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A94306 Sergeant Thorpe judge of assize for the northern circuit, his charge, as it was delivered to the grand-jury at York assizes the twentieth of March, 1648. and taken in shortwriting. Clearly epitomizing the statutes belonging to this nation, which concerns (and, as a golden rule, ought to regulate) the severall estates and conditions of men. And (being duely observed) do really promote the peace and plenty of this Commonwealth. Thorpe, Francis, 1595-1665. 1649 (1649) Wing T1071; Thomason E1068_1; ESTC R210315 21,832 31

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the Sheriff or his Deputy take a Bond for appearance of any other Forme then that directed by the Statute If the Sheriff return any Jurors without their true Additions If the Sheriff or his Deputie take any thing for making and returning Pannels of Juries or take above four pence for the Copie of one Pannell If the Sheriff or Gaoler deny to receive without Fee Felons sent to the Gaole If the Bayliff of any Libertie do not perform the same duties as they are injoyned to Sheriffs in executing Warrants Processes directed to them Touching the Constable This is an Officer of Iustice and an Officer of Peace and is of great Trust and good use if he perform his Duty and therefore by the way let me say that care must be taken by the Justices of Peace and Stewards in Leetes that able and honest persons and fit for the service be put into this imployment IF he do not endeavour to preserve the Peace and prevent the breach of it If he do not Arrest night-walkers and suspected persons If he do not hastily pursue Hue and Crie after Murtherers and Robbers If he do not cause Watch by Night and Ward by Day to bee kept within his Office from Ascension day to Michaelmas day and Ward by day the rest of the year If he do not truly execute and return all Warrants sent to him from Justices of the Peace If he do not appoint in Easter week Overseers of Highwayes If he do not apprehend Beggars Rogues and Vagabonds that are wandring or begging within his Office and if any have hindred him from doing his dutie therein If he do not punish by Stocking such as refuse to labour in Hay and Harvest Time If he do not Inventory Felons Goods hapning within his Office If he do not once a month search Alehouses Maltmakers houses and houses of gaming and Bawdery If he do not present at the Sessions or to the next Justices the disorders in Alehouses defects in Highwayes Recusants absence from Church And such as keep Doggs Gunnes Nets and the like for the unlawfull taking of Wilde-Fowle and Hares If he do not drive the Commons within his Office for infected and unlawfull Cattell once at least in Summer Coroner IF he fail to performe his dutie upon Summons as well where the Fact is by misadventures as by mans hand If he take any Fee where the Fact is by misadventure If he take any Fee above thirteene shillings foure pence where the Fact is by mans hand and that of the Goods of the Manslayer if he be in Custodie or if he escape then of the Town where the Fact was done Cleark of the Market IF hee take any common Fine for dispensing with faults in Weights and Measures If he take any Fee for Marking Weights and Measures but those allowed one pennie for a Bushell and 100 weight half a penny for half a Bushell and halfe 100 weight a farthing for every lesse weight or Measure Cleark of the Peace IF he take any Fee for his Office doing but those allowed viz. For an Alehouse Recognisance one shilling For a Badgers or Drovers License two shillings For Inrowlling Presentments for Recusants For Inrowling of a Recognizance of a Rogue taken into service one shilling For Inrowling a Deed of Bargain and Sale of Land being under forty shillings per Annum value one shilling And if it exceed forty shillings per annum value two shillings six pence Ordinary If he take any Fee but those allowed for Proving of a Will or granting an Administration viz. Where the Inventorie exceeds fortie pounds five shillings Where it is under forty pounds and above five pounds his fee is three shillings six pence Where but five pounds or under he must have six pence Or a penny for every ten Lines ten Inches long which Rate is also allowed for their Copies And what is taken more then those is Extortion If any Minister take any Mortuary but where the custome of the Place allowes it or where it is allowed if he take any Mortuary for an Infant Feme Covert or Traveller or if hee take any thing where the Inventory is under ten Marks or if he take above three shillings four pence where the Inventory is above ten Marks and under thirty pounds or if he take above fix shillings eight pence where the Inventory is above thirty pounds and under forty pounds or if he take above ten shillings where the Inventory is above forty pounds Searchers and Sealers of Leather IF they be not appointed by the Owner of the Market in Market Townes If they being appointed refuse the Office If they do not in covenient time performe their Dutie and Office upon particular occasions when Leather is brought to them to view If they be not furnisht with a Register-Book and a Seal If they fail to set down all Bargains of Tand and unwrought Leather If they allow such as is insufficient or disallow such as is sufficient If they take any Fee save such as is allowed viz. for every can Hides two pence and for every six dozen of Calf-Skins 2 pence If Triers of Tand-Leather seized for insufficient be not appointed by the Owners and Rulers of Fairs or Markets If the Tryers refuse to perform their dutie Tolgatherers IF Owners or Rulers of Fairs and Markets have not appointed some certain place for sale of Horses there and a Toll-gatherer to attend If the Toll-gatherer do not sit in open place in Markets and Fayers where Horses and Cattell are sold and continue there from ten of Clock in the Morning till Sunne-set If he do not keep a Register-Book and therein set down the Bargains brought before him and have the Parties and Vouchers present which he knows If he take any Fee or Reward save that allowed viz. a penny for one Bargain If any person comming in as a Voucher take upon him the knowledge of the Seller and do not intruth know him If the Toll-gatherer refuse to deliver a Copie of his Entry or take above two pence for it Overseers of the Poor IF they refuse to execute their Office being appointed thereto by the Justices of Peace If they do not provide a common stock and take care to keep the Poor at work upon the common Stock of the Parish If they doe not meet once a moneth particularly to conferre about the performance of their dutie If they do not raise a weekly Taxation for the maintenance of the impotent poor If they suffer their Parishners to wander and begge out of their Parish Overseers of High-Wayes IF they refuse to execute the Office being chosen thereto by the Constable and Neighbourhood If they do not upon the next Sunday after Easter appoint publikely in the Church six dayes betwixt that and Midsummer for the Neighbours to meet for mending the Highwayes in the Parish If they doe not attend at the dayes appointed to direct the Works If they do not present to the next Justice of Peace
these produce for the mischiefs have continued and the people have still suffered by the breach of those Laws even untill these very times the very same mischiefs as before In the time of King Richard the second the disorders of the Court and Oppressions upon the people from thence were so great and unsupportable that the people Articled against that King and likewise deposed him and so they afterward did in like manner Depose King Henry the sixt K. Edward the fourth by consent in Parliament Thus you see how the exercise of Kingly Office within this Nation hath been made use on to the damage of the people and how the people again have put in ure their Authoritie over their Kings to call them to an account for their mis-governments Touching the last King much hath been said and too much hath been felt by this Countie in relation to the last Warre But pardon me if I tell you so it was a just punishment of God upon us of this Countie for I may truly say the Warre had its Rise and Beginning here here in this Countie nay here in this Court for this was the first place in England where any Grand-Juries of the Countie charged themselves and their Countrey men with any Taxe to raise a Warre against the Publike Interest of the people as they did here when at Summer Assizes in the year 1642. they charged the Countie with a Tax of 8600 pounds to maintain 1000 Dragoons upon pretence to keep the Country in Peace But alas the Dragoons were no sooner raised but they were made use on for another Service namely to attend the Kings Standard at Nottingham and from thence were carryed to fight at Edgehill against the Parliaments Forces for better keeping the Peace in Yorkshire And though it be true that this Tax of 8600 pounds was never levyed yet our own great Lords and Gentlemen made it the Foundation and Rise of another Tax of thirty thousand pounds which they laid and levyed upon the Countie in October after for bringing in the Earl of Newcastle and his Forces But as I said before Gods punishment is just upon us for as the Warre began here so it hath ever since continued among us even at this day when all the rest of the Kingdome is in Peace and quietnesse onely we are now upon Sieging at our owne Charge of you cursed Castle at Pontefract which began at first and continues to be the last of all our Enemies Holds and Garrisons within this Nation But to return to the point of the Kings Incroachments upon the Peoples Liberties and therein I will clearly tell you my own thoughts in one particular and instance in that one but it is to my Apprehension Vnum magnum and instar omnium it is as the Lyon said of her Whelp when the Fox upbraided her That she was not so fruitfull in procreation as the Fox but brought forth onely one Lyon at once 't is true saith the Lyon but that one is a Lyon And so I may say by the Kings Negative Voyce in Parliament for admit but this one peece of Prerogative to be just and consonant to the Constitution of the Government and I dare affirm that the English Nation were in a possibility by that Constitution of Government to be as arrant Slaves and Vassals as were in Turkie or among the Moors in the Gallies For let the King put what Oppression he will upon the People let their grievances and burthens be never so great and let him at the peoples Desires call Parliaments for redresse thereof never so often and let never so good Bills be prepared and presented to him for Reformation yet still he shall put them off with this Royall Complement Le Roy Sadvisera signifying quoad the Practise in plain English I will not help you nor release the unjust Burthens and Oppressions I have laid upon you But add to this that other Incroachment of the Lords Negative Voyce upon the people which they also have with much Lordlinesse practised in answer to the Commons Bills though of highest concernment for their Weale however they expresse that Negative in Court Language and good words We will send an answer by Messengers of our owne as if the people should expect they meant to return some concurrence with them when God knows nothing is lesse thought upon or meant by them And now let the people see their own condition now let them consider how they have been abused by good words and phrases which if they had clearly universally understood the meaning of or if these Negatives had been clearly exprest in down-right language We will not help you or We will not ease you of your Burthens or Oppressions that lie so heavy upon you truely then I presume the people would long since have been stirr'd up to help themselves and to have endeavoured as well to take away the mischief as to avoid the miserie of such a Government For mine own part I speak it freely from my heart That as I am a Freeman both by Birth an Education and am Inheritable to the Laws and Free-Customes of England so I do naturally desire the security of Government and I do willingly submit to the justice of known Lawes But I have ever adhorred all Arbitrary Powers or to be subject to the Wils or Passions of men therefore I have alwayes thought since I could think any thing upō grounds of Judgement or Reason That so long as these two fore-mentioned Negatives remained upon the people there could be no security or freedome in their Government and there was no one thing that hath so firmly fixt me in the way I have gone wherein I now am and to oppose the other as the mischiefs I understood to bee in the two Negative Voyces of the King and the Lords Adding to these two fundamentall Court-Errours and destructive Positions maintain'd and held forth to the people by flattering Royalists and proud and ambitious Prelates and Courtiers viz. First That the King had an Originall right to Rule And secondly That the King was accountable to none but GOD for his misgovernment Lay but these two together with the Negative Voyce and let any man judge what they may and must necessarily produce in point of Tyrannie and Oppression over the people Thus have I shewed you the true Originall of all Power and Authority and from whence it is that the Exercise of Authority and Power is practised among men over one another I have shewed you also the justice which lies in this That Kings Rulers and Governours and particularly the King of this Nation should be accountable to the People for their misgovernments and how destructive a Tenent it is to say That a King hath right to Rule over men upon Earth and that yet GOD hath not given a Power to earthly men to call him to account for misgovernment unlesse you will suppose that Kings at first did fall from Heaven and were