Selected quad for the lemma: parliament_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
parliament_n	call_v	king_n	reign_n	2,919	5	8.1473	4	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
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

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

then to chuse another within twenty daies c. fo 51 52. The like for the Sheriff c. fo 53 54. William Jennison named first Mayor fo 55 56. John Savel one of the Barons of the Exchequer first and modern Recorder fo 57. William Selby c. and nine others are made the first and modern Aldermen fo 58. James Clavering appointed first and the modern Sheriff c. fo 59. The said William Jennison Mayor and thirty five persons more are appointed to be the first and mordern Common-Council-men c. fo 60 61. Matthew Chapman and Rowland Tempest are appointed to be first and the modern Coroners c. fo 62. George Dent appointed first Clerk of the Chamber fo 62. Francis Burrel and seven others appointed to be the first and the modern Chamberlains of the said Town fo 63. George Still appointed Sword-bearer fo 63 George Selby and seven other persons appointed to be the 〈◊〉 Serjeants at Mace c. fo 63. The said Queen grants to the said Mayor and Burgesses and their Successors for ever that they may hold one Court of Record in Guilde-hall before the Mayor upon Monday in every week through the year except in the weeks of Christmas Easter and Penticost c. fo 65. and another Court upon Wednesdaies and Fridaies in every week throughout the year except in the several weeks aforesaid and all Pleas of Debts Covenants Deteiner Trespasses c. fo 66 67. and pleas of Court of Pipowder c. fo 68. and Courts of the Upper-Bench Justices of the Bench and Justices of Assize before the said Mayor fo 69 70. And that the Mayor and Burgesses in the Court to be holden before the Mayor and in the Court to be holden before the Sheriff and their Successors in all and singular Suits c. may attatch the parties Defendents in the same Suits c. fo 71. in their Lands and Goods and commit them to their prison called Newgate c. fo 72 73. The Mayor the ten Aldermen and Recorder of the said Town for ever to be joyntly and severally Keepers of the Peace c. within the said Town c. and to chastise and punish malefactors c. fo 73 74 75 76. And further That they the 12 11 10 9 8 7 6 5 4 or 3 of them whereof the Mayor to be one be Justices of the said late Queen her Heirs and Successors to enquire upon oath c. fo 76. of all Murders c. Forestallers Regrators c. and of all other matters whatsoever done or committed c. fo 77 78 79. so that the Keepers of the Peace in Northumberland and Durham do not enter for any matter of Peace c. to be ended and determined in the said Town of Newcastle f. 80. F The Queen grants to the said Mayor and Burgesses and their Successors that they may as often as need shall require impose c. Fines Penalties Taxations Customs c. for the publick use of the Mayor and Burgesses of the said Town to be kept in their common Chamber and to be expended for their publick use fo 81. or by their Officers from time to time to be levied such as before time were lawfully taxed and imposed c. and that the said Mayor c. may use all the means they can to levy and gather the same fo 82. G The Queens pleasure further was that the Mayor● Recorder and Aldermen of the said Town or five or more of them whereof the Mayor to be one be Justices for Gaol Deliveries c. fo 83. and that the Coronors * of the said Town shall deliver all Juries Inquisitions pannel Attatchments c. and make return of them to the Mayor c. in all their Gaol Deliveries c. fo 84. and do execute the Precepts of the Mayor c. in such manner as any Sheriffe of England was accustomed to do at the Gaol Deliveries for their several Counties and that the said Mayor Recorder and Aldermen may fo 85. erect Gallows within the Liberties of the said Town to hang Felons c. And that the said Mayor Recorder and Aldermen or five or more of them may take and Arrest what Felons Theeves and Malefactors soever within the Town and Port of Newcastle and Port aforesaid or the Precinct or Liberties of them are found c. and may bring them to Prison there fo 86. H The said Queen gives Licence to William Reddel and to six others and to what subjects or subject whatsoever of the said late Queen her Heirs and Successors Assign or Assigns Tenants or Farmers fo 87. of the Mannor of Gatesside and Wickham with their Appurtenances in the County of Durham by vertue of a Lease to the said Queen made amongst others by Richard late Bishop of Durham by his Indenture dated the 26 of April in the 24 year of her Reign 1582. for ninety nine years from the making thereof and that the said Assign or Assigns Tenants Farmers fo 88. of the Premises so demised and their survivors The said Mannors or Lordships of Gates-side and Wickham with their Appurtenances may grant and assign to the said Mayor and Burgesses and to their Successors for the residue of the years then to come and to the Mayor and Burgesses of the said Town and to their Successors That the said Manners and Lordships of Gatesside fo 89. and Wickham aforesaid with their Appurtenances may have and hold during the residue of the years then to come the said Queen for her her Heirs and Successors gave special Licence notwithstanding the Statute of Mortmain or any other Statute c. fo 90. I The Queen pardoneth and releaseth to the said Mayor and Burgesses and to their Successors and to every Subject and Subjects whatsoever c. All and all manner of pains Penalties forfeitures and sums of money and all other charges whatsoever to the said Queen or to any her Progenitors fo 91. theretofore forfeited by vertue of an Act of Parliament of King Henry the fifth at Westminster in the ninth year of his Reign onely published for the assurement of Keels by Parliament Commissioners assigned or by pretence of another Act of Parliament begun at Westminster in the one and twentieth year of King Henry the eighth fo 92. Intituled an Act concerning Newcastle and the Port there for the loading or unloading of any Merchants goods within this Kingdome or elsewhere to be sold from any Ship or Ships or other Vessels in or at any place or places within the Port and River of Tyne between Sparhawk fo 93. and Hadwyn streams but only at the said Town of Newcastle and not elsewhere under pains and forfeitures in the said Act contained and specified And by vertue of another Act of Parliament at Westminster aforesaid the three and twentieth of January in the first yeer of the late Queen Elizabeth Intituled an Act limitting the times of

15. King Edward the first for as much as Sheriffs and others which have taken and kept in prison persons detected of Felony and Incontinent have let out by Plevyn such as were not replevisable and kept in persons such as were replevisable because they would win of the one party and grieve the other It is ordained That if any Sheriffe or any other which hath the keeping of prisons let any go at large by Surety that is not replevisable and thereof be attainted he shall lose his Fee and Office for ever And if the Under-Sheriffe Constable or Bayliff of such who have Fees for keeping of prisons do it contrary to the will of his Lord or any other Bayliffe being not of Fee they shall have three years imprisonment and make Fine at the Kings pleasure And if any man withhold a prisoner replevisable after that they have offered sufficient surety he shall pay a grievous Amerciament to the King and if he take any reward for the deliverance of such he shall pay it double to the prisoner and also shall pay a grievous Amerciament to the King See Stat. 27. Edw. 1. 3. Stat. 3. Hen. 7. 2. the first and second Philip and Mary 13. See 30. Chap. B 37. Chap. A. 41. Chap. A. Extortion in Officers B Stat. 3. Ed. 1. 26. The King ordains that none of his Officers shall commit extortion neither Sheriffe nor other shall take reward to do his Office but shall be paid of that which they take of the King and he that so doth shall pay or yeeld two times as much and shall be punished at the Kings pleasure See Stat. 23. Hen. 6. 10. Outragious Tole C Stat. 3. Edw. 1. 30. The King Ordains that such who takes outragious Tole contrary to the common custome of the Realm in Market-Towns by the Lord then the Franchizes of the said Market to be seized into the Kings hand and if it be in the Kings Town which is let in the Farm the Franchizes to be seized in the Kings hand And if it be done by a Bayliffe without consent of his Lord he shall restore double and shall have forty dayes imprisonment touching Citizens and Burgesses to whom the King granted Murrage to inclose their Towns * which takes such Murrage otherwise then it was granted unto them and thereof be attainted it is provided that they shall lose their Charter or Grant for ever and shall be grievously amerced unto the King See 44 Edw. 3. fo 20. 43. Edw. 3. fol. 29. fit N. B. fo 94. See 11. Chap. H. 44. I. 49. C 48. A. Persons attached out of their liberty D Stat. 3. Ed. 1. 34. For as much as great men and the Bayliffs and others the Kings Officers onely excepted unto whom special Authority is given which at the complaint of some are by their own authority attached others passing through their Jurisdictions with their goods compelling them to answer afore them * upon Contract Covenants and Trespasses out of their jurisdiction where indeed they hold nothing of them or within their Franchizes where their power is in prejudice of the King and his Crown and to the damage of the people it is provided that none from henceforth so do and if any do he shall pay to him that by his occasion shall be attached his damage double and shall be grievously amerced to the King 3. Ed. 1. 16. See Chap. 30. B. The Penalties for procuring Writs E Stat. 13. Edw. 1. 36. For as much as Lords of Courts and others that keeps Courts and Stewards intending to grieve their inferiors where they have no lawful means so to do procures others to move matters against them and to put in sureties and other pledges or to purchase Writs and at the suit of such Plaintiffes compels them to follow the County Hundred Wapentake and other like Courts untill they have made fine with them at their will it is Ordained that it shall not be so used hereafter And if any be attached upon such false complaints he shall replevy his distresse so taken and shall cause the matter to be brought afore the Justice before whom if the Sheriff Bayliff or other Lord after that the party distrained hath framed his complaint will advow the distresse lawful by reason of such complaints made unto them And it be replied that such complaints were moved maliciously against the party by the solicitation or procurement of the Sheriff or other Bayliff or Lord the same replication shall be admitted and if they be convicted hereupon they shall make Fine to the King and treble damages to the party grieved See Stat. 8. Eliz. 2. No Tax to be levied but by Parliament c. F Stat. 25. Edw. 1. 6. Be it Enacted that none shall be charged by any Charge or Imposition nor be compelled to contribute to any Tax Talledge Aid or other like charge not set by common consent in Parliament A Writ called Ad quoddamum to purchase Fairs Markets c. G Stat. 27. Ed. 1. 1299. The King ordains that if any person or persons having a mind to obtain any Liberties Fairs Markets or the like may have this Writ out of Chancery called Ad quoddamum if the Inquest passe for them they shall have it for remembrance of which thing there is an Indenture made and divided into three parts whereof one part remains in the Chancery another in the Exchequor and the third in the Wardrop Regist Fo. 247. Fitz. N. B fo 221. Rast Pla. fo 25. 32. See Chap. 48. A. B. 44. I. 49. A. G 50. A 29. A 47. A 51. A 50. C and Chap. 11. I. K. This Writ called a Quo Warranto will dash any Charter a peeces exceeded H Stat. 30. Ed. 1. 1301. The King and his Parliament provided well for the weal of the Nation against any indirect course prosecuted under colour of Charter Grants c. either by not putting in execution what is granted to Corporations or exceeding their powers ordains this Writ whereby all men may have right if they look after it viz. The King to the Sheriff Greeting Summon by good Summons c. that they be before us at c. in out next coming in to the County aforesaid or before our Iustices of Assize when they shall come into those parts to shew by what warrant they claim such Liberties and hold a view of Frank pledge in their Mannor of c. or by what warrant they have to hold Tholonium tollis for them and their Heirs and by what warrant they do such wrongs c. This Writ is like twenty of the violentest Mastiffs upon a small Bear tearing her all in peeces they being unmuzled there is a great want of such bayting I Doctor Lamb who was killed by a rude multitude in London and soon after buried but by reason a Coroner did not view his dead body c. this Writ was brought by Attorney General Noy who voided their Charter and they were fined many thousand pounds and

practice of the said Town of Newcastle in debarring Masters of ships to make use within the River of Tyne of what Ship-Carpenters they please or find fittest for their own conveniency and in constraining them to use onely the free Ship-wrights of the said Town of Newcastle is very prejudicial to Trade and Navigation See ch 33. A 38. A. B. C N That it hath appeared to this Council notwithstanding any thing to the contrary alleadged c. that through the Winds Rains and other casualties washing down the Ballast of those that are called the Town of Newcastles Shoars having been a great newsance and prejudice to the River and in the higher parts thereof See ch 34. C 35 A. B O And that the practice of the said Town of Newcastle in constraining the said Masters of ships to come up the River and to heave out their Ballast at the Town shoars only P and hindering them to load Coals and discharge their Ballast where they may with safety perform it as well to the Road-stead it self as to their shipping is a damage and inconveniency to Trade and Navigation See ch 34 C 44. A 41. A 44. E 32. D 43. D 29. C 31. A Q To hinder any ships to buy or take in at any place of the said Port Bread and Beer for their own spending and victualling is also a very great hinderance to Trade and Navigation See chap. 48. A 49. C. D. G. 50. A 51. B 44. E 29. A R That notwithstanding for the better regulating such farther Liberties as shall be granted in the granting of the said Provisions building of Ballast-Shoars defraying the charge and for the preservation of the River for the future be intrusted into faithful able mens hands to see the same put in execution as to the wisdom of the Parliament shall be thought fit c. John Johnson Clerk pro tempore CHAP. XXVI A Judgement at the Common-Law obtained against Newcastle c. A THomas Cliff a Ship-Carpenter who hath been very instrumental in saving many ships from sinking and at easie rates for his working upon a ship in the same River of Tyne in the year 1646. had got a ship off the Rocks with the help of his Servants and other Work-men for which the Mayor and Burgesses of Newcastle sent down Sergeants with other Burgesses to the Town of North-Shields which is in the County of Northumberland to bring the said Cliff and Servants to their Prison in which service the said Sergeants killed his Wife brake his Daughters Arm and ●ed his Servants to Prison * as you may read Chap 36. And then sued the said Cliff by an English Bill in the Exchequer and held him in suit five years and upwards the Suit being commenced in the name of the Mayor and Burgesses of Newcastle Complainants against Tho. Cliff Defendant the Merchants and Burgesses of that Corporation came in as witnesses in their own Cause as you may find upon Record in the Exchequer where they were examined in the year 1649. Janu. 27 by vertue of a Commission c. also they were cross examined c. which said Suit was transferred to the Common Law and to be tryed at York Assizes in Hillary 1651. the Verdict went for the Defendant Cliff which said Judgement expresses that the Mayor and Burgesses ought to be severely fined c. for their unjust claim in that Port of the River of Tyne and shall pay 30 l. costs c. which said Bill is in the Office of Pleas in Lincolns-Inn c. See chap. 19. C 24. A 25. A 54. 28. CHAP. XXVII To the Supream Authority The Parlament of the Commonwealth of England The humble Petition of Ralph Gardner of Northumberland Gent. in behalf of himself and many others whose desires are thereunto annexed c. Sheweth A THat many great Complaints of grievances and oppressions presented to the Council of State in the year 1650. in writings by many Captains and Masters of Ships with others against the Magistrates of Newcastle upon Tyne in relation to Trade and Navigation The Council of State by Order transferred the same to be examined by the Council for Trade and after a long Debate at several times divers Witnesses were sworn and Counsel had on both sides The Council for Trade drew up a Report thereupon to present to the Parliament conducing much to the good of Trade and Navigation which said Report hath lyen dorment ever since to the great detriment of the Commonwealth in the excessive prizes of Coales and otherwise Your Petitioner humbly prays That those Reports and Papers may be called for and reviewed and these annexed desires inserted to do therein as to Your Wisedoms and Justice shall seem meet And as in duty bound shall pray c. Ralph Gardner Henry Ogle 29 Sept. 1653. Gardners Desires to the Parliament B THat North-Shields be made a Market Town it being seven miles from Newcastle and twelve miles from any Market in the same County which would relieve the Garrison of Tinmouth Castle the Inhabitants which be thousands the great confluence of people resorting thither the great Fleets of ships daily riding there would further them to make many more Voyages in the year save Boats and mens lives which are often in danger of being cast away in stormy weather * also by which means the people would be releived with provisions during the time the River is frozen and half in half cheaper than from the second hand besides the lost of a daies labour and great charge to the poor in going by water in boat-hire and save the life of many a man and beast from falling into Coal-pits which lies open after the Coals wrought out being covered with snow c. See chap. 29. A 48. A 49. B 50. A 51. A C That the Mayor and Burgesses may no more imprison poor Artificers onely for working upon their Trades in or about the River See chap. 36. A 38. A. C D That they may not cast men into prison for saving of ships from sinking nor keep men in prison till they give them Bond never to work upon their Trade again See ch 33. A 36. A 38. A E That they may not force all goods brought in by Sea for the Salt and Coal-Works use at and near the Shields to be carryed up to Newcastle where there is no use for the same See ch 50. F That the Coal Owners of Northumberland and County of Durham may have free liberty to sell their own Coals to ships and not to be inslaved by the free Hoast-men of the Town of Newcastle G That any person may have liberty to build ships and vessels in the River of Tyne without the molestation of the Magistrates of the Town of Newcastle for the increase of Trade and Navigation H That no Masters of ships may be imprisoned for refusing to swear against themselves according to the practice of the Star-Chamber it being a great discouragement to Trade and disquieting of the