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 RaigÌ„ed 22. Yeares was Deposed died the 14. of February 1399. First buried at Langley in Hartfâ—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 bâ— 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
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 â—9 daiâ— of october 121â— 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 Kâ—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 Bâ—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
any difficulty and the whole Realm was sworn thereunto And soon after subtlely and privately sends to the Pope and other Nations for Armies to make void those Charters and Liberties granted to the Barons and to subdue England and promised them great rewards Forty thousand Souldiers that were to have Norfolk and Suffolk to conquer England for King John were all cast away on the Sea The Pope sends in great strength who landed at Dover and destroyed many Towns by fire and with the sword slew many thousands of people the Pope excommunicating the Barons particularly by their names great subversion and dissolution thereupon fell laying all Hedges and Ditches level tormenting the Barons with their wives c. L The Barons were necessitated to send for Lewis Son to the King of France for to come with an Army to joyn with them to conquer King John whose cruelties were intollerable which was done and King John overthrown and forced to flee towards Lin being poysoned by a Monk at Swinsted the reason he gave was that if he had lived half a year longer a half penny loaf would cost 20 s. he died and was buried at Worcester and King Henry the third Son to King John of nine years of age was crowned at Glocester c. M The reason of King John his granting Charters in England and making Corporations was for that he had but little land to raise great Rents from them and to assist him with strength by out-voting the Knights of M the Shires as is hereafter exprest For all Free-holders of England that had forty shillings a yeer met two times a yeer at Sessions Meadows neer Rockingham Castle in Northampton-shire and there made such Laws as the Nation was governed by and confirmed by the King N King John resolving to have Monies and Aid of men to go to Normandy to conquer them could not conveniently motion it by reason of the numerousnesse of the Free-holders but made a speech to them that he had contrived a very â—it and convenient way for the making Laws for the good of the whole Nation which was that by reason he conceived it a great trouble for all them to come so far for that purpose onely to make Laws that they would chuse two Knights of every Shire and County in England and Wales and give to them the full power of the Nation and then the said Knights to come and fit with him in Parliament at Westminster and also to allow them four shillings a day out of the County stock which more plainly appears in the Statute of 35. Hen. 8. Ch. 11. Knights to have 4 s. per diem and Burgesses 2 s. per diem O King John when he had got the hundred and four Knights in Parliament they having the full power of the Nation from the Free-holders immediately required from them great Subsidies and Armies to go for Normandy to recover such Lands as he had lost P The Knights answered they onely were intrusted to make Laws and not to taxe the Free-holders who had intrusted them and not to raise Armies and that by so doing they could not discharge the trust reposed in them Q The King finding his expectation frustrated having nothing doubted but to have wrought his design on so small a number Mastered his passion and not long after acquainted the Knights that he was sorry for the great burden which lay upon them for making Laws being for a publick and that they were too few in number and that he had found out a way how to ease them and bring in a great revenew to free the Nation from impositions R Which was that he resolved to Incorporate all the great Towns in England and Wales and depute Magistrates to govern as his Lieutenants and every Corporation should hold their Town in Fee-Farm from him and his heirs at a certain Rent some more others lesse according to the quality c. S Also that every Corporation should chuse two Burgesses to â—it and vote with them in Parliament they knowing the state of every County and the Burgesses of the Corporation by which means the Burgesses being more in number then the Knights might out-vote them and vote for him the Knights medled not therein at all but were out-voted by these Vassals and Tenants to the King they granting to him what ever he demanded or else must forfeit their Charters And he granted to them what ever they demanded c. T The Free-holders of England were represented in Parliament by their Knights in their Election And if the Burgesses were Free-holders then represented in the same Knights V But if the Burgesses were no Free-holders then no power in England to make Laws or to â—it in Parliament to out-vote the true Representative which are the Knights especially representing no body further then the will of the King who was onely to confirm Laws but not to make them King John had four considerations in making great Towns Corporations 1 To assume â— Prerogative 2 To raise vast sums of Mony 3 To divide the Nation 4 To enslave bodies Corporate by being his Vassals and Slaves Charters are no Laws and nothing is binding that is not lawful no Laws are made but by Parliament read Stat. 2. Edw. 3. 8. CHAP. II. Newcastles first Charter A KIng John by his Letters Pattents dated the day of in the fourteenth yeer of his Reign and in the Yeer of our Lord 1213. Granted Demised and Confirmed to the honest men of the Newcastle upon Tyne and to their Heirs his Town of Newcastle upon Tyne with all the Appurtenances to Fee-farm for one hundred pounds to be â—endred to the said King and his Heirs at his Exchequer to wit at the Feast of Eaâ—ter fifty pounds and at the Feast of St. Michael other fifty pounds saving to the said King the Rents Prizes and Assizes in the Port of the said Town Further he grants to them and confirmeth one hundred and ten shillings and six pence of Rent which they have by the gift of the said King in the said Town of Escheats to be divided and assigned to them who lost their Rents by occasion of a Ditch or Trench and of the new work made under the Castle towards the River or Water so that thereof they might have the more that lost the more and they that lost the lesse should have the lesse He also granted to them for him and his Heirs that in nothing they should be answerable to the Sheriffe nor to the Constable for those things which belong to them as the said Charter testifieth Wherefore he willeth and firmly commandeth that the said men and their Heirs may have and hold the same Town with its Appurtenances to Fee-farm for the said hundred pounds yeerly to be paid as is aforesaid well and in peace freely quietly and intirely with all Liberties and free Customes which they were wont to have in the time of King Henry the 2. Father of the said King
Moor and Lands in aid of the payment of their said Fee-farm without impeachment c. As by the said Letters Pattents made by the King himself and his Council and by the Fine of forty shillings paid in the Hamper more at large appeareth By these last mentioned Letters Pattents the Burgesses of Newcastle can challenge no title in the said Castle-moor and Castle-field because the said Letters Pattents are contrary in themselves This is the first claim the said Burgesses lay to the Castle-moor being a quantity of eight hundred and fifty Acres of ground besides Pasture for all their Kine and Coals for all their Fuel which are gotten upon the said Castle-moor CHAP. VI. KIng Richard the Second by his Charter dated the ninth day of April in the first year of his Reign 1378. confirms all the former Charters and Grants to the Town of Newcastle the same priviledge as granted before in diging of Coals Slait and Stone in Castle-field and Castle-moor but doth not grant the Land onely the Coals Slait and Stone for the Towns best advantage CHAP. VII KIng Henry the Fourth being humbly petitioned by the Burgesses of Newcastle that his Highnesse would be graciously pleased to divide the Town and Corporation from the County of Northumberland and to grant them a Sheriffe with more Liberties and Immunities which was granted that the Corporation of Newcastle shall be a distinct County of it self dis-joyned from the County of Northumberland and not to meddle in the said new County as by the Charter more at large appears upon Record in the Tower of London 7. Ed. 6. 10. 1. Mary 3. This was a preparative for the Town of Gates-head c. CHAP. VIII A QUeen Elizabeth obtained a Lease from the late Bishop of Durham dated the 26. of April in the 24. year of her Reign 1582. of all the whole Mannors of Gates-head and Wickham and all the Coal-pits and Coal-mines within the said Mannors of Gates-head and Wickham aforesaid and in all the common Wasts and Parks belonging to the said Mannors at the Rent of ninety pounds per Annum or thereabouts for ninety nine yeers which the Earle of Leicester procured from the said Queen and sold or gave the same to Sutton of the Charter-house who for twelve thousand pounds as is reported sold the same to the Mayor and Burgesses of Newcastle but when he understood the yearly value which was worth at least fifty thousand pounds per Annum attested by Doctor Cradock sometimes Arch-deacon of Northumberland deceased this Lease being called the Grand Lease was granted to Sir William Readal and others for the use of the Mayor and Burgesses and free honest men and expires the 26. of April which shall be in the year of our Lord 1681. as appears in the 11. Chap. I 7. Edw. 6. 10. CHAP. IX A QUeen Elizabeth requires the great Arrear of two pence per Chaldron which was granted to King Henry the Fifth as Custome by the Parliament as appears by that Statute Chapter the tenth ninth yeer which was neglected to be paid unto the Crown by the Mayor and Burgesses for many yeers together insomuch as they were not able to pay the same but humbly beseeched those Arrears may be forgiven by reason of their inability And to grant them a Charter to incorporate a new fraternity or brother-hood to be called Free Host-men for the selling and vending of all Coals to shipping And in consideration thereof they would pay to her Majesty and her successors twelve pence for every Chalder exported from thenceforth to the free people of this Nation The Queen conceiving that twelve pence upon every Chalder would be better for the future and well paid would rise to a greater Revenew then the two pence so long in arrear could endamage which was granted upon condition specified in that Grant remaining in the Exchequer with many seals to it That they should sell all Coals to Masters of Ships At this day the Fitters reckon with the Masters for so much a Chalder as eleven shillings for so many as is conceived to be aboard the Ship and then he goeth with the Master to reckon which the said Masters payes the one shilling per Chalder Custome being allowed in his hand the Master conceives he doth not pay it further then being left in his hand by the Fitter but if the Masters will look upon that Lease they will find they are to have the best Coals for ten shillings and the worst for nine shillings the Chaldron at most and now they pay eleven shillings by which means the one shilling per Chaldron is paid by the Master and not by the Host man and so falls upon the whole Nations back I refer you further to the Lease for if the Master buy dear he must needs sell dear B By the same fallacy they wronged the King of his Customes 9. Hen. 5. 10. which plainly appears in that Statute if you please to read it the same they have to cheat the Queen and her Successors for the twelve pence per Chaldron CHAP. X. A QUeen Elizabeth being humbly intreated by the Mayor and Burgesses of Newcastle that her Majesty would be graciously pleased to grant them a Charter of Liberties concerning Sea-jurisdiction and of Admiralty in that Port to wit between Sparhawk in the Sea and Hadwyn streams being fourteen miles in length for the advance of the estate of that Town which also was granted as follows B The Queen by her Letters Pattents dated the thirtieth day of August in the one and thirtieth year of her Reign touching the Office of the High Admiralty of the River of Tyne and Port of Newcastle grants the Reversion to the Mayor and Burgesses of Newcastle by reason it was granted under the Great Seal of England bearing date the fifth of February 1522. unto Charles Lord Howard of Effingham amongst other things in his said Pattent in the Office of Lord High Admiral of England c. for life who out-lived the Queen and dyed 26. January in the sixteenth year of King James the Mayor and Burgesses pretending they had right thereunto from King Henry the sixth which if they had was extinguished upon the Queens grant to the High Admiral c. And by this grant of hers to Newcastle she onely grants what is in her to grant which is onely the Reversion after the surrender forfeiture or death of the aforesaid Lord High Admiral but she dying before the Lord High Admiral it is conceived her grant is void And it was never since confirmed by any other to the said Mayor and Burgesses for King James upon the 28 of June in the sixteenth year of his Reign two dayes after the Lord High Admiral died The Commission or Letters Pattents of the Admiralty of England was conferred upon the Duke of Buckingham so that Newcastle by this change hath but a slender pretence of Right to the Admiralty of that part of Newcastle C The said Corporation humbly
are not free of their Corporation pag. 20. 94. 92. 93. 95. 96. 97. 45. 78. 76. 75. 37. 190 162. D. And if this be not a Monopoly of as high a nature and producing as ill effects and those of as large extent as any that to the great content and satisfaction of the Nation hath bâ—en abolished let the * world judge A Welch Pedigree doth not descend by more steps and degrees than the propriety of their coals is varied while it is derived from the Owner of the Collery unto him that at last buyes the commodity to spend it as well Trades as others The Owners of Colleries must first sell the Coals to the Magistrates of Newcastle the Magistrates to the Masters of ships the Master of ships to the Woodmongers or Wharfingers and they to those that spend them Every change of the propriety adding to and enhancing the price of the Coals thus interchangeably bought and sold which course as it picks some money out of the purses of every man that buys Coals besides bad Coals being therby vented so it grinds the faces of the poor who in these latter years by reason mainly of this Monopolizing of them have found it as hard a matter to fortifie themselves against cold as against hunger p. 104. Whereas if the owners of every Collery had free liberty to sell p. 118. his Coals to ships immediately Tinmouth Haven would afford Two hundred thousand Chaldrons of Coals in the year more than now are vented which would reduce the late exorbitant excessive rates of Coals in the City of London p. 60. 75. to under twenty shillings a Chalder all the year Winter as well as Summer and bring into the common Treasury above Forty thousand pounds per annum p. 57. 94. 96. Some owners of Coal-pits will rather let their pits be fired like those at Benwell and consume than let their Coals to the Magistrates of Newcastle If the Coal-owners in each County from whence all Coals come should be as refractory to the Magistrates in denying their Coals as the Magistrates are to the Masters pag. 97. 93. 92. few or none would be brought to London or any Revenue raised Eighthly Forcing all ships up the River six miles amongst dangerous Sands Shelves and the bulks of sunk ships p. 69 70 71. 72 78 93 that so they may cast out their Ballast upon their Shoars and all for the greediness of receiving eight pence for every Tun of Ballast which hath occasioned the spoil and loss of many ships to the utter undoing of the Masters and Owners of the ships and the destruction of the lives of many poor Seaman and Mariners whose blood will be required at their hands who put them on those dangers in which they perished Besides their choaking up the most part of that River by forcing the Ballast up their Sandy hils near the said Town of Newcastle many thousand Tuns whereof is blown and washed down into that River pag. 78. They will neither preserve the River nor let Doctor Swinbourn Vice Admiral for the County of Durham doe it who hath fined some of the Magistrates hundreds of pounds for Damages c. Lastly Countenancing their Officers in their oppressions nay in their very murthers as in the case of Thomas Râ—tter with others who having forfeited their lives to Justice for killing Ann the wise of Thâ—mas Cliff of North-Shields was by their power and favor rescued from that death which they justly deserved p. 80. God would not suffer his Altar to be a Sanctuary to a wilful Murtherer neither would King John their Patron pag. 34. If a man come presumptuously upon his Neighbor to slay him thou shalt take him from mine Altar that he may die Exo. 21. 14. The Law of England dâ—fines what murther is pa. 165. Blood defileth the Land and the Land cannot be cleansed of the blood that is shed therein but by the blood of him that shed it Numb 35. 33. When therefore God shall make inquisition they that staid him that offered â—iolence to the blood of his Nâ—ighbor and should have gone to the pit Prov. 20. 17. will be found to communicate in this murder and involved in the same guilt with him that committed it but the good God be merciful to them that have not approved or consented to this wickedness For though our eyes did see this blood yet our hands did not shed it and therefore let every one that would wash his hands clean from that blood pray as God prescribed Be merciful O Lord unto thy people Israel whom thou hast redeemed and lay not innocent blood unto thy people Israels charge Deut. 21. 7 8. Thus have I given you a short view of the tyrannical oppressive practices of the Magistrates of Newcastle whose sin receives no smal aggravation from their Office and Calling in that they are Magistrates whom God hath furnished with Authority to that end that they might prevent and redress Injuries done by others and execute wrath upon evill doers Rom. 13. So that in their oppressions they sin against the very end of their Calling they transform the very Image of Gods Power and Justice which they sustain into the Image of Gods enemy Satan whom herein they resemble and become after a sort wickednesses in high places as the Devils are for amongst them as much as any where is that of Solomon verified I saw under the Sun the place of Judgement that wickedness was there and the place of righteousness that iniquity was there Eccles 3. 16. And although attempts hitherto and all indeavors for redress of these oppressive courses have proved abortive and fruitless No man compassionating the people with Saul so much as to aske What ayleth this people that they weep 1 Sam. 11. 5. No after many addresses Petitions Remonstrances and Sutes at Law being stifled by the instigation of corrupt persons then in power and obstructed by the mutability and changes we have too just reason to complain with Solomon Behold the tears of such as were oppressed and they had no comforters and on the sides of their Oppressors there was power but they the oppressed had no comforter Eccles 4. 1. Yet at this time we are not without good hopes but that the cries of the poor and the oppressed will enter into the ears and hearts of this present Power That they will be as a hiding place from the winde and a covert from the tempest as Rivers of waters in a dry place as the shadow of a great Rock in a weary Land Isa 32. 2. But if our hopes now fail us we must sit down and sigh-out that of Solomon If thou seest the oppression of the poor and violent perverting of Judgement and Justice in a Province marvail not at the matter for hee that is higher than the Highest regardeth and there he Higher than they Eccles 5. 8. THE TABLE A ATcheson Page 85 Arresting in others names Page 76 Arresting out of a Liberty Page 154 Arresting
say unto them ye shall not respect their debts for any gift or favour when ye may raise them without grievance to the Debtor Ye shall truly and righteously treat the people of your Sheriffwick and do right well to poor as to rich in all that belongs to your Office Ye shall do no wrong to any man for any gift or other behest or promise of goods for favour nor hate ye shall disturb no mans right ye shall acquit at the Exchequer all those of whom ye shall any thing receive of the Keepers c. debts ye shall nothing take whereby the Keepers c. may loose or that Right may be letten or disturbed or the Keepers c. debt delaid Ye shall truly receive and truly serve the Keepers c. Writs as far forth as it shall be in your cunning ye shall not have to be your Under-Sheriff any of the Sheriffs Clerks of the last years passed ye shall take no Bayliff into your service but such as you will answer for ye shall make each of your Bailiffs make such Oath as you make your self in that that belongeth to their occupation ye shall receive no Writs by you nor any of yours unsealed nor any sealed under the seal of any Justice save of Justices of Eyre or Justices assigned in the same Shire where you be Sheriff in or other Justices having power or authority to make any Writs unto you by the Law of the Land You shall make your Bayliffs of the true and sufficient men in the Country ye shall be dwelling in your own proper person within your Bayliwick for the time you shall be in the same Office except you shall be licenced by the Keepers c. you shall not let your Sheriffwick nor any Bayliwick thereof to farm to any man ye shall truly set and return reasonable and due luses of them that be within your Bayliwick after their estate and behavior and make your pannel your self of such persons as be most meet most sufficient and not suspect nor procured as it is ordained in the Statute and over this in eschewing and restraining of the Robberies Manslaughters and other manifold grievous offences that be done daily by such as name themselves Souldiers and by other Vagrants by which increase in multitude and number so that the good people may not safely ride nor go to do such things as they have to do to their intollerable hurt and hinderance Ye shall truly and effectually with all diligence possible to your power execute the Statute of Winchester for Vaggabonds All these things ye shall well and truly observe and keep So help you God It is the judgement of learned Councel that Sheriffs may be indicted for perjury by wilful neglect of their duty as other persons wilfully or procuringly perjures themselves c. King Hen. 3. King Henry the 3. Was Crouned at the age of 9 Yeres the 28 october 1216 he Raigned 56 Yeres and 20 daiâ—s dyed the 16 of nouember 1272 tyeth buried at Westminster None to be condemned but by the judgement of the Law SStat ninth year of his Reign chap. 29. in Parliament enacts that no Free-man shall be taken or imprisoned or be disseazed of his Free-hold Liberties or free Customs or pass upon him or condemn him but by lawful Judgement of his Equals or by the Law of the Land we will not sell to no man we will not defer to any man either Justice or Right Reg. fo 186. Coke Pla. 456. Dyer fo 104. Coke lib. 5. fo 64. lib. 10. fo 74. lib. 11. fo 99. Stat. 2. Edw. 3. 8. 5. Edw. 3. 9. 14. Edw. 3. 14. 28. Edw. 3. 3. 11. Rich. 2. 10. 3. Carol. Pet. of Right See ch 38. A. C. Bakers and Brewers faulty to be punished Stat. 51. year of his reign 1266 Enacts That if any Baker or Brewer be convict because he hath not observed the Assize of Bread and Ale for the first second and third time he shall be amerced according to his offence but if he amend not then to suffer punishment of body the Baker to the Pillory and Brewer to the Tumbrel which shall not be remitted for Gold nor Silver and Impowres Ale Cunners in every Town c. every Baker to set his own mark on his Bread See ch 49. C King Hen. 4. HENRY the 4. borne at Bollingbroke in the Countie of Lincolne began his Raigne the 26. of September 1399. Raigned 13. yeares 6. moneths died in Aâ— D 1413. Of the age of 46. Yeares buried at Canterbury Justice shall be done in England STat. first year of his Reign Chapter the first Enacts the confirmation of the Liberties of England and all Statutes not repealed Peace shall be maintained and Justice shall be done to all men Sheriffes shall not let their County to Farm Stat. the fourth year of his Reign Chapter the fifth Enacted that every Sheriff in England shall abide in proper person within his Bayliwick for the time he shall be such Officer And that he shall not let his Bayliwick to Farm to any man for the time that he occupieth such Office and that the said Sheriffe be sworn from time to time to do the same in special amongst other Articles comprized in the Oath of Sheriffs Stat. 23. Hen. 6. 10. King Henry the Fifth Henry the 5. began his Raigne the 20. of March. Was Crounâ—d At Westminster the 9 of Aprill 1413. He Raigned 9 Yeares 2. months died in the casteâ— of Boyes nere paris the 13 of Augâ—st 1422. buried at Westminster Coals to pay two pence per Chaldron Custome and Keels to be measured A STat. the ninth year of his Reign Chap. 9. 10. It was Enacted the King should have two pence of every Chalder of Coals of Unfranchized men in the River and Port at Newcastle upon Tyne as Customes And for the better knowledge of such Customes ordains that all Keels or Boats which carried Coals to ships should be of the just burden of twenty Chaldron of Coals notwithstanding this Act the Newcastle men made the Keels to carry some two and some three and twenty to wrong the King of his Customes which great Cheat was proved in Parliament where they Enacted to prevent such like for the future that sworn Commissioners should mark all Keels and other Vessels carrying Coals to ships upon pain of forfeiture of Keel and Coals See Chap. 9. A 11. Chap. 1 King Henry the Sixth Henry the 6 of the age of 8 moneths Began his Raigne 〈◊〉 of September 1422 Crowned at Westminster the 6 of Nouember 1429 Afterward Crowned at Paris 7 September 14â—â— Raigned 38 yeares 6 moneths 4 dayes Buried at Winsore Punishments of Customers for not clearing Ships A STat. the eleventh year of his Reign Chap. 15. Enacted That for as much as the Customers and Controlers in the Kings Ports do not write any Warrants in discharge of Merchants of their Merchandizes by them shewed and duely customed Transported or Imported the same Customers and
any Pattent or Grant to any to the contrary but such Pattents or Grants be repealed and of no force nor value Stat. 17. Rich. 2. See Chap. 35 Statute of Mortmain D Stat. 15. Rich. 2. 5. Be it Enacted what Mayors Bayliffs and Commons of Cities Boroughs and other Towns which have perpetual Commonalty and others which have officers that from henceforth they shall not purchase to them and their Commons any Lands c. nor no religious or other person what ever he be * do buy or sell or under colour of gift or terme or any other manner of title any Lands Tenements upon pain of forfeiture of the same whereby the said Lands and Tenements might have come to Mortmain Riots Routs c. E The 4. year King Rich. 2. Riots Routs and unlawfull assemblies have been so many times pernicious and fatal enemies to the peace and tranquility of the Nation that it did shake the foundation and form of State-Government as that of a Collector of a Subsidy at Dartford in Kent in his dayes in requiring but a Groat of a Taylor and his wife grew to such a head of discontentment and not being timely queld became such a Rebellion that it put the King in great hazard of his life the burning of the City of London the Nobles and Gentry with the learned of the Law beheaded and others in hazard of their lives and families overthrown and the Records of Law burnt Wat. Tyler was Captain See Hen. 6. B See Chap. 37. A. Queen Mary Maria nata Grenouici in Febru 1505 Incipit regnare 6 Iuli 1553 Regnauit 5 annos et 4 mensis Obyt annos nata 45 et 9 mensis The Town of Gates-head taken from Newcastle A STat. 1. Mary Chap. 3. So soon as Bishop Tunstall was created Bishop of Durham laid open to the Queen and Parliament the Illegallity of Gates-heads being taken from the County of Durham and Incorporated with Newcastle and how surreptitiously they got it past by Act of Parliament and humbly beseeched that the Town and Liberties of Gates-head might be restored to the County of Durham again which could not well be done without that Statute of the 7. Edw. 6. 10. were repealed After a great debate in Parliament it was found onely a covetous disposition in the Corporation of Newcastle to require that from King Edward the sixth and in no wayes for the good of any in any particular sense who Enacted that the Statute of the seventh of Edward the sixth Chapter the tenth should be repealed and of no force to all intents and purposes and the Town of Gates-head should be free from the Corporation of Newcastle c. See Chap. 7. and Chap. 8. Sweet Queen Queen Elizabeth The most excellent Princes Elizabeth Queene of Englande France and Ireland Defender of the Faith c. She raigned 44 yeares died the 24 of March 1602 aged 69 6 monthes and lieth buried at Westminster Compton Holland 〈◊〉 How long Apprentices should serve A STat. 5. Eliz. 4. Be it Enacted that all Apprentices in every Corporate Town through England shall serve after the Custome and Order of London the full term of seven years at least so as the terme and years of such Apprentices do not expire or determine before such Apprentices be of the age of four and twenty years at least And if an Apprentice be mis-used by the non-conformity of the Master then the next officer upon complaint shall bind the Master to answer the Sessions and the cause appearing the Bench may discharge the Apprentice from his Master See Chap. 55. C. The Punishment of Perjury c. B Stat. 5. Eliz. 9. Be it Enacted that if any person or persons at any time shall unlawfully and corruptly procure any Witnesse or Witnesses by letters rewards or any other promises to commit any wilful and corrupt perjury in any matter or cause whatsoever now depending or which hereafter shall depend in suit or variance by any Writ Action Bill Complaint or Information upon any matter or cause whatever and being thereof convicted shall forfeit forty pound and if he have not so much then to be imprisoned for half a yeer without Bail or Mainprize and to stand in the Pillory one hour in a Market day in the open Market and never to be received as a Witnesse in any Courts of Record and if judgement be given upon his testimony it shall be void and the party grieved have his damages And if any person shall wilfully perjure himself by committing wilfull perjury by his deposition in any Courts or being examined Ad perpetuam rei memoriam for which offence he shal forfeit twenty pound and imprisonment for six months without Bail or Mainprize and never to be as a witnesse in any Court and that the Oath shall be void and party grieved to recover his damages and if he be not able to pay his Fine then to be set in the Pillory having both his ears nayled thereunto and never to be credited again in any Court the one half of the Fine to the Queen and the other to the party grieved that will sue for the same by Bill of Indictment c. wherein there shall be no wager of Law c. And all Witnesses are required upon summons to appear to give evidence reasonable charges allowed and upon default to forfeit ten pound and all the damages sustained to be recovered in any Court of Record by Action Bill c. no Wager of Law c. See Stat. 21. K. James 28. made perpetual See Chap. 31. A 34. A. B 42. A. Fore-stallers of Corn c. C Stat. 5. Eliz. 12. Be it Enacted that no person or persons shall buy any Corn out of open Fair or Market to sell again unlesse such persons shall have special and express words in a licence that he or they may so do upon pain of the forfeiture of five pounds for so doing which forfeiture to come to the Queen the one half and the other half to the party that will sue for the same by Bill c. See Stat. 5. 6. Ed. 6. 14. See Chap. 50. A 51. C. Arrestings in other mens names and delayes c. D Stat. 8. Eliz. 2. Be it Enacted by this present Parliament that if any person or persons shall by any means cause or procure any other person to be Arrested or Attached at the suit or in the name of any person where indeed no such person is known or without the assent consent or agreement of such persons at whose suit or in whose name such Arrest or Attachment is or shall be so had and procured That then every such person and persons that shall so cause or procure any such Arrest or Attachment of any other person to be had or made for vexation or trouble and shall thereof be convicted or lawfully accused by Indictment presentment or by the testimony of two sufficient Witnesses or more or other due proof shall for every such offence by