Selected quad for the lemma: justice_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
justice_n	good_a	king_n	people_n	3,603	5	4.8197	4	false

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ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A91198	Irenarches redivivus. Or, A briefe collection of sundry usefull and necessary statutes and petitions in Parliament (not hitherto published in print, but extant onely in the Parliament rolls) concerning the necessity, utility, institution, qualification, jurisdiction, office, commission, oath, and against the causlesse, clandestine dis-commissioning of justices of peace; fit to be publikely known and observed in these reforming times. With some short deductions from them; and a touch of the antiquity and institution of assertors and justices of peace in other forraign kingdomes. Together with a full refutation of Sir Edward Cooks assertion, and the commonly received erronious opinion, of a difference between ordinances and Acts of Parliament in former ages; here cleerly manifested to be then but one and the same in all respects, and in point of the threefold assent. Published for the common good, by William Prynne of Lincolns-Inne, Esq.	Prynne, William, 1600-1669.; England and Wales. Parliament.	1648 (1648)	Wing P3987; Thomason E452_23; ESTC R203239	36,601	50

Commons by themselves to treat and aduise and to report their advice on Saturday next ensuing At which day the Knights of the Counties and the other Commons delivered their advice in form as followeth Num. 11. Most excellent and most honourable Lord the people of your Commonalty recommend themselves to you obediently and thank you here openly as much as their meannesse will suffer for that so tenderly you undertake to maintain the peace and the quiet of your people and it seems to them that it will be a good and sure thing for the chastisement of evil and salvation and ayde of good people that certain Justices should be chosen now at this Parliament by assent of the great men and of the Commons and that the said Justices shall be sworn now at this Parliament before the Peers of the Land and the Commons and in their Sessions per eugyn ne nul home ne soit susduit that no man may be seduced or over-reached by craft mes mesnes per deiu bone foy but treated by due and good faith and the good Laws in these times used to hear and determine felonies trespasses conspiracies consederacies and evil maintenance and that Commissions may be made to the Justices so chosen to go to the Counties where it shall be h best or needfullest and that the parts of their Commissions aforesaid shall be shewen to the Peeres of the Land who have the Lawes under you to maintain and to the Commons before that the Commissions be sealed or in any point used and if they shall advise that this thing shall be pleasing to God and to the honour and the salvation of your people in maintenance of other Lawes made at other Parliaments before these times your poore Commons if you please to grant it do thereto agree And it seemes to the said Commons that all other things may be sufficiently ordered or determined in the Kings Bench Common Pleas and before Justices of Assise so as delayes not covenable may be aggregez redressed or removed now in this Parliament by Statute But because that it was advised to our Lord the King and to the Prelates and great men who were neere him in his Parliament that it was convenient more expresly to make mention of the Articles of which the Justices who shall be assigned in the Counties ought for the cause aforesaid to inquire they redelivered to the Knights and Commons aforesaid some Articles which were ordained by the Prelates and great men themselves for them to advise of and give their assent the which Articles ensue in forme underwritten It seemes good that Justices shall be assigned to inquire heare and determine the points underwritten for the profit of the Realme and for keeping the Peace and maintaining the Law First to inquire of all manners of Felonies and Trespasses done against the Peace Item of all manner of Conspiracies Confederacies Champerties Ambodexters of maintainers of Malefactors and of false quarrels and of all other falsities done in deceit of the Law Item to inquire of all chatles of felons and fugitives belonging to the King after the yeere c. and to whom they are delivered and for what value and whether they be worth more or lesse and to cause the said Chattles to be levied to the use of the King Item of Wools Woolfels and Hides and other Merchandizes customable not customed nor cocketted nor well weighed or conveyed out of the realme of England Item of false money brought within the Realme Item of Wools bought within the County of Notingham and of those who have mesnez carried away their proper Wools in anothers name contrary to the Defence and i Ordinances made concerning it Item of Arms Victuals and other Goods and Merchandizes carried to the enemies of Scotland and others Item of those who were Collectors of the Ninths and collected more which they have not answered to the King Item of those who were assigned of Commission for the businesses of the King and the Realm and take gifts and let the said 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 lesse price for to deliver to the King and the remnant of the said monies retain to their proper use Item of Customers Searchers Controllers and of all other Ministers of the King how they have carried themselves in their Offices Item of those who take Fees Rents or Pensions of Malefactors for to maintain and avow them in their misdoings there where they hold not Lands nor Goods of them for which they ought to pay such rents as well in Wales as in England Item of those who take people and carry away and detain them till they have made a ransom at their will Item of those who by force or menace disturb the Justices of our Lord the King and all other Ministers going through the Country in their Sessions so that they cannot do right nor the people follow their right The which Articles being seen and examined by the said Commons they assented That good and loyall Justices should be assigned to hear and determine those things contained in these Articles for the profit of our Lord the King and his people Item to enquire of Lands and Tenements amortized by religious people or others against the form of the Statute made without license if they have purchased nothing more then that which is contained In their license or of greater value and also of the Tenements which are held of the King in chief Ibidem n. 41. Item pray the said Commons That it would please our Lord the King to ordain convenient wages for the Iustices assigned in divers Counties so as they may not endeavour to take any thing of those who have businesse before them Answ It pleaseth the King that it shall be so and the Chancellour and Treasurer shall ordain a convenient sum for them by which they may do it Ibid. n. 42. Item pray the said Commons that no Sheriff nor Steward of great men who have franchizes shall be associated to the Iustices which shall be now chosen to hear and determine fellonies and trespasses and other poynts ordained and assented nor Iustices of Goal-delivery but lawfull people of the County and of good fame shall be associated to them and that the same Iustices which shall be chosen shall be sworn That they will use their Commission without hardship or cruelty for to please the King but also as it shall be most pleasing to God and agreeable to good Law and good faith and that their Sessions shall be ordained in seisons out of

August and hay-making in ease of the Commons Ans. It pleaseth the King that no Sheriff shall be henceforth a Iustice but that such shall be who know and will do the Law and that people of the Country of good fame shall be associated to them and not others 20 E. 3. rot Parl. n. 20. Item the Commons Petition That in every County there be ordained Keepers of the Peace of the most sufficient of the Counties and that they may have power to enquire and determine Felonies and Trespasses committed contrary to the Peace since the last passage of our Lord the King beyond the Sea Answ As to the keeping of the Peace let there be good people and covenable assigned for to keep the Peace and as to the Oyer and Terminer the King will assign wise and sufficient men who have knowledge of the Law according to the agreement in the last Parliament In the Parliament of 21 E. 3. n. 70. I meet with this Petition of the Commons Most honourable and most redoubted Soveraign Whereas in this Parliament your Commons were charged to advise you how the Peace of this Land might be best kept To which it was answered That in every County there should be chosen by men of the County Justices of which two should be of the greatest men and two Knights and two men of Law of the most valiant and most loyall of the said County and there where there shall be need more shall be assigned or fewer if there be cause and that they shall have full power by Commission out of the Chancery to hear and determine Felonies Trespasses and other poynts touching the keeping of the Peace of every County who are abiding in the said Counties who may better know and to the greater ease and lesse grievance of the County punish the felons and trespassers then other Justices who are strangers and that known 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 Lords consent To our Lord the King pray the Commons That the Guardians of the Peace may be of the most loyall and sufficient men of the Counties residing in the said Counties and not in forraign places and of the Justices of Labourers in like manner and that no Justice may be assigned by Commission if he be not sufficient of estate and condition to answer to the King and to the people and that the names of the Justices of Labourers may be viewed and examined by the Chancellour and Treasurer and Justices of the one Bench and the other and in presence of the Knights of the Shires and those who are covenable shall remain for such number as is necessary according to the greatnesse of the County and in the place of those who shall be put out let others be named by the said Knights WHICH SHALL NOT AT ALL BE PUT OUT WITHOUT SPECIALL COMMAND OF THE KING OR REASONABLE CAUSE TESTIFIED BY THEIR COMPANIONS And that the said Justices shall be charged to sit or keep their Sessions at least four dayes in the yeer or more if there be occasion and that they shall make good execution of the Statutes already made and that the Guardians of the Peace and the Justices of Labourers may be both one there where it may well be done Answ As for the former Petition it is reasonable and therefore our Lord the King willeth that it be granted 36 E. 3. n. 29. The Commons Petition That the Justices of Peace may have reasonable wages ordained them as the Kings Chancellour and Treasurer shall think fit and that the said Justices may have power to enquire as well of Victuallers Regraters Forestallers within Cities Towns and Burroughs and elswhere as of Servants Labourers and Artificers Answ The King will command to the Chancellour and Treasurer his will hereupon 37 E. 3. in the Parliament Roll n. 19. there is this Petition and Answer Item May it please our Lord the King to grant to the Knights of Shires Cities and Burroughs which are come to this Parliament power to choose people to be Justices of Labourers and Artificers and keepers of the Peace and that the same persons so chosen MAY NOT BE REMOVED BY ANY SUGGESTION TO PUT OTHERS IN THEIR PLACES who are lesse sufficient Answ Let them cause convenient persons to be named now in this Parliament and the King will assign those whom he shall please 50 E. 3. Rot. Parl. n. 67. Item The Commons pray That whereas the Justices of Peace are often assigned by brocage of Maintainers of the Country who commit great out-rage by their maintainance to poor people of the Country and are common maintainers of these misdoings The Commons supplicate That the said Justices may be named in every County by the Lords and Knights of the Counties in Parliament and that they shall be sworn before the Counsell of the King in the same manner as other people are AND THAT THEY SHALL NOT BE REMOVED WITHOUT ASSENT OF PARLIAMENT which thing will turn to the great profit of the King and that convenient wages may be assigned to the said Justices to keep their Sessions for without wages they have no care to keep their Sessions which is a great losse to the King Answ They shall be named by the King and his continuall Counsell and as to wages the King will advise In the Parliament of 2 R. 2. held at Westminster pars prima n. 41. I finde this Act not printed Item the Commons shew That whereas divers Sheriffs of Counties are divers times assigned by Commission of our Lord the King to be Justices of Peace in the same Counties where they are Sheriffs do oftentimes hold their Sessions of the Peace for to indite many people of felonies and of other trespasses for this purpose to take of the indited outragious mainprizes and fines to the great destruction or impoverishing and oppression of the people that thereupon it would please our most gracious King and his Counsell so to ordain that no man during the time that he shall be Sheriff shall at all be ordained a Justice of Peace in the same County whereof he is Sheriff in amendment of the mischiefs aforesaid Answ Le Roy le voet The King willeth it So that there was a Statute in point long before 1 Mariae Sess. 2. c. 8. which enacts the like In the same Parliament n. 48. Item the Commons pray That in every County of England there may be ordained fix or eight Justices of the Peace whereof two shall be skilfull of the Law and that they shall be firmly charged by our Lord the King and his

Counsell to keep their Sessions four times a yeer at least according to the Statutes and that all the Servants Victuallers Labourers and Artificers that shall be attainted before them of Excesse and which shall make a fine for their trespasse that their fine shall not be lesse then their Excesse but more if there be cauie by the discretion of the Justices so to punish them and by all other wayes as the Statutes which have been made concerning them purport And that every one of the Justices for the time that they shall be present at any one of the Sessions shall have wages of our Lord the King for every day a certain sum for their Sessions to be paid by the hands of the Sheriffs where they shall be Justices out of the issues of their Baily-wicks and that the Justices may have freely Writs for their Fees under seal out of the Chancery to the Sheriffs for to pay their Wages aforesaid And the Sheriffs may also have Writs out of the Chancery to the Barons of the Exchequer to allow them such payments upon their accompt That none shall be associated to the aforesaid Justices by Writ out of the Chancery nor other manner And that the said Justices Sheriffs Lords of Mannours Constables and Bailiffs in every County may have power to attach and arrest in their Baily-wicks all those vagrants who are strong of body to serve and labour according to the Statute and if they refuse to serve that they shall be committed to the next Goal to continue in prison untill they will justifie themselves according as the Statute hath ordained and that a Statute may be made in this Parliament to endure perpetually from the feast of Saint Michael next to come and that at the same time Proclamation may be made by the Sheriff in every Market-town throughout the Realm of the force of this Statute so that the said Servants Victuallers Artificers and Labourers may withdraw themselvers from their outragious prises or wages if they will or otherwise the said Commons shall be in short time destroyed and undone for ever And that the said Justices may be chosen by the advice of the Lords and Commons in Parliament of the most valiant and discreet of every County who may and will continually entend this Office Answ The King by advice of his Counsell will cause to be ordained a reasonable number of good sufficient Iustices in every county of England having consideration to the quantities of the counties and wils THAT THEY SHALL NOT BE REMOVED nor others associated to them without assent of the Counsell And as to the penalties to be ordained there are already ordained sufficient penalties by the Statutes before these times which penalties and Statutes the King wils that they shall be put in due execution And as to the Wages of the Justices two or three of the Iustices which shall attend the Sessions for the profit of the King and of his people shall have the sixt part of the profits proceeding from their Estreats untill the next Parliament In the Parliament of 2 R. 2. held at Gloucester n. 50 Item pray the Commons because that Commissions to keep the peace in every County are directed to the Lords of the County who cannot attend at their Sessions and assign and associate unto them others who are poor not so sufficient who may ocupy their Office in their absence who retain with them the Inditements taken of Malefactors without sending their precepts to any Sheriffs to apprehend such persons indited by reason whereof the Malefactors of the County are more encouraged to do amisse who ride in great routs as well by day as by night making affrayes and marching against people in their houses or elswhere and beat and wound and sometimes kill and maim the poor Commons of the Land that it would please that such poor and insufficient Justices may be removed and that the most sufficient and valiant in the County may be assigned in their Places who may and will justifie and make redresse of the misdoings of such Malefactors their maintainers coadiuters fosterers receivers and abettors in maintainance of the common Law of the Land and salvation of the common people aforesaid Answ The Chancellour Treasurer and others of the Counsell of the King shall cause to be ordained the most sufficient men of every County to be Commissioners in such case The same Parliament n. 62. Ittm The Commons pray that whereas for the common profit of the Realm before these times it is ordained and by divers Statutes in divers Parliaments affirmed that certain Justices of the Peace and for to justifie Labourers Victuallers and Artificers shall be assigned in all Counties and keep their Sessions so often as shall be best for the punishment of Malefactors Victuallers Labourers and Artificers which Justices do nothing in many Counties for that the wages are withdrawn from such Justices to the damage of the King as of the fines and amercements whereby Malefactors are more audacious Labourers outragious in their wages Victuallers more dear in vent of their Victuals and Artificers in their degree hereupon that it would please that all the Statutes aforesaid may be duly executed to the chastisement of the said Malefactors Labourers Victuallers and Artificers and further that wages may be assigned to the said Justices for their Sessions and that sufficient and wise Justices may be assigned in every County to perform the execution aforesaid so often as shall be best Answ Let two or three of the Justices who have held their Sessions for the profit of the King and his people have the sixt part of the profits proceeding from their estreats for one yeer onely In the Parliament of 3 R. 2. Rot. Parl. n. 38 39 40 41 I finde these notable Acts and Records touching Justices of the Peace never yet printed to my knowledge though as necessary and usefull to be known as all or any other printed Acts concerning them Numb. 38. Item That there may be added to the Commission of the Justices of the Peace the points ensuing First That they may have power to enquire and make execution of the Statutes of Purveyors Item That they may enquire and determine of Extortions Confederacies and Maintainers of Quarrels or suits and to determine of Larcenies notoriously known and of Murders and people slain by malice prepense without attending the comming of the Justices of Assize and that the Statute lately made of those who give liveries of Hats and other liveries to cause maintainance be duly executed according to the effect thereof Item to enquire of all those who ride with great routs in affray of the Peace to do evil and likewise of all those who lye in wait to kill rob or maim people and of all those who upon any of the said Trespasses shall be indited and thereupon convicted that they shall forfeit their Goods and Chattels to the King and be imprisoned for a yeer and one day and

diem loca quos vos quinque quatuor tres vel duo vestrum ei scire fac venire fac coram uobis quinque c. duobus vestrum tot tales probos legales Homines de Balliva sua tàm infra libertates quam extra per quos rei ueritas in praemissis melius sciri poterit inquiri insuper vobis cuilibet vestrum super salva custodia Pacts ‖ Statutorum praedictorum intendat pareat quando prout per vos vel aliquem vestrum fuerit super hoc exparte nostra rationabiliter praemunitus vos praefatus A. ad certos dies loca per vos dictos socios vestros super hoc praefigend-processus indictamenta praedicta coram vobis praedictis sociis vestris venire fac ea inspiciatis debito fine terminatis sicut praedictum est In cujus c. Teste Rege apud West 26. die Maii. Per ipsum Regem Consilium The COMMISSION for administring the Oath to Justices of Peace REX Vicecomiti c. Salutem Quasdam literas nostras Patentes per quas certos Legeos nostros ad Pacem nostram in Comtuo conservand ad quaedam alia in eisdem literis contenta faciend exequend assignavimus tibi mittimus per praesentium portatorem Mandantes districtius quo poterinius injungendo quod statim visis praesentibus quibuscunque dilatione excusatione postpositis tot personas de eodem sic per nos assignatas quot inde infra Ballivam tuam invenire poteris ad certos diem locum eis per te ad hoc in prox statuend praefigend coram te sine dilatione venire fac capto Sacramento eorundem juxta formam cujusdam cedulae praesentibus inclusae eisdem sic juratis literas nostras praedictas liberari facias indilate dicens injungens eisdem ex parte nostra quod ipsi non permittant sicut non est intentionis nostrae nec omnino volumus quod aliquis dictorum sic assignatorum se inde in aliquo intromittat seu auctoritatem in hac parte virtute literarum praedictarum habeat aliqualem nec vadia ad hoc ordinata accipiat seu ei ut Justic. nostro tu vel aliquis alius intendens sis aut sit quovis modo nisi prius ad hoc juratus fuerit in forma praedicta Et qualiter praesens mandatum nostrum fueris executus ac de nominibus coram te sic juratorum Nos in Cancellaria nostra cum ea celeritate qua fieri poterit sub sigillo tuo districtè apertè certificando It a quod pro captione sacramentorum aliorum sic assignatorum si qui remanserint non jurati debitè prout convenit ordinare poterimus hoc sicut gravem indignationem nostram evitare volueris nullatenus ommittas Teste Rege apud Westm. 27. die Maii. The OATH of a Justice of Peace YOV shall swear that well and lawfully you shall serve the King in the Office of a Guardian of the Peace and of a Justice of Artificers Labourers Weights and Measures and to hear and determine the wrongs and grievances done to the King and to his people and of all other things whatsoever comprized more fully in the Commission to you and other your companions made according to your skill and power You shall do full right to all as well to the poor as the rich neither for honour favour friendship nor estate of any person nor for benefit given or promised or which may or shall be done to you in times to come nor otherwise by art or engine whatsoever shall you deny respit or delay right to any against reason nor contrary to the Lawes Statutes a Ordinances and Customs aforesaid the Counsel of the King touching those who shall be indicted before you you shall conceal and also shall compell the Juries and Enquests to conceal it on their part lawfully and all the Records and Proces which shall be made before you you shall cause to be put in sure and good custedy and the estreats of Fines and Americiaments and other Profits which unto the King appertain you shall cause entirely to be put in writing indented from time to time whereof one part you shall cause to be delivered to the Sheriffe of the County and the other part you shall cause to be sent safely into the King's Exchequer for to charge the Sheriff there upon his accompt and all the Writs which shall come to you under the King's great Seal you shall serve and cause to be executed without delay and that you shall not take nor receive any Clerk unto you for to write or keep the Records and Proces aforesaid if be be not first sworn before you to keep the King's councell and to do and perform well and lawfully on his part whatsoever belongeth to his Office and Degree in this behalf So God me ayd and his Saints To these I shall adde 21 E. 3. rot Parl. n. 4. where the King upon the Petition of the Commons against divers extortions and grievances done to the people by Colleciors of Wools and of other Taxes and Tallages to the great destruction of the people whereof they pray remedy for God's sake Gives this Answer The King is pleased that those who shall be assigned Justices of the Peace and to enquire of false Monies shall likewise enquire of the things contained in this Article and shall do right concerning the things which are therein contained In the Parliament of 29 E. 3. n. 19. Item Whereas it was lately ordained by Statute that there shall be one Measure and one Weight throughout the Land that is to say the King's Standard that the Justices of Labourers in all the Counties may have power to hear and determine and punish those who come against this Statute To which the King answered Let the Statute thereof made be held and kept in all poynts so as covenable and sage Justices may be assigned at what time it shall be best to enquire hear and determine upon the point and that these Justices nor the Iustices of Labourers shall not make Deputies under them nor that no Sheriff Coronor nor none of their Ministers shall henceforth be assigned Iustices in no Commission Numb. 20. Item Whereas before these times divers Commissions have been made to Sheriffs Constables of Castles and to Keepers of Goals and Prisons to enquire of Trespasse Felonies and other Articles for which the people are imprisonable by colour of which Commissions the said Sheriffs Constables and Keepers feign inditements and that the people are indited before them and they take the people and imprison them untill they have made fines to the said keepers of Goals and of Prisons for is have suit also to the Sheriffs for to be bailed to the great dammage of the Commons wherefore they pray

that no Sheriff nor no man who hath the keeping of Prisons may be put into such Commissions The Answer As to the first poynt of this Petition our Lord the King wilieth that it shall be done Numb. 21. Item Pray tho Commons that whereas the Justices assigned to enquire of divers Felonies Confederacies Conspirators and Maintainers of quarrels of which points the said Iustices judge molt reddement over-hastily in grievance of the Commons that it would please our Lord the King and his Counsell that the poynts of Confederacies Conspiracies and Maintainers may be declared The answer Our Lord the King willeth that none shall be judged nor punished for Confederacy but there where the Statute thereof made speaketh expresly upon the poynts contained in the said Statute 47 E. 3. rot Parl. n. 26. Item the Commons pray that the Statute of Labourers and Artificers made in full Parliament be executed four times for a yeer to come and that the Justices of Peace as well as the Justices of Labourers may be removed in case that any will complain of them for the profit of the King and of the Commons To which is answered The King willeth it 50 E. 3. rot Parl. n. 83. To our most excellent and most redoubted Lord the King and his Counsell sheweth the poor Commons of the Land that because the Sheriffs and Vnder-Sheriffs and Keepers of Goals are now and of long time have been Justices of Peace and often times cause loyall people of the Country to be indicted before them through malice and envy for to reap their own gain as for to make a fine for the entry into the Goal afterward for suit of prison and after that for Bail and afterwards for to have an enquest procured for to save their lives and when they are released to make a fine to the Goalers for their Irons and after for their issuing out of the Gate whereof they pray remedy that therefore it would please your most excellent Lordship for God's sake and as a work of charity to ordain that from this day forwards no Sheriff nor under-Sheriff nor Keepers of Goals shall be a Iustice of Peace nor no Commission directed to them in their County but in their proper Office To which was answered That it pleased well the King There are some a other Acts and Petitions of Parliament concerning Justices of Peace besides these here cited exant in the Parliament Rolls but being of lesser moment then and for the most part agreeing in substance with the former I shall pretermit them with other unprinted Lawes and Petitions concerning Justices of Assize Oyer and Terminer as 22 E. 3. n. 6. 25 E. 3. n. 11. 2 R. 2. Parl. 1. n. 35. 6 R. 2. Parl. 1. n. 38 39 40 41. 50 E. 3. n. 65 69 213. 25 E. 3. Parl. 1. 8 E. 3. n. 6 10. 29 E. 3. n. 27 28. rot Parl. n. 17. 10 R. 2. n. 12. 6 R. 2. n. 41 48. Only from the premised Acts and Records I shall briefly deduce these observations and conclusions First that the institution of discreet valiant able and active Justices of Peace in every County of the Realm in the judgement of our ancient Princes Nobles Peers Knights and Commons assembled in Parliament hath been alwayes resolved and enacted to be the most probable prevalent and succesfull means to suppresse all publike Malefactors of all sorts to reform and redresse all publike oppressions grievances disorders and mischiefs in the Common-wealth to settle all distractions and to restore and preserve the peace and tranquility of the Kingdom Secondly that Justices of the peace in former times have frequently been nominated and appointed by the Knights Commons and Lords in Parliament by the Kings assent as well as by the King his Counsel Chancellour and Treasurer that such Parliamentary nominations and elections have usually been best and most beneficiall to the Common-wealth and that the constituting of able and active Justices of Peace hath been one principall end of ancient Parliaments convening Thirdly that none are fit to be Justices of Peace but such as are both a discreet and valiant and somewhat skilfull in the Laws of the Land which they are both to execute maintain and be regulated by in all their proceedings as well as landed and wealthy wisdom and discretion without b courage courage without wisdom and discretion wisdom discretion and courage without knowledge of and in the Lawes which must regulate all these and all or each of these without some competency of Estare to keep men from corruption c bribery oppression and basenesse being unable singly of themselves to qualifie any man to be an exact Justice but when they all concenter in one that man if really endowed with the grace and d fear of God and no other will prove a compleat Justice and such a one as these Statutes and Petitions require Fourthly that no Sheriff under Sheriff Coroner Keeper of a Goal or Prison Retainer or Servant to great men or person of mean fortune and quality disabled by the forecited Petitions and Statutes upon very good grounds ought to be put into Commissions of the Peace whiles they contitinue such to prevent extortion bribery and oppression of the People Fiftly that Justices of the Peace once put into Commission especially by publike nomination of the Knights and Commons of Counties in Parliament ought not to be removed nor put out of Commission upon any private suggestions whatsoever without speciall command of the King or his Counsell and that upon e just grounds or some reall misdemeanour or reasonable cause duly proved and testified by their companions and fellow-Justices it being against all the rules and principles of Justice Law Honour Conscience the expresse known fundamentall Lawes and Statutes of the Realm and the highest kinde of arbitrary Tyranny to put any Gentleman out of Commission upon malicions clandestine surmises behinde his back without ever hearing or summoning him to vindicate his own innocency or make his just defence against such clandestine unsatisfactory informations though a thing too commonly practized by unworthy malicious self-ended spirits even in these reforming times which so much declaim against arbitrary Government And in these and other Statutes and Petitions I finde onely these causes of uncommissioning and outing any Justices of Peace First f inability and insufficiency in point of skill wisdom discretion courage knowledge of the Law or Estate Secondly g corruption misdemeanour or h negligence in the discharge of this publike office of trust Thirdly i Retienorship or particular engagements to great persons which may overbyas Justices to oppresse and injure the people to pleasure those Grandees on whom they have their chief dependance Fourthly k age or infirmity of body to discharge this trust Fiftly l removing from non-refidence in or being made Sheriff Goaler c. of the County where they are in Commission therefore if any man be indirectly put

5 H. 4. c. 2 to 15. 6 H. 4. c. 1 2 3 4. 6 H. 4. c. 2 to 18. 9 H. 4. c. 2 to 8. 11 H. 4. c. 1 to 9. 13 H. 4. c. 3 4 5 6 7. 1 H. 5. c. 1 to 11. 2 H. 5. c. 1 to 10. 3 H. 5. parl. 2. c. 3 to 9. 4 H. 5. c. 4 5 6. 8 H. 5. c. 2 3. 9 H. 5. c. 2 3 to 13. 9 H. 5. Parl. 2. c. 1 2 7 9 10. 1 H. 6. c. 1 to 6. 2 H. 6. c. 2 to 15. 3 H. 6. c. 1 to 6 4 H 6. c. 2 3 6. 6 H. 6. c. 1 to 6. 8 H. 6. c. 1 to 30. 9 H. 6. c. 2 to 11. 10 H. 6. c. 2 to 8. And to cite no more in so plain a case almost every Statute since 10 H. 6. till this very day retains this very form of words It is or Be it ordained c. from whence the word Ordinance is derived And therefore Acts and Ordinances of Parliament in proper speech and use must necessarily be one and the same the word b ORDINARI and no other word of enacting Laws but it being used and inserted into the very Writs of Elections and Summons to the Parliament as I have formerly observed the cause it is so frequent and still retained in our Statutes and Acts of Parliament till this very day Finally if all these authorities and reasons from our own printed Statutes be not sufficient to prove Statutes and Ordinances of Parliament in all former times both one and the same I shall unanswerably evince and cleer it by divine Authorities out of the unerring word of truth which resolves AN ORDINANCE LAW STATUTE to be all one couples ORDINANCES AND LAWES usually together as one takes them promiscuously one for another and useth the word ORDAIN as the proper term in enacting divine as well as humane Lawes as these 〈◊〉 Texts will manifest which those who desire satisfaction herein may peruse at their leisure Exodus 12. 14 24 43. chap. 13. 10. chap. 15. 25 chap. 18. 20. Leviticus 18. 3 4 30. chap. 22. 9. Numbers 9. 12 14 chap. 10. 8. chap. 15. 15. chap. 18. 8. chap. 19. 2. Joshua 24. 25. 1 ●am. 30. 25. 2 Chron. 2. 4. chap. 33. 8. chap. 35. 13 25. 2 Kings 17. 34 37 Ezra 3. 10. Nehemiah 9. 32. Job 38. 33. Psalm 99. 7. 119. 91 Isaiah 24. 5. chap. 52. 8. chap. 58. 2. Jeremiah 31. 35 36. chap. 33. 25 Ezekiel 11. 20. chap. 43. 11 18. chap. 44. 5. chap. 45. 14. chap. 46. 14 Malachi 3. 7 14. Luke 1. 6. Romanes 13. 2. 1 Cor. 11. 2. Ephestans 2. 15. Colossians 2. 14 20. Hebrews 9. 1 10. 1 Peter 2. 13. Numbers 28. 6. 1 Kings 12. 32 33. 2 Chron. 23. 18. Esther 9. 27. Psalm 81 5. Daniel 2. 24. Acts 16. 4. Romanes 7. 10. chap. 13. 1. Galathians 3. 19. 1 Cor. 7. 17. Hebrews 9. 6. compared together I have taken thus much pains in an untrodden path to prove Statutes Acts and Ordinances of Parliament to be always anciently really one and the self-same made by consent of the King Lords and Commons joyntly not of Lords and Commons alone without the King or by King Commons without the Lords not any wayes to invalid or impeach any late good and absolutely necessary Ordinances of Parliament which the exegences of our unhappy distracted times have enforced the houses to passe without the King's consent being absent from and in Arms against them for their own and the a Kingdoms preservation or any Ordinances for the necessary reformation or punishment of any generall grievances or abuses according to Law or preventing any publike mischiefs in a regular manner by way of Declaration or assisting of the common Law Salus populi Reipublicae being suprema Lex and extraordinary Remedies to be prescribed by the Houses in such extraordinary cases and exigencies when ordinary can finde no place at all but for these ensuing reasons First to refute the commonly received errour of these times and of some pretended Grandees of the Law That Acts and Ordinances of Parliament in former ages were distinct and different things not one and the same and that the royall assent was then held onely necessary to Acts but not to Ordinances of Parliament for which there is not any one single pregnant convincing president extant to my knowledge in any Parliament Rolls or printed Acts which errour hath been principally propagated by Sir Edw. Cooks venerable authority and assertion in his 4 Instit. p. 25. whose misallegations and mistakes are too frequently embraced for Oracles of truth for want of due examination Secondly to abate the excessive fees now taken by Officers in both Houses of Parliament for private Ordinances as high or higher for the most part as the ancient or late Fees for private Acts of Parliament which had the Royall assent a great grievance and oppression to the Subject generally complained of fit to be examined and redressed in these reforming times when private Ordinances and exactions for them are so frequent without any president in former Parliaments to warrant such new excessive Fees Thirdly to perswade and induce the Members of both Houses of Parliament not to multiply these new kind of Parliamentary Ordinances destitute of Royall assent and the peoples generall approbation in full Parliament to the impeachment or infringement of any ancient Ordinances still in force the Statutes or common Law of the Realm the invasion of the peoples undoubted Liberties Rights or Proprieties which they have so long fought for and dearly purchafed with the expence of so much treasure and blood or to the inveagling of the consciences of Judges or Lawyers contrary to their Oaths and Duties Fourthly to advise both Houses to turn all their former and future necessary usefull Ordinances into Acts of Parliament and to presse the King's Royall assent to them in their expected approaching personall Treaty with his Majesty for the greater indemnity and security of those who have acted on or received or enjoy any monies lands offices or emoluments by them to avoyd all questions and scruples in succeeding Parliaments and Ages Fiftly to admonish Committees of all sorts not to rack or strain any new Ordinances wanting the threefold assent especially such as are penall beyond their Letter or true intention to the Subjects oppression who had many times no legall notice of them an int●lerable common grievance contrary to the ordinary rules of justice and the Houses primitive purposes on whom sundry Committees and their under-Officers extravagancies in this kind have drawn much hatred and scandall the sad effects whereof begin now visibly to appear in the late insurrections and distempers of the people in sundry Counties and hatred of Committee-men which will hardly be cordially pacified or allayed but by the speedy suppression of all such arbitrary lawlesse Committees and Officers and calling them to a strict and just accompt both for their