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
Judges cannot come to the knowledge of such offences and the offenders not punished If that clause of the Statute were repealed which tyes all informations to be tryed only and to be prosecuted in the same County and this put in that any may as well prosecute at Westminster as elsewhere would bring into the publick Revenew above a hundred thousand pound per annum Limitations of certain Actions for avoiding Suits in Law F Stat. 21. K. James Chap. 16. Be it Enacted That all Actions upon the case other then for slander Actions for Account Actions for Treaspass Debt Detriment and Replevi for Goods or Chattel and the said Action of Trespass Quare clausum fregit within six years next after the cause of such Action and not after Action of Trespass of Assault Battery Wounding Imprisonment or any of them within four years next after the cause of such Action or Suit and not after And Actions upon the case for words within two years next after the words spoken and not after That no person do enter into any lands but within twenty years next after his Right or Title which shall hereafter first descend or accrue to the same and in default thereof such persons so not entring and their heirs shall be utterly excluded and dis-abled from such entry after to be made c. Provided that if any person or persons be at the time of such cause of action given or accrued fallen or come within the age of one and twenty yeers seme covert non compos mentis imprisoned or be beyond the Seas that then such person or persons shall be at liberty to bring the same Actions so as they take the same within such time as are before limited after their coming to or being of full age discovert of sound memory at large and returned from beyond the Sea as other persons having no such impediments should be done Stat. 20. Hen. 3. 8. 3. Ed. 1. 38. 32. Hen. 8. 2. 1. M. 5. The punishment of Drunkards G Stat. 21. K. James 7. c. for preventing of that loathsome sin of Drunkennesse Enacted that for every time any was drunk should within one week after conviction by the Oath of one Witnesse pay five shillings to the Church wardens of the Parish for the use of the poor and for want thereof in monies to be set in the Stocks six hours And for the second offence to be bound to the Good Behaviour See Chap. 55. B. The Ale-house keeper which doth not sell by a full measure of a Quart shall c. and that shall keep any person tipling above one hour shall forfeit ten shillings and all Brewers that shall deliver Beer to houses unlicenced shall pay six shillings eight pence for every Barrel c. King Charles The Petition of Right A STat. 3 year of K. Charles upon the second day of March 1627. The Lords Spiritual and Temporal and the Commons assembled in Parliament read the Petition unto the King the effect thereof was That his Majesty would declare and grant in open Parliament that none might be compelled to make or yeeld any gift loan or benevolence tax or such like charge without common consent by Act of Parliament That none be compelled to make answer or take such oath or to give attendance or be confined molested or disquieted for refusal of that Nor Free-men be imprisoned or detained it being the right and liberty of the subject according to the Laws and Statutes of England and to declare your Royal will and pleasure which the King did in these words Soit Droit fait come est desire Let Right be done as is desired See 28. Chap. 30. B 38. C 41. A 51. C 43. D. The Star-chamber and High-commission Courts voted down B Act. 17. King Charles The Parliament dissolved the High-commission and Star-chamber Courts with the President and Councel of the North to the end to abandon all Arbitrary pressures conceiving them to be the greatest of evils the proceedings censures and decrease of those Courts have by experience been found to be an intolerable burden to the people and the means to introduce an arbitrary power and government being contrary to the Laws and Liberties of the Land c. All which Courts and proceedings shall sease after the first of August 1641. being absolutely dissolved and taken away c. But it further Enacted and Declared that neither his Majesty nor Councel have nor ought to have any Jurisdiction Power or Authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any of the subjects of this Kingdome but that the same ought to be tried and determined in the ordinary Courts of Justice and by the ordinary course of the Law c. And that from henceforth no Court Councel or place of Judicature shall be erected ordained constituted or appointed within this Realm of England c. which shall have use or exercise the same or the like * Jurisdiction as is or hath been used practised in the said Court of Star-chamber And be it Enacted that if any who ever they be shall put in practice any of the Courts above named practices shall for such offence forfeit five hundred pound for the first offence to the party grieved one thousand for the second offence and for the third offence shall be from thenceforth incapable Ipso facto to bear office and disabled to make any Gift Grant Conveyance c. of any of his Lands c. nor to have any benefit of them c. and shall pay to the party grieved treble damages to be recovered c. in any Court of Record at Westminster by Action of Debt Bill â—laint or Information wherein no Essoyn Protection Wager of Law Ayd Prayer Priviledge Injunction or order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlence c. It will do the Masters of ships no harm to get five hundred pounds for every oath they are forced to swear against themselves to cut purses to be imprisoned without judgement of the Law arbitrarily fined c. all being done by the Magistrates of Newcastle c. See Chap. 29. Chap. 26. The Parliament Monopolies voted down c. A 1640. The Parliament were then so zealous for the Nations weal that seeing what heavy yokes of bondage the people sat under by Monopolies they fell to work on them and voted down the Pattents of Tyn Soap Lether Salt c. as being infringers of the common right of the Free-born And the pre-emption of Coals would have been the like if any publick spirit had appeared and presented that grand grievance which more concerns the life of man then any of the other but I hope God will do it in due time See Stat. 21. King James 3. See Chap. 44. E. All Trade prohibited to Newcastle upon Tyne c. B
wholesome profitable c. according as they shall think good for the good Rule and Government of the Governor Stewards and Brethren of the said Fraternity and for Declaration by what means and Order they fo 151. and their Factors Servants and Apprentices in their Office and businesses concerning the said Fraternity they shall have carry and use c. And that the Governor Stewards and Brethren of that fraternity c. as often as they grant make ordain or establish such Laws Institutes inform fo 152. and they may impose such pains penalties punishments and imprisonments of body or by fines c. upon all Delinquents against such Laws S Institutes c. as to them shall be thought necessary and requisite and as to them shall be thought best for the observation of the said Laws Ordinances c. fo 153. and the said fines and amerciaments at their discretions they may levy have and retain to them and their Successors to the use of the Governor Stewards and Brethren aforesaid without calumny c. All which and singular Laws Ordinances c. the said late Queen willeth to be observed so that the said Laws Ordinances fo 154 c. be not repugnant to the Laws or Statutes of the Kingdom of England And further the Queen granteth to the said Governor Stewards and Brethren c. and to their Successors that for ever hereafter they and their Successors c. fo 155. may have and shall have full power from time to time at their pleasure to chuse name and ordain other inhabitants and Burgesses of the said Town c. to be and shall be Brethren of the said Fraternity c. who so elected nominated and sworn shall be named and be Brethren of that Fraternity Moreover fo 156. the said Queen grants licence power and authority to the said Governor Stewards and Brethren c. and to their Successors that they for the time being and their Successors and every of them for ever hereafter may and shall quietly and peaceably have hold use and enjoy all such Liberties Privileges c. fo 157. concerning the loading and unloading shipping or unshipping of Stone-coals Pit-coals * Grind-stones Rub-stones and Whetstones T And that they may for ever hereafter load and unload ship and unship in or out of any ships or vessels Pit-coals and Stones aforesaid within the said River and Port of Tyne in any place or places as to them shall be expedient fo 158. between the said Town of Newcastle c. and the aforesaid place in the aforesaid River called the Sparhawke so nigh to the said Town of Newcastle c. as conveniently may be done according to the true intention of these Letters Pattents as the men and Brethren of the said Fraternity at any time have used and accustomed notwithstanding the Statute of King Hen. 8. the 3. of Novemb in the 21. year of his reign and from thence adjourned to Westminster holden published 1559. Intituled An Act concerning Newcastle and the Port and c. to the same belonging or any other Act c. notwithstanding And the said Queen also willeth c. for that express mention c. Witness the Queen at Westminster the 22 of March in the 13 year of her reign fo 160. What a world of profits is given from the Crown which ought to maintain it and would have so filled the Coffers as that there had been little need of Sesments c. Having read some works of those late famous Expositors of the Law I drew two or three heads out as Observations for the knowledge of those who know them not written by way of explanation of our known Laws as being a Law used time out of mind or by prescription The Law of Nature is that which God infused into the heart of man for his preservation and direction and that the Law of England is grounded upon six principle Points the Law of Reason the Law of God divers Customs of this Land of divers principles and maxims divers particular customs and of divers Statutes made in Parliament The fundamentall Lawes of England are so excellent that they are the Birth-right and the most antient and best Inheritance that the free people of England have for by them they enjoy not onely their Inheritance and Goods in peace and quietness but their Lives and dear Country in peace and safety Cooks Preface to the sixth Replication and on Littleton l. 2. c. 12. sect 213. Sometime it is called Right sometime Common Right and sometimes Communis Justitia and it is the same Law which William the Conqueror found in England the Laws which he sware to observe were Bonae c. approbatae antiquae Regni legis Charter-Law being so repugnant to the above written and so destructive to the weal of the people that never any Writer ever writ of them nor ever any Parliament Enacted their publication knowing they were no other then Prerogative and dyes with the Donor And it is an infallible rule where no Law is published there cannot be any transgression or obedience required The Corporation of Newcastle hath but two Supporters to stand and fall by first Prescription secondly Custom As to Prescription a Quo Warrante will avoid that upon a legall tryal it being understood that Charters are void by reason of the change of Government if not yet by breach of Charter exceeding their power being nothing else then a fallacy And as to plead Custom they have no right nor never in possession of what they claim Customary Right is good Law but Custom without Right is but an old error and ought to be removed Drunkenness and Swearing is customary is it fit it should stand because of its custom Kings were before Corporations and could have better justified themselves for a continuance than Corporations by reason they might plead Hereditary or Electary Conquerors or Customary yet being found a grievance was taken and removed for their Arbitrary actings why then must their power stand that is no Law If it were justice to execute those two Judges Empson and Dudly for onely putting a Statute Law in execution not repealed which is above Charters being grievous to the people it were nothing more to execute Justice upon such who acts the same without any Law King John who was a Murderer yet commanded a murderer to be taken from the Altar and sent to the slaughter Here was Justice Why do not our just Judges send such like from the Charter to the slaughter If Strafford lost his life for acting oppressively by an Arbitrary power why not others for the same CHAP. XII King James his Charters and Orders Mars Puer Alecto Virgo VULPES LEO Nullus Iamâ—s king of England Scotland and Ireland â—â— A KIng James in the second year of his reign being humbly supplicated by the Mayor and Burgesses of Newcastle that he would be graciously pleased to confirm all their antient Grants and Charters and to give them
said John and to the evill example of others in the like case offending and contrary to the Form of the Statute in such case made and provided and against the publick peace See Cha. 58. C D B Stat. 23. Hen. 8. 3. King Henry the Seventh Henry the 7. began his Raigâ—e the 22. of June 1485. And was Crowned at westminster the 30 of octob Hee Raigned 25. years and 8. monthes and died the 22. of April lieth buried at westminster STat. three of Henry the seventh Chapter 1. * It is Enacted if any Coroner be remisse and maketh not Inquisition upon the view of the body dead and certifie not according to his Office It is ordained that he shall for every default forfeit five pounds See Chapter 10. O. P. Chap. 48. â—9 49. Weights and Measures c. Stat. 11. Hen. 7. chap 4. For as much as many grievances have been set forth unto this present Parlament of the great fraud and deceit in Measures Weights for remedy whereof it is ordained and enacted that to the Knights and Citizens of every Shire and City assembled in this present Parlament Barons of the Five Ports and certain Burgesses of Burrough Towns ere they depart from this present Parlament be delivered one of every Weight and Measure which now is made of brass for the good of the Subject according to the Kings Standard of his Exchequer of Weights and Measures and that they shall cause all common Weights and Measures to be as abovesaid and all such as prove defective then such weights and measures shall be broken and burnt and the party pay twenty shillings and be set in the Pillory the Quarter of Corn to be eight bushels raised and struck and fourteen pound to the Stone of Wool c. and water measure to be five pecks on ship-board according to the Standard c. See chap. 49 C No Ordinance to be made by Corporations c. By Act of Parlament 19. Hen. 7. 7. That Masters Wardens and people of Guilds Fraternities and of other Companies Corporate oftentimes by coulor of Rule and Governance to them granted by Charter and Letters Pattents made amongst themselves many unlawfull and unwarrantable Ordinances as well in prizes of wages as other things for their own singular profit and to the common hurt and damage of the people Be it enacted and it is hereby Enacted that no such Master Wardens nor Companies * make nor use any Ordinance in disheritance nor diminition of the Prerogative of the King nor of others * nor against the common profit of the people nor none other Ordinance of charge except it were first discust used and proved by good advice of the Justices of Peace or the chief Governors of Cities and before them entred upon Record and that upon pain to loose and forfeit the force and effect of all the Articles in their said Letters Pattents and Charters contained concerning the same and over that to pay ten pounds to the King for every Ordinance that any of them made or used to the contrary the same Ordinance to inâ—ure at the Kings pleasure which Act was then expired and since the expiration of the same many Ordinances have been made by many private Bodies within divers Cities Towns and Burroughs contrary to the Kings Prerogative his Laws and the common weal of his Subjects Be it therefore enacted that no Masters Wardens and Fellowship of Crafts or Mysteries nor of any Rulers of Guilds or Fraternities * take upon them to make any Acts or Ordinances nor to execute any by them heretofore made in dishertion or diminition of the Prerogative of the King nor of other nor against the common profit of the people except the said Acts and Ordinances be examined and approved by the Chancellor Treasurer of England or Chief Justices of either Benches or three of them or before both the Justices of Assizes in their Circuit in the Shire where such Acts or Ordinances be made upon pain of forfeiture of forty pounds for every time they doe to the contrary And over that it is Enacted that none of the same Bodies Corporate take upon them to make any Acts or Ordinances to restrain * any person or persons to sue to the King or any of his Courts for due remedy to be had in their causes nor put nor execute any penalty or punishment upon any of them for any such suit to be made upon pain of forfeiture of forty pounds for every time that they do to the contrary See chap. 39. A 30. D 43. D and chap. 10. G This Statute will prove offensive to the free Hoast-men and the Charter of the Admiralty if well prosecuted and pay them for all the wrongs done King Henry the Eighth Henry the 8 was borne at Grenwich Entred his Raigne being 18 yeares of age the 22. of Aprill 1509. was Crouned at Westminster the 25. of June following He Raigned 37. yeares and 9 months died the 28. of June buried at Winsor A SStat 21. Hen. 8. ch 18. In the vacancy of the Sea of Durham Cardinal Wolsey being dead and no Knights nor Burgesses in Parlament for Durham and Northumberland then the Mayor and Burgesses of Newcastle knowing there could be no opposition petitioned the King and Parlament for that whereas the Mayor Burgesses and Commonalty of that Town having been faithfull Subjects and held in Fee from his Progenitors that Town Port and Haven of the River of Tine thereunto belonging and of all ground * which the water covered within the said River of Tine from the Month of the said River called Sparhawke and to Headwin streams in their demean as of fee in right of the Crown and that all Merchandizes carryed by any ship or vessell into that Port or carried out used to be discharged and loaden only at that Town by which means the Customs Subsidies and Tole were received there for his Majesties use 500 l. per annum And that by reason of those Liberties and Franchizes that Town hath been well replenished and maintained and able to furnish his Majesty with four hundred Marriners for the War and by reason of several great personages as well spiritual as temporal having Lands adjoyning to the said River have loaden and unloaden ships with several Merchandizes and paid no Customs to the utter undoing of the Town and the great dishertion of your Highness and minishment to your Customs and that divers Weyers and Fish-gates were erected in the said River by means whereof great Sand-beds and Gravel heaps be grown and cast up in the said River that within few years to come no ship of good burthen or weight * shall be able to come up to the Town to the inestimable hurt of the Countries thereunto adjoyning and to the damage of your Realm * especially to all persons needing Sea-Coals which be onely conveyed from the said Port and no where else to be shipped or had but there In consideration whereof may it please your Majestie out of
your bounden Grace with the assent of your Lords spiritual and temporal and the Commons in Parlament to enact ordain and establish that from henceforth any Merchant or Merchants or any other person or persons shall not ship load or unload any Merchandize or other Wares of Goods to be sold here between the said place called Sparhawke and Headwin streams being fourteen miles in length but onely at Newcastle upon pain of forfeiture of all such Goods and Wares and Merchandizes to the King And for the Mayor and Burgesses to pull down all Weires Goares and Engins which was granted by the said Statute provided alwaies this Act be not prejudicial to any person or persons being the Kings Subjects for building shipping loading or unloading any Salt or Fish within the said River and Port or to any of them or to any other persons repairing to the said Port with ships and Merchandizes for selling or buying of any Merchandizes or Wares needful for victualing and amending of the said ships * at the time of their being in the said Port this Act or any thing comprised in the same notwithstanding See ch 50. C A Table of Fees for Customs Toles c. in Towns B Stat. 22. Hen. 8. ch 8. Be it Enacted that every City Borough and Town Corporate their Officer shall set up or cause a Table in open place of and for the certainty of all such and every duty of every such Custom Tole and duty or sum of money of such Wares and Merchandizes to be demanded or required as above rehearsed shall and may plainly appear to be declared to the intent that nothing be exacted otherwise than in old time hath been used and accustomed upon pain of each City five pound and every Corporation forty shillings for every month that the said Table shall fail to be set up the moyety to the King and the other to the party that wil sue for the same by Writ Bil Plaint or Information in which the Defendant shall have no assoyn Wager of Law nor protection of Law allowed See chap. 44. E A Commission of Sewers c. C Stat. 23. Hen. 8. chap. 5. The King considering the absolute necessity of granting a general Act for Commissioners of Sewers to be directed in all parts of his Realm for the advancing of the Commonwealth and commodity of this his Realm And likewise considering the daily great damages and losses which have happened in many parts of the Nation in the decay and spoil of Rivers to the inestimable damages of the Commonwealth which do daily increase for remedy whereof it is enacted that there be Commissioners of Suers and other premises directed in all parts from time to time where and when need shall require to such substantial and indifferent persons as shall be named by the Lord Chancellor and Lord Treasurer of England and the two Chief Justices for the time being or by three of them whereof the Lord Chancellor to be one The Commissioners to be residing in the respective Countie where the Commission is directed which said Commissioners will preserve the said River having power given them to constitute and ordain Laws Ordinances and Decrees and to repeal reform and amend as need shall require any defects Also to pull down any Newsances incroachments or the like erected in the said Rivers and to cause buildings of Wharfs for the good of the same and power to Rate and Tax any person whatsoever towards the charge for the good of the said Rivers or having spoyled the same to seize his or their Lands Tenements Goods and Chattels for the said Taxes and to dispose of the same by Sail Lease or otherwise six Commissioners being present and every Commissioner is to have four shillings a day when they â—it and the Clerk two shillings a day out of the Taxes I refer the rest of this power to the relation of these Statutes following 3. Edward 6. 9. 13. Eliz. 9. See 34. Chap. C 35. A. B. An Attaint against a Jury D Stat. 23. Hen. 8. Chap. 3. The Law having first used all good devices to cause Sheriffs Under-Sheriffs Bayliffs of Liberties Coroners and all others authorized to return and impannel Juries to be indifferent and to return the said Jurors and Juries without all partiallity and that they shall be no Furtherers Maintainers nor Assisters to perjury subordination or embracery and also having provided that all those Jurors which be so returned upon Inquests and to try Inquests and to try Issues between party and party may again one by one be sifted tryed and examined whether they standing unsworn be indifferent or not she doth then expect from those Jurors veridictum a true Tale that is to say a true Verdict or Presentment of such things as be given them in charge according to their evidence but if the same Jurors will decline from truth and make a false presentment contrary to their evidence * then it is not to be tearmed veredictum but perjurium and it will be returned to them as maledictum for by the Common-Law they being Attainted by the Verdict of four and twenty other Jurors shall receive a cursed and villanous judgement therefore viz. The said Jurors shall lose the freedom of the Law their Wives and Children shall be thrust out of their houses their houses shall be pulled down to the ground their Orchards and Gardens shall be subplanted their Trees shall be digged up by the roots their Meadows shall be eyred up all their Goods and Chattels which they have at the time of the Attaint brought or at any time after shall be forfeited to the King the King shall have all the profit of their forfeited lands during their lives and they shall be committed to perpetuall prison which judgement was devised and many years put in execution to the intent it might be known how much the Common-Law did detest and punish wilfull perjury and falshood in those who she trusted in place of justice and from whom she accounted to receive truth See Poulton Perjury 16 See Chap. 58. B. C. D. Stat. 23. Hen. 6. 10. D. To prevent spoyl in Rivers by Ballast C Stat. 34. Hen. 8. 9. The King for the good and preservation of Rivers Enacted that what person or persons do cast or unlade any Ballast Rubbish Gravel or other wreck out of any Ship Crayer or other Vessels being within any Haven-road Channel or River to any Port Town or other City or Borough within this Realm but onely upon the land above the full Sea-mark upon pain of forfitude of five pound a time the one half to the King the other to the party discovering that will sue for the same by Bill Plaint or otherwise no wager of Law admitted or any Essoyn or protection allowed This is a legal course but Newcastle acts not hereby as you may see in Chap. 34. C 35. A. B. 12. Chap. 6. 14. B. King Edward the First Sheriffes punished for refusing Bail A STat. 3. Ed. 1.
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 quaâ—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 whereâ— by diâ—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 malâ— 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. Câ— 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 Hamâ—oâ—â— Court at the age of 9 yeares began his raigne the 31 of Januâ—â—â—46 Crowned at wesâ—m the 2â— 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
same Serjeant Counsellor Clerk or Clerks or Officers aforesaid testifying how much he hath received for his Fee or paid or given for copies and at what time and how often And that all Attornies and Solicitors shall give a true bill unto their Masters or Clyents or their Assigns of all other charges concerning their Suits which they have for them subscribed with their own hand and name before such time as they or any of them shall charge their Clyents with any of the same Fees or Charges And that if any Attorney or Solicitor do or shal willingly delay his Clyents Suits to work his own gain or demand by his Bill any other summe of mony or allowance upon his account of any monies which he hath not laid out or disbursed that in every such case the party grieved shall have his action against such Attorney or Solicitor and shall recover therein costs and treble damage and the said Attorney or Solicitor shall be discharged from thenceforth from being an Attorney or Solicitor any more See Chap. 58. A All Monopolies and Dispensations with penal Laws shall be void D Stat. 21. K. James Chap. 3. For as much as your most Excellent Majestie in your Royal judgement and of your blessed disposition to the weal and quiet of your subjects did in the year of our Lord God 1610. publish in Print to the whole Realm and to all posterity that all Grants and Monopolies and of the benefit of any penal Laws or of poor to dispence with the Law or to compound for the forfeiture are contrary to your Majesties Laws with your Majesties Declaration which is truly consonant and agreeable to the ancient and fundamental Laws of this your Realm And whereas your Majesty was further gratiously pleased expresly to command that no Suitor should presume to move your Majestie for matters of that nature yet neverthelesse upon Mis-information and untrue pretences of publick good many such Grants have been unduly obtained and unlawfully put in execution to the great grievance and inconvenience of your Majesties subjects contrary to the Laws of this your Realm and contrary to your Majesties Royal and blessed intention so published as aforesaid for avoiding whereof and preventing the like for the time to come May it please your most Excellent Majestie at the humble Suit of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled that it may be declared and enacted And be it declared and enacted by Authority of this present Parliament That all Monopolies and all Commissions Grants Licences Charters and Letters Pattents heretofore made or granted to any person or persons bodies Politick or Corporate whatsoever of or for the sole buying selling making working or using of any thing within this Realm or of any other Monopolies or of Power Liberty or faculty to dispence with any other to give licence or toleration to do use or exercise any thing against the tenure or purport of any Law or Statute or to give or make any Warrant for any such Dispensation Licence or Toleration to be had or made c. And all Proclamations Inhibitions Restraints Warrants of assistance and all other matters or things whatsoever any way tending to the instituting erecting strengthning furthering or countenancing of the same or any of them are contrary to the Laws of this Realm and so are and shall be utterly void and of none effect and in no wayes to be put in use or execution c. Be it further Enacted c. that all person and persons bodies Politick and Corporate whatsoever which now are or hereafter shall be shall stand and be dis-abled and uncapable to have use exercise or put in eure any Monopoly or any such Commission Grant Licence Charter Letters Pattents Proclamations Inhibition Restraint Warrant of assistance or other matter or thing tending as aforesaid or any liberty power or faculty grounded or pretended to be grounded upon them or any of them The party grieved by pretext of any Monopoly c. shall recover his or their treble damages and double costs c. and he that delayeth an action grounded upon Statute incurs a premunire which is exprest in the 16. Rich. 2. 5. shall be put out of the Kings Protection and their Lands and Tenements Goods and Chattels forfeit to our Lord the King and their bodies to be attached to answer the King c. Charters granted to Corporations saved Letters Pattents to use new Manufactures saved Grants confirmed by Acts of Parliament saved Warrants granted to Justices saved Letters Pattents that concern Printing Salt-peter Gun-powder great Ordnance shot or Offices saved Nor shall this Statute extend to void Commssions for Allum-Mines nor to the Licences of keeping Taverns making glasse transportation of Calves-skins nor for making Smalt nor for melting Iron evre with Sea-Coal c. Provided also and be it Enacted That this Act or any Declaration proviso penalty forfeiture or other thing before mentioned shall not extend or be prejudicial to any use custome Prescription Franchize Freedome Jurisdiction Immunity Liberty or Priviledge heretofore claimed used or enjoyed by the Governours and Stewards and Brethren of the Fellowship of the Hoast-men of the Town of Newcastle upon Tyne or by the ancient Fellow-ship Guild or Fraternity commonly called Hoast-men for or concerning the selling carrying lading disposing shipping venting or trading of or for any Sea-coals Stone-coals or Pit-coals forth or out of the Haven and River of Tyne or to a Grant made by the said Governor and Stewards and Brethren of the fellowship of the said Hoast-men to the late Queen Elizabeth * of any duty or summes of money to be paid for or in respect of any such Coals as aforesaid Here the Reader may see that all these excepted except to the Justices are allowed to be Monopolies and this last the greatest that ever was See Chap. 11. Chap. 8. A Chap. 21. A Parliament 1640. Informations upon penal Statutes shall be prosecuted in the Counties where the offences are committed E Stat. 21. K. James Chap. 3. Be it Enacted that all informations upon pâ—nal Statutes shall be prosecuted in the Counties where the offences were committed c. upon default of proving that the offence was committed in the same County the Defendant shall be found not guilty c. the Informer shall make oath that the offence was committed in the same County where the Suit is commenced c. The Defendant in an information upon a penal Statute may plead the general issue that they are not guilty c. Certain offences there be excepted but may be tried elswhere c. This Statute was made in favour and ease of the people from coming to London but it is the worst Statute that ever was made and much in favour of the offender for the offender in Corporations and Sheriffs are Judges and Jurors in their own cases and the Informer cast into prison when the Judges are coming to Assizes c. so the
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. 112â— 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. Moâ—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 Shoreâ— 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. Dirtwiâ— Sand M Coble Deane N 〈◊〉 Sand O Another Ballaâ—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 Leâ—se is void by reason the Corporation forfeiteâ— 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 bâ—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 Moâ—tâ— whâ—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 â—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 iâ— void both by Law c. * Oppression * Mr. Fuller * Andronicus or the unfortâ—â—nate Polititioâ—â— 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 nâ—ck of all Charters in England that be unjust c. * This is the Grant of is per Châ—ldrâ—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 â—â—cent their Oath is not to uphold such actâ—â—gs ☞ ☜ ☜ Pag. 70 99 101 102 104 106 155 166. ☜ * Whâ—ch now as the case stands the City is cheated in buying of Slats as well as Coals p. 45.