Moor and Lands in aid of the payment of their said Fee-farm without impeachment c. As by the said Letters Pattents made by the King himself and his Council and by the Fine of forty shillings paid in the Hamper more at large appeareth By these last mentioned Letters Pattents the Burgesses of Newcastle can challenge no title in the said Castle-moor and Castle-field because the said Letters Pattents are contrary in themselves This is the first claim the said Burgesses lay to the Castle-moor being a quantity of eight hundred and fifty Acres of ground besides Pasture for all their Kine and Coals for all their Fuel which are gotten upon the said Castle-moor CHAP. VI. KIng Richard the Second by his Charter dated the ninth day of April in the first year of his Reign 1378. confirms all the former Charters and Grants to the Town of Newcastle the same priviledge as granted before in diging of Coals Slait and Stone in Castle-field and Castle-moor but doth not grant the Land onely the Coals Slait and Stone for the Towns best advantage CHAP. VII KIng Henry the Fourth being humbly petitioned by the Burgesses of Newcastle that his Highnesse would be graciously pleased to divide the Town and Corporation from the County of Northumberland and to grant them a Sheriffe with more Liberties and Immunities which was granted that the Corporation of Newcastle shall be a distinct County of it self dis-joyned from the County of Northumberland and not to meddle in the said new County as by the Charter more at large appears upon Record in the Tower of London 7. Ed. 6. 10. 1. Mary 3. This was a preparative for the Town of Gates-head c. CHAP. VIII A QUeen Elizabeth obtained a Lease from the late Bishop of Durham dated the 26. of April in the 24. year of her Reign 1582. of all the whole Mannors of Gates-head and Wickham and all the Coal-pits and Coal-mines within the said Mannors of Gates-head and Wickham aforesaid and in all the common Wasts and Parks belonging to the said Mannors at the Rent of ninety pounds per Annum or thereabouts for ninety nine yeers which the Earle of Leicester procured from the said Queen and sold or gave the same to Sutton of the Charter-house who for twelve thousand pounds as is reported sold the same to the Mayor and Burgesses of Newcastle but when he understood the yearly value which was worth at least fifty thousand pounds per Annum attested by Doctor Cradock sometimes Arch-deacon of Northumberland deceased this Lease being called the Grand Lease was granted to Sir William Readal and others for the use of the Mayor and Burgesses and free honest men and expires the 26. of April which shall be in the year of our Lord 1681. as appears in the 11. Chap. I 7. Edw. 6. 10. CHAP. IX A QUeen Elizabeth requires the great Arrear of two pence per Chaldron which was granted to King Henry the Fifth as Custome by the Parliament as appears by that Statute Chapter the tenth ninth yeer which was neglected to be paid unto the Crown by the Mayor and Burgesses for many yeers together insomuch as they were not able to pay the same but humbly beseeched those Arrears may be forgiven by reason of their inability And to grant them a Charter to incorporate a new fraternity or brother-hood to be called Free Host-men for the selling and vending of all Coals to shipping And in consideration thereof they would pay to her Majesty and her successors twelve pence for every Chalder exported from thenceforth to the free people of this Nation The Queen conceiving that twelve pence upon every Chalder would be better for the future and well paid would rise to a greater Revenew then the two pence so long in arrear could endamage which was granted upon condition specified in that Grant remaining in the Exchequer with many seals to it That they should sell all Coals to Masters of Ships At this day the Fitters reckon with the Masters for so much a Chalder as eleven shillings for so many as is conceived to be aboard the Ship and then he goeth with the Master to reckon which the said Masters payes the one shilling per Chalder Custome being allowed in his hand the Master conceives he doth not pay it further then being left in his hand by the Fitter but if the Masters will look upon that Lease they will find they are to have the best Coals for ten shillings and the worst for nine shillings the Chaldron at most and now they pay eleven shillings by which means the one shilling per Chaldron is paid by the Master and not by the Host man and so falls upon the whole Nations back I refer you further to the Lease for if the Master buy dear he must needs sell dear B By the same fallacy they wronged the King of his Customes 9. Hen. 5. 10. which plainly appears in that Statute if you please to read it the same they have to cheat the Queen and her Successors for the twelve pence per Chaldron CHAP. X. A QUeen Elizabeth being humbly intreated by the Mayor and Burgesses of Newcastle that her Majesty would be graciously pleased to grant them a Charter of Liberties concerning Sea-jurisdiction and of Admiralty in that Port to wit between Sparhawk in the Sea and Hadwyn streams being fourteen miles in length for the advance of the estate of that Town which also was granted as follows B The Queen by her Letters Pattents dated the thirtieth day of August in the one and thirtieth year of her Reign touching the Office of the High Admiralty of the River of Tyne and Port of Newcastle grants the Reversion to the Mayor and Burgesses of Newcastle by reason it was granted under the Great Seal of England bearing date the fifth of February 1522. unto Charles Lord Howard of Effingham amongst other things in his said Pattent in the Office of Lord High Admiral of England c. for life who out-lived the Queen and dyed 26. January in the sixteenth year of King James the Mayor and Burgesses pretending they had right thereunto from King Henry the sixth which if they had was extinguished upon the Queens grant to the High Admiral c. And by this grant of hers to Newcastle she onely grants what is in her to grant which is onely the Reversion after the surrender forfeiture or death of the aforesaid Lord High Admiral but she dying before the Lord High Admiral it is conceived her grant is void And it was never since confirmed by any other to the said Mayor and Burgesses for King James upon the 28 of June in the sixteenth year of his Reign two dayes after the Lord High Admiral died The Commission or Letters Pattents of the Admiralty of England was conferred upon the Duke of Buckingham so that Newcastle by this change hath but a slender pretence of Right to the Admiralty of that part of Newcastle C The said Corporation humbly
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
spirits of many consciencious persons c. See chap. 39. A 49. I That all unreasonable and arbitrary fines may be mittigated as shall be agreeable to Justice and Equity See ch 41. 42. A K That no more ships may be compelled up the dangerous River seven miles whereas they need to go but one mile never any Coals being to be had at Newcastle which would save many ships from sinking and cause them to make upwards of three Voyages in the year more than they do which would cause two or three hundred thousand Chaldron of Coals more to be sould and the excessive prices to fall under twenty shillings the Chalder all the year See ch 29. C 32. C 31. A L That the trust of the River of Tyne be put into faithfull Commissioners hands the Mayor and Aldermen and Commissioners of Newcastle having betrayed the trust reposed in them for conservancy thereof that whereas within in this twenty years above twenty ships of the burden two hundred Tuns rid a float in most Roadsteads in the said River now not above four of the same burden at low water See chap. 12. â— 34 C 35. A B M That their Charters granted to their Corporation may be called in and viewed and other Grants and Orders granted by King James and what is found offensive to the Commonwealth may be repealed as it now stands proves destructive to the peoples right Septem 29. 1653. All which are presented to your Honours to do therein as God shall direct you for the good of his people Ralph Gardner Tuesday October â— 1653. N THe Petition of Ralph Gardener of Northumberland Gentleman in the behalf of himself and many others whose humble desires are thereunto annexed being this day read the Committee conceives it proper for the Committee for Trade and therefore do recommend the same to their consideration Anthony Rous. At the Committee for Trade and Corporations sitting at Whitehall Octob. 18. 1653. O WHereas a Petition hath been exhibited to this Committee by the said Ralph Gardner of Northumberland Gentleman in the behalf of himself and many others complaining of several grievances they sustain by the Corporation of the Town of Newcastle It is ordered that the said Petition and complaint be taken into consideration by this Committee on Tuesday the 15. of November next whereof the Mayor and Corporation of Newcastle aforesaid are to have convenient notice Samuel Warner P The Mayor and Burgesses of Newcastle Petitioned the Committee beseeching their honours for a copy of the Petition and paper exhibited and to grant them fourteen dayes time longer to make their defence which their Honors granted but ordered their Agents to attend the 15. day of Novem. to hear the Witnesses on the Commonwealths behalf examined and to receive what further should be brought in by way of charge against the Corporation by reason a great trial was had before their Honours with the late Farmers of the Customes which took up all that day the eighteenth day was appointed for Newcastles businesse on which day most of the Witnesses were examined upon this following charge and proved it in presence of the Corporations Agent and when they were all dismist and gone the Agent desired further time and the Witnesses to be crosse examined to which the honourable Committee replied that further time they would not give in a matter of so high concernment and it was too late to crosse examine the witnesses he not desiring it when they were there and he present but granted him a copy of the charge CHAP. XXVIII The Heads of the Charge exhibited by Ralph Gardner of Northumberland Gent. to the Committee for Trade and Corporations against the Mayor and Burgesses of Newcastle 1653. A THat the Mayor and Burgesses of Newcastle upon Tyne have and do imprison Artificers only for their working upon their lawfull Trades See Stat. 1 1301. B That they do force Masters of Ships to cut purses in their open Court for gain to themselves and imprisons them if they refuse See Stat. 8. Eliz. 4. C That they force all Masters of ships to swear against themselves and notwithstanding they have swore the truth others are called in to swear against them which is for a Fines sake which profit accrues to the Mayor Burgesses and witnesse for their own use D That they do impose Arbitrary Fines so excessively that without payment is committed to prison which said Masters are there detained till the said Fine bee paid E That they have robbed people in their open Markets and in passing through the Town of their goods alledging foreign bought and foreign sold all people not being free of that Town are reputed foreigners F That they have imprisoned men for saving ships fom sinking and detains them till compound whose poor wives and children are ready to starve also keeps them in prison till they enter into bond never to work upon their Trades again G That they of that Corporation have taken an Oath amongst themselves not to work with nor imploy any un-freemen but to suppresse all such from working in that Corporation or the whole River of Tyne H That they do imprison poor Masters of ships for letting their ships from sinking and denies bayl I That they seize of all such goods as any poor Master doth save when their ships are sinking which is all the poor Master hath left in the world to relieve his wife and family and poor Sea-men K That when any ship is sinking though seven miles from Newcastle none must help to save her but Newcastle-men must be sent for who comes at leasure besides having his demands which is excessive L That they ingrosse all Merchandize and other dead victual and provision which comes in by Sea and then forces the Countries to give them their own rates for what they want M They will not suffer any Provisions to be bought at Shields or any Market to be there notwithstanding people are often drowned in going and returning from Newcastle Markets and also many are ready to starve in the Winter season by reason the River is then frozen up and so become Innavigable N That they by Ingrossing all Corn into their hands have kept it to so excessive Rates that the poor could not buy it but have been constrained to eat beasts-blood baked instead of bread O That by such hoarding up the corn and the people not able to buy the same being so dear many country people were necessitated to eat Dogs and Cats and to kill their poor little Coal-horses for food P They have hoarded up so much corn and keeping it for such excessive gain that in the very time of scarcity and misery amongst the people many have been found starved to death in holes hundred bouls of corn were cast into the River being spoyld with the Rats and rot the very Swine could not eat it Q That they will not suffer any of the Coal Owners in any of the two Counties to sell their own
times of distresse and necessity H And of what able Sea-men they shall think fit for Pilots I And have hereby liberty to buy or take in at any place of the said Port of River Bread and Beer and other necessaries for their own spending and victualling K And that all Goods and Provisions which come in by Sea for the use of the Salt-works Colleries and other buildings at or near the Shields may be delivered at the Shields course being taken for paying and satisfying all duties payable for the said goods and provisions L And all persons who are willing are hereby encouraged and have liberty to build ships and vessels on the said River for the encrease of Trade and Navigation M And that all this be done without any Fine Imprisonment Confiscation or other molestation of any person vessell or goods for or in reference to any of the Princes any Law Usage Practice Custome Priviledge Grant Charter or other pretence whatsoever to the contrary notwithstanding Provided alwayes N And it is hereby Enacted that no Ship or Vessell whatsoever that shall bring in any kind of Merchandize or Grain for the proper use of the Town of Newcastle usually coming to the said Town of Newcastle and places adjacent beyond shall deliver or land the same or any part thereof at any other place within the said Harbour or Port but at the said Town or as near to it as formerly have been accustomed O And to the end so useful a Commodity at that of Sea-Coal wherein the poor of this Commonwealth are so principally concerned may come cheaper to the Market and that Coal-owners may not be in a worse condition then the rest of the free people of this Nation Be it Enacted and Ordained That the said Coal-owners in the respective Counties adjacent to that River may and have hereby liberty to let Leases of their Coal-pits and to sell their Coals to whom they please as well to ships as else-where for benefit of the publick though they be not free of that Corporation of Newcastle due course being taken for securing paying and satisfying to the State all duties payable thereupon And be it further Enacted That North-Shields in the County of Northumberland be made a Market-Town two dayes in the week to be holden or Munday and Thursday for the relief of the Country the Garrison of Tynmouth Castle the great confluence of people and fleets of ships and that the Commissioners of the Great Seal be hereby Authorized to issue out such powers as are requisite and usually done to other Markets in the Commonwealth This is the Copy of what was to have passed after debate if the late Parliament had continued c. appointed to be drawn up by Order Having given a short Relation of the sad Events by Charters and acted by subjects I shall now trouble your eye and ear to her what Kings have done to these poor Northern people formerly Therefore now deliverance is expected c. leaving it to the judgement of the Reader to judge whether it be not time c. viz. The Danes laid claim to the Crown of England the Kings laid claim to the peoples Lives and Corporations to their estates what was free Judge what reason England hath to submit to those Illegal Charter-laws invented by a Prerogative whose usurpation was not to be owned as by the sequell appears King Harrold who assumed the Crown of England to himself lead an Army to battell in Sussex where William the Conqueror Bastard Earl of Normandy met him having the assistance of the Earl of Flanders by reason he was promised a good part of England if he Conquered it at which place King Harrold was killed and sixty seven thousand nine hundred seventy four English-men In the year 1060. at which time he consumed many Towns subduing where ever he came except Kent who contracted to hold their land in Gavel-kind all England else being over-come by this said Stranger c. When the Normans ruled England the Laws were in that Tongue but they being extinguished we find the benefit of our Laws in our own Tongue and doubts not but to be restored to our ancient right for so long as Monarchs were Rulers Monopolies were in force but now such power being thrown out of doors and being become a Civill free State under the Government of our own Free-born Chosen according to the Command of God as Deut. 17. 14 15. by which Monopolizers dare not assume to petition for a revival of such their Illegal grants being found to be the greatest of evills in a Commonwealth All Kings were sworn that Justice should neither be bought nor sold nor any hindred from it to ordain good Laws and withstand all Rapines and false Judgements Charters are no other than Commissions Impowring persons uncapable of the Laws to be Judges and Justices in every respective Corporation which Charter and Commission is sold and the members thereof are Judges in their own causes So Justice is both bought and sold besides breach of Oath neither can a Foreigner obtain any right if it be against the said Corporation so that it is right in these Judges judgement to do wrong I shall give you a short Relation of the Miseries the County of Northumberland hath tasted of to this day from William the Conqueror and what little need there is Newcastle should so Tyrannize over them c. WIlliam the Conqueror having killed many and destroyed the land and brought under his subjection the people caused such who did oppose his forces at Ely to have their legs and hands cut off and their eyes put out and then gave liberally to all his Norman race Earldoms Baronies Bishopricks Honours Mannors Dignities and Farms all being got by the sword Upon his Divisions c. the Earle of Flanders sent to know what part he should have for assisting him who sent him word nothing at all by reason all was but little enough for himself Then he gave to his Son Robert Cuming the Earldome of Northumberland who in possessing of it acted such cruelty with his Army which came against Malcolm King of the Scots The said Robert built the Castle called the Newcastle upon the River of Tyne in the County of Northumberland about which was built the Town called Newcastle the Town taking its name from the Newcastle and not the Castle from the Town the said Northumberland being so oppressed that they fell upon Robert Son to the Conqueror killed him and his whole Army Upon which William the Conqueror sent another Army who had command to kill both men women and children who did it and wasted the whole County that for nine yeers there was not any food to be got And such who had hid themselves in Coal-pits and other places were constrained to eat Dogs and Cats dead Horses and mens flesh and many of them starved to death all which nine years time not any ground tilled Northumberland being recruted and most shamefully abused by the
Controlers do imbezel the Kings Customes the Merchants be greatly hindred because that the Warrants might plainly shew and declare their due custome when they be often and unduly impeached in the Kings Exchequor in consideration of the said deceits it was Enacted that the said Customers and Controlers shall write and deliver sufficient Warrants sealed with the Seal of their Office to that end ordained to the said Merchants not anything to begiven for the same but their due Custome And that in case any Customer or Controler do the contrary then the Merchant may have an action by vertue of this Ordinance to pursue every Customer or Controler that doth the contrary in every Court of Record and being thereof attainted shall forfeit to the King for every default ten pounds and to the Merchant grieved that sueth five pound 11. Hen. 6. 15. See Chap. 45. E. The great danger occasioned by small Riots B In the 37. year of his Reign began such Riots Routs and unlawful Assemblies that it produced a worse effect then in King Richard the seconds daye◠which was occasioned between a Yeoman of the Guard and a Serving-man of the Earle of Warwick which so far increased not being timely prevented that it proved the root of many a woful Tragedy brought to death the Duke of York who was proclaimed Successor to the Crown the King Prince Edward his Son all or most of the Peers of the land destroyed by sidings and at least six and thirty thousand of the common people cut off at one battel at Toughton in Yorkshire the King Queen and Prince put to flight to Barwick See Richard the second what was done See Chapter 37. A. 3. Hen. 6. See Rich. 2. E. Sheriffs Fees none of his Officers shall be returned upon Inquests letting to Bayl c. C Stat. 23. Hen. the sixth Chapter 10. The King considering the great-Perjury Extortion and Oppression which be and have been in his Realm by his Sheriffes Under-Sheriffs and their Clerks Coroners Stewards of Franchizes Bayliffs and keepers of prisons and other Officers in divers Counties of this Realm have ordained by the Authority aforesaid in eschewing of all such Perjury Extortion and Oppression and that because the Sheriffe of every County is a great and necessary Officer in the Commonwealth and used as a special instrument to the furtherance of Justice in all Suits pursued at the Common-Law and his service is imployed in the beginning prosecuting and ending of the most of them therefore as the Law hath alwayes had a special regard of him and foreseen that he shall be a man of wisdome of worth of credit countenance and ability this is not William Fenwick of North-Riding in Northumberland for he derogates from them all and that he shall be allowed a convenient stipend and sallary for his pains in most cases so doth she carry a vigilent and watchful eye upon him and his inferiour Officers or Substitutes knowing what grievous Oppressions might ensue if she should leave a man of his Authority and necessary imployment at liberty to dive at his pleasure into other mens purse and to take what he would as William Fenwick doth therefore she hath restrained him his Under-Sheriff Bayliffe of Franchizes and other Bayliffes most of which are forsworn within certain Lists and assigned them what they shall take for Arrests Attachments Mainprizes letting to Bail and serving of Executions which if any of them do exceed he shall forfeit forty pound a time and shall be adjudged an extortioner in which said Statute it is Enacted that no Sheriffe Under-Sheriffe or any Bayliffe by occasion or under colour of his Office shall take any other thing by themselves or any other person to their use or to their profit of any person by any of them Arrested or Attached nor of any other for them for the omitting of any Arrest or Attachment to be made by their bodies or of any person by any of them by force or colour of their Office Arrested or Attached for Fine Fee Mainprize letting to Bail or for shewing any ease or favour to any such person so Arrested for their reward or profit but such as follows the Sheriffe twenty pence the Bayliffe which maketh the ☜ Arrest or Attachment four pence the Gaoler if the prisoner be committed to his Ward four pence for making of a Return or Paniel and for the copy of a Paniel four pence no Bond to be made by them under colour of their Office but onely to themselves for the appearance of any prisoner at the day prescribed and what Bond is otherwise is void and he shall take no more for making such Obligation Warrant or Precept by him to be made but four pence And all Sheriffes Under-Sheriffes Clerks Bayliffes Gaolers Coroners Stewards Bayliffes of Franchizes or any other Officer or Ministers which doth contrary to the aforesaid Ordinances in any point of the same shall lose to the party in this behalf endamaged or grieved his treble damages and shall forfeit forty pounds at every time that any do the contrary in any point of the same whereof the King shall have the one half to be imployed only to the use of his house and the other to the party that will sue for the same by Bill Plaint c. I shall lay open the excessive Fees extorted by the Sheriffs of Northumberland against the Law viz. Return a tales 6 s. For allowance of a pony 9 s. 2 d. For allowance of a Writ false judgement 16 s. 6 d. Upon Execution granting out 15 s. And all upon the Defendant after Execution 1 l. 11 s. 6 d. For breaking open an original Proces 2 s. 6 d. For the Warrant thereof 6 d. Bayliffs for the Arrest from the Plaintiff 1 s. From the party Arrested 1 s. 8 d. To file Bayl above and taking the Declaration 8 s. This is costly Law This Justice is both bought and sold c. A Bill of Indictment before a Judge would reduce these c. The Form of an Indictment for Sheriffs D London ss The Juros for the Lord Protector of the Commonwealth of England Scotland and Ireland c. Upon their Oaths do present That John Butler of London Sheriffe the 20. day of August in the year of our Lord God 1652. being then Sheriffe and Keeper of the Prison of the Newgate in London the day and year aforesaid did by force or colour of his said Office as Sheriffe and Keeper of the said Prison unlawfully and extortionously exact and take of one John Cuthberton then and there being arrested and imprisoned in the said Prison under the custody of the said Sheriff at the Suit of John Roe the sum of six shillings and eight pence for the Fee of the said Sheriffe and Keeper for the custody of the said John in the said Prison from the 20. day of the Month of May in the year aforesaid untill the 20. day of August then next following to the great damage of the
night in any place upon pain of forfeiture of their Arms and imprisonment during the pleasure of the King all Officers whatever is required to put this Act in force See ch 37. A C 2. Edw. 3. 6. 2. Ed. 4. 5. Every Justice of peace upon his discretion may bind to the Peace or Good Behavior such as are common Barrators A common Barrator is he which is either a common moover and stirrer up or maintainer of Suits in Law in any Courts of Record or else of quarrels or parts in the Country as if any Court of Record County Court Hundred or other inferior Courts any person by fraud and malice under colour of Law shall themselves maintain or stir up others unto multiplicity of unjust and feigned Suits or Informations upon penal Laws or shall maliciously purchase a speciall Supplicavit of the Peace to force the other party to yeeld to him composition all such as are Barrators in the Countrey and these are three sorts First Disturbers of the Peace * such are either common quaâ—rellers or fighters in their own cause or common moovers or maintainers of quarrels and affraies between others Secondly Common takers or detainers by force or subtlety of the possessions of Houses Lands or Goods which have been in question or controversie Thirdly Inventers and Sowers of false reports whereâ— by diâ—cords ariseth or may arise between Neighbors Yea if one be communis seminator litium he is a Barrator or if any man of himself be communis oppresor vicinorum a common oppressor of or wrangler with his Neighbors either by unjust or wrangling Suits or other oppressions or deceits he is a Barrator or if one Communis pacis perturbater calumniator malâ— factor he is a Barrator but all such persons must be common Barrators not in one or two but in many causes See Lamb. 79. Co. 8. 36. Co. l. 338. Co. 8. 36. Cromp. 257. Câ— 8. 37. D Stat. 2. Edw. 3. 8. It is accorded and established that it shall not be commanded by the great Seal nor the little Seal to disturb or delay common Right and though such commandements do come the Justices shall not therefore leave to do right in any point Stat. 9. Hen. 3. 29. 5. Ed. 3. 9. 14. Edw. 3. 14. Gold and Silver prohibited c. E Stat. 9. Edw. 3. 1. No person shall carry Gold or Silver out of the Realm without the Kings license who so doth shall forfeit all such as is carrying with ship c. Stat. 5. Rich. 2. 2. Stat. 2. Hen. 6. 6. 19. Hen. 7. 5. Rates on Victuals F Sat. 23. Edw. 3. 6. The King Ordains all persons whatever which sels any kind of Victuals shall be bound to sell their victual at a reasonable rate or price having respect to the price that such Victuall be sold at in the places adjoyning so that the seller may have a moderate gain and not excessive * And if the seller do sell otherwise shall pay double back the Mayor and Bayliffs of the City Market-Towns and other corporate Towns and the ports of the Sea shall have power to enquire of all offenders in the same And to levy the said pain upon themselves for their use who sueth for the same and in case the Mayor and Bayliffs be negligent in putting in execution any of the premises and thereof be convicted before Justices assigned then the said Mayor and Bayliffs shall be compelled by the said Justices to pay the treble of the things so sold to the party damnified and also shall be grievously punished by the King 23. Edw. 3. 4. See chap. 50. A 44. E 48. A 51. A 29. A None to be condemned without his Answer c. G Stat. 28. Edw. 3. 3. The King ordains that no man of what estate or condition he be shall be put out of his Land nor Tenements nor taken nor imprisoned nor dis-inherited nor put to death without being brought to Answer by due process of Law Stat. 9. Hen. 3. 29. 5. Edw. 3. 9. 25. Ed. 3. 4. See chap. 10. X 38. C 41. A 43. D 38. A Penalty of a Mayor Sheriff and Aldermen for not redressing grievances H Stat. 28. Edw. 3. 10. Because of the Errors Defaults and Misprisions which be notoriously used in Cities Boroughs and Corporations for default of good governance of the Mayor Sheriff and Aldermen cannot be inquired nor found by people of the same Town it is Ordained and established that the said Mayor Sheriffs and Aldermen which have the Governance of the said Town or City shall cause to be redressed and corrected the Defaults Errors and Misprisions above named and the same duly punish from time to time upon a certain pain that is to say at the first default a thousand Marks to the King The second default two thousand Marks And at the third default that the Franchizes and Liberties of the said Town be taken into the Kings hand it shall be enquired of by foraign Inquests of foraign Counties namely the City of London but all other Cities Boroughs and Corporations to be tryed by forain Inquests in the same Town which may be done by the punishment of Judges thereunto assigned by Inquest or Indictment and called to answer the same out of their Town which fine is to be leavyed by Attachment and distress and by exigent if need be upon any Land or Tenements out of their Town belonging to any of them King Edward the Sixth Edward borne at Hamâ—oâ—â— Court at the age of 9 yeares began his raigne the 31 of Januâ—â—â—46 Crowned at wesâ—m the 2â— of februa folowing he raigned 6 yeares 5 monthes died the 6 of Julie buried at westminster Murder c. A STat. 1. Edw. 6. 12. It is Murder to strike with either blunt or sharp weapon if the party dye within a year and a day and the blows given upon malice neither shall Clergy be allowed See Chap. 36. A. Victuallers and Handicrafts-men B Stat. 2. Edw. 6. 15. For as much as Artificers Handicrafts men and Labourers have made Confederacies and mutually sworn not onely that they should sell their victuals at a certain rate and not to meddle with one anothers work and finish that which others have begun but also to appoint how much work they shall do in the day and what hours and times they shall work contrary to the Laws and Statutes of this Realm and to the hurt and great impoverishment of the Kings subjects For reformation whereof the King ordains That if any Victuallers or Artificers aforesaid shall at any time combine conspire or make any Oaths that they shall not sell their victuals at certain prices or that Artificers shall not work but as abovesaid being convicted shall pay in six dayes ten pounds to the King or twenty dayes imprisonment and fed onely with bread and water if he have not sufficient to pay the said Fine For the second offence the Pillory or twenty pound And for the third offence shal forfeit forty pounds