In the 1621 parliament members of the House of Commons clashed with the king over the issue of clergy as JPs: there were suggestions that no clergyman should sit as a JP, or that only bishops and deans should be appointed. Why were there complaints at that time, and were they justified? Was the nomination of clergy as justices an element in ‘the rise of clericalism’? This analysis of clergy JPs between 1590 and 1640 shows that they had been increasing slowly in number from 1590, and more rapidly towards 1617 under Lord Chancellor Ellesmere. But the major expansion in their ranks came under his successors Francis Bacon 1617 to 1621, and especially Bishop John Williams 1621 to 1625. However, there was no systematic central policy behind appointments, and local interests and the normal processes of patronage were important. Perhaps precedence among the justices and the exercise of secular authority by clerical JPs were sometimes troublesome issues. But, despite continuing complaints from MPs, the proportion of clergy to lay JPs was always small – at its highest in 1626, with 7·6 per cent. Thereafter Lord Keeper Thomas Coventry allowed the clerical presence to decline, both absolutely and proportionately. If there was a ‘rise of the clergy’ after 1625, clergy JPs were not part of it.