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
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
beseecheth her Grace to increase inrich inlarge and establish as much as in her lay their Authorities and Jurisdiction in Sea-businesses with larger Priviledges Exemptions Liberties and Immunities and those being called by various names to establish into a certain Body and reduce and create the Name of the Incorporation upon which Petition the Queen made the Town and Corporation of Newcastle a free Town in these words D That the Burgesses and Inhabitants of the said Town from henceforward for ever shal be one body Corporated or body Politick in substance Fact and name by name of a Mayor and Burgesses And that by that name they may have perpetual succession And persons able in Law capable to have purchase receive and possesse Lands Tenements Liberties Jurisdictions Franchises and Hereditaments of what kind nature or form soever they shall be to them and their Successors in Fee and perpetuity And to assign them over by the name aforesaid And by the same name to implead or sue and be sued answer or to be answered defend or be defended in any Court of Record E And to have a common Seal for their causes and businesses and to break and change the same at their pleasure F Likewise she confirms by the said Charter to the said Mayor and Burgesses and their Succesors that they onely of the said Town with its Members and Appurtenances and also that they may have all the same Customes Liberties Priviledges Franchises Immunities Exemptions Qâ—ittances and Jurisdictions how many and how much soever hath been granted by former Kings by what name or names soever or by what pretence they have or do enjoy or claim the same To have and to hold and to be holden of the said Queen in Fee-farm c. G Also grants by the said Charter unto the Mayor and Burgesses and their Successors full authority power and faculty of Mittigamus constituting ordaining making and establishing from time to time such Laws institute Judgements Ordinances and Constitutions according to their sound discretion being good wholesome and necessary for the publick good and weal and common profit and good rule of the said Town H The Mayor and Burgesses have power hereby to inflict punishments pains penalties and imprisonments of bodies and by Fines or Amerciaments may levy and have to them and their Successors without calumny or impeachment requiring all persons to yeeld obedience to such Laws c. Provided those Laws Ordinances Institutions and such like Customes be not repugnant to the Laws and Statutes of England I Also that the Grants which the said Town of Newcastle and the Circuits Precincts and Jurisdictions thereof to stand as well in breadth as length as well by land as by water as was accustomed before the memory of man as they were wont to extend themselves and in the River of Tyne from a place called Sparhawk in the Sea to Headwin streams seven miles above Newcastle-bridge And to pull down all walls hedges and blocks offensive c. K And further by the said Letters Pattents the Queen doth grant unto the said Mayor and Burgesses upon the surrender of the same Letters Pattents of the same High Admiral of England by death forfeiture surrender or other means to become void for ever And may have and hold within the said Town one Court of Admiralty of Record every Munday throughout the year In which Court the Mayor or Recorder to be one And to begin upon the vacancy of the said Office to hold by plaint in the same Court to be levied all and all manner of Pleas Suits Plaints and Demands For which Debts Contracts Covenants Trespasses and Deceits Matters and Offences whatsoever to the said Court of Admiralty belonging and to hold Court of Pleas according to the Laws and Customes of the said Court of Admiralty of England and other Legal wayes and means whereby the truth may the better be known with power of any temporall constraint or mulct or any other pain according to the Laws and Customes of the said late Queens Court of Admiralty of England to be compelled or to do and administer Judgement the order of Law being kept L And likewise she ordains Justices of the Peace to conserve the Peace in the said Town and Port for the putting in execution the Statutes and Ordinances made at Wstminster in the eighteenth yeer of King Edward the third concerning forestalling of Merchandizes upon the water or upon the Sea And the thirteenth of Edward the first the five and fortieth of Edward the third the thirteenth of Richard the second and seventh of Henry the fourth and Henry the sixth the four and thirtieth of Henry the eighth and the fifth and sixth of Edward the sixth Statutes at Westminster against Regrators Fore-stallers and Ingrocers to enquire after such offenders against the Laws and Statutes aforesaid to hear and determine such like Indictments and Punishments M That the Sergeant at Mace all Juries Pannels Inquisitions Attatchments Precepts Mandates Warrants Judgements Sentences Processes or other things whatsoever to do for the dispatching thereof N The Queen gives further power unto the Mayor to choose all Officers in the said Court whatsoever to remove and expell them as they shall see cause according to Law and Equity O That the Mayor Recorder and Aldermen three or more of them whereof the Mayor or Recorder to be one of them may have for every acknowledgement of al and singular such like Pleas Plaints Suits and Demands of Debts and other Sea-businesses and offences and also disseizing of all wrecks * at Sea or Port happening and of the death drowning and viewing of all dead bodies of what persons soever which in the said Town and Port howsoever slain or drowned or to be slain drowned or murthered or brought to death by any other means P Also the custody and conservation of the Statutes the wreck at Sea and of the Office of Coronors in the third and fourth year of King Edward the first and to punish Delinquents according to Law Q The Mayor of the same Town for ever hath hereby power to receive acknowledgements for any cause whatsoever in the Admiralty Court determinable and to record and enrole the said Recognizance to release cancel lessen and qualifie at their pleasure according to Law Also to demand execution according to the manner of the said High Court of the Admiralty of England R The said Queen doth give and grant by the said Letters Pattents unto the said Mayor and Burgesses and their Successors all and singular Fines Redemptions Issues Amerciaments Forfeitures Perquisites and profits whatsoever appearing happening coming assessed imposed or taxed or then after to be upon any by the aforesaid Court for their own proper use and behoof without any account to the said Queen or her Heirs to be levied so soon as ever it shall be adjudged by them without any unquietnesse
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
said John and to the evill example of others in the like case offending and contrary to the Form of the Statute in such case made and provided and against the publick peace See Cha. 58. C D B Stat. 23. Hen. 8. 3. King Henry the Seventh Henry the 7. began his Raigâ—e the 22. of June 1485. And was Crowned at westminster the 30 of octob Hee Raigned 25. years and 8. monthes and died the 22. of April lieth buried at westminster STat. three of Henry the seventh Chapter 1. * It is Enacted if any Coroner be remisse and maketh not Inquisition upon the view of the body dead and certifie not according to his Office It is ordained that he shall for every default forfeit five pounds See Chapter 10. O. P. Chap. 48. â—9 49. Weights and Measures c. Stat. 11. Hen. 7. chap 4. For as much as many grievances have been set forth unto this present Parlament of the great fraud and deceit in Measures Weights for remedy whereof it is ordained and enacted that to the Knights and Citizens of every Shire and City assembled in this present Parlament Barons of the Five Ports and certain Burgesses of Burrough Towns ere they depart from this present Parlament be delivered one of every Weight and Measure which now is made of brass for the good of the Subject according to the Kings Standard of his Exchequer of Weights and Measures and that they shall cause all common Weights and Measures to be as abovesaid and all such as prove defective then such weights and measures shall be broken and burnt and the party pay twenty shillings and be set in the Pillory the Quarter of Corn to be eight bushels raised and struck and fourteen pound to the Stone of Wool c. and water measure to be five pecks on ship-board according to the Standard c. See chap. 49 C No Ordinance to be made by Corporations c. By Act of Parlament 19. Hen. 7. 7. That Masters Wardens and people of Guilds Fraternities and of other Companies Corporate oftentimes by coulor of Rule and Governance to them granted by Charter and Letters Pattents made amongst themselves many unlawfull and unwarrantable Ordinances as well in prizes of wages as other things for their own singular profit and to the common hurt and damage of the people Be it enacted and it is hereby Enacted that no such Master Wardens nor Companies * make nor use any Ordinance in disheritance nor diminition of the Prerogative of the King nor of others * nor against the common profit of the people nor none other Ordinance of charge except it were first discust used and proved by good advice of the Justices of Peace or the chief Governors of Cities and before them entred upon Record and that upon pain to loose and forfeit the force and effect of all the Articles in their said Letters Pattents and Charters contained concerning the same and over that to pay ten pounds to the King for every Ordinance that any of them made or used to the contrary the same Ordinance to inâ—ure at the Kings pleasure which Act was then expired and since the expiration of the same many Ordinances have been made by many private Bodies within divers Cities Towns and Burroughs contrary to the Kings Prerogative his Laws and the common weal of his Subjects Be it therefore enacted that no Masters Wardens and Fellowship of Crafts or Mysteries nor of any Rulers of Guilds or Fraternities * take upon them to make any Acts or Ordinances nor to execute any by them heretofore made in dishertion or diminition of the Prerogative of the King nor of other nor against the common profit of the people except the said Acts and Ordinances be examined and approved by the Chancellor Treasurer of England or Chief Justices of either Benches or three of them or before both the Justices of Assizes in their Circuit in the Shire where such Acts or Ordinances be made upon pain of forfeiture of forty pounds for every time they doe to the contrary And over that it is Enacted that none of the same Bodies Corporate take upon them to make any Acts or Ordinances to restrain * any person or persons to sue to the King or any of his Courts for due remedy to be had in their causes nor put nor execute any penalty or punishment upon any of them for any such suit to be made upon pain of forfeiture of forty pounds for every time that they do to the contrary See chap. 39. A 30. D 43. D and chap. 10. G This Statute will prove offensive to the free Hoast-men and the Charter of the Admiralty if well prosecuted and pay them for all the wrongs done King Henry the Eighth Henry the 8 was borne at Grenwich Entred his Raigne being 18 yeares of age the 22. of Aprill 1509. was Crouned at Westminster the 25. of June following He Raigned 37. yeares and 9 months died the 28. of June buried at Winsor A SStat 21. Hen. 8. ch 18. In the vacancy of the Sea of Durham Cardinal Wolsey being dead and no Knights nor Burgesses in Parlament for Durham and Northumberland then the Mayor and Burgesses of Newcastle knowing there could be no opposition petitioned the King and Parlament for that whereas the Mayor Burgesses and Commonalty of that Town having been faithfull Subjects and held in Fee from his Progenitors that Town Port and Haven of the River of Tine thereunto belonging and of all ground * which the water covered within the said River of Tine from the Month of the said River called Sparhawke and to Headwin streams in their demean as of fee in right of the Crown and that all Merchandizes carryed by any ship or vessell into that Port or carried out used to be discharged and loaden only at that Town by which means the Customs Subsidies and Tole were received there for his Majesties use 500 l. per annum And that by reason of those Liberties and Franchizes that Town hath been well replenished and maintained and able to furnish his Majesty with four hundred Marriners for the War and by reason of several great personages as well spiritual as temporal having Lands adjoyning to the said River have loaden and unloaden ships with several Merchandizes and paid no Customs to the utter undoing of the Town and the great dishertion of your Highness and minishment to your Customs and that divers Weyers and Fish-gates were erected in the said River by means whereof great Sand-beds and Gravel heaps be grown and cast up in the said River that within few years to come no ship of good burthen or weight * shall be able to come up to the Town to the inestimable hurt of the Countries thereunto adjoyning and to the damage of your Realm * especially to all persons needing Sea-Coals which be onely conveyed from the said Port and no where else to be shipped or had but there In consideration whereof may it please your Majestie out of
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
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
further powers especially of the River of Tyne The King confirms their Charters but grants nothing new onely alters the Election of their Officers and prescribes them new Oathes to be administred to the said Officers in their Elections which Charter is in the Chappel of Rolls B Also the King and his Council grants them the confirmancy of the River of Tyne by giving nine Articles upon the 29. of January 1613. and joyned in the said Order The Bishop of Durham and other Justices of Peace of the County of Durham and Northumberland with the six Aldermen of the said Town of Newcastle But three years after being weary of partners the Mayor Aldermen and a Jury of the Burgesses exhibited a great complaint to the King and Council at White-hall of the great decay of that River occasioned by the said Commissioners through their neglect and breach of Trust Which Complaint begat this following Reference from the Council Table and further power to add to the former See chap. 34. C. 35. A. B 28. A P C Whereas upon complaint of the decay of the River of Tyne and of the daily abuses done and committed to the prejudice of the same Certain Articles were granted on the 29 of January 1613. and commanded to be put in execution for the remedy of such abuses And for as much as a Jury of Newcastle-men have by their Petition to this Board grievously complained those Articles were wholly neglected by the Mayor and six Aldermen of the same Town and the Bishop of Durham and Justices of Peace all which were joynt Commissioners for the preservation of that River The River decaying so fast that in short time it would be dord and wrecked up with sand c. If not Order soon taken therein The Council Ordered Sir Ralph Winwood Sir Julius Caesar and Sir Daniel Dun one of the Judges of the Admiralty with the assistance of the Trinity Masters of London to draw up Thirteen Articles more to be joyned with the former nine And by special Order of his Majesties Council at White-hall was given and commanded that all the said Two and twenty Articles be put in execution for the conservation and preservation of the River of Tyne by the Commissioners hereafter named Or else to forfit all the Towns Liberties into the Kings hands See chap. 13. D And though the Commissioners formerly appointed for the execution of the former Articles are persons of place and quality and otherwise well deserving of the publick Yet for as much as contrary to the Trust reposed in them they have altogether neglected their duty therein whereof further notice may be taken as occasion shall require It is thought expedient that these persons following be named and authorized Commissioners for the due performance and execution as well of the said former Articles bearing date the 29. of January 1613. as of those now devised and published with the joynt consent and good liking of the Aldermen of the Town of Newcastle and others attending their Lordships in that behalf for the safety and conservancy of that River E The Names of the Commissioners at Newcastle for the River of Tyne The Mayor William Warmouth Timothy Draper Cudb Bewick Tho. Wynn Leo. Car Robert Leger John Stubs Robert Chamberlain John Holbourn Hen. Johnson Edw. French Tho. Ewbanck George Wallis Ralph Cox John Eaden John Butler F 29 January 1613. 1 That the owners of every Salt-work on either side of the said River of Tyne built and to be built do within six months build up their Wharfs and Keyes sufficiently above a full Sea-mark in height of the water to be appointed by the Mayor and six Aldermen to the end neither Coals nor Rubbish do fall off into the River 2 That all Wharfs and Keys in all parts of the River of Tyne be damn'd and back'd with Earth and not with Ballast 3 That no Ballast be cast at shields by any vessel which loadeth either with Coals or Salt or other Commodities nor any Ballast Wharfes to be built there or used for that purpose See Chap. 19. H 24. E 18. A 4 That all Salt-pan Owners shall carry away their Pan Rubbish from off their Keyes or Wharfs every forty dayes that none fall into the River 5 That no Ballast be cast but upon sufficient Ballast Wharfs built and to be built above a High-water mark and to be allowed by the Mayor and six Aldermen in any part of the River See Chap 49. G 6 That the Surveyors Unladers and casters of Ballast according to their offices and duties shal every week cause all the Ballast which falls off the Ballast shores into the River to be taken up again and cast upon the Ballast Wharfs And to take care that the Ships have a good sayl to lye between the ship and shore that none of the Ballast fall between into the River See Chap. 49. G 14. B 34 35. 7 That no Coals nor Stones be digged within sixty yards on a streight line from a full Sea-mark in any part of the River to the end none fall in 8 That some strict and severe punishment be inflicted by the Mayor and six Aldermen upon any such Master of Ship or Keels as shall presume to cast any Ballast upon any insufficient shores or into the River See Chap. 49. E 39. 14 C 9 That there shall be no wyers dams or other stoppage or casting of Ballast in or neer the said River or Creeks running into the said River of Tyne or within eight miles of the Town of Newcastle but such as shall be allowed by the Mayor and six Aldermen of the said Town such shores being sufficiently Wharfed See Chap. 34. Thirteen Articles more granted Feb. 14. 1616. 10 That no Lighters Boats or Keels with Ballast be suffered to go up and down the River of Tyne in any night Tyde to prevent the Keel mens casting Ballast in to the River they often using so to do being more easie and lesse labour to cast it into the River than upon the top of the Ballast shores which spoyls the River the Commissioners are to take care herein to see the putting hereof in execution and to punish offenders See Chap 49. E 11 That Strangers shall be appointed every week to cleanse the Streets in Newcastle of their Ashes and other rubbish to prevent the rain from washing the same into the River thorough Loadbourn 12 That all the Gates on the Town Key be locked up every night except one or two to stand open for the Masters and Sea-men to go too and fro to their ships which will prevent servants casting Ashes and other Rubbish into the River And that those two Gates be constantly watched all night long See Chap. 49. E Chap. 14. B 13 That all servants dwelling with any the Inhabitants residing or inhabiting in the Town of Gates-head and Sand-gate and the Close in Newcastle be sworn every year not to cast any Rubbish into the River See Chap. 49. E 14
the Council for aâ— explananation upon some of the said two and twenty Articles and for further power for the preservation of the said River especially upon the one and twentieth Article to whom the bonds should be made It was Ordered to the Mayor for the time being c. B Also prayed resolution who should repair and mantain the Ballast shoars and Coal-Wharf as is exprest in the nineteenth Article Ordered that as well the Owner as the Tenant be bound to such reparation during the time use was made thereof and onely the Owners afterwards They also humbly craved their resolutions of the sixth Article and twelfth Article who should be at the charge of cleansing the River of the Ballast and pay the Watchmen c. It is Ordered that the Town-chamber defray both the one and the other by reason they receive the profits of the River c. See Chap. 12. 6 Chap. 34. 39. 49. C They also prayed the resolution of the eighth Article for the punishing of Masters of Ships It was Ordered that the Commissioners should take bond * with sufficient Sureties to appear before the Council to answer their contempt and to such as refuse to give bond then the Commissioners to commit them to prison till they give Sureties to answer at London c. See Chap. 41. C Ordered that the Commissioners shall have power for ordering the Wharf and new shoars in every place in that River after they are once erected as well for the strengthning as backing of them with Ballast as with other Earth See chap. 18. F E That the Commissioners there at least shall subscribe every Ticket and the Mayor * for the carrying up of every Keel of Ballast from the ships at Shields to Newcastle ballast shoars for the more faithfull execution of that service See chap. 49. G. * F Ordered that the Commissioners shall have power to order and determine of such rewards as shall be given to every Wherry-man or Fisher-man * or other that shall truly present any offence or offenders against any of the Articles prescribed to be taken out of such Fines Muâ—cts and Amerciaments as shall be imposed upon any the Delinquents against the said Articles See Chap. 39. A * G Ordered that the Commissioners shall have power to cause the ballast already become noysome or in any part of the River or like to do hurt from the Land to be removed to a new Wharf or fit place See Chap. 34. A 35. A. B. CHAP. XV. KIng James on the 14. of April in the seventeenth year of his Reign grants unto Alexander Stevenson Esq and his Assigns for fifty years the whole Castle of Newcastle with all Appurtenances thereunto any way belonging at the Rent of forty shillings per annum except the prison wherein is kept the sons of Belial it being the County prison for Northumberland the said Mr. Stevenson dyed and left Mr. Auditor Darel his Executor and left him that Lease it being all he was like to have towards the payment of the said Mr. Stevensons debts which was due to the said Executor and others amounting in the principal to two thousand five hundred pound besides damages which amounted to as much more who is kept from his right by the instigation of the Mayor and Burgesses upon an Inquisition taken the 18. of August in the 18. year of King James at Newcastle It was found to be in Stevenson and now in his Executors the said Stevenson dyed in October 1640. they claiming a right from one widow Langston relict to one John Laugston Groom Porter c. but that Title the Law will quickly decide upon a legal Trial but the County of Northumberland hath the reversion who is kept from having a free passage to the Assizes by the Mayor and Burgesses who shuts up the gates which is the right passage and at such gates which be open the people of Northumberland coming to do their service at the Assizes holden for that County in that Castle are arrested and cast into prison by Newcastle where none can bail them but Burgesses of Newcastle and often thereby such people have their Cause overthrown by such restainment In Easter Term in the 18. year of King James Sir Henry Yelverton Kt Attorny General exhibited an Information against the Mayor and Burgesses concerning the premises above mentioned where all plainly appears amongst other things of the Town not to belong to them c. CHAP. XVI A IN or about the eighteenth year of King James an Information was exhibited in the Star Chamber by the Attorny General against the Mayor and Burgesses of Newcastle by the name of Host-men for that they having the preemption of Coals from the Inheritors in Northumberland and County of Durham by their Charter of free Hoast-men 42 Queen Eliz. * they having the sale of all Coals who force ships to take bad Coals or will not load them with unmarketable Coals being brought for London prove much to the damage of the people Which grief begot great Suits between the Merchants and Masters of ships to their disquieting and high charge upon which this Information was brought against the said Hoast-men for selling of bad and unmerchantable Coals and much Slate amongst them for which they were all fined some 100 li. a peece some more others less being found guilty and ordered to do so no more but it is proved they continue the same to this day See chap. 43. A CHAP. XVII A KIng James upon the 28 of January in the 16 year of his Reign grants the Admiralty of all England c. to the Duke of Buckingham it being surrendred by the Lord High Admiral so that the Title of Newcastle by vertue of the Chrater of the 31 year of Queen Elizabeths Reign is conceived of little force See ch 10. B CHAP. XVIII King Charles The high and Mighty Monarch CHARLES by the grace of GOD King of Great Brittaine France and Ireland P. Stent exâ—udit A SIr Robert Heath Lord Cheif Justice of the Common Pleas was building a Ballast Wharf or Shoar on his own Land at Shields adjoyning upon the River of Tyne seven miles from Newcastle but the Commissioners of Newcastle the Mayor and Aldermen with others obstructed the building thereof pretending it would spoil the River but the Lord Cheif Justice well knowing it to the contrary by the advice of most of the antient Trinity Masters of London other experienced Traders thither went on with the building thereof upon which in the year 1632. the said Mayor and other Commissioners exhibited a complaint to the King and Council against the same at Whitehal complaining that if any Ballast Shoars or Wharfs were built at Shields it would much spoil the River and hinder Trade and Navigation at which there was a legal Tryal it appeared to the contrary the King and Council upon the 13th day of July 1632. Ordered that Sir Robert Heaths Ballast shoar should bee built D In February next the Commissioners
of Newcastle complained again upon the same business by pleading some new matter in their Petition and the reference they obtained on their Petition was Ordered by the King and Council this 13th of February 1632. that Sir Heath's Ballast-shoar should be built The Commissioners aforesaid put in the third Petition not doubting but that by such new matter they should prevent the building of the said Shoar Ordered by the King and Council the 27 Feb. 1632. That Sir Heath's Ballast-shoar Wharf or Key a building shall be built go forward and be quite finished See ch 13. A 19 A 20 G 34 A. B CHAP. XIX THe Mayor and Burgesses exhibited another great complaint to the King and Council wherein nine severall absurdities appeared by Capt. Crosier and especially against Sir Rob. Heaths shoar c. At the Court at Greenwich the 1. of June 1634. King Charls Lord Arch. Bish Canterbury Lord Keeper Lord Arch Bishop of York Lord Treasurer Lord Privy-Seal Lord Duke of Lenox Lord Marquis Hambleton Lord Chamberlain Earl of Dorset Earl of Bridgewater Lord Vi. Wimbleton Lord Newbrough Mr. Treasurer Mr. Comptroler Mr. Vice-Chamberlain Mr. Secretary Winwood Mr. Secretary Cook Upon consideration this day had at the Board his Majesty being present in Council of a complaint made by the Mayor and Burgesses of Newcastle against the Ballast-shoars lately built by the said Sir Robert Heath at Shields upon the River of Tyne pretending the same to be a great prejudice of the shipping and Navigation and to the annoyance and damage of the said River the care consideration thereof was by his Majesty especially intrusted unto them E and upon hearing the allegation on both sides with their learned Council in the Law it was thought fit and ordered that the said Shoar should be finished and backed with Ballast to make it fit for the Salt Works which for his Majesties Service are begun and intended to be performed G In the first place that the Sea-men should have liberty freely to cast their Ballast there H without interruption if they find convenient none being compelled to it or hindred from it That neither those of the Town of Newcastle nor free Hoast-men I which sel all Coals do hinder the same indirectly by denying or unnecessary denying to carry down coals in Keels or Lighters to the ships which shall cast their Ballast at that Shoar to the end this shoar which may be for the safety and incouragement of Navigation and Shiping may be so used as the same may neither be prejudiciall to the Town in diverting or withdrawing of Trade nor to his Majesty in his Customs or Duty nor hurtful to the said River His Majesty will refer the ordering hereof to himself as wel in the particulars aforesaid as in all other things thereunto appertaining in such sort as both the Town and Seamen shall find his Majesties Regall care over them Sic subscripsit Ex. Majest See 12 Chap. 3. 18. D. F 23 A 42. E It is conceived Orders are no Laws and the latter Order which contradicts the former voids it So by this of King Charls voids King James's for the power of the River in Chap. 12. I CHAP. XX. Jarrow Slike c. A ON the 4th of December 1634. certain Lands and Wasts were discovered to the late Kings Commissioners at the Commissionhouse in Fleetstreet as belonging to the Crown concealed especially a parcel of Land or Waste in the River of Tyne called Jarrow Slike at South-Shields in the County of Durham which the water at a full Sea covers every Tyde and is by estimation 300 Acres a fit and convenient place for ships to cast Ballast at for many years to come without any prejudice to the River and great furtherance of Trade See Chap. 56. Chap. 34. A. B The Mayor and Burgesses of Newcastle hearing thereof put in their Claim to the said Commissioners and alleadged that all that ground belonged to them with all other grounds to a low-water mark from the full Sea mark on both sides the River from a place called Sparhawke in the Sea to Headwin-streams which is seven miles above Newcastle being fourteen miles in length granted to them and their Heirs for ever from King John by Charter and confirmed by his Successors and therefore beseeched time to make it so appear There being no such thing granted could never make it appear Along time was given them but nothing appeared as truth of any such Grant and two years after upon the first day of July 1637. they instead of wearying out the Commissioners and Gentlemen that discovered the same was called to make good their claim then they became Petitioners to the Kings Commissioners that they would be pleased to sell that parcel of wast ground called Jarrow-slike to them and to admit them to purchase the same for which they would give two hundred pounds by reason it lay more convenient for them then any else but they would give no more money for it See chap. 18. A. B See chap. 2. Upon which one Mr. Thomas Talbot and Mr. Richard Allen of London gave four hundred pound and got it The King upon the 27 of November 1637. by his Letters Pattents under the Great Seal of England confirmed the same Jarrow-slike and waste ground upon the said Talbot and Allen and their Heirs for ever they paying in to the Exchequor five pound per annum as a Fee-farm Rent which said ground is in contest between the said Gentlemen and Sir Henry Vane If this ground to a full Sea-Mark were really the Corporation of Newcastles it would have so appeared in the Charter granted by King John and also they then might have made good their claim and not to have become Petitioners to purchase the thing which was their own before even as they do in this so in other things Also if all ground be theirs from a full Sea-mark why were they Tenants to the late Dean and Chapters of Durham of certain ballast shores built to the low water-mark on which all ballast is cast And if all ground were Newcastles from a full Sea-mark why should Mr. Bonner c. buy the Lady Gibs ground and build a Ballast-shoar to a low water-mark and wrong the Town of their right And why should not Gates-head and both the shields which are built to a low water-mark pay Newcastle rent c. See Chap. 18. B 34. A. B. CHAP. XXI A KIng Charles in August in the 13. year of his Reign created a new Corporation of free Hoast-men in Newcastle called in English Coale-Engrossers and grants a Lease to Sir Tho. Tempest Knight with others for the selling of all Coals exported out of the River of Tyne and to receive eleven shillings and four pence per Chaldron Custome and twelve shillings from all strangers which shall be transported over Sea and to have two pence per Chaldron towards their charge and power to seize of all Coals sold by the Owners of such Coals sold In
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
times of distresse and necessity H And of what able Sea-men they shall think fit for Pilots I And have hereby liberty to buy or take in at any place of the said Port of River Bread and Beer and other necessaries for their own spending and victualling K And that all Goods and Provisions which come in by Sea for the use of the Salt-works Colleries and other buildings at or near the Shields may be delivered at the Shields course being taken for paying and satisfying all duties payable for the said goods and provisions L And all persons who are willing are hereby encouraged and have liberty to build ships and vessels on the said River for the encrease of Trade and Navigation M And that all this be done without any Fine Imprisonment Confiscation or other molestation of any person vessell or goods for or in reference to any of the Princes any Law Usage Practice Custome Priviledge Grant Charter or other pretence whatsoever to the contrary notwithstanding Provided alwayes N And it is hereby Enacted that no Ship or Vessell whatsoever that shall bring in any kind of Merchandize or Grain for the proper use of the Town of Newcastle usually coming to the said Town of Newcastle and places adjacent beyond shall deliver or land the same or any part thereof at any other place within the said Harbour or Port but at the said Town or as near to it as formerly have been accustomed O And to the end so useful a Commodity at that of Sea-Coal wherein the poor of this Commonwealth are so principally concerned may come cheaper to the Market and that Coal-owners may not be in a worse condition then the rest of the free people of this Nation Be it Enacted and Ordained That the said Coal-owners in the respective Counties adjacent to that River may and have hereby liberty to let Leases of their Coal-pits and to sell their Coals to whom they please as well to ships as else-where for benefit of the publick though they be not free of that Corporation of Newcastle due course being taken for securing paying and satisfying to the State all duties payable thereupon And be it further Enacted That North-Shields in the County of Northumberland be made a Market-Town two dayes in the week to be holden or Munday and Thursday for the relief of the Country the Garrison of Tynmouth Castle the great confluence of people and fleets of ships and that the Commissioners of the Great Seal be hereby Authorized to issue out such powers as are requisite and usually done to other Markets in the Commonwealth This is the Copy of what was to have passed after debate if the late Parliament had continued c. appointed to be drawn up by Order Having given a short Relation of the sad Events by Charters and acted by subjects I shall now trouble your eye and ear to her what Kings have done to these poor Northern people formerly Therefore now deliverance is expected c. leaving it to the judgement of the Reader to judge whether it be not time c. viz. The Danes laid claim to the Crown of England the Kings laid claim to the peoples Lives and Corporations to their estates what was free Judge what reason England hath to submit to those Illegal Charter-laws invented by a Prerogative whose usurpation was not to be owned as by the sequell appears King Harrold who assumed the Crown of England to himself lead an Army to battell in Sussex where William the Conqueror Bastard Earl of Normandy met him having the assistance of the Earl of Flanders by reason he was promised a good part of England if he Conquered it at which place King Harrold was killed and sixty seven thousand nine hundred seventy four English-men In the year 1060. at which time he consumed many Towns subduing where ever he came except Kent who contracted to hold their land in Gavel-kind all England else being over-come by this said Stranger c. When the Normans ruled England the Laws were in that Tongue but they being extinguished we find the benefit of our Laws in our own Tongue and doubts not but to be restored to our ancient right for so long as Monarchs were Rulers Monopolies were in force but now such power being thrown out of doors and being become a Civill free State under the Government of our own Free-born Chosen according to the Command of God as Deut. 17. 14 15. by which Monopolizers dare not assume to petition for a revival of such their Illegal grants being found to be the greatest of evills in a Commonwealth All Kings were sworn that Justice should neither be bought nor sold nor any hindred from it to ordain good Laws and withstand all Rapines and false Judgements Charters are no other than Commissions Impowring persons uncapable of the Laws to be Judges and Justices in every respective Corporation which Charter and Commission is sold and the members thereof are Judges in their own causes So Justice is both bought and sold besides breach of Oath neither can a Foreigner obtain any right if it be against the said Corporation so that it is right in these Judges judgement to do wrong I shall give you a short Relation of the Miseries the County of Northumberland hath tasted of to this day from William the Conqueror and what little need there is Newcastle should so Tyrannize over them c. WIlliam the Conqueror having killed many and destroyed the land and brought under his subjection the people caused such who did oppose his forces at Ely to have their legs and hands cut off and their eyes put out and then gave liberally to all his Norman race Earldoms Baronies Bishopricks Honours Mannors Dignities and Farms all being got by the sword Upon his Divisions c. the Earle of Flanders sent to know what part he should have for assisting him who sent him word nothing at all by reason all was but little enough for himself Then he gave to his Son Robert Cuming the Earldome of Northumberland who in possessing of it acted such cruelty with his Army which came against Malcolm King of the Scots The said Robert built the Castle called the Newcastle upon the River of Tyne in the County of Northumberland about which was built the Town called Newcastle the Town taking its name from the Newcastle and not the Castle from the Town the said Northumberland being so oppressed that they fell upon Robert Son to the Conqueror killed him and his whole Army Upon which William the Conqueror sent another Army who had command to kill both men women and children who did it and wasted the whole County that for nine yeers there was not any food to be got And such who had hid themselves in Coal-pits and other places were constrained to eat Dogs and Cats dead Horses and mens flesh and many of them starved to death all which nine years time not any ground tilled Northumberland being recruted and most shamefully abused by the
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
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
which they would if occasion served willingly receive Nay they do not onely deny to do those favors themselves which not onely by the Law of Christian Charity but even by the Dictate of Nature and common Humanity they are bound to perform but they binder and deter those that would do them and violently prosecute fine and imprison those who have releived them and without their present help had ship-wracked in the very Haven and perished under the expectation of a delayed assistance I shall not accuse all Incorporations as established Monopolies but certainly the Corporation of Newcastle as it is managed by those men is of all Monopolies the most oppressive and consequently the most odiâ—us Monopolie rendred so by those injurious destructive illegal privileges which against all Law of God and man they have made and indulged to themselves and accordingly are rigorously practised by them But that their monstrous practices may more clearly appear to all the world what hath been scattered and divided by necessary interweaving of Proofs and Depositions Statutes and Laws and other Supplements I shall here contract into a narrow compass and present them Brevi quasi Tabellâ unto the view of the world Their Tyranny and Oppression may be reduced to these heads First False Imprisonments without any tryal of Law or offence committed pag. 72. 89. 58. 76. 84. 87. 93. 85. 103. 59. 81. 106. 90. When the Chief Priest and Elders of the Jews desired Festus on their Information barely to pass sentence upon St. Paul though a Heathen Judge he returns them this answer It is not the manner of the Romans to deliver any man to die before that he which is accused have the accusers face to face and have licence to answer for himself Act. 25. 16. On the unjustice and unreasonableness of this course doth Nicodemus oppose the Chief Priests and Phariseeâ— in the behalf of Christ Doth our Law saith he judge any man before it hear him and know what he hath done John 7. 51. p. 163. G. This way of proceeding in Judicatory is most repugnant both to the Law of Nature as you see in the Romans Law and also to the Law of God which positively determines One witness shall not rise up against a man for any iniquity or any sin that he sinneth At the mouth of two or three witnesses shall the matter be established Deut. 19. 15. And if God would not have any man to be condemned in any Judicatory by the testimony of one witness but by the joynt attestation of two or three at least as is evident by this Text of Scripture and by many concurrent places of divine Writ as Numb 35. 30. Deut. 17. 6. Mat. 18. 16. John 8. 17. Heb. 10. 28. 2 Cor. 13. 1. How much less would God approve of such tyrannical proceedings to condemn a man without any witness at all or ever permitting the person accused to take up an Apology or just defence for himself Secondly Forcing men to swear against themselves pag. 60. 72. 86. 87. 88. 91. 92. 103. How highly were the hearts of this Nation inflamed what indignation did they conceive against the practices both of the Star Chamber and High Commission heretofore pag. 87. as laying an unsupportable yoak upon the necks of the people by the tender of the Oath ex Officio Hath all the Nation freed themselves from this bondage by a good Law so that elsewhere no man is compelled to testifie against himselfe or where other witnesses fail inforced to accuse himself And must they onely that come under the Jurisdiction of the Magistrates of Newcastle remain inslaved under the same bondage Is this Tyranny lawful at Newcastle that is exploded and cast off every where else Nay that which infinitely heightens their oppression and wickedness is this That those Reasons which were alleged to justifie this practice pag. 188 88. 87. 86. 103. both in the Star Chamber and High Commission have no place of pretension here There the zeal of Justice to let no sin go unpunished and the Glory of God in the sinners Confession and accusing of himself as Joshua abjured Achan My Son give I pray thee glory to the Lord God of Israel and make confession unto him and tell me now what thou hast done hide it not from me Josh 7. 19. was alleged as an instance to justifie their proceedings where otherwise the Offender could not be discovered either by evidence of the Fact or testimony of witnesses But here by an Oath they compel men to reveal the secrets of their hearts to rise up in Judgement against themselves for no other end but by their own confession to make them guilty and then invade their fortunes First They make themselves Masters of their Consciences pag. 86. 107. 99. And by that make themselves Masters of their Estates Covetousness and not zeal of Justice or Gods Glory is the principle from whence they act Thirdly Imposing Fines Arbitrarily p. 23. â— 31. R 44. 60. 84. 87. 90. 91. 93. 117. 24. 109. 110 92. 16. and then no wonder if they be excessive exceeding both the Merrit of the crime pretended or the ability of the Offender How great a temptation is it to Justice to be severe and ridged in its sentence when the punishment of the Offendor is the inriching of them that passe the sentence nay the Judges themselves are the grand Offenders and goe unpunished p. 77. 78. 79 and so it is here at Newcastle p. 81. Q p. 91. C p. 90. H p. 103. D p. 110. One reason that induced some sages of the Law to affirme that the latter Kings of England had evested themselves of their power to sit Personally in their Courts of Justice and deligated it to and invested the Judges of the respective Benches therewith was because in Imposing of Fines the King was both a Judge and party interested not only as the fountain of Justice to be administred unto the people but as the person into whose exchequers and treasury the laws of England paid their Fines But the Magistrates of Newcastle injoy those privileges which were thought unbeseeming the Kings of England They are both Judges and Parties They estimate the offence and receive the fine and then how frequently covetousnesse and self-interest sit on the Bench in the place of Justice p. 35. the world may easily Judge as appeares in the case of Lewis Frost and unjust Judge Bonner hee having two pence halfpenny of all ballast and the other Catchpole Bonner to arrest the refusers Fourthly Obstructing all indeavours for grant of a Market at North-sheilds six miles from Newcastle and in another County and 12 miles from any other Market in the same County and then robbing people of their commodities in their own markets and seizing on goods carried through their Town alledging Forraigne bought and Forraigne sold Markets were for conveniences and not for ingrossing all provisions and peoples lives p. 87. Fifthly For imprisoning poor Artificers
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