wholesome profitable c. according as they shall think good for the good Rule and Government of the Governor Stewards and Brethren of the said Fraternity and for Declaration by what means and Order they fo 151. and their Factors Servants and Apprentices in their Office and businesses concerning the said Fraternity they shall have carry and use c. And that the Governor Stewards and Brethren of that fraternity c. as often as they grant make ordain or establish such Laws Institutes inform fo 152. and they may impose such pains penalties punishments and imprisonments of body or by fines c. upon all Delinquents against such Laws S Institutes c. as to them shall be thought necessary and requisite and as to them shall be thought best for the observation of the said Laws Ordinances c. fo 153. and the said fines and amerciaments at their discretions they may levy have and retain to them and their Successors to the use of the Governor Stewards and Brethren aforesaid without calumny c. All which and singular Laws Ordinances c. the said late Queen willeth to be observed so that the said Laws Ordinances fo 154 c. be not repugnant to the Laws or Statutes of the Kingdom of England And further the Queen granteth to the said Governor Stewards and Brethren c. and to their Successors that for ever hereafter they and their Successors c. fo 155. may have and shall have full power from time to time at their pleasure to chuse name and ordain other inhabitants and Burgesses of the said Town c. to be and shall be Brethren of the said Fraternity c. who so elected nominated and sworn shall be named and be Brethren of that Fraternity Moreover fo 156. the said Queen grants licence power and authority to the said Governor Stewards and Brethren c. and to their Successors that they for the time being and their Successors and every of them for ever hereafter may and shall quietly and peaceably have hold use and enjoy all such Liberties Privileges c. fo 157. concerning the loading and unloading shipping or unshipping of Stone-coals Pit-coals * Grind-stones Rub-stones and Whetstones T And that they may for ever hereafter load and unload ship and unship in or out of any ships or vessels Pit-coals and Stones aforesaid within the said River and Port of Tyne in any place or places as to them shall be expedient fo 158. between the said Town of Newcastle c. and the aforesaid place in the aforesaid River called the Sparhawke so nigh to the said Town of Newcastle c. as conveniently may be done according to the true intention of these Letters Pattents as the men and Brethren of the said Fraternity at any time have used and accustomed notwithstanding the Statute of King Hen. 8. the 3. of Novemb in the 21. year of his reign and from thence adjourned to Westminster holden published 1559. Intituled An Act concerning Newcastle and the Port and c. to the same belonging or any other Act c. notwithstanding And the said Queen also willeth c. for that express mention c. Witness the Queen at Westminster the 22 of March in the 13 year of her reign fo 160. What a world of profits is given from the Crown which ought to maintain it and would have so filled the Coffers as that there had been little need of Sesments c. Having read some works of those late famous Expositors of the Law I drew two or three heads out as Observations for the knowledge of those who know them not written by way of explanation of our known Laws as being a Law used time out of mind or by prescription The Law of Nature is that which God infused into the heart of man for his preservation and direction and that the Law of England is grounded upon six principle Points the Law of Reason the Law of God divers Customs of this Land of divers principles and maxims divers particular customs and of divers Statutes made in Parliament The fundamentall Lawes of England are so excellent that they are the Birth-right and the most antient and best Inheritance that the free people of England have for by them they enjoy not onely their Inheritance and Goods in peace and quietness but their Lives and dear Country in peace and safety Cooks Preface to the sixth Replication and on Littleton l. 2. c. 12. sect 213. Sometime it is called Right sometime Common Right and sometimes Communis Justitia and it is the same Law which William the Conqueror found in England the Laws which he sware to observe were Bonae c. approbatae antiquae Regni legis Charter-Law being so repugnant to the above written and so destructive to the weal of the people that never any Writer ever writ of them nor ever any Parliament Enacted their publication knowing they were no other then Prerogative and dyes with the Donor And it is an infallible rule where no Law is published there cannot be any transgression or obedience required The Corporation of Newcastle hath but two Supporters to stand and fall by first Prescription secondly Custom As to Prescription a Quo Warrante will avoid that upon a legall tryal it being understood that Charters are void by reason of the change of Government if not yet by breach of Charter exceeding their power being nothing else then a fallacy And as to plead Custom they have no right nor never in possession of what they claim Customary Right is good Law but Custom without Right is but an old error and ought to be removed Drunkenness and Swearing is customary is it fit it should stand because of its custom Kings were before Corporations and could have better justified themselves for a continuance than Corporations by reason they might plead Hereditary or Electary Conquerors or Customary yet being found a grievance was taken and removed for their Arbitrary actings why then must their power stand that is no Law If it were justice to execute those two Judges Empson and Dudly for onely putting a Statute Law in execution not repealed which is above Charters being grievous to the people it were nothing more to execute Justice upon such who acts the same without any Law King John who was a Murderer yet commanded a murderer to be taken from the Altar and sent to the slaughter Here was Justice Why do not our just Judges send such like from the Charter to the slaughter If Strafford lost his life for acting oppressively by an Arbitrary power why not others for the same CHAP. XII King James his Charters and Orders Mars Puer Alecto Virgo VULPES LEO Nullus Iamâ—s king of England Scotland and Ireland â—â— A KIng James in the second year of his reign being humbly supplicated by the Mayor and Burgesses of Newcastle that he would be graciously pleased to confirm all their antient Grants and Charters and to give them
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
John as by the said Letters Pattents appeareth The said King John was the cause of burning Morpeth the chief Town in Northumberland and many more Towns in Wales because of the enmity between him and the family of the Bruces who originally were planted in Wales Wherefore the said Charter made by the said King John to the said honest men of Newcastle upon Tyne cannot be valid in Law because in the fourteenth year of his Reign he subjected himself to be a Vassal to the Pope of Rome as is aforesaid and for many other reasons mentioned in the said Charter it self considered in themselves In this Charter of King John that he grants to the honest men of Newcastle upon Tyne he mentions not the Port of the River of Tyne from Sparhawk at Tinmouth-Bar upon the Sea to Hadwyn streams above Newburn in Northumberland neither is there so much as one syllable whereby the said King grants to them the two third parts of the said River or any of the Fishing between the said places c. CHAP. III. A KIng Henry the Third being earnestly supplicated by the good men of Newcastle to confirm King Johns Charter which was done upon the second day of July in the year of our Lord 1234. the said King Henry did not inlarge their jurisdiction at all but onely grants them the Charter in the very same words as King John had in his Charter granted B King Henry the Third by his Letters Pattents under the Great Seal of England dated at Westminster the first day of December in the three and twentieth year of his Reign upon the good men of Newcastles supplication thought it fit to give them Licence to dig Coals and Stones in the common Soil of that Town without the walls thereof in the place called Castle-field and the Frith and from thence to draw and convert them unto their own profit in aid of their said Fee-farm Rent of a 100 â— per Annum and the same as often as it should seem good unto them the same to endure during his pleasure which said Letters Pattents were granted upon payment of twenty shillings into the Hamper nothing more was given neither Lands c. but only to work the Coals during pleasure for their own use C King Henry the Third was petitioned again by the same honest men for so they were called by King Johns Charters probi homines That his Majesty would be graciously pleased to give them all the Stone and Coals in a place called the Frith adjoyning to the former the better to enable them to pay their Fee-farm Rent which also was granted paying forty shillings per Annum into the Hamper upon the eleventh of May in the one and thirtieth yeer of his Reign All which Coals and Stones have do and will amount to many thousands of pounds yet no land above the said Coals was granted unto them CHAP. IV. A KIng Edward the First in the Nineteenth yeer of his Reign was supplicated by the good men of Newcastle to grant them a sum of money and a Licence for the building of a Wall round the Town on which Wall one of the Mayors of Newcastle was hanged as by the Record of the Registery appears That two third parts of the River of Tyne from Sparhawk to Beadwyn shelves were in this Kings hands And for such Lords as held any Fishings on the South-side of the said River of Tyne which went to the Mid-stream they were meer intruders of one sixt part more then was their own for whereas they were to have had but one third part they claimed half B And that this King gave Licence to build a Wall about the Town of Newcastle and gave mony towards this wall which was not bestowed C And that divers purpreslures were then incroached upon by the good men of the Town of Newcastle upon the Moat of the Newcastle built by William Rufus adjoyning thereunto And to the end that the then Sheriffe of Northumberland might present these incroachments into the Chancery whereby to discover their unjust dealing and intrusion upon the said Moat of the said Castle they the said good men gave to him the said Sheriffe a gift or bribe of ten Marks that he might not vex them as by the said Record more at large appears c. CHAP. V. THe said King Edward the Third by his Letters Pattents dated at Westminster the tenth day of May in the one and thirtieth yeer of his Reign confirms all former Charters with an addition of his own that he for himself and his Heirs Granted Demised and Confirmed unto his honest men of the Town of the Newcastle upon Tyne his Town of Newcastle before called Manchester with all its Appurtenances for a hundred pound per Annum to be paid to the said King and his Heirs c. Which he the said King confirms to the said men and Burgesses and to their Heirs for ever And because on the behalf of the said Burgesses of the said Town it was humbly supplicated to the said King That whereas the said Moore and Lands called Castle-fields and Castle-moor on the North-side of the said Town of Newcastle from a certain place called Ingler Dike c. as the same are butted and bounded c. even to the said Town of Newcastle are the lands and soil of the said Town of Newcastle belonging to the same beyond memory with all profits coming of the said Lands Moor and Soil as by an Inquisition thereof taken and returned into the Chancery appeareth And albeit the said Burgesses and their Predecessors from the time they have had the said Town to farm they have held the said Moor and Land as though it were appertaining to the said Town and have alwayes hitherto peaceably and quietly had and reaped all the profits coming of the said Moor and Lands yet the said Burgesses now they are turned from honest men to Burgesses the next will be to For that there is no mention made of the said Moor and Lands albeit they be of the Appurtenances of the said Town do fear that they may be impeached afterwards and for that the said Town as well by reason of the last Pestilence at that time as by the hazards of Wars and divers other adversities was so impoverished and destitute of men that the profits of the said Town sufficed not for the payment of the said Farm as they then pretended The said King being willing to provide for their indempnity in that behalf and for him and his Heirs granted that they and their Heirs might have and hold the same Moor and Soil as if it were appertaining to the said Town with all profits out of the same c. And that they the said Burgesses and their Heirs in the said Moor and Lands may dig and may have Coal Slaiâ— and Stâ—ne there and from thence may draw them and may make their profit of the said Coals Slait and Stones and other profits coming out of the said
Bishop of Durham who killed Levisus was killed by them for which William the Conqueror sent down Odo with an Army who totally laid Northumberland to waste cut off the heads of all the people after they had dismembred them Little of Confession or Repentance was by King John as was by William the Conqueror for he upon his Arrest at the Suit of Death confessed he had committed many outrages and won England by the Sword and not by Inheritance and was heartily sorry for the wrongs he had done and required his body to be buried at Cain in Normandy when he was dead they would not affoard him a burial-place till such time as one of his relation was constrained to purchase so much ground but soon after they defaced his Tomb took up his bones and brake them and cast them away In the fifteenth year of King Richard the second the Scots burnt all the Towns of Northumberland and the North as far as York except Rippon who redeemed themselves with a sum of mony In the sixth year of King Edward the third 1332. a great Battel was fought between the English and the Scots near Barwick where was killed eight Earls fifteen hundred Horse and thirty five thousand Foot In the thirteenth year of King Edward the third 1339. An inundation of water surmounted the Wall of Newcastle and broke down six pearches in length and drowned one hundred and sixty persons neer the Wark Knowl In the year 1345. William Douglas lead into Northumberland above thirty thousand Scots and fired many Towns but was overcome by a stratagem with Bishop Ogle The next year 1346. King David King of the Scots entred Northumberland with a great Army and fought at Nevils-Crosse where he was overthrown himself taken prisoner by one Copland of Northumberland who had five hundred pound per Annum given to him and to his heirs for ever In King Richard the seconds dayes 1379. the Scots entred England and killed all men women and children in the North parts notwithstanding the plague was sorely amongst them 1383. The Scots entred England and lead all the people away prisoners that were in Northumberland and laid that County to waste 1384. They entred again and did the like 1389. The Scots again invaded England where a great battel was fought at Oâ—terborn in Northumberland where they were over-thrown and eleven hundred killed and thirty thousand put to flight who upon their flight killed men women and sucking babes and filled houses with people two hundred in a house and then shut the doors and fired the houses 1399. King Richard the second caused seventeen Counties to be indicted pretending they were all against him with the Duke of Glocester Arundel and Warwick and commanded them all to give it under their hands and seals that they were Traytors though indeed they never were And then he makes them pay some a thousand pound some more some lesse King Henry the fourth Great fights were between Doughlas and Piercy in the North. And in the years 1639. and 1643. and 1648. It being well known to all the misery they brought upon the North and heavy Impositions both upon the North and South parts as appears in the close of the Epistle to the Reader c. It is no small mercy that we now live so in peace here being none of those bloody times and our Ancestors would willingly have enjoyed this mercy and we hunger after blood which they wallowed in what bloody minded men are these I wish them in better minds and to be contented with that which in former times could not be obtained Many have admired the poverty of Northumberland as well they may for what with the bloody Tyrants the Scots on the North of that poor County and oppressive Corporation of Newcastle on the South thereof bounded in with the High-lands on the West and the Sea on the East that it can get nothing but stroaks and worried out of what they have and not being tollerated to make use of their own and cold blasts from the Sea but it would be otherwise if such Gentlemen might be re-imbursed for such sums of money as they would expend to vend Coals out of Hartly Blithe and Bedlington Rivers which be convenient places to vend them at after some charge which would be done by having either their money again or Custome free for some years to re-imburse them which would not onely make that poor County as rich as any is but reduce the excessive rates of Coals and Salt and bring in many thousands per Annum into the publick revenew c. enable the people to be serviceable and abundantly increase Trade and Navigation as also there being as good Coals as possibly can be burnt which now lyes c. and others not knowing their right is stript of it But if one thing they look after which is to examine some Records they may perceive what is their Rights and which was especially in a book lodged in the Exchequor made in the year 1080. it being called Domus Dei or Dooms day being a perfect Survey of all the Lands in England the Rent Value Quantity c. by which William the Conqueror taxed the whole Nation and it goeth by the name of the Role of Winton being ordered to be kept in Winchester and recites the Earldomes Hundreds Tythings Woods Parks and Farms in every Territory and Precinct with Plowlands Meadows Marshes Acres c. what Tenements and Tenants then the Corporation of Newcastle might be as glad to keep what is their own as they are to take from others c. CHAP. LVII THe reason of my Collecting these few Statutes is to shew how they are intrenched upon by an illegal Charter and pressing upon a remedy shal cite Poulton which is that seeing we have all received and allow it for truth that the ignorance of the Law doth excuse none of offence and also that the Law doth help the watchful and not the sloathful man Therefore it behoveth each person first to seek the knowledge of those Laws under which he doth live and whereby he is to receive benefit or to sustain peril and next with all industry to frame his obedience unto them or humbly to submit himself to the censure of them And though we find by experience that some men by the sluggishnesse of their natures others by the carelesnesse of their own welfares And a third sort wholly given over to pleasures and vanities do little respect to know and lesse to obey our criminal and capital Laws being things of great moment importance and therefore do oftentimes taste the smart of them and repent of their follies when it is too late Many there be that by reading desires to conceive them others for increase of their knowledge others in their actions to be directed by them therefore to content such as knoweth not as yet these heads that they may know what they condemn and do tend to the breach of the peace of
all Jurors and return all such Writ or Writs * touching the same as shall appertain to be done by my duty or Office during the time I shall remain in the said Office So help me Gd and by the Contents of this Book The reason I write these Oaths is that perjury may the better appear to be punished in Officers as well as others The Oath of a Jury C You shall truly enquire and due presentment make of all such things as you are charged withall on the Lord Protectors behalf the Lord Protectors Council your own and your fellows you shall well and truly keep and in all other things the truth present So help you God c. The Oath of those that give evidence to a Jury upon an Indictment D The Evidence you shall give to the enquest upon this Bill shall be the truth the whole Truth and nothing but the truth and you shall not let so to do for malice hatred or evil will nor for meed dread favor or affection So help you God and the holy Contents of this Book CHAP. LIX King Charls his Oath at his Coronation with his hand upon the Bible at the Altar A SIR Will you grant and keep and by your Oath confirm to the people of England their Lawes and Customs to them granted by the Kings of England your lawfull and Religious Predecessors and namely the Laws Customes and Franchizes granted to the Clergy and to the people by the King St. Edward your predecessor according and conformable to the Laws of God and profession of the Gospel established in this Kingdom and agreeing to the Prerogatives of the Kings thereof and to the antient Customs of this Realm Respons I grant and promise to keep SIR Will you keep peace and agreement intirely according to your power both to God the holy Church the Clergy and the people Respons I will keep it SIR Will you to your power cause Law Justice and Mercy in discretion and truth to be executed in all your Judgements Respon I will SIR Will you grant to hold and keep the Laws and rightfull Customs * which the Commonalty of your Kingdom have and to defend and uphold them to the honor of God so much as in you lieth Respons I grant and promise so to do and shall observe and keep So God me help and the Contents of this book King Johns Oath and fealty to the Pope Innocentius An. Dom. 1213. B JOhn by the Grace of God King of England France and Ireland from this hour forward shall be faithful to God and to St. Peter and to the Church of Rome and to my Lord Pope Innocentius and to his Successors lawfully entering I shall not be in word and deed in consent or counsel that they should loose Life or Member or be apprehended in evill manner their loss if I may know it I shall impeach and stay so far as I shall be able or else so shortly as I can I shall signifie unto them and declare the same unto you the Councill which they shall commit unto me by themselves their Messengers and their Letters I shall keep secretly and not utter to any man to their hurt to my knowledge the Patrimony of St. Peter and especially the Kingdom of England and Ireland And I shall endeavor my self to defend against all men to my power So help me God and the holy Evangelist Amen See his reassignation of the Liberties after this Oath to the Barons of the Liberties of England in ch 1. K CHAP. LX. The Oath of a Mayor of a Corporation A YOu shall swear that you well and truly shall serve the Keepers of the Liberties of England by authority of Parliament and the Commonwealth in the Office of a Mayor and as Mayor of this Town and Borough of Newcastle for and during the space of one whole year now next coming and you shall minister equal Justice as well to the poor as rich * to the best of your cunning wit and power and you shall procure such things to be done as may honestly and justly be to the profit and commodity of the Corporation of this Town And also shall indeavor your self to the utmost of your power to see all Heresies Treasons Fellonies and all other Trespasses Misdemeanors * and Offences whatsoever to be committed * within this Town and Borough during the time of your Office to be repressed reformed and amended * and the Offenders duly punished according to the Law * And finally you shall support uphold and maintain the Commonwealth within this Town prescribed Customs Rights Liberties Jurisdictions Franchizes Compositions and all lawful Ordinances of this Town and Borough * And as concerning all other things appertaining to your Office you shall therein faithfully and uprightly behave your selfe for the most quietness * benefit worship honesty and credit of this Town and of the Inhabitants thereof So help you God The Oath of Burgesses of Corporation B YOu shall swear that you well and truly shall serve the Keepers of the Liberties of England by authority of Parliament and the Inhabitants of this Town and Borough of this Town as one of the Burgesses of this Town and shall minister equall Justice to poor and rich after the best of your cunning wit and power And also shall well and truly observe perform fulfill and keep all such good Orders Rules and Compositions as are or shall be made ordered or established by the Common-Council of this Town for the good Government thereof in all things to you appertaining And you shall not utter or disclose any counsel or secret thing or matter touching the Fellowship or Corporation of this Town whereby any prejudice loss hinderance or slander shall or may arise grow or be to the same Corporation But you shall in things belonging to the Fellowship or Corporation of this Town faithfully honestly * and indifferently behave your self for the most benefit and honesty of this Town and the Inhabitants thereof So help you God The same Oath is for the Aldermen Where the Stars are in the Lines there will appear breaches CHAP. LXI The Oath of a Sheriff A YOu shall swear that you shall well and truly serve the Keepers of the Liberties of England by authority of Parliament in the Office of a Sheriff of the County of N. And do the Keepers of the Liberties of England profits in all that belongeth you to do by way of your Office as far forth as you may or can Yee shall truely keep the Keepers c. and all that belongeth to them Ye shall not assent to decrease to lessen nor to concealment of any of their Rights or Franchizes and whensoever yee shall have knowledge that their Rights be concealed or withdrawn be it in Lands Rents Franchizes or Suits or any other thing ye shall do your true power to make them be restored to them again And if ye may not do it ye shall certifie them thereof such as you know for certain will
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
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 of Chriton in the County of Northumberland Gent. London Printed for R. Ibbitson in Smith-field and P. Stent at the White horse in Giltspur street without New-gate 1655. For his Highness Oliver Lord Protector of the Commonwealth of England Scotland and Ireland c. May it please your Highness THe Nation finding your fatherly care over them in the well ordering and governing according to the Laws Statutes and Customs endeavoring peace causing Justice and Law to be equally administred have cause and do bless God for the same Upon serions consideration whereof I shall not dare or presume to use Arguments to induce your Highnes to lend an ear to hear the Nations grievance or what may be presented for its good but do humbly present herein some collections of Records taken out of most Judicatures concerning the abuse of the Coal-Trade the Burrough and Corporation of Newcastle upon Tine its Charters Evidences and Depositions proving thereby general wrongs and insupportable burdens viz. First Forcing people to lose their lives others to swear against themselves others to cut purses in their Courts for gain and all to themselves illegal and false arrests and Imprisonments refusers of Bail and disobeyers of Habeas Corpuses great and usual Impositions and arbitrary Fines contemners of your Law Judges Jurors and Witnesses in their own causes converting all Fines Felons Goods and Wrecks to their own use destroyers of that famous River of Tine forcing ships and boats to sink and imprisoning those that dare to succor them Ingrossers of all Coals and other commodities into their own hands from the Inheritors by Patent with other irresistable Oppressions like to the Spanish Inqusition and practice of the High Commission and Star-Chamber being put in execution at this day in that Town by command of the Magistrates and other their Officers And what they cannot do by force of their Charter amongst themselves against any private person opposing then by Combination ruin them at Law by their Delatory Plea and out-pursing them to the high dishonor of God and your Highness and tending to the peoples undoing Humbly beseeches for the glory of God the fame of your Law the contentment of the free people of England the preservation of Trade and Navigation and increase of your publique Revenue II. That no confirmation bee of that Towre of Newcastle upon Tines Charters or usurped powers but that a speedy remedy be had either by Quo waâ—ranto or otherwise and their Magistrates may suffer according to their offences III. That no Arrests be made in that Town except by process from above or under forty shillings by reason they understand not the Law and commonly their Judges will master Reason IV. That Commissioners of Sewers in Northumberland and County of Durham be forthwith impowred for the preservation of that River otherwise it will be quite choaked up and thereby no Coals to be got but at excessive Rates V. That an Ad quod damnum be granted for a Market at Shields which will prevent the loss of many a poor souls life for the future VI. Or that a revival of that never to be forgotten Statute 11. Ri. 2. Cap. 7. for a free Trade to all which voided all Monopolies and Charters as being the greatest grievance in a Commonwealth c. It will not onely make this your Nation equivalent with Venice Holland and other free rich States in riches but preserve Timber and reduce Coals under 20 s. the Chalder all the year at London but also augment to your publique Revenue above 40000. l. per an in that very Port of the River of Tine VII That your Royal protection be granted to such who prosecute a cause in behalf of your Highness from the hand of violence during the time of their prosecution That the Clause in the 21. K. James chap. 3. viz. for all informations upon penal Statutes to be prosecuted in the respective Counties be voyd by reason the Judges alias Sheriffs are the offenders and no right can be got against them the honorable Judges of both Benches hands being tyed up for want of an Appeal obstructed by the aforesaid Statute VIII If their Charters and illegal Privileges be confirmed undoubtedly it will sacrifice the Peace of your Nation lessen your Interest with the Free-born weaken your Power loose the bonds of a quiet Government extirpate the pure Laws and advance disorder and confusion it being humbly conceived this happy change of Government voids their Charters they being no Laws but meerly Prerogatives to Englands comfort IX That Sheriffs and their Substitutes may be liable to the punishment of Perjury for breach of their Oath in denying Bail to such as are capable for not returning Writâ— of Habeas corpus and other their false Returns as others in other natures X. And that a Law be created for death to such that shall commit Perjury Forgery or accept of Bribery XI All which are laid at Your Highness and Councils feet to do as God shall direct for the relief of the oppressed Ever subscribing my self a Servant to your Highness and the publique RALPH GARDINER To the Reader Courteous Reader I Set not out the Map of the River of Tine for ships to steer their course by but for a Demonstration to such Judges as may be appointed Regulators of the great abuses done thereunto nor the Effigies in my Book for other Corporations to act the like by but that the irregular proceedings therein and cruelty of this Corporation of Newcastle may the plainer appear not onely to his Highness and Council Parlament Admiral Army Judges Gentry but also to the commonalty of the Nation that they may expel out of their thoughts such tyranny as is there enacted by Charter-Law being nothing more of my labours and pains than what I am bound in Duty and Conscience for the relief of the oppressed resolving with Gods assistance to continue so doing to the uttermost of my power Probably I may have omitted some circumstances relating yet am I confident nothing comprehended but the naked truth and what omissions are in this in my next will appear if I miscarry not by an unknown hand I doubt not but some person may answer this iâ— Print or require further satisfaction therein I am ready to receive the one and declare the other but well I know the truth hereof cannot be disproved Such may if they please whose natural dialect is detraction apt to stain and sting with calumny and slander sooner than make a just defence
whether she had nothing of his in her body but did not bleed but she being amazed replied little then he put his hand up her coaâ—s and pulled out the pin and set her aside as a guilty person and child of the Devil and fell to try others whom he made guilty E Lieutenant Colonel Hobson perceiving the alteration of the foresaid woman by her blood settling in her right parts caused that woman to be brought again and her cloathes pulled up to her Thigh and required the Scot to run the pin into the same place and then it gushed out of blood and the said Scot cleared her and said she was not a child of the Devil F So soon as he had done and received his wages he went into Northumberland to try women there where he got of some three pound a peece But Henry Ogle Esq a late Member of Parlament laid hold on him and required Bond of him to answer the Sessions but he got away for Scotland and it was conceived if he had staid he would have made most of the women in the North Witches for mony G The names of the prisoners that were to be executed being kept in prison till the Assizes and then condemned by the Jury being Burgesses were Matthew Bulmer Eliz. Anderson Jane Hunter Mary Pots Alice Hume Elianor Rogerson Margaret Muffet Margaret Maddison Eliz. Brown Margaret Brown Jane Copeland Ann Watson Elianor Henderson Elizabeth Dobson and Katherine Coultor These poor souls never confessed any thing but pleaded innocence And one of them by name Margaret Brown beseeched God that some remarkable sign might be seen at the time of their execution to evidence their innocency and as soon as ever she was turned off the Ladder her blood gushed out upon the people to admiration of the beholders John Wheeler Elianor Lumsdel and Bartholomew Hâ—dshon proves the like H The said Witch-finder was laid hold on in Scotland cast into prison indicted arraigned and condemned for such like villanie exercised in Scotland And upon the Gallows he confessed he had been the death of above two hundred and twenty women in England and Scotland for the gain of twenty shillings a peece and beseeched forgiveness And was executed I The Judgement nor Execution is not in question nor questioned being ordinary But onely it being desired to know by what Law the Magistrates of Newcastle could send into another Nation for a mercinary person to try women for Witches and a Bell-man to cry for them to be brought in and twenty shillings a peece given him to condemn them K Queery and by what Law men are hired to give evidence to take away peoples lives and the convicted estates to come to the Jurors being extraordinary The Lord Protector commands all Judges Justices and Witnesses to appear to execute Justice and give evidence gratis Queen Elizabeth by her Charter grants to the Mayor and Burgesses all fines and fellons goods in that Town and Liberties Zech. 11. 5. See chap. 58. C. D. CHAP. LV. A. Robert Sharp B. Aâ—â— Biulestone A IOhn Wilâ—is of Ipswich upon his Oath said that he this Deponent was in Newcastle six months ago and there he saw one Ann Biulestone drove through the streets by an Officer of the same Corporation holding a rope in his hand the other end fastned to an Engine called the Branks which is like a Crown it being of Iron which was musled * over the head and face with a great gap or tongue of Iron forced into her mouth which forced the blood out And that is the punishment which the Magistrates do inflict upon chiding and scoulding women and that he hath often seen the like done to others B He this Deponent further affirms that he hath seen men drove up and down the streets with a great Tub or Barrel opened in the sides with a hole in one end to put through their heads and so cover their shoulders and bodies down to the small of their legs and then close the same called the new fashioned Cloak and so make them march to the view of all beholders and this is their punishment for Drunkards or the like C This Deponent further testifies that the Merchants and Shoe-makers of the said Corporation will not take any Apprentice under ten years servitude and knoweth many bound for the same terme and cannot obtain freedome without 5. Eliz. 4. These are such practices as are not granted by their Charter Law and are repugnant to the known Laws of England D Drunkards are to pay a Fine of five shillings to the poor to be paid within one week or be set in the Stocks six hours for the second offence to be bound to the Good Bâ—haviour 1 K. James 9. 21. 7. E Scoulds are to be Duckt over head and ears into the water in a Ducking-stool F And Apprentices are to serve but seven years 5. Eliz. 4. I was certainly informed by persons of worth that the punishments above are but gentle admonitions to what they knew was acted by two Magistrates of Newcastle one for killing a poor Work-man of his own and being questioned for it and condemned compounded with King James for it paying to a Scotch Lord his weight in gold and silver every seven years or thereabouts c. The other Magistrate found a poor man cutting a few horse-sticks in his Wood for which offence he bound him to a tree and whipt him to death related by William Wall Vintner in Gates-side Tho. Watson Scrivenor on Sandhill and Ralph Watson late Minister in Northumberland CHAP. LVI A FIve and twenty years ago upon the Trial with the Mayor and Burgesses of Newcastle and Sir Robert * Heath the judgement of the most ancient and experienced Masters of the Trinity-House in London were required in answer to the Town of Newcastles objections as is upon Record in the Trinity-House B Newcastles saith if Ballast-shoars be suffered to be built at or near the Shields * it would hinder the Towns Trade and â—ndanger the River of Tyne Neither can any Ballast-shoars be built at Shields below a ful Sea-mark or in any part of the River by any but Newcastle by reason all that ground to a full Sea-mark on both sides the River is the Towns by Charter from Sparhawk to Headwin streams fourteen miles in length See chap. 20. A 19 E. G C Answer to the first it will not hinder the Town of Trade but advantage the whole Nation especially that Town by reason double Trade will be drove thereby and cause Coals to be cheaper at half Rates then now they are at and the River better preserved D Secondly it will better the River for Inning of void and waste grounds and flats in Rivers causeth the streams to be more strong and run more swift which thereby will soowr and cleanse the channel and consequently gain more water to the River preserve the banks from falling into it help Navigation for the deeper the water the more Navigable the lesse danger and more
safety for ships See chap. 19. H * E It is also answered by others if the ground to a full Sea-mark be theirs then why should they proffer to King Charles * two hundred pound for Jarrow-slike 1637. All which the water covers and is within a full Sea-mark See 20. chap. C. D. F Also why should Thomas Bonner the Alderman buy Sir Henry Gibs his Ballast-shoar to a low water-mark at Jarrow for his use from the Town were it theirs before G And why should Mr. Gibson * swear none of that ground which they claim to a full Sea-mark is theirs See 34. chap. B. H In the Treasury at Westminister those ancient Records will quickly decide the controversie making it appear that the one third part of the River on the South-side belongs to the Gentry of the Country of Durham and all grounds to a low water-mark and the like on the North-side to the Gentry of Northumberland and the other third part free for ships and vessels to sail too and fro for the relief of the Inhabitants See Chap. 34. A * B See Chap. 4. * I It is too much that the Corporation should be Lords of both the Sea and all the Land And it is too little the Commoners in both Counties should have neither Sea nor Land being born to all alike A quo Warranto would know by what power they claim one shilling for every Ballast Bill one shilling for every Salt Bill three pence for every Chalder of Coals two pence for every weigh of Salt and eight pence the Tun for all Ballast and I am confidently perswaded K would void them all for they are neither customary nor warrantable by Law so unlawful as for other duties as Tunage and Poundage Customes Lightage otherwise called Beaconage Boyage for maintaining of Peers and Ancoridge with Tole it will hardly be questioned except abused let them complain that are agrieved c. See Stat. 30. Edw. 1. 1301. Instead of a Mayor in that and such like Corporations a King Cattelus spirit to govern were better who hanged up all oppressors of the poor for an example whereby he reigned twenty yeers in peace Also a Lud who made good Laws and took away all usages that were bad and reigned long in peace and plenty CHAP. LIV. His Excellencie O liuer Cromwell Generall of all the Forces of England Scotland Ireland Chancelour of the Vniversity of Oxford Lord Protector of England Scotland and Ireland RG fecit Peter Stent Exâ— 1653. An Act for a Free-Trade in the River of Tyne for Coals Salt c. A WHereas Trade and Commerce is become now more than formerly the interest of this Nation And it is therefore the duty as well as the wisdome of this Parliament to secure and advance the same And in order thereunto and for other great ends of Honour and Safety to increase the Shipping and incourage Navigation And And whereas a great part of the Stock and wealth of this Nation lyes in the well husbanding and managing of those home Commodities of Coals and Salt Milstones Glasse the chief trade whereof is exercised upon the River of Tyne And in the County of Northumberland and Durham B And whereas the Parliament hath been informed of great exorbitances done and committed by the Town and Corporation of Newcastle upon pretence and colour of Powers Priviledges and Franchises granted to the said Corporation whereby it appears C That the free and quick trade of those Staple Commodities hath been much obstructed the River made dangerous and in many places almost Un-navigable and encrease of shipping so considerable a Nurcery of Martiners greatly ruined and Navigation too much discouraged for remedy herein D Be it Enacted Declared and Ordained by this present Parliament and by the Authority thereof That all former Powers Priviledges and Grants made and granted to the Town and Corporation of Newcastle or to any other person or persons whatsoever for the conservancy of the River of Tyne be and are hereby repealed made void and null and the Committee of the Admiralty by Authority of Parliament or any five of them be and are hereby Authorized and required to nominate and appoint fit and able persons as well of the Counties of Northumberland and Durham Seacoast and Port of London as of the Town and Corporation of Newcastle to have the charge of and to be Conservators of the River of Tyne and to invest and impower the said persons with all priviledges and power necessary to enable them for the better and more effectual carrying on and performance of the said service E And the said Commissioners are hereby further Impowred and Enable from time to time to give and prescribe unto the said Conservators Rules and Instructions for to observe and pursue and to require obedience thereunto and to receive and examine complaints and to hear Witnesses upon Oath which Oath they the Commissioners or any three of them are hereby enabled to administer and to punish offenders by reasonable fine and punishment by imprisonment and to displace and to remove Conservators upon just and reasonable cause and to lessen or adde to their number as they shall see cause and to direct and order all other matters requisite and necessary for the conservancy of so famous and commodious a River and for preventing of all such damages mischiefs and newsances as may hurt or ruine the same and to settle a stipend upon the said Conservators and to direct the same and other necessaries and incident charges to be allowed and issue out of the profits of the said River F And be it further Enacted and Ordained that sufficient and well fenced Ballast shoars Keys and Steaths be built and erected either at Shields or such other convenient place as the said Conservators or the major part of them shall think fitting And the said Conservators are Authorized and required to use and direct all good wayes and means according to such powers and directions as they shall from time to time receive from the said Commissioners of the Admiralty to prevent and remedy all damages that may happen by losse of ships and mens lives at Sea by casting their Ballast over-board or into the River at unseasonable times or unfitting places or from the Ballast-shoars being carelesly kept through great winds rains or other casualties washing down the Ballast and that from henceforth no Masters of any ships or other vessels be constrained to go up the River and to heave out their Ballast at the shoars belonging to the Town of Newcastle or be hindred to load Coals or discharge their Ballast where they may with most conveniency and safety perform it as well to the Road-steads it self as to their shipping G And further that all Masters of ships trading to the said River of Tyne have hereby liberty and power to make use within the said River of what Ship-Carpenter or Ship-Wright or other Artificers or persons they please and find fittest for their own conveniency in
Controlers do imbezel the Kings Customes the Merchants be greatly hindred because that the Warrants might plainly shew and declare their due custome when they be often and unduly impeached in the Kings Exchequor in consideration of the said deceits it was Enacted that the said Customers and Controlers shall write and deliver sufficient Warrants sealed with the Seal of their Office to that end ordained to the said Merchants not anything to begiven for the same but their due Custome And that in case any Customer or Controler do the contrary then the Merchant may have an action by vertue of this Ordinance to pursue every Customer or Controler that doth the contrary in every Court of Record and being thereof attainted shall forfeit to the King for every default ten pounds and to the Merchant grieved that sueth five pound 11. Hen. 6. 15. See Chap. 45. E. The great danger occasioned by small Riots B In the 37. year of his Reign began such Riots Routs and unlawful Assemblies that it produced a worse effect then in King Richard the seconds daye◠which was occasioned between a Yeoman of the Guard and a Serving-man of the Earle of Warwick which so far increased not being timely prevented that it proved the root of many a woful Tragedy brought to death the Duke of York who was proclaimed Successor to the Crown the King Prince Edward his Son all or most of the Peers of the land destroyed by sidings and at least six and thirty thousand of the common people cut off at one battel at Toughton in Yorkshire the King Queen and Prince put to flight to Barwick See Richard the second what was done See Chapter 37. A. 3. Hen. 6. See Rich. 2. E. Sheriffs Fees none of his Officers shall be returned upon Inquests letting to Bayl c. C Stat. 23. Hen. the sixth Chapter 10. The King considering the great-Perjury Extortion and Oppression which be and have been in his Realm by his Sheriffes Under-Sheriffs and their Clerks Coroners Stewards of Franchizes Bayliffs and keepers of prisons and other Officers in divers Counties of this Realm have ordained by the Authority aforesaid in eschewing of all such Perjury Extortion and Oppression and that because the Sheriffe of every County is a great and necessary Officer in the Commonwealth and used as a special instrument to the furtherance of Justice in all Suits pursued at the Common-Law and his service is imployed in the beginning prosecuting and ending of the most of them therefore as the Law hath alwayes had a special regard of him and foreseen that he shall be a man of wisdome of worth of credit countenance and ability this is not William Fenwick of North-Riding in Northumberland for he derogates from them all and that he shall be allowed a convenient stipend and sallary for his pains in most cases so doth she carry a vigilent and watchful eye upon him and his inferiour Officers or Substitutes knowing what grievous Oppressions might ensue if she should leave a man of his Authority and necessary imployment at liberty to dive at his pleasure into other mens purse and to take what he would as William Fenwick doth therefore she hath restrained him his Under-Sheriff Bayliffe of Franchizes and other Bayliffes most of which are forsworn within certain Lists and assigned them what they shall take for Arrests Attachments Mainprizes letting to Bail and serving of Executions which if any of them do exceed he shall forfeit forty pound a time and shall be adjudged an extortioner in which said Statute it is Enacted that no Sheriffe Under-Sheriffe or any Bayliffe by occasion or under colour of his Office shall take any other thing by themselves or any other person to their use or to their profit of any person by any of them Arrested or Attached nor of any other for them for the omitting of any Arrest or Attachment to be made by their bodies or of any person by any of them by force or colour of their Office Arrested or Attached for Fine Fee Mainprize letting to Bail or for shewing any ease or favour to any such person so Arrested for their reward or profit but such as follows the Sheriffe twenty pence the Bayliffe which maketh the ☜ Arrest or Attachment four pence the Gaoler if the prisoner be committed to his Ward four pence for making of a Return or Paniel and for the copy of a Paniel four pence no Bond to be made by them under colour of their Office but onely to themselves for the appearance of any prisoner at the day prescribed and what Bond is otherwise is void and he shall take no more for making such Obligation Warrant or Precept by him to be made but four pence And all Sheriffes Under-Sheriffes Clerks Bayliffes Gaolers Coroners Stewards Bayliffes of Franchizes or any other Officer or Ministers which doth contrary to the aforesaid Ordinances in any point of the same shall lose to the party in this behalf endamaged or grieved his treble damages and shall forfeit forty pounds at every time that any do the contrary in any point of the same whereof the King shall have the one half to be imployed only to the use of his house and the other to the party that will sue for the same by Bill Plaint c. I shall lay open the excessive Fees extorted by the Sheriffs of Northumberland against the Law viz. Return a tales 6 s. For allowance of a pony 9 s. 2 d. For allowance of a Writ false judgement 16 s. 6 d. Upon Execution granting out 15 s. And all upon the Defendant after Execution 1 l. 11 s. 6 d. For breaking open an original Proces 2 s. 6 d. For the Warrant thereof 6 d. Bayliffs for the Arrest from the Plaintiff 1 s. From the party Arrested 1 s. 8 d. To file Bayl above and taking the Declaration 8 s. This is costly Law This Justice is both bought and sold c. A Bill of Indictment before a Judge would reduce these c. The Form of an Indictment for Sheriffs D London ss The Juros for the Lord Protector of the Commonwealth of England Scotland and Ireland c. Upon their Oaths do present That John Butler of London Sheriffe the 20. day of August in the year of our Lord God 1652. being then Sheriffe and Keeper of the Prison of the Newgate in London the day and year aforesaid did by force or colour of his said Office as Sheriffe and Keeper of the said Prison unlawfully and extortionously exact and take of one John Cuthberton then and there being arrested and imprisoned in the said Prison under the custody of the said Sheriff at the Suit of John Roe the sum of six shillings and eight pence for the Fee of the said Sheriffe and Keeper for the custody of the said John in the said Prison from the 20. day of the Month of May in the year aforesaid untill the 20. day of August then next following to the great damage of the