to joyn issue upon to stand and fall by as I am by this challenging any to brand me with the least of injustice I ever did them being ready with my fortune to make good what I prosecute The thing I aim at is a right understanding between the free and unfree men of England a perfect love every one injoying their own and to be governed under our known and wholesome Laws as also an obedience thereunto and not by a hidden Prerogative alias Charters It being a wonder there dare be such presumption in this Corporation to exercise such insolencies which were the greatest obstructors of our Nations Liberties by garisoning that Town The Mayor Aldermen and Recorder with the Burgesses and others against the free-born of England which prohibited all Trade from the 9th day of January 1642. to the 14th of November 1644 in that Port which caused Coals to be four pound the Chaldron and Salt four pound the weigh the poor Inhabitants forced to flie the Country others to quarter all Armies upon free Quarter heavy Taxes to them all both English Scots and Garisons Plundered of all they had Land lying waste Coal-pits drowned Salt-works broken down Hay and Corn burnt Town pulled down mens wives carried away by the unsatiable Scots and abused All being occasioned by that Corporations disaffection And yet to tyrannize as is hereafter mentioned I appeal to God and the World Ralph Gardner Charter-Law with its Practice discovered CHAP. I. Newcastle upon Tynes Patron King John surnamed without land Raigned 17 Yeres and 7 monethes died â—9 daiâ— of october 121â— Was buried att Worcester in the 51. Yere of his age A KIng John who usurped the Crown of England was only for formalities sake sworn by a Bishop who being demanded the reason why he did so said that by the gift of Prophecy certified that at some time King John would take the Crown and Realm of England and bring all to ruin and confusion he pretending the King his Brother was dead in the time of his being absent beyond Sea being the first Author of Charters for gain and people like himself for lucre of gain sold their Birth-right to become Bodies Corporate and oppressors of the free-born people of England For before Charters were all the Free-holders of England were free to make Laws for the good of the Nation but Corporations being subordinate to such Laws as he by his Prerogative gave them being repugnant to the known fundamental Laws of England In the first year of his reign dreadful tempestuous weathers by rains that the grounds were so spoiled that whereas corn was sold for one shilling the Boule in King Henry the seconds daies then cost 13 shillings the Boule also an abundance of fish found dead upon the Land by the corruption of the waters no hay could be mowed and hale as big as hens eggs B He was an Usurper a Tyrant a bloody person a Murderer a perjured person a covetous person a demolisher of famous Towns with fire and a seller of Englands Supremacy to the Pope whose reign was oppressive and end shame For further satisfaction I refer you to his true History I shall onely give a brief of some passages in his reign He made a Law that all Jews that would not turn Christians should pay a certain great sum of money or be imprisoned and when they did turn they they should have their money again a young Merchant paid 60 l. to continue a Jew and after turned to be a Christian then he demanded his money from the King but he being unwilling to part with money demanded what reason he had to turn and sent for his Father and Mother to dis-swade him and to perswade him to change again to be a Jew C He gave command that all the Jews in England and Wales to be forthwith imprisoned men women and children by reason they turned so fast to be of his Religion and then seized on all their riches to satisfie his covetous disposition and such as would not confess where their money was pulled out their teeth and eies and then took the thirteenth part of all estates moveable to war against the Earls of Marsh who desired him to forbear but he would not for which they dispossessed him of all his Lands in France c. He having little love to his Wife Izabel the Queen was divorced pretending she was too near of Kâ—n to him and so took another D He murthered Duke Arthur Earl of Brittan his eldest Brothers Son being Heir to the Crown in the Castle of Roan in France and chased William de Branes out of England and caused his wife and children to be starved to death in Winsor Castle He dis-inherited many of the Nobility without Judgement of the Law and put to death Ramp Earl of Chester for reproving him for lying with his Brothers Wife and reproached others of his Nobles telling them how often he had defiled their beds and defloured their Daughters E He granted to the City of London their Charter and Letters Pattents to chuse their Mayor yeerly in the tenth year 1210 who governs well c. F He removed the Exchequer from London to Northampton and got a great Army to go against the King of Scots but the King of Scots met him and did him homage and gave him his two Daughters as pledges and Eleven thousand Scotch Marks and upon his return took homage of the Free-holders of England and sware them to his allegiance all above 11 years of age G He made oath to be obedient to the Pope of Rome by name Innocentius to Randolphe his Bâ—ll who went with his Nobles to Dover where he met with the said Popes Bull and there resigned the Crown with the Realm of England and Ireland into the Popes hand See his Oath in chap. 59. B Upon which the Bishops who he had banished returned to England by leave from the Pope King John met them and fell flat upon his face on the ground and asked them forgiveness melting bitterly into tears c. H He grants the very next year after his power was given to the Pope unto the Town of Newcastle upon Tyne Letters Pattents to be a Corporation and to hold the said Town in Fee-farm at the rent of 100 l. per annum as by the said recited Letters Pattents in the second Chapter more at large appears An. 1213. Surely this Charter is not good by Law c. I He was the cause of firing the chief Town in Northumberland called Morpeth and caused many more Towns in England and Wales to be burnt The Barons of England being armed demanded of him the Laws and Liberties granted by King Edward the Confessor vulgarly called St. Edward he desired respite till Easter and gave Sureties to perform them K He met with the Barons of England in Running Meadow between Winsor and Stains upon the 16 of June granted under his hand to them the Liberties of England without
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
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.
Coals but the owners must either sel their Coals to the free Hoast-men at what price they please and then all ships must give them their own price or get none which makes Coals so dear R That no ship shall be loaden with Coals c. that will not do what the Mayor and Burgesses commands them by going up the River seven miles with ballast to their great losse of time and hurt of their ships S That ships have been often ten or fourteen daies in sailing up and down the River onely to discharge their Ballast they for the most part taking in their loading at Shields See chap. 32. C T That other ships which have taken in their loading at Shields with Coals and Salt have made their Voyage to London and back before such ships which were so compelled to Newcastle could get ready and ordinarily is the cause of their loss of three Voyages in the year by such compulsions See chap. 32. D U That they force all ships with materials brought in by Sea for the absolute use of the Salt-Works and coal-Coal-works at and near Shields to be carryed to Newcastle and laid out upon their Key though they have no use for the same and the customs being already paid and Officers at Shields attending often the boats that fetches them sinks in returning to Shields See chap. 50. C W That ships have often sunk in returning empty from Newcastle to Shields there being nothing to be had at Newcastle and such ships are onely to take in Salt or Coals at Shields No Salt to be got elsewhere but at Shields in that River and thereabouts See chap. 29 30 32. X That they will not tollerate any Seaman though never so able a Pilot to guide a strangers ship into the River over Tinmouth-Bar though he be in never so great distress but a Free-man must be sent for from Newcastle there being but two at Shields by means whereof the ship is often ready to be lost before any can get seven miles up and seven miles back again See ch 32. A Y That they force all ships though never so long great or weak to sail up the River to cast out their Ballast upon their Shoars for the gain of Eight pence for every Tun a ship carries which is an Arbitrary Imposition see chap. 32. B. C it formerly being but Four pence And one ship with another carrys an 100 tun every voyage c. See ch 29. C A B That they force Masters of ships to pay for Eighty tun when indeed they have but Forty tun and so oppress the poor Masters whereby the price of Coals must needs be enhanst See cha 44. A A F That they have spoiled the River with their Ballast Shoars by ships sinking in sailing up the River and returning back Their ballast-Shoars being so full and heavy and hilly that every showre of Rain and storm of Wind doth blow and wash down the ballast into the River besides the weight in pressing down the walls tâ— the great prejudice of the Commonwealth by the obstruction of the River and endangering of shipping See chap. 34. A 35. A. B A. G That by the negligence of the Commissioners for the River above Three thousand Tuns of ballast have fallen into the River in one Nights time See ch 34 C None taken up c. A. H That within this Twenty years where Twenty Ships of a certain burden could have rid afloat in most Road-steads in the River at a low water mark now not above Four ships can ride afloat c. See chap. 35. B A. I That ships have made Twelve Voyages in the year within this 20 years when they had liberty to cast their ballast at Shields and now they make but Four or Five Voyages only being obstructed by the Mayor Burgesses of Newcastle in compelling the ships up the River seven miles to cast out their ballast upon their own Shoars c. See chap. 32 D A. K. That they will not suffer any Ballast-shoars to be built at or near the Sheilds by reason the owners of the ground wil not sel it to them notwithstanding there are convenient places for Shoars for above this hundred years to come without any prejudice to the River and to the great advantage of the Commonwealth See chap. 29. C A. L. That they do hinder the stock of the publick Revenue above Forty thousand pounds per an in Customs declaâ—â— See Chap. 45. B. E. F. 32. D A. M That they do hinder a trade all the Winter season by reason neither ships nor boats can pass up the River which is often frozen below the ballast-Shoars called the Bill-point and half down the River it never freezeth lower See ch 35. B A. N That the Mayor and Burgesses of Newcastle have combined and made new Ordinances amongst themselves that what free Hoast-men or filler of Coals shall sell any Coals to such Ship-Masters as shall cast any ballast at Shields and not upon their own ballast Shoars shall forfiâ— and pay 20 l. a time or lie in prison till the same be paid See ch 43. D 30. D A. O That all such Coals as shall be sold and not being free of that Corporation shall be confiscated for the Corporations use See 21. Chap. A Some say if what is here alledged be nothing but the truth it were pity but they should receive judgement according to their respective offences but if it appear otherwise it were pity but the evidence upon oath with my self should receive the same judgement A. P That the Mayor and Burgesses by having betrayed the trust reposed in them by King James in the two and twenty Articles for the preservation of the River of Tyne have forfeited all that Corporations liberties into the States hand by the exorbitant abuses committed and neglect in not putting them in execution See chap. 13. A 34. C A. Q All which said charge was proved upon Oath before the Council at White-hall 1650. And the Committee for Trade and Corporations at White-hall in November 1653. And Order was given that Mr. Thomas Skinner be desired to draw up an Act for a free Trade in that Port and River of Tyne to present to the Parliament See Cha. 54. which Act was intended Whether it be consonant to Religion or reason that these things so perpetrated aforesaid against the good of a Commonwealth should be neglected and in not being timely regulated I refer to better judgements Ralph Gardner A. R. Mr. Mark Shafto Mr. Ralph Jennison Mr. Robert Ellison Mr. Tho. Bonner the Recorder and Aldermen of Newcastle with Mr. John Rushworth one Maddison and one Michael Bonner with many more of the Burgesses appeared at White-hall on the 29. of November being the day appointed for the Town to plead to the charge they having had the copy of the charge where the full Committee was met and many Parliament-men more where the Petition the charge the desires were read to the foregoing Gentlemen A.
other Masters of Ships proves the like B Thomas Hosilwood of London master of a ship upon his Oath said That all the Ballast-shoars above the Bill-reach have been the spoyl and ruine of the River of Tyne and doth beleeve that if no care be taken speedily therein there will be no Navigable River to the utter impoverishing of those Counties And a great prejudice of the whole Nation the greatest part of Navigation in that River being spoyled as appears in most Road-steads in the said River of Tyne what with the ballast falling in and ships sunck that when as within these twenty years twenty ships of the burden of two hundred Tuns could have rid afloat at low water At St. Lawrence Road-stead now not above three ships of the same burthen At the Hands and Dents hole Road-steeds where twenty ships of the same burthen now not above eight can ride afloat At St. Anthonies where twenty of the same burthen now not above three can ride afloat At the Bill Road-stead where twenty of the same burthen might have rid now not above six At the North Road-stead where twenty ships of the same burthen could have rid a float now not above four And at the South Road-stead where twelve ships of the same burthen could have rid a float at low water now not above three can ride B And that within these few years when ships did cast ballast at Shields without the molestation of the Mayor and Burgesses ships made ten or twelve Voyages in the yeer whereas now they can make but four or five Voyages See Stat. 34. Hen. 8 9. 23. Hen. 8. 5. Tho. Hasilwood Rob. Yaxley Geo. Philips Walter Keeble and Hen. Harrison with many more Masters of ships prove the like CHAP. XXXVI A John Hall B Ann Wallice C Thomas Rutter D Ann Cliff E Free Carpenter F Cliffs man A HEnry Harrison Master of a ship upon his Oath said that in April 1646. a ship sailing into Tinmouth Haven by storm was cast upon the rock near Tinmouth Castle The Master got a shoar with all expedition and obtained the present help of an antient Ship-Carpenter by name Thomas Cliff of North-Shields with three of his men to save the said ship from perishing which ship had been quite lost if the said Master should have run to Newcastle to have agreed with the free Carpenters whose excessive Rates * and demands often surmounts the value of the ship in distress and their tediousness in coming and going that distance that often the ships in distress are quite lost B The said Cliff and his men saved the ship and got her off and brought her to the lower end of the North Shields and laid her upon the Sands to mend her Where the three Carpenters were at work And Ann the wife of Thomas Cliff and Ann Wallice his Daughter standing to see their Servants work near unto the ship C The Mayor and Burgesses of Newcastle sent Thomas Rutter and John Hall two Sergeants with Thomas Otway Richard Tederick and other free Carpenters of Newcastle to Sheilds to seize upon all the aforesaid Work-men for daring to save any ship from sinking in that River with command to carry them to prison D The two women seeing their Servants trailing away railed against their evil practices for which Thomas Rutter with a club by several blows upon Ann Cliffs body and head knockt her down to the ground the other Sergeant John Hall by several blows with a Rule or Trunchion broke Ann Wallice her arme and then perceiving Souldiers coming from Tynmouth Castle both the said Sergeants fled to Newcastle where they were protected from the hand of Justice E The said Ann Cliff was taken up carried home got to bed and in few weeks dyed * thereon For which the said Rutter was indited and found by the Jury guilty yet did not suffer The said woman required her friends as they would answer it at the last day they should require her blood at the hands of Rutter he being her death The poor men kept in prison * and Cliff kept in suit at Law for his working by Newcastle and his men and they forced to give Bond never to work again See Chap. 25. B 29 E 30. F 1 Edw. 6. 12. * Henry Harrison Thomas Cliff and Elianor Lounsdale all prove the like CHAP. XXXVII A THomas Salkield Gent. upon his Oath said That he being at Shields in the County of Northumberland upon the Two and twentieth day of May 1653. saw a great number of men belonging to Newcastle with Swords drawn and Pistols cockt who invironed a Gentleman who was peaceably in his house and shot at some of the said Gentlemans servants and beat his Wife and much blood was spilt they pretending they came by Warrant and produced a Warrant from the Mayor Mr. William Dawson Mr. John Butler Sheriff of Newcastle to take him and carry him away to prison under pretence of debt but the Sea-men got ashoar sell upon the said Newcastle-men wounded and disarmed them and relieved the said Gentleman See Stat. 2 Edw. 3. 3. 4. Ric. 2. 37. Hen. 6. Tho. Salkield Lettice Hume Mary Hume and many others prove the same B Thomas Salkeild Gent. upon his oath said he knew a Gentleman cast into Newcastle Prison upon a bare Arrest in August 1652. And laid actions upwards of Nine hundred pounds where Twenty pound could not bee recovered And kept him lockt up in a prison from all comforts in a Tower above 36 foot high being forced to evacuate in the same Room he lay and eat his meat by reason he was locked from the house of casement C He offered good Bayl Free-men of Newcastle who were accepted and entered in the book and two daies after raced out again and he still kept there He desired to be admitted to defend his own Cause in their Court but they refused it D Desired to go with a Keeper to Counsel which was also denied His Friends and Servants often not admitted to come to him E Proffered good Bond to be a true Prisoner to the end he might have the benefit of the fresh Aire for preservation of his health but at the Goalers house which the Sheriff granted at the first but presently after refused saying that the Mayor Aldermen and himself had a meeting and resolved he should have no liberty being an enemy against their Privileges G The said Gentleman offered them that what any could recover against him by Law they should have it without Law H Constrained to drink the Goalors Beer not fit for mens bodies I No Tryall ever against him They disobeyed two or three Habeas Corpusses which the Sheriff received and his Fee and was proffered to have their charges born but never returned them K Refused substantial Bond to appear at London before the Judges And after five months imprisonment he brake prison in February following L And he further affirms That upon the third of February 1652. one John Cuthberison being imprisoned upon
of London Creup upon his Oath said That Mr. Thomas Partridge of Gateshead Master being loaded at Newcastle by Thomas Read Fitter with bad and unmerchantable Coals which he had sold for good Coals to Mr. Clark of London and M. Oâ—ridge M. Godfrey M. Harrison and others at the rate of 31 l. the score but proving so bad that he was threatned to be sued by the said Gentlemen that bought them and was constrained to compound for the same and lost 6 li. in every score And that he hath known much bad Coals which the Freemen of Newcastle forceth Masters of ships to take to the great loss on all hands Nicholas Pye Pray look into the tenth year of King James what punishment hath been for the same formerly The said Thomas Read did give 20 li. as part of satisfaction to the said M. Tho. Partridge the Master and in consideration of his great wrong c. B Captain Gregory Butler Captain of a man of War for the Parliament upon his Oath said That in April 1650. He this Deponent wanting some ballast for his ships use being at Shields required a Master of a ship of Yarmouth to cast his Ballast into his ship for the States use which the said Master did with much care and no prejudice to the River C For which the Mayor and Burgesses of Newcastle refused to suffer any Coals to be laid on board of his ship till he paid 5 li. fine for this contempt and forced him to pay a fine and to pay eight pence for every Tun of ballast besides computing it to 48 Tun and then and not before he could get any Coals See chap. 44. Gregory Bâ—â—ler Thomas Partridge Master affirms that Mr. Alderman Samuel Rawling forced him to pay for 80 Tunâ— of ballast when he carryed but 42 Tun. Every Freeman pays six pence the Tun and un-Freeman pays eight pence there is no warrant to demand any such sum Tâ—omas Partridge D Richard Leaver of Ipswich master of a ship upon his Oath said That for his casting out ballast at Shields upon a more convenient shoar than any was at Newcastle and without any hurt to the River went to Newcastle to the Coal-Fitter to be laden but could get none by reason of a combination of the Free Hoast-men who had made a new Ordinance * amongst themselves in the Free Hoast-mens Court that who should dare to sell a Coal to any such Master of a ship as did not cast ballast upon the Town shoars should forfeit twenty pound a time E Upon which this Deponent waited above ten dayes and could not get Coals for money but at last prevailed with one of the Fitters of Coals at Newcastle by promising him to save him harmlesse and he would load him which was done For which the said Mayor and Burgesses cast the said Fitter into prison where he lay till a Fine of five pound was paid for his ransome with other Charges which he this Deponent was forced to pay besides losse of his Voyage This was without any triall at Law c. See 19. Hen. 7. 7. * 28. Ed 3. 3. Rich. Leaver CHAP. XLIV A RIch Leaver of Ipswich Master of a ship upon his Oath said That for the only gain and advantage of some Aldermen and a few other private persons of the Town of Newcastle no Masters of ships can be tollerated to cast Ballast in any part but at their Ballast-shoars which is unlawful and very prejudicial to the River and Trade And must often pay for eighty Tun of Ballast * when indeed there is but forty to be paid for B And do hinder all Coals from being sold to any ship which do cast Ballast at Shields upon as sufficient Shoars and better than the other both for the good of the River and lesse hurt to ships and more Voyages made in the year C Also that the Mayor and Burgesses do prohibit all the Coal-Owners in both Counties of Northumberland and Durham for selling their own Coals it tending to the said Owners utter undoing and the cause of many Voyages lost in the year to the great prejudice of the poor and much losse to the State D And that there is more convenient places to build Ballast-shoars which will last for hundreds of years without hurt to the River at and neer Shields then where they are at present See Chap. 43. See the following Deposition Richard Leaver Cap. Butler Samuel James Cap. Philips and Jeremiah Low proves the like E Thomas Cartwright of Lyn Merchant upon his Oath said That by reason all Coals are ingrossed and sold by the Free-men the Mayor and Burgesses of Newcastle onely tends to the great impoverishment of the Coal-owners of the two Counties where all the Coals are F Also that it is the cause of the high and excessive Rates of Coals at London and Sea-coasts and losse to the Masters several Voyages in the year G And to the State likewise in customes of the three shillings per Chalder H And that he hath known many ships denied to be laden with Coals only for casting ballast at Shields to their extraordinary losse which is the cause of Coals being sold the dearer they staying so long for them I And that the said Mayor and Burgesses being the sole cause hereof and likewise engrosse all provisions coming in by Sea and sets their own Rates thereon and takes excessive * Towl one peck of every grain of Corn. See Stat. 22. Hen. 8. 8. * See Chap. 44. C A. Tho. Cartwright Mr. Symonds and Wil. Reavely proves the like 1 The pre-emption of Tyn Soap Salt Cards c. was adjudged grievous and why not Coals which is of as great use nay more as appears by Ordinance of Parliament 1640. A also they were damned by the judgement of the sage Judges in Sergeants-Inn upon a Conference then had before that Parliament began as being repugnant to the Law 2 And why a Monopoly of Coals more upon the Owners then on any thing else in England And more of them to be inslaved then any other people of England I appeal to God the whole world as also to the Coal-Engrossers themselves whether it be just c. CHAP. XLV A DEcember 1653. A Charge was exhibited to the Committee for Inspections and advance of Customes against Mr. George Dawson Collector of the Customes of Newcastle the Contents being as follows viz. B That the State hath been and is much wronged in their Customes in that Port by reason some of the said Customers are Traders Merchants c. And many ships vexatiously troubled without just cause onely by reason they buy not their Coals from them and ordinarily give Coals for reparation Custome-free As also a second charge exhibited to the Commissioners of Customes not doubting but to receive Justice at either place here follows the Deposition viz. C Jonas Cudworth of Newcastle upon Tyne Draper upon his Oath * in December last said That Mr. George Dawson of Newcastle Collector of the Customes
the Realm and to the dislike of all the good members thereof and what punishments she hath imposed upon the Transgressors therein and by whom and in what manner to be inflicted especially upon Murder Robbery Riots Forgery Perjury Extortion and Oppression in any of which cases any person maketh it his own cause and doth in a sort take it to be done to himself and ought to reduce the Transgressor Nay his Highnesse by his Oath and all people else are bound to punish them as being Transgressors of his Laws and disquieters of the Peace therefore ought to be rooted out as the Husbandman the thistle from the good corn and the Gardner his nettles from his sweet flowers wherefore seeing a guilty person in any of the offences aforesaid is persecuted in deed or consent by all wishing well to the Weal-publick or their own private estate It is requisite that good men which eschew to offend for the love of vertue and evill men which fear to offend for the dread of punishment should both know those Laws which they are to make use of and the penalties which be threatned to the infringers thereof to the intent the good man having a will to stand may trust to his feet remain firm and continue his integrity and the evill man beginning to stagger may bend his endeavour to stay and slide no further this labour being to the intent that the well-meaning man being made the better and he or they that before were lewdly disposed the lesse hurtful may all at the last meet and joyn in seeking and â—urtherance of that peace which will be comfortable to the Lord Protector and Nation and pleasing both to God and man These Laws are preservers of the peace and layes heavy punishments upon the withstanders or deniers thereof they are his Highnesse Privy Councellors incessantly respecting the preservation of his Person and Dignity they be as his Gentlemen Pentioners attending daily his presence to do him all Honor and Service being as the Yeomen of his Guard waiting day and night to protect him for his protecting the Nation and them and from all forcible assaults and other perils Also they be as his great and goodly Ships which hath purchased Freedome on the Seas and now lyes hovering up and down as his Castles and strong Forts of defence as wel as they which stand upon the land wherewith he doth prevent foreign Hostility represse inward tumults so keep himself and the people in peace and safety Likewise as his Judges Justices Sheriffs Constables and other Officers watching every hour and moment in all Shires and Counties places and corners of the Nation to represse outrages and to maintain peace To maintain these Laws every good member hath the like benefit as himself hath for in fear of them every person doth enjoy his life and limbs in peace and is defended from the bloody-minded Murderer and Man-queller and the rage of the furious Quarreller and Fighter and in fear of them the house-keeper resteth in peace with his wife and family under his own roof the terror hereof doth often restrain godlesse people from committing perjuries frauds and deceits and impudent and shamelesse men to wrest from others by Bribery Extortion or Oppression And divers there be who neither by the Laws of God of Nature or Reason will be bridled and reduced to vertue yet by the penalties and fear of our Capital and Criminal Laws do yeeld to be curbed And we should now observe with what care our Forefathers had from one Age to another and what Ordinances they established in Parliament that several Penal Criminal and Capital Laws and Statutes should be read or proclaimed in Churches in Fairs in Markets at the General Assizes and Quarter-Sessions of every County at Leets and Law-dayes and in every Inns of Court and Chancery and how the same is continued and put in practice to the intent that the same Laws and the penalties thereof should be heard learned known and understood by all sorts of persons willing to perceive and apprehend the same Charter-Law is not so but like the foul Spirit in the Air still ranging never at rest nor will let others take any never seen but heard in every corner striking at the pure Law to advance it self it forces people to a kind of an Order in a Town and the whole Nation to a disorder The chiefest reason why I give a recital of the Penal-Laws is that the ignorant may see how well they are provided for and not to be left blind and only being instructed by the Extortioner himself what they must pay for Fees c. but that they may know themselves and to remedy themselves when offended for such Oppressors would discover no more for safety of their purses or bodies then care was taken formerly for others souls when it was ordained that the Bibles should be in Latine and not in English as appears by Statute the 34. of Henry 8. several persons restrained from reading the Bible in English c. to keep them in ignorance c. CHAP. LVIII The Oath of an Attorney at Law A YOu shall do no Falshood nor consent to any to be done in the Court and if you know of any to be done you shall give knowledge thereof unto my Lord Chief Justice or other his brethren that it may be reformed You shall delay no man for lucre or malice You shall increase no Fees but shall be contented with the old Fees accustomed You shall plead no foreign Plea nor suffer no foreign Suits unlawfully to hurt any man but such as shall stand with order of the Law and your Conscience You shall seal all such Proses as you shall sue out of the Court with the Seal thereof and so the Kings Majesty and my Lord Chief Justice discharge for the same Yee shall not wittingly nor willingly Sue nor procure to be sued any false Suits nor give aid nor consent to the same in pain to be expulsed from the Court for ever And furthermore You shall use your self in the Office of an Attorney within the Court according to your learning and discretion So help you God See Stat. 3. K. James 7. The Oath of an Vnder-Sheriffe Bayliffe of Franchises Deputies and Clerks of Sheriffes and Vnder-Sheriffes Stat. 27. Eliz. 12. B I A. B. shall not use or exercise the Office of Under-Sheriffe corruptly during the time I shall remain therein Neither shall or will except rejoyce or take by any colour means or device whatsoever Or consent to the taking of any manner of Fee or Reward of any manner of person or persons for the impanielling or returning of any Inquest Jury or Tales in any Court of Record for the Queen * or between party and party above two shillings or the value thereof or such Fees as are allowed and appointed for the same by the Lawes and Statutes of this Realm But will according to my power truly and indifferently with convenient speed impanel