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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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receipts disbursments and malicious vindictive injurious actions to the publike prejudice and the peoples generall grievance oppression and discontent Sixtly to induce the Houses of Parliament to conform all their future new Ordinances and the execution of them as neer as possible to the forms and rules of Law and to be very carefull of setting up any such new Ordinances without inevitable necessity and generall inconveniences of dangerous sequell to repeal controle or give checkmate to the fundamentall known Lawes and Statutes of the Realm or stop the current of the common Law and publike justice it being an abuse a usurpation of very dangerous and pernicious consequence contrary to many Declarations and Remonstrances of both Houses and the very tenour of the solemn League and Covenant wherein they have solemnly engaged all three Kingdoms The bitter fruits of such destructive Ordinances we may chance to taste of and bewail when it is too late such arbitrary and illegall Ordinances wanting pure mettal as well as the Royall impresse will in conclusion but betray endanger the Coyners of them and be branded rejected for counterfeit Coyn when brought unto the test Liberavi animam meam I shall adde no more but recommend these brief Collections to Gods blessing and the unprejudiced Readers kind acceptation FINIS ERRATA Page 2. line 12. read Additio p. 14. l. 4. Item p. 16. l. 17. Justices p. 19. l. 9. ierint p. 20. l. 2. terminand l. 16. transgressiones p. 21. l. 33. omittas p. 2. l. 30. n. 54. p. 28. l. 35. notable * 4. Instit. p. 25. a 4. Instit c. 31. p. 170. b Lambord Archaion Hire ●c 2. 3. Spelman●i Conc●● p. 182. 183. ●68 ●69 370 373. 374 c See Fredericus Lindebrogus Codex legū Antiquarum d Fredericus Lindobrogus Codex Legum Antiquarum p. 19 35. e Fred. brogus ● Legum pa 704 c. See Scapnlae Lexicon pag. 1770. f 4. Instit. c. 31 p. 176. * Daltons Justice of Peace Spelmanni Glossarium p. 407. Minshews Dictionary g Therefore the Houses were then severall and their consultations too h Ou miestra serra i Ordinances in the Parliament stile of those times were nothing else but Statutes and Acts of parliament See 11 E 3. c. 1. 14 E. 3 c. 21. 18 E. 3. c. 3 Stat. 2. Nota. Nota. Nota. Nota. * Statutes and Ordinances of Parliament were then both one Nota. Nota. * See 12 R. 2. c. 10. according Lerewith * Ordinances and Statutes then were one and the same * Both joyned together as one * An Ordinance and Act of Parliament was then the same thing * Ordinances and Statutes both one * Ordinances here coupled together with Acts as one and the same * Ordinances still coupled with and put before Statutes * Ordinances and Statutes still conjoyned as one * Ordinances and Statutes still coupled together ‖ Ordinances yea Ordinances and Statutes in former clauses are here called Statutes only which proves them to be but one and the same a Ordinances and Statutes the same Note a 8 E. 3 n. 2 4 6. 13 E. 3. par 1. n. 10. a 18 E. 3. c. 2 34 E. 3. c. 1. 2 H 5 c. 1. 18 ● 6. c. 11. See Exod. 18. 21. b 2 Chron. 19. 11. Ezr. 10. 4. J●sh 1. 7. 1 Chron. 22. 13 c 18 H. 6. c. 11 2 R. 2. n. 50. d Exod. 18. 21 2 Sam 23 3. 2 Chron. 19 7. e See 4 H. 7. c. 12 8 H. 6. n. 69. f 13 R. 2. c. 7. 2 H. 5. c. 1. par 2. 18 H. 6. c. 11. g 28 H 6. c. 11 h 4 H. 7. c. 12. i 13 R. 2. c. 7. 8 R. 2. Dors. Claus. n. 5. Co. 4 Instit. p. 176 k 1 R. 2. n. 89. 51 E. 3. n. 59. l 2 H. 5. c. 4. 2 H. 5. Parl. 2. c. 1. 1 Mariae c. 8. Sess. o. 2. m See Sir James Baggs Case Co. 11. Rep. 93 c. and Master Estwicks case 23. Car. B. R. n 18 E. 3. c. 2 34. 6 E. 3. c. 1. 13 R. 2. c. 7. 2 H. 5. c. 4. 18 H. 6. c. 11. 8 E. 3. n. 2. o 14 R. 2. c. 11. * 8 E. 3. n. 9. 15 E. 3. n. 24. 46 E. 3. n. 36. 50 E. 3. n 75. p See 20 E. 3. n 35. 38. 7 H. 8 Kelway 1 84. 8 7 R. 2. c. 12. 20 E. 3. c 9. Cromptons Jurisdiction of Courts ● 19. q 4 Instit. p. 25 a Therefore the threefold assent was then necessary to Ordinances as well as Statutes b Sir Edward Cook mistakes an Ordinance of State for an Ordinance of Parliament which had always the three fold as●●ut c See 21 E. 3. n. 43 46 47 52. r 2 Instit. p. 101 102. a See 1 H. 8. c. 1. a See 46 E. 3. n. 13 14. 21 E 3. n. 6 18 37 60. 5 H. 4. n. ● 45. a 39 E. 3. 7. 8 H. 4. 12 13 14 20. 9 H. 4. 1. Br. Parl. 11. b So Ordinatum est per Curiam is the usuall form of entries in most Courts of Record a See my Soveraign Power of Parliaments and Kingdoms
5 H. 4. c. 2 to 15. 6 H. 4. c. 1 2 3 4. 6 H. 4. c. 2 to 18. 9 H. 4. c. 2 to 8. 11 H. 4. c. 1 to 9. 13 H. 4. c. 3 4 5 6 7. 1 H. 5. c. 1 to 11. 2 H. 5. c. 1 to 10. 3 H. 5. parl. 2. c. 3 to 9. 4 H. 5. c. 4 5 6. 8 H. 5. c. 2 3. 9 H. 5. c. 2 3 to 13. 9 H. 5. Parl. 2. c. 1 2 7 9 10. 1 H. 6. c. 1 to 6. 2 H. 6. c. 2 to 15. 3 H. 6. c. 1 to 6 4 H 6. c. 2 3 6. 6 H. 6. c. 1 to 6. 8 H. 6. c. 1 to 30. 9 H. 6. c. 2 to 11. 10 H. 6. c. 2 to 8. And to cite no more in so plain a case almost every Statute since 10 H. 6. till this very day retains this very form of words It is or Be it ordained c. from whence the word Ordinance is derived And therefore Acts and Ordinances of Parliament in proper speech and use must necessarily be one and the same the word b ORDINARI and no other word of enacting Laws but it being used and inserted into the very Writs of Elections and Summons to the Parliament as I have formerly observed the cause it is so frequent and still retained in our Statutes and Acts of Parliament till this very day Finally if all these authorities and reasons from our own printed Statutes be not sufficient to prove Statutes and Ordinances of Parliament in all former times both one and the same I shall unanswerably evince and cleer it by divine Authorities out of the unerring word of truth which resolves AN ORDINANCE LAW STATUTE to be all one couples ORDINANCES AND LAWES usually together as one takes them promiscuously one for another and useth the word ORDAIN as the proper term in enacting divine as well as humane Lawes as these 〈◊〉 Texts will manifest which those who desire satisfaction herein may peruse at their leisure Exodus 12. 14 24 43. chap. 13. 10. chap. 15. 25 chap. 18. 20. Leviticus 18. 3 4 30. chap. 22. 9. Numbers 9. 12 14 chap. 10. 8. chap. 15. 15. chap. 18. 8. chap. 19. 2. Joshua 24. 25. 1 ●am. 30. 25. 2 Chron. 2. 4. chap. 33. 8. chap. 35. 13 25. 2 Kings 17. 34 37 Ezra 3. 10. Nehemiah 9. 32. Job 38. 33. Psalm 99. 7. 119. 91 Isaiah 24. 5. chap. 52. 8. chap. 58. 2. Jeremiah 31. 35 36. chap. 33. 25 Ezekiel 11. 20. chap. 43. 11 18. chap. 44. 5. chap. 45. 14. chap. 46. 14 Malachi 3. 7 14. Luke 1. 6. Romanes 13. 2. 1 Cor. 11. 2. Ephestans 2. 15. Colossians 2. 14 20. Hebrews 9. 1 10. 1 Peter 2. 13. Numbers 28. 6. 1 Kings 12. 32 33. 2 Chron. 23. 18. Esther 9. 27. Psalm 81 5. Daniel 2. 24. Acts 16. 4. Romanes 7. 10. chap. 13. 1. Galathians 3. 19. 1 Cor. 7. 17. Hebrews 9. 6. compared together I have taken thus much pains in an untrodden path to prove Statutes Acts and Ordinances of Parliament to be always anciently really one and the self-same made by consent of the King Lords and Commons joyntly not of Lords and Commons alone without the King or by King Commons without the Lords not any wayes to invalid or impeach any late good and absolutely necessary Ordinances of Parliament which the exegences of our unhappy distracted times have enforced the houses to passe without the King's consent being absent from and in Arms against them for their own and the a Kingdoms preservation or any Ordinances for the necessary reformation or punishment of any generall grievances or abuses according to Law or preventing any publike mischiefs in a regular manner by way of Declaration or assisting of the common Law Salus populi Reipublicae being suprema Lex and extraordinary Remedies to be prescribed by the Houses in such extraordinary cases and exigencies when ordinary can finde no place at all but for these ensuing reasons First to refute the commonly received errour of these times and of some pretended Grandees of the Law That Acts and Ordinances of Parliament in former ages were distinct and different things not one and the same and that the royall assent was then held onely necessary to Acts but not to Ordinances of Parliament for which there is not any one single pregnant convincing president extant to my knowledge in any Parliament Rolls or printed Acts which errour hath been principally propagated by Sir Edw. Cooks venerable authority and assertion in his 4 Instit. p. 25. whose misallegations and mistakes are too frequently embraced for Oracles of truth for want of due examination Secondly to abate the excessive fees now taken by Officers in both Houses of Parliament for private Ordinances as high or higher for the most part as the ancient or late Fees for private Acts of Parliament which had the Royall assent a great grievance and oppression to the Subject generally complained of fit to be examined and redressed in these reforming times when private Ordinances and exactions for them are so frequent without any president in former Parliaments to warrant such new excessive Fees Thirdly to perswade and induce the Members of both Houses of Parliament not to multiply these new kind of Parliamentary Ordinances destitute of Royall assent and the peoples generall approbation in full Parliament to the impeachment or infringement of any ancient Ordinances still in force the Statutes or common Law of the Realm the invasion of the peoples undoubted Liberties Rights or Proprieties which they have so long fought for and dearly purchafed with the expence of so much treasure and blood or to the inveagling of the consciences of Judges or Lawyers contrary to their Oaths and Duties Fourthly to advise both Houses to turn all their former and future necessary usefull Ordinances into Acts of Parliament and to presse the King's Royall assent to them in their expected approaching personall Treaty with his Majesty for the greater indemnity and security of those who have acted on or received or enjoy any monies lands offices or emoluments by them to avoyd all questions and scruples in succeeding Parliaments and Ages Fiftly to admonish Committees of all sorts not to rack or strain any new Ordinances wanting the threefold assent especially such as are penall beyond their Letter or true intention to the Subjects oppression who had many times no legall notice of them an int●lerable common grievance contrary to the ordinary rules of justice and the Houses primitive purposes on whom sundry Committees and their under-Officers extravagancies in this kind have drawn much hatred and scandall the sad effects whereof begin now visibly to appear in the late insurrections and distempers of the people in sundry Counties and hatred of Committee-men which will hardly be cordially pacified or allayed but by the speedy suppression of all such arbitrary lawlesse Committees and Officers and calling them to a strict and just accompt both for their