Militia old and new one thousand six hundred forty two : read all or none and then censure.

That the Parliament hath power to make an Ordinance, may be proved A minori. For

If the inhabitants of a Towne, without any custome to inable them may make an ordinance, or by-Law for the reparation of their Church, Highway, or Bridge in decay, or any the like thing being for their publike good, and upon a pecuniary paine in case of neglect, and if it be made by the greater part, that it shall bind all with∣in that Towne, as hath beene agreed for Law. 44. Ed. 3. fol. 19. Cook. lib. 5. fol. 63 the Chamberlaine of Londons case, Clarkes case and Jeffryes case. ibid. fol. 64, 65.

If a Township be amerced and the Neighbours by assente shall assesse a certaine sum upon every inhabitant, and agree that if it be not payd by such a day, that certaine persons thereto assigned shall distraine: and in this case the distresse is lawfull. Doctor and student, fol. 74.6. cap. 9.

If a by-Law that every one that holdeth Land shall pay 1.d. to∣wards the reparation of a Church, and for non payment shall forfeit to the Church-wardens 20.s. be good and doth bind, as the booke saith 21. H. 7. fol. 20 Holdeth.

If a Towne make by-Lawes, and they shall binde every one of the Towne if it be for the common good, as 11. H. 7. fol. 14. then by the same reason may the Parliament make ordinances, and by-Lawes for the common good of the kingdome, as shall bind all. For if a Towne may make Ordinances much more may the Knights and Bur∣gesses of the Parliament, because they have their power ad faciendum & consentiendum. As appeareth of record under their hands, and

seales in Chauncery, in the returne of their severall elections for Knights and Burgesses.

Lastly, as every private man is by Law bound to preserve the pe••ce, as in case an affraye be made by two, and a third man standing by shall not use his best indeavor to part them, and preserve the peace, he may be indited and fined for it: why may not the Parliament being intrusted with the preservation of the peace of the Realm, make an Ordinance fot the preservation of the peace in case of apparant danger?

Ordinance made in Parliament 8. Ed. 2. for the preservation of the alienation of the Kings Land, and Fines set upon such as presume to breake them. rot. Parl. 28. H. 6. art. 29.

The Judges and Courts at Westminster, may make an Ordi∣nance for Fees to be paid unto the Clearke of their Courts, and for bar fees taken by Sheriff and Jaylors. 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, Seldens Titles of Honor. pag. 702. 12. H. 7. fol. 25.

Heyborne and Keyl••nds case. M. 14. Ed. 4. rot. 60. in Bauco Reg. Crooke pag. 25. who had his money taken away from him by vertue of an Ordinance, and was adjudged that the Ordinance did bind him.