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
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
safety for ships See chap. 19. H * E It is also answered by others if the ground to a full Sea-mark be theirs then why should they proffer to King Charles * two hundred pound for Jarrow-slike 1637. All which the water covers and is within a full Sea-mark See 20. chap. C. D. F Also why should Thomas Bonner the Alderman buy Sir Henry Gibs his Ballast-shoar to a low water-mark at Jarrow for his use from the Town were it theirs before G And why should Mr. Gibson * swear none of that ground which they claim to a full Sea-mark is theirs See 34. chap. B. H In the Treasury at Westminister those ancient Records will quickly decide the controversie making it appear that the one third part of the River on the South-side belongs to the Gentry of the Country of Durham and all grounds to a low water-mark and the like on the North-side to the Gentry of Northumberland and the other third part free for ships and vessels to sail too and fro for the relief of the Inhabitants See Chap. 34. A * B See Chap. 4. * I It is too much that the Corporation should be Lords of both the Sea and all the Land And it is too little the Commoners in both Counties should have neither Sea nor Land being born to all alike A quo Warranto would know by what power they claim one shilling for every Ballast Bill one shilling for every Salt Bill three pence for every Chalder of Coals two pence for every weigh of Salt and eight pence the Tun for all Ballast and I am confidently perswaded K would void them all for they are neither customary nor warrantable by Law so unlawful as for other duties as Tunage and Poundage Customes Lightage otherwise called Beaconage Boyage for maintaining of Peers and Ancoridge with Tole it will hardly be questioned except abused let them complain that are agrieved c. See Stat. 30. Edw. 1. 1301. Instead of a Mayor in that and such like Corporations a King Cattelus spirit to govern were better who hanged up all oppressors of the poor for an example whereby he reigned twenty yeers in peace Also a Lud who made good Laws and took away all usages that were bad and reigned long in peace and plenty CHAP. LIV. His Excellencie O liuer Cromwell Generall of all the Forces of England Scotland Ireland Chancelour of the Vniversity of Oxford Lord Protector of England Scotland and Ireland RG fecit Peter Stent Exâ— 1653. An Act for a Free-Trade in the River of Tyne for Coals Salt c. A WHereas Trade and Commerce is become now more than formerly the interest of this Nation And it is therefore the duty as well as the wisdome of this Parliament to secure and advance the same And in order thereunto and for other great ends of Honour and Safety to increase the Shipping and incourage Navigation And And whereas a great part of the Stock and wealth of this Nation lyes in the well husbanding and managing of those home Commodities of Coals and Salt Milstones Glasse the chief trade whereof is exercised upon the River of Tyne And in the County of Northumberland and Durham B And whereas the Parliament hath been informed of great exorbitances done and committed by the Town and Corporation of Newcastle upon pretence and colour of Powers Priviledges and Franchises granted to the said Corporation whereby it appears C That the free and quick trade of those Staple Commodities hath been much obstructed the River made dangerous and in many places almost Un-navigable and encrease of shipping so considerable a Nurcery of Martiners greatly ruined and Navigation too much discouraged for remedy herein D Be it Enacted Declared and Ordained by this present Parliament and by the Authority thereof That all former Powers Priviledges and Grants made and granted to the Town and Corporation of Newcastle or to any other person or persons whatsoever for the conservancy of the River of Tyne be and are hereby repealed made void and null and the Committee of the Admiralty by Authority of Parliament or any five of them be and are hereby Authorized and required to nominate and appoint fit and able persons as well of the Counties of Northumberland and Durham Seacoast and Port of London as of the Town and Corporation of Newcastle to have the charge of and to be Conservators of the River of Tyne and to invest and impower the said persons with all priviledges and power necessary to enable them for the better and more effectual carrying on and performance of the said service E And the said Commissioners are hereby further Impowred and Enable from time to time to give and prescribe unto the said Conservators Rules and Instructions for to observe and pursue and to require obedience thereunto and to receive and examine complaints and to hear Witnesses upon Oath which Oath they the Commissioners or any three of them are hereby enabled to administer and to punish offenders by reasonable fine and punishment by imprisonment and to displace and to remove Conservators upon just and reasonable cause and to lessen or adde to their number as they shall see cause and to direct and order all other matters requisite and necessary for the conservancy of so famous and commodious a River and for preventing of all such damages mischiefs and newsances as may hurt or ruine the same and to settle a stipend upon the said Conservators and to direct the same and other necessaries and incident charges to be allowed and issue out of the profits of the said River F And be it further Enacted and Ordained that sufficient and well fenced Ballast shoars Keys and Steaths be built and erected either at Shields or such other convenient place as the said Conservators or the major part of them shall think fitting And the said Conservators are Authorized and required to use and direct all good wayes and means according to such powers and directions as they shall from time to time receive from the said Commissioners of the Admiralty to prevent and remedy all damages that may happen by losse of ships and mens lives at Sea by casting their Ballast over-board or into the River at unseasonable times or unfitting places or from the Ballast-shoars being carelesly kept through great winds rains or other casualties washing down the Ballast and that from henceforth no Masters of any ships or other vessels be constrained to go up the River and to heave out their Ballast at the shoars belonging to the Town of Newcastle or be hindred to load Coals or discharge their Ballast where they may with most conveniency and safety perform it as well to the Road-steads it self as to their shipping G And further that all Masters of ships trading to the said River of Tyne have hereby liberty and power to make use within the said River of what Ship-Carpenter or Ship-Wright or other Artificers or persons they please and find fittest for their own conveniency in
Controlers do imbezel the Kings Customes the Merchants be greatly hindred because that the Warrants might plainly shew and declare their due custome when they be often and unduly impeached in the Kings Exchequor in consideration of the said deceits it was Enacted that the said Customers and Controlers shall write and deliver sufficient Warrants sealed with the Seal of their Office to that end ordained to the said Merchants not anything to begiven for the same but their due Custome And that in case any Customer or Controler do the contrary then the Merchant may have an action by vertue of this Ordinance to pursue every Customer or Controler that doth the contrary in every Court of Record and being thereof attainted shall forfeit to the King for every default ten pounds and to the Merchant grieved that sueth five pound 11. Hen. 6. 15. See Chap. 45. E. The great danger occasioned by small Riots B In the 37. year of his Reign began such Riots Routs and unlawful Assemblies that it produced a worse effect then in King Richard the seconds daye◠which was occasioned between a Yeoman of the Guard and a Serving-man of the Earle of Warwick which so far increased not being timely prevented that it proved the root of many a woful Tragedy brought to death the Duke of York who was proclaimed Successor to the Crown the King Prince Edward his Son all or most of the Peers of the land destroyed by sidings and at least six and thirty thousand of the common people cut off at one battel at Toughton in Yorkshire the King Queen and Prince put to flight to Barwick See Richard the second what was done See Chapter 37. A. 3. Hen. 6. See Rich. 2. E. Sheriffs Fees none of his Officers shall be returned upon Inquests letting to Bayl c. C Stat. 23. Hen. the sixth Chapter 10. The King considering the great-Perjury Extortion and Oppression which be and have been in his Realm by his Sheriffes Under-Sheriffs and their Clerks Coroners Stewards of Franchizes Bayliffs and keepers of prisons and other Officers in divers Counties of this Realm have ordained by the Authority aforesaid in eschewing of all such Perjury Extortion and Oppression and that because the Sheriffe of every County is a great and necessary Officer in the Commonwealth and used as a special instrument to the furtherance of Justice in all Suits pursued at the Common-Law and his service is imployed in the beginning prosecuting and ending of the most of them therefore as the Law hath alwayes had a special regard of him and foreseen that he shall be a man of wisdome of worth of credit countenance and ability this is not William Fenwick of North-Riding in Northumberland for he derogates from them all and that he shall be allowed a convenient stipend and sallary for his pains in most cases so doth she carry a vigilent and watchful eye upon him and his inferiour Officers or Substitutes knowing what grievous Oppressions might ensue if she should leave a man of his Authority and necessary imployment at liberty to dive at his pleasure into other mens purse and to take what he would as William Fenwick doth therefore she hath restrained him his Under-Sheriff Bayliffe of Franchizes and other Bayliffes most of which are forsworn within certain Lists and assigned them what they shall take for Arrests Attachments Mainprizes letting to Bail and serving of Executions which if any of them do exceed he shall forfeit forty pound a time and shall be adjudged an extortioner in which said Statute it is Enacted that no Sheriffe Under-Sheriffe or any Bayliffe by occasion or under colour of his Office shall take any other thing by themselves or any other person to their use or to their profit of any person by any of them Arrested or Attached nor of any other for them for the omitting of any Arrest or Attachment to be made by their bodies or of any person by any of them by force or colour of their Office Arrested or Attached for Fine Fee Mainprize letting to Bail or for shewing any ease or favour to any such person so Arrested for their reward or profit but such as follows the Sheriffe twenty pence the Bayliffe which maketh the ☜ Arrest or Attachment four pence the Gaoler if the prisoner be committed to his Ward four pence for making of a Return or Paniel and for the copy of a Paniel four pence no Bond to be made by them under colour of their Office but onely to themselves for the appearance of any prisoner at the day prescribed and what Bond is otherwise is void and he shall take no more for making such Obligation Warrant or Precept by him to be made but four pence And all Sheriffes Under-Sheriffes Clerks Bayliffes Gaolers Coroners Stewards Bayliffes of Franchizes or any other Officer or Ministers which doth contrary to the aforesaid Ordinances in any point of the same shall lose to the party in this behalf endamaged or grieved his treble damages and shall forfeit forty pounds at every time that any do the contrary in any point of the same whereof the King shall have the one half to be imployed only to the use of his house and the other to the party that will sue for the same by Bill Plaint c. I shall lay open the excessive Fees extorted by the Sheriffs of Northumberland against the Law viz. Return a tales 6 s. For allowance of a pony 9 s. 2 d. For allowance of a Writ false judgement 16 s. 6 d. Upon Execution granting out 15 s. And all upon the Defendant after Execution 1 l. 11 s. 6 d. For breaking open an original Proces 2 s. 6 d. For the Warrant thereof 6 d. Bayliffs for the Arrest from the Plaintiff 1 s. From the party Arrested 1 s. 8 d. To file Bayl above and taking the Declaration 8 s. This is costly Law This Justice is both bought and sold c. A Bill of Indictment before a Judge would reduce these c. The Form of an Indictment for Sheriffs D London ss The Juros for the Lord Protector of the Commonwealth of England Scotland and Ireland c. Upon their Oaths do present That John Butler of London Sheriffe the 20. day of August in the year of our Lord God 1652. being then Sheriffe and Keeper of the Prison of the Newgate in London the day and year aforesaid did by force or colour of his said Office as Sheriffe and Keeper of the said Prison unlawfully and extortionously exact and take of one John Cuthberton then and there being arrested and imprisoned in the said Prison under the custody of the said Sheriff at the Suit of John Roe the sum of six shillings and eight pence for the Fee of the said Sheriffe and Keeper for the custody of the said John in the said Prison from the 20. day of the Month of May in the year aforesaid untill the 20. day of August then next following to the great damage of the
your bounden Grace with the assent of your Lords spiritual and temporal and the Commons in Parlament to enact ordain and establish that from henceforth any Merchant or Merchants or any other person or persons shall not ship load or unload any Merchandize or other Wares of Goods to be sold here between the said place called Sparhawke and Headwin streams being fourteen miles in length but onely at Newcastle upon pain of forfeiture of all such Goods and Wares and Merchandizes to the King And for the Mayor and Burgesses to pull down all Weires Goares and Engins which was granted by the said Statute provided alwaies this Act be not prejudicial to any person or persons being the Kings Subjects for building shipping loading or unloading any Salt or Fish within the said River and Port or to any of them or to any other persons repairing to the said Port with ships and Merchandizes for selling or buying of any Merchandizes or Wares needful for victualing and amending of the said ships * at the time of their being in the said Port this Act or any thing comprised in the same notwithstanding See ch 50. C A Table of Fees for Customs Toles c. in Towns B Stat. 22. Hen. 8. ch 8. Be it Enacted that every City Borough and Town Corporate their Officer shall set up or cause a Table in open place of and for the certainty of all such and every duty of every such Custom Tole and duty or sum of money of such Wares and Merchandizes to be demanded or required as above rehearsed shall and may plainly appear to be declared to the intent that nothing be exacted otherwise than in old time hath been used and accustomed upon pain of each City five pound and every Corporation forty shillings for every month that the said Table shall fail to be set up the moyety to the King and the other to the party that wil sue for the same by Writ Bil Plaint or Information in which the Defendant shall have no assoyn Wager of Law nor protection of Law allowed See chap. 44. E A Commission of Sewers c. C Stat. 23. Hen. 8. chap. 5. The King considering the absolute necessity of granting a general Act for Commissioners of Sewers to be directed in all parts of his Realm for the advancing of the Commonwealth and commodity of this his Realm And likewise considering the daily great damages and losses which have happened in many parts of the Nation in the decay and spoil of Rivers to the inestimable damages of the Commonwealth which do daily increase for remedy whereof it is enacted that there be Commissioners of Suers and other premises directed in all parts from time to time where and when need shall require to such substantial and indifferent persons as shall be named by the Lord Chancellor and Lord Treasurer of England and the two Chief Justices for the time being or by three of them whereof the Lord Chancellor to be one The Commissioners to be residing in the respective Countie where the Commission is directed which said Commissioners will preserve the said River having power given them to constitute and ordain Laws Ordinances and Decrees and to repeal reform and amend as need shall require any defects Also to pull down any Newsances incroachments or the like erected in the said Rivers and to cause buildings of Wharfs for the good of the same and power to Rate and Tax any person whatsoever towards the charge for the good of the said Rivers or having spoyled the same to seize his or their Lands Tenements Goods and Chattels for the said Taxes and to dispose of the same by Sail Lease or otherwise six Commissioners being present and every Commissioner is to have four shillings a day when they â—it and the Clerk two shillings a day out of the Taxes I refer the rest of this power to the relation of these Statutes following 3. Edward 6. 9. 13. Eliz. 9. See 34. Chap. C 35. A. B. An Attaint against a Jury D Stat. 23. Hen. 8. Chap. 3. The Law having first used all good devices to cause Sheriffs Under-Sheriffs Bayliffs of Liberties Coroners and all others authorized to return and impannel Juries to be indifferent and to return the said Jurors and Juries without all partiallity and that they shall be no Furtherers Maintainers nor Assisters to perjury subordination or embracery and also having provided that all those Jurors which be so returned upon Inquests and to try Inquests and to try Issues between party and party may again one by one be sifted tryed and examined whether they standing unsworn be indifferent or not she doth then expect from those Jurors veridictum a true Tale that is to say a true Verdict or Presentment of such things as be given them in charge according to their evidence but if the same Jurors will decline from truth and make a false presentment contrary to their evidence * then it is not to be tearmed veredictum but perjurium and it will be returned to them as maledictum for by the Common-Law they being Attainted by the Verdict of four and twenty other Jurors shall receive a cursed and villanous judgement therefore viz. The said Jurors shall lose the freedom of the Law their Wives and Children shall be thrust out of their houses their houses shall be pulled down to the ground their Orchards and Gardens shall be subplanted their Trees shall be digged up by the roots their Meadows shall be eyred up all their Goods and Chattels which they have at the time of the Attaint brought or at any time after shall be forfeited to the King the King shall have all the profit of their forfeited lands during their lives and they shall be committed to perpetuall prison which judgement was devised and many years put in execution to the intent it might be known how much the Common-Law did detest and punish wilfull perjury and falshood in those who she trusted in place of justice and from whom she accounted to receive truth See Poulton Perjury 16 See Chap. 58. B. C. D. Stat. 23. Hen. 6. 10. D. To prevent spoyl in Rivers by Ballast C Stat. 34. Hen. 8. 9. The King for the good and preservation of Rivers Enacted that what person or persons do cast or unlade any Ballast Rubbish Gravel or other wreck out of any Ship Crayer or other Vessels being within any Haven-road Channel or River to any Port Town or other City or Borough within this Realm but onely upon the land above the full Sea-mark upon pain of forfitude of five pound a time the one half to the King the other to the party discovering that will sue for the same by Bill Plaint or otherwise no wager of Law admitted or any Essoyn or protection allowed This is a legal course but Newcastle acts not hereby as you may see in Chap. 34. C 35. A. B. 12. Chap. 6. 14. B. King Edward the First Sheriffes punished for refusing Bail A STat. 3. Ed. 1.