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
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
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
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
him or them committed done or procured have and suffer imprisonment of his or their body six months without Bail or Mainprize and before a deliverance out of prison shall pay unto the party so Arrested or Attached treble the costs and charges damages and expences that he or they shall be put unto by reason or occasion of such Arrest or Attachment so had and shall also forfeit and pay unto such person or persons in whose name or at whose Suit he or they shall so procure such Arrest or Attachment to be had or made if then there be any such person known the summe of ten pounds for every such offence and that all such persons damnified thereby shall 〈◊〉 their remedy in any Court of Record by Bill Plaint or Action of Debt for all damages c. wherein there shall not be any Essoyn Protection or Wager of Law allowed the Defendant See Stat. 13. Ed. 1. 36. The Penalty of cutting of Purses E Stat. 8. Eliz. 4. Whereas there are a certain people of a Fraternity or Brother-hood that puts in practice that art or mystery of cutting of Purses and that do combine secretly to spoyl the true subjects of this Realm Be it therefore Enacted that whosoever be found guilty of taking away monies c. in such sort from any person or persons shall not have the benefit of Clergy See Chap. 12. 5 39. A. Sheriffs Fees for executing Executions c. F Stat. 29. Eliz. 4. Be it Enacted by this present Parliament That it shall not be lawful for any Sheriff or Bayliff of Franchizes or Liberties or any of the Officers or Deputies nor any of them by colour or reason of their or either of their Office or Offices to have receive or take of any person whatever directly or indirectly for the serving and executing of any extent or execution upon the body lands goods or chattels of any person or persons whatsoever more or other consideration or recompence than as in this present Act shall be limited and appointed which shall be lawful to be had received and taken that is to say twelve pence of and for every twenty shillings where the summe exceedeth not one hundred pounds and six pence of and for every twenty shillings being over and above the said summe of one hundred pounds that he or they shall levie or extend and deliver in execution or take the bodie in execution for by vertue and force of such extent or execution whatsoever upon pain and penalty that all and every Sheriff c. that do the contrary shall lose and forfeit to the party grieved his treble damages and shall forfeit forty pound for every time so offending the half thereof to the Queen and the other to the party suing by Bill Plaint Action or Information wherein no Essoyn Wager of Law or Protection shall be allowed This Statute not to extend to any City or Town Corporate The poor to be set on work G Stat. 43. Eliz. 2. Be it Enacted by this present Parliament and the Authority thereof that all poor be set on work by the Church-wardens or Overseers and such as will not work being able shall be sent to the house of Correction See Chap. 38. A. C. Sheriffes punishable for false Arrests c. H Stat. 43. Eliz. 6. For the avoyding many Suits commenced according to the due course of the Laws of this Realm to the intollerable vexation and charge of her Highnesse subjects Be it Enacted by Authority of this Parliament if any Sheriff or other person having Authority or taking upon him to break Writs or make any Warrant for the summoning of any person upon any Writ Processe Suit or for Arrest or Attaching of any person or persons by his or their body or goods to appear in any of her Majesties Courts at Westminster or elsewhere not having before that originall Writ or Processes warranting the same that then upon complaint made to the Justices of Assize of the County where the same offence shall be committed or to the Judges of the Court out of which the Process issued not only the party that made such Warrant but all those that were the procurers thereof shall be sent for before the said Judges or Justices by Attachment or otherwise as the same Judges or Justices shall think good and allow of and be examined thereof upon their Oaths and if the same offence be confessed by the same offenders or proved by sufficient witnesses to the satisfaction of the same Judges or Justices that then the same Judges or Justices that shall so examine the same shall forthwith by force of this Act commit every of the same to the Gaole and there shall remain without Bayl or Mainprize untill such time as they amongst them have fully satisfied and paid unto the party grieved by such Warrant not onely the summe of ten pounds but also all costs and damages as the same Judges or Justices shall set down that the same party hath sustained thereby and withall twenty pound a peece for their offence to her Majesty 21. King James Chap. 16. 3. King Charles Chap. 4. Dyer fo 244. King James A UPon the seventh day of May in the first year of K. James a Proclamation was proclaimed throughout London for to cease all exactions all Monopolies and all Protections whatever that was against the common good and that hindred mens Suits at Law also forbidding oppression Stabbing or Thrusting B Stat. 1. King James 8. It is Enacted that if any person or persons shall Stab or Thrust any person or persons that hath not then any weapon drawn or that hath not then first stricken the party which shall so stab or thrust so as the person or persons so stabbed or thrust shall thereof dye within the space of six months then next following although it cannot be proved that the same was done of malice fore-thought yet the party so offending being thereof convict by the verdict of twelve men confession or otherwise according to the Laws of this Realm shall be excluded from the benefit of his or their Clergy and shall suffer death as in case of wilfull Murder Stat. Homicide 24. Attornies abuses remedied c. C Stat. 3. King James Chap. 7. Be it Enacted for redresse of sundry abuses committed by Attornies and Solicitors by charging their Clients with excessive Fees and other unnecessary demands to the great prejudice of the Sergeant and Councellor at Law who is greatly slandered and to work the private gain of such Attornies and Solicitors the Client is often extraordinarily delayed Be it Enacted that for the future that no Attorny Solicitor or servant to any shall be allowed from his Clyent or Master of or for any Fee given to any Serjeant or Councellor at Law or of or for any summe or summes of mony given for copies to any Clerk or Clerks or Officers in any Court of Record at Westminster unlesse he have a Ticket subscribed with the hand and name of the
are not free of their Corporation pag. 20. 94. 92. 93. 95. 96. 97. 45. 78. 76. 75. 37. 190 162. D. And if this be not a Monopoly of as high a nature and producing as ill effects and those of as large extent as any that to the great content and satisfaction of the Nation hath bâ—en abolished let the * world judge A Welch Pedigree doth not descend by more steps and degrees than the propriety of their coals is varied while it is derived from the Owner of the Collery unto him that at last buyes the commodity to spend it as well Trades as others The Owners of Colleries must first sell the Coals to the Magistrates of Newcastle the Magistrates to the Masters of ships the Master of ships to the Woodmongers or Wharfingers and they to those that spend them Every change of the propriety adding to and enhancing the price of the Coals thus interchangeably bought and sold which course as it picks some money out of the purses of every man that buys Coals besides bad Coals being therby vented so it grinds the faces of the poor who in these latter years by reason mainly of this Monopolizing of them have found it as hard a matter to fortifie themselves against cold as against hunger p. 104. Whereas if the owners of every Collery had free liberty to sell p. 118. his Coals to ships immediately Tinmouth Haven would afford Two hundred thousand Chaldrons of Coals in the year more than now are vented which would reduce the late exorbitant excessive rates of Coals in the City of London p. 60. 75. to under twenty shillings a Chalder all the year Winter as well as Summer and bring into the common Treasury above Forty thousand pounds per annum p. 57. 94. 96. Some owners of Coal-pits will rather let their pits be fired like those at Benwell and consume than let their Coals to the Magistrates of Newcastle If the Coal-owners in each County from whence all Coals come should be as refractory to the Magistrates in denying their Coals as the Magistrates are to the Masters pag. 97. 93. 92. few or none would be brought to London or any Revenue raised Eighthly Forcing all ships up the River six miles amongst dangerous Sands Shelves and the bulks of sunk ships p. 69 70 71. 72 78 93 that so they may cast out their Ballast upon their Shoars and all for the greediness of receiving eight pence for every Tun of Ballast which hath occasioned the spoil and loss of many ships to the utter undoing of the Masters and Owners of the ships and the destruction of the lives of many poor Seaman and Mariners whose blood will be required at their hands who put them on those dangers in which they perished Besides their choaking up the most part of that River by forcing the Ballast up their Sandy hils near the said Town of Newcastle many thousand Tuns whereof is blown and washed down into that River pag. 78. They will neither preserve the River nor let Doctor Swinbourn Vice Admiral for the County of Durham doe it who hath fined some of the Magistrates hundreds of pounds for Damages c. Lastly Countenancing their Officers in their oppressions nay in their very murthers as in the case of Thomas Râ—tter with others who having forfeited their lives to Justice for killing Ann the wise of Thâ—mas Cliff of North-Shields was by their power and favor rescued from that death which they justly deserved p. 80. God would not suffer his Altar to be a Sanctuary to a wilful Murtherer neither would King John their Patron pag. 34. If a man come presumptuously upon his Neighbor to slay him thou shalt take him from mine Altar that he may die Exo. 21. 14. The Law of England dâ—fines what murther is pa. 165. Blood defileth the Land and the Land cannot be cleansed of the blood that is shed therein but by the blood of him that shed it Numb 35. 33. When therefore God shall make inquisition they that staid him that offered â—iolence to the blood of his Nâ—ighbor and should have gone to the pit Prov. 20. 17. will be found to communicate in this murder and involved in the same guilt with him that committed it but the good God be merciful to them that have not approved or consented to this wickedness For though our eyes did see this blood yet our hands did not shed it and therefore let every one that would wash his hands clean from that blood pray as God prescribed Be merciful O Lord unto thy people Israel whom thou hast redeemed and lay not innocent blood unto thy people Israels charge Deut. 21. 7 8. Thus have I given you a short view of the tyrannical oppressive practices of the Magistrates of Newcastle whose sin receives no smal aggravation from their Office and Calling in that they are Magistrates whom God hath furnished with Authority to that end that they might prevent and redress Injuries done by others and execute wrath upon evill doers Rom. 13. So that in their oppressions they sin against the very end of their Calling they transform the very Image of Gods Power and Justice which they sustain into the Image of Gods enemy Satan whom herein they resemble and become after a sort wickednesses in high places as the Devils are for amongst them as much as any where is that of Solomon verified I saw under the Sun the place of Judgement that wickedness was there and the place of righteousness that iniquity was there Eccles 3. 16. And although attempts hitherto and all indeavors for redress of these oppressive courses have proved abortive and fruitless No man compassionating the people with Saul so much as to aske What ayleth this people that they weep 1 Sam. 11. 5. No after many addresses Petitions Remonstrances and Sutes at Law being stifled by the instigation of corrupt persons then in power and obstructed by the mutability and changes we have too just reason to complain with Solomon Behold the tears of such as were oppressed and they had no comforters and on the sides of their Oppressors there was power but they the oppressed had no comforter Eccles 4. 1. Yet at this time we are not without good hopes but that the cries of the poor and the oppressed will enter into the ears and hearts of this present Power That they will be as a hiding place from the winde and a covert from the tempest as Rivers of waters in a dry place as the shadow of a great Rock in a weary Land Isa 32. 2. But if our hopes now fail us we must sit down and sigh-out that of Solomon If thou seest the oppression of the poor and violent perverting of Judgement and Justice in a Province marvail not at the matter for hee that is higher than the Highest regardeth and there he Higher than they Eccles 5. 8. THE TABLE A ATcheson Page 85 Arresting in others names Page 76 Arresting out of a Liberty Page 154 Arresting