124.

Against Abuse in Appointment of Justices of the Peace

(1439. French text and translation, 2 S. R. 309.)

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11. ITEM, whereas by statutes made in the time of the king’s noble progenitors, it was ordained, that in every county of England justices should be assigned of the most worthy of the same counties, to keep the peace, and to do other things, as in the same statutes fully is contained; which statutes notwithstanding, now of late in many counties of England, a greater number have been deputed and assigned, than before this time were wont to be, whereof some be of small substance, by whom the people will not be governed nor ruled, and some for their necessity do great extortion and oppression upon the people, whereof great inconveniences be likely to rise daily if the king thereof do not provide remedy: the king willing against such inconveniences to provide remedy, hath ordained and established, by authority aforesaid, that no justice of peace within the realm of England, in any county, shall be assigned or deputed, if he have not lands and tenements to the value of XX pounds by year; and if any be ordained hereafter to be justice of peace in any county, which hath not lands and tenements to the value aforesaid, that he thereof shall notify the chancellor of England for the time being, which shall put another sufficient in his place; and if he give not the said notification as before, within a month after that he hath notice of such commission, or if he sit, or make any warrant or precept by force of such commission, he shall incur the penalty of XX pounds and nevertheless be put out of the commission as before and the king shall have one half of the said penalty, and he that will sue for the king, the other half; and he that will so sue for the king, and for himself, shall have an action to demand the same penalty by writ of debt at the common law. Provided always, that this ordinance shall not extend to cities, towns, or boroughs, which be counties incorporate of themselves; nor to cities, towns, or boroughs which have justices of peace of persons dwelling in the same by commission or grant of the king, or of his progenitors: provided also, that if there be not sufficient persons having lands and tenements to the value aforesaid, learned in the law, and of good governance, within any such county, that the chancellor of England for the time being shall have power to put other discreet persons learned in the law, in such commissions, though they have not lands and tenements to the value aforesaid, by his discretion.

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