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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

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 quàm 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

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

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

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