Preort-rcine (priest-shire), the share, division, or jurisdiction of a priest.

Kent was divided into parishes by Abp. Honorius (circ. A.D. 630), but as the other kingdoms of the Saxon Octarchy had not then embraced Christianity, this ecclesiastical division must necessarily have occurred at a much later period in those kingdoms. It is, however, probable that these ecclesiastical subdivisions arose by degrees, and from time to time, as the diffusion of Christianity amongst our Saxon ancestors rendered a further subdivision of each diocese necessary.

It has been supposed that parishes were first erected by the council of Lateran (A.D. 1179), but they have undoubtedly an earlier origin, being mentioned in the laws of King Edgar, about the year 970, which prove that England was then generally divided into parishes; and it seems pretty clear and certain that the boundaries of parishes were originally ascertained by those of a manor or manors, since it very seldom happens that a manor extends itself over more parishes than one, though there are often many manors in one parish; but, at present, the boundaries of the one afford no evidence of the boundaries of the other.44

We will only further remark that much confusion has arisen from the indiscriminate use, by county historians, of the civil (or common-law), borowe, or towne, and of the ecclesiastical parish. The latter has, however, almost entirely superseded the former of these subdivisions; and it is probable that the civil or common-law nomenclature will soon sink into desuetude, inasmuch as the antient subsidy rolls and courts leet (in which it chiefly obtained) are almost forgotten, and the ecclesiastical division of the parish has usurped its place.

It is curious, however, to contemplate the degrees by which this remarkable transition has taken place. We attribute it to

44 I Blacks. Comms. 111.

the introduction of the laws for the relief and maintenance of the poor; before which period the civil or common-law denomination of the territorial districts universally prevailed.

This will appear by a concise induction of particulars relating to that stupendous system of national charity universally known by the name of "the poor laws."

Antiently the maintenance of the poor was chiefly an ecclesiastical concern: a fourth part of the tythe in every parish was set apart for that purpose; the minister, under the bishop, had the principal direction in the disposal thereof, assisted by the churchwardens, and other principal inhabitants. Hence naturally became established the parochial settlement. Afterwards, when the tythes of many of the parishes became appropriated to the monasteries, those societies had some share likewise (by reason of the tythes and other donations for that purpose) in the relief of the poor, and the rest was made up by voluntary contributions.

By an act, A.n. 1535 (27 Hen. VIII, cap. 25), the churchwardens and two other of every parish were to make collections for the poor; and by act, A.D. 1562 (5 Eliz. cap. 3), the parishioners were to choose the collectors and gatherers for the poor; and by statute, A.D. 1572 (14 Eliz. cap. 5), the justices were to appoint collectors for the poor within every parish, and also the overseer; by act, A.D. 1576 (18 Eliz. cap. 3), the justices were to appoint collectors and governors of the poor; by statute, A.D. 1597 (39 Eliz. cap. 3), the churchwardens of every parish, and four substantial householders there, being subsidy men, to be nominated yearly in Easter week, by two justices, were to be called overseers of the poor of the same parish: and so it continues, with some small variation, by statute, A.D. 1601 (43 Eliz. cap. 2), which is the great constitution of the system of law concerning the poor.

45 4 Burn's Justice, 2.

45

Thus we see that the whole of this stupendous system is regulated upon the basis of the ecclesiastical or parochial division.

In Kent the parishes are generally co-extensive, and conterminous with the antient civil or common-law district of the borowe or towne, but not always so; frequently a parish comprises two or more of those borowes or townes, as well as two or more manors; and some townships, vills, or hamlets, are altogether extra-parochial.

Hence it appears by what slow and almost imperceptible degrees the parochial has superseded the antient Saxon division of the borowe or towne.

Having mentioned "Justices of the Peace," it may not be without historical interest to take a brief view of the origin of an office which appears to be an institution in direct violation of Magna Charta, which, as we have seen (ante, p. 48), provides that no man shall be condemned "nisi per legale judicium parium suorum," that is, by a jury of his peers, or equals, consisting of twelve men.

In antient time there were two sorts of "conservators of the peace" in this realm: the first were those who had this power annexed to some office which they held; and the second were without any office, and simply and merely “conservators of the peace," who claimed that power by prescription, or were bound to exercise it by tenure of their lands, or, lastly, were chosen by the freeholders, in full county court, before the sheriff, by force of the king's writ, out of the principal men of the county, after the return of which the king directed his writ to the person elected, commanding him to take upon him and execute the office, until he should command otherwise.

Their office was "to conserve the king's peace," and to

protect the obedient and innocent subjects from force and violence.

In this manner the conservatores pacis were constituted, till by statute, A.D. 1327 (1 Edw. III, cap. 16), it was ordained, that for the maintenance and keeping the peace in every county, good men and lawful, who were no maintainors of evil, nor barretors, in the county, should be assigned to keep the peace; and thus was the election of "conservators of the peace "taken from the people and given to the king, this assignment being construed to be by the king's commission : still they were only called conservators, wardens, or keepers of the peace, till the 34th of King Edward the Third, when by statute, A.D. 1360 (34 Edw. III, cap. 1), they had power given them of trying felonies, and then they acquired the more honourable appellation of "justices of the peace."

These justices are now appointed by the queen's special commission under the great seal. Originally they should be two or three of the best reputation in each county; afterwards it was provided that one lord and three or four of the most worthy men of the county, with some learned in the law, should be made justices in every county; after this the number of justices, through the ambition of private persons, became so large, that it was thought necessary by statute, in the twelfth and fourteenth years of King Richard the Second, to restrain them, at first to six, and afterwards to eight only.

This rule is now disregarded, which seems to be owing to the growing number of statute laws (especially the poor-laws) committed from time to time to the charge of justices of the peace.

NAMES OF PERSONS CONSTITUTED CONSERVATORS OF THE PEACE FOR THE COUNTY OF KENT.

(Rym. Fœd., vol. i, p. 792.)

Henry de Monteford, Bartholomeus de Burgherst, Johannes de Ifield. [Pat. 48 Hen. III. Pat. 1 Edw. III, 1. pars. memb. 7ma. in dorso.] Bartholomeus de Burgherst, Johannes de Cobham, Johannes de Ifield. [Pat 3 Edw. III, 1. pars. memb. 16. in dorso.]

Johannes de Cobham, Johannes de Ifield. [Pat. 5 Edw. III, 1m3. pars. memb. 24. in dorso.]

Willielmus de Clinton, Johannes de Cobham, Johannes de Segrave, Thomas Tres vel duo eorum. [Pat. 6 Edw. III, 1m. pars. memb.

de Feversham.

22. in dorso.]

Willielmus de Clinton, John de Cobham, Galfridus de Say, John de Segrave, Otho de Grandison, Thomas de Feversham. Quinque, quatuor, tres, et duo eorum. [Pat. 6 Edw. III, 1m. pars. memb. 11. in dorso.]

Johannes de Cobham, Thomas de Aldon, Johannes de Segrave. De confirmatione pacis ac statuti Northampton et cujusdam ordinationis, ne qui alicubi incedant armati ad terrorem populi. [Pat. 9 Edw. III, 2da pars. memb. 24. in dorso.]

Willielmus de Clinton, Radulphus Savage, Thomas de Aldon, Johannes de Hampton, Willielmus de Reculver, quatuor, vel tres eorum. De feloniis

et malefactoribus notorie suspectis insequendis, et de audiendo et terminando felonia, transgressiones et excessus. [Pat. 10 Edw. III, 2da. pars. memb. 18. in dorso.]

Johannes de Cobham, Thomas de Aldon, Thomas de Brockaull, Willielmus de Orlanstone. Tres vel duo eorum. Jo. de Warrena, com. de Surry. Willielmo de Clinton, com. de Huntingdon, quos, &c. [Pat. 12 Edw. III, memb. 16. in dorso.]

Johannes de Cobham, Thomas de Brockhull, Otho de Grandison, Willielmus de Morant. Tres vel duo eorum in com. Kantii. [Pat. 18 Edw. III, 2da. pars. memb. 35. in dorso.]

Galfridus de Say, Willielmus de Thorpe, Otho de Grandison, Arnaldus de Savage, Stephanus de Valoigns, Willielmus de Norton. [Pat. 29 Edw. III, 1 pars. memb. 29. in dorso.]

ma.

Galfridus de Say, Willielmus de Norton, Willielmus de Thorpe, Thomas de Lodelow. [Pat. 31 Edw. III, 1m. pars. memb. 17. in dorso.]