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

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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 Ex● 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
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 ●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 ●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 ●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 ● 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 ●endred to the said King and his Heirs at his Exchequer to wit at the Feast of Ea●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
the Council for a● 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 Mu●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 ex●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
Carpenters being ready saved her Mr. John Willy in the like condition Cap. George Phillips was fourteen dayes in getting up and down to Shields by which means much damage is done to their ships and losse of several Voyages and Trade is obstructed Capt. George Phillips Mr. Hesilwood Mr. Cason Mr. Mors Mr. Yaxly and Mr. Willey Prove the like D Mr. Keeble Master of a ship proves that himself with many other Masters of ships namely Mr. Wright c. have made twelve Voyages in the year when they cast Ballast at Shields within these twenty yeers and doubts not but by Gods blessing to make as many again if the ships be allowed to cast Ballast there which may be done without hurt to the River and more safety to ships and a great revenew to the publick Whereas now being compelled up to Newcastle shoars which hath spoyled the River they cannot make above four five or six Voyages in the year at most which is many thousand pounds per annum losse to the State in Custome Keeble E Henry Robinson upon his Oath said That being compelled by the Mayor and Burgesses up the River to their Ballast-shoars his ship set upon a Sand and broke her K●elson to his great damage and losse of Voyage And that Mr. Cason his ship set upon the point of the Bill and overset which cost him two hundred and forty pound the recovering of her again besides the losse of Voyage Thomas Gosnal proves the like CHAP. XXXIII A THomas Cliffe upon his Oath said That in April 1646 Arthur Lyme Master of a ship being in the River of Tyne his ship in great distresse and danger of sinking obtained the present help of three ship Carpenters which were ready at hand to save his ship from sinking And because they were not Free-men the Mayor and Burgesses of Newcastle sent down several Carpenters belonging to Newcastle to force them from work and carried them away to Prison with the said Master for setting them on work no Tryall at Law was had or other offence committed Tho. Cliffe CHAP. XXXIV A Bigs upon his Oath said That all the ground * on both sides of the River of Tyne to a full Sea-mark is the right of the Town of Newcastle and belongs onely to the Mayor and Burgesses all the way from Sparhawk to Headwin streams And that he knoweth the same by reason he hath seen often the Water-Sergeant of Newcastle by name Charles Mitford Arrest men both Masters and others This Deposition was taken in behalf of Newcastle at Gates-head in Jan. 1649. in the suit between the Town and Cliffe and remains in the Exchequer Bigs Some calls this also Perjury but it is left to the judgement of the Reader in reading the next Deposition See Chap. 18. D. F. Stat. 5. Eliz. 9. * B William Gibson of Newcastle Merchant in Jan. 1649. at Gates-head upon his Oath said That the ground on both sides of the River of Tyne from Sparhawk to Headwin streams from a low water-mark was not belonging to the Town nor Mayor and Burgesses of Newcastle but to the respective Owners in each County adjoyning on the River And that he knew the same by reason of former Trials and so adjudged And that the Town had only the Arresting upon the water but not upon the land See Chap. 20. William Gibson C Thomas Horth of London Merchant upon his Oath said That he had known the River of Tyne above five and twenty yeers And that by reason of the Mayor and Burgesses of Newcastle compelling all ships with Ballast to sail up the River seven miles to unload their Ballast and out of Keels upon their own shoars by Ballast and other rubbish falling in hath spoyled three parts of the River * whereas within this twenty yeers twenty ships of the burden of two hundred Tuns a peece could have rid a float in most Road-steads in that River ‖ And now not above four or five at a low water-mark by reason they have so little ground that it is so over full and hilly with the Ballast that the Winds and Rains every time doth wash and blow great quantities off into the River And that in one night the shoar called the Bill-ballast Key brake down and at least three thousand Tun of Ballast sand Gravel and stones fell down into the River * and they never knew any taken up * neither will the Mayor and Burgesses suffer the Owners of grounds adjoyning to the River to a low water mark to build any Wharfs Keyes or Ballast-shoars though more convenient then any are and would serve for many years without any prejudice to the River to unlade all Ballast at neither will they the said Owners sell their grounds to the said Magistrates to be inslaved by which means the River is spoyled See Stat. 34. Hen. 8 9. * 30. Ed. 1. ‖ See Chap. 12. 6 14. B. Thomas Horth George Philips and Tho. Hasilwood proves the like CHAP. XXXV A GEorge Philips Captain Master of a ship of London upon his Oath said That the Mayor and Burgesses of Newcastle is the cause of hindring a Trade for Coals Salt c. the greatest part of the Winter season to the great impoverishing of the two Counties Northumberland and Durbam out of which all Coals Salt c. comes none being to be had nor ever was in Newcastle by reason the foresaid Mayor and Burgesses having the pre-emption and will not let the right Inheritors sell their own Coals to any Ships B Nor suffer any of the Owners to build Ballast-shoars upon their own land except they wil sel it them Many of which places neer unto the Shields is far more convenient then any of those unlawful shoars belonging to themselves at or neer Newcastle in the highest part of the River which hath so much spoyled the said River especially a place called the Pace-sand that it is the spoyl of many ships in sayling up and down to cast out Ballast and to take in Coals C That it must be a good neap Tyde that there is above ten foot and a half at high water And most ships draw twelve foot Also where there hath lately been ten foot at low water in a place called the Bill there is not now above eight foot occasioned by the Sand and Ballast falling off the Towns Ballast-shoars D And that the River in the Winter is often frozen below the Towns Ballast-shoars at the Bill but never lower That no ships can get up to unlade their Ballast and take in Coals Salt c. All Salt being made at Shields where the River is never frozen but all ships restrained from casting Ballast there though there be more convenient places and would serve all ships to cast their Ballast for above fourscore years without any hurt to the River or shipping F And cause them to make more Voyages in the year John Mors Walter Keeble James Shrive Thomas Hesilwood Rob. Swallow Geo. Hill John Keeble Henry Harrison And many
Thorp for her Tobacco who sent for the two Merchants and demanded the reason of their taking away the poor womans Tobacco in the open Market who produced a Warrant from the Mayor who likewise was sent for by name Mr. William Dawson the Judge demanded of him by what power he durst rob people in the Market who replyed Foreign bought and Foreign sold My Lord but command was given by the said Judge to restore the same but after departure it was not then the Judge granted a Warrant for restoring the same upon his going away and when it was shewed the Mayor he snatched it and put it up into his pocket and would not restore the said Tobacco but sleighted the said Warrant See Stat. * 3. Ed. 1. 24. ●1 Ric. 2. 7 27. Ed. 1. 5. 6. Ed. 6. 9. See chap. 49. 51. Eliz. Lumsdel CHAP. XLVIII A LEttice Hume upon her Oath said That no victual or other provisions coming in by Sea for the relief of Northumberland or County of Durham is permitted to be sold at Shields but all is compelled to Newcastle by the Magistrates and there ingrossed after three Market dayes Tuesday Saturday and Tuesday and payes double Tole * in and out pays double rates for the same and that she hath often known Boats and Provisions cast away and peoples lives in going and returning from Shields to Newcastle in stormy weather too and from the Market namely one William Re● with others in the year 1650. at the same time and before nor never any Coronor sate upon any of the dead bodies nor young Mr. Snape c. And that greater Rates are given for provisions being bought up by the Towns-men then might be had at the first hand See chap. 11. H 44. I 49. C * Stat. 3. Ed. 1 20. 23. Ed. 3. 6. * Mary Hume Lettice Hume proves the like B Mr. Richard Blewet brother to Commissary Blewet affirms that in or about the year 1649. Rye was at sixteen shillings the Bowl in Newcastle none to be got for the poor but from the Merchant who had bought it all up that the poor being in great want Sir Arthur Haslerigge caused the said Commissary to lay out a thousand pounds of the publick stock upon Rye from the first ships that came and to sell it for the relief of the poor four shillings under the Market which was done B The Merchants of Newcastle proffered to his said brother the Market price for all the corn he had bought which was sixteen shillings the Bowl when they saw the said Commissary sell for eleven shillings per Bowl to the poor and the Commissary was a great gainer at eleven shillings and paid as much as the merchant C And by reason the said Commissary did refuse some of them threatned if ten thousand pounds would break his back in suit for daring to sell Corn in their Town he not being a Free-man it should This Information I had from Mr. Blewet who will make it good upon his Oath when called and from Mr. Nich. Ogle They will neither doe good nor suffer good to be done much like the Dog in a Manger See Stat. 5. 6. Edw. 6. 14. 23. Edw. 3. 6. 2. Edw. 6. 15. 5. Eliz. 12. CHAP. XLIX A WIlliam Reavely of Lyn Master of a ship upon his Oath said That by reason of the ships not casting ballast at Shields above four if not five Voyages are lost in the year compleat B That all provisions brought in by Sea are compelled up to Newcastle and there ingrossed into the Free-mens hands people often going to Market have lost their lives and many starved to death in the two Counties which cannot get to Newcastle market in the Winter season by reason of the great storms of snows and the River frozen and no market allowed for the Countries relief at Shields where many thousand of Passengers Sea-men and Inhabitants are being twelve miles from any market in the fame County C That he this Deponent and ships company hath often been constrained to go to Sea without Bread or Beer none being to be got at Shields on a sudden and have drunk water for above five daies which hath so weakened his men that they were in great danger of their lives And that from Newcastle they often send down dead Beer and the Casks but half or three parts full from the Brewers of the said Town and bread wanting above two pence weight in the shilling and not looked after by the Magistrates D That they the said Mayor and Burgesses of Newcastle aforesaid did ruin one Mr. Johnson and Mr. Hilton for brewing at Shields for the relief of the ships And that they rooked from him this Deponent twelve barrels of beer which he brought from Lyn for the relief of the poor at Shields and made it confiscate Arrested him and cast him into prison sued him and made him enter into sixty pound bond never to bring in any more Also kept a bag of Hops which was sent to a friend in Northumberland and that he hath known them often do the like to others they being Judges Jurors and Witnesses in their own cause E That they take excessive Tole * above a peck of Corn of every Grain brought to be sold by vessels besides all other duties F That the said Magistrates force men to swear against themselves * and will not tollerate any Gentleman to build ballast-Shoars upon their own land G And that he this Deponent hath seen ballast Warrants signed by one of the Magistrates * only for Keels to carry up ballast from Shields and hath seen the Keel-men cast it into the River in the South Road to the Rivers great damages * And often dirt cast into the River by servants brought out of the Gates when no watchmen were kept See ch 39. A 12. 4 14. C 47. B 51. See Sta. 27. Ed. 1. * 51. Hen. 3. 15 * 11. Hen. 7. 4 * 5. 6. Ed. 6. 9 * 3. Ed. 1. 20 * 17. K. Char. * William Reavely G Hugh Farrow of Lyn Master of a ship upon his Oath said that he and his ships company having lyen so long at Shields for a fair wind with the fleet that when they had spent all their provisions at no time could obtain any from Shields by reason obstructed by the Magistrates And having sent up his boat and some of his men for some at Newcastle the wind came fair and on a sudden the ships all set sail to Sea So that he this Deponent must loose the protection of the fleet and hazard himself to the mercy of the Enemy or must leave his men and boat behind which the latter he did and was constrained to drink stinking water for four daies for want of Beer which might be conveniently got at Shields And he was in greater danger of loosing his ship for want of his men Hen. Farrow CHAP. L. A IO Gardener of London upon her Oath said That within this seven and twenty years or
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
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
night in any place upon pain of forfeiture of their Arms and imprisonment during the pleasure of the King all Officers whatever is required to put this Act in force See ch 37. A C 2. Edw. 3. 6. 2. Ed. 4. 5. Every Justice of peace upon his discretion may bind to the Peace or Good Behavior such as are common Barrators A common Barrator is he which is either a common moover and stirrer up or maintainer of Suits in Law in any Courts of Record or else of quarrels or parts in the Country as if any Court of Record County Court Hundred or other inferior Courts any person by fraud and malice under colour of Law shall themselves maintain or stir up others unto multiplicity of unjust and feigned Suits or Informations upon penal Laws or shall maliciously purchase a speciall Supplicavit of the Peace to force the other party to yeeld to him composition all such as are Barrators in the Countrey and these are three sorts First Disturbers of the Peace * such are either common qua●rellers or fighters in their own cause or common moovers or maintainers of quarrels and affraies between others Secondly Common takers or detainers by force or subtlety of the possessions of Houses Lands or Goods which have been in question or controversie Thirdly Inventers and Sowers of false reports where● by di●cords ariseth or may arise between Neighbors Yea if one be communis seminator litium he is a Barrator or if any man of himself be communis oppresor vicinorum a common oppressor of or wrangler with his Neighbors either by unjust or wrangling Suits or other oppressions or deceits he is a Barrator or if one Communis pacis perturbater calumniator mal● factor he is a Barrator but all such persons must be common Barrators not in one or two but in many causes See Lamb. 79. Co. 8. 36. Co. l. 338. Co. 8. 36. Cromp. 257. C● 8. 37. D Stat. 2. Edw. 3. 8. It is accorded and established that it shall not be commanded by the great Seal nor the little Seal to disturb or delay common Right and though such commandements do come the Justices shall not therefore leave to do right in any point Stat. 9. Hen. 3. 29. 5. Ed. 3. 9. 14. Edw. 3. 14. Gold and Silver prohibited c. E Stat. 9. Edw. 3. 1. No person shall carry Gold or Silver out of the Realm without the Kings license who so doth shall forfeit all such as is carrying with ship c. Stat. 5. Rich. 2. 2. Stat. 2. Hen. 6. 6. 19. Hen. 7. 5. Rates on Victuals F Sat. 23. Edw. 3. 6. The King Ordains all persons whatever which sels any kind of Victuals shall be bound to sell their victual at a reasonable rate or price having respect to the price that such Victuall be sold at in the places adjoyning so that the seller may have a moderate gain and not excessive * And if the seller do sell otherwise shall pay double back the Mayor and Bayliffs of the City Market-Towns and other corporate Towns and the ports of the Sea shall have power to enquire of all offenders in the same And to levy the said pain upon themselves for their use who sueth for the same and in case the Mayor and Bayliffs be negligent in putting in execution any of the premises and thereof be convicted before Justices assigned then the said Mayor and Bayliffs shall be compelled by the said Justices to pay the treble of the things so sold to the party damnified and also shall be grievously punished by the King 23. Edw. 3. 4. See chap. 50. A 44. E 48. A 51. A 29. A None to be condemned without his Answer c. G Stat. 28. Edw. 3. 3. The King ordains that no man of what estate or condition he be shall be put out of his Land nor Tenements nor taken nor imprisoned nor dis-inherited nor put to death without being brought to Answer by due process of Law Stat. 9. Hen. 3. 29. 5. Edw. 3. 9. 25. Ed. 3. 4. See chap. 10. X 38. C 41. A 43. D 38. A Penalty of a Mayor Sheriff and Aldermen for not redressing grievances H Stat. 28. Edw. 3. 10. Because of the Errors Defaults and Misprisions which be notoriously used in Cities Boroughs and Corporations for default of good governance of the Mayor Sheriff and Aldermen cannot be inquired nor found by people of the same Town it is Ordained and established that the said Mayor Sheriffs and Aldermen which have the Governance of the said Town or City shall cause to be redressed and corrected the Defaults Errors and Misprisions above named and the same duly punish from time to time upon a certain pain that is to say at the first default a thousand Marks to the King The second default two thousand Marks And at the third default that the Franchizes and Liberties of the said Town be taken into the Kings hand it shall be enquired of by foraign Inquests of foraign Counties namely the City of London but all other Cities Boroughs and Corporations to be tryed by forain Inquests in the same Town which may be done by the punishment of Judges thereunto assigned by Inquest or Indictment and called to answer the same out of their Town which fine is to be leavyed by Attachment and distress and by exigent if need be upon any Land or Tenements out of their Town belonging to any of them King Edward the Sixth Edward borne at Ham●o●● Court at the age of 9 yeares began his raigne the 31 of Janu●●●46 Crowned at wes●m the 2● of februa folowing he raigned 6 yeares 5 monthes died the 6 of Julie buried at westminster Murder c. A STat. 1. Edw. 6. 12. It is Murder to strike with either blunt or sharp weapon if the party dye within a year and a day and the blows given upon malice neither shall Clergy be allowed See Chap. 36. A. Victuallers and Handicrafts-men B Stat. 2. Edw. 6. 15. For as much as Artificers Handicrafts men and Labourers have made Confederacies and mutually sworn not onely that they should sell their victuals at a certain rate and not to meddle with one anothers work and finish that which others have begun but also to appoint how much work they shall do in the day and what hours and times they shall work contrary to the Laws and Statutes of this Realm and to the hurt and great impoverishment of the Kings subjects For reformation whereof the King ordains That if any Victuallers or Artificers aforesaid shall at any time combine conspire or make any Oaths that they shall not sell their victuals at certain prices or that Artificers shall not work but as abovesaid being convicted shall pay in six dayes ten pounds to the King or twenty dayes imprisonment and fed onely with bread and water if he have not sufficient to pay the said Fine For the second offence the Pillory or twenty pound And for the third offence shal forfeit forty pounds
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 b●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 R●tter with others who having forfeited their lives to Justice for killing Ann the wise of Th●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 d●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 ●iolence to the blood of his N●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
Srabbing Page 182 Survey Page 191 T Talbot Page 91 Toule Page 28. 94. 101. 103 104. 149. 153 Trades Page 21. 51. 75. 78. 112● 115. 167. 170. 173 Tyrants Law Page 70 Tye Page 72 Tickets Page 44 Taylor Page 84 104 Trinity house London Page 112 Tyn Page 94 Tobacco Page 99 Thorp Judge Page 100 Table of Fees Page 149 Tax only by Parlament Page 155 Tempest Patent Page 52 V Victuals Page 77. 105. 162. 165. 28 Voyages lost Page 74. 75. 93 94. 97. 104 Voyages gained Page 75 79. 93. 98 Usher Page 29 Usurped power pardoned Page 29 W Wall Page 9 Wreck Page 18. 19. 70. 71. 72. 159 Work-men Page 181 84 Wages Page 81. 73 Watching Page 43. 103 Willy Page 75 110 Witchfinder Page 109 Wheeler Page 107 Wyard Page 92 Warrants Page 103. 82. 97. 156 William Conquerer Page 119 Water Page 102. 103 West Page 106 Williamson Page 99 Weights and measures Page 102 Y Yaxly Page 74 Yelverton Page 55 ERRATA Page 9. A line 7. for Shelves r. streams p. 36. B l. 2. for confirmancy r. conservancy p. 75. C l. 4. for worses r. Mo●se p. 117. M l. 3. for Princes r. premises p. 197. l. 12 for evested r. divested p. 73. F l. 7. read for 6. s. 8. d. FINIS THE RIVER OF TYNE leading from the Sea on the east to Newcastle on the West beeing bounded in on both sides by the County of Northumberland on the North the County Durham on the South London printed sould by Peter Stent at the White Horse in Giltspurr Street betwix Newgate and Pye Corner A. Towne Shore B. St Ridalls Shore● C. Ballast Shore D. Bill Shore E. Pace Sand F South road Sand G North road Sand H Iarro Sand I Iarro middle around K Iarro Slike L. Dirtwi● Sand M Coble Deane N 〈◊〉 Sand O Another Balla●t Shore P Bill Sand * See chap. 49. B 11 year 1211. 13 year S 1212. ☞ 14 year 1213 15 year 16 year 17 year ☜ * It is conceived that this Le●se is void by reason the Corporation forfeite● it being garrisoned against the Parliament c. * Chap. 21. This Statute of 2 Edw 3 8 Will void this Charter by reason it is against Right Newcastles Petition * Newcastle Incorporated To purchase Lands See Stat. 15. Rich. 2. 5. To sue and be sued by one Name See Ed. 3 6. Confirms all former liberties * Making Laws See Stat. 19. Heu 7. 7. * To punish Offenders See Stat. 9. Hen. 3. 29. Commanding Obedience Sparhawk and Headwyn Streams their libert ies Entrance to the Office of High Admiralty Keeping Courts Punishment * See Stat. 28. Edw. 3. 3. Laws of England executed Fore-staling See cap. 50. A. 49 5 48. A. Officers to do their duty See cap. 36. c. D See chap. 30. B chap. 29. D. All acknowlegements Wreck c. View of dead bodies murthering drowning Wreck Coronors * See ch 48. A. 29. 49. A. To fine and qualifie See Stat. 25. Edw. 1 5. All fines for their own use is given See c. 42. A 41. A. * To have all profits and wrecks * See c. 30. A 29. D Sta. 17. Ed. 2. 11 To have all Felons goods c. See c. 53. A * Sta. 17. Ed. 2. 16. Royal Fishes Sta. 17. Ed. 2. 11 Justices of Goal delivery Gallows and to hang them Observ Choyce of the Mayor and other Officers Power to make Laws for themselves not repugnant to the Laws of England Castlemore is without the limits To punish Offenders against such Laws * See Sta. 19. Hen. 7. 7. Election of the Mayor Sheriff and other Officers at what time The Port belongs to the Castle and not to the Town Oath to Master of ships Officers for life To fine refusers of Offices The Recorder no Burgess Every Officers name From the 18. leaf to the 65 leaf concerning the Officers of Newcastle To hold Courts of Record See chap. 42. C. Conservators of the peace Chap. 37. Chap. 36. To enquire of all misdemeanors to the Law Forestallers Regrators c. * See St. 5 6. Ed. 6. 15. Reasonable Taxation of fines c. for the Towns use * See St. 25. Ed. 2. 6. Gaol-Deliveries and Coronors c. See Sta. 3 H. 7. 1 Town Moor is without their liberties only liberty to get Coals They have no other liberties b●t within the walls of the Town Quere what Interest they have in the Port for it extends seven miles above and seven miles below the Town of Newcastle which is further then their right of Inheritance reacheth Q. Eliz her Lease of the Manor of Gat. Wick made to W. Reddel others in trust for the Mayor Burgesses of Newcastle for the time being See Stat 7. Ed. 6. 10. * The copy concerning the Sta. of Mo●t● wh●ther the Lease be good or not 15. Ric. 2 5. See this Act at the Rolls whether there be such a penalty or not because the same is a private Act 100. shillings for every Ship or Vessel All Felons goods granted Halam a Rebel they took in the 29. year of K. Hen. 8 he sided with Sir Th. Moor to maintain the Popish Religion this was here great service The Queen her Heirs and Successors are to have their Clark of Recognizances The Mayor to have a Seal See chap. 46. A The Town of Newcastle discharged of Toles c. Profits of Toles of Markets and Fares in Newcastle and liberties to be levied for the use of the Mayor They may take but pay no ●oles * See 3 Ed. 1. 20. Chap. 29. 48 49. Merchant Strangers selling and buying of merchandizes at Newcastle * See Sta. Rich. 2. 7. 14 Rich. 2. 9. 5. 6. Edw. 6. 9. See cha 51. A. * See ch 49. D cha 51. A. A general confirmation of all liberties c. * See St. 30. Ed. 1 A discharge of all former actions to bee brought against them by Writ of Quo Warranto It doth not clear since Burgesses to be admitted by the Mayor and Burgesses A new Free Grammer-School to be erected and called by the name of Qu. Eliz. her Free Grammer School * See Sta. 21. Jacobi cap. 3. Mayor and Burgesses Petition having been an antient Fraternity commonly called Hoast-men for the discharging and better disposing of Sea-Coals c. that they may be incorporated in one Body The Queen ordaineth them so to be names 45 to be the Guild or Body corporate This is called a Monopoly in the Stat. of the 21. K. Jam. c 3. Enables them to become purchasers in perpetuity * See Stat 15. Rich. 2. 5. 7. Ed. 1. To make a Seal and break it at pleasure See chap. 46 A To have a Governor Power to make Laws in their Guild as be pure wholesome good and profitable for the good Government of the said Company * See 19 Hen. 7. 7 ‖ See Stat. 25. Ed. 1. 5. To impose penalties by fine or imprisonment upon the Offendor * See 28 Edw. 3. 3. And to have al fines for the Companys use See cha 43. D. Such Laws to be observed if they be not repugnant to the known Laws of England See St. 19. Hen. 7 7. They to have all the loading or reloading of coals c. in that Port in any part of the Port notwithstanding the Statute of the 21. Hen. 8. c. 18. See Sta. 21 Ja. 3. a monopoly It is conceived this Charter could not repeal that Statute See Chapters 19 24 25 26 28 34. A. B 35 A. B See Sta. 23. Hen. 85. ☜ These Articles are all void notwithstanding it is all the power they can claim It is conceived this Lease i● void both by Law c. * Oppression * Mr. Fuller * Andronicus or the unfort●●nate Polititio●● If all Masters should be thus tyed to buy all things of them judge of the consequence * It could do no harm to the River other than endanger the choaking of the fish ‖ Yet the 10 l. did not cleanse the river thereof * 1 Tim. 6. 10. * Coal-Ingrossers * It was time This wil break the n●ck of all Charters in England that be unjust c. * This is the Grant of is per Ch●ldr●n that they make the Nation pay c. It would not be amiss for the honest Burgesses to protest against the dishonest to the end the innocent may not suffer for the ●●cent their Oath is not to uphold such act●●gs ☞ ☜ ☜ Pag. 70 99 101 102 104 106 155 166. ☜ * Wh●ch now as the case stands the City is cheated in buying of Slats as well as Coals p. 45.