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<NAME>Louis Goldberg</NAME>
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<P>Sergeant THORPE Judge OF ASSIZE for the NORTHERN CIRCVIT, His CHARGE, As it was delivered to the <HI>Grand-Jury</HI> at York A&s;&s;izes the twentieth of <HI>March,</HI> 1648. and taken in Shortwriting.</P>
<P>Clearly epitomizing the Statutes belonging to this Nation, which concerns (and, as a golden rule, ought to regulate) the &s;everall e&s;tates and conditions of men.</P>
<P>And (being duely ob&s;erved) do really promote the Peace and Plenty of this Commonwealth.</P>
<P><HI>Printed at York by</HI> Tho: Broad, 1649.</P>
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<HEAD>Serjeant <HI>Thorp,</HI> Judge of the A&s;&s;i&s;e for the Northern Circuit, his <HI>Charge,</HI> as it was delivered at York A&s;&s;i&s;es <HI>20</HI> March, <HI>1648.</HI> and taken in Short-Hand.</HEAD>
<P>GEntlemen, Friends, and Countreymen, I do not que&s;tion but that the Stile, and Title of our Commi&s;&s;ions under which we are now to act and execute the Authoritie and Power committed to our hands, being changed from <HI>Carolus Rex Angliae,</HI> to <HI>Cu&s;todes Libertatis Angliae Authoritate Parliamenti,</HI> works divers effects upon the Tempers and &s;pirits of men, according as the &s;pi|rits them&s;elves are tempered and affected; and that &s;ome of tho&s;e &s;pirits (like the Sunne upon Wax) it &s;oftens into Obedience and compliance, and others of them again (like the &s;ame Sun upon Clay) it hardens into &s;tiffne&s;&s;e and oppre&s;&s;ion. Proud, Ambitious, and Malignant &s;pirits finding them&s;elves fru&s;tra|ted and defeated hereby of their de&s;igned Hopes and hope|full De&s;ignes, for obtaining their de&s;ired Ends; and being filled with prejudice to others, and &s;elf-love to their own opini|ons, and therefore having turned them&s;elves a&s;ide from the u&s;e of their own Rea&s;on, and from all Overtures and Arguments of &s;a|tisfaction, and having given up their under&s;tanding to blinde Affections,&mdash; it &s;tartles and confounds with Pa&s;&s;ions and Amaze|ments, heightned into choller and di&s;daine; Becau&s;e looking thorow the fal&s;e Gla&s;&s;e of their own &s;elf-Intere&s;t, they finde no|thing therein but imaginary &s;hakings of Foundations, overturn|ing of Laws, and confu&s;ed heaps of Ruines &amp; Di&s;tractions. But to the&s;e, if any &s;uch be pre&s;ent, (e&s;pecially if they have been for|merly ingaged in open Warre again&s;t the publike Intere&s;t of the Nation, and &s;o are ca&s;t by Gods ju&s;tice for their Tran&s;gre&s;&s;ions into a mean and low condition) All I &s;hall &s;ay (with the poor comfort of calamity, <HI>Pitie</HI>) is this, That if they have not alrea|dy ta&s;ted enough of the Cup of Gods wrath for their mi&s;doings, let them take heed they ingage not again, for fear that hereafter they be inforced to drink the Dreggs of his di&s;plea&s;ure. Other &s;illy &s;pirits there are, who &s;tanding unbottomed upon any &s;olid Principles of their owne, finde them&s;elves to&s;&s;ed to and fro with the Winde which blows from others mouthes; one while, li&s;te|ning to the Prophet who bids them go up to <HI>Ramoth-Gilead</HI> and
<PB N="6" REF="3"> pro&s;per; and by and by again yeelding to him that bidds them not go up for fear of peri&s;hing, and &s;o they are carryed into cro&s;&s;e and oblique opinions and actions, tending to, and endange|ring their utter Ruine and De&s;truction. And to the&s;e men, all I &s;hall &s;ay, and advi&s;e, is this, That they will forthwith repair to the School of Rea&s;on, and &s;uffer them&s;elves to be guided and led by impartiall and whole&s;ome Le&s;&s;ons and In&s;tructions, to a better Information of their judgements, whereby they may be &s;ettled upon undenyable grounds in the knowledge of them&s;elves and the truth, and of their own Right, Intere&s;t, and Concernment. But another &s;ort of men there are, who are willing to let their eyes &s;tand in the place where Nature &s;et them, and to make u&s;e of that Rea&s;on and judgement which God hath given them, and with erected mindes, to apprehend the &s;en&s;e of their own future happine&s;&s;e, and to hearken to the voyce which calls them to the flouri&s;hing actions of a reformed Commonwealth, and therefore do entertain this Change with &s;utable Opinions and Comply|ance from the&s;e grounds which they thus propound and argue with them&s;elves.</P>
<P N="1">1. That all Power and Authority is Originally and Prima|rily in God, and comes from God; and this they re&s;t upon as being a Scripture truth.</P>
<P N="2">2. That God, out of his Wi&s;dome and Providence, hath di&s;|pen&s;ed and tran&s;mitted &s;o much of this Authority and Power to men, as is nece&s;&s;ary for their u&s;e. Fir&s;t, as in relation to the Infe|riour Creatures, to Rule and Governe them as Lord and King. And as in relation to one another from a Principle of Nature, <HI>[Con&s;ervatio &s;ui-ip&s;ius]</HI> To &s;eek and endeavour their own pre&s;er|vation and &s;ecurity, which Principle draws them to this Conclu&s;i|on <HI>[Salus populi &s;uprema Lex,]</HI> The &s;afety of the people is the &s;upreme Law both of Nature and Nations. And from this Na|turall Principle, and &s;upreme Law of Nature, however all men in their Originall Creation are all of one and the &s;ame Sub|&s;tance, Mould, and Stamp, yet for pre&s;ervations &s;ake, they finde a fitne&s;&s;e in Subordinations and Degrees among them, for the better ordering of their Affairs; and &s;o they appoint Rulers, and authorize Governours over them, as Tru&s;tees for them&s;elves. They al&s;o elect Government, create Rules, Orders, and Laws, by which they will have their Rulers and Governours to guide and Steer their Actions in the cour&s;e of their Government, to which they will conform their obedience: and this Truth is a&s;certained from hence, That there were People before there were either
<PB N="7" REF="3"> Rulers or Governours of People, and that therefore the&s;e Ru|lers and Governours were but made by the People, and for the people, with this Re&s;erve, That when&s;oever the people &s;hould perceive that their Tru&s;tees &amp; Governours did turn <HI>pote&s;tatem</HI> in|to <HI>potenti<GAP DESC="illegible" RESP="KEYERS" EXTENT="1 letter">m,</HI> the Power and Authoritie of Government, by Rule and Law formerly agreed upon, and con&s;ented unto by the peo|ple, into an Armed Force; and that they did alter the Peoples <HI>Rempublicam</HI> into the Governours <HI>Rem privatam,</HI> and that their Government cea&s;ing to be free, was made to hang over the peo|ples heads as a Lordly Scourge to their de&s;truction; Then, and from, thenceforth, and that with good comline&s;&s;e of rea&s;on, the people betake them&s;elves to thoughts of Reformation; and find|ing cau&s;e to di&s;like their former choice, being not tyed by any Scripture to any one Forme of Government, they choo&s;e againe and take &s;ome other Form, differing from that before, whereby they will avoid the evils they &s;uffered under their former choice, and enjoy the good of a more beneficiall pre&s;ervation; for, like Marriners and men in a Ship at Sea, they will no longer tru&s;t an unskilfull or perfidious Stear&s;man, le&s;t they &s;hould be found guilty of their own en&s;uing Shipwrack and de&s;truction.</P>
<P>This brings me to the next A&s;&s;ertion and Po&s;ition, which I own as a mo&s;t certain Truth and my greate&s;t earthly a&s;&s;urance, That the People [under God] is the Originall of all ju&s;t Pow|er, and that let the Government runne out into what Forme it will, <HI>Monarchy, Ari&s;tocracy,</HI> or <HI>Democracy,</HI> yet &s;till the Originall Fountain thereof is from the Con&s;ent and Agreement of the Peo|ple. From this A&s;&s;ertion and Po&s;ition I am led on further, by plain rea&s;on to under&s;tand, <HI>That Rulers and Governours are accoun|table to the People for their mi&s;-government;</HI> namely, when they tran&s;gre&s;&s;e the Rules and Lawes by which the people did agree they would be governed. But let me not be mi&s;taken, for when I &s;ay <HI>Accountable to the People,</HI> I doe not mean to the hu|mours and fancies of particular men in their &s;ingle &amp; naturall ca|pacities, but to the people in their Politique Con&s;titution, law|fully a&s;&s;embled by their Repre&s;entative.</P>
<P>Touching the Government of this Nation, it hath anciently been Monarchicall in the frame and con&s;titution of it, but yet it never was a pure Monarchie, for a pure Monarchie is a clear Ty|ranny; but it was a Politicall Monarchie, or Monarchy govern|ed by Lawes, taking in thereto all the goods, and avoiding all the ills both of <HI>Ari&s;tocracy</HI> and <HI>Democracie;</HI> and &s;o I may truly &s;ay, that look upon the Frame and con&s;titution of it alone, and as it
<PB N="8" REF="4"> were, upon the Theoreticall and contemplative part of it; and &s;uppo&s;ing it po&s;&s;ible that the Practi&s;e would an&s;wer the Theo|rie, no man can deny, but that it was a Frame of mo&s;t ex|cellent Order and Beautie; For, fir&s;t, it had a King the chiefe&s;t Officer, one &s;ingle Per&s;on; and therefore avoiding the proud Fa|ctions and contentions u&s;ually happening in <HI>Ari&s;tocracy,</HI> as like|wi&s;e the di&s;ordered confu&s;ions common in &s;ingle <HI>Democracy;</HI> but yet a King bounded and compa&s;&s;ed with Lawes above him, be|ing the Rules already made and given him to Rule by; and with a nece&s;&s;itie of concurrence and complyance with Lords and Com|mons below him, for future Legi&s;lative Power and Authority, and &s;o avoiding the danger of Tyrannie u&s;ually incident to Monar|chies, which commonly makes the Monarchs <HI>Will</HI> the Law, and &s;o e&s;tabli&s;hing the Government upon this Foundation, <HI>Voluntas Imperatoris Lex e&s;to.</HI></P>
<P>But [alas] when I have &s;hewed you the Frame and Con&s;titu|tion of the late Government, I have &s;hewed you all the Beauty of it; for when you come to examine the practical part, you &s;hall find nothing le&s;&s;e then excellency or perfection in it. Look into your own Stories, and you &s;hall alwayes finde the King and great Lords (<HI>Comites &s;uos,</HI> as they were called) incroaching upon the peoples Liberties &amp; Rights, incroaching to them&s;elves &s;uperlative Prero|gatives, and Dominion over them: On the other &s;ide you &s;hall finde again the People &s;truggling to pre&s;erve them&s;elves and their own Intere&s;t, labouring &s;till to avoid the mi&s;eries and to free them&s;elves from the mi&s;chiefs of their &s;ufferings.</P>
<P>The Times and Tran&s;actions before the Norman <HI>William</HI> got the Crown, and which pa&s;t among the <HI>Brittains, Romans, Danes,</HI> and <HI>Saxons,</HI> being dark and ob&s;cure, I pa&s;&s;e by, and therefore I &s;hall onely &s;peak &s;omething of the times and tran&s;actions &s;ince.</P>
<P>Fir&s;t, the Tyrannicall Domination of that fir&s;t <HI>William</HI> and his &s;onne the &s;econd <HI>William,</HI> gave the People to &s;ee their en&s;uing mi&s;eries; for though they made choice of the &s;econd <HI>William,</HI> who was but a &s;econd &s;onne, and rejected <HI>Robert</HI> his Elder Brother, yet they &s;oon found their kindne&s;&s;e was &s;uddenly forgotten, when once the Crown was obtained, and therefore they refu&s;ed when he was dead to chu&s;e again, till by ingagements, Oathes, and Royall Promi&s;es of better Government, they were cheated into a &s;econd Election of <HI>Henry</HI> the fir&s;t, who was a younger bro|ther likewi&s;e. But it was not long after ere <HI>Monarchie</HI> plaid <HI>Rex,</HI> and <HI>Plea&s;ure</HI> and <HI>Will</HI> Ruled, the whole Kingdom almo&s;t was turned into Forre&s;ts; the Lawes which the people were brought
<PB N="9" REF="4"> to live under, and obey, were the cruell and in&s;upportable Laws of the Forre&s;t, which were made rather to pre&s;erve the Bea&s;ts, then the People within the bounds of Forre&s;ts. Then the people finding no other remedy, betook them&s;elves to thoughts of Re|formation, as I told you at the fir&s;t. And in the time of King <HI>Stephen,</HI> at <HI>Renymeed,</HI> they demanded re&s;titution of St. <HI>Edwards</HI> Laws, for &s;o they call'd that Saxon <HI>Edward,</HI> who was dead many years before, without any Heir or Succe&s;&s;or of that kinde, (for we never read of any St. King &s;ince him:) And by tho&s;e Lawes they &s;ay they will be governed, and to tho&s;e Laws they will con|forme. Hereupon a new Compact is made, the Articles of <HI>Re|nymeed,</HI> containing mo&s;t of St. <HI>Edwards</HI> Lawes, are confirmed and e&s;tabli&s;hed, by con&s;ent in Parliament, &amp; &s;o the people are for that time &s;atisfyed, and think them&s;elves very &s;afe (as they well might think &s;o) under the &s;ecurity of an Act of Parliament. But yet this Act proved no &s;ecurity, for in a &s;hort time after all was let loo&s;e again, and the &s;ame mi&s;chiefs and oppre&s;&s;ions upon the peo|ple were &s;till continued, as before, and many more additions made thereto, to the utter in&s;laving of the Engli&s;h Nation.</P>
<P>Hereupon the people &s;tand up once more for their Liberties and Native Rights in the ancient Lawes of the Land, and de|mand the &s;econd time to have them confirmed, and to be kept from violation; and &s;o in the ninth year of King <HI>Henry</HI> the third was the great Charter of the Liberties of <HI>England</HI> [being but a Declaration of the ancient Common Lawes of the Land, and little differing from the Articles of <HI>Renymeed,</HI> together with the Char|ter of the Forre&s;t,] framed and con&s;ented unto in full <HI>Par|liament,</HI> and are the fir&s;t Acts of <HI>Parliament</HI> now extant in Print. And &s;o the people &s;at down again under the protection of this &s;econd Securitie; but how weak a Security it prov'd, let the pra|cti&s;e of the next King, and all &s;ucceeding Kings tell you, though it hath been confirmed and allowed by them&s;elves two and thirty times; for in the two next Kings times you &s;hall finde the good|men of the Land di&s;countenanc'd, and vain, loo&s;e, and wanton per&s;ons to be the men in highe&s;t e&s;teem; nay, Murderers and Robbers and the like, cheri&s;ht and maintain'd; and if brought to publike ju&s;tice, and condemned for their mi&s;doings, yet pardo|ned again, and &s;et at Liberty, and though [by the Fundamen|tall Law] <HI>Parliaments</HI> [the u&s;uall Salve for the peoples Soars] were to bee called and held twice a year, yet were they laid a&s;ide, and rarely made u&s;e of; and then when they were called, it was but to &s;erve the Kings turn for granting Sub&s;idies, or the
<PB N="10" REF="5"> like And this when the people perceived, in the time of King <HI>Edward</HI> the &s;econd, they thought fit to que&s;tion his mi&s;-govern|ment by Articles of Impeachment in <HI>Parliament</HI> again&s;t him, and then to depo&s;e him from his Kingly Office, and to make his Son (during his Fathers life-time) Warden of the Kingdome, and &s;hortly after they made him King (while his father lived) by the name of <HI>Edward the third.</HI> And now are Acts of <HI>Parliament</HI> made again&s;t the former mi&s;chiefs: fir&s;t, again&s;t the Kings granting Pardons to Robbers and Murderers; and four Acts of <HI>Parliament</HI> are made in the neck of one another,<NOTE PLACE="marg">6. E. 1. 9. 2. E. 3. 2. 4. E. 3. 13. 10. E. 3. 2. 14. E. 3. 13.</NOTE> and pur&s;uing one another before telling the King plainly, that he may not, hee mu&s;t not grant Pardons, but where he may do it by his Oath, namely, in ca&s;e of Homicide, by misfortune, and Homicide in his owne defence. Secondly, for more frequent holding of <HI>Parliaments,</HI> namely, That they &s;hould be held once a year, and oftner if need be. But little effect did the&s;e produce, for the mi&s;chiefs have continued, and the people have &s;till &s;uffered (by the breach of tho&s;e Laws, even untill the&s;e very times) the very &s;ame mi&s;|chiefs as before.</P>
<P>In the time of King <HI>Richard</HI> the &s;econd, the di&s;orders of the Court, and Oppre&s;&s;ions upon the people from thence were &s;o great and un&s;upportable, that the people Articled again&s;t that King, and likewi&s;e depo&s;ed him; and &s;o they afterward did in like manner Depo&s;e King <HI>Henry</HI> the &s;ixt, &amp; K. <HI>Edward</HI> the fourth by con&s;ent in Parliament. Thus you &s;ee how the exerci&s;e of Kingly Office within this Nation hath been made u&s;e 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 mi&s;-governments. Touching the la&s;t King much hath been &s;aid, and too much hath been felt by this Countie, in relation to the la&s;t Warre. But (pardon me if I tell you &s;o) it was a ju&s;t puni&s;hment of God upon us of this Countie; for, I may truly &s;ay, the Warre had its Ri&s;e and Beginning here, here in this Countie, nay, here in this Court, for this was the fir&s;t place in <HI>Eng|land</HI> where any <HI>Grand-Juries</HI> of the Countie charged them|&s;elves and their Countrey men with any Taxe to rai&s;e a Warre again&s;t the Publike Intere&s;t of the people, as they did here when at Summer A&s;&s;izes 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 &s;ooner rai&s;ed, but they were made u&s;e on for another
<PB N="11" REF="5"> Service, namely, to attend the Kings Standard at <HI>Nottingham,</HI> and from thence were carryed to fight at <HI>Edgehill</HI> again&s;t the Parlia|ments Forces, for better keeping the Peace in York&s;hire. And though it be true, that this Tax of 8600 pounds was never levy|ed, yet our own great Lords and Gentlemen made it the Founda|tion and Ri&s;e of another Tax of thirty thou&s;and pounds, which they laid and levyed upon the Countie in <HI>October</HI> after, for bring|ing in the Earl of <HI>Newca&s;tle</HI> and his Forces.</P>
<P>But (as I &s;aid before) Gods puni&s;hment is ju&s;t upon us, for as the Warre began here, &s;o it hath ever &s;ince continued among us, even at this day, when all the re&s;t of the Kingdome is in Peace and quietne&s;&s;e, onely we are now upon Sieging, at our owne Charge, of you cur&s;ed Ca&s;tle at <HI>Pontefract,</HI> which began at fir&s;t, and continues to be the la&s;t of all our Enemies Holds and Garri&s;ons within this Nation.</P>
<P>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 in&s;tance in that one, (but it is to my Apprehen&s;ion, <HI>&V;num magnum,</HI> and <HI>in&s;tar omnium</HI>) it is as the Lyon &s;aid of her Whelp when the Fox upbraided her, That &s;he was not &s;o fruitfull in procreation as the Fox, but brought forth onely one Lyon at once, ('tis true, &s;aith the Lyon) but that one is a Lyon: And &s;o I may &s;ay by the Kings Negative Voyce in Parliament, for admit but this one peece of Preroga|tive to be ju&s;t, and con&s;onant to the Con&s;titution of the Govern|ment, and I dare affirm, that the Engli&s;h Nation were in a po&s;|&s;ibility (by that Con&s;titution of Government) to be as arrant Slaves and Va&s;&s;als, as were in Turkie, or among the <HI>Moors</HI> in the Gallies: For let the King put what Oppre&s;&s;ion he will upon the People, let their <HI>grievances</HI> and <HI>burthens</HI> be never &s;o great, and let him [at the peoples De&s;ires] call Parliaments for redre&s;&s;e thereof never &s;o often, and let never &s;o good Bills be prepared and pre|&s;ented to him, for Reformation, yet &s;till he &s;hall put them off with this Royall Complement, <HI>Le Roy Sadvi&s;era,</HI> &s;ignifying (<HI>quoad</HI> the Practi&s;e) in plain Engli&s;h, <HI>I will not help you, nor relea&s;e the unju&s;t Burthens and Oppre&s;&s;ions I have laid upon you.</HI></P>
<P>But add to this that other Incroachment of the Lords Negative Voyce upon the people, which they al&s;o have with much Lordli|ne&s;&s;e practi&s;ed in an&s;wer to the Commons Bills, though of highe&s;t concernment for their Weale, (however they expre&s;&s;e that Nega|tive in Court Language and good words, <HI>We will &s;end an an&s;wer by Me&s;&s;engers of our owne;</HI> as if the people &s;hould expect they
<PB N="12" REF="6"> meant to return &s;ome concurrence with them, when [God knows] nothing is le&s;&s;e thought upon, or meant by them.)</P>
<P>And now let the people &s;ee their own condition, now let them con&s;ider how they have been abu&s;ed by good words and phra&s;es, which if they had clearly &amp; univer&s;ally under&s;tood the meaning of; or if the&s;e Negatives had been clearly expre&s;t, in down-right language, [<HI>We will not help you,</HI> or, <HI>We will not ea&s;e you of your Burthens or Oppre&s;&s;ions that lie &s;o heavy upon you,</HI>] truely then I pre&s;ume the people would long &s;ince have been &s;tirr'd up to help them&s;elves, and to have endeavoured as well to take away the mi&s;chief, as to avoid the mi&s;erie of &s;uch a Government. For mine own part I &s;peak it freely from my heart, That as I am a Free|man both by Birth an Education, and am Inheritable to the Laws and Free-Cu&s;tomes of <HI>England;</HI> &s;o I do naturally de&s;ire the &s;ecurity of Government, and I do willingly &s;ubmit to the ju&s;tice of known Lawes: But I have ever adhorred all Arbitrary Pow|ers, or to be &s;ubject to the Wils or Pa&s;&s;ions of men; &amp; therefore I have alwayes thought (&s;ince I could think any thing upo~ grounds of Judgement or Rea&s;on) That &s;o long as the&s;e two fore-mentio|ned Negatives remained upon the people, there could be no &s;ecu|rity or freedome in their Government; and there was no one thing that hath &s;o firmly fixt me in the way I have gone, where|in I now am, and to oppo&s;e the other, as the mi&s;chiefs I under|&s;tood to bee in the two Negative Voyces of the <HI>King</HI> and the <HI>Lords.</HI> Adding to the&s;e two fundamentall Court-Errours, and de&s;tructive Po&s;itions, maintain'd and held forth to the people by flattering Royali&s;ts, and proud and ambitious Prelates and Cour|tiers, <HI>viz.</HI> Fir&s;t, <HI>That the King had an Originall right to Rule;</HI> And &s;econdly, <HI>That the King was accountable to none but GOD for his mi&s;government:</HI> Lay but the&s;e two together with the Nega|tive Voyce, and let any man judge what they may and mu&s;t ne|ce&s;&s;arily produce in point of Tyrannie and Oppre&s;&s;ion over the people.</P>
<P>Thus have I &s;hewed you the true Originall of all Power and Authority, and from whence it is that the Exerci&s;e of Authority and Power is practi&s;ed among men, over one another; I have &s;hewed you al&s;o the ju&s;tice which lies in this, <HI>That Kings, Rulers, and Governours [and particularly the King of this Nation] &s;hould be accountable to the People for their mi&s;governments;</HI> and how de|&s;tructive a Tenent it is to &s;ay, <HI>That a King hath right to Rule over men upon Earth, and that yet GOD hath not given a Power to earth|ly men to call him to account for mi&s;government;</HI> unle&s;&s;e you will
<PB N="13" REF="6"> &s;uppo&s;e that Kings at fir&s;t did fall from Heaven, and were &s;ent down from above to exerci&s;e their <HI>wils,</HI> and act their <HI>lu&s;ts</HI> below.</P>
<P>Having &s;aid thus much upon this &s;ubject onely to give a hint, from whence you may ob&s;erve (till the Parliaments own Decla|ration be publi&s;ht, which I hope will fully and clearly &s;et them out) what the Grounds and Rea&s;ons were that the Parliament hath found the Kingly Office within this Nation to be u&s;ele&s;&s;e, and dangerous, and why therefore they will no more tru&s;t the Crown upon the Head of any one Per&s;on, nor transferre the cu|&s;todie of the Liberties of England and Engli&s;hmen into the Pow|er of another, who may abu&s;e them; and therefore why likewi&s;e they re&s;olve to keep the Crown within its proper place the Ca|binet of the Law, and to allow the Law onely to King it among the people, and that the people them&s;elves [by their Repre&s;en|tatives] &s;hall be the onely Keepers of their own Liberties, by Authoritie derived from their own Supreme and Soveraign pow|er; which brings me now to the &s;tile of our Commi&s;&s;ions, <HI>Cu&s;to|des libertatis Angliae Authoritate Parliamenti.</HI></P>
<P>And touching the King of <HI>England</HI> his right to Rule, or Title of Law by Inheritance and De&s;cent to the Crown of <HI>England,</HI> thus much may be &s;afely and truely &s;aid, That if it be an Ancient and Originall Inheritance fixt in one Family, it was gain'd at fir&s;t by the power of the &s;word, and by Conque&s;t, which Title in Law is but a <HI>di&s;&s;ei&s;in</HI> and an unlawfull Title, and therefore may bee again as ju&s;tly regained, as it was gained at fir&s;t by Force, and by the &s;tronger Arm and &s;harper Sword; And as it was &s;o gain'd at fir&s;t, &s;o it hath been ever &s;ince either by the like pure force, or el&s;e by con&s;ent in Parliament upon particular ca&s;es kept and maintained; and &s;o you will finde if you look how every King &s;ince the Norman <HI>William</HI> (call'd the Conquerour) came to the Crown; For of all tho&s;e four and twenty Kings and Queenes which have &s;ince that time Kingd it among us, there are but &s;even of them who could pretend Legally to &s;ucceed their former Pre|dece&s;&s;ors, either by Lyneall, or Collaterall Title. I have not lea|&s;ure to repeat the particulars, and this I have &s;aid may &s;erve to give you occa&s;ion (if you be &s;o minded) to look further into it, and to &s;atisfie your judgements herein, and by con&s;equence to keep you from ingaging again&s;t your &s;elves and the Nation, for a Name, or for a Thing which is not truth.</P>
<P>Now I come to that which is our true bu&s;ine&s;&s;e, our work of the fir&s;t magnitude, <HI>Opus diei in die &s;uo,</HI> the Articles of your Charge which I intend [for the better helping of your memories]
<PB N="14" REF="7"> to deliver to you in writing, with the Laws and the puni&s;hments, and briefly to runne over the rehear&s;all of the Facts onely, with|out further mention concerning them; yet with &s;uch nece&s;&s;ary Expo&s;itions and Explanations of particulars as &s;hall be needfull in my pa&s;&s;age through them; adding onely this for an Animad|ver&s;ion to you, That you and I are tru&s;ted at this time with the admini&s;tration of Ju&s;tice in our own Countrey, amid&s;t all the Temptations which our &s;everall Relations of Friends, Kindred, or Acquaintance can Offer unto us; which &s;hews, that they who do &s;o tru&s;t us, have great a&s;&s;urance and confidence in us; and then we mu&s;t conclude, that this confidence puts a greater obligation upon us to fidelitie and integritie in the di&s;charge and performance of that Tru&s;t committed to us; adde to this that <HI>[Vinculum animae]</HI> the Bond of the Soule the Obligation of an Oath, and I doubt not but it will be found, that though Love, Fear, and particular Intere&s;t be the u&s;uall Cords which halter Ju&s;tice, that yet at this time they will be found to be among us but &s;orry and unma&s;culine pieces of Rhetorick, either to af|fright us from, or &s;often us in our duties.</P>
<P>The matter of your Charge will be to inquire into, and finde out the &s;everall Offences which have been committed and done again&s;t the Politique Body of the Commonwealth, as &s;o ma|ny &s;everall Di&s;ea&s;es and infirmities in the &s;everall parts of the na|turall Body of a man, which di&s;temper and endanger the health of the whole, and they are of four &s;orts.</P>
<P>Fir&s;t, &s;uch as are again&s;t the Peace of the Commonwealth, or whereby Publike Peace is di&s;turbed, and tho&s;e I call Di&s;ea&s;es in|dangering the heart of this Politique Bodie.</P>
<P>Secondly, &s;uch as are again&s;t the Ju&s;tice of the Common|wealth, or whereby publique ju&s;tice is perverted, and tho&s;e I call Di&s;ea&s;es indangering the Head of this politique Body.</P>
<P>Thirdly, &s;uch as are again&s;t the plenty of the Commonwealth, or whereby publike plenty is dimini&s;hed, and tho&s;e I call Di&s;ea|&s;es again&s;t the &s;tomack of this politique Body.</P>
<P>Fourthly, &s;uch as are again&s;t the beauty and good Complexi|on of the Commonwealth, or whereby this beautie and good Complexion is di&s;coloured and defaced, contained under the Name of <HI>Common Nu&s;ances,</HI> and tho&s;e I call Di&s;ea&s;es again&s;t the Sen&s;es, the Leggs and the Feet of this politique Body.</P>
<P>Touching tho&s;e again&s;t Peace, they are of five &s;orts.</P>
<P N="1">1. <HI>Trea&s;ons,</HI> which againe are either <HI>High-Trea&s;on</HI> or <HI>Petty-Trea&s;on.</HI></P>
<P N="2"><PB N="15" REF="7">2. <HI>Felonies,</HI> which again are done either again&s;t the Per&s;on, or Po&s;&s;e&s;&s;ion of another. 3. <HI>Premunire.</HI> 4. <HI>Mi&s;pri&s;ions.</HI> 5. <HI>Tre&s;pa&s;&s;es.</HI></P>
<DIV2 TYPE="part">
<HEAD>High-Trea&s;ons are the&s;e.</HEAD>
<P N="1">1. If any levy Warre again&s;t the &s;upreme Authority of the Nation, or adhere to the enemies thereof. And when I do &s;o expre&s;&s;e it, <HI>Supreme Authority,</HI> I give you the meaning of the <HI>Stat.</HI> 25. <HI>E.</HI> 3. 2. which mentions it thus, <HI>If any levie warre again&s;t the King, or adhere to the Kings enemies within the Realm;</HI> for the name and word <HI>King [quatenus</HI> the chiefe Officer betru&s;ted with the Government in the Admini&s;tration of that Government] is fre|quently u&s;ed to &s;et forth the publique Intere&s;t of the People, &s;o we call it <HI>The Kings Peace, The Kings Coyne, The Kings High-way,</HI> and the like, all which in truth are the publike concernments of the people, being for their publike u&s;e and benefit, and are there|fore expre&s;t and exhibited unto us under the notion of the Kings Name, becau&s;e he is their publike Officer, and tru&s;ted for them; &s;o that to levie warre again&s;t the King, or to adhere to the Kings enemies, is to levie war again&s;t the Kingdom, &amp; the Government of it, and the Supreme Power &amp; Authority of it; or, which is more plain in the expre&s;&s;ion, to levie war without lawfull Warrant and Authority &s;o to do; &amp; yet this I beleeve was that which hath mi&s;|led (&amp; perhaps may &s;till mi&s;lead) many of our Country men, That becau&s;e they had the Per&s;on of the King with them, [betwixt whom and whom there were mutuall and reciprocall deceivings] and they [never remembring that when in Per&s;on hee de&s;erted the Parliament, he left the King and Kingly Authority behinde, him, becau&s;e he left the Kingly Office, and the Power thereof, and publike Government behinde him) they catcht at the &s;hadow, but let go the &s;ub&s;tance, and &s;o under colour of fighting for the King, they fought again&s;t him. Yet becau&s;e <HI>omnis non capit hoc,</HI> every man did not under&s;tand this di&s;tinction betwixt the poli|tique and naturall body of the King, therefore &s;ee how merci|fully and favourably the Parliament hath dealt with the&s;e men, that they have not pre&s;t the rigour of Law upon the Offenders of this kinde, who&s;e Offences being High-Trea&s;on by the funda|mentall ju&s;tice of this Nation, and &s;o their Lives, whole E&s;tates, Lands and Goods being forfeited to the Law for the &s;ame, yet this forfeiture hath not beene exacted upon them; but, in hope they will at la&s;t &s;ee their Errours, and repent for their mi&s;doings, the Parliament hath been plea&s;ed to carry a more tender hand,
<PB N="16" REF="8"> and by way of commutation to pa&s;&s;e over their Offences with the puni&s;hment of a &s;mall fine for &s;uch mi&s;doings, yet with this &s;ilent admonition, like that to the woman in the Go&s;pell, <HI>Go thy way and &s;inne no more, le&s;t a wor&s;e thing happen unto thee.</HI></P>
<P N="2">2. If any counterfeit the Great Seal, Privie Seal, or Privie-Signet.</P>
<P N="3">3. If any counterfeit the Coyn of the Nation, or otherwi&s;e Clipp or dimini&s;h it.</P>
<P N="4">4. If any kill a Judge of Ju&s;tice or Oyer and Terminer in his Place doing his Office.</P>
<P N="5">5. If any Je&s;uite or Seminary Prie&s;t, born in <HI>England,</HI> and Or|dained and Profe&s;&s;ed beyond-Sea, by Authority derived from the <HI>Sea of Rome,</HI> do come into, or abide within this Realm.</P>
<P N="6">6. If any the &s;econd time extoll, defend, or maintain within this Realm the u&s;urped Juri&s;diction or Authority of the Pope, or any other Forraign Prince.</P>
<P N="7">7. If any bring over and put in ure, or receive from beyond-Sea any Bull or In&s;trument of Ab&s;olution, or Reconciliation, to Ab&s;olve the people of this Nation from their Allegiance here to the <HI>Sea of Rome,</HI> or indeavour the &s;econd time to withdraw the People to the obedience of the <HI>Sea of Rome,</HI> or if any be Ab&s;olved, Reconciled or withdrawn. And here you mu&s;t under&s;tand, that in Trea&s;ons all Actors and Con&s;enters are Principalls, and there are no Acce&s;&s;aries at all in Trea&s;on.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Pettie-Trea&s;ons are the&s;e.</HEAD>
<P>If a &s;ervant kill his or her Ma&s;ter or Mi&s;tris.</P>
<P>If a Wife kill her Husband.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Premunire.</HEAD>
<P>Touching <HI>Premunire,</HI> it is properly a Writt or Proce&s;&s;e of Sum|mons awarded again&s;t &s;uch as brought in Bulls, or Citations from the Court of <HI>Rome</HI> to obtain Eccle&s;ia&s;ticall Benefices, by way of Provi&s;ion before they fell void; for of old time divers Acts of <HI>Parliament</HI> were made, <HI>viz.</HI> in the times of K. <HI>Edward</HI> the third, K. R. 2. and K. H. 4. again&s;t the Popes exerci&s;e of Juri&s;diction within this Nation, and again&s;t tho&s;e &s;ubjects that did appeale from the Courts of Ju&s;tice here to the Court of <HI>Rome,</HI> and who obtain'd Provi&s;ions there to have Abbeys, and Priories, or Bene|fices with Cure here, which proceedings tended (&s;ay tho&s;e Sta|tutes) to the de&s;truction of the Realm, and of Religion; There|fore the&s;e being held to be great Offences, and &s;o tending to the
<PB N="17" REF="8"> di&s;heri&s;on of the Rights belonging to the Crown and people of <HI>England,</HI> and to the de&s;truction of the common Law, are made to be grievou&s;ly puni&s;hable, <HI>viz.</HI> To be impri&s;oned during life, To forfeit Lands and Goods, and to be put out of the protection of the Law. Afterward other later Laws were made in the time of Queen <HI>Elizabeth</HI> again&s;t other Offences of like nature, wherewith you have now to do, namely,</P>
<P>If any &s;end over or contribute money or relief for maintenance of any <HI>Ie&s;uite,</HI> or <HI>Seminary Prie&s;t,</HI> or Colledge beyond-Sea.</P>
<P>If any extoll defend or maintain the juri&s;diction or authority of the <HI>Pope,</HI> (or of any other forraign Prince) within this Nation.</P>
<P>If any bring over any <HI>Agnus Dei, Cro&s;&s;es, Pictures,</HI> or <HI>Beads,</HI> Hallow'd (as they call it) at <HI>Rome,</HI> to di&s;per&s;e among the Peo|ple, or if any per&s;on receive any &s;uch, or know of this Offence, and conceal it three dayes.</P>
<P>If any do Aid or A&s;&s;i&s;t tho&s;e who put in ure any <HI>Popes Bulls,</HI> or In&s;truments of Ab&s;olution brought from <HI>Rome.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Mi&s;pri&s;ion of Trea&s;on are the&s;e.</HEAD>
<P>If any know another to be guiltie of High-Trea&s;on, and doe conceal it.</P>
<P>If any Forge or Counterfeit Forreign Coyn, not currant here.</P>
<P>If any utter Counterfeit Coyn, knowing it to be &s;uch.</P>
<P>If any &s;trike, or draw a Sword to &s;trike a Ju&s;tice &s;itting in place of judgement.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Fellonies again&s;t the per&s;on of another are tho&s;e.</HEAD>
<P>If any commit Homicide, <HI>viz.</HI> kill or &s;lay another.</P>
<P>If out of precedent malice, expre&s;t or implyed, it is murther.</P>
<P>If upon a &s;udden falling out, it is man-&s;laughter.</P>
<P>If in doing a lawfull Action, it is called <HI>Chance-Medley,</HI> mi&s;ad|venture or misfortune.</P>
<P>If in his own defence, it is &s;o &s;tiled, Homicide <HI>&s;e defendendum;</HI> and &s;o al&s;o Poi&s;oning, Stabbing, and Witching to death are Homicides.</P>
<P>If any commit Rape, <HI>viz.</HI> have the carnall knowledge of a wo|man again&s;t her Will, or with her Will, if &s;hee bee under ten years old</P>
<P>If any take away, or con&s;ent, or a&s;&s;i&s;t to take away any Maid, Widdow, or Wife again&s;t her Will, &s;he being then intere&s;ted in Lands or Goods.</P>
<PB N="18" REF="9">
<P>If any marry a &s;econd Husband, or Wife, the fir&s;t being alive.</P>
<P>If any commit Buggery, or Sodomy, a crime <HI>Inter Chri&s;tianos non nominandum,</HI> &s;ayes the Indictment.</P>
<P>If any <HI>Gip&s;ey</HI> or counterfeit <HI>Egyptian</HI> have continued a moneth within this Nation.</P>
<P>If any per&s;on appointed by Law to abjure, refu&s;e it, or returne after abjuration.</P>
<P>If any do wilfully and maliciou&s;ly cut out the Tongue, or put out the eyes of another.</P>
<P>If any receive, or relieve, or maintain any Je&s;uite or other Semi|nary Prie&s;t, knowing him to be &s;uch.</P>
<P>If any incorrigible Rogue, judged dangerous, and bani&s;hed, re|turn again:</P>
<P><HI>If</HI> any dangerous Rogue, branded in the Shoulder, returne again to a Rogui&s;h life.</P>
<P>If any per&s;on infected with the Plague wilfully go abroad, and conver&s;e among company.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Felonies again&s;t the Po&s;&s;e&s;&s;ion are the&s;e.</HEAD>
<P>If any break a Dwelling-Hou&s;e in the night, with intent to do any Felonious Act there.</P>
<P>If any robb another by the high way, or take any thing pri|vately from his per&s;on.</P>
<P>If any take the Goods of another in his ab&s;ence, with intent to &s;teal them.</P>
<P>If any &s;ervant go away with his Ma&s;ters Goods (delivered to him) with intent to &s;teal them, being of the value of forty &s;hil|lings, or above.</P>
<P>If any robb a Church.</P>
<P>If any maliciou&s;ly burn the Hou&s;e, or Stack of Corn, or Barne of Corn of another.</P>
<P>If any take up a Hawk, and do not carry her to the Sheriffe to be proclaimed.</P>
<P>If any do the &s;econd time forge any Deed, Evidence, or Wri|ting, and publi&s;h it to be a good Deed.</P>
<P>If any acknowledge a Fine, or Judgement, or Deed to be in|rolled in the Name of another, and not being the true per&s;on.</P>
<P>If any Ra&s;e, Imbezzell, or withdraw any Record of the Court.</P>
<P>If any u&s;e the Art of Multiplication of Gold, or Silver.</P>
<P>If any Hunt by night in Parks or Warrens with painted Faces, or other di&s;gui&s;es, and deny it upon examination.</P>
<P>If any per&s;ons above twelve in number rai&s;e any Tumults or unlawfull a&s;&s;emblies.</P>
<PB N="19" REF="9">
<P>If above 40 per&s;ons &s;hal a&s;&s;emble together to do any unlawfull Act, and &s;hall continue together three hours after Proclamation for their departure.</P>
<P>If any depart out of this Nation to &s;erve a Forraigne Prince, without leave, and before Bond entered, and Oath taken ac|cording to the Statute.</P>
<P>If any Soldier, or Marriner, who hath received Pre&s;t-wages, according to the Statute, do afterward depart from their Service without Licen&s;e.</P>
<P>If any &s;uch Souldier or Marriner do wander and begge, with|out a Pa&s;&s;e, or if they counterfeit their Pa&s;&s;e.</P>
<P>If any Per&s;on having the Cu&s;tody of publike Stores of Victu|all, or Ammunition, imbezzell or purloin any of it, to the va|lue of twenty &s;hillings, or above.</P>
<P>If any do the &s;econd time tran&s;port &s;heep beyond-Sea.</P>
<P>If any per&s;wade another to commit any Felony, or receive and a&s;&s;i&s;t any Felon after the Felonie committed, the&s;e are Acce&s;&s;aries to the Felonie.</P>
<P>If any re&s;cue a Felon from pri&s;on.</P>
<P>if any Felon break Pri&s;on, and e&s;cape, or be &s;uffered to e&s;cape, and be re&s;cued.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Mi&s;pri&s;ion of Felony is this.</HEAD>
<P>If any know another to have committed Felony, and do not re|veal it.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tre&s;pa&s;&s;es and Offences again&s;t the peace Finable are the&s;e.</HEAD>
<P>If any Menace, A&s;&s;ault, Beat, or wound another.</P>
<P>if any make unlawfull entry upon other mens Lands, or un|lawfully take away other mens Goods.</P>
<P>if any make unlawfull A&s;&s;emblies, Routs, or Riots.</P>
<P>If any chide, or brawle, or draw a weapon to &s;trike, or doe &s;trike in a Church or Church-yard.</P>
<P>if any keep a Fair, or Market in a Church or Church-yard.</P>
<P>If any &s;ay, or hear Ma&s;&s;e</P>
<P>If Papi&s;ts be ab&s;ent from Church a moneth together</P>
<P>If any keep a Recu&s;ant Schoolma&s;ter, or other Recu&s;ant &s;er|vant in his hou&s;e:</P>
<P>If any &s;hall voluntarily di&s;turb the Preacher in his Sermon:</P>
<P>If any affirm that the eating of Fi&s;h, or forbearing fle&s;h at &s;et times is nece&s;&s;ary for our &s;alvation, or for other purpo&s;e, then as a politick con&s;titution:</P>
<PB N="20" REF="10">
<P>If any frame, make, or publi&s;h any fal&s;e, &s;candalous, or libel|lous Writing or Picture again&s;t another, or to the di&s;grace of others, or whereby to move contention among&s;t men.</P>
<P>And touching this devilli&s;h invention of Libelling and Defa|ming others, in the&s;e dayes more frequent then ever, by fal&s;e and horrible lies and &s;landers, and Pamphlets publi&s;ht even again&s;t the <HI>Parliament</HI> it &s;elf and every Member of it, and every man that wi&s;hes well to it, your &s;elves can te&s;tifie how frequent it is, and hath been of late, and therefore <HI>I</HI> be&s;eech you be carefull to finde out &s;ome of tho&s;e who have been offenders in it:</P>
<P>And thus you have here mention of the Offences again&s;t Pub|like Peace, which are as &s;o many Di&s;ea&s;es in the Heart of the Po|tique Body of the Commonwealth.</P>
</DIV2>
</DIV1>
<DIV1 TYPE="section">
<HEAD>Next comes the Offences again&s;t Publike Iu&s;tice, which are al&s;o to be found out by us; and the&s;e are either again&s;t Iu&s;tice in the generall, or are Offences by Officers tru&s;ted in particular Admini&s;trations, or by Artificers, and Labourers, and Ma&s;ters and &s;ervants.</HEAD>
<DIV2 TYPE="part">
<HEAD>Offences again&s;t Ju&s;tice in generall.</HEAD>
<P>IF any be a common &s;tirrer and procurer of Law-Sutes, or a common Brabler or Quarreller among his Neighbours; this is <HI>Barratry.</HI></P>
<P>If any Buy or Contract for a pretended Right or Title to Land, or other thing in Controver&s;ie of Suite, this is unlawfull buying of Titles:</P>
<P>If any maintain the Law-Suite of another, to have part of the thing in demand, or otherwi&s;e; this is maintenance of Champerty.</P>
<P>If any get Goods of another into his hands by fal&s;e Tokens and Me&s;&s;ages; this is a deceit puni&s;hable.</P>
<P>If any counterfeit any Deed or Writing, and publi&s;h it as true, this is Forgerie:</P>
<P>If any corrupt a Jurie man, by Briberie, or Menace, to divert him from giving a ju&s;t Verdict, this is Imbracerie:</P>
<P>If any corrupt you of the Grand-Jurie by Bribes, or otherwi&s;e, to make favourable Pre&s;entments:</P>
<P>If any Informer upon Poenall Laws do not duely pur&s;ue his Information, or if he &s;ue out Proce&s;&s;e before the Information be exhibited, or compound before the Defendant hath an&s;wered,
<PB N="21" REF="10"> or after an&s;wer, without Licen&s;e:</P>
<P>If any wilfully and corruptly &s;wear fal&s;ly in evidence to a Ju|rie, it is perjury, and to procure another &s;o to do, is &s;uborna|tion of Perjurie:</P>
<P>If any take more Intere&s;t upon Loan of Money, then after 8 l. <HI>per Centum</HI> for a year, this is unlawfull U&s;ury and Extortion.</P>
</DIV2>
</DIV1>
<DIV1 TYPE="section">
<HEAD>Touching publike Officers tru&s;ted in the admini&s;tration of Ju&s;tice, and failing in their duty.</HEAD>
<DIV2 TYPE="part">
<HEAD>Fir&s;t the Sheriffe.</HEAD>
<P>THis is a great Officer, and is much tru&s;ted in the Service of the People, and by the Statute of <HI>Articulum &s;uper Chartas,</HI> is to be cho&s;en yearly by the People, that they might the better be a&s;&s;ured of tho&s;e they tru&s;ted: But this Priviledge of Election (among others) the People have lo&s;t, and the Court of later Times did learn how to make profit, both by Electing Sheriffs, as al&s;o by keeping them off from being Elected:</P>
<P>In his Office you finde him a Judge, and a Mini&s;ter of Ju&s;tice: He is a Judge in his Court, called the <HI>Turne,</HI> and &s;its as Judge, and hath the profits in the Court, called <HI>The Countie Court.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the <HI>Turne</HI></HEAD>
<P>If the Sheriffe or his Deputy do not &s;end Indictments found in his <HI>Turne,</HI> to the next Se&s;&s;ions:</P>
<P>If the Sheriff or Bailiffs arre&s;t any per&s;on upon an Indictment in his <HI>Turne,</HI> or levie the Fines, or Amerciaments impo&s;ed in his <HI>Turne,</HI> without Warrant indented from the Se&s;&s;ions.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching the <HI>Countie Court.</HI></HEAD>
<P>If the Sheriffe, or his Bailiffe enter Plaints in his Countie Court in the Ab&s;ence of the Plaintiffe, or of &s;ome other known per&s;on authorized by him.</P>
<P>If the Sheriffe or his Bailiffs enter more Plaints then one in his Countie Court upon one Cau&s;e of Action.</P>
<P>If the Sheriffe or his Bailiffs fail to Summon the Defendant to appear at the County Court:</P>
<P>If the Sheriffe or his Bailiffs leavie the Amerciaments &s;et in the Countie Court upon the Defendants for not Appearing, call'd <HI>The Sheriffs Amerciaments,</HI> without an indented E&s;treet between him and two Ju&s;tices of the Peace, as a Mini&s;ter of Ju&s;tice.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="22" REF="11">
<HEAD>As a Mini&s;ter of Ju&s;tice.</HEAD>
<P>If the Sheriffe let his Countie or Bailiwick to farme:</P>
<P>If the Sheriffe or his Bailiffes collect the Greenwax E&s;treats of the Exchequer, without &s;hewing the E&s;treats under Seal.</P>
<P>If the Sheriffs Officer or Gaoler for any cau&s;e but Court-Fees, detain any pri&s;oner in Gaol after the Court hath di&s;charged him.</P>
<P>If any Sheriffe make out any Warrant to make an Arre&s;t, not having the Proce&s;&s;e then in his cu&s;tody:</P>
<P>If the <HI>Sheriff</HI> or his Deputie take for Breaking-up a Common Law mean Proce&s;&s;e, and making an Arre&s;t, above two &s;hillings four pence, <HI>viz.</HI> twenty pence the Warrant, four pence the Ar|re&s;t, and four pence the Bond, if the Defendant be Bound, or four pence the Gaoler, if the Defendant come to the Gaole:</P>
<P>If the <HI>Sheriff</HI> or his Deputy take above one &s;hilling at pound for rai&s;ing an Execution under one hundred pounds, &amp; &s;ix pence at pound for every hundred pounds more, and this after the Ex|ecution is levyed:</P>
<P>If the <HI>Sheriff</HI> or his Bailiff take any Money, or other Reward for &s;paring an Arre&s;t, or for letting to Bayl per&s;ons not Baylable, or for &s;hewing him any other favour:</P>
<P>If the <HI>Sheriffs</HI> refu&s;e to let to Bayl per&s;ons Arre&s;ted upon mean Proce&s;&s;es, who are Baylable by Law:</P>
<P>If the <HI>Sheriff</HI> or his Deputy take a Bond for appearance of any other Forme then that directed by the Statute:</P>
<P>If the <HI>Sheriff</HI> return any Jurors without their true Additions.</P>
<P>If the <HI>Sheriff</HI> or his Deputie take any thing for making and returning Pannels of Juries, or take above four pence for the Copie of one Pannell.</P>
<P>If the <HI>Sheriff</HI> or <HI>Gaoler</HI> deny to receive without Fee Felons &s;ent to the Gaole.</P>
<P>If the Bayliff of any Libertie do not perform the &s;ame duties as they are injoyned to <HI>Sheriffs</HI> in executing Warrants &amp; Proce&s;&s;es di|rected to them:</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD><HI>Touching the Con&s;table.</HI> This is an Officer of Iu&s;tice, and an Officer of Peace, and is of great Tru&s;t and good u&s;e, if he perform his Duty, and there|fore by the way let me &s;ay, that care mu&s;t be taken by the Ju|&s;tices of Peace, and Stewards in Leetes, that able and hone&s;t per&s;ons, and fit for the &s;ervice be put into this imployment.</HEAD>
<PB N="23" REF="11">
<P>IF he do not endeavour to pre&s;erve the Peace, and prevent the breach of it.</P>
<P>If he do not Arre&s;t night-walkers, and &s;u&s;pected per&s;ons.</P>
<P>If he do not ha&s;tily pur&s;ue, Hue and Crie after Murtherers, and Robbers:</P>
<P>If he do not cau&s;e Watch by Night, and Ward by Day to bee kept within his Office from <HI>A&s;cen&s;ion</HI> day to <HI>Michaelmas</HI> day, and Ward by day the re&s;t of the year.</P>
<P>If he do not truly execute and return all Warrants &s;ent to him from Ju&s;tices of the Peace:</P>
<P>If he do not appoint in <HI>Ea&s;ter</HI> week Over&s;eers of Highwayes:</P>
<P>If he do not apprehend Beggars, Rogues and Vagabonds that are wandring or begging within his Office, and if any have hin|dred him from doing his dutie therein;</P>
<P>If he do not puni&s;h by Stocking &s;uch as refu&s;e to labour in Hay and Harve&s;t Time:</P>
<P>If he do not Inventory Felons Goods hapning within his Office.</P>
<P>If he do not once a month &s;earch Alehou&s;es, Maltmakers hou|&s;es, and hou&s;es of gaming and Bawdery.</P>
<P>If he do not pre&s;ent at the Se&s;&s;ions, or to the next Ju&s;tices, the di&s;orders in Alehou&s;es, defects in Highwayes, Recu&s;ants ab&s;ence from Church; And &s;uch as keep Doggs, Gunnes, Nets, and the like, for the unlawfull taking of Wilde-Fowle, and Hares.</P>
<P>If he do not drive the Commons within his Office for infected and unlawfull Cattell, once (at lea&s;t) in Summer:</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Coroner.</HEAD>
<P>IF he fail to performe his dutie upon Summons, as well where the Fact is by mi&s;adventures, as by mans hand:</P>
<P>If he take any Fee where the Fact is by mi&s;adventure.</P>
<P>If he take any Fee above thirteene &s;hillings foure pence where the Fact is by mans hand, and that of the Goods of the Man&s;layer, if he be in Cu&s;todie, or <HI>if</HI> he e&s;cape, then of the Town where the Fact was done.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Cleark of the Market.</HEAD>
<P>IF hee take any common Fine for di&s;pen&s;ing with faults in Weights and Mea&s;ures.</P>
<P><HI>If</HI> he take any Fee for Marking Weights and Mea&s;ures, but
<PB N="24" REF="12"> tho&s;e allowed, one pennie for a Bu&s;hell, and 100 weight; half a penny for half a Bu&s;hell, and halfe 100 weight; a farthing for every le&s;&s;e weight or Mea&s;ure.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Cleark of the Peace.</HEAD>
<P>IF he take any Fee for his Office doing, but tho&s;e allowed, <HI>viz.</HI></P>
<P>For an Alehou&s;e Recogni&s;ance one &s;hilling.</P>
<P>For a Badgers or Drovers Licen&s;e two &s;hillings.</P>
<P>For Inrowlling Pre&s;entments for Recu&s;ants,</P>
<P>For Inrowling of a Recognizance of a Rogue taken into &s;er|vice, one &s;hilling.</P>
<P>For Inrowling a Deed of Bargain, and Sale of Land, being un|der forty &s;hillings <HI>per Annum</HI> value, one &s;hilling.</P>
<P>And if it exceed forty &s;hillings <HI>per annum</HI> value, two &s;hillings &s;ix pence.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Ordinary.</HEAD>
<P>If he take any Fee but tho&s;e allowed for Proving of a Will, or granting an Admini&s;tration, <HI>viz.</HI></P>
<P>Where the Inventorie exceeds fortie pounds, five &s;hillings.</P>
<P>Where it is under forty pounds, and above five pounds, his fee is three &s;hillings &s;ix pence.</P>
<P>Where but five pounds or under, he mu&s;t have &s;ix pence.</P>
<P>Or a penny for every ten Lines ten Inches long, which Rate is al&s;o allowed for their Copies;</P>
<P>And what is taken more then tho&s;e, is Extortion.</P>
<P>If any Mini&s;ter take any Mortuary, but where the cu&s;tome of the Place allowes it; or where it is allowed, if he take any Mor|tuary 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 &s;hillings four pence where the Inventory is above ten Marks, and under thirty pounds; or if he take above fix &s;hil|lings eight pence where the Inventory is above thirty pounds and under forty pounds; or if he take above ten &s;hillings where the Inventory is above forty pounds.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Searchers and Sealers of Leather.</HEAD>
<P>IF they be not appointed by the Owner of the Market in Mar|ket Townes:</P>
<P>If they (being appointed) refu&s;e the Office:</P>
<PB N="25" REF="12">
<P>If they do not in covenient time performe their Dutie and Of|fice upon particular occa&s;ions when Leather is brought to them to view:</P>
<P>If they be not furni&s;ht with a Regi&s;ter-Book and a Seal.</P>
<P>If they fail to &s;et down all Bargains of Tand and unwrought Leather.</P>
<P>If they allow &s;uch as is in&s;ufficient or di&s;allow &s;uch as is &s;uffici|ent.</P>
<P>If they take any Fee, &s;ave &s;uch as is allowed, <HI>viz.</HI> for every can Hides two pence, and for every &s;ix dozen of Calf-Skins 2 pence:</P>
<P>If Triers of Tand-Leather &s;eized for in&s;ufficient be not appoin|ted by the Owners and Rulers of Fairs or Markets.</P>
<P>If the Tryers refu&s;e to perform their dutie.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tolgatherers.</HEAD>
<P>IF Owners or Rulers of <HI>Fairs</HI> and Markets have not appointed &s;ome certain place for &s;ale of Hor&s;es there, and a Toll-gatherer to attend.</P>
<P>If the Toll-gatherer do not &s;it in open place in Markets and Fayers, where Hor&s;es and Cattell are &s;old, and continue there from ten of Clock in the Morning, till Sunne-&s;et.</P>
<P>If he do not keep a Regi&s;ter-Book, and therein &s;et down the Bargains brought before him, and have the Parties and Vouchers pre&s;ent which he knows.</P>
<P>If he take any <HI>Fee</HI> or Reward &s;ave that allowed, <HI>viz.</HI> a penny for one Bargain.</P>
<P>If any per&s;on comming in as a Voucher, take upon him the knowledge of the Seller, and do not intruth know him.</P>
<P>If the Toll-gatherer refu&s;e to deliver a Copie of his Entry, or take above two pence for it.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Over&s;eers of the Poor.</HEAD>
<P>IF they refu&s;e to execute their Office, being appointed thereto by the Ju&s;tices of Peace.</P>
<P>If they do not provide a common &s;tock, and take care to keep the Poor at work upon the common Stock of the Pari&s;h.</P>
<P>If they doe not meet once a moneth particularly to conferre about the performance of their dutie.</P>
<P>If they do not rai&s;e a weekly Taxation for the maintenance of the impotent poor.</P>
<PB N="26" REF="13">
<P>If they &s;uffer their Pari&s;hners to wander and begge out of their Pari&s;h.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Over&s;eers of High-Wayes.</HEAD>
<P>IF they refu&s;e to execute the Office, being cho&s;en thereto by the Con&s;table and Neighbourhood.</P>
<P>If they do not upon the next Sunday after <HI>Ea&s;ter</HI> appoint publikely in the Church &s;ix dayes betwixt that and Mid&s;um|mer for the Neighbours to meet for mending the Highwayes in the Pari&s;h.</P>
<P>If they doe not attend at the dayes appointed to direct the Works.</P>
<P>If they do not pre&s;ent to the next Ju&s;tice of Peace, or at the next Se&s;&s;ions the defaults of ab&s;ent Pari&s;hners.</P>
<P>If they do not pre&s;ent to the two next Ju&s;tices of Peace the defects of Highwayes, &amp; of not &s;cowring the Ditches, that &s;hould lead and avoid the Water from &s;tanding in High-wayes.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Touching Artificers, Labourers, Ma&s;ters and Servants.</HEAD>
<P>IF Artificers, Labourers or Servants con&s;pire what Wages to take and not to work under tho&s;e Rates.</P>
<P>If Artificers or Labourers undertake Work, and depart before it be fini&s;hed.</P>
<P>If they do not continue from five a Clock in the Morning till &s;even at night in the Summer, and from &s;even till five in Winter.</P>
<P>If Labourers or Servants take any more Wages then the Rates allowed by the Ju&s;tices.</P>
<P>If any Servant a&s;&s;ault Ma&s;ter or Mi&s;tre&s;&s;e.</P>
<P>If a Trade&s;man retain a Journeyman for le&s;&s;e time then a year.</P>
<P>If for every three Prenti&s;es they do not keep one Journeyman, and for every Prenti&s;e above three one Journeyman more.</P>
<P>If they refu&s;e to labour in Hay-time or Harve&s;t.</P>
<P>If a &s;ervant depart from one Pari&s;h to another without a Te|&s;timoniall from his Ma&s;ter.</P>
<P>If any Ma&s;ter Hire any &s;uch &s;ervant wanting a Te&s;timoniall.</P>
<P>If any &s;ervant depart within his Terme, or at the end of his Terme without a Quarters warning, unle&s;&s;e the cau&s;e be allowed before two Ju&s;tices of Peace.</P>
<P>If any Ma&s;ter put away his Servant within his Term, or at the
<PB N="27" REF="13"> end of his Terme, without a Quarters-warning, unle&s;&s;e the cau&s;e be allowed before two Ju&s;tices of Peace.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Braziers and Pewterers.</HEAD>
<P>IF any Brazier or Pewterer buy or exchange any Metall belong|ing to his Trade, but in his open Shop, or Fair, or Market.</P>
<P>If they &s;ell their Wares of Metall not of the Allay of <HI>London.</HI></P>
<P>If they u&s;e any deceitfull Weights, or fal&s;e Beams.</P>
</DIV2>
</DIV1>
<DIV1 TYPE="section">
<HEAD>Cordwayners, <HI>viz.</HI> Tanner, Currier, Shoomaker and Butcher dealing with the Hide.</HEAD>
<DIV2 TYPE="part">
<HEAD>Tanner.</HEAD>
<P>IF he &s;et his Fatts in Tannhills.</P>
<P>If he overlime his Hides.</P>
<P>If he Tann any Leather in warme Owze:</P>
<P>If he do not work the Lyme well out of the Leather:</P>
<P>If he u&s;e any Stuffe but Malt, Meale, Tapwort, Henn-dung, Culidding, A&s;hbark, Oakbark:</P>
<P>If he u&s;e any deceitfull mixture for rai&s;ing his Hides:</P>
<P>If he &s;uffer his Hides to be frozen with Winter Fro&s;t, or to be parcht with Sommer-Sunne, or to bee dryed by the fire:</P>
<P>If he Tann any rotten Hides:</P>
<P>If he do not renew his Owze &s;o oft as need requires:</P>
<P>If he do not keep his Soal-Leather twelve moneths, and upper Leather nine moneths in the Owze:</P>
<P>If he &s;ell any Tann'd Leather, which is in&s;ufficiently Tann'd.</P>
<P>If he &s;ell any Tann'd Leather out of a Market.</P>
<P>If he &s;ell any Tann'd Leather before it be &s;earch't and Seal'd.</P>
<P>If any Tanner be a Curryer or Shoomaker, or u&s;e any other Trade which cuts Leather, or &egrave; <HI>contra.</HI></P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Curryer.</HEAD>
<P>IF he dwell out of a Market Town, or exerci&s;e his Trade in a Shoomakers Hou&s;e.</P>
<P>If he Currey any Leather but &s;uch as is &s;ufficiently Tann'd.</P>
<P>If he u&s;e any other &s;tuffe in Currying outer Soal Leather, but good hard Tallow, and no le&s;&s;e thereof then the Leather will re|ceive.</P>
<P>If he ga&s;h or &s;call'd any Hide, or &s;have any Leather too thinne.</P>
<PB N="28" REF="14">
<P>If he refu&s;e to Curry Leather brought to him with &s;tuffe to work it, or if he keep it in Summer above eight dayes, and in Winter above &s;ixteen dayes</P>
<P>If he be a Tanner or Shoomaker while he is a Curryer.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Shoomaker.</HEAD>
<P>IF he do not make his Wares of good Leather, Soal and Upper Leather well Tann'd, and well Sew'd with threed well-wax'd, and twi&s;ted, and hard-drawn with Hand-Leathers.</P>
<P>If he mixe his Wares, part Neats Leather, part Calf, Hor&s;e or Bull Hide.</P>
<P>If he Sell any Wares upon Sundayes.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Butcher.</HEAD>
<P>IF he ga&s;h, &s;laughter, or cut any Hide in Fleaing.</P>
<P>If he water any Hide &s;ave in June, July, or Augu&s;t.</P>
<P>If he &s;ell any corrupt or rotten Hides.</P>
<P>If he &s;ell any Hide but in open Market.</P>
<P>If he u&s;e the Trade of a Tanner.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tann'd Leather.</HEAD>
<P>IF any buy Tann'd Leather Red and unwrought, and doe not make it into made Wares.</P>
<P>If any but Tanners buy rough Hides.</P>
<P>If any buy Tann'd Leather out of a Market.</P>
<P>If any buy Tann'd Leather, before it be Searcht and Sealed.</P>
<P>If any refu&s;e and re&s;i&s;t the Searchers to make Search.</P>
<P>If any ingro&s;&s;e Oak-Bark.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Cloth-makers.</HEAD>
<P>IF any u&s;e Racking of Linnen Cloth, or u&s;e Lime, or other un|due mixture in Whitening Linnen-Cloth.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Cooper.</HEAD>
<P>IF he make his Ware of un&s;ea&s;oned Wood:</P>
<P>If he do not make it of due A&s;&s;ize, <HI>viz.</HI> The Barrell 36 gal|lons of Beer, and of Ale 32 gallons.</P>
<PB N="29" REF="14">
<P>The Kilderkin 18, or 16, gallons of Soap:</P>
<P>The Firkin 9, or 8, gallons.</P>
<P>If he do not &s;et his Mark upon it:</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Tile-maker.</HEAD>
<P>IF he do not digg his earth before the fir&s;t of <HI>November,</HI> and turne it over before the fir&s;t of <HI>February,</HI> and turn it again be|fore the fir&s;t of <HI>March,</HI> and then trie and tue it from Stones:</P>
<P>If he make them of le&s;&s;e A&s;&s;ize then ten inches and a half long, and &s;ix inches and a quarter broad; gutter Tyle ten inches long, and ridge Tyle fourteen inches long, and half an inch and quar|ter thick.</P>
<P>And &s;o <HI>I</HI> have done with the Offences of this kinde, which are again&s;t publique Ju&s;tice; and now <HI>I</HI> come to tho&s;e which are again&s;t the publike plentie of the Stores of <HI>food</HI> and <HI>provi&s;ion</HI> for the people, and are therefore in the&s;e hard and dear times to be mo&s;t carefully prevented, if it may be, at lea&s;t by &s;uch wayes as the Law directs:</P>
</DIV2>
</DIV1>
<DIV1 TYPE="section">
<HEAD>Touching the Plentie of the Countrey, and the di&s;orders by Victuallers</HEAD>
<P>IN generall what&s;oever tends to inhance the Price of Victuall by unlawfull increa&s;ing particular mens profits by, it is an offence again&s;t the plenty of it, and therfore</P>
<P>If any do buy any &s;ort of Victuall as it is comming to a Market or Fair either by Water or Land, it is fore&s;talling.</P>
<P>If any buy Victuall in a Market, and &s;ell it again within four miles, it is regrating:</P>
<P>If any buy any dead Victuall or Corne growing upon the ground, with intent to &s;ell it again, it is ingro&s;&s;ing:</P>
<P>If any Victuallers con&s;pire to &s;ell their Victuall at unrea&s;onable prices:</P>
<P>If any Victuallers &s;ell any unwhole&s;ome Victuals:</P>
<P>If any buy Corn having &s;ufficient for his Hou&s;e-Provi&s;ion for a year, and do not bring &s;o much other Corn to the Market to bee &s;old:</P>
<P>If any Drover or other buy Cattell, and &s;ell them again alive within five weeks:</P>
<P>If any per&s;on take upon him to be a Bagger of Corn, not being
<PB N="30" REF="15"> lawfully Lycen&s;ed by four Ju&s;tices of Peace.</P>
<P>If any buy Butter or Chee&s;e in gro&s;&s;e, and &s;ell it againe in gro&s;&s;e, or by retaile out of an open &s;hop.</P>
<P>If any forbear to rear Calves yearly, <HI>viz.</HI> one Calf for every two Kye, or every three&s;core &s;heep he keeps; or do not keep a miltch Cow for every three&s;core Sheep.</P>
<P>If any tran&s;port Sheep, Corn, Butter or Chee&s;e beyond-&s;ea.</P>
<P>If any keep above two thou&s;and Sheep at once.</P>
<P>If any de&s;troy Wilde-Fowls Egges, or take Wilde-Fowle be|tween the la&s;t of <HI>May</HI> and the la&s;t of <HI>Augu&s;t.</HI></P>
<P>If any Hawk in &s;tanding-Corn:</P>
<P>If any (not qualified) keep Doggs, Ferrets, Netts, or Engines to take Hares, Conies, Phe&s;ants, or Partridges:</P>
<P>If any trace Hares in the Snow:</P>
<P>If any Take or Kill Phe&s;ants, or Partridges with Engines, Nets, or Snares, or by &s;hooting in Gunnes.</P>
<P>If any &s;hoot Hail &s;hot in Gunnes:</P>
<P>If any hunt or kill Deer in Park or Warren:</P>
<P>If any &s;ell Phe&s;ant Partridge or Hare.</P>
<DIV2 TYPE="part">
<HEAD>Alehou&s;e-Keepers.</HEAD>
<P>IF any Alehou&s;e-Keeper keep an Alehou&s;e not being Licen&s;ed thereto:</P>
<P>If they &s;ell le&s;&s;e then a quart a penny the be&s;t, and two quarts a penny of the wor&s;er &s;ort:</P>
<P>If they &s;uffer unlawfull Games, Tables, Cards or Dice in their Hou&s;es:</P>
<P>If Inkeepers do not &s;ell their Hay &amp; Oats at rea&s;onable Prizes:</P>
<P>If Tavern-keepers &s;uffer people to &s;it Tippling in their hou&s;es</P>
<P>If any per&s;on continue Tippling and Drinking in Tavern, Inn or Alehou&s;e:</P>
<P>If any per&s;on be drunk.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Bakers.</HEAD>
<P>IF any Baker &s;ell his Bread of le&s;&s;e weight then the due A&s;&s;ize, <HI>viz.</HI> proportionable to the price of Corn in the Market, as it is regulated by a Printed A&s;&s;ize-book, &s;et out to that purpo&s;e.</P>
<P>If they do not &s;et their proper Mark upon their Bread:</P>
<P>If they give above thirteen to the dozen.</P>
<P>If any but Bakers bake Hor&s;e-Bread to &s;ell.</P>
</DIV2>
<DIV2 TYPE="part">
<PB N="31" REF="15">
<HEAD>Butchers.</HEAD>
<P>IF any Butcher kill and &s;ell Calfes under five weeks old, or any weanling under two years old:</P>
<P>If they &s;ell any mezelled Hogges, or Bea&s;t that dyed of the Murrain, or other corrupt or unwhol&s;ome meat.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Fi&s;h.</HEAD>
<P>IF any de&s;troy the Frie of Fi&s;h, or Fi&s;h with Nets le&s;&s;e then two Inches and a half, wide in the Ma&s;h:</P>
<P>If any kill any Salmon under &s;ixteen Inches long, or Pickerils under ten inches long, or Trowts under eight inches long, or Bar|bels under twelve inches long:</P>
<P>If dried fi&s;h (brought in by &s;trangers) be not of due A&s;&s;ize, <HI>viz.</HI> in Barrells of Herring two and thirty gallons, in Barrells of Eels thirteen gallons: in a Butt of Salmon four&s;core &amp; 4 gallons.</P>
<P>If any bring Codd or Lyng from beyond-Sea in Barrels to be &s;old, or otherwi&s;e then loo&s;e in bulk:</P>
<P>if any &s;et Tax, or Toll, or re&s;traint upon fi&s;h brought into this Nation to be &s;old:</P>
<P>If any cut out or de&s;troy Heads or Damms of Ponds, Motes, or Stews of fi&s;h, or fi&s;h many &s;everall fi&s;hings.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Malt-makers.</HEAD>
<P>IF any Maltmaker do not make his Malt of good and &s;weet Bar|ley, not Mow-burnt or Spired Barley.</P>
<P>If they do not rubb it, and dre&s;&s;e it well, and fanne half a Peck of du&s;t out of every Quarter:</P>
<P>If it be le&s;&s;e time then three weeks in the Fatt, Flowre, &amp; drying.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Milner.</HEAD>
<P>IF any Milner take exce&s;&s;ive Toll for grinding Corn, <HI>viz.</HI> above a twentieth part, or four and twentieth part, according to the &s;trength of the Water.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>Wine.</HEAD>
<P>JF any bring in Wine in Forraign Bottomes.</P>
<P>If any bring in Wine in Ve&s;&s;els not of due A&s;&s;ize, <HI>viz.</HI> the
<PB N="32" REF="16"> Butt 126 gallons, Hog&s;head 63 gallons, Pipe 126 gallons, Terce 84 gallons, Tunne 252 gallons.</P>
<P>If any &s;ell Wine above the Price Proclaimed in Chancery.</P>
<P>And thus you &s;ee how the Publike plenty of the Countrey is di|mini&s;hed for a few mens particular gains, &amp; you &s;ee al&s;o how the abu&s;es may be reformed, to a general advantage of all the people.</P>
</DIV2>
<DIV2 TYPE="part">
<HEAD>La&s;tly, Common Nu&s;ances are to be enquired after.</HEAD>
<P>TOuching Common-Nu&s;ances, or Offences done again&s;t the generall ea&s;ements of the People, as again&s;t the health, beautie, and good Complexion of the Body Politick, are the&s;e.</P>
<P>If any erect a Cottage, and do not lay four Acres of ground to it, to be occupyed with it:</P>
<P>If any continue &s;uch unlawfull Cottage.</P>
<P>If any keep an Inmate, or under&s;itter in a Cottage.</P>
<P>If any common Bridge be out of repair:</P>
<P>If High-wayes to Market Towns be not inlarged and clean&s;ed of Wood 200 Foot at lea&s;t:</P>
<P>If any common High-way be out of repair, or if any Ditches be un&s;cowred, or undre&s;t, which &s;hould convey and avoid the water from &s;tanding in High-wayes:</P>
<P>If the Pari&s;hners have not met at the day appointed to mend the High-wayes, as the Law directs:</P>
<P>If any keep common-gaming hou&s;es, Bowling-Allies, or the like:</P>
<P>If any common Vagabonds and Beggars, or wandring Rogues, or dangerous Rogues do pa&s;&s;e, or be &s;uffered to pa&s;&s;e from place to place, or be relieved in places where they come:</P>
<P>If any keep or u&s;e unlawfull Weights and Mea&s;ures not accord|ing to the Standard of the Exchequer; or if Weights and Mea|&s;ures of the Standard A&s;&s;ize be not kept in every Market Towne:</P>
<P>If any u&s;e any Weights or Mea&s;ures un&s;earch'd or un&s;eal'd:</P>
<P>If any prophane the Lords Day, <HI>viz.</HI> by travelling that day, or by u&s;ing &s;ports, and unlawfull exerci&s;es that day:</P>
<P>If any prophanely &s;wear or cur&s;e:</P>
<P>If any keep a &s;toned Hor&s;e in any common ground, not being fourteen handfuls high</P>
</DIV2>
</DIV1>
<DIV1 TYPE="conclusion">
<P>And thus you &s;ee how the wi&s;dome of the Common Laws of this Nation, and of the Parliaments from time to time hath pro|vided
<PB N="33" REF="16"> for the &s;ecurity and ea&s;e of the people, and hath furni&s;hed us with a Salve for every Soar, and gives us rules and in&s;tructions how to govern our &s;elves, that we may be helpfull and u&s;efull to one another; and from whence it is that we may well conclude, <HI>If we keep the Law the Law will keep us,</HI> and that <HI>If we place the Law in the Throne the Law will pre&s;erve &amp; protect us in &s;afetie and &s;ecurity.</HI> Touching the&s;e Offences which are committed by di&s;obedient &amp; lawle&s;s per&s;ons, you who are cull'd out from all the parts of the Countrey and cho&s;en to be the chief Agents and fir&s;t Movers (as I may &s;peak) in this work of Ju&s;tice, which is the &s;ubject of this dayes Service, and are the Countreys Tru&s;tees for that purpo&s;e; I do not que&s;tion but your publike &s;pirits are &s;uch, and common love to your Countrey &s;uch (taking in even your own Intere&s;ts &amp; particular Profits and Concernments) that you will be more then ordinarily carefull to clean&s;e the Countrey of the&s;e Weeds, and darnell and Cockle that growes up among the Corn, Tho&s;e wic|ked and unrea&s;onable men, which are as Pricks and Goads in the Sides of others, and live idlely, loo&s;ely and wickedly among the people, and are as &s;o many Plague-Soars &s;pread over the bodie of the Countie; and the way to clean&s;e the Countrey of them, is is to execute Ju&s;tice upon them; for the execution of Ju&s;tice is the work of God him&s;elf, the end of the Law, the Command of the <HI>Parliament,</HI> the Magi&s;trates Honour, the Offendors Terrour, and the expectation of all hone&s;t men: And therefore (as once it was &s;poken in another ca&s;e) let it not &s;eeme a &s;mall thing to you who are to begin this Work of Ju&s;tice, that you are &s;epara|ted from the Congregation, and brought near to the God of Hea|ven to do the Service of the Tabernacle and to &s;tand before the people, and to mini&s;ter unto them. And having &s;aid thus much, I leave what remains to your diligence: All our Service begins in you, its your <HI>Ignoramus,</HI> or <HI>Billa vera</HI> which opens and &s;huts, which &s;huts and no man opens.</P>
<TRAILER>FINIS.</TRAILER>
</DIV1>
</BODY>
</TEXT>
</EEBO>
</ETS>
