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20 March 1649: Judge and Yorkshireman Francis Thorpe justifies to the grand jury at York the recent execution of Charles I

Angels hold laurels for Charles I as he is beheaded outside Banqueting Hall, Whitehall on 30 January 1649

Angels hold laurels for Charles I as he is beheaded outside Banqueting Hall, Whitehall on 30 January 1649 (Anon N.d.).

Francis Thorpe. 1744 (1649). Serjeant 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. The Harleian miscellany, Vol. 2. London: Thomas Osborne. Get it:

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Excerpt

Touching the government of this nation, it hath anciently been monarchical, in the frame and constitution of it; but yet it never was a pure monarchy, for a pure monarchy is a clear tyranny. But it was a political monarchy, or monarchy governed by laws, taking in thereto all the goods, and avoiding all the ills, both of aristocracy and democracy; and so I may truly say, that look upon the frame and constitution of it alone, and, as it were, upon the theoretical and contemplative part of it; and, supposing it possible that the practice would answer the theory, no man can deny, but that it was a frame of most excellent order and beauty. For, first, it had a king, the chief officer, one single person; and therefore, avoiding the proud factions and contentions, usually happening in aristocracy, as likewise, the disordered confusions, common in single democracy; but yet a king bounded and compassed with laws above him, being the rules already made and given him to rule by; and, with a necessity of concurrence and compliance, with Lords and Commons below him, for future legislative power and authority, and so avoiding the danger of tyranny usually incident to monarchies, which commonly makes the monarch’s will the law, and so establishing the government upon this foundation, voluntas lex imperatoris esto.

But, alas! when I have showed you the frame and constitution of the late government, I have showed you all the beauty of it; for, when you come to examine the practical part, you shall find nothing less than excellency or perfection in it. Look into your own stories, and you shall always find the King and great Lords, comites suos, as they were called, encroaching upon the People’s liberties and rights, and encroaching to themselves superlative prerogatives and dominion over them. On the other side you shall find again the People struggling to preserve themselves and their own interests, labouring still to avoid the miseries, and to free themselves from the mischiefs of their sufferings.

To facilitate reading, the spelling and punctuation of elderly excerpts have generally been modernised, and distracting excision scars concealed. My selections, translations, and editions are copyright.

Abbreviations:

  • ER: East Riding
  • GM: Greater Manchester
  • NR: North Riding
  • NY: North Yorkshire
  • SY: South Yorkshire
  • WR: West Riding
  • WY: West Yorkshire

Comment

Comment

Sounds rather like Milton’s Tenure of kings and magistrates (Milton 1650).

Via Jonathan Healey.

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Original

Touching the government of this nation, it hath anciently been monarchical, in the frame and constitution of it; but yet it never was a pure monarchy, for a pure monarchy is a clear tyranny. But it was a political monarchy, or monarchy governed by laws, taking in thereto all the goods, and avoiding all the ills, both of aristocracy and democracy; and so I may truly say, that look upon the frame and constitution of it alone, and, as it were, upon the theoretical and contemplative part of it; and, supposing it possible that the practice would answer the theory, no man can deny, but that it was a frame of most excellent order and beauty. For, first, it had a king, the chief officer, one single person; and therefore, avoiding the proud factions and contentions, usually happening in aristocracy, as likewise, the disordered confusions, common in single democracy; but yet a king bounded and compassed with laws above him, being the rules already made and given him to rule by; and, with a necessity of concurrence and compliance, with Lords and Commons below him, for future legislative power and authority, and so avoiding the danger of tyranny usually incident to monarchies, which commonly makes the monarch’s will the law, and so establishing the government upon this foundation, voluntas lex imperatoris esto.

But, alas! when I have showed you the frame and constitution of the late government, I have showed you all the beauty of it; for, when you come to examine the practical part, you shall find nothing less than excellency or perfection in it. Look into your own stories, and you shall always find the king and great lords, comites suos, as they were called, encroaching upon the people’s liberties and rights, and encroaching to themselves superlative prerogatives and dominion over them. On the other side you shall find again the people struggling to preserve themselves and their own interests, labouring still to avoid the miseries, and to free themselves from the mischiefs of their sufferings.

348 words.

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