beseecheth her Grace to increase inrich inlarge and establish as much as in her lay their Authorities and Jurisdiction in Sea-businesses with larger Priviledges Exemptions Liberties and Immunities and those being called by various names to establish into a certain Body and reduce and create the Name of the Incorporation upon which Petition the Queen made the Town and Corporation of Newcastle a free Town in these words D That the Burgesses and Inhabitants of the said Town from henceforward for ever shal be one body Corporated or body Politick in substance Fact and name by name of a Mayor and Burgesses And that by that name they may have perpetual succession And persons able in Law capable to have purchase receive and possesse Lands Tenements Liberties Jurisdictions Franchises and Hereditaments of what kind nature or form soever they shall be to them and their Successors in Fee and perpetuity And to assign them over by the name aforesaid And by the same name to implead or sue and be sued answer or to be answered defend or be defended in any Court of Record E And to have a common Seal for their causes and businesses and to break and change the same at their pleasure F Likewise she confirms by the said Charter to the said Mayor and Burgesses and their Succesors that they onely of the said Town with its Members and Appurtenances and also that they may have all the same Customes Liberties Priviledges Franchises Immunities Exemptions Qâ—ittances and Jurisdictions how many and how much soever hath been granted by former Kings by what name or names soever or by what pretence they have or do enjoy or claim the same To have and to hold and to be holden of the said Queen in Fee-farm c. G Also grants by the said Charter unto the Mayor and Burgesses and their Successors full authority power and faculty of Mittigamus constituting ordaining making and establishing from time to time such Laws institute Judgements Ordinances and Constitutions according to their sound discretion being good wholesome and necessary for the publick good and weal and common profit and good rule of the said Town H The Mayor and Burgesses have power hereby to inflict punishments pains penalties and imprisonments of bodies and by Fines or Amerciaments may levy and have to them and their Successors without calumny or impeachment requiring all persons to yeeld obedience to such Laws c. Provided those Laws Ordinances Institutions and such like Customes be not repugnant to the Laws and Statutes of England I Also that the Grants which the said Town of Newcastle and the Circuits Precincts and Jurisdictions thereof to stand as well in breadth as length as well by land as by water as was accustomed before the memory of man as they were wont to extend themselves and in the River of Tyne from a place called Sparhawk in the Sea to Headwin streams seven miles above Newcastle-bridge And to pull down all walls hedges and blocks offensive c. K And further by the said Letters Pattents the Queen doth grant unto the said Mayor and Burgesses upon the surrender of the same Letters Pattents of the same High Admiral of England by death forfeiture surrender or other means to become void for ever And may have and hold within the said Town one Court of Admiralty of Record every Munday throughout the year In which Court the Mayor or Recorder to be one And to begin upon the vacancy of the said Office to hold by plaint in the same Court to be levied all and all manner of Pleas Suits Plaints and Demands For which Debts Contracts Covenants Trespasses and Deceits Matters and Offences whatsoever to the said Court of Admiralty belonging and to hold Court of Pleas according to the Laws and Customes of the said Court of Admiralty of England and other Legal wayes and means whereby the truth may the better be known with power of any temporall constraint or mulct or any other pain according to the Laws and Customes of the said late Queens Court of Admiralty of England to be compelled or to do and administer Judgement the order of Law being kept L And likewise she ordains Justices of the Peace to conserve the Peace in the said Town and Port for the putting in execution the Statutes and Ordinances made at Wstminster in the eighteenth yeer of King Edward the third concerning forestalling of Merchandizes upon the water or upon the Sea And the thirteenth of Edward the first the five and fortieth of Edward the third the thirteenth of Richard the second and seventh of Henry the fourth and Henry the sixth the four and thirtieth of Henry the eighth and the fifth and sixth of Edward the sixth Statutes at Westminster against Regrators Fore-stallers and Ingrocers to enquire after such offenders against the Laws and Statutes aforesaid to hear and determine such like Indictments and Punishments M That the Sergeant at Mace all Juries Pannels Inquisitions Attatchments Precepts Mandates Warrants Judgements Sentences Processes or other things whatsoever to do for the dispatching thereof N The Queen gives further power unto the Mayor to choose all Officers in the said Court whatsoever to remove and expell them as they shall see cause according to Law and Equity O That the Mayor Recorder and Aldermen three or more of them whereof the Mayor or Recorder to be one of them may have for every acknowledgement of al and singular such like Pleas Plaints Suits and Demands of Debts and other Sea-businesses and offences and also disseizing of all wrecks * at Sea or Port happening and of the death drowning and viewing of all dead bodies of what persons soever which in the said Town and Port howsoever slain or drowned or to be slain drowned or murthered or brought to death by any other means P Also the custody and conservation of the Statutes the wreck at Sea and of the Office of Coronors in the third and fourth year of King Edward the first and to punish Delinquents according to Law Q The Mayor of the same Town for ever hath hereby power to receive acknowledgements for any cause whatsoever in the Admiralty Court determinable and to record and enrole the said Recognizance to release cancel lessen and qualifie at their pleasure according to Law Also to demand execution according to the manner of the said High Court of the Admiralty of England R The said Queen doth give and grant by the said Letters Pattents unto the said Mayor and Burgesses and their Successors all and singular Fines Redemptions Issues Amerciaments Forfeitures Perquisites and profits whatsoever appearing happening coming assessed imposed or taxed or then after to be upon any by the aforesaid Court for their own proper use and behoof without any account to the said Queen or her Heirs to be levied so soon as ever it shall be adjudged by them without any unquietnesse
all Jurors and return all such Writ or Writs * touching the same as shall appertain to be done by my duty or Office during the time I shall remain in the said Office So help me Gd and by the Contents of this Book The reason I write these Oaths is that perjury may the better appear to be punished in Officers as well as others The Oath of a Jury C You shall truly enquire and due presentment make of all such things as you are charged withall on the Lord Protectors behalf the Lord Protectors Council your own and your fellows you shall well and truly keep and in all other things the truth present So help you God c. The Oath of those that give evidence to a Jury upon an Indictment D The Evidence you shall give to the enquest upon this Bill shall be the truth the whole Truth and nothing but the truth and you shall not let so to do for malice hatred or evil will nor for meed dread favor or affection So help you God and the holy Contents of this Book CHAP. LIX King Charls his Oath at his Coronation with his hand upon the Bible at the Altar A SIR Will you grant and keep and by your Oath confirm to the people of England their Lawes and Customs to them granted by the Kings of England your lawfull and Religious Predecessors and namely the Laws Customes and Franchizes granted to the Clergy and to the people by the King St. Edward your predecessor according and conformable to the Laws of God and profession of the Gospel established in this Kingdom and agreeing to the Prerogatives of the Kings thereof and to the antient Customs of this Realm Respons I grant and promise to keep SIR Will you keep peace and agreement intirely according to your power both to God the holy Church the Clergy and the people Respons I will keep it SIR Will you to your power cause Law Justice and Mercy in discretion and truth to be executed in all your Judgements Respon I will SIR Will you grant to hold and keep the Laws and rightfull Customs * which the Commonalty of your Kingdom have and to defend and uphold them to the honor of God so much as in you lieth Respons I grant and promise so to do and shall observe and keep So God me help and the Contents of this book King Johns Oath and fealty to the Pope Innocentius An. Dom. 1213. B JOhn by the Grace of God King of England France and Ireland from this hour forward shall be faithful to God and to St. Peter and to the Church of Rome and to my Lord Pope Innocentius and to his Successors lawfully entering I shall not be in word and deed in consent or counsel that they should loose Life or Member or be apprehended in evill manner their loss if I may know it I shall impeach and stay so far as I shall be able or else so shortly as I can I shall signifie unto them and declare the same unto you the Councill which they shall commit unto me by themselves their Messengers and their Letters I shall keep secretly and not utter to any man to their hurt to my knowledge the Patrimony of St. Peter and especially the Kingdom of England and Ireland And I shall endeavor my self to defend against all men to my power So help me God and the holy Evangelist Amen See his reassignation of the Liberties after this Oath to the Barons of the Liberties of England in ch 1. K CHAP. LX. The Oath of a Mayor of a Corporation A YOu shall swear that you well and truly shall serve the Keepers of the Liberties of England by authority of Parliament and the Commonwealth in the Office of a Mayor and as Mayor of this Town and Borough of Newcastle for and during the space of one whole year now next coming and you shall minister equal Justice as well to the poor as rich * to the best of your cunning wit and power and you shall procure such things to be done as may honestly and justly be to the profit and commodity of the Corporation of this Town And also shall indeavor your self to the utmost of your power to see all Heresies Treasons Fellonies and all other Trespasses Misdemeanors * and Offences whatsoever to be committed * within this Town and Borough during the time of your Office to be repressed reformed and amended * and the Offenders duly punished according to the Law * And finally you shall support uphold and maintain the Commonwealth within this Town prescribed Customs Rights Liberties Jurisdictions Franchizes Compositions and all lawful Ordinances of this Town and Borough * And as concerning all other things appertaining to your Office you shall therein faithfully and uprightly behave your selfe for the most quietness * benefit worship honesty and credit of this Town and of the Inhabitants thereof So help you God The Oath of Burgesses of Corporation B YOu shall swear that you well and truly shall serve the Keepers of the Liberties of England by authority of Parliament and the Inhabitants of this Town and Borough of this Town as one of the Burgesses of this Town and shall minister equall Justice to poor and rich after the best of your cunning wit and power And also shall well and truly observe perform fulfill and keep all such good Orders Rules and Compositions as are or shall be made ordered or established by the Common-Council of this Town for the good Government thereof in all things to you appertaining And you shall not utter or disclose any counsel or secret thing or matter touching the Fellowship or Corporation of this Town whereby any prejudice loss hinderance or slander shall or may arise grow or be to the same Corporation But you shall in things belonging to the Fellowship or Corporation of this Town faithfully honestly * and indifferently behave your self for the most benefit and honesty of this Town and the Inhabitants thereof So help you God The same Oath is for the Aldermen Where the Stars are in the Lines there will appear breaches CHAP. LXI The Oath of a Sheriff A YOu shall swear that you shall well and truly serve the Keepers of the Liberties of England by authority of Parliament in the Office of a Sheriff of the County of N. And do the Keepers of the Liberties of England profits in all that belongeth you to do by way of your Office as far forth as you may or can Yee shall truely keep the Keepers c. and all that belongeth to them Ye shall not assent to decrease to lessen nor to concealment of any of their Rights or Franchizes and whensoever yee shall have knowledge that their Rights be concealed or withdrawn be it in Lands Rents Franchizes or Suits or any other thing ye shall do your true power to make them be restored to them again And if ye may not do it ye shall certifie them thereof such as you know for certain will
paid c. K London-Derry onely for exceeding their power in their Charter were served the very like c. This Writ would do the like to Newcastle if acted for exceeding their powers and not burying Mr. Snapes son one Gray and William Rea who were drowned in that River as they are tyed to do by Charter See Chap. 10. O. P. And see Chap. 29. A 48. B 49. Y No distresse without Warrant L Stat. 34 Ed. 1 2. The King ordains that no officer of his or his Heirs shall take any Corn Cattle or any other goods whatever from any person without the good will and assent of the party to whom the goods belonged See Chap. 47. A 30. B King Edward the Second King Edward the 2. surnamed Carnaruen was crouned att Westminster at the 22. Yere of his age the 24. of febru 1308. he Raigned 19 Yere 6 monethes was deposed the 25 of Ianiâ—arius 1326. he was slayne in the Castle of barkley in the 43 yere of his age Breaking of Prisons A STat. 1. Ed. 2. 1307. By the Common-Law of England if a man had been imprisoned and broke the prison he should have been hanged for what cause soever he had been imprisoned yea although it had been but for Trespass which great enormity was redressed by this Statute of 1 Edw. 2. intituled De frangentibus prisâ—nam the words where be these Touching Prisoners breaking of Prison our Lord the King doth will and command that none which from henceforth do break prison shall have Judgement of life and member for the breaking of prison onely except the cause for the which he was taken and imprisoned doth require such Judgement if he should have been convicted thereof according to the Law and Custom of the Realm though in times past it hath been otherwise used and therefore it is to be considered who is a prisoner and what is breaking of prison according to the meaning of the aforesaid Statute every person who is under arrest for Felony is a prisoner as well being out of the Goal as within so that if he be but in the Stocks in the Street or out of the Stocks in the possession of any that hath arrested him and doth make an escape that is a breaking of prison in the prisoner for imprisonment is none other but a restraint of liberty Rast pla fo 247. 340. Kil fo 87. Dyer fo 99. Fitz. Coron 134. Bro. Coron 79. Unsufficient Sheriffs B Stat. 9. Edw. 2. 1315. The King receiving great complaints from the great men and people in Parliament throughout the whole Realm perceived great damage done to him and great oppression and disheritances to his people by reason of unsufficient Sheriffs and Bailiffs the King resolved to prevent such evil oppressions and disheritances by the assent of his Prelates Barons c. Enacted that the Sheriffs shall have sufficient Land within the same Shire to answer the King and his people and to attend his Office and if any Sheriffs or Hundreders be unsufficient shall be removed * and others more convenient put in their place that none shall farm his Land That Writs sent to the Sheriffs shall be executed by the Hundreders sworn and known they to be such as have Land to answer and not by others so that the people may know to whom to sue such Execution saving always the Returns of the Writs to them that have them or ought to have them The King by his Prerogative shall have the Wreck of the Sea C Stat. 17. Edw. 2. 11. It is Enacted that the King shall have the Wreck of the Sea throughout the Realm Whales and great Sturgion taken in the Sea or elsewhere within the Realm except in certain places privileged by the King See Stat. 3. Edw. 1. 4. Rast pla fo 611. Co. lib. fo 106 108. 1. Hen. 7. fo 23. 11. Hen. 4. fo 16. 9. Hen. 7. fo 20. 35. Hen. 6. fo 27. See ch 10. S 30. A 29. D 30. C The King shall have all Felons goods D Stat. 17. Ed. 2. 17. Be it Enacted the King shall have the goods of all Felons attainted and Fugitives wheresoever they be found and if they have Free-hold then it shall be forthwith taken into the Kings hands and the King shall have all profits of the same by one year and one day and the Land shall be wasted and destroyed the Houses Woods and Gardens and all manner of things belonging to the same excepting men of certain places privileged by the King therefore and after he hath had the year and the day and the waste then the Land shall be restored to the chief Lord of the same fee unless that he fine before with the King for the year and the day and the waste Nevertheless it is used in the County of Glocester by custom that after one year and a day the Lands and Tenements of Fellons shall revert and be restored to the next Heir to whom it ought to have discended if the fellony had not been done And in Kent the custome is Gavel kind the Father to the Bow and the Son to the Plow All Heirs Male shall divide their Inheritance and likewise women but women shall not make partition with men and a woman after the death of her Husband shall be endowed of the moiety and if she commit fornication in her Widowhood or take an Husband after shall loose her Dower Fitz N. B. fo 144. Regist fo 165. V. N. B. fo 99. V. N. B. fo 5. See chap. 10. S 53. A King Edward the Third Eduard the 3. borne at winsâ—r was Crowned at westminster the 2. of feb 1327. being 15. Yeares olde Raigned 50. yeares 4 months 24 dais Dyed the 21 of June 1377 lyeth buired in west Enquiry of Goalorâ— which shall procure Prisoners to become Appealers A STat. 1. Edw. 3. 7. Be it Enacted for the eschewing the damages and destruction that often doth happen by Sheriffs Goalors and keepers of Prisons within Franchizes and without which have pained their prisoners and by such evill means compel and procure them to become appealers and to appeal harmless and guiltless people to the intent to have ransom of such appealed person for fear of imprisonment or other cause the Justices of the one Bench and of the other and Justices of Assizes and Goal delivery shall by force of this Statute enquire of such compulsive punishments and procurements and hear the complaints of all them that will complain in such cases by Bill and shall hear and determine such plaints as well at the Suit of the party as at the Kings Suit Stat. 13. Edw. 1. 12. 14. Ed. 3. 10. Rast pl. fo 56. None to ride armed except c. B Stat. 2. Edw. 3. 3. Be it Enacted that none shall ride or go armed but such as are the Kings Servants or being licenced nor his Officers to do their Office by force of Arms nor bring any force in an affray of the peace neither to be armed by day not
John as by the said Letters Pattents appeareth The said King John was the cause of burning Morpeth the chief Town in Northumberland and many more Towns in Wales because of the enmity between him and the family of the Bruces who originally were planted in Wales Wherefore the said Charter made by the said King John to the said honest men of Newcastle upon Tyne cannot be valid in Law because in the fourteenth year of his Reign he subjected himself to be a Vassal to the Pope of Rome as is aforesaid and for many other reasons mentioned in the said Charter it self considered in themselves In this Charter of King John that he grants to the honest men of Newcastle upon Tyne he mentions not the Port of the River of Tyne from Sparhawk at Tinmouth-Bar upon the Sea to Hadwyn streams above Newburn in Northumberland neither is there so much as one syllable whereby the said King grants to them the two third parts of the said River or any of the Fishing between the said places c. CHAP. III. A KIng Henry the Third being earnestly supplicated by the good men of Newcastle to confirm King Johns Charter which was done upon the second day of July in the year of our Lord 1234. the said King Henry did not inlarge their jurisdiction at all but onely grants them the Charter in the very same words as King John had in his Charter granted B King Henry the Third by his Letters Pattents under the Great Seal of England dated at Westminster the first day of December in the three and twentieth year of his Reign upon the good men of Newcastles supplication thought it fit to give them Licence to dig Coals and Stones in the common Soil of that Town without the walls thereof in the place called Castle-field and the Frith and from thence to draw and convert them unto their own profit in aid of their said Fee-farm Rent of a 100 â— per Annum and the same as often as it should seem good unto them the same to endure during his pleasure which said Letters Pattents were granted upon payment of twenty shillings into the Hamper nothing more was given neither Lands c. but only to work the Coals during pleasure for their own use C King Henry the Third was petitioned again by the same honest men for so they were called by King Johns Charters probi homines That his Majesty would be graciously pleased to give them all the Stone and Coals in a place called the Frith adjoyning to the former the better to enable them to pay their Fee-farm Rent which also was granted paying forty shillings per Annum into the Hamper upon the eleventh of May in the one and thirtieth yeer of his Reign All which Coals and Stones have do and will amount to many thousands of pounds yet no land above the said Coals was granted unto them CHAP. IV. A KIng Edward the First in the Nineteenth yeer of his Reign was supplicated by the good men of Newcastle to grant them a sum of money and a Licence for the building of a Wall round the Town on which Wall one of the Mayors of Newcastle was hanged as by the Record of the Registery appears That two third parts of the River of Tyne from Sparhawk to Beadwyn shelves were in this Kings hands And for such Lords as held any Fishings on the South-side of the said River of Tyne which went to the Mid-stream they were meer intruders of one sixt part more then was their own for whereas they were to have had but one third part they claimed half B And that this King gave Licence to build a Wall about the Town of Newcastle and gave mony towards this wall which was not bestowed C And that divers purpreslures were then incroached upon by the good men of the Town of Newcastle upon the Moat of the Newcastle built by William Rufus adjoyning thereunto And to the end that the then Sheriffe of Northumberland might present these incroachments into the Chancery whereby to discover their unjust dealing and intrusion upon the said Moat of the said Castle they the said good men gave to him the said Sheriffe a gift or bribe of ten Marks that he might not vex them as by the said Record more at large appears c. CHAP. V. THe said King Edward the Third by his Letters Pattents dated at Westminster the tenth day of May in the one and thirtieth yeer of his Reign confirms all former Charters with an addition of his own that he for himself and his Heirs Granted Demised and Confirmed unto his honest men of the Town of the Newcastle upon Tyne his Town of Newcastle before called Manchester with all its Appurtenances for a hundred pound per Annum to be paid to the said King and his Heirs c. Which he the said King confirms to the said men and Burgesses and to their Heirs for ever And because on the behalf of the said Burgesses of the said Town it was humbly supplicated to the said King That whereas the said Moore and Lands called Castle-fields and Castle-moor on the North-side of the said Town of Newcastle from a certain place called Ingler Dike c. as the same are butted and bounded c. even to the said Town of Newcastle are the lands and soil of the said Town of Newcastle belonging to the same beyond memory with all profits coming of the said Lands Moor and Soil as by an Inquisition thereof taken and returned into the Chancery appeareth And albeit the said Burgesses and their Predecessors from the time they have had the said Town to farm they have held the said Moor and Land as though it were appertaining to the said Town and have alwayes hitherto peaceably and quietly had and reaped all the profits coming of the said Moor and Lands yet the said Burgesses now they are turned from honest men to Burgesses the next will be to For that there is no mention made of the said Moor and Lands albeit they be of the Appurtenances of the said Town do fear that they may be impeached afterwards and for that the said Town as well by reason of the last Pestilence at that time as by the hazards of Wars and divers other adversities was so impoverished and destitute of men that the profits of the said Town sufficed not for the payment of the said Farm as they then pretended The said King being willing to provide for their indempnity in that behalf and for him and his Heirs granted that they and their Heirs might have and hold the same Moor and Soil as if it were appertaining to the said Town with all profits out of the same c. And that they the said Burgesses and their Heirs in the said Moor and Lands may dig and may have Coal Slaiâ— and Stâ—ne there and from thence may draw them and may make their profit of the said Coals Slait and Stones and other profits coming out of the said
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
or else be set in the Pillory and lose one of his ears and shall be taken as an infamous man and his sayings and oath not to be credited in matter of judgement And if any such Conspiracy Câ—venant or Promise be had or made by any Society Brother-hood or Company of Craft-mystery or occupation of the Mysteries afore-mentioned with the presence or consent of the most of them that then immediately upon such act of conspiracy Covenant or Promise had or made over and besides the particular punishment before in this Act appointed for the offender their Corporation shal be dissolved to all intents constructions and purposes and that none do presume to hinder any Free-Mason Rough Mason Carpenter Bricklayer Plasterer Joyner Haâ—d-hewer Sawyer Tyler Pavier Glasier Lymebuâ—ner Brick-maker Tyle-maker Plummer or Laborer born in this Realm or made denison to work in the said Crafts in any City Borough or Town Corporate with any person or persons that will retain him albeit the said persons so retained or any of them do not inhabit or live in the said Town c. nor be free of the same City c. any Statute Law Ordinance or other thing to the contrary upon forfeiture of five pound a time half to the King and half to the party suing to be recovered by Bill c. no wager of Law or protection allowed c. See Chap. 29. E 30. F. 36. A. Robbing within a Market of a Fair Booth Tent c. C Stat. 5. 6 Ed. 6. 14. Be it Enacted that no person or persons which shall happen to be found guilty after the Laws of this Realm of and for robbing any person or persons in any Booth or Tent in any Fair or Market the Owner his wife children or servant then being within the same Booth or Tent shall not be admitted the benefit of his or their Clergy but excluded thereof and suffer death without consideration whether the said persons within shall be sleeping or waking See Chap. 47. B 49. D 51. A 11. N. Fore-stalling Regrators Ingrâ—cers D Stat. 5. 6. Edw. 6. 14. The Law being so good against these offenders that I shall give Poultons Exposition thereof viz. They deserve to be reckoned amongst the number of Oppressors of the common good and publick weal of the Nation for they do endeavour to enrich themselves by the impoverishing of others and respect not how many loses so they may gain They have been exclaimed of and condemned in Parliament from one Generation to another as appears by many Statutes at least fourteen Statutes especially Fore-stallers as apppears by 34 Ed. 1. when it was ordained that no Forestaller should be suffered to dwell in any Town for he is a manifest oppressor of the poor and deceiver of the rich a publick enemy of the Country a canker a moth and a gnawing worm that daily wasteth the Commonwealth And the name and act of a Forestaller was so odious that it was moved in Parliament to Enact that a Forestaller should be bated out of the Town where he dwelt by Dogs and whipped forth with Whips Newcastle would have been empty and by this Statute it declareth who are offenders and what punishment to be inflicted That whatsoever person or persons shall buy or cause to be bought any Merchandize Victual or other thing coming by land or water towards any Fair or Market to be sold in the same or coming towards any City Port or Haven Creek or Road of this Nation from any part beyond the Seas to be sold Or make any Bargain Contract or Promise for the having or buying of the same or any part of the same so coming as aforesaid before the same Merchandize Victual or other things shall be in the Market Fair City Port Haven Creek or Road ready to be sold Or shall make any motion by word letter message or otherwise to any person or persons for the inhansing of the price or dear selling of any of the other things above mentioned Or else disswade move or stir any person coming to the Market or Fair to forbear to bring any of the things above mentioned to any Fair or Market City Port c. to be sold as aforesaid shall be adjudged a Fore-staller 13. Eliz. excepts Oyls Sugars Spices Currans or other foreign Victuals brought from beyond the Sea Fish and Salt only excepted A Regrator defined what person or persons shall by any means regrate obtain or get into his or their hands or possessions in any Fair or Market within this Nation to be sold any dead Victual whatsoever brought thither for that purpose and do sell the same again in any Fair or Market holden or kept in the same places or within any Market or Fair within four miles thereof shall be reputed and taken for a Regrator or Regrators An Engrosser is he or they which shall engrosse or get into his or their hands by buying contracting by promise taking other then by Demise Grant or Lease of Land or Tythe any Corn growing in the Fields or any other Corn or Grain Butter Cheese Fish or other dead Victuals whatsoever within the Nation to the intent to sell the same again shall be reputed and taken an unlawful Engrosser or Engrossers If any person or persons shall offend in any of the things before recited and being thereof duly convicted or attainted thereof by the Laws of this Nation for the first offence shall suffer two months imprisonment without Bayl or Mainprize and forfeit the value of the goods For the second offence six months imprisonment without Bayl or Mainprize and lose double the value of the goods and upon conviction of the third offence shall be set in the Pillory where he dwels in the same Town and lose all the goods he or they have which was to their own use and be committed to prison during the Kings pleasure it is but Mutatis Mutandis Every Justices of every County is to enquire and determine of the offences in their Quarter-Sessions upon Inquisition Presentment Bill or Information exhibited and proved by two Witnesses the one half of the Fine to the King the other to the party discoverer What Justice can be expected or had in Newcastle the Mayâ—rs Justices and Burgesses being the offenders Judges P â—â—rors in their own causes and must be tryed in the same â—â—unty T themselves to have the Fines as by Charter appears 〈◊〉 See Stat. 21. K. James 4. T See 10. Chap. L P Chap. 10. R * See Stat. 5. Eliz. 12. The Town of Gates-head and all Liberties given to Newcastle c. E Stat. 7. Edw. 6. 10. There being Bishop of Durham elected nor any Member of Parliament for that County which the Mayor and Burgesses of Newcastle perceiving petitioned the King that the Town of Gates-head in the County of Durham adjoyning to their Corporation only the River of Tyne between being populous and without Government and often committing many outrages in their Town and then got over the water into
any difficulty and the whole Realm was sworn thereunto And soon after subtlely and privately sends to the Pope and other Nations for Armies to make void those Charters and Liberties granted to the Barons and to subdue England and promised them great rewards Forty thousand Souldiers that were to have Norfolk and Suffolk to conquer England for King John were all cast away on the Sea The Pope sends in great strength who landed at Dover and destroyed many Towns by fire and with the sword slew many thousands of people the Pope excommunicating the Barons particularly by their names great subversion and dissolution thereupon fell laying all Hedges and Ditches level tormenting the Barons with their wives c. L The Barons were necessitated to send for Lewis Son to the King of France for to come with an Army to joyn with them to conquer King John whose cruelties were intollerable which was done and King John overthrown and forced to flee towards Lin being poysoned by a Monk at Swinsted the reason he gave was that if he had lived half a year longer a half penny loaf would cost 20 s. he died and was buried at Worcester and King Henry the third Son to King John of nine years of age was crowned at Glocester c. M The reason of King John his granting Charters in England and making Corporations was for that he had but little land to raise great Rents from them and to assist him with strength by out-voting the Knights of M the Shires as is hereafter exprest For all Free-holders of England that had forty shillings a yeer met two times a yeer at Sessions Meadows neer Rockingham Castle in Northampton-shire and there made such Laws as the Nation was governed by and confirmed by the King N King John resolving to have Monies and Aid of men to go to Normandy to conquer them could not conveniently motion it by reason of the numerousnesse of the Free-holders but made a speech to them that he had contrived a very â—it and convenient way for the making Laws for the good of the whole Nation which was that by reason he conceived it a great trouble for all them to come so far for that purpose onely to make Laws that they would chuse two Knights of every Shire and County in England and Wales and give to them the full power of the Nation and then the said Knights to come and fit with him in Parliament at Westminster and also to allow them four shillings a day out of the County stock which more plainly appears in the Statute of 35. Hen. 8. Ch. 11. Knights to have 4 s. per diem and Burgesses 2 s. per diem O King John when he had got the hundred and four Knights in Parliament they having the full power of the Nation from the Free-holders immediately required from them great Subsidies and Armies to go for Normandy to recover such Lands as he had lost P The Knights answered they onely were intrusted to make Laws and not to taxe the Free-holders who had intrusted them and not to raise Armies and that by so doing they could not discharge the trust reposed in them Q The King finding his expectation frustrated having nothing doubted but to have wrought his design on so small a number Mastered his passion and not long after acquainted the Knights that he was sorry for the great burden which lay upon them for making Laws being for a publick and that they were too few in number and that he had found out a way how to ease them and bring in a great revenew to free the Nation from impositions R Which was that he resolved to Incorporate all the great Towns in England and Wales and depute Magistrates to govern as his Lieutenants and every Corporation should hold their Town in Fee-Farm from him and his heirs at a certain Rent some more others lesse according to the quality c. S Also that every Corporation should chuse two Burgesses to â—it and vote with them in Parliament they knowing the state of every County and the Burgesses of the Corporation by which means the Burgesses being more in number then the Knights might out-vote them and vote for him the Knights medled not therein at all but were out-voted by these Vassals and Tenants to the King they granting to him what ever he demanded or else must forfeit their Charters And he granted to them what ever they demanded c. T The Free-holders of England were represented in Parliament by their Knights in their Election And if the Burgesses were Free-holders then represented in the same Knights V But if the Burgesses were no Free-holders then no power in England to make Laws or to â—it in Parliament to out-vote the true Representative which are the Knights especially representing no body further then the will of the King who was onely to confirm Laws but not to make them King John had four considerations in making great Towns Corporations 1 To assume â— Prerogative 2 To raise vast sums of Mony 3 To divide the Nation 4 To enslave bodies Corporate by being his Vassals and Slaves Charters are no Laws and nothing is binding that is not lawful no Laws are made but by Parliament read Stat. 2. Edw. 3. 8. CHAP. II. Newcastles first Charter A KIng John by his Letters Pattents dated the day of in the fourteenth yeer of his Reign and in the Yeer of our Lord 1213. Granted Demised and Confirmed to the honest men of the Newcastle upon Tyne and to their Heirs his Town of Newcastle upon Tyne with all the Appurtenances to Fee-farm for one hundred pounds to be â—endred to the said King and his Heirs at his Exchequer to wit at the Feast of Eaâ—ter fifty pounds and at the Feast of St. Michael other fifty pounds saving to the said King the Rents Prizes and Assizes in the Port of the said Town Further he grants to them and confirmeth one hundred and ten shillings and six pence of Rent which they have by the gift of the said King in the said Town of Escheats to be divided and assigned to them who lost their Rents by occasion of a Ditch or Trench and of the new work made under the Castle towards the River or Water so that thereof they might have the more that lost the more and they that lost the lesse should have the lesse He also granted to them for him and his Heirs that in nothing they should be answerable to the Sheriffe nor to the Constable for those things which belong to them as the said Charter testifieth Wherefore he willeth and firmly commandeth that the said men and their Heirs may have and hold the same Town with its Appurtenances to Fee-farm for the said hundred pounds yeerly to be paid as is aforesaid well and in peace freely quietly and intirely with all Liberties and free Customes which they were wont to have in the time of King Henry the 2. Father of the said King