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 iâ— 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
under and honoured with the Title of Judges by the Lawes of that Nation To which I shall further adde that among the e Siculan or Neopolitan Lawes compiled by the Emperour Frederick the second about the yeer of our Lord 1221. Constitutionum Sicularum l. 1 Tit. 8. De cultu Pacis Generali Pace in regno servanda I meet with Justiciarii Regionum Justices of Peace appointed in every County who were to preserve the peace of the Kingdom in all and singular parts of that Realm to whom all complaints of breach of the peace violence and crimes were to be made And Tit. 41. De Officio JUSTITIARIATUS I read both the Title Office and Commission of these Justices thus set forth almost in paralel terms with our Commissions of the Peace at this very day Justiciarii nomen normam jus justjtiam contulerunt quibus quantò magis in nomine sunt affines tanto eorum veri solliciti debent esse cultores Hinc est quod ipsorum judiciis causae capitales maximè reservantur quod ipsorum officium debet esse gratuitum nec ipsum licet alicui pretii venalitate mercari Quae igitur ad ipsorum cognitionem pertinent praedecessorum nostrorum assisiis comprehensa apertius diffinimus Latrocinia scilicet magna furta fracturae domorum insultus excogitati incendia incisiones arborum fructiferarum vitium vis mulieribus illata duella crimina Majestatis arma moluta defensae impositae contemptae aliis vel pro aliis ab eisdem generaliter omnia de quibus convicti poenam sui corporis vel mutilationem membrorum sustinere deberent Magnum autem furtum accepimus ultra viginti angustales etiamst civiliter de furto ipso agatur ut etiam tamen de quantitate minori coram justiciario ad corporalem poenam criminaliter possit accusatio intentari c. Tit. 43. This Oath is prescribed both to the chief Justice and Justices of Provinces of inferiour rank when they took their Places Vt Deum Justitiam babendo prae oculis Vnicuique justitiam faciant fine fraude quà m citius poterini litigantes expedire curabunt And Tit. 48 49 50 51 52. we have a description what persons those Justices ougot to be how and when they were to ride their Circuits keep their Sessions and make generall Inquiries throughout their severall Provinces and parts of Provinces of Malefactors persons of ill life and conversation and how to proceed and punish them after presentments and conviction much like to the proceedings of our Justices of the Peace and Oyer and Terminer here in England Besides I read in the ancient Author Aeschines of an {non-Roman} {non-Roman} {non-Roman} {non-Roman} {non-Roman} or Pacis Custos a Keeper or Justice of Peace which it seems was an Office even among the ancient Grecians All which none of our Writers of Justices of the Peace having formerly observed I thought not impertinent briefly to touch for their greater honour and encouragement When Justices of Peace were first instituted in England is not much materiall f Sir Edward Cook informs us that in Ester Term 6 E. 1. Coram Rege was the first institution of Justices for the conservatiō of the Peace others deem them more ancient and many * think they were first of all appointed by the Statute of 1 E. 3. Parl. 2. cap. 16. or 18 E. 3. c. 2. I shall not debate the poynt but proceed to what I intend In the Parliament of 6 E. 3. rot Parl. n. 5 6. Sir Jeoffry le Scroop in the presence of the King Prelates Lords and Commons by the Kings command declared That this Parliament was called as well to redresse the breach of the Law and Peace as for the King's going to the Holy Land for which end he desired their councell and advice Whereupon the Bishops and Proctors of the Clergy went by themselves and the Earls Barons and other great men by themselves to consult therein After which the Bishops and Proctors of the Clergy returned this Answer That it did not properly appertain to them to give any councell in matters of Peace and to prescribe punishments for Malefactors The Earls Barons and other great men returning afterwards answered all to the King by the mouth of Beamont That they think the best course to preserve the Peace is That certain Justices should be constituted in every County and have power to appoint in every Parish certain men with the Constables for the apprehending of Malefactors and for the levying of hue and cry after them Which things being thus ordained by the Earls Barons and other great men and read before the King Prelates Knights of Counties and the Commons were pleasing to them all And it was likewise assented and agreed by the King Prelates Earls Barons and other great men and likewise by the Knights of Shires and Commons in Parliamenc that a sentence of Excommunication then read and approved should be published in every Church throughout the Realm To excommunicate all breakers of the Peace and all such as should defend and receive them or be privy thereto In the Parliament of 8 E. 3. rot Parl. n. 5. not printed it was enacted that Justices of the one Bench and of the other Justices of Assize and Justices of the PEACE in every County shall enquire and determine of false Jurors and Maintainers And the King by his Letters Patents hath charged all Archbishops and Bishops weekly to pronounce in every Parish an excommunication against all such Offenders In the Parliament Rolls of 17 E. 3. there are these notable Acts of Parliament and Petitions concerning Justices of the Peace their necessity authority commission c. never yet published in print to my knowledge Num. 10. Item it is to be remembred that on Friday the second day of May our Lord the King the said Prelates Earls and Barons and other great men and the Commons came into the white Chamber and there the Chancellour proposed on the behalf of our Lord the King how the King upon his return out of Brittain had understood That divers oppressions and grievances had been done to his people of England as well in his absence as in his presence and that the Law of the Land was not at all so well maintained as it ought because of divers Impeachments and maintenances made in divers manners And how the King desired Soveraignly That the Law should have its equall course between the poor and the rich and that it should be held and maintained in its right course without impeachment wherefore our Lord the King would have their councell and advice How such impeachment and vicious maintenance might be best removed and the Law best kept and held in its right course in such sort as it might be equall to the poor and to the rich And upon this were the said Prelates Earls Barons and other great men charged by themselves and the g
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 Trebastoâ—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
Counsell to keep their Sessions four times a yeer at least according to the Statutes and that all the Servants Victuallers Labourers and Artificers that shall be attainted before them of Excesse and which shall make a fine for their trespasse that their fine shall not be lesse then their Excesse but more if there be cauie by the discretion of the Justices so to punish them and by all other wayes as the Statutes which have been made concerning them purport And that every one of the Justices for the time that they shall be present at any one of the Sessions shall have wages of our Lord the King for every day a certain sum for their Sessions to be paid by the hands of the Sheriffs where they shall be Justices out of the issues of their Baily-wicks and that the Justices may have freely Writs for their Fees under seal out of the Chancery to the Sheriffs for to pay their Wages aforesaid And the Sheriffs may also have Writs out of the Chancery to the Barons of the Exchequer to allow them such payments upon their accompt That none shall be associated to the aforesaid Justices by Writ out of the Chancery nor other manner And that the said Justices Sheriffs Lords of Mannours Constables and Bailiffs in every County may have power to attach and arrest in their Baily-wicks all those vagrants who are strong of body to serve and labour according to the Statute and if they refuse to serve that they shall be committed to the next Goal to continue in prison untill they will justifie themselves according as the Statute hath ordained and that a Statute may be made in this Parliament to endure perpetually from the feast of Saint Michael next to come and that at the same time Proclamation may be made by the Sheriff in every Market-town throughout the Realm of the force of this Statute so that the said Servants Victuallers Artificers and Labourers may withdraw themselvers from their outragious prises or wages if they will or otherwise the said Commons shall be in short time destroyed and undone for ever And that the said Justices may be chosen by the advice of the Lords and Commons in Parliament of the most valiant and discreet of every County who may and will continually entend this Office Answ The King by advice of his Counsell will cause to be ordained a reasonable number of good sufficient Iustices in every county of England having consideration to the quantities of the counties and wils THAT THEY SHALL NOT BE REMOVED nor others associated to them without assent of the Counsell And as to the penalties to be ordained there are already ordained sufficient penalties by the Statutes before these times which penalties and Statutes the King wils that they shall be put in due execution And as to the Wages of the Justices two or three of the Iustices which shall attend the Sessions for the profit of the King and of his people shall have the sixt part of the profits proceeding from their Estreats untill the next Parliament In the Parliament of 2 R. 2. held at Gloucester n. 50 Item pray the Commons because that Commissions to keep the peace in every County are directed to the Lords of the County who cannot attend at their Sessions and assign and associate unto them others who are poor not so sufficient who may ocupy their Office in their absence who retain with them the Inditements taken of Malefactors without sending their precepts to any Sheriffs to apprehend such persons indited by reason whereof the Malefactors of the County are more encouraged to do amisse who ride in great routs as well by day as by night making affrayes and marching against people in their houses or elswhere and beat and wound and sometimes kill and maim the poor Commons of the Land that it would please that such poor and insufficient Justices may be removed and that the most sufficient and valiant in the County may be assigned in their Places who may and will justifie and make redresse of the misdoings of such Malefactors their maintainers coadiuters fosterers receivers and abettors in maintainance of the common Law of the Land and salvation of the common people aforesaid Answ The Chancellour Treasurer and others of the Counsell of the King shall cause to be ordained the most sufficient men of every County to be Commissioners in such case The same Parliament n. 62. Ittm The Commons pray that whereas for the common profit of the Realm before these times it is ordained and by divers Statutes in divers Parliaments affirmed that certain Justices of the Peace and for to justifie Labourers Victuallers and Artificers shall be assigned in all Counties and keep their Sessions so often as shall be best for the punishment of Malefactors Victuallers Labourers and Artificers which Justices do nothing in many Counties for that the wages are withdrawn from such Justices to the damage of the King as of the fines and amercements whereby Malefactors are more audacious Labourers outragious in their wages Victuallers more dear in vent of their Victuals and Artificers in their degree hereupon that it would please that all the Statutes aforesaid may be duly executed to the chastisement of the said Malefactors Labourers Victuallers and Artificers and further that wages may be assigned to the said Justices for their Sessions and that sufficient and wise Justices may be assigned in every County to perform the execution aforesaid so often as shall be best Answ Let two or three of the Justices who have held their Sessions for the profit of the King and his people have the sixt part of the profits proceeding from their estreats for one yeer onely In the Parliament of 3 R. 2. Rot. Parl. n. 38 39 40 41 I finde these notable Acts and Records touching Justices of the Peace never yet printed to my knowledge though as necessary and usefull to be known as all or any other printed Acts concerning them Numb. 38. Item That there may be added to the Commission of the Justices of the Peace the points ensuing First That they may have power to enquire and make execution of the Statutes of Purveyors Item That they may enquire and determine of Extortions Confederacies and Maintainers of Quarrels or suits and to determine of Larcenies notoriously known and of Murders and people slain by malice prepense without attending the comming of the Justices of Assize and that the Statute lately made of those who give liveries of Hats and other liveries to cause maintainance be duly executed according to the effect thereof Item to enquire of all those who ride with great routs in affray of the Peace to do evil and likewise of all those who lye in wait to kill rob or maim people and of all those who upon any of the said Trespasses shall be indited and thereupon convicted that they shall forfeit their Goods and Chattels to the King and be imprisoned for a yeer and one day and
forth of Commission without any such just causes as these or the like Some learned men conceive a Writ of Restitution lyes upon a motion in the King's Bench to the Chancellour or Commissioners of the great Seal to put him into the Commission of the Peace again in case they refuse to do it voluntarily as well as against a m Major or Corporation disfranchising or putting any Major Alderman Free-man or Common-Councell man out of his Place or Office without a just and legall cause there being the self-same reason and so the self-same Law for both Sixtly that Justices of the Peace may sometimes be put into and sometimes thrust out of Commission by corrupt and sinister means and false suggestions and that such an abuse is worthy the serious consideration and reformation of a Parliament Seventhly that honest and able n Lawyers in the judgement of our Ancestors and ancient Parliaments are the fittest men to be Justices of Peace Eightly that though Justices of Peace ought not to be Mercenary yet the not allowing of them competent o wages to defray their extraordinary expences especially at generall Quarter Sessions hath been a great occasion of inducing them to be slack and negligent in the diligent and zealous execution of Justice and attending at the Sessions Ninthly that the power and jurisdiction of Justices of the Peace since their first institution hath been much enlarged by sundry new Acts of Parliament and Commissions and that the greater authority they have given them the more are they enabled to promote the Republicks peace and happinesse Tenthly that no Justice of Peace ought to act as a Justice before he be actually sworn and that the Justices of the King's Bench and Common-Pleas and Justices of the Peace took anciently one and the self-same Oath Eleventhly that the form and substance of the Commissions of the Peace and Oath of Justices of the Peace were originally ordained by consent in Parliament Twelftly that Bishops in former times were great countenancers of * Extortion which they would not have Justices of Peace to hear and determine and that an Act of Parliament is p good and valid though all the Bishops whiles Members protested against it as null and voyd Lastly that Ordinances and Acts of Parliament were anciently both one in substance and used promiscuously one for another and were made by joynt consent both of the King Lords and Commons in Parliament and therefore Ordinances of Parliament bound the Subjects as really as far and long as Statutes as well after Parliaments ended as during the Sessions wherein they were made Which is evident by the premises by most Prologues to our printed Statutes at large from King Edward the third to Edward the sixt by some hundreds of printed Acts and Statutes by this clause of the Writ for the election of Knights and Burgesses Ad faciendum consentiendum his quae tunc ibi de communi consilio Regni nostri favente Deo contigerit ORDINARI from which word Ordinari this title of Ordinance was derived and by the Rols of Parliament wch make expresse mention of Ordinances of Parliament as all one with Acts and Statutes as 15 E. 3. n. 15 17 E. 3. n. 8. 21 E. 3. n. 8 16. 27 E. 3. n. 1. Rotulus Ordinationum 20 E. 3. n. 12 13. 28 E. 3. n. 10 16 55. 37 E. 3. n. 12 38. 40 E. 3. n. 11. 50 E. 3. n. 10 12 13 75 79 34 110 186. 51 E. 3. n. 11 47 82. 1 R. 2. n. 56. 2 R. 2. n. 46. 2 H. 4. n. 104 106. with sundry others and the Year-books of 39 E. 3. 7. 8 H. 4. 12 13. Indeed I find q Sir Edw. Cook putting this difference between an Act of Parliament and an Ordinances that an Ordinance wanteth the threefold consent which an Act alwayes hath and is ordained by one or two of them which he endeauours to prove by 25 E. 3. n. 16 c. 37 E. 3. n. 39. 1 R. 2. n. 56 c. to which he might have added 27 E. 3. n. 19. But under his favour these Records will neither prove nor warrant his difference for first there was the consent of the King Lords and Commons to the Ordinance concerning Apparell 37 E. 3. n. 38 39. which was commanded to be strictly executed as a Law till the next Parliament So as this Record is point-blank against him in that very thing for which he cites it and his first Record of 25 E. 3. n. 16 c. hath not one sillable in it concerning Ordinances of Parliament or to warrant any difference betwen Acts and Ordinances for which he quotes it which is cleerly refuted by this notably Record of 50 E. 3. n. 47. where The Commons Petition the King That NO STATVTE NOR ORDINANCE may be made or granted at the Petition of the Clergie without assent of the Commons and that the Commons shall not be bound by any of the Clergies constitutions made without their assent for they will not be obliged to their a STATUTES NOR ORDINANCES made against their assent Secondly the King's consent was to all the Presidents he cites and no Ordinance nor President is produced by him of any Ordinance made by the Lords or Commons joyntly or severally without the King's consent thereto Thirdly 27 E. 3. n. 19. puts a difference between Ordinances of Parliament and b Ordinances of State made by the King and his privy Counsell alone without the Lords and Commons assent the one being to be entred in the Parliament Rolls as binding Laws the other not Fourthly all that 1 R. 2. n. 56. proves is but this That the Kings sole answers to the Cōmons Petitions especially without the Lords concurrent assent makes them c no Acts of Parliament but meerly Ordinances of State AS SOME AFFIRMED Whereupon the Commons prayed That their Petitions to which King Edward the third in his Parliament held the 50th yeer of his reign gave this answer Le Roy le Voet might be turned into into Acts. But it no wayes proves that Acts and Ordinances of Parliament are different things and not one and the same since our Parliaments in all Ages have resolved the contrary This I shall undeniably manifest by our printed Statutes at large which every man may peruse because some may deem it a dangerous paradox in this innovating and erring Age That Statutes Acts and Ordinances of Parliament are all one is evident First by the printed Prologues and preambles to most of our Statutes and Acts of Parliament I shall begin with the Preamble to the Statute of Marlbridge made in the two and fiftieth yeer of King Henry the third In the yeer of grace 1267. in the two and fiftieth yeer of the reign of King Henry son of King John in the Vias of Saint Martin for the better estate of this Realm ef England and for the more speedy administration of justice as belongeth to the
to the contrary notwithstanding 7 R. 2. c. 11. Divers Ordinances and Statutes of Fishers of London and other Victuallers were made c. The same Ordinances and Statutes c. c. 13. The Statutes and Ordinances aforesaid 11 R. 2. c. 8. Any Statute Ordinance c. twice 13 R. 2. c. 7. That the said Justices be sworn to keep and put in execution all the Statutes and Ordinances touching their Offices c. 8. Statutes and Ordinances twice c. 9. As in the great Charter and all other good Statutes and Ordinances thereof made is more plainly contained c. As hath been another time ordained by Statute So in 14 R. 2. c. 11. 17 R. 2. c. 3. 21 R. 2. c. 12. 1 H. 4. c. 2 9. 2 H. 4. c. 4. 2 H. 4. c. 9 17. 4 H. 4. c. 3 16. 9 H. 4. c. 8. 13 H. 4. c. 3 6. 9 H. 5. parl. 2. c. 1. 1 H. 6. c. 2. 3 H. 6. c. 5. 6 H. 6. c. 5 8 9 17. 14 H. 6. c. 6. 20 H. 6. c. 8. 23 H. 6. c. 2. 31 H. 6. c. 7. 39 H. 6. c. 2. 3 E. 4. c. 5. 4 E. 4. c. 1 6 7. 7 E. 4. c. 1. 14 E. 4. c. 4. 17 E. 4. c. 1 6 7. 22 E. 4. c. 1. 1 H. 7. c. 7 8 9. 4 H. 7. c. 1 12 21 22. 7 H. 7. c. 3. 11 H. 7. c. 3 4 7 8 16. 19 H. 7. c. 13 22 23 we have the like conjunction of Ordinances and Statutes Statutes and Ordinances Ordinance and Statute which couple and use them still promiscuously as one By the Statutes of 8 H. 6. c. 5. 18 H. 6. c. 11. 12 E. 4. c. 6. 4 H. 7. c. 1. The Commissioners of Sewers are authorized to make Lawes Statutes and Ordinances In 15 H. 6. c. 6. 23 H. 6. c. 4. 7 E. 4. c. 1. 19 H. 7. c. 7. We read of Ordinances Rules and Statutes made by Fraternities Corporations and Companies in which they are used reciprocally as one and the same And as in all these Acts so in divers others in King Henry the eighth Edward the sixth Queen Mary Queen Elizabeth and King James which for brevity I omit we finde the like Therefore by all these numerous evidences it is cleer and undeniable that in all former Parliaments and Ages Statutes Acts and Ordinances were alwayes judged reputed one and the same not divers and made by the selfe-same authority and assent Thirdly I shall make this most apparent by sundry Statutes in print which expresly stile both generall Acts of Parliament and particular Statutes ORDINANCES AN ORDINANCE THIS ORDINANCE and yet call them likewise Statutes this Statute a Statute the Statute an Act of Parliament c. and likewise stile Ordinances Statutes Acts of Parliament c. For this you may peruse at leasure the Statute of Marlbridge 52. H. 3. c. 8. If it be found that the Sheriffe delivereth any contrary to this ORDINANCE he shall be grievously amerced therefore 13. E. 1. The Statutes of Merchants forecited 27. E. 1. An ORDINANCE of purchasing Liberties 33. E. 1. An ORDINANCE of Enquests and An ORDINANCE of the Forrest 34. E. 1. An ORDINANCE of measuring Lands An Ordinance for Bakers Brewers c. An Ordinance for Measures 14. E. 3. Parliament 1. c. 5. this ORDINANCE c. 9. Against this ORDINANCE thrice c. 12. This ORDINANCE c. 19. This Stablishment This ORDINANCE 15. E. 3. Parl. 1. c. 3. The Ordinance 18. E. 3. c. 4. This Ordinance twice c. 6 The said Ordinance 23. E. 3. c. 8. 25. E. 3. Par. 1. c. 4 6 8. Par. 4. c. 20. 27 E. 3. P. 2. c. 7 14 21. This Ordinance These Ordinances often 27 E. 3. Par. 3. The Ordinance of the fees of the Mayor and Constable of the Staple 28. E. 3. c. 10. 13. This Ordinance All the Ordinances made in the great Councell at Westminster c. shall be firmely holden and kept FOR A STATVTE TO ENDVRE FOR EVER 31. E. 3. Parliam 1. c. 7. Against the Ordinances Parl. 2. c. 2. This Ordinance These Ordinances Parl. 3. The Ordinance of Fish 34. E. 3. c. 21. Vpon the Ordinance of the Staple it was ordained c. 36. E. 3. c. 4. 13. 15. This Ordinance It is Ordained that this ORDINANCE and STATVTE of Pleading begin and hold place c. 37. E. 3. c. 1 3 5 6 12 13 14 15 19. This Ordinance often 38. E. 3. Parl. 1. c. 2 7. The said Ordinance often then Statute or ORDINANCE Parl. 2. c. 2 4 5. Ordinances good Ordinances This Ordinance c. sundry times 42. E. 3. c. 8. This Ordinance shall held place 43. E. 3. c. 2 4. This Ordinance Wee command thee that thou doe the said ORDINANCES to be cryed and published in the Cities c. 2. R. 2. Parl. 1. c. 1. Against this Ordinance Against this Statute 3. R. 2. Parl. 1. c. 3. This Ordinance twice 5. R. 2. Parl. 1. c. 3. Any thing forfeited against this Ordinance c. 4. Which Ordinanee shall be duely kept and put in execution This Ordinance of Wines shall begin to hold place as soone c. Against the forme of these Ordinances of Wines 6. R. 2. Parl. 1. c. 2. The said Ordinance First The said Statute afterwards c. 11. The Ordinance c. 13. No man shall henceforth ride in Harneis within this Realm contrary to the Statute of Northampton After that bear Harneis contrary to the Statutes Ordinances aforesaid c. 16. That these Ordinances be duly kept c. This Ordinance 13 R. 2. c 9. Ordinance oft c. 11. That this Ordinance begin to hold place 15 R. 2. c. 8 12. This Ordinance c. 16 R. 2. c. 6. This Ordinance 17 R. 2. c. 7. Ordinance 21 R. 2. c. 18. A convenient Ordinance 21 R. 2. c. 20. To repeal the Statutes or Ordinances first and then Statutes and Ordinances 1 H. 4. c. 7. This STATUTE OR ORDINANCE shall begin c. 8. This Ordinance and Statute shall hold place c. c. 9. Many other Statutes and Ordinances c. By force of the Ordinance and Statute aforesaid c. 10. Ordained by Staiute c. 15. This Ordinance twice 2 H. 4. c. 15. The said Ordinance and Statute c. 22. The same Ordinance The said Ordinance The Ordinances aforesaid 4 H. 4. c. 17. This Statute and Ordinance shall hold place for ever To hold keep observe and preserve the Statute and Ordinance aforesaid c. 18. This Ordinance 6 H. 4. c. 4. The said Ordinance thrice 13 H. 4. c. 2 3. Statute or Ordinance This Statute The same Ordinance The said Statutes and Ordinances be very profitable c. That the said Statutes be holden and kept c. 6. The Statutes and Ordinances c. That the same Statutes he firmly holden and kept c. c. 7. Any Article or Ordinance 1 H. 5. c. 2. The Statutes made c. That the said Statutes and Ordinances be surely holden and kept c. c. 5. This Ordinance shall begin c. 7. The
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.
if they have no Chattels that they shall be imprisoned for two yeers without being let to mainprize or Bail or other manner whatsoever without speciall command of the King and that then upon their deliverance they shall find surety sufficient upon a certain pein for their good behaviour towards the King and his people Answ The King willeth and commands by assent of the Lords temporall that they shall have such power as they had by the last Commission that they shall have speciall power to hear and determine concerning the death of a man and of Extortions and of those who ride armed or with force and in routs beyond the Peace and in affray of the people and of those who lye in wait for people to maim or kill them and of those who use Hats or other liveries to incite by confederacy or to make maintainance against the defence and form of the Statutes and * Ordinances heretofore made Provided alwayes that in difficulties concerning Extortions one of the King's Justices of the one Bench or other or of the Justices assigned to take Assizes at least shall be present before they proceed to judgement in this behalf And as to the forfeiture and penalties demanded the King will be advised But he willeth that the Lawes before used in such case be put in due execution And it is to be remembred that the Prelates and the Clergy made their Protestation in this Parliament expresly upon this new grant to hear and determine Extortions that it is not as yet passed neither shall ever passe by their assent or will to the blemishing of the liberty of holy Church nor otherwise would they give their assent unlesse it might be done in times to come as it hath been duly done and used before this times To which was replied by our Lord the King That the King neither for their Protestation nor other their words in this behalf would forbear to make his Justices in this case and in all others to do as they had used to do in times past and as he is bound to do by vertue of his Oath made at his Coronation Numb. 39. Item That the Justices assigned for to keep the Peace shall keep their Sessions according to the Statute and that every Justice shall have for his Wages for every day that they hold their Sessions half a Mark and their Clerk two shillings out of the fines and amercements as well within franchize as without arising in their Sessions and that the Justices upon the Articles aforesaid may be chosen by the Lords and Knights of Shires in this present Parliament that is to say eight persons at the most of the most sufficient Knights and Esquires in every County of which two shall be skilfull in the Law without making * any association to them hereafter by any way And that the same Justices at every quarter of the yeer shall cause to be delivered to the Sheriffs of their Counties their Estreats of Fines Issues and Amercements above-named by Indenture and that the said Sheriffs may have warrant by Writ to pay the said Justices their foresaid Wages from Session to Session taking acquitances to the said Sheriffs under the seal of the said Justices for the wch due allowance shall be made to the said Sheriffs in the Exchequer upon their accompt and that the other part of the said Indenture sealed under the seals of the said Justices and Sheriffs shall be sent into the Exchequer for to charge the Sheriff to Ievy that which shall be arrear above the Wages aforesaid to the use of our Lord the King And that Proclamation may be made of the Statutes and * Ordinances aforesaid twice every yeer at the comming of the Justices of Assize into the Country and in case there be no comming of the said Justices into the Country or that it be delayed so as the Assizes do not hold that then Proclamation shall be made of the said Statutes and * Ordinances at the fullest County-Court that shall be held and in Towns Fairs and Markets as it shall seem best unto the said Justices Answ As to the wages of the said Justices it is assented that a Knight shall take four shillings an Esquire two shillings and their Clerk one shilling for every day which they shall hold their Sessions onely out of the issues of the said Esireates in the form as is demanded and the said Justices shall hold their Sessions four times a yeer in every County and every time two or three dayes together according as the County is greater or smaller and according as the said Justices shall have businesse before them so as these their quarter Sessions shall be holden every yeer throughout all and every part of every County but not more often then is aforesaid unlesse there be necessary cause which requires more hasty remedy And the King our Lord willeth that the Sheriffs of every County shall be commanded to make the said Proclamation in full County at the command of the said Justices once or twice in a yeer And as to the Indentures and manner of paying of the Wages aforesaid it pleaseth the King that it be done in manner as is demanded And as concerning the number and names of the said Justices delivered before in Parliament in writing the King our Lord will advise And as to this that the same Justices may have the said power to hear and determine the death of a man and the other things aforesaid Let them be sworn to do every one right in such manner as the Justices of the King are on their part sworn and make oath After which I find Num. 40. A Declaration made upon the Power given to Justices of the Peace of which there is a certain Act enrolled in the Roll of the Parliament An. 3. in form as followeth And it is to be remembred that in Easter Term next after the end of this Parliament the Lords temporall assembled at Westminster in a great Counsell there held caused there again to be read before them the enrolment of the * Ordinance made this Parliament touching the power of the Justices of the Peace in the presence of the Lord Despaign the Chancellour Treasurer and of all the Justices and there the said Lords temporall made a Declaration of the power of Justices of Peace aforesaid for they there said that their intent was in the said Parliament although it was not cleerly enrolled at that time that among other Articles and Points the same Lustices of the Peace should have power to hear and determine all manner of Extoritions as well at the suit of the King as of the party and of certain other Articles comprized in the said power they should likewise make a Declaration and thereupon there was a certain Note made of the Commission by advice of all the Justices of our Lord the King as well of the one Bench as of the other there present and this
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
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 â—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 intâ—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