Selected quad for the lemma: state_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
state_n	king_n	lord_n	privy_a	1,130	5	10.1228	5	false

Text snippets containing the quad

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

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

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 infrin●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. ●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 aliàs 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