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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

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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
Commons by themselves to treat and aduise and to report their advice on Saturday next ensuing At which day the Knights of the Counties and the other Commons delivered their advice in form as followeth Num. 11. Most excellent and most honourable Lord the people of your Commonalty recommend themselves to you obediently and thank you here openly as much as their meannesse will suffer for that so tenderly you undertake to maintain the peace and the quiet of your people and it seems to them that it will be a good and sure thing for the chastisement of evil and salvation and ayde of good people that certain Justices should be chosen now at this Parliament by assent of the great men and of the Commons and that the said Justices shall be sworn now at this Parliament before the Peers of the Land and the Commons and in their Sessions per eugyn ne nul home ne soit susduit that no man may be seduced or over-reached by craft mes mesnes per deiu bone foy but treated by due and good faith and the good Laws in these times used to hear and determine felonies trespasses conspiracies consederacies and evil maintenance and that Commissions may be made to the Justices so chosen to go to the Counties where it shall be h best or needfullest and that the parts of their Commissions aforesaid shall be shewen to the Peeres of the Land who have the Lawes under you to maintain and to the Commons before that the Commissions be sealed or in any point used and if they shall advise that this thing shall be pleasing to God and to the honour and the salvation of your people in maintenance of other Lawes made at other Parliaments before these times your poore Commons if you please to grant it do thereto agree And it seemes to the said Commons that all other things may be sufficiently ordered or determined in the Kings Bench Common Pleas and before Justices of Assise so as delayes not covenable may be aggregez redressed or removed now in this Parliament by Statute But because that it was advised to our Lord the King and to the Prelates and great men who were neere him in his Parliament that it was convenient more expresly to make mention of the Articles of which the Justices who shall be assigned in the Counties ought for the cause aforesaid to inquire they redelivered to the Knights and Commons aforesaid some Articles which were ordained by the Prelates and great men themselves for them to advise of and give their assent the which Articles ensue in forme underwritten It seemes good that Justices shall be assigned to inquire heare and determine the points underwritten for the profit of the Realme and for keeping the Peace and maintaining the Law First to inquire of all manners of Felonies and Trespasses done against the Peace Item of all manner of Conspiracies Confederacies Champerties Ambodexters of maintainers of Malefactors and of false quarrels and of all other falsities done in deceit of the Law Item to inquire of all chatles of felons and fugitives belonging to the King after the yeere c. and to whom they are delivered and for what value and whether they be worth more or lesse and to cause the said Chattles to be levied to the use of the King Item of Wools Woolfels and Hides and other Merchandizes customable not customed nor cocketted nor well weighed or conveyed out of the realme of England Item of false money brought within the Realme Item of Wools bought within the County of Notingham and of those who have mesnez carried away their proper Wools in anothers name contrary to the Defence and i Ordinances made concerning it Item of Arms Victuals and other Goods and Merchandizes carried to the enemies of Scotland and others Item of those who were Collectors of the Ninths and collected more which they have not answered to the King Item of those who were assigned of Commission for the businesses of the King and the Realm and take gifts and let the said business●s perish in deceit of the King and of the people Item of Assessors and Collectors of Wools and their Vnder-Collectors Clerks and Deputies who have not at all answered to the King that which they have received and also of those who collect the good Wools and sell them and buy others feables that are worse for to deliver to the King and also of those which take money in lieu of Wools and buy feable or course Wools of lesse price for to deliver to the King and the remnant of the said monies retain to their proper use Item of Customers Searchers Controllers and of all other Ministers of the King how they have carried themselves in their Offices Item of those who take Fees Rents or Pensions of Malefactors for to maintain and avow them in their misdoings there where they hold not Lands nor Goods of them for which they ought to pay such rents as well in Wales as in England Item of those who take people and carry away and detain them till they have made a ransom at their will Item of those who by force or menace disturb the Justices of our Lord the King and all other Ministers going through the Country in their Sessions so that they cannot do right nor the people follow their right The which Articles being seen and examined by the said Commons they assented That good and loyall Justices should be assigned to hear and determine those things contained in these Articles for the profit of our Lord the King and his people Item to enquire of Lands and Tenements amortized by religious people or others against the form of the Statute made without license if they have purchased nothing more then that which is contained In their license or of greater value and also of the Tenements which are held of the King in chief Ibidem n. 41. Item pray the said Commons That it would please our Lord the King to ordain convenient wages for the Iustices assigned in divers Counties so as they may not endeavour to take any thing of those who have businesse before them Answ It pleaseth the King that it shall be so and the Chancellour and Treasurer shall ordain a convenient sum for them by which they may do it Ibid. n. 42. Item pray the said Commons that no Sheriff nor Steward of great men who have franchizes shall be associated to the Iustices which shall be now chosen to hear and determine fellonies and trespasses and other poynts ordained and assented nor Iustices of Goal-delivery but lawfull people of the County and of good fame shall be associated to them and that the same Iustices which shall be chosen shall be sworn That they will use their Commission without hardship or cruelty for to please the King but also as it shall be most pleasing to God and agreeable to good Law and good faith and that their Sessions shall be ordained in seisons out of
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