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
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
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
IRENARCHES REDIVIVVS 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 Vtility 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 Antiguity 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. EXODUS 18. 21 22. Thou shalt provide out of all the people able men such as feare God men of truth hating covetousnesse and place such over them to be Rulers of thousands and Rulers of hundreds and Rulers of fifties and Rulers of tens and let them judge them at all times JOSH. 24. 25. So Joshua made a Covenant with the people that day and set them a STATUTE and an ORDINANCE in Sechem LONDON Printed for Michael Spark at the Bible in Green-Arbor 1648. To the READER COurteous Reader I here present thee with a briefe collection of some concealed usefull Records Petitions and Acts of Parliament not hitherto Printed and almost quite buried in oblivion concerning Justices of the Peace not altogether unworthy thy knowledge and consideration together with some deductions from them and a concise Refutation of Sir * Edward Cookes and others received mistaken difference between Acts and Ordinances of Parliament in preceding Ages who neither knew nor made any such distinction between them as is now beleeved My sole ayme and intention in reviving and publishing them is thy information and the common good and settlement which ignorant or wilfull mistaks have much interrupted If thou receive any New light or benefit by them give God the glory and let the Author onely enjoy thy favourable acceptance of this weake publicke service for thine and his Countries welfare to which he hath devoted most of his time and studies And so much the rather to excite and encourage others especially Inne of Court Gentlemen whose industry and study of the Records Laws Statuts of the Realm is much declined of late yeers to apply their minds and studies principally not to meer private gainfull lucubrations but to subjects of most publike concernment and best advantage to the Republike to prevent the introducing of Tyranny Anarchy Arbitrary Government or any destructive Encroachments upon the peoples Liberties our Lawes in this present or succeeding ages by any Powers whatsoever which will inevitably creepe in upon us by degrees if the study of the Records Laws of the Realm be either discontinued neglected obstructed or the ordinary course of Law and Justice altered or interrupted by any new arbitrary Ordinances or proceedings before new-erected Committees which our Ancestors in former Parliaments never heard of nor transmitted to posterity Farewell Irenarches Redivivus OR A brief COLLECTION c. THE institution of Justices of Peace in every County and City of the Realm being as Sir a Edward Cook asserts such a form of subordinate Government as no part of the Christian world hath the like if it be duly executed I conceived it neither unseasonable nor unprofitable to publish to the world some Records Acts and Petitions of Parliament concerning the Nomination Constitution Jurisdiction Commission Office Oath and against the undue arbitrary dislocation of Justices of the Peace not hitherto published in print by any who have written of this subject with some brief observations thereupon necessary for our present times which pretend so much to an exact reformation of all corruptions both in Church and State What Lawes have been made in this our Realm for the punishment of Violaters and infrinâ—ers of the Peace before the Conquest you may read in the b Lawes of King Ine cap. 6. 46. in the Lawes of King Alured cap. â—5 21 34 36. and others What care forreign Princes and States have anciently taken to preserve the peace of their Kingdoms to punish Malefactors and Disturbers of it and by what penalties and Officers those who please may inform themselves by perusing Capitularia Caroli Ludovici Imp. lib. 1. cap. 61. lib. 2. cap. 11 12 c. lib. 3. cap. 1 4 22 23 25 26 27 44 to 51. Addit Lud. 4 Tit. 26. 3 Tit. 15 63. c Leges Wisigothorum lib. 2 6 7 8 9. Leges Burgundiorum Lex 9 10 11 12 25 26 27 33 37 41 70 71 80 89. Legis Burgundiorum Additamentum primum Tit. 4 5 6 7 10. Leges Salicae Tit. 2. to 69. Leges Alemannorum c. 40. to 99. Leges Bajuvariorum Tit. 2 7 to 19. Leges Ripuariorum c. 1 to 55. Leges Saxonum Tit. 1 2 3 4 5 9 10 11 15. Leges Angliorum Tit. 1 to 11 14 16. Leges Frisionum Tit. 1 4 5. 12 13 19 20 21. Adtidio Sapientum cap. 1 to 9. Leges Longobardorum lib. 1. lib. 2. cap. 46 58. Constitutionum Sicularum lib. 1. cap. 1 9 to 30 37 41. lib. 2. cap. 1 to 8. lib. 3. cap. 37 to 80. which for brevity sake I can but mention Onely I cannot pretermit how I finde the very Title and Office of an Assertor or Justice of the Peace thus expressed and described among the ancient Lawes of the Wisigoths first composed by King Theodoricus about the yeer of our Lord 437. d lib. 2. cap. 16. Omnium negotiorum causas ita judices habeant deputatas ut criminalia cetera negotia terminandi sit illis concessa licentia PACIS AUTEM ASSERTORES non alià s derimant causas nist quas illis Regia deputaverit ordinandi potestas PACIS AUTEM ASSERTORES SUNT qui sola faciendae pacis intentione Regali sola destinantur auctoritate And cap. 26. Quoniam negotiorum remedia multimodae diversitatis compendio gaudent ideo Dux Comes Vicarius PACIS ASSERTOR Tyuphadus Millenarius Centenarius Decanus Defensor Numerarius qui ex Regia jussione aut etiam ex consensu partium judices in negotiis eliguntur sive cujuscunque ordinis omnino persona cui debitè judicare conceditur ita omnes in quantum judicandi potestatem acceperint JUDICIS NOMINE CENSEANTUR EX LEGE ut sicut judicii acceperint jura ita Legum sustineant five commoda sive dampna By which it is apparent that Justices and Assertors of the Peace were in ancient times a speciall and peculiar Office among the Wisigoths authorized by Commissions from their Kings to hear and determine matters of the Peace according to the Lawes and that they were comprized
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
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 businessâ—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
diem loca quos vos quinque quatuor tres vel duo vestrum ei scire fac venire fac coram uobis quinque c. duobus vestrum tot tales probos legales Homines de Balliva sua tà m infra libertates quam extra per quos rei ueritas in praemissis melius sciri poterit inquiri insuper vobis cuilibet vestrum super salva custodia Pacts ‖ Statutorum praedictorum intendat pareat quando prout per vos vel aliquem vestrum fuerit super hoc exparte nostra rationabiliter praemunitus vos praefatus A. ad certos dies loca per vos dictos socios vestros super hoc praefigend-processus indictamenta praedicta coram vobis praedictis sociis vestris venire fac ea inspiciatis debito fine terminatis sicut praedictum est In cujus c. Teste Rege apud West 26. die Maii. Per ipsum Regem Consilium The COMMISSION for administring the Oath to Justices of Peace REX Vicecomiti c. Salutem Quasdam literas nostras Patentes per quas certos Legeos nostros ad Pacem nostram in Comtuo conservand ad quaedam alia in eisdem literis contenta faciend exequend assignavimus tibi mittimus per praesentium portatorem Mandantes districtius quo poterinius injungendo quod statim visis praesentibus quibuscunque dilatione excusatione postpositis tot personas de eodem sic per nos assignatas quot inde infra Ballivam tuam invenire poteris ad certos diem locum eis per te ad hoc in prox statuend praefigend coram te sine dilatione venire fac capto Sacramento eorundem juxta formam cujusdam cedulae praesentibus inclusae eisdem sic juratis literas nostras praedictas liberari facias indilate dicens injungens eisdem ex parte nostra quod ipsi non permittant sicut non est intentionis nostrae nec omnino volumus quod aliquis dictorum sic assignatorum se inde in aliquo intromittat seu auctoritatem in hac parte virtute literarum praedictarum habeat aliqualem nec vadia ad hoc ordinata accipiat seu ei ut Justic. nostro tu vel aliquis alius intendens sis aut sit quovis modo nisi prius ad hoc juratus fuerit in forma praedicta Et qualiter praesens mandatum nostrum fueris executus ac de nominibus coram te sic juratorum Nos in Cancellaria nostra cum ea celeritate qua fieri poterit sub sigillo tuo districtè apertè certificando It a quod pro captione sacramentorum aliorum sic assignatorum si qui remanserint non jurati debitè prout convenit ordinare poterimus hoc sicut gravem indignationem nostram evitare volueris nullatenus ommittas Teste Rege apud Westm. 27. die Maii. The OATH of a Justice of Peace YOV shall swear that well and lawfully you shall serve the King in the Office of a Guardian of the Peace and of a Justice of Artificers Labourers Weights and Measures and to hear and determine the wrongs and grievances done to the King and to his people and of all other things whatsoever comprized more fully in the Commission to you and other your companions made according to your skill and power You shall do full right to all as well to the poor as the rich neither for honour favour friendship nor estate of any person nor for benefit given or promised or which may or shall be done to you in times to come nor otherwise by art or engine whatsoever shall you deny respit or delay right to any against reason nor contrary to the Lawes Statutes a Ordinances and Customs aforesaid the Counsel of the King touching those who shall be indicted before you you shall conceal and also shall compell the Juries and Enquests to conceal it on their part lawfully and all the Records and Proces which shall be made before you you shall cause to be put in sure and good custedy and the estreats of Fines and Americiaments and other Profits which unto the King appertain you shall cause entirely to be put in writing indented from time to time whereof one part you shall cause to be delivered to the Sheriffe of the County and the other part you shall cause to be sent safely into the King's Exchequer for to charge the Sheriff there upon his accompt and all the Writs which shall come to you under the King's great Seal you shall serve and cause to be executed without delay and that you shall not take nor receive any Clerk unto you for to write or keep the Records and Proces aforesaid if be be not first sworn before you to keep the King's councell and to do and perform well and lawfully on his part whatsoever belongeth to his Office and Degree in this behalf So God me ayd and his Saints To these I shall adde 21 E. 3. rot Parl. n. 4. where the King upon the Petition of the Commons against divers extortions and grievances done to the people by Colleciors of Wools and of other Taxes and Tallages to the great destruction of the people whereof they pray remedy for God's sake Gives this Answer The King is pleased that those who shall be assigned Justices of the Peace and to enquire of false Monies shall likewise enquire of the things contained in this Article and shall do right concerning the things which are therein contained In the Parliament of 29 E. 3. n. 19. Item Whereas it was lately ordained by Statute that there shall be one Measure and one Weight throughout the Land that is to say the King's Standard that the Justices of Labourers in all the Counties may have power to hear and determine and punish those who come against this Statute To which the King answered Let the Statute thereof made be held and kept in all poynts so as covenable and sage Justices may be assigned at what time it shall be best to enquire hear and determine upon the point and that these Justices nor the Iustices of Labourers shall not make Deputies under them nor that no Sheriff Coronor nor none of their Ministers shall henceforth be assigned Iustices in no Commission Numb. 20. Item Whereas before these times divers Commissions have been made to Sheriffs Constables of Castles and to Keepers of Goals and Prisons to enquire of Trespasse Felonies and other Articles for which the people are imprisonable by colour of which Commissions the said Sheriffs Constables and Keepers feign inditements and that the people are indited before them and they take the people and imprison them untill they have made fines to the said keepers of Goals and of Prisons for is have suit also to the Sheriffs for to be bailed to the great dammage of the Commons wherefore they pray
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
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 â—c 2. 3. Spelmanâ—i Concâ—â— p. 182. 183. â—68 â—69 370 373. 374 c See Fredericus Lindebrogus Codex leguÌ„ Antiquarum d Fredericus Lindobrogus Codex Legum Antiquarum p. 19 35. e Fred. brogus â— 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 â— 6. c. 11. See Exod. 18. 21. b 2 Chron. 19. 11. Ezr. 10. 4. Jâ—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 â— 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 asâ—â—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. â— 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