embarrassing nature of the present qualification. He should advise the noble Earl to withdraw the present Bill, and introduce another, relaxing some of the present restrictions, and perhaps providing other qualifications.

THE EARL OF ALBEMARLE
said, that in deference to the advice of the noble and learned Lord and of his noble Friend, he would withdraw the Bill.