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A42371 Englands grievance discovered, in relation to the coal-trade with the map of the river of Tine, and situation of the town and corporation of Newcastle : the tyrannical oppression of those magistrates, their charters and grants, the several tryals, depositions, and judgements obtained against them : with a breviate of several statutes proving repugnant to their actings : with proposals for reducing the excessive rates of coals for the future, and the rise of their grants, appearing in this book / by Ralph Gardiner ... Gardiner, Ralph, b. 1625. 1655 (1655) Wing G230; ESTC R3695 131,711 221

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to joyn issue upon to stand and fall by as I am by this challenging any to brand me with the least of injustice I ever did them being ready with my fortune to make good what I prosecute The thing I aim at is a right understanding between the free and unfree men of England a perfect love every one injoying their own and to be governed under our known and wholesome Laws as also an obedience thereunto and not by a hidden Prerogative alias Charters It being a wonder there dare be such presumption in this Corporation to exercise such insolencies which were the greatest obstructors of our Nations Liberties by garisoning that Town The Mayor Aldermen and Recorder with the Burgesses and others against the free-born of England which prohibited all Trade from the 9th day of January 1642. to the 14th of November 1644 in that Port which caused Coals to be four pound the Chaldron and Salt four pound the weigh the poor Inhabitants forced to flie the Country others to quarter all Armies upon free Quarter heavy Taxes to them all both English Scots and Garisons Plundered of all they had Land lying waste Coal-pits drowned Salt-works broken down Hay and Corn burnt Town pulled down mens wives carried away by the unsatiable Scots and abused All being occasioned by that Corporations disaffection And yet to tyrannize as is hereafter mentioned I appeal to God and the World Ralph Gardner Charter-Law with its Practice discovered CHAP. I. Newcastle upon Tynes Patron King John surnamed without land Raigned 17 Yeres and 7 monethes died ●9 dai● of october 121● Was buried att Worcester in the 51. Yere of his age A KIng John who usurped the Crown of England was only for formalities sake sworn by a Bishop who being demanded the reason why he did so said that by the gift of Prophecy certified that at some time King John would take the Crown and Realm of England and bring all to ruin and confusion he pretending the King his Brother was dead in the time of his being absent beyond Sea being the first Author of Charters for gain and people like himself for lucre of gain sold their Birth-right to become Bodies Corporate and oppressors of the free-born people of England For before Charters were all the Free-holders of England were free to make Laws for the good of the Nation but Corporations being subordinate to such Laws as he by his Prerogative gave them being repugnant to the known fundamental Laws of England In the first year of his reign dreadful tempestuous weathers by rains that the grounds were so spoiled that whereas corn was sold for one shilling the Boule in King Henry the seconds daies then cost 13 shillings the Boule also an abundance of fish found dead upon the Land by the corruption of the waters no hay could be mowed and hale as big as hens eggs B He was an Usurper a Tyrant a bloody person a Murderer a perjured person a covetous person a demolisher of famous Towns with fire and a seller of Englands Supremacy to the Pope whose reign was oppressive and end shame For further satisfaction I refer you to his true History I shall onely give a brief of some passages in his reign He made a Law that all Jews that would not turn Christians should pay a certain great sum of money or be imprisoned and when they did turn they they should have their money again a young Merchant paid 60 l. to continue a Jew and after turned to be a Christian then he demanded his money from the King but he being unwilling to part with money demanded what reason he had to turn and sent for his Father and Mother to dis-swade him and to perswade him to change again to be a Jew C He gave command that all the Jews in England and Wales to be forthwith imprisoned men women and children by reason they turned so fast to be of his Religion and then seized on all their riches to satisfie his covetous disposition and such as would not confess where their money was pulled out their teeth and eies and then took the thirteenth part of all estates moveable to war against the Earls of Marsh who desired him to forbear but he would not for which they dispossessed him of all his Lands in France c. He having little love to his Wife Izabel the Queen was divorced pretending she was too near of K●n to him and so took another D He murthered Duke Arthur Earl of Brittan his eldest Brothers Son being Heir to the Crown in the Castle of Roan in France and chased William de Branes out of England and caused his wife and children to be starved to death in Winsor Castle He dis-inherited many of the Nobility without Judgement of the Law and put to death Ramp Earl of Chester for reproving him for lying with his Brothers Wife and reproached others of his Nobles telling them how often he had defiled their beds and defloured their Daughters E He granted to the City of London their Charter and Letters Pattents to chuse their Mayor yeerly in the tenth year 1210 who governs well c. F He removed the Exchequer from London to Northampton and got a great Army to go against the King of Scots but the King of Scots met him and did him homage and gave him his two Daughters as pledges and Eleven thousand Scotch Marks and upon his return took homage of the Free-holders of England and sware them to his allegiance all above 11 years of age G He made oath to be obedient to the Pope of Rome by name Innocentius to Randolphe his B●ll who went with his Nobles to Dover where he met with the said Popes Bull and there resigned the Crown with the Realm of England and Ireland into the Popes hand See his Oath in chap. 59. B Upon which the Bishops who he had banished returned to England by leave from the Pope King John met them and fell flat upon his face on the ground and asked them forgiveness melting bitterly into tears c. H He grants the very next year after his power was given to the Pope unto the Town of Newcastle upon Tyne Letters Pattents to be a Corporation and to hold the said Town in Fee-farm at the rent of 100 l. per annum as by the said recited Letters Pattents in the second Chapter more at large appears An. 1213. Surely this Charter is not good by Law c. I He was the cause of firing the chief Town in Northumberland called Morpeth and caused many more Towns in England and Wales to be burnt The Barons of England being armed demanded of him the Laws and Liberties granted by King Edward the Confessor vulgarly called St. Edward he desired respite till Easter and gave Sureties to perform them K He met with the Barons of England in Running Meadow between Winsor and Stains upon the 16 of June granted under his hand to them the Liberties of England without
times of distresse and necessity H And of what able Sea-men they shall think fit for Pilots I And have hereby liberty to buy or take in at any place of the said Port of River Bread and Beer and other necessaries for their own spending and victualling K And that all Goods and Provisions which come in by Sea for the use of the Salt-works Colleries and other buildings at or near the Shields may be delivered at the Shields course being taken for paying and satisfying all duties payable for the said goods and provisions L And all persons who are willing are hereby encouraged and have liberty to build ships and vessels on the said River for the encrease of Trade and Navigation M And that all this be done without any Fine Imprisonment Confiscation or other molestation of any person vessell or goods for or in reference to any of the Princes any Law Usage Practice Custome Priviledge Grant Charter or other pretence whatsoever to the contrary notwithstanding Provided alwayes N And it is hereby Enacted that no Ship or Vessell whatsoever that shall bring in any kind of Merchandize or Grain for the proper use of the Town of Newcastle usually coming to the said Town of Newcastle and places adjacent beyond shall deliver or land the same or any part thereof at any other place within the said Harbour or Port but at the said Town or as near to it as formerly have been accustomed O And to the end so useful a Commodity at that of Sea-Coal wherein the poor of this Commonwealth are so principally concerned may come cheaper to the Market and that Coal-owners may not be in a worse condition then the rest of the free people of this Nation Be it Enacted and Ordained That the said Coal-owners in the respective Counties adjacent to that River may and have hereby liberty to let Leases of their Coal-pits and to sell their Coals to whom they please as well to ships as else-where for benefit of the publick though they be not free of that Corporation of Newcastle due course being taken for securing paying and satisfying to the State all duties payable thereupon And be it further Enacted That North-Shields in the County of Northumberland be made a Market-Town two dayes in the week to be holden or Munday and Thursday for the relief of the Country the Garrison of Tynmouth Castle the great confluence of people and fleets of ships and that the Commissioners of the Great Seal be hereby Authorized to issue out such powers as are requisite and usually done to other Markets in the Commonwealth This is the Copy of what was to have passed after debate if the late Parliament had continued c. appointed to be drawn up by Order Having given a short Relation of the sad Events by Charters and acted by subjects I shall now trouble your eye and ear to her what Kings have done to these poor Northern people formerly Therefore now deliverance is expected c. leaving it to the judgement of the Reader to judge whether it be not time c. viz. The Danes laid claim to the Crown of England the Kings laid claim to the peoples Lives and Corporations to their estates what was free Judge what reason England hath to submit to those Illegal Charter-laws invented by a Prerogative whose usurpation was not to be owned as by the sequell appears King Harrold who assumed the Crown of England to himself lead an Army to battell in Sussex where William the Conqueror Bastard Earl of Normandy met him having the assistance of the Earl of Flanders by reason he was promised a good part of England if he Conquered it at which place King Harrold was killed and sixty seven thousand nine hundred seventy four English-men In the year 1060. at which time he consumed many Towns subduing where ever he came except Kent who contracted to hold their land in Gavel-kind all England else being over-come by this said Stranger c. When the Normans ruled England the Laws were in that Tongue but they being extinguished we find the benefit of our Laws in our own Tongue and doubts not but to be restored to our ancient right for so long as Monarchs were Rulers Monopolies were in force but now such power being thrown out of doors and being become a Civill free State under the Government of our own Free-born Chosen according to the Command of God as Deut. 17. 14 15. by which Monopolizers dare not assume to petition for a revival of such their Illegal grants being found to be the greatest of evills in a Commonwealth All Kings were sworn that Justice should neither be bought nor sold nor any hindred from it to ordain good Laws and withstand all Rapines and false Judgements Charters are no other than Commissions Impowring persons uncapable of the Laws to be Judges and Justices in every respective Corporation which Charter and Commission is sold and the members thereof are Judges in their own causes So Justice is both bought and sold besides breach of Oath neither can a Foreigner obtain any right if it be against the said Corporation so that it is right in these Judges judgement to do wrong I shall give you a short Relation of the Miseries the County of Northumberland hath tasted of to this day from William the Conqueror and what little need there is Newcastle should so Tyrannize over them c. WIlliam the Conqueror having killed many and destroyed the land and brought under his subjection the people caused such who did oppose his forces at Ely to have their legs and hands cut off and their eyes put out and then gave liberally to all his Norman race Earldoms Baronies Bishopricks Honours Mannors Dignities and Farms all being got by the sword Upon his Divisions c. the Earle of Flanders sent to know what part he should have for assisting him who sent him word nothing at all by reason all was but little enough for himself Then he gave to his Son Robert Cuming the Earldome of Northumberland who in possessing of it acted such cruelty with his Army which came against Malcolm King of the Scots The said Robert built the Castle called the Newcastle upon the River of Tyne in the County of Northumberland about which was built the Town called Newcastle the Town taking its name from the Newcastle and not the Castle from the Town the said Northumberland being so oppressed that they fell upon Robert Son to the Conqueror killed him and his whole Army Upon which William the Conqueror sent another Army who had command to kill both men women and children who did it and wasted the whole County that for nine yeers there was not any food to be got And such who had hid themselves in Coal-pits and other places were constrained to eat Dogs and Cats dead Horses and mens flesh and many of them starved to death all which nine years time not any ground tilled Northumberland being recruted and most shamefully abused by the
the Town of Gates-head unpunished and that often they cast Rubbish into the River and also that the Bridge went to decay very much which belonged to that Town humbly beseeching that his Majesty would be graciously pleased to incorporate that Town with them under their Government with all its members and Salt-meadows and Park and that it may be quite taken from the County of Durham and all the people therein to become subordinate to their Laws Be it Enacted that the whole Town of Gates-head with the Salt-meadows the whole Water and Bridge with all the Liberties thereunto belonging except the Common which shall still remain to the inhabitants be incorporated with Newcastle and dis-joyned from the County of Durham as Newcastle was from Northumberland by Charter King Richard The Second RICHARD the 2. borne at Burdeaux Sonne to Edward Prince of Wales begann his Raigne the 21 of Iune An o Dni 1377. he Raiḡed 22. Yeares was Deposed died the 14. of February 1399. First buried at Langley in Hartf●dshire afterwardes of Westmister A Free Trade in all England A STat. 11. Richard 2. 7. and the 14. Richard 2. 9. Be it Enacted that all Merchants Aliens and Denisons and all other and every of them of what estate or condition they b● which will buy or sell Corn Wine Averdepoize Flesh Fish and all other Victual or other Merchandizes and all other things vendible from whencesoever they come in whatsoever place they please be it City Borough Town Port of the Sea Fair Market or other place within this Realm within Franchizes or without may freely or without disturbance sell the same to whom they please as well to Foreigners as to Denizons except to the enemies of the King and of his Realm And if any disturbance be done to any such Merchant c. upon his sail of the same in any of the places aforesaid the Mayor and Bayliffs of such Fanchizes shall make remedy but if they do not and being thereof convicted the Franchizes shall be taken into the Kings hand and the party grieving shall make to the Merchant grieved double damages And if such disturbance be out of the Franchized Towns then the Steward or Bayliffe of such Lord who is Lord of the Mannor shall give right or pay double damages the party offending shall be imprisoned for one whole year and that none such shall be disturbed but shall freely buy and sell for his own use or to the Kings c. except that the Merchant Aliens shall carry no Wines out of the Realm as it is contained in their Charters And that the said things be holden kept and performed in every City Borough Town Port of the Sea or any other place notwithstanding any Charter of Franchize to them granted to the contrary nor Usage Custome nor Judgement given upon their Charters Usages nor Customes which they may alleage which Charters Usages and Customes the said King the Grand-fathers the Prelates Earls Barons and great men and Commons in Parliament aforesaid Holds these said Charters c. of no force and as being things granted used and accustomed to the damage of the King the Prelates Earls Barons and great men of his Realm and great oppression of the Commons saving to the King and to other the Customes due of the said Merchandizes And the Chancellor Treasurer and Justices assigned to hold the Pleas of the King in places where they come shall enquire of such disturbances and grievances and do punishment according as is before ordained And by a Statute made the 25. Edw. 3. 2. It was Ordained and Established That the said Statutes made in the ninth year Chapter 1. in all Points and Articles contained in the same should be holden kept and maintained c. And if any Charter Letters Pattents Proclamations or Commandements Usage Allowance or Judgement were made to the contrary the same should be utterly repealed avoyded and holden for none And that it is free for any whatever that brings any provisions whatever to sell the same or other Merchandizes by Grosse or retail either in the City of London or any other Port City Borough or Town-Corporate in England without challenge or impeachment and to sell them freely to any that will buy the same notwithstanding any grant whatever to the contrary notwithstanding any Franchize Custome used since such Franchizes and Customes Usages be in common prejudice to the King and all people c. And that no Mayor Bayliff Catch-pole Minister nor other shall meddle in the sail of any manner of Victuals vendible brought to the places aforesaid And all men that will sue may have a Writ out of the Chancery to attach him by his body that offends herein as a disturber of the common profit c. The King seeing cleerly if the said Statutes were duly put in execution would much extend to the profits and wealth of the whole Nation do Ordain and Establish by assent of the Prelates Dukes Earls Barons great men Nobles and Commons in this present Parliament assembled That the said Statutes shall be firmly holden kept maintained and fully executed in all Points and Articles of the same notwithstanding any Ordinance Statute Charter Letters Pattents Franchizes Proclamations Commandements Usage Allowance or Judgement be made or used to the contrary it shall be utterly repealed avoyded and holden for none This Statute was obtained by a Petition worth reading from all the Nobles and Commons of England as you may read in the ninth of Edward the third Chapter the first it laying open the great grievance of the whole Nation in Parliament of Provisions and other Merchandizes being engrossed into private hands and restraining all others from trading but themselves c. See Chap. 29. C 30. D 32. D 35. A 38. A 51. B. C. This Statute revived would make England as happy as Venice for Riches c. Merchant-strangers shall be well used B Stat. 14. Rich. 2. 9. Be it Enacted that Merchant-strangers repairing into the Realm of England shall be well and courteously and rightfully intreated and governed in the said Realm to the intent that they shall have the courage to repair into the same See Chap. 30. B 41. A. The Duke of Venice by tollerating a free Trade all the Nobility and Gentry trades in Merchandizings which doth so improve his revenew that it maintains his Wars without other Impositions he being able to wage war with the most potentest Prince that is c. No Customers to be Traders nor to have parts of Ships C Stat. 14. Rich. 2. 10. The King ordains that no Customers nor Controlers have any ships of their own nor meddle with the fraught of ships and to eschew as well the damage of the King of his Customes as the losse of the Merchants repairing to the Port as well Aliens as Denizons And that no Customer Controler Searcher Waiter or Finder have any such Office for terme of life but onely as long as shall please the King notwithstanding