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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91198	Irenarches redivivus. Or, A briefe collection of sundry usefull and necessary statutes and petitions in Parliament (not hitherto published in print, but extant onely in the Parliament rolls) concerning the necessity, utility, institution, qualification, jurisdiction, office, commission, oath, and against the causlesse, clandestine dis-commissioning of justices of peace; fit to be publikely known and observed in these reforming times. With some short deductions from them; and a touch of the antiquity and institution of assertors and justices of peace in other forraign kingdomes. Together with a full refutation of Sir Edward Cooks assertion, and the commonly received erronious opinion, of a difference between ordinances and Acts of Parliament in former ages; here cleerly manifested to be then but one and the same in all respects, and in point of the threefold assent. Published for the common good, by William Prynne of Lincolns-Inne, Esq.	Prynne, William, 1600-1669.; England and Wales. Parliament.	1648 (1648)	Wing P3987; Thomason E452_23; ESTC R203239	36,601	50

IRENARCHES REDIVIVVS OR A briefe Collection of sundry usefull and necessary Statutes and Petitions in PARLIAMENT not hitherto published in Print but extant onely in the Parliament Rolls concerning the Necessity Vtility Institution Qualification Jurisdiction Office Commission Oath and against the causlesse clandestine dis-commissioning of JUSTICES OF PEACE fit to be publikely known and observed in these reforming times With some short Deductions from them and a touch of the Antiguity and Institution of Assertors and Justices of Peace in other forraign Kingdomes TOGETHER With a full Refutation of Sir Edward Cooks assertion and the commonly received Erronious opinion of a Difference between Ordinances and Acts of PARLIAMENT in former AGES here cleerly manifested to be then but one and the same in all respects and in point of the threefold Assent Published for the common good By William Prynne of Lincolns-Inne Esq. EXODUS 18. 21 22. Thou shalt provide out of all the people able men such as feare God men of truth hating covetousnesse and place such over them to be Rulers of thousands and Rulers of hundreds and Rulers of fifties and Rulers of tens and let them judge them at all times JOSH. 24. 25. So Joshua made a Covenant with the people that day and set them a STATUTE and an ORDINANCE in Sechem LONDON Printed for Michael Spark at the Bible in Green-Arbor 1648. To the READER COurteous Reader I here present thee with a briefe collection of some concealed usefull Records Petitions and Acts of Parliament not hitherto Printed and almost quite buried in oblivion concerning Justices of the Peace not altogether unworthy thy knowledge and consideration together with some deductions from them and a concise Refutation of Sir * Edward Cookes and others received mistaken difference between Acts and Ordinances of Parliament in preceding Ages who neither knew nor made any such distinction between them as is now beleeved My sole ayme and intention in reviving and publishing them is thy information and the common good and settlement which ignorant or wilfull mistaks have much interrupted If thou receive any New light or benefit by them give God the glory and let the Author onely enjoy thy favourable acceptance of this weake publicke service for thine and his Countries welfare to which he hath devoted most of his time and studies And so much the rather to excite and encourage others especially Inne of Court Gentlemen whose industry and study of the Records Laws Statuts of the Realm is much declined of late yeers to apply their minds and studies principally not to meer private gainfull lucubrations but to subjects of most publike concernment and best advantage to the Republike to prevent the introducing of Tyranny Anarchy Arbitrary Government or any destructive Encroachments upon the peoples Liberties our Lawes in this present or succeeding ages by any Powers whatsoever which will inevitably creepe in upon us by degrees if the study of the Records Laws of the Realm be either discontinued neglected obstructed or the ordinary course of Law and Justice altered or interrupted by any new arbitrary Ordinances or proceedings before new-erected Committees which our Ancestors in former Parliaments never heard of nor transmitted to posterity Farewell Irenarches Redivivus OR A brief COLLECTION c. THE institution of Justices of Peace in every County and City of the Realm being as Sir a Edward Cook asserts such a form of subordinate Government as no part of the Christian world hath the like if it be duly executed I conceived it neither unseasonable nor unprofitable to publish to the world some Records Acts and Petitions of Parliament concerning the Nomination Constitution Jurisdiction Commission Office Oath and against the undue arbitrary dislocation of Justices of the Peace not hitherto published in print by any who have written of this subject with some brief observations thereupon necessary for our present times which pretend so much to an exact reformation of all corruptions both in Church and State What Lawes have been made in this our Realm for the punishment of Violaters and infrin●ers of the Peace before the Conquest you may read in the b Lawes of King Ine cap. 6. 46. in the Lawes of King Alured cap. ●5 21 34 36. and others What care forreign Princes and States have anciently taken to preserve the peace of their Kingdoms to punish Malefactors and Disturbers of it and by what penalties and Officers those who please may inform themselves by perusing Capitularia Caroli Ludovici Imp. lib. 1. cap. 61. lib. 2. cap. 11 12 c. lib. 3. cap. 1 4 22 23 25 26 27 44 to 51. Addit Lud. 4 Tit. 26. 3 Tit. 15 63. c Leges Wisigothorum lib. 2 6 7 8 9. Leges Burgundiorum Lex 9 10 11 12 25 26 27 33 37 41 70 71 80 89. Legis Burgundiorum Additamentum primum Tit. 4 5 6 7 10. Leges Salicae Tit. 2. to 69. Leges Alemannorum c. 40. to 99. Leges Bajuvariorum Tit. 2 7 to 19. Leges Ripuariorum c. 1 to 55. Leges Saxonum Tit. 1 2 3 4 5 9 10 11 15. Leges Angliorum Tit. 1 to 11 14 16. Leges Frisionum Tit. 1 4 5. 12 13 19 20 21. Adtidio Sapientum cap. 1 to 9. Leges Longobardorum lib. 1. lib. 2. cap. 46 58. Constitutionum Sicularum lib. 1. cap. 1 9 to 30 37 41. lib. 2. cap. 1 to 8. lib. 3. cap. 37 to 80. which for brevity sake I can but mention Onely I cannot pretermit how I finde the very Title and Office of an Assertor or Justice of the Peace thus expressed and described among the ancient Lawes of the Wisigoths first composed by King Theodoricus about the yeer of our Lord 437. d lib. 2. cap. 16. Omnium negotiorum causas ita judices habeant deputatas ut criminalia cetera negotia terminandi sit illis concessa licentia PACIS AUTEM ASSERTORES non aliàs derimant causas nist quas illis Regia deputaverit ordinandi potestas PACIS AUTEM ASSERTORES SUNT qui sola faciendae pacis intentione Regali sola destinantur auctoritate And cap. 26. Quoniam negotiorum remedia multimodae diversitatis compendio gaudent ideo Dux Comes Vicarius PACIS ASSERTOR Tyuphadus Millenarius Centenarius Decanus Defensor Numerarius qui ex Regia jussione aut etiam ex consensu partium judices in negotiis eliguntur sive cujuscunque ordinis omnino persona cui debitè judicare conceditur ita omnes in quantum judicandi potestatem acceperint JUDICIS NOMINE CENSEANTUR EX LEGE ut sicut judicii acceperint jura ita Legum sustineant five commoda sive dampna By which it is apparent that Justices and Assertors of the Peace were in ancient times a speciall and peculiar Office among the Wisigoths authorized by Commissions from their Kings to hear and determine matters of the Peace according to the Lawes and that they were comprized

Office of a King the more discreet men of the Realm being called together AS WELL OF THE HIGHER AS OF THE LOWER ESTATE it was provided AGREED AND ORDAINED That whereas the Realm of England of late had been disquieted with manifold troubles and dissentions for reformation whereof STATUTES AND LAWES be most necessary whereby the peace and tranquility of the people must be conserved wherein the King intending to devise convenient remedy hath made these ACTS ORDINANCES AND STATUTES underwritten which he willeth TO BE OBSERVED FOR EVERMORE FIRMLY AND INVIOLABLY OF ALL HIS SUBJECTS as well high as low Then follow twenty nine Statutes continuing yet in force all ushered in with this generall Preamble from which I shall observe First that Acts Ordinances and Statutes were all one and the same and used as Synonumaes in that Age Secondly that they were all equally provided agreed and ordained by the King and the more discreet men of the Realm called together as well of the higher as of the lower estate therefore Ordinances then as well as Acts and Statutes had the threefold assent and the King 's as well as the Lords and Commons concurrence not the assent only of one or two of them Thirdly that those Acts which are termed Statutes and Laws right necessary in the former clause of this Preamble are called Acts Ordinances and Statutes in the later Fourthly that Ordinances then were to be observed for evermore sirmly and inviolably of all Subjects as well high as low and not meer temporary Lawes expiring with the uery Sessions that made them or before and obliging some but not others as most new Ordinances now do Which had Sir Edward Cook observed in his r Comentary on this very Preface and Statute it is probable he would have retracted his mistaken difference between Statutes Acts and Ordinances of Parliament which hath seduced others as well in point of practice as opinion In 50 E. 3. we have this generall Preamble to the printed Acts of Parliament and Statutes then made By assent of the Prelates Dukes Earls Barons and others assembled at the Parliament holden at Westminster at the fifteenth of Saint Hillary the yeer of the reign of our sovereign Lord the King that now is of England the fiftieth the same our soveraign Lord the King much desiring that the Peace of his Land be well kept c. hath for so much made and established certain ORDINANCES c. which ORDINANCES he will that to the honour of God and of the Church and quietnesse of his people they be firmly kept and holden in all points These Statutes being eight in number are onely termed Ordinances in this Prologue though Statutes in the Title and close to Thus endeth the Statutes c. The generall printed Preambles to the severall Acts and Statutes made in the Parliaments of 2 3 5 6 7 9 12 13 14 15 16 17 20 and 21 Rich. 11. run all in this form and words Our Soveraign Lord the King at his Parliament holden at Westminster c. of the assent of the Prelates Dukes Earls Barons and other great men and of the Commons of this Realm summoned to the said Parliament hath ORDAINED and established in the said Parliament for the quietnesse of his people c. the STATUTES AND ORDINANCES following perpetually to endure in his said Realm Or hath done to be made certain ORDINANCES AND STABLISHMENTS for the common profit of the Realm in form following The Preambles to the severall printed Statutes made in the 1 2 4 5 6 and 9 yeers of King Henry the fourth and 1 2 3 4 5 7 and 9 yeers of King Henry the fifth use these expressions At the Parliament holden at Westminster c. Our Soveraign Lord the King by assent of the Prelates Dukes Earls and Barons and at the speciall instance and request of the Commons assembled at this present Parliament hath done to be ORDAINED and established certain STATUTES AND ORDINANCES Or divers ORDINANCES AND STATUTES in form following The printed Preambles to the respective Statutes made in 1 2 3 4 6 8 9 10 11 14 18 20 23 27 28 29 31 33 of King Henry the sixt In 1 3 4 8 12 17 22 of King Edward the fourth In 1 of Richard the third in 1 3 4 11 12 19 of King Henry the seventh and in 1 3 4 5 6 7 14 23 of King Henry the eight run all in the like form of words coupling Ordinances and Statutes alwayes together as one In 24 H. 8. this generall usuall Preamble was altered into this new modle Acts made in the Session of this present Parliament c. and from that Parliament till this present this ancient usuall Preamble hath been discontinued and omitted in our printed Statutes Secondly I shall manifest Statutes Acts and Ordinances of Parliament to be one and the same by sundry printed Acts of Parliament which couple them together and use them promiscuously for one and the same as the forecited generall Preambles do 13 E. 1. the Statute of Merchants The King and his Counsell at his Parliament holden at Acton Burnell hath ordained these establishments which ORDINANCES and establishments the King commandeth they shall be firmly kept and observed throughout his Realm of England and Ireland 37 E. 3. c. 1. That the great Charter and Charter of the Forrest and the STATUTES AND ORDINANCES made in the times past be holden and kept and duly executed according to the form and effect of them 38 E. 3. parl. 1. c. 10. The STATUTES AND ORDINANCES thereupon made shall stand in force 42 E. 3. c. 6. The Statute and ORDINANCE made for Labourers and Artificers c. 1 R. 2. c. 5 7. It is ordained that all STATUTES AND ORDINANCES made before this time c. be holden and firmly kept i● all poynts It is ordained and assented that the Statutes and ORDINANCES made in such case before this time be kept and duly executed 5 R. 2. parl. 1. c. 1. 6 R. 2. parl. 1. c. 1. 7 R. 2. c. 2. 8 R. 2. c. 1. 9 R. 2. c. 1. 13 R. 2. c. 1 8. 14 R. 2. c. 11. 15 R. 2. c. 1. 1 H. 4. c. 1. 2 H. 4. c. 1. 4 H. 4. c. 1 16. 7 H. 4. c. 1. 9 H. 4. c. 1. 11 H. 4. c. 5. and 4 H. 5. c. 1. do all thus couple Ordinances and Statutes together as one It is ordained and accorded c. That the great Charter and the Charter of the Forrest and ALL OTHER GOOD STATUTES AND ORDINANCES before this time made and not yet repealed be firmly observed in all their Articles and put in due execution according to the effect of the same All these Statutes giving the title both of an Ordinance and Statute to Magna Charta the Charter of the Forrest and to all other Statutes formerly made cleerly resolve Statutes and Ordinances to be both one So 6 R. 2. parl. 1. c. 10. Any Statutes Ordinances c. had or made

Ordinance c. 3. this Ordinance twice c. 4. this Ordinance twice 29 H. 6. c. 2. Endamaged by this Act And that this Ordinance shall begin c. then Contrary to this Statute 31 H. 6. c. 3. this Ordinance 33 H. 6. c. 1. the said Ordinance c. 6. the said Ordinance c. 7. this Ordinance thrice 39 H. 6. c. 1. Acts Statutes and Ordinances twice 1 E. 4. c. 2. this present Ordinance then Provided that this Act after that this Act and Ordinance next And that this Ordinance 3 E. 4. c. 1. By this Ordinance afterwards that this present Act and Ordinance c. 3. this Ordinance twice c. 4. this Ordinance or Statute after this Ordinance nor Act nor none other Ordinance or Act made c. 4. Ordinances and Statutes then Statutes and Ordinances after Contrary to this Ordinance next Provided that this Statute then Nor that this Ordinance Notwithstanding this Ordinance after Within this Statute and in the close that this Ordinance 4 E. 4. c. 1. this Ordinance twice then the Statutes and Ordinances made before this time after that these Statutes and Ordinances and other Statutes and Ordinances made before this time next Any other Act or Ordinance then Not according to this Act c. 2. this Ordinance twice afterwards termed this Act twice 4 E. 4. c. 5. Forasmuch as a certain Declaration and Ordinance in form of a Statute evermore to endure were of late made by the Duke of Burgony c. Which said Declaration and Ordinance twice next the Statute made against it is stiled this Ordinance four times then that this Act nor none other Act Statute nor Ordinance made or to be made twice c. 7. the like In 7 E. 4. c. 1. 2 3 4. 12 E. 4. c. 3 9. 14 E. 4. c. 1 24. 17. E. 4. c. 1 4 6. 22 E. 4. c. 2. 1 R. 2. c. 6 10 13. 1 H. 7. c. 2 5 8 9. 9 H. 7. c. 2 4 8 9 11 21 22. 7 H. 7. c. 2 5. 11 H. 7. c. 1 4 8. 19 H. 7. c. 4 22 23. and in sundry other Statutes of King Henry the eighth Edward the sixth Queen Marys Queen Elizabeth King James which for brevity I forbear to cite we have the like connection of Statutes Acts and Ordinances and interchangeable stiling of Acts and Statutes Ordinances and of Ordinances Acts Statutes Lawes c. 31 E. 3. Parl. 2. c. 3. 34 E. 3. c. 20. 5 R. 2. Parl. 2. c. 11. 2 H. 4. Parl. 2 c. 4. 3 H. 7. c. 3. we read of Ordinances to be made by the Chancellour Treasurer and King's Councell or by the King and Barons of the Exchequer by authority of Parliament to stand as binding Lawes and of Ordinances made by the Goldsmiths and by the Major of London without and against Law and 15 H. 6. c. 6. 23 H. 6. c. 4. 7 E. 4. c. 1. 19 H. 7. c. 7. we read of Ordinances and Lawes made by Fraternities and Corporations none of all which are any Ordinances of Parliament but it is undeniable by these and all the forecited Statutes that an Ordinance of Parliament in the opinion resolution stile judgement of all these a ancient Parliaments before these our dayes was all one with an Act of Parliament Law Statute and that these were used reciprocally one for another for what is called an Ordinance in one clause or line is stiled an Act or Statute or both of them in another and what is called a Law a Statute or Act of Parliament in one place is termed an Ordinance or an Act and Ordinance a Statute and Ordinance in another c. as the premises abundantly manifest therefore there was heretofore no diversity at all between an Act or Ordinance of Parliament but they were both one and the same ever made by the same concurrent assent of King Lords and Commons by the opinion resolution of all these forecited Parliaments Statutes a and of our Judges too Fourthly this is undeniable by the manner of penning and enacting our Statutes and Acts of Parliament in all Ages in these very termes It is ORDAINED Be it ORDAINED It is provided agreed and ORDAINED It is assented and ORDAINED It is or be it ORDAINED It is or be it ORDAINED and established The King with the assent c. hath ordained For which you may consult at leisure the forecited Preambles to most of our Statutes 3 E. 1. c. 48 7 E. 1. the Statute of Mortmain 13 E. 1. the Statute of Acton Burnell 13 E. 1. c. 8 to 16 33 36 38 39 41 46 48 13 E. 1. the Statute of Merchants 18 E. 1. c. 1. 27 E. 1. c. 1 2 3 4. of Fines 27 E. 1. A Statute for persons appealed 21 E. 1. Articuli super Chartas the preamble c. 1 2 3 11 20. 30 E. 1. the new Statute of Quo Warranto 34 E. 1. the Statute of Jointenants 9 E. 2. the Statute of Sheriffs 15 E. 2. the Statute of Carlile 18 E. 2. the Statute of Prizes 1 E. 3. c. 1. 2 E. 3. the preamble c. 2 5 6 8 12. 4 E. 3. c. 2 15. 9 E. 3. c. 4. parl. 2. preamble 10 E. 3. parl. 1. preamble 18 E. 3. parl. 2. c. 6. 20 E. 3. preamble c. 4 5 6. 21 E. 3. c. 1 8. 25 E. 3. parl. 1. preamble c. 1. parl. 3. c. 2. parl. 4. c. 2. parl. 5. preamble c. 2 18. parl. 6 7. 27 E. 3. prologue parl. 2. preamble c. 3 7 8 9 11 14 21 22 24 25 27 28. 28 E. 3. preamble c. 7 8 10 11 13. 31 E. c. 5 6 7 10 15. parl. 2. preamble c. 2 3. parl. 3. the Ordinance for Fish 34 E. 3. the prologue c. 21. 36 E. 3. c. 2 4 to 16. 37 E. 3. preamble c. 1 to 20. 38 E 3. parl. 1. preamble c. 2 6 10 11. parl. 2. c. 2 4 5. 42 E. 3. c. 3 9 11. 43 E. 3. c. 1 2 3 4. 45. E. 3. c. 1 2 3. 50 E. 3. c. 1 7 8. 1 R. 2. preamble c. 4 5 6 7 9 11 12 15. 2 R. 2. stat 1. c. 2 3 5 6 7. parl. 2. c. 3. 3 R. 2. parl. 1. c. 1 2 3. parl. 2. c. 1. parl. 1. c. 6 7 to 16. parl 2. c. 5. 6 R. 2. parl. 1. c. 3 6 to 13. parl. 2. c. 3. 7 R. 2. c. 4 to 17. 8 R. 2. c. 2 3. 10 R. 2. c. 1. 11 R. 2. c. 6 to 12. 12 R. 2. c. 2 3 5 8 9 10 14 16. 13 R. 3 preamble c. 1 4 to 20. 13 R. 2. parl. 2. c. 2 3. 14 R. 2. preamble c. 11. 15 R. 2. preamble c. 3 4 6 8. 12. 16 R. 2. preamble c. 1 3 5 6. 17 R. 2. preamble c. 2 5 9. 20 R. 2. preamble c. 1 5. 21 R. 2. c. 2 to 21. 1 H. 4. c. 5 to 20. 2 H. 4. c. 1 to 25. 4 H. 4. c. 2 to 35.

5 H. 4. c. 2 to 15. 6 H. 4. c. 1 2 3 4. 6 H. 4. c. 2 to 18. 9 H. 4. c. 2 to 8. 11 H. 4. c. 1 to 9. 13 H. 4. c. 3 4 5 6 7. 1 H. 5. c. 1 to 11. 2 H. 5. c. 1 to 10. 3 H. 5. parl. 2. c. 3 to 9. 4 H. 5. c. 4 5 6. 8 H. 5. c. 2 3. 9 H. 5. c. 2 3 to 13. 9 H. 5. Parl. 2. c. 1 2 7 9 10. 1 H. 6. c. 1 to 6. 2 H. 6. c. 2 to 15. 3 H. 6. c. 1 to 6 4 H 6. c. 2 3 6. 6 H. 6. c. 1 to 6. 8 H. 6. c. 1 to 30. 9 H. 6. c. 2 to 11. 10 H. 6. c. 2 to 8. And to cite no more in so plain a case almost every Statute since 10 H. 6. till this very day retains this very form of words It is or Be it ordained c. from whence the word Ordinance is derived And therefore Acts and Ordinances of Parliament in proper speech and use must necessarily be one and the same the word b ORDINARI and no other word of enacting Laws but it being used and inserted into the very Writs of Elections and Summons to the Parliament as I have formerly observed the cause it is so frequent and still retained in our Statutes and Acts of Parliament till this very day Finally if all these authorities and reasons from our own printed Statutes be not sufficient to prove Statutes and Ordinances of Parliament in all former times both one and the same I shall unanswerably evince and cleer it by divine Authorities out of the unerring word of truth which resolves AN ORDINANCE LAW STATUTE to be all one couples ORDINANCES AND LAWES usually together as one takes them promiscuously one for another and useth the word ORDAIN as the proper term in enacting divine as well as humane Lawes as these 〈◊〉 Texts will manifest which those who desire satisfaction herein may peruse at their leisure Exodus 12. 14 24 43. chap. 13. 10. chap. 15. 25 chap. 18. 20. Leviticus 18. 3 4 30. chap. 22. 9. Numbers 9. 12 14 chap. 10. 8. chap. 15. 15. chap. 18. 8. chap. 19. 2. Joshua 24. 25. 1 ●am. 30. 25. 2 Chron. 2. 4. chap. 33. 8. chap. 35. 13 25. 2 Kings 17. 34 37 Ezra 3. 10. Nehemiah 9. 32. Job 38. 33. Psalm 99. 7. 119. 91 Isaiah 24. 5. chap. 52. 8. chap. 58. 2. Jeremiah 31. 35 36. chap. 33. 25 Ezekiel 11. 20. chap. 43. 11 18. chap. 44. 5. chap. 45. 14. chap. 46. 14 Malachi 3. 7 14. Luke 1. 6. Romanes 13. 2. 1 Cor. 11. 2. Ephestans 2. 15. Colossians 2. 14 20. Hebrews 9. 1 10. 1 Peter 2. 13. Numbers 28. 6. 1 Kings 12. 32 33. 2 Chron. 23. 18. Esther 9. 27. Psalm 81 5. Daniel 2. 24. Acts 16. 4. Romanes 7. 10. chap. 13. 1. Galathians 3. 19. 1 Cor. 7. 17. Hebrews 9. 6. compared together I have taken thus much pains in an untrodden path to prove Statutes Acts and Ordinances of Parliament to be always anciently really one and the self-same made by consent of the King Lords and Commons joyntly not of Lords and Commons alone without the King or by King Commons without the Lords not any wayes to invalid or impeach any late good and absolutely necessary Ordinances of Parliament which the exegences of our unhappy distracted times have enforced the houses to passe without the King's consent being absent from and in Arms against them for their own and the a Kingdoms preservation or any Ordinances for the necessary reformation or punishment of any generall grievances or abuses according to Law or preventing any publike mischiefs in a regular manner by way of Declaration or assisting of the common Law Salus populi Reipublicae being suprema Lex and extraordinary Remedies to be prescribed by the Houses in such extraordinary cases and exigencies when ordinary can finde no place at all but for these ensuing reasons First to refute the commonly received errour of these times and of some pretended Grandees of the Law That Acts and Ordinances of Parliament in former ages were distinct and different things not one and the same and that the royall assent was then held onely necessary to Acts but not to Ordinances of Parliament for which there is not any one single pregnant convincing president extant to my knowledge in any Parliament Rolls or printed Acts which errour hath been principally propagated by Sir Edw. Cooks venerable authority and assertion in his 4 Instit. p. 25. whose misallegations and mistakes are too frequently embraced for Oracles of truth for want of due examination Secondly to abate the excessive fees now taken by Officers in both Houses of Parliament for private Ordinances as high or higher for the most part as the ancient or late Fees for private Acts of Parliament which had the Royall assent a great grievance and oppression to the Subject generally complained of fit to be examined and redressed in these reforming times when private Ordinances and exactions for them are so frequent without any president in former Parliaments to warrant such new excessive Fees Thirdly to perswade and induce the Members of both Houses of Parliament not to multiply these new kind of Parliamentary Ordinances destitute of Royall assent and the peoples generall approbation in full Parliament to the impeachment or infringement of any ancient Ordinances still in force the Statutes or common Law of the Realm the invasion of the peoples undoubted Liberties Rights or Proprieties which they have so long fought for and dearly purchafed with the expence of so much treasure and blood or to the inveagling of the consciences of Judges or Lawyers contrary to their Oaths and Duties Fourthly to advise both Houses to turn all their former and future necessary usefull Ordinances into Acts of Parliament and to presse the King's Royall assent to them in their expected approaching personall Treaty with his Majesty for the greater indemnity and security of those who have acted on or received or enjoy any monies lands offices or emoluments by them to avoyd all questions and scruples in succeeding Parliaments and Ages Fiftly to admonish Committees of all sorts not to rack or strain any new Ordinances wanting the threefold assent especially such as are penall beyond their Letter or true intention to the Subjects oppression who had many times no legall notice of them an int●lerable common grievance contrary to the ordinary rules of justice and the Houses primitive purposes on whom sundry Committees and their under-Officers extravagancies in this kind have drawn much hatred and scandall the sad effects whereof begin now visibly to appear in the late insurrections and distempers of the people in sundry Counties and hatred of Committee-men which will hardly be cordially pacified or allayed but by the speedy suppression of all such arbitrary lawlesse Committees and Officers and calling them to a strict and just accompt both for their

August and hay-making in ease of the Commons Ans. It pleaseth the King that no Sheriff shall be henceforth a Iustice but that such shall be who know and will do the Law and that people of the Country of good fame shall be associated to them and not others 20 E. 3. rot Parl. n. 20. Item the Commons Petition That in every County there be ordained Keepers of the Peace of the most sufficient of the Counties and that they may have power to enquire and determine Felonies and Trespasses committed contrary to the Peace since the last passage of our Lord the King beyond the Sea Answ As to the keeping of the Peace let there be good people and covenable assigned for to keep the Peace and as to the Oyer and Terminer the King will assign wise and sufficient men who have knowledge of the Law according to the agreement in the last Parliament In the Parliament of 21 E. 3. n. 70. I meet with this Petition of the Commons Most honourable and most redoubted Soveraign Whereas in this Parliament your Commons were charged to advise you how the Peace of this Land might be best kept To which it was answered That in every County there should be chosen by men of the County Justices of which two should be of the greatest men and two Knights and two men of Law of the most valiant and most loyall of the said County and there where there shall be need more shall be assigned or fewer if there be cause and that they shall have full power by Commission out of the Chancery to hear and determine Felonies Trespasses and other poynts touching the keeping of the Peace of every County who are abiding in the said Counties who may better know and to the greater ease and lesse grievance of the County punish the felons and trespassers then other Justices who are strangers and that known Trebasto●s should not run as at another time was assented in Parliament for that they were all to the destruction and undoing of the people and to very little or no amendment of the Law or of the Peace or punishment of Felons and Trespassers In the Parliament of 28 E. 3. Rot. Parl. n. 17. there is this Petition of the Commons turned into an Act of Parliament by the King's answer thereunto with the Lords consent To our Lord the King pray the Commons That the Guardians of the Peace may be of the most loyall and sufficient men of the Counties residing in the said Counties and not in forraign places and of the Justices of Labourers in like manner and that no Justice may be assigned by Commission if he be not sufficient of estate and condition to answer to the King and to the people and that the names of the Justices of Labourers may be viewed and examined by the Chancellour and Treasurer and Justices of the one Bench and the other and in presence of the Knights of the Shires and those who are covenable shall remain for such number as is necessary according to the greatnesse of the County and in the place of those who shall be put out let others be named by the said Knights WHICH SHALL NOT AT ALL BE PUT OUT WITHOUT SPECIALL COMMAND OF THE KING OR REASONABLE CAUSE TESTIFIED BY THEIR COMPANIONS And that the said Justices shall be charged to sit or keep their Sessions at least four dayes in the yeer or more if there be occasion and that they shall make good execution of the Statutes already made and that the Guardians of the Peace and the Justices of Labourers may be both one there where it may well be done Answ As for the former Petition it is reasonable and therefore our Lord the King willeth that it be granted 36 E. 3. n. 29. The Commons Petition That the Justices of Peace may have reasonable wages ordained them as the Kings Chancellour and Treasurer shall think fit and that the said Justices may have power to enquire as well of Victuallers Regraters Forestallers within Cities Towns and Burroughs and elswhere as of Servants Labourers and Artificers Answ The King will command to the Chancellour and Treasurer his will hereupon 37 E. 3. in the Parliament Roll n. 19. there is this Petition and Answer Item May it please our Lord the King to grant to the Knights of Shires Cities and Burroughs which are come to this Parliament power to choose people to be Justices of Labourers and Artificers and keepers of the Peace and that the same persons so chosen MAY NOT BE REMOVED BY ANY SUGGESTION TO PUT OTHERS IN THEIR PLACES who are lesse sufficient Answ Let them cause convenient persons to be named now in this Parliament and the King will assign those whom he shall please 50 E. 3. Rot. Parl. n. 67. Item The Commons pray That whereas the Justices of Peace are often assigned by brocage of Maintainers of the Country who commit great out-rage by their maintainance to poor people of the Country and are common maintainers of these misdoings The Commons supplicate That the said Justices may be named in every County by the Lords and Knights of the Counties in Parliament and that they shall be sworn before the Counsell of the King in the same manner as other people are AND THAT THEY SHALL NOT BE REMOVED WITHOUT ASSENT OF PARLIAMENT which thing will turn to the great profit of the King and that convenient wages may be assigned to the said Justices to keep their Sessions for without wages they have no care to keep their Sessions which is a great losse to the King Answ They shall be named by the King and his continuall Counsell and as to wages the King will advise In the Parliament of 2 R. 2. held at Westminster pars prima n. 41. I finde this Act not printed Item the Commons shew That whereas divers Sheriffs of Counties are divers times assigned by Commission of our Lord the King to be Justices of Peace in the same Counties where they are Sheriffs do oftentimes hold their Sessions of the Peace for to indite many people of felonies and of other trespasses for this purpose to take of the indited outragious mainprizes and fines to the great destruction or impoverishing and oppression of the people that thereupon it would please our most gracious King and his Counsell so to ordain that no man during the time that he shall be Sheriff shall at all be ordained a Justice of Peace in the same County whereof he is Sheriff in amendment of the mischiefs aforesaid Answ Le Roy le voet The King willeth it So that there was a Statute in point long before 1 Mariae Sess. 2. c. 8. which enacts the like In the same Parliament n. 48. Item the Commons pray That in every County of England there may be ordained fix or eight Justices of the Peace whereof two shall be skilfull of the Law and that they shall be firmly charged by our Lord the King and his

that no Sheriff nor no man who hath the keeping of Prisons may be put into such Commissions The Answer As to the first poynt of this Petition our Lord the King wilieth that it shall be done Numb. 21. Item Pray tho Commons that whereas the Justices assigned to enquire of divers Felonies Confederacies Conspirators and Maintainers of quarrels of which points the said Iustices judge molt reddement over-hastily in grievance of the Commons that it would please our Lord the King and his Counsell that the poynts of Confederacies Conspiracies and Maintainers may be declared The answer Our Lord the King willeth that none shall be judged nor punished for Confederacy but there where the Statute thereof made speaketh expresly upon the poynts contained in the said Statute 47 E. 3. rot Parl. n. 26. Item the Commons pray that the Statute of Labourers and Artificers made in full Parliament be executed four times for a yeer to come and that the Justices of Peace as well as the Justices of Labourers may be removed in case that any will complain of them for the profit of the King and of the Commons To which is answered The King willeth it 50 E. 3. rot Parl. n. 83. To our most excellent and most redoubted Lord the King and his Counsell sheweth the poor Commons of the Land that because the Sheriffs and Vnder-Sheriffs and Keepers of Goals are now and of long time have been Justices of Peace and often times cause loyall people of the Country to be indicted before them through malice and envy for to reap their own gain as for to make a fine for the entry into the Goal afterward for suit of prison and after that for Bail and afterwards for to have an enquest procured for to save their lives and when they are released to make a fine to the Goalers for their Irons and after for their issuing out of the Gate whereof they pray remedy that therefore it would please your most excellent Lordship for God's sake and as a work of charity to ordain that from this day forwards no Sheriff nor under-Sheriff nor Keepers of Goals shall be a Iustice of Peace nor no Commission directed to them in their County but in their proper Office To which was answered That it pleased well the King There are some a other Acts and Petitions of Parliament concerning Justices of Peace besides these here cited exant in the Parliament Rolls but being of lesser moment then and for the most part agreeing in substance with the former I shall pretermit them with other unprinted Lawes and Petitions concerning Justices of Assize Oyer and Terminer as 22 E. 3. n. 6. 25 E. 3. n. 11. 2 R. 2. Parl. 1. n. 35. 6 R. 2. Parl. 1. n. 38 39 40 41. 50 E. 3. n. 65 69 213. 25 E. 3. Parl. 1. 8 E. 3. n. 6 10. 29 E. 3. n. 27 28. rot Parl. n. 17. 10 R. 2. n. 12. 6 R. 2. n. 41 48. Only from the premised Acts and Records I shall briefly deduce these observations and conclusions First that the institution of discreet valiant able and active Justices of Peace in every County of the Realm in the judgement of our ancient Princes Nobles Peers Knights and Commons assembled in Parliament hath been alwayes resolved and enacted to be the most probable prevalent and succesfull means to suppresse all publike Malefactors of all sorts to reform and redresse all publike oppressions grievances disorders and mischiefs in the Common-wealth to settle all distractions and to restore and preserve the peace and tranquility of the Kingdom Secondly that Justices of the peace in former times have frequently been nominated and appointed by the Knights Commons and Lords in Parliament by the Kings assent as well as by the King his Counsel Chancellour and Treasurer that such Parliamentary nominations and elections have usually been best and most beneficiall to the Common-wealth and that the constituting of able and active Justices of Peace hath been one principall end of ancient Parliaments convening Thirdly that none are fit to be Justices of Peace but such as are both a discreet and valiant and somewhat skilfull in the Laws of the Land which they are both to execute maintain and be regulated by in all their proceedings as well as landed and wealthy wisdom and discretion without b courage courage without wisdom and discretion wisdom discretion and courage without knowledge of and in the Lawes which must regulate all these and all or each of these without some competency of Estare to keep men from corruption c bribery oppression and basenesse being unable singly of themselves to qualifie any man to be an exact Justice but when they all concenter in one that man if really endowed with the grace and d fear of God and no other will prove a compleat Justice and such a one as these Statutes and Petitions require Fourthly that no Sheriff under Sheriff Coroner Keeper of a Goal or Prison Retainer or Servant to great men or person of mean fortune and quality disabled by the forecited Petitions and Statutes upon very good grounds ought to be put into Commissions of the Peace whiles they contitinue such to prevent extortion bribery and oppression of the People Fiftly that Justices of the Peace once put into Commission especially by publike nomination of the Knights and Commons of Counties in Parliament ought not to be removed nor put out of Commission upon any private suggestions whatsoever without speciall command of the King or his Counsell and that upon e just grounds or some reall misdemeanour or reasonable cause duly proved and testified by their companions and fellow-Justices it being against all the rules and principles of Justice Law Honour Conscience the expresse known fundamentall Lawes and Statutes of the Realm and the highest kinde of arbitrary Tyranny to put any Gentleman out of Commission upon malicions clandestine surmises behinde his back without ever hearing or summoning him to vindicate his own innocency or make his just defence against such clandestine unsatisfactory informations though a thing too commonly practized by unworthy malicious self-ended spirits even in these reforming times which so much declaim against arbitrary Government And in these and other Statutes and Petitions I finde onely these causes of uncommissioning and outing any Justices of Peace First f inability and insufficiency in point of skill wisdom discretion courage knowledge of the Law or Estate Secondly g corruption misdemeanour or h negligence in the discharge of this publike office of trust Thirdly i Retienorship or particular engagements to great persons which may overbyas Justices to oppresse and injure the people to pleasure those Grandees on whom they have their chief dependance Fourthly k age or infirmity of body to discharge this trust Fiftly l removing from non-refidence in or being made Sheriff Goaler c. of the County where they are in Commission therefore if any man be indirectly put