Collection of Statutes and Petitions, Treatise

Collection of Statutes and Petitions · Treatise

p. 1Irenarches Redivivus. OR, A brief COLLECTION, &c.

THE inſtitution of Justices of Peace in every County and City of the Realm, being (as Sir aa4. 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 Lawes have been made in this our Realm, for the puniſhment of Violaters and infrin…ers of the Peace, before the Conqueſt, you may read in the bbLambord Archaion, & Hire. … c. 2. 3. Spelman…i Conc… p. 182. 183. …68. …69 370 373. 374Lawes of King Ine, cap. 6. 46. in the Lawes of King Alured, cap. …5, 21, 34, 36. and others; What care forreign Princes and States have anciently taken to preſerve the peace of their Kingdoms, to puniſh Malefactors p. 2and 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. ccSee Fredericus Lindebrogus, Codex legū 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: OnelyOnly I cannot pretermit, how I finde the very Title and Office of an Aſſertor, or Juſtice of the Peace, thus expreſſed and deſcribed among the ancient Lawes of the Wiſigoths, (firſt compoſed by King Theodoricus about the yeer of our Lord 437.) ddFredericus 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 ſpeciall and peculiar Office among the Wiſigoths, authorized by Commiſſions from their Kings, to hear and determine matters of the p. 3Peace, according to the Lawes; and that they were comprized under, and honoured with the Title of Judges, by the Lawes of that Nation. To which I ſhall further adde, that among the eeFred. brogus. … Legum. pa: 704 &c.Siculan or Neopolitan Lawes, compiled by the Emperour Frederick the ſecond, about the yeer of our Lord 1221. Conſtitutionum Sicularum. l. 1; Tit. 8. De cultu Pacis, & Generali Pace in regno ſervanda. I meet with Juſticiarii Regionum, Juſtices of Peace appointed in every County, who were to preſerve the peace of the Kingdom, in all and ſingular parts of that Realm, to whom all complaints of breach of the peace, violence and crimes were to be made. And Tit. 41. De Officio JUSTITIARIATUS, I read both the Title, Office and Commiſſion of theſe Juſtices thus ſet forth, almoſt in paralel terms with our Commiſſions of the Peace at this very day.

Juſticiarii nomen & normam jus & juſtjtiam contulerunt, quibus quantò magis in nomine ſunt affines, tanto eorum veri & ſolliciti debent eſſe cultores. Hinc eſt quod ipſorum judiciis cauſae capitales maximè reſervantur, & quod ipſorum officium debet eſſe gratuitum, nec ipſum licet alicui pretii venalitate mercari: Quae igitur ad ipſorum cognitionem pertinent, praedeceſſorum nostrorum aſſiſiis comprehenſa, apertius diffinimus: Latrocinia ſcilicet magna, furta, fracturae domorum, inſultus excogitati, incendia, inciſiones arborum fructiferarum & vitium, vis mulieribus illata, duella, crimina Majeſtatis, arma moluta, defenſae impoſitae & contemptae aliis vel pro aliis ab eiſdem, & generaliter omnia, de quibus convicti poenam ſui corporis, vel mutilationem membrorum ſustinere deberent. Magnum autem furtum accepimus, ultra viginti anguſtales, etiamſt civiliter de furto ipſo agatur; ut etiam tamen de quantitate minori coram juſticiario ad corporalem poenam criminaliter poſſit accuſatio intentari, &c. Tit. 43. This Oath is preſcribed both to the chief Juſtice and Juſtices of Provinces of inferiour rank, when they took their Places. Ʋt Deum & Juſtitiam babendo prae oculis, Ʋnicuique juſtitiam faciant fine fraude; & 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 generall Inquiries throughout their ſeverall Provinces and parts of Provinces, of Malefactors, perſons p. 4of 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 foreign, or Pacis Cuſtos, a Keeper or Juſtice of Peace, which it ſeems was an Office even among the ancient Grecians. All which none of our Writers of Juſtices of the Peace having formerly obſerved, I thought not impertinent briefly to touch for their greater honour and encouragement.

When Juſtices of Peace were firſt inſtituted in England, is not much materiall: ff4. 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 conſervatiō of the Peace: others deem them more ancient, and many **Daltons Juſtice of Peace. Spelmanni Gloſſarium, p. 407. Minſhews 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 poynt, but proceed to what I intend.

In the Parliament of 6 E. 3. rot. Parl. n. 5, 6. Sir Jeoffry le Scroop, in the preſence of the King, Prelates, Lords and Commons, by the Kings command, declared, That this Parliament was called as well to redreſſe the breach of the Law and Peace, as for the King's going to the Holy Land; for which end he deſired their councell and advice: Whereupon the Biſhops and Proctors of the Clergy went by themſelves, and the Earls, Barons and other great men by themſelves, to conſult therein: After which the Biſhops and Proctors of the Clergy returned this Anſwer, That it did not properly appertain to them to give any councell in matters of Peace, and to preſcribe puniſhments for Malefactors. The Earls, Barons and other great men returning afterwards; anſwered all to the King by the mouth of Beamont, That they think the beſt courſe to preſerve the Peace is, That certain Justices ſhould be conſtituted in every County, and have power to appoint in every Pariſh certain men with the Conſtables, for the apprehending of Malefactors, and for the levying of bue 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, p. 5Prelates, Earls, Barons, and other great men, and likewiſe by the Knights of Shires, and Commons in Parliamenc, that a ſentence of Excommunication, then read and approved, ſhould be publiſhed in every Church throughout the Realm, To excommunicate all breakers of the Peace, and all ſuch as ſhould defend and receive them, or be privy thereto.

In the Parliament of 8 E. 3. rot. Parl. n. 5. (not printed) it was enacted, that Juſtices of the one Bench and of the other, Juſtices of Aſſize, and Juſtices of the PEACE in every County, ſhall enquire and determine of falſe Jurors and Maintainers: And the King by his Letters Patents hath charged all Archbiſhops and Biſhops weekly to pronounce in every Pariſh an excommunication againſt all ſuch Offenders.

In the Parliament Rolls of 17 E. 3. there are theſe notable Acts of Parliament, and Petitions concerning Juſtices of the Peace, their neceſſity, authority, commiſſion, &c. never yet publiſhed in print to my knowledge.

Num. 10. Item, it is to be remembred, that on Friday the ſecond day of May, our Lord the King, the ſaid Prelates, Earls and Barons, and other great men, and the Commons came into the white Chamber, and there the Chancellour propoſed on the behalf of our Lord the King, how the King upon his return out of Brittain, had underſtood, That divers oppreſſions and grievances had been done to his people of England, as well in his abſence as in his preſence, and that the Law of the Land was not at all ſo well maintained as it ought, becauſe of divers Impeachments and maintenances made in divers manners. And how the King deſired Soveraignly, That the Law ſhould have its equall courſe between the poor and the rich, and that it ſhould be held and maintained in its right courſe without impeachment: wherefore our Lord the King would have their councell and advice, How ſuch impeachment and vicious maintenance might be beſt removed, and the Law beſt kept and held in its right courſe, in ſuch ſort, as it might be equall to the poor and to the rich. And upon this, were the ſaid Prelates, Earls, Barons, and other great men charged by themſelves, and the ggTherefore the Houſes were then ſeverall, and their conſultations too.Commons by themſelves, to treat and aduiſe, and to report their advice on Saturday next enſuing: At which day the p. 6Knights 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 hhOu miestra ſerra.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.

p. 7It 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 tbe 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 iiOrdinances 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 Ʋnder-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 p. 8to 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 tbey 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 Goaldelivery; 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, p. 9but 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 p. 10be 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 Nota.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 Nota.OTHERS IN THEIR PLACES who are leſſe ſufficient.

p. 11Anſw. 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 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 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 p. 12in 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 p. 13undone 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, Nota.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.

p. 14Anſw. 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 onelyonly.

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 p. 15Aſſize, and that the Statute lately made of thoſe who give liveries of Hats, and other liveries, to cauſe maintainance, be duly executed, according to the effect thereof. Item, to enquire of all thoſe who ride with great routs, in affray of the Peace, to do evil; and likewiſe of all thoſe who lye in wait to kill, rob or maim people; and of all thoſe, who upon any of the ſaid Treſpaſſes ſhall be indited, and thereupon convicted, that they ſhall forfeit their Goods and Chattels to the King, and be impriſoned for a yeer and one day; and if they have no Chattels, that they ſhall be impriſoned for two yeers, without being let to mainprize or Bail, or other manner whatſoever, without ſpeciall command of the King; and that then upon their deliverance, they ſhall find ſurety ſufficient upon a certain pein, for their good behaviour towards the King and his people.

Anſw. The King willeth and commands by aſſent of the Lords temporall, that they ſhall have ſuch power as they had by the laſt Commiſſion; that they ſhall have ſpeciall power to hear and determine concerning the death of a man, and of Extortions, and of thoſe who ride armed, or with force. and in routs beyond the Peace, and in affray of the people; and of thoſe who lye in wait for people to maim or kill them, and of thoſe who uſe Hats or other liveries, to incite by confederacy, or to make maintainance againſt the defence and form of the Statutes and **Statutes and Ordinances of Parliament were then both one.Ordinances heretofore made. Provided alwayes, that in difficulties concerning Extortions, one of the King's Justices of the one Bench or other, or of the Justices aſſigned to take Aſſizes, at leaſt, ſhall be preſent before they proceed to judgement in this behalf. And as to the forfeiture and penalties demanded, the King will be adviſed: But he willeth, that the Lawes before uſed in ſuch caſe, be put in due execution. And it is to be remembred, that the Prelates and the Clergy made their Proteſtation in this Parliament expreſly, upon this new grant, to hear and determine Extortions; that it is not as yet paſſed, neither ſhall ever paſſe by their aſſent or will, to the blemiſhing of the liberty of holy Church, nor otherwiſe would they give their aſſent, unleſſe it might be done in times to come, as it hath been duly done and uſed before this times. To which was replied by our Lord the King; That p. 16the 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 vertue of his Oath made at his Coronation.

Numb. 39. Item, That the Juſtices aſſigned for to keep the Peace, ſhall keep their Seſſions according to the Statute, and that every Juſtice ſhall have for his Wages, for every day that they hold their Seſſions, half a Mark, and their Clerk two ſhillings, out of the fines and amercements, as well within franchize as without, ariſing in their Seſſions; and that the Juſtices upon the Articles aforeſaid, may be choſen by the Lords and Knights of Shires in this preſent Parliament; that is to ſay, eight perſons at the moſt, of the moſt ſufficient Knights and Eſquires Nota.in every County, of which two ſhall be skilfull 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 yeer, ſhall cauſe to be delivered to the Sheriffs of their Counties, their Eſtreats of Fines, Iſſues and Amercements above-named by Indenture; and that the ſaid Sheriffs may have warrant by Writ to pay the ſaid Juſtices their foreſaid Wages from Seſſion to Seſſion, taking acquitances to the ſaid Sheriffs under the ſeal of the ſaid Juſtices: for the w^ch due allowance ſhall be made to the ſaid Sheriffs in the Exchequer upon their accompt: and that the other part of the ſaid Indenture, ſealed under the ſeals of the ſaid Juſtices and Sheriffs, ſhall be ſent into the Exchequer, for to charge the Sheriff to Ievy that which ſhall be arrear above the Wages aforeſaid, to the uſe of our Lord the King: And that Proclamation may be made of the Statutes and **Ordinances and Statutes then were one and the ſame.Ordinances aforeſaid, twice every yeer, at the comming of the Juſtices of Aſſize into the Country; and in caſe there be no comming of the ſaid Juſtices into the Country or that it be delayed, ſo as the Aſſizes do not hold, that then Proclamation ſhall be made of the ſaid Statutes and **Both joyned 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.

p. 17Anſw. 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 onelyonly, out of the iſſues of the ſaid Eſireates, in the form as is demanded: and the ſaid Juſtices ſhall hold their Seſſions four times a yeer in every County, and every time two or three dayes together, according as the County is greater or ſmaller, and according as the ſaid Juſtices ſhall have buſineſſe before them; ſo as theſe their quarter Seſſions ſhall be holden every yeer, throughout all and every part of every County, but not more often then is aforeſaid, unleſſe there be neceſſary cauſe, which requires more haſty remedy: And the King our Lord willeth, that the Sheriffs of every County ſhall be commanded to make the ſaid Proclamation in full County at the command of the ſaid Juſtices, once or twice in a yeer: And as to the Indentures and manner of paying of the Wages aforeſaid, it pleaſeth the King that it be done in manner as is demanded: And as concerning the number and names of the ſaid Juſtices delivered before in Parliament in writing, the King our Lord will adviſe: And as to this, that the ſame Juſtices may have the ſaid power to hear and determine the death of a man, and the other things aforeſaid: Let them be ſworn to do every one right, in ſuch manner as the Juſtices of the King are on their part ſworn and make oath.

After which I find, Num. 40. A Declaration made upon the Power given to Juſtices of the Peace, of which there is a certain Act enrolled in the Roll of the Parliament, An. 3. (in form as followeth.)

And it is to be remembred, that in Eaſter Term next after the end of this Parliament, the Lords temporall, aſſembled at Weſtminſter in a great Counſell there held, cauſed there again to be read before them the enrolment of the **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 Chancellour, Treaſurer, and of all the Juſtices; and there the ſaid Lords temporall, made a Declaration of the power of Juſtices of Peace aforeſaid; for they there ſaid, that their intent was in the ſaid Parliament, although it was not cleerly enrolled at that time, that among other Articles and Points, the ſame Luſtices of the Peace ſhould have power to hear and determine all manner p. 18of Extoritions, as well at the ſuit of the King, as of the party; and of certain other Articles comprized in the ſaid power, they ſhould likewiſe make a Declaration; and thereupon there was a certain Note made of the Commiſſion, by advice of all the Juſtices of our Lord the King, as well of the one Bench as of the other there preſent; and this Note being read in the ſaid Counſell before them, they all aſſented to the ſaid Note, and it pleaſed them well, that it ſhould paſſe 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 incloſed in every of the ſaid Writs; of which Writs and Cedule, which were likewiſe made by advice of the King's Counſell, 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 incēdio 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 Iuſticiarios noſtros ad inquirendum p. 19per 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 StatutesOrdinationum Staintorum praedictorum, ſeu in enervationem earundem in aliqua praeſumpta vel attemptata fuerint, tam ad ſectam noſtram quàm aliorum p. 20quorumcunque 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 conjoyned 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, Iuſticiarios 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 & Iuſticiariis 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 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, & ‖‖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 p. 21noſtra 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.

p. 22The OATH of a Juſtice of Peace.

YOƲ 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, aaOrdinances 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 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 p. 23of 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 p. 24four 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 Ʋnder-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 Note.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 aa8 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 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 p. 25ſorts; 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 aa18 E. 3. c. 2 34 E. 3. c. 1. 2 H 5 c. 1. 18 …. 6. c. 11. See. Exod. 18. 21.Exod 18:21diſcreet 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 bb2 Chron. 19. 11. Ezr. 10. 4. J…ſh. 1. 7. 1 Chron. 22. 132 Chr 19:11Ezra 10:41 Chr 22:13courage; 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, cc18 H. 6. c. 11 2 R. 2. n. 50.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 ddExod. 18. 21 2 Sam 23 3. 2 Chron. 19 7.Exod 18:212 Sam 23:32 Chr 19:7fear 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 p. 26and 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 eeSee 4 H. 7. c. 12 8 H. 6. n. 69.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 onelyonly theſe cauſes of uncommiſſioning and outing any Juſtices of Peace: Firſt, ff13 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, gg28 H 6. c. 11corruption, miſdemeanour or hh4 H. 7. c. 12.negligence in the diſcharge of this publike office of truſt: Thirdly, ii13 R. 2. c. 7. 8 R. 2. Dorſ. Clauſ. n. 5. Co. 4 Inſtit. p. 176Retienorſhip, 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, kk1 R. 2. n. 89. 51 E. 3. n. 59.age or infirmity of body to diſcharge this truſt: Fiftly, ll2 H. 5. c. 4. 2 H. 5. Parl. 2. c. 1. 1 Mariae, c. 8. Seſſ. o. 2.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 forth of Commiſſion without any ſuch juſt cauſes as theſe, or the like, Some learned men conceive, a Writ of Restitution lyes upon a motion in the King's Bench, to the Chancellour or Commiſſioners of the great Seal, to put him into the Commiſſion of the Peace again, in caſe they refuſe to do it voluntarily, as well as againſt a mmSee 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, Free-man or Common-Councell man out of his Place or Office, without a juſt and p. 27legall cauſe, there being the ſelf-ſame reaſon, and ſo the ſelf-ſame Law for both.

Sixtly, that Juſtices of the Peace may ſometimes be put into, and ſometimes thruſt out of Commiſſion by corrupt and ſiniſter means and falſe ſuggeſtions, and that ſuch an abuſe is worthy the ſerious conſideration and reformation of a Parliament.

Seventhly, that honeſt and able nn18 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 oo14 R. 2. c. 11.wages to defray their extraordinary expences, eſpecially at generall Quarter Seſſions, hath been a great occaſion of inducing them to be ſlack and negligent in the diligent and zealous execution of Juſtice, and attending at the Seſſions.

Ninthly, that the power and juriſdiction of Juſtices of the Peace ſince their firſt inſtitution, hath been much enlarged by ſundry new Acts of Parliament and Commiſſions; and that the greater authority they have given them, the more are they enabled to promote the Republicks peace and happineſſe.

Tenthly, that no Juſtice of Peace ought to act as a Juſtice before he be actually ſworn; and that the Juſtices of the King's Bench and Common-Pleas, and Juſtices of the Peace took anciently one and the ſelf-ſame Oath.

Eleventhly, that the form and ſubſtance of the Commiſſions of the Peace, and Oath of Juſtices of the Peace, were originally ordained by conſent in Parliament.

Twelftly, that Biſhops in former times were great countenancers of **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 ppSee 20 E. 3. n 35. 38. 7 H. 8 Kelway 1 84. 8 7 R. 2. c. 12. 20 E. 3. c 9. Cromptons Juriſdiction of Courts, …. 19.good and valid, though all the Biſhops (whiles Members) proteſted againſt it, as null and voyd.

Laſtly, that Ordinances and Acts of Parliament, were anciently both one in ſubſtance, and uſed promiſcuouſly one for another, and were made by joynt conſent both of the p. 28King, Lords and Commons in Parliament, and therefore Ordinances of Parliament bound the Subjects as really, as far and long as Statutes, as well after Parliaments ended, as during the Seſſions wherein they were made: Which is evident by the premiſes, by moſt Prologues to our printed Statutes at large from King Edward the third, to Edward the ſixt, by ſome hundreds of printed Acts and Statutes, by this clauſe of the Writ for the election of Knights and Burgeſſes; Ad faciendum & conſentiendum his quae tunc ibi de communi conſilio Regni noſtri (favente Deo) contigerit ORDINARI, (from which word Ordinari, this title of Ordinance was derived:) and by the Rols of Parliament, w^ch make expreſſe mention of Ordinances of Parliament as all one with Acts and Statutes, as 15 E. 3. n. 15, 17 E. 3. n. 8. 21 E. 3. n. 8, 16. 27 E. 3. n. 1. Rotulus Ordinationum, 20 E. 3. n. 12, 13. 28 E. 3. n. 10, 16, 55. 37 E. 3. n. 12, 38. 40 E. 3. n. 11. 50 E. 3. n. 10, 12, 13, 75, 79, 34, 110, 186. 51 E. 3. n. 11, 47, 82. 1 R. 2. n. 56. 2 R. 2. n. 46. 2 H. 4. n. 104, 106. with ſundry others, and the Year-books of 39 E. 3. 7. & 8 H. 4. 12, 13.

Indeed I find qq4 Inſtit. p. 25Sir Edw. Cook putting this difference between an Act of Parliament, and an Ordinances; that an Ordinance wanteth the threefold conſent (which an Act alwayes hath) and is ordained by one or two of them: which he endeauours to prove by 25 E. 3. n. 16, &c. 37 E. 3. n. 39. 1 R. 2. n. 56, &c. to which he might have added, 27 E. 3. n. 19. But under his favour, theſe Records will neither prove nor warrant his difference: for firſt, there was the conſent of the King, Lords and Commons to the Ordinance concerning Apparell, 37 E. 3. n. 38, & 39. which was commanded to be ſtrictly executed as a Law, till the next Parliament: So as this Record is point-blank againſt him in that very thing for which he cites it: and his firſt Record of 25 E. 3. n. 16, &c. hath not one ſillable in it concerning Ordinances of Parliament, or to warrant any difference betwen Acts and Ordinances, for which he quotes it, which is cleerly refuted by this notably Record of 50 E. 3. n. 47. where The Commons Petition the King, That NO STATƲTE NOR p. 29ORDINANCE may be made or granted at the Petition of the Clergie, without aſſent of the Commons; and that the Commons ſhall not be bound by any of the Clergies conſtitutions, made without their aſſent; for they will not be obliged to their aaTherefore 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 Preſidents he cites, and no Ordinance nor Preſident is produced by him▪ of any Ordinance made by the Lords or Commons joyntly or ſeverally, without the King's conſent thereto. Thirdly, 27 E. 3. n. 19. puts a difference between Ordinances of Parliament, and bbSir 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 Counſell alone, without the Lords and Commons aſſent; the one being to be entred in the Parliament Rolls, as binding Laws, the other not. Fourthly, all that 1 R. 2. n. 56. proves, is but this, That the Kings ſole anſwers to the Cōmons Petitions (eſpecially without the Lords concurrent aſſent) makes them ccSee 21 E. 3. n. 43, 46, 47, 52.no Acts of Parliament, but meerly Ordinances of State, AS SOME AFFIRMED. Whereupon the Commons prayed, That their Petitions, to which King Edward the third in his Parliament held the 50^th yeer of his reign, gave this anſwer, Le Roy le Voet; might be turned into into Acts. But it no wayes proves, that Acts and Ordinances of Parliament are different things, and not one and the ſame, ſince our Parliaments in all Ages have reſolved the contrary. This I ſhall undeniably manifeſt by our printed Statutes at large, which every man may peruſe, becauſe ſome may deem it a dangerous paradox in this innovating and erring Age. That Statutes, Acts and Ordinances of Parliament are all one, is evident. Firſt, by the printed Prologues and preambles to moſt of our Statutes and Acts of Parliament. I ſhall begin with the Preamble to the Statute of Marlbridge made in the two and fiftieth yeer of King Henry the third.

In the yeer of grace 1267. in the two and fiftieth yeer of the reign of King Henry, ſon of King John, in the Ʋias of Saint Martin; for the better eſtate of this Realm ef 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, p. 30AS 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 diſſentions, for reformation whereof, STATUTES AND LAWES be moſt neceſſary, whereby the peace and tranquility 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 generall 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 meer temporary Lawes expiring with the uery 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 rr2 Inſtit. p. 101, 102.Comentary 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 generall Preamble to the printed p. 31Acts 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 yeer of the reign of our ſovereign Lord the King, that now is, of England, the fiftieth: the ſame our ſoveraign 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 quietneſſe of his people, they be firmly kept and holden in all points. Theſe Statutes (being eight in number) are onelyonly termed Ordinances in this Prologue, though Statutes in the Title; and cloſe to, Thus endeth the Statutes, &c.

The generall printed Preambles to the ſeverall 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 Soveraign 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 quietneſſe 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 ſeverall printed Statutes made in the 1, 2, 4, 5, 6, and 9 yeers of King Henry the fourth, and 1, 2, 3, 4, 5, 7, and 9 yeers of King Henry the fifth, uſe theſe expreſſions: At the Parliament holden at Weſtminſter, &c. Our Soveraign Lord the King, by aſſent of the Prelates, Dukes, Earls and Barons, and at the ſpeciall 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 p. 32the 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 alwayes together as one: In 24 H. 8. this generall uſuall Preamble was altered into this new modle: Acts made in the Seſſion of this preſent Parliament, &c. and from that Parliament till this preſent, this ancient uſuall 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 generall Preambles do. 13 E. 1. the Statute of Merchants: The King and his Counſell 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 Forreſt, 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 poynts. 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 Forreſt, 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 p. 33to the effect of the ſame. All theſe Statutes giving the title both of an Ordinance and Statute to Magna Charta, the Charter of the Forreſt, and to all other Statutes formerly made, cleerly 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 Lawes, 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 finde the like. Therefore by all theſe numerous evidences, it is cleer and undeniable, that in all former Parliaments and Ages, Statutes, Acts, and Ordinances, were alwayes judged, reputed one and the ſame, not divers, p. 34and made by the ſelfe-ſame authority and aſſent.

Thirdly, I ſhall make this moſt apparent by ſundry Statutes in print, which expreſly ſtile both generall 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 ſtile Ordinances, Statutes, Acts of Parliament, &c. For this you may peruſe at leaſure the Statute of Marlbridge 52. H. 3. c. 8. If it be found that the Sheriffe 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 Enqueſts: and An ORDINANCE of the Forreſt, 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 Stabliſhment. 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 Councell at Weſtminſter, &c. ſhall be firmely holden and kept FOR A STATVTE TO ENDVRE 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. Ʋpon 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 STATVTE 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: Wee command thee, that thou doe the ſaid ORDINANCES to be p. 35cryed 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 duely kept and put in execution. This Ordinance of Wines ſhall begin to hold place as ſoone, &c. Againſt the forme 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 Harneis within this Realm, contrary to the Statute of Northampton. After, that bear Harneis 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 Ornance p. 36ſhall 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 followes, 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 yeer, ſhall ſtand as a Statute and Law effectuall 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 effectuall 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 aaSee 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 followes, Comprized 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 p. 37and 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 followes, 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 followes, 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 effectuall and avaylable 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 p. 38Sheriffs 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 alwayes, 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 p. 39in 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 ſtiled, 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 ſtiling of Acts and Statutes, Ordinances; and of Ordinances, Acts, Statutes, Lawes, &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 Chancellour, Treaſurer and King's Councell; or by the King and Barons of the Exchequer by authority of Parliament, to ſtand as binding Lawes; 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 Lawes 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 aaSee 46 E. 3. n. 13, 14. 21 E 3. n. 6, 18, 37, 60. 5 H. 4. n. … 45.ancient Parliaments before theſe our dayes, 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 ſtiled an Act or Statute, or both of them, in another; and what is called a Law, a Statute, or Act of p. 40Parliament 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 aa39 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 termes: 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 Carlile, 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. p. 416 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 bbSo Ordinatum eſt per Curiam, is the uſuall 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 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. p. 4230. 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 aaSee my Soveraign Power of Parliaments and KingdomsKingdoms 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 onelyonly 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 p. 434 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 p. 44purpoſes, 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 receipts, disburſments, and malicious, vindictive, injurious actions, to the publike prejudice, and the peoples generall grievance, oppreſſion and diſcontent.

Sixtly, to induce the Houſes of Parliament to conform all their future new Ordinances, and the execution of them, as neer as poſſible, to the forms and rules of Law; and to be very carefull of ſetting up any ſuch new Ordinances (without inevitable neceſſity, and generall inconveniences of dangerous ſequell) to repeal, controle, or give checkmate to the fundamentall known Lawes and Statutes of the Realm, or ſtop the current of the common Law, and publike juſtice: it being an abuſe, a uſurpation of very dangerous and pernicious conſequence, contrary to many Declarations and Remonſtrances of both Houſes, and the very tenour of the ſolemn League and Covenant; wherein they have ſolemnly engaged all three Kingdoms: The bitter fruits of ſuch deſtructive Ordinances we may chance to taſte of, and bewail, when it is too late; ſuch arbitrary and illegall Ordinances wanting pure mettal, as well as the Royall impreſſe, will in concluſion but betray, endanger the Coyners of them, and be branded, rejected for counterfeit Coyn, when brought unto the teſt. Liberavi animam meam. I ſhall adde no more, but recommend theſe brief Collections to Gods bleſſing, and the unprejudiced Readers kind acceptation.

FINIS.

ERRATA.

Page 2. line 12. read Additio. p. 14. l. 4. Item. p. 16. l. 17. Juſtices. p. 19. l. 9. ierint. p. 20. l. 2. terminand. l. 16. tranſgreſſiones. p. 21. l. 33. omittas. p. 2. l. 30. n. 54. p. 28. l. 35. notable.

End of the text · William Prynne, Collection of Statutes and Petitions (1648)