dispense with the residence of lords, and justices of assize, because men of the same county, inhabiting in the county where they are justices of peace, in regard of their other employments in the commonwealth, which necessarily requireth their absence, and so it amounteth only to a dispensation for their residency.

Objection. The common practice is, that the lord keeper doth appoint whom he pleases, and that by virtue of the statute of 18 Henry 6. cap. 1.

Solution.

True; such is the "practice: but the doubt is, how warrantable his act is? for the statute of 18 H. 6. doth

give the lord chancellor (alone by himself) no other power, but in case there be no men of sufficiency in the county, and where none of twenty pounds per annum are to be found. For, in such case, he hath power to appoint such as he conceives are men most fit. But, in case there are men of sufficient estates in the county to be found, he must join with the others mentioned in the statute, viz. the treasurer, privy seal, &c., who have a joint and undivided power with him.

If this be so, then it may be doubted, whether the lord viscount Faulkland, being no peer of the realm, sir Peter Miche, sir Edward Nichols, of late put into the commission of the peace, in many counties of this kingdom, are, by the law, capable of being justices of the peace in those counties where they do not reside. Et sic de similibus.

Quære, also, whether a justice of the peace, being once legally chosen according to the statute before mentioned, may be put out at the pleasure of the lord keeper alone, without any just cause alledged; for, being a justice of record, whether some matter of record must not appear to disable him? for, being settled by law, he is to be displaced by law, and not upon displeasure or surmise.

3. A third officer is, the lieutenants in every county, in former times known (for the name only is out of use) by the name of herotoch, Lamb. Saxon Laws, fol. 136. And here will fall into debate the ordinance in parliament, about the settling of the militia of the kingdom.

The choice of these, as was formerly mentioned, was by the freeholders in the county court; but of later times they

have exercised the same power, being appointed by the king, under the shadow of his prerogative.

First, it is to be demanded, whether the king's prerogative can take away that ancient right, which the subjects had, by law, invested in them? If so, then the king, by his prerogative, may do wrong, which is contrary to a maxim in law. Fortesque de Legibus, &c., fol. 25. If not, then whether the power of choosing a lieutenant, or herotoch, doth not yet remain in the subject, so as they may now choose one as well and by the same right they did in former times?

If freeholders of a county may yet choose, then I conceive the parliament, being the representative body of the whole kingdom, may appoint lieutenants; because they include them, or, at least, they are not excluded from such a power, no more than where the statute, giving power unto justices of peace to inquire of a riot, doth exclude the power of the king's bench; which no man will affirm. And therefore the ordinance of the militia is legal.

That the parliament hath power to make an ordinance, may be proved à minori. For,

If the inhabitants of a town, without any custom to enable them, may make an ordinance or bye-law, for the reparation of their church, highway, or bridge in decay, or any the like thing, being for their publick good, and upon a pecuniary pain, in case of neglect, and if it be made by the greater part, that it shall bind all within the town, as hath been agreed for law. 44 Ed. 3. fol. 19.; Cook, lib. 5. fol. 63.; the Chamberlain of London's case; Clarke's case; and Jefferyes's case;

ibid. fol. 64, 65.

If a township be amerced, and the neighbours, by assent, shall assess a certain sum upon every inhabitant, and agree, that if it be not paid by such a day, that certain persons thereto assigned, shall distrain; and, in this case, the distress is lawful. Doctor v. Student, fol. 74. 6. cap. 9.

If a bye-law, that every one that holdeth land shall pay one penny towards the reparation of a church, and, for nonpayment, shall forfeit to the churchwardens twenty shillings, be good and doth bind, as the book saith, 21 H. 7. fol. 20., holdeth.

If a town make bye-laws, and they shall bind every one of the town, if it be for the common good, as 11 H. 7. fol. 14., then by the same reason may the parliament make ordinances and bye-laws, for the common good of the kingdom, as shall bind all. For, if a town may make ordinance, much more may the knights and burgesses of the parliament, because they have their power ad faciendum et consentiendum; as appeareth of record under their hands and seals in chancery, in their return of their several elections for, knights and burgesses.

Lastly. As every private man is, by law, bound to preserve the peace; as in case an affray be made by two, and a third man standing by shall not use his best endeavor to part them, and preserve the peace, he may be indicted and fined for it; why may not the parliament, being entrusted with the preservation of the peace of the realm, make an ordinance for the preservation of the peace in case of apparent danger?

Ordinance made in parliament, 8 Ed. 2., for the preservation of the alienation of the king's land, and fines set upon such as presume to break them. Rot. Parl. 28 H 6. Art. 29.

The judges and courts at Westminster may make an ordinance, for fees to be paid unto the clerk of their courts, and for bar fees taken by sheriff and gaolers. 21 H. 7. fol. 17.

An ordinance made in parliament, 21 Ed. 3. fol. 60, for exemption of the Abbot of Bury from the jurisdiction of the bishop of Norwich. Selden's Titles of Honor, p. 702., 12 H.

7. fol. 25.

Heyborne and Keylond's case, M. 14 Ed. 4. Rot. 60., in Banco. Reg. Crook, page 25., who had his money taken away from him by virtue of an ordinance, and was adjudged that the ordinance did bind him.

Whether an infant may be a colonel, admiral, &c.

1. None, by the intention of the law, can do knight's service, before he be twenty-one years of age.

the reason of wardship.

And this is

2. It is an office of trust, which may not be executed by a deputy.

3. Such an office requires personal attendance, for, otherwise, the county may be overthrown unawares, in the absence of such a governor from his charge.

D.

A Sketch of English Affairs, from the Dissolution of the third Parliament, to the raising of the King's Standard at Nottingham; from a Speech by Sir Arthur Hazlerig, on the 7th of February, 1658.

THE Council table bit like a serpent; the star chamber like scorpions. Two or three gentlemen could not stir out, for fear of being committed for a riot. Our souls and consciences were put on the rack by the archbishop. We might not speak of scripture, or repeat a sermon at our tables. Many godly ministers were sent to find their bed in the wilderness. The oppression was little less in the lower courts and in the special courts.

Altars were set up, and bowing to them enjoyned; pictures were placed in church windows, and images set up at Durham, and elsewhere; with many other exorbitancies introduced, both in church and state. The archbishop would not only impose on England, but on Scotland, to bring in the book of common prayer upon them. They liked it not; and, as luck would have it, they would not bear it. He prevailed with the king to raise an army to suppress them. The king prevailed with his nobles to conquer them into it He went to their country, and finding himself not able to conquer them, came back.

We had,

He called a parliament, which was named the little, or broken, parliament; disbanded not his army, but propounded that we should give him a great sum to maintain the war against Scotland. We debated it, but the consequence of our debate made him fear we would not grant it. if he had suffered us to sit. Then did Strafford and his council advise him to break us and to rule arbitrarily, and that he had an army in Ireland to make it good. For this, Strafford lost his head. The king suddenly broke that parliament. I rejoice in my soul it was so. He raised the gallantest army that ever was-the flower of the gentry and nobility. The Scots raised too, and sent their declaration

into England, that by the law of God and nature they might rise up for their own preservation; and thus they came into England. At Newburn the armies met. We were worsted. God was pleased to disperse our army, and give them the day. The Scots passed Newburn, and advanced to Newcastle.

Then some of our nobles - Say, Essex, and Scroop,-humbly petitioned his majesty for a parliament. He, seeing danger, called a parliament. This was the long parliament. The first proposition was to raise money for the Scots. We gave them a brotherly assistance of 300,000l. They shewed themselves brethren and honest men, and peaceably returned. Then money was pressed for our own army. The house, considering how former parliaments had been dealt with, was unwilling to raise money till the act was passed, not to dissolve the parliament but by their own consent. It passed freely by king, lords, and commons.

This was wonderful; the very hand of God that brought it to pass; for no man could then foresee the good that act produced.

to his everlasting fame.

The king then practised with the Scots, then with his army, to assist him against this parliament, and to make them sure to his particular interest. Sir John Conyers discovered it, Mr. Pym acquainted the house. Divers officers of the army-lord Goring, Ashburnham, Pollard, and others- were examined here. They all absented. The house desired of the king, that they might be brought to justice; but the king sent them away beyond sea.

Yet

The king demanded five members, by his attorney-general He then came personally to the house, with five hundred men at his heels, and sat in your chair. It pleased God to hide those members. I shall never forget the kindness of that great lady, the lady Carlisle, that gave timely notice. some of them were in the house after the notice came. It was questioned if, for the safety of the house, they should be gone; but the debate was shortened, and it was thought fit for them, in discretion, to withdraw. Mr. Hampden and myself being then in the house, withdrew. Away we went. The king immediately came in, and was in the house before we got

to the water.