[1609/4/26]¹

²Act regarding the commissioners and justices of peace

Forasmuch as amongst the infinite monuments and testimonies of his majesty's true piety, singular wisdom, sincere zeal to justice and fatherly care of his people, the estates of this kingdom have not found any bringing more deserved commendation and permanent renown to his majesty or greater profit, quietness and comfort to his subjects, nor his constant perseverance in his most religious and prudent resolution to extirpate the ungodly, barbarous and brutal custom of deadly feuds, which by the inveterate abuse of many past ages was become so frequent in this realm as the subjects of greatest rank and quality, upon every wicked occasion of base and unworthy controversies of neighbourhood for turf, fold dykes, furrows or marches of lands, foolish words or drunken discords between their meanest servants and dependents and any other in the country, did so readily embrace the protection of their unjust and unnecessary quarrels as did many times involve themselves and their whole friendship in most bloody and mortal troubles, which they did prosecute with such malice and cruelty as to the extreme peril of their soul's infamy, of their memorial and overthrow of their own and their adversary's houses, did distract the kingdom in opposite factions and many times furnished matter of most pernicious, seditious and civil wars, the inconveniences whereof being manifestly seen and sensibly felt, both by the princes and people of this realm, in many past ages, and earnestly sought to have been removed, yet the corruption was so universal that the greatest part prevailing against the best that cruel barbarity has both continuance and daily increases until his majesty, bending the excellent wisdom and rare graces of his royal mind (wherewith God has attributed him more abundantly than any king that ever did reign in this island) against that godless, unnatural and beastly custom, did devise and establish a most godly, just and prudent law and ordinance for the course to be observed for removing upon equitable and just conditions the deadly feuds, which then stood in great number between the most powerful subjects in this kingdom and their kinsmen, assisters and partakers, in the execution whereof, God having miraculously assisted his majesty's most holy and just intention after exceedingly great care and pains taken by his majesty in trial of all the original causes of the said discords, the true circumstances of the injuries and losses sustained by other party and in prescribing due satisfaction to be indifferently made for redress of all past harms and wrongs, his majesty's admirable constancy has so overcome all difficulties that the whole known feuds within the kingdom being now removed by perfect reconciliation and just contentment of all parties having interest therein, his majesty's whole subjects find such joy and happiness in the sweet fruits of his wisdom and providence expressed in that case that they earnestly wish that his majesty, who has so carefully exterminated that abominable pest of deadly feuds, may in his singular wisdom find means forever to prevent the reviving of that monster; wherein his majesty, considering that nothing gave so great growth and strength to that past barbarity as the sloth of magistrates in not suppressing the first feuds of these dissentions, which being small and weak in the beginning, for peats, turf, divots, fold dykes, poindings, neighbourly marches, injurious words or small brawls, were then easy to be settled if diligence and authority had been joined for repressing thereof, which being neglected by those to whom it appertained, these minor disputes and insolencies did very often kindle such flames of disorder, dissention, rancour and feud as in many years with great streams of blood, desolation and ruin of great and ancient houses and races could hardly be quenched; for remedy whereof, his majesty and estates foresaid ratify and approve the former act made by his highness for abolishing of deadly feuds in every head, clause and article thereof, and further statute and ordain that in every shire within this kingdom there shall be yearly appointed by his majesty some godly, wise and virtuous gentlemen of good quality, means and report making residence within the same in such number as the bounds of the shire shall require to be commissioners for keeping his majesty's peace, to whom his majesty, with advice of the lords of his privy council, shall give power and commission to oversee, try and prevent all such occasions as may breed trouble and violence amongst his majesty's subjects or forcible contempt of his majesty's authority and breach of his peace, and to command all persons in whom they shall see manifest intention to make trouble or disorder, either by gathering together of idle and disorderly persons or by public bearing or wearing of pistols or other forbidden weapons and such other riotous and swaggering behaviour, to bind themselves and find caution under competent pains to observe his majesty's peace and for their compearance before his majesty's justice or lords of privy council to underlie such order as shall be found convenient for punishing of their transgressions or staying of troubles and enormities; and if need shall be to require the dutiful and obedient subjects of the shire to concur with them in preventing all such contempts and violence, or for taking and warding of the wilful and disobedient authors, committers and fosterers of these crimes and disorders, under such competent arbitrary pains as his majesty and lords of his privy council shall appoint for the offenders and such of the country as being required shall not give their ready and sincere concurrence to his majesty's commissioners in the premises, whereby the ordinary magistrates and officers within the shires may be the better assisted, and their absence, employments or other impediments more commodiously supplied, without derogation of their jurisdiction or want of ready comfort and justice to the obedient subjects within the bounds thereof, ordaining also the said commissioners to give true advertisement and information to the lords of his majesty's privy council, justice general and his deputes, his majesty's treasurer and other magistrates and officers whom it pertains, of the names of such faithful and unsuspected witnesses and assizers to be summoned in all crimes and disorders which shall happen to fall forth within the said shires as shall be known to be most fit and able for trial and probation of the same, and for eschewing that such as are either aged, sickly or unable to travel or ignorant of the facts to be tried be not unjustly vexed or unnecessarily drawn from their own houses and affairs for matters whereof they are not able to give any light.