Selected quad for the lemma: england_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
england_n	earl_n	lord_n	sir_n	21,670	5	6.9416	4	true

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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

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