Irenarches' rediviws. OR, A brief Collection of sundry useful and necessary Statutes and Petitions in PARLIAMENT (not hitherto published in Print, but extant only in the Parliament Rolls) concerning the Necessity, utility, Institution, Qualification, Jurisdiction, Office, Commission, Oath, and against the causeless, clandestine discommissioning of JUSTICES OF PEACE; fit to be publicly 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 foreign kingdoms. TOGETHER With a full Refutation of Sir Edward Cook's assertion, and the commonly received erroneous opinion, of a Difference between Ordinances and Acts of PARLIAMENT in former AGES; here clearly 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-inn, Esq. EXODUS 18. 21, 22. Thou shalt provide out of all the people, able men, such as fear God, men of truth, hating covetousness, 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 brief collection of some concealed useful 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 * 4. Instit. p. 25. Edward cooks 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 believed. My sole aim and intention in reviving and publishing them, is, thy information, and the common good and settlement, which ignorant or wilful mistaks have much interrupted. If thou receive any New light or benefit by them, give God the glory, and let the Author only enjoy thy favourable acceptance of this weak public service for thine and his country's welfare, to which he hath devoted most of his time and studies. And so much the rather, to excite and encourage others (especially inn, of Court Gentlemen, whose industry and study of the Records, Laws & statutes of the Realm, is much declined of late years) to apply their minds and studies principally, not to mere private gainful lucubrations, but to subjects of most public concernment, and best advantage to the republic; to prevent the introducing of Tyranny, Anarchy, Arbitrary Government, or any destructive Encroachments upon the people's Liberties & our laws, in this present or sueceeding ages, by any Powers whatsoever; which will inevitably creep 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 4. Instit c. 31. p. 170. 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 laws have been made in this our Realm, for the punishment of violators and infringers of the Peace, before the Conquest, you may read in the b Lambord Archaion, & Hire. ●c. 2. 3. Spelman●i Conc●● p. 182. 183. ●68. ●69 370 373. 374 laws of King Ine, cap. 6. 46. in the laws of King Alured, cap. ●5, 21, 34, 36. and others; What care foreign 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 See Fredericus Lindebrogus, Codex legum Antiquarum. 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: only I cannot pretermit, how I find the very Title and Office of an Assertor, or Justice of the Peace, thus expressed and described among the ancient laws of the Wisigoths, (first composed by King Theodoricus about the year of our Lord 437.) d Fredericus Lindobrogus Codex Legum Antiquarum, p. 19 35. 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 special and peculiar Office among the Wisigoths, authorized by Commissions from their Kings, to hear and determine matters of the Peace, according to the laws; and that they were comprised under, and honoured with the Title of Judges, by the laws of that Nation. To which I shall further add, that among the e Fred. brogus. ● Legum. pa: 704 &c. Siculan or Neapolitan laws, compiled by the Emperor Frederick the second, about the year 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 parallel 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 inferior rank, when they took their Places. Vt Deum & Justitiam babendo prae oculis, Vnicuique justitiam faciant fine fraud; & 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 general Inquiries throughout their several 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 See Scapnlae Lexicon, pag. 1770. 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 material: f 4. Instit. c. 31 p. 176. Sir Edward Cook informs us, that in Ester Term, 6 E. 1. Coram Rege; was the first institution of Justices for the conservation of the Peace: others deem them more ancient, and many * Dalton's Justice of Peace. Spelmanni Glossarium, p. 407. Minshew's Dictionary. 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 point, 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 King's command, declared, That this Parliament was called as well to redress the breach of the Law and Peace, as for the King's going to the Holy Land; for which end he desired their council 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 council 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 Beaumont, 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 inquire 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 remembered, 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 chancellor proposed on the behalf of our Lord the King, how the King upon his return out of Britain, 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 sovereignly, That the Law should have its equal 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 council 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 equal 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 Therefore the Houses were then several, and their consultations too. Commons by themselves, to treat and advise, 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 meanness 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 aid 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 overreached) 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, confederacies and evil maintenance: and that Commissions may be made to the Justices so chosen, to go to the Counties where it shall be h Ou miestra serra. best (or needfullest) and that the parts of their Commissions aforesaid shall be shown to the peers of the Land (who have the laws 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 laws made at other Parliaments before these times, your poor Commons, if you please to grant it, do thereto agree. And it seems to the said Commons that all other things may be sufficiently ordered or determined in the King's Bench, Common Pleas, and before Justices of assize, so as delays 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 near him in his Parliament, that it was convenient more expressly 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 form underwritten. It seems good that Justices shall be assigned to inquire, hear, and determine the points underwritten for the profit of the realm, 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 tbe year, &c. and to whom they are delivered, and for what value, and whether they be worth more or less; and to cause the said Chattles to be levied to the use of the King. Item, of Wools, wool-fells and Hides, and other Merchandizes customable, not customed nor cocketed, nor well weighed or conveyed out of the realm of England. Item, of false money brought within the realm. Item, of Wools bought within the County of Nottingham, and of those who have (mesnez) carried away their proper Wools in another's name, contrary to the Defence and 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. Ordinances made concerning it. Item, of Arms, Victuals, and other Goods and Merchandizes carried to the enemies of Scotland and others. Item, of those who were Collectors of the Ninths, and collected more, which they have not answered to the King. Item, of those who were assigned of Commission for the businesses of the King and the Realm, and take gifts, and let the said business●s perish, in deceit of the King, and of the people. Item, of Assessors and Collectors of Wools, and their Vnder-Collectors, Clerks and Deputies, who have not at all answered to the King that which they have received: and also of those who collect the good Wools, and sell them, and buy others (feables) that are worse for to deliver to the King; and also of those which take money in lieu of Wools, and buy feable (or course) Wools of less price, for to deliver to the King, and the remnant of the said moneys 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 loyal 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 inquire of Lands and Tenements amortized by religious people or others, against the form of the Statute made, without licence, if they have purchased nothing more than that which is contained In their licence, 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 justices assigned in divers Counties, so as they may not endeavour to take any thing of those who have business before them. Answ.. It pleaseth the King that it shall be so, and the chancellor 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 franchises, shall be associated to the justices which shall be now chosen to hear and determine felonies and trespasses, and other points ordained and assented, nor justices of Goal-delivery; but lawful people of the County, and of good fame shall be associated to them: and that the same justices which shall be chosen, shall be sworn, That they will use their Commission without hardship or cruelty for to please the King, but also as it shall be most pleasing to God, and agreeable to good Law and good faith, and that their Sessions shall be ordained in seisons out of August, and hay-making, in ease of the Commons. Ans. It pleaseth the King, that no Sheriff shall be henceforth a justice, 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 inquire 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 sovereign: 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 loyal 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 points 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 less grievance of the County, punish the felons and trespassers than other Justices who are strangers, and that known Trebasto●s should not run, as at another time was assented in Parliament, for that they were all to the destruction and undoing of the people, and to very little or no amendment of the Law, or of the Peace, or punishment of Felons and Trespassers. In the Parliament of 28 E. 3. Rot. Parl. n. 17. there is this Petition of the Commons, turned into an Act of Parliament by the King's answer thereunto, with the Lord's consent. To our Lord the King, pray the Commons, That the Guardians of the Peace may be of the most loyal and sufficient men of the Counties, residing in the said Counties, and not in foreign 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 chancellor 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 greatness 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 special COMMAND OF THE KING, OR REASONABLE CAUSE TESTIFIED BY Nota. THEIR COMPANIONS. And that the said Justices shall be charged to sit (or keep their Sessions) at least four days in the year, 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 King's chancellor and Treasurer shall think fit: and that the said Justices may have power to inquire as well of Victuallers, Regraters, fore-stallers within Cities, Towns and boroughs, and elsewhere, as of Servants, Labourers and Artificers. Answ.. The King will command to the chancellor 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 boroughs 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 Nota. OTHERS IN THEIR PLACES who are less 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 outrage by their maintenance 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 counsel of the King in the same manner as other people are; AND THAT THEY SHALL NOT BE REMOVED Nota. 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 loss to the King. Answ.. They shall be named by the King and his continual counsel; and as to wages, the King will advise. In the Parliament of 2 R. 2. held at Westminster, pars prima, n. 41. I find this Act not printed: Item, the Commons show, 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 indicted outrageous 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 counsel 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 skilful of the Law; and that they shall be firmly charged by our Lord the King and his counsel, to keep their Sessions four times a year at least, according to the Statutes: and that all the Servants, Victuallers, Labourers and Artificers that shall be attainted before them of excess, and which shall make a fine for their trespass, that their fine shall not be less than their excess, but more if there be cavie, by the discretion of the Justices; so to punish them, and by all other ways 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 account: 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 manors, 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 until they will justify 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 themselves from their outrageous prizes (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 intend this Office. Answ.. The King by advice of his counsel, will cause to be ordained a reasonable number of good & sufficient justices, in every county of England, having consideration to the quantities of the counties: and wills, THAT THEY SHALL NOT BE REMOVED, Nota. nor others associated to them, without assent of the counsel: 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 justices 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, until 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 indicted; by reason whereof the Malefactors of the County are more encouraged to do amiss, who ride in great routs as well by day as by night, making affrays, and marching against people in their houses or elsewhere, 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 justify and make redress of the misdoings of such Malefactors, their maintainers, coadiuters, fosterers, receivers and abettors, in maintenance of the common Law of the Land, and salvation of the common people aforesaid. Answ.. The chancellor, Treasurer, and others of the counsel 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 justify 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 outrageous 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 year only. In the Parliament of 3 R. 2. Rot. Parl. n. 38, 39, 40, 41▪ I find these notable Acts and Records touching Justices of the Peace, never yet printed to my knowledge, though as necessary and useful 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 inquire and make execution of the Statutes of Purveyors. Item, That they may inquire 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 coming of the Justices of Assize, and that the Statute lately made of those who give liveries of Hats, and other liveries, to cause maintenance, be duly executed, according to the effect thereof. Item, to inquire of all those who ride with great routs, in affray of the Peace, to do evil; and likewise of all those who lie in wait to kill, rob or maim people; and of all those, who upon any of the said Trespasses shall be indicted, and thereupon convicted, that they shall forfeit their Goods and Chattels to the King, and be imprisoned for a year and one day; and if they have no Chattels, that they shall be imprisoned for two years, without being let to mainprize or Bail, or other manner whatsoever, without special 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 temporal, that they shall have such power as they had by the last Commission; that they shall have special 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 lie 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 maintenance against the defence and form of the Statutes and * Statutes and Ordinances of Parliament were then both one. Ordinances heretofore made. Provided always, 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 laws before used in such case, be put in due execution. And it is to be remembered, that the Prelates and the Clergy made their Protestation in this Parliament expressly, upon this new grant, to hear and determine Extortions; that it is not as yet passed, neither shall ever pass by their assent or will, to the blemishing of the liberty of holy Church, nor otherwise would they give their assent, unless 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 Nota. 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 virtue 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 Nota. in every County, of which two shall be skilful in the Law, without making * See 12 R. 2. c. 10. according Lerewith. any association to them hereafter by any way: And that the same Justices at every quarter of the year, shall cause to be delivered to the Sheriffs of their Counties, their Estreats of Fines, Issues and Amercements abovenamed 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 which due allowance shall be made to the said Sheriffs in the Exchequer upon their account: 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 jevy 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 and Statutes than were one and the same. Ordinances aforesaid, twice every year, at the coming of the Justices of Assize into the Country; and in case there be no coming 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 * Both joined together as one. 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 only, 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 year in every County, and every time two or three days together, according as the County is greater or smaller, and according as the said Justices shall have business before them; so as these their quarter Sessions shall be holden every year, throughout all and every part of every County, but not more often then is aforesaid, unless 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 year: 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 enroled in the Roll of the Parliament, An. 3. (in form as followeth.) And it is to be remembered, that in Easter Term next after the end of this Parliament, the Lords temporal, assembled at Westminster in a great counsel there held, caused there again to be read before them the enrolment of the * An Ordinance and Act of Parliament was then the same thing. Ordinance made this Parliament, touching the power of the Justices of the Peace, in the presence of the Lord Despaign, the chancellor, Treasurer, and of all the Justices; and there the said Lords temporal, 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 clearly enroled 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 comprised 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 Note being read in the said counsel before them, they all assented to the said Note, and it pleased them well, that it should pass the Seal of the King under that form, and so were the Commissions made, ensealed, and sent to every County of England in like manner, with a writ directed to the Sheriff of every County, to take the Oaths of the Commissioners, well and lawfully to use their Commission, and to do right to every person, as well to the poor as to the rich, according to the form of the Cedule enclosed in every of the said Writs; of which Writs and Cedule, which were likewise made by advice of the King's counsel, and the Note of the Commission aforesaid, the Terms or Copies ensue, word for word. The Commission of the PEACE agreed upon in PARLIAMENT. REX dilectis & fidelibus suis, A, B, C, D, &c. salutem. Sciatis quod assignavimus vos conjunctim & divisim ad Pacem nostram, necnon ad Statuta apud Winton. North. & Westm. pro conservatione Pacis ejusdem edita, in omnibus & singulis in Com. H. tam infra libertates quam extra custodiend. & custodiri faciend. & ad omnes illos quos contra formam Statutorum praedict. delinquentes inveneritis castigand. & puniend.. prout secundum formam Statutorum eorundem fuerit faciend. & ad omnes qui aliquibus de populo nostro de corporibus suis, vel de incendio domorum suarum minas fecerint, ad sufficientem securitatem de pace & bono gestu suo erga Nos & populum nostrum inveniend. coram vobis venire; & si hujusmodi securitatem invenire recusaverint, tunc eos in prisonis nostris quousque bujusmodi securitatem invenerint salvo custodiri faciend. Assignavimus etiam vos, quatuor, tres, vel duos vestrum justiciarios nostros ad inquirendum per sacramentum proborum & legalium hominum in Com. praedicto, tam infra libertates quam extra, per quos rei veritas melius sciri poterit, de quibuscunque latrociniis notoriè vel aperiè, ac Mahemiis, & hominum interfectionibus per insidias, vel per maliciam precogitatam, ac murdris, ac aliis feloniis, transgressionibus, forstallariis, regratoriis & extortionibus in Com. praedicto per quoscunque & qualitercunque factis five perpetrat is, & quae exnunc ibidem fieri continget; & etiam de omnibus illis qui in Conventiculis contra pacem nostram & in perturbationem populi nostri vi armata erint, vel equitaverint, seu exnuncire vel equitare presumpserint; ac etiam de hiis qui in insidiis ad gentem nostram mahemiand. vel interficiend. jacuerint, & exnunc jacere presumpserint, ac etiam de hiis qui capitiis & alia librata de unita secta per confederationem & per manutenentia contra defensioonem ac formam * Ordinances and Statutes both one. Ordinationum & Statutorum inde ante haec tempora factorum usi fuerunt, ac aliis bujusmodi librata imposternm utentibus; ac etiam de Hostellariis & aliis qui in abusu mensur arum & ponderum, ac in venditione victualium, ac etiam de quibuscunque Operariis, Artificibus, Servitoribus, Hostellariis & aliis qui contra formam * Ordinances here coupled together with Acts, as one and the same. Ordinationum & Statutorum pro communi utilitate Regni nostri Angliae de hujusmodi Operariis, Artificibus, Servitoribus, Hostellariis & aliis inde factorum, delinquerint vel attemptaverint in Com. praedicto, vel exnunc delinquere vel attemptare presumpserint: & ed processus versus omnes quos de feloniis bujusmodi contigerit indictari quousque capiantur, reddantur vel utlagantur faciend. & ad latrocinia, mahemia, interfectiones & murdra praedicta, ac ea omnia & singula quae per hujnsmodi conventicula contra pacem nostram & in perturbationem populi nostri, & etiam ea quae per bujusmodi insidias ad gentem nostram mahemiend. vel interficiend, & ea etiam per usum bujusmodi capiciarum & aliarum libratarum per confederationem & per manutenentia sicut praedictum est attemptata fuerint & attemptari contigerit, ac transgressiones & forstallarias praedictas ad fectam nostoam tantum, ac extortiones & regratorias praedictas, ac omnia alia quae per huju modi Hostellarios & alios in abusu mensurarum & ponderum ac in venditione victualium, & omnia alia quae per hujusmodi Operarios, Artifices & Servitores contra formam * Ordinances still coupled with, and put before Statutes Ordinationum Staintorum praedictorum, seu in enervationem earundem in aliqua praesumpta vel attemptata fuerint, tam ad sectam nostram quàm aliorum quorumcunque coram vobis pro nobis vel pro seipsis conqueri vel prosequi volentium, audiend.. & termidand. & ad eosdem Operarios, Artifices & Servitores pér fines, Redemptiones & Amercimenta, & alio modo pro delictis suis prout ante Ordinationem de punitione corporali hujusmodi Operariis, Artificibus, & servitoribus pro delictis suis exhibend. factum fieri consuevit, castigand. & puniend.. secundum legem & consuetudinem Regni nostri Angliae, ac formam * Ordinances and Statutes still conjoined as one. Ordinationum & Statutorum praedictorum. Proviso semper, quod si cosus difficultatis super determinationem extortionum hujusmodi coram vobis evenire contigerit, quod adjudicium inde nisi in praesentia unius Justiciariorum nostrorum de uno vel de altero Banco, aut Justic. nostrorum ad Assi, as in Com. praedicto capiend. assignat, coram vobis minimè procedatur. Assignavimus etiam vos, quatuor, tres & duos vestrum, quorum alterum vestrum praefati A. & B. unum esse volumus, justiciarios nostros ad felonias praedictas quarum determinatio superius declarata non existit, ac omnia processus & indictamenta, felonias & transstressiones, forstallarias, regratarias & alia praedicta tangentia coram vobis praefati A. & sociis vestris nuper custodibus Pacis nostrae & justiciariis nostris ad hujusmodi felonias & transgressiones in Com. praedicto audiend.. & terminand. assignat, facta quae nondum terminata existunt, inspiciend & debito fine terminand. secundum legem & consuetudinem praedictas, ac formam * Ordinances and Statutes still coupled together. Ordinationum & Statutorum praedictorum. Et ideo vobis & cuilibet vestrum mandamus, quod circa custodiam Pacis & Statutorum praedictorum diligenter intendatis, & ad certos diem & loca quos vos quinque, quatuor, tres vel duo vestrum ad hoc provideritis, inquisitiones super praemissa facere, & praemissa omnia & singula audiatis, & terminatis, ac modo debito & effectualiter expleatis in forma supradicta; facturi inde quod ad justitiam pertinet secundum legem & consuetudinem Regni nostri Angliae salvis nobis Amerciamentis & aliis inde spectantibus: mandavimus enim Vicecomiti nostro Com-praedicti, quod ad certos diem & loca quos vos quinque, quatuor, tres, vel duo vestrum ei scire fac. venire fac. coram vobis quinque, &c. & duobus vestrum, tot & tales probos & legales Homines de Balliva sua tàm infra libertates quam extra, per quos rei veritas in praemissis melius sciri poterit & inquiri, & insuper vobis & cuilibet vestrum super salva custodia Pacts, & ‖ Ordinances, yea, Ordinances and Statutes in former clauses, are here called Statutes only, which proves them to be but one and the same. 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 administering 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 alias 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. you 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, comprised 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, respite or delay right to any against reason, nor contrary to the laws, Statutes, a Ordinances and Statutes the same. Ordinances and Customs aforesaid: & the Counsel of the King touching those who shall be indicted before you, you shall conceal, and also shall compel the Juries and inquests to conceal it on their part lawfully; and all the Records and process 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 sheriff 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 account; 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 process aforesaid, if be be not first sworn before you, to keep the King's council, and to do and perform well and lawfully on his part whatsoever belongeth to his Office and Degree in this behalf. So God me aid and his Saints. To these I shall add, 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 inquire of false moneys, shall likewise inquire 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 points, so as covenable and sage Justices may be assigned at what time it shall be best, to inquire, hear, and determine upon the point: and that these Justices, nor the justices of Labourers, shall not make Deputies under them; nor that no Sheriff, Coronor, nor none of their Ministers, shall henceforth be assigned justices 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 inquire of trespass, 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 indicted before them, and they take the people and imprison them, until 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 damage 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 point 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 inquire of divers Felonies, Confederacies, Conspirators and Maintainers of quarrels, of which points the said justices judge (Moult reddement) over-hastily in grievance of the Commons: that it would please our Lord the King and his counsel, that the points 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 expressly, upon the points 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 year 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 counsel, showeth, the poor Commons of the Land, that because the Sheriffs and under-sheriffs, and Keepers of Goals are now, and of long time have been Justices of Peace, and often times cause loyal 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 inquest procured for to save their lives, and when they are released, to make a fine to the gaolers 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 Note. of Goals, shall be a justice 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 8 E. 3 n. 2, 4, 6. 13 E. 3. par 1. n. 10. 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 laws 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 always resolved and enacted to be the most probable, prevalent and successful means, to suppress all public Malefactors of all sorts; to reform and redress all public oppressions, grievances, disorders and mischiefs in the commonwealth; to settle all distractions, and to restore and preserve the peace and tranquillity 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 King's assent, as well as by the King, his Counsel, chancellor and Treasurer; that such Parliamentary nominations and elections have usually been best, and most beneficial to the commonwealth, and that the constituting of able and active Justices of Peace hath been one principal end of ancient Parliaments convening. Thirdly, that none are fit to be Justices of Peace but such as are both a 18 E. 3. c. 2 34 E. 3. c. 1. 2 H 5 c. 1. 18 ●. 6. c. 11. See. Exod. 18. 21. discreet and valiant, and somewhat skilful 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 2 Chron. 19 11. Ezr. 10. 4. J●sh. 1. 7. 1 Chron. 22. 13 courage; courage without wisdom and discretion; wisdom, discretion and courage, without knowledge of and in the laws, which must regulate all these; and all, or each of these without some competency of Estare, to keep men from corruption, c 18 H. 6. c. 11 2 R. 2. n. 50. bribery, oppression and baseness, being unable singly of themselves to qualify any man to be an exact Justice: but when they all concentre in one, that man (if really endowed with the grace and d Exod. 18. 21 2 Sam 23 3. 2 Chron. 19 7. fear of God) and no other, will prove a complete 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 public 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 special command of the King or his counsel, and that upon e See 4 H. 7. c. 12 8 H. 6. n. 69. just grounds, or some real 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 express known fundamental laws and Statutes of the Realm, and the highest kind of arbitrary Tyranny, to put any Gentleman out of Commission upon malitions clandestine surmises behind 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 practised 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 find only these causes of uncommissioning and outing any Justices of Peace: First, f 13 R. 2. c. 7. 2 H. 5. c. 1. par. 2. 18 H. 6. c. 11. inability and insufficiency in point of skill, wisdom, discretion, courage, knowledge of the Law, or Estate: Secondly, g 28 H 6. c. 11 corruption, misdemeanour or h 4 H. 7. c. 12. negligence in the discharge of this public office of trust: Thirdly, i 13 R. 2. c. 7. 8 R. 2. Dors. Claus. n. 5. Co. 4 Instit. p. 176 Retienorship, or particular engagements to great persons, which may overbyas Justices to oppress and injure the people, to pleasure those Grandees on whom they have their chief dependence: Fourthly, k 1 R. 2. n. 89. 51 E. 3. n. 59 age or infirmity of body to discharge this trust: Fiftly, l 2 H. 5. c. 4. 2 H. 5. Parl. 2. c. 1. 1 Mariae, c. 8. Sess. o. 2. removing from, non-residence in, or being made Sheriff, gaoler, &c. of the County where they are in Commission: & therefore if any man be indirectly put forth of Commission without any such just causes as these, or the like, Some learned men conceive, a Writ of Restitution lies upon a motion in the King's Bench, to the chancellor 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 See Sir James Baggs' Case, Co. 11. Rep. 93, &c. and Master Estwicks' case 23. Car. B. R. Major or Corporation, disfranchising or putting any Major, Alderman, freeman or common-council man out of his Place or Office, without a just and legal cause, there being the selfsame reason, and so the selfsame 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 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. 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 14 R. 2. c. 11. wages to defray their extraordinary expenses, especially at general 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 republics peace and happiness. 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 selfsame 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 * 8 E. 3. n. 9 15 E. 3. n. 24. 46 E. 3. n. 36. 50 E. 3. n 75. Extortion, which they would not have Justices of Peace to hear and determine; and that an Act of Parliament is 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 crompton's Jurisdiction of Courts, ●. 19 good and valid, though all the Bishops (whiles Members) protested against it, as null and void. Lastly, that Ordinances and Acts of Parliament, were anciently both one in substance, and used promiscuously one for another, and were made by joint 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 rolls of Parliament, which make express 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 4 Instit. p. 25 Sir Edw. Cook putting this difference between an Act of Parliament, and an Ordinances; that an Ordinance wanteth the threefold consent (which an Act always hath) and is ordained by one or two of them: which he endeavours 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 apparel, 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 citys it: and his first Record of 25 E. 3. n. 16, &c. hath not one syllable in it concerning Ordinances of Parliament, or to warrant any difference between Acts and Ordinances, for which he quotes it, which is clearly refuted by this notably Record of 50 E. 3. n. 47. where The Commons Petition the King, That NO statute NOR ORDINANCE may be made or granted at the Petition of the clergy, 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 Therefore the threefold assent was then necessary to Ordinances as well as Statutes. STATUTES NOR ORDINANCES made against their assent. Secondly, the King's consent was to all the precedents he citys, and no Ordinance nor precedent is produced by him▪ of any Ordinance made by the Lords or Commons jointly or severally, without the King's consent thereto. Thirdly, 27 E. 3. n. 19 puts a difference between Ordinances of Parliament, and b Sir Edward Cook mistakes an Ordinance of State for an Ordinance of Parliament, which had always the three fold as●●ut. Ordinances of State, made by the King and his privy counsel alone, without the Lords and Commons assent; the one being to be entered 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 Commons Petitions (especially without the Lords concurrent assent) makes them c See 21 E. 3. n. 43, 46, 47, 52. no Acts of Parliament, but merely 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 year of his reign, gave this answer, Le Roy le Voet; might be turned into into Acts. But it no ways 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 year of King Henry the third. In the year of grace 1267. in the two and fiftieth year of the reign of King Henry, son of King John, in the Vias of Saint Martin; for the better estate of this Realm of England, and for the more speedy administration of justice, as belongeth to the 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 dissensions, for reformation whereof, STATUTES AND laws be most necessary, whereby the peace and tranquillity 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 general 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 mere temporary laws expiring with the very 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 2 Instit. p. 101, 102. commentary 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 general 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 year of the reign of our sovereign Lord the King, that now is, of England, the fiftieth: the same our sovereign 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 quietness of his people, they be firmly kept and holden in all points. These Statutes (being eight in number) are only termed Ordinances in this Prologue, though Statutes in the Title; and close to, Thus endeth the Statutes, &c. The general printed Preambles to the several 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 sovereign 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 quietness 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 several printed Statutes made in the 1, 2, 4, 5, 6, and 9 years of King Henry the fourth, and 1, 2, 3, 4, 5, 7, and 9 years of King Henry the fifth, use these expressions: At the Parliament holden at Westminster, &c. Our sovereign Lord the King, by assent of the Prelates, Dukes, Earls and Barons, and at the special 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 always together as one: In 24 H. 8. this general usual Preamble was altered into this new model: Acts made in the Session of this present Parliament, &c. and from that Parliament till this present, this ancient usual 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 general Preambles do. 13 E. 1. the Statute of Merchants: The King and his counsel 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 forest, 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 points. 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 forest, 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 forest, and to all other Statutes formerly made, clearly resolve, Statutes and Ordinances to be both one. So 6 R. 2. parl. 1. c. 10. Any Statutes, Ordinances, &c. had or made to the contrary notwithstanding. 7 R. 2. c. 11. Divers Ordinances and Statutes of Fishers of London, and other Victuallers were made, &c. The same Ordinances and Statutes, &c. c. 13. The Statutes and Ordinances aforesaid. 11 R. 2. c. 8. Any Statute, Ordinance, &c. twice. 13 R. 2. c. 7. That the said Justices be sworn to keep and put in execution all the Statutes and Ordinances, touching their Offices. c. 8. Statutes and Ordinances, twice: c. 9 As in the great Charter and all other good Statutes and Ordinances thereof made is more plainly contained, &c. As hath been another time ordained by Statute. So in 14 R. 2. c. 11. 17 R. 2. c. 3. 21 R. 2. c. 12. 1 H. 4. c. 2, 9 2 H. 4. c. 4. 2 H. 4. c. 9, 17. 4 H. 4. c. 3, 16. 9 H. 4. c. 8. 13 H. 4. c. 3, 6. 9 H. 5. parl. 2. c. 1. 1 H. 6. c. 2. 3 H. 6. c. 5. 6 H. 6. c. 5, 8, 9, 17. 14 H. 6. c. 6. 20 H. 6. c. 8. 23 H. 6. c. 2. 31 H. 6. c. 7. 39 H. 6. c. 2. 3 E. 4. c. 5. 4 E. 4. c. 1, 6, 7. 7 E. 4. c. 1. 14 E. 4. c. 4. 17 E. 4. c. 1, 6, 7. 22 E. 4. c. 1. 1 H. 7. c. 7, 8, 9 4 H. 7. c. 1, 12, 21, 22. 7 H. 7. c. 3. 11 H. 7. c. 3, 4, 7, 8, 16. 19 H. 7. c. 13, 22, 23: we have the like conjunction of Ordinances and Statutes, Statutes and Ordinances, Ordinance and Statute, which couple and use them still promiscuously as one: By the Statutes of 8 H. 6. c. 5. 18 H. 6. c. 11. 12 E. 4. c. 6. 4 H. 7. c. 1. The Commissioners of Sewers are authorized to make laws, Statutes and Ordinances: In 15 H. 6. c. 6. 23 H. 6. c. 4. 7 E. 4. c. 1. 19 H. 7. c. 7. We read of Ordinances, Rules and Statutes made by Fraternities, Corporations and Companies; in which they are used reciprocally as one and the same: And as in all these Acts; so in divers others in King Henry the eighth, Edward the sixth, Queen Mary, Queen Elizabeth and King James (which for brevity I omit) we find the like. Therefore by all these numerous evidences, it is clear and undeniable, that in all former Parliaments and Ages, Statutes, Acts, and Ordinances, were always judged, reputed one and the same, not divers, and made by the selfsame authority and assent. Thirdly, I shall make this most apparent by sundry Statutes in print, which expressly style both general Acts of Parliament, and particular Statutes, ORDINANCES, AN ORDINANCE, THIS ORDINANCE: and yet call them likewise Statutes, this Statute, a Statute, the Statute, an Act of Parliament, &c. and likewise style Ordinances, Statutes, Acts of Parliament, &c. For this you may peruse at leisure the Statute of Marlbridge 52. H. 3. c. 8. If it be found that the sheriff delivereth any contrary to this ORDINANCE, he shall be grievously amerced therefore, 13. E. 1. The Statutes of Merchants forecited 27. E. 1. An ORDINANCE of purchasing Liberties, 33. E. 1. An ORDINANCE of inquests: and An ORDINANCE of the forest, 34. E. 1. An ORDINANCE of measuring Lands. An Ordinance for Bakers, Brewers, &c. An Ordinance for Measures, 14. E. 3. Parliament 1. c. 5. this ORDINANCE, c. 9 Against this ORDINANCE, thrice, c. 12. This ORDINANCE, c. 19 This establishment. This ORDINANCE, 15. E. 3. Parl. 1. c. 3. The Ordinance 18. E. 3. c. 4. This Ordinance twice c. 6 The said Ordinance, 23. E. 3. c. 8. 25. E. 3. Par. 1. c. 4, 6, 8. Par. 4. c. 20. 27 E. 3. P. 2. c. 7, 14, 21. This Ordinance. These Ordinances often, 27 E. 3. Par. 3. The Ordinance of the fees of the Mayor and Constable of the Staple. 28. E. 3. c. 10. 13. This Ordinance: All the Ordinances made in the great council at Westminster, &c. shall be firmly holden and kept FOR A statute TO endure FOR EVER, 31. E. 3. Parliam. 1. c. 7. Against the Ordinances: Parl. 2. c. 2. This Ordinance. These Ordinances: Parl. 3. The Ordinance of Fish, 34. E. 3. c. 21. upon the Ordinance of the Staple it was ordained, &c. 36. E. 3. c. 4. 13. 15. This Ordinance: It is Ordained, that this ORDINANCE and statute of Pleading begin and hold place, &c. 37. E. 3. c. 1, 3, 5, 6, 12, 13, 14, 15, 19 This Ordinance, often. 38. E. 3. Parl. 1. c. 2, 7. The said Ordinance, often: then, Statute or ORDINANCE, Parl. 2. c. 2, 4, 5. Ordinances; good Ordinances: This Ordinance, &c. sundry times, 42. E. 3. c. 8. This Ordinance shall held place, 43. E. 3. c. 2, 4. This Ordinance: we command thee, that thou do the said ORDINANCES to be cried and published in the Cities, &c. 2. R. 2. Parl. 1. c. 1. Against this Ordinance: Against this Statute, 3. R. 2. Parl. 1. c. 3. This Ordinance: twice, 5. R. 2. Parl. 1. c. 3. Any thing forfeited against this Ordinance, c. 4. Which Ordinanee shall be duly kept and put in execution. This Ordinance of Wines shall begin to hold place as soon, &c. Against the form of these Ordinances of Wines, 6. R. 2. Parl. 1. c. 2. The said Ordinance (First) The said Statute (afterwards) c. 11. The Ordinance, c. 13. No man shall henceforth ride in harness within this Realm, contrary to the Statute of Northampton. After, that bear harness contrary to the Statutes & Ordinances aforesaid, c. 16. That these Ordinances be duly kept, &c. This Ordinance, 13 R. 2. c, 9 Ordinance oft, c. 11. That this Ordinance begin to hold place, 15 R. 2. c. 8, 12. This Ordinance, &c. 16 R. 2. c. 6. This Ordinance, 17 R. 2. c. 7. Ordinance, 21 R. 2. c. 18. A convenient Ordinance, 21 R. 2. c. 20. To repeal the Statutes or Ordinances (first, and then) Statutes and Ordinances, 1 H. 4. c. 7. This STATUTE OR ORDINANCE shall begin, c. 8. This Ordinance and Statute shall hold place, &c. c. 9 Many other Statutes and Ordinances, &c. By force of the Ordinance and Statute aforesaid, c. 10. Ordained by Staiute, c. 15. This Ordinance (twice) 2 H. 4. c. 15. The said Ordinance and Statute, c. 22. The same Ordinance, The said Ordinance, The Ordinances aforesaid, 4 H. 4. c. 17. This Statute and Ordinance shall hold place for ever: To hold, keep, observe and preserve the Statute and Ordinance aforesaid, c. 18. This Ordinance, 6 H. 4. c. 4. The said Ordinance (thrice) 13 H. 4. c. 2, 3. Statute or Ordinance, This Statute, The same Ordinance, The said Statutes and Ordinances be very profitable, &c. That the said Statutes be holden and kept, c. 6. The Statutes and Ordinances, &c. That the same Statutes he firmly holden and kept, &c. c. 7. Any Article or Ordinance, 1 H. 5. c. 2. The Statutes made, &c. That the said Statutes and Ordinances be surely holden and kept, &c. c. 5. This Ordinance shall begin, c. 7. The said Ordinance, The said Ordinances (four times) c. 9 The ancient Ordinances, and the Statutes: The Ordinances aforesaid: This Ordinance and Statute (twice) Which Ordinances, Good Ordinances (four times) 2 H. 5. c. 4. Ordinances and Statutes (eight times) And all other good Statutes, c. 6. This Ordinance (five times) c 8. Like Ordinances, &c. c. 9 This ordinance shall stand in force, 2 H. 5. parl. 2. c. 6. The same Ordinance (twice) 3 H. 5. parl. 2. c. 2. This Ordinance, c. 4. The same Orcinance, c. 8. This Ordinance, 4 H. 5. c. 4. That this Ordinance hold place: An Ordinance made in 5 H. 5. concerning Attorneys, 7 H. 5. The Statute made at Westminster concerning Appeals, hath in the body of it, This Ordinance, This present Ordinance: then follows, Do this Statute and Ordinance to be proclaimed, &c. To be certified of the said Statute and Ordinance, 8 H. 5. c. 3. This last Ordinance shall begin, 9 H. 5. c. 2. This Ordinance (twice) c. 3. An Ordinance, This Ordinance (thrice) c. 4. This Ordinance, c. 8. That this Ordinance endure, 9 H. 5. parl. 2. c. 9 All the Ordinances aforesaid, 1 H. 6. c. 1, 2. Statute and Ordinance, Statutes and Ordinances made, c. 3. The Ordinance, 2 H. 6. c. 2. This Ordinance, c. 7. That this Ordinance and Statute hold place, c. 8. In the same Ordinance excepted; The said Ordinance, c. 11. This Ordinance (twice) c. 14. The Ordinance; The said Ordinances, 4 H. 6. c. 1. This Ordinance, c. 2. This Ordinance shall endure till the Parliament; Which Ordinance is determined, &c. Hath ordained, that the said Ordinance made the said fourth year, shall stand as a Statute and Law effectual and available in all points to all persons, &c. Shall have any benefit of the same Ordinance, c. 3. Which Ordinance should endure, &c. That the said Statute, &c. shall hold force as a Statute available and effectual in Law to endure for ever, c. 5. Any Ordinance, 6 H. 6. c. 1. This Ordinance, c. 2. This Ordinance or Statute, c. 3. The same Ordinance; A thing ordained by Statute; This Ordinance, 8 H 6. c. 2. The said King of Denmark against the a See 1 H. 8. c. 1. Ordinance, &c. c. 3. The said Ordinance; By Ordinance shall have power to do, ordain and execute the Statutes, Ordinances, &c. c. 4. Statutes and Ordinances (six times) and then, The contrary of the said Ordinances, &c. Against the form of the said Statutes, c. 5. This Ordinance (twice) c. 6. Statutes and Ordinances; then, This Ordinance (thrice) c. 7. The Ordinances, c. 9 Statutes and Ordinances; The said Statute and other Statutes, c. 10. This Ordinance, c. 13. That this Statute shall endure, &c. Then follows, comprised in this present Ordinance, &c. Have any benefit of the same Ordinance, c. 14. The same Ordinance shall stand in its force, &c. The said Statutes, &c. The said Statute shall now be kept, &c. c. 17. Ordained by divers Statutes and Ordinances, &c. This Ordinance (twice) c. 18. The Ordinance and Appointment, c. 25. Any Statute or Ordinance, c. 29. The first Ordinance (five times) The last Statute; The last Statute and Ordinance, 9 H. 6. c. 2. That Ordinance; The said Ordinance, c. 3. This present Ordinance, c. 4. This Ordinance, c. 7. This Ordinancc, c. 9 This Ordinance, 11 H. 6. c. 5. This Ordinance (twice) c. 7. This Ordinance (thrice) c. 8. The Statutes and Ordinances made of Measures; The said Ordinances and Statutes (twice) then, The said Statutes and Ordinances (twice) Willeth the same Statutes and Ordinances to be holden and kept; Hath ordained that the said Statutes be proclaimed and put in due execution: Then it follows, To put all the Statutes and Ordinances in due execution, according to the form and effect of the said Statutes and Ordinances: Then, To execute all the Statutes abovesaid, (twice) c. 13. The good Ordinance and Statute; According to the Ordinance: c. 14. Against the form of the said Statutes: Then follows, Against the Ordinance abovesaid: c. 15. This Ordinance: 14 H. 6. c. 6. The said Statute and Ordinance: c. 7. This Ordinance: c. 8. Whereas it was declared and ordained by a Statute, &c. Forasmuch as before the said Ordinance, &c. The said Statute, &c. (thrice) 15 H. 6. c. 2. This Ordinance: 18 H. 6. c. 4. This Act and Ordinance (thrice) and then, This Provision and Ordinance: c. 7. The said Statute: then, Which good Statute and Ordinance: next, The said Statute (twice) c. 9 Any Statute or Ordinance: This Statute and Ordinance shall begin, &c. And that Proclamation be thereof made, &c. Incontinently after this Ordinance: To the intent, that Merchant Aliens may have knowledge of the said Ordinance: c. 11. This Ordinance: c. 13, & 14. It was ordained, &c. This Ordinance shall stand in force till the next Parliament, &c. Which Statute by decease of the said King, by opinion of some, is expired, &c. That the said Ordinance shall be and abide an effectual and available Statute and Ordinance in Law, perpetually to endure: c 14 This Ordinance (thrice) c. 15. This Ordinance (three times) c. 16. This Ordinance: 20 H. 6. c. 1. This Ordinance: c. 2. This Ordinance (twice) c. 3. This Ordinance: c. 4. This Ordinance: c. 5. This Ordinance: The Statute and Ordinance aforesaid: c. 7. This Ordinance: c. 8. This Ordinance (thrice) then, This Ordinance among other Statutes of Purveyors, &c. Shall be sent to the Sheriffs of every County, to proclaim and deliver the said Statutes and Ordinances: c. 10. This Ordinance (twice) c. 11. It was ordained by the Statute made, &c. Forasmuch as before the said Ordinance, &c. then, The said Statute: And that this Ordinance, &c. c. 12. The Ordinance of Partition (twice) 23 H. 6. c. 2. The said Statutes from henceforth shall be duly kept, &c. That he shall take nothing of the people, contrary to the said Ordinances: then, Contrary to the said Statutes (thrice) next, Contrary to the said Statutes and Ordinances: then, Execution of the said Ordinances: after, That these Statutes and Ordinances: c. 3. This Ordinance: c. 4. The said Ordinance (twice) c. 6. All other Ordinances: This Ordinance: then, This Statute: after, The Statute and Ordinance aforesaid: c. 7. This Ordinance: c. 10. These Ordinances: after, This Ordinance (twice) c. 11. This Act and Ordinance shall begin: c. 14. This Ordinance shall begin, &c. Provided always, that by this Act, &c. 27 H. 6. c. 1. A certain Ordinance: then, Concerning this Act: after, this Ordinance to endure, &c. c. 2. this Act: then, this Statute: next, this Ordinance: after, this Act: then, Contrary to the Ordinance of this Statute: next, this Act (twice) after, this Ordinance; this Grant or Ordinance (twice) then, this Ordinance (twice) c. 3. this Ordinance (twice) c. 4. the said Ordinance: c 5. this Ordinance (twice) 28 H. 6. c. 1. A certain Ordinance: then, this Ordinance, &c. (six times) c. 2. The Ordinance: c. 3. this Ordinance (twice) c. 4. this Ordinance (twice) 29 H. 6. c. 2. Endamaged by this Act: And that this Ordinance shall begin, &c. then, Contrary to this Statute: 31 H. 6. c. 3. this Ordinance: 33 H. 6. c. 1. the said Ordinance: c 6. the said Ordinance: c 7. this Ordinance (thrice) 39 H. 6. c. 1. Acts, Statutes and Ordinances (twice) 1 E. 4. c. 2. this present Ordinance: then, Provided that this Act: after, that this Act and Ordinance: next, And that this Ordinance: 3 E. 4. c. 1. By this Ordinance: afterwards, that this present Act and Ordinance: c 3. this Ordinance (twice) c. 4. this Ordinance or Statute: after, this Ordinance nor Act, nor none other Ordinance or Act made: c. 4. Ordinances and Statutes: then, Statutes and Ordinances: after, Contrary to this Ordinance: next, Provided, that this Statute: then, Nor that this Ordinance: Notwithstanding this Ordinance: after, Within this Statute: and in the close, that this Ordinance: 4 E. 4. c. 1. this Ordinance (twice) then, the Statutes and Ordinances made before this time: after, that these Statutes and Ordinances, and other Statutes and Ordinances made before this time: next, Any other Act or Ordinance: then, Not according to this Act: c 2. this Ordinance (twice) afterwards termed, this Act (twice) 4 E. 4. c. 5. Forasmuch as a certain Declaration and Ordinance, in form of a Statute, evermore to endure, were of late made by the Duke of Burgony, &c. Which said Declaration and Ordinance (twice) next, the Statute made against it, is styled, this Ordinance (four times) then, that this Act, nor none other Act, Statute nor Ordinance, made or to be made (twice) c. 7. the like. In 7 E. 4. c. 1. 2, 3, 4. 12 E. 4. c. 3, 9 14 E. 4. c. 1, 24. 17. E. 4. c. 1, 4, 6. 22 E. 4. c. 2. 1 R. 2. c. 6, 10, 13. 1 H. 7. c. 2, 5, 8, 9 9 H. 7. c. 2, 4, 8, 9, 11, 21, 22. 7 H. 7. c. 2, 5. 11 H. 7. c. 1, 4, 8. 19 H. 7. c. 4, 22, 23. and in sundry other Statutes of King Henry the eighth, Edward the sixth, Queen Marys Queen Elizabeth, King James (which for brevity I forbear to cite,) we have the like connection of Statutes, Acts and Ordinances, and interchangeable styling of Acts and Statutes, Ordinances; and of Ordinances, Acts, Statutes, laws, &c. 31 E. 3. Parl. 2. c. 3. 34 E. 3. c. 20. 5 R. 2. Parl. 2. c. 11. 2 H. 4. Parl. 2 c. 4. 3 H. 7. c. 3. we read of Ordinances to be made by the chancellor, Treasurer and King's council; or by the King and Barons of the Exchequer by authority of Parliament, to stand as binding laws; and of Ordinances made by the Goldsmiths, and by the Major of London, without, and against Law; and 15 H. 6. c. 6. 23 H. 6. c. 4. 7 E. 4. c. 1. 19 H. 7. c. 7. we read of Ordinances and laws made by Fraternities and Corporations; none of all which are any Ordinances of Parliament: but it is undeniable by these and all the forecited Statutes, that an Ordinance of Parliament, in the opinion, resolution, stile & judgement of all these a See 46 E. 3. n. 13, 14. 21 E 3. n. 6, 18, 37, 60. 5 H. 4. n. ● 45. ancient Parliaments before these our days, was all one with an Act of Parliament, Law, Statute; and that these were used reciprocally one for another; for what is called an Ordinance in one clause or line, is styled an Act or Statute, or both of them, in another; and what is called a Law, a Statute, or Act of Parliament in one place, is termed an Ordinance, or an Act and Ordinance, a Statute and Ordinance, in another, &c. as the premises abundantly manifest; therefore there was heretofore no diversity at all between an Act or Ordinance of Parliament, but they were both one and the same; ever made by the same concurrent assent of King Lords and Commons, by the opinion, resolution of all these forecited Parliaments, Statutes a 39 E. 3. 7. 8 H. 4. 12, 13, 14, 20. 9 H. 4. 1. Br. Parl. 11. and of our Judges too. Fourthly, this is undeniable by the manner of penning and enacting our Statutes and Acts of Parliament, in all Ages, in these very terms: It is ORDAINED; Be it ORDAINED; It is provided, agreed and ORDAINED; It is assented and ORDAINED; It is, or, be it ORDAINED; It is, or be it ORDAINED and established; The King with the assent, &c. hath ordained: For which you may consult at leisure, the forecited Preambles to most of our Statutes, 3 E. 1. c. 48 7 E. 1. the Statute of Mortmain, 13 E. 1. the Statute of Acton Burnell, 13 E. 1. c. 8, to 16, 33, 36, 38, 39, 41, 46, 48, 13 E. 1. the Statute of Merchants, 18 E. 1. c. 1. 27 E. 1. c. 1, 2, 3, 4. of Fines, 27 E. 1. A Statute for persons appealed, 21 E. 1. Articuli super Chartas, the preamble, &c. 1, 2, 3, 11, 20. 30 E. 1. the new Statute of Quo Warranto, 34 E. 1. the Statute of Jointenants, 9 E. 2. the Statute of Sheriffs, 15 E. 2. the Statute of Carlisle, 18 E. 2. the Statute of Prizes, 1 E. 3. c. 1. 2 E. 3. the preamble, &c. 2, 5, 6, 8, 12. 4 E. 3. c. 2, 15. 9 E. 3. c. 4. & parl. 2. preamble, 10 E. 3. parl. 1. preamble, 18 E. 3. parl. 2. c. 6. 20 E. 3. preamble, c. 4, 5, 6. 21 E. 3. c. 1, 8. 25 E. 3. parl. 1. preamble, &c. 1. parl. 3. c. 2. parl. 4. c. 2. parl. 5. preamble, c. 2, 18. & parl. 6, & 7. 27 E. 3. prologue, & parl. 2. preamble, &c. 3, 7, 8, 9, 11, 14, 21, 22, 24, 25, 27, 28. 28 E. 3. preamble, c. 7, 8, 10, 11, 13. 31 E. c. 5, 6, 7, 10, 15. & parl. 2. preamble, &c. 2, 3. parl. 3. the Ordinance for Fish, 34 E. 3. the prologue, c. 21. 36 E. 3. c. 2, 4, to 16. 37 E. 3. preamble, &c. 1, to 20. 38 E 3. parl. 1. preamble &c. 2, 6, 10, 11. parl. 2. c. 2, 4, 5. 42 E. 3. c. 3, 9, 11. 43 E. 3. c. 1, 2, 3, 4. 45. E. 3. c. 1, 2, 3. 50 E. 3. c. 1, 7, 8. 1 R. 2. preamble, &c. 4, 5, 6, 7, 9, 11, 12, 15. 2 R. 2. stat. 1. c. 2, 3, 5, 6, 7. parl. 2. c. 3. 3 R. 2. parl. 1. c. 1, 2, 3. parl. 2. c. 1. parl. 1. c. 6, 7, to 16. parl 2. c. 5. 6 R. 2. parl. 1. c. 3, 6, to 13. parl. 2. c. 3. 7 R. 2. c. 4, to 17. 8 R. 2. c. 2, 3. 10 R. 2. c. 1. 11 R. 2. c. 6, to 12. 12 R. 2. c. 2, 3, 5, 8, 9, 10, 14, 16. 13 R. 3 preamble, &c. 1, 4, to 20. 13 R. 2. parl. 2. c. 2, 3. 14 R. 2. preamble, &c. 11. 15 R. 2. preamble, &c. 3, 4, 6, 8. 12. 16 R. 2. preamble, c. 1, 3, 5, 6. 17 R. 2. preamble, c. 2, 5, 9 20 R. 2. preamble, c. 1, 5. 21 R. 2. c. 2, to 21. 1 H. 4. c. 5, to 20. 2 H. 4. c. 1, to 25. 4 H. 4. c. 2, to 35. 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 So Ordinatum est per Curiam, is the usual form of entries in most Courts of Record. 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 clear it by divine Authorities, out of the unerring word of truth, which resolves AN ORDINANCE, LAW STATUTE to be all one, couples ORDINANCES AND laws 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 human laws, 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 King's 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. Romans 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 King's 12. 32, 33. 2 Chron. 23. 18. Esther 9 27. Psalm 81 5. Daniel 2. 24. Acts 16. 4. Romans 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 selfsame, made by consent of the King, Lords and Commons jointly, not of Lords and Commons alone without the King, or by King & Commons without the Lords, not any ways 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 pass without the King's consent (being absent from, and in Arms against them) for their own and the a See my sovereign Power of Parliaments and Kingdoms kingdom's preservation, or any Ordinances for the necessary reformation or punishment of any general grievances or abuses, according to Law, or preventing any public 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 find no place at all; but for these ensuing reasons. First, to refute the commonly received error 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 royal assent was then held only necessary to Acts, but not to Ordinances of Parliament: for which there is not any one single pregnant convincing precedent extant to my knowledge, in any Parliament Rolls or printed Acts: which error hath been principally propagated by Sir Edw. Cook's 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 royal 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 precedent in former Parliaments to warrant such new excessive Fees. Thirdly, to persuade and induce the Members of both Houses of Parliament, not to multiply these new kind of Parliamentary Ordinances (destitute of royal assent, and the people's general 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 people's undoubted Liberties, Rights or Proprieties, which they have so long fought for, and dearly purchafed with the expense of so much treasure and blood, or to the inveigling 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, useful Ordinances into Acts of Parliament, and to press the King's royal assent to them in their expected approaching personal Treaty with his Majesty, for the greater indemnity and security of those who have acted on, or received, or enjoy any moneys, lands, offices or emoluments by them, to avoid 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 penal) beyond their Letter, or true intention, to the Subjects oppression, who had many times no legal 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 scandal; 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, lawless Committees and Officers, and calling them to a strict and just account both for their receipts, disbursements, and malicious, vindictive, injurious actions, to the public prejudice, and the people's general grievance, oppression and discontent. Sixtly, to induce the Houses of Parliament to conform all their future new Ordinances, and the execution of them, as near as possible, to the forms and rules of Law; and to be very careful of setting up any such new Ordinances (without inevitable necessity, and general inconveniences of dangerous sequel) to repeal, control, or give checkmate to the fundamental known laws and Statutes of the Realm, or stop the current of the common Law, and public 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 tenor 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 illegal Ordinances wanting pure metal, as well as the royal impress, will in conclusion but betray, endanger the coiners of them, and be branded, rejected for counterfeit coin, when brought unto the test. Liberavi animam meam. I shall add no more, but recommend these brief Collections to God's 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.