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
of Newcastle complained again upon the same business by pleading some new matter in their Petition and the reference they obtained on their Petition was Ordered by the King and Council this 13th of February 1632. that Sir Heath's Ballast-shoar should be built The Commissioners aforesaid put in the third Petition not doubting but that by such new matter they should prevent the building of the said Shoar Ordered by the King and Council the 27 Feb. 1632. That Sir Heath's Ballast-shoar Wharf or Key a building shall be built go forward and be quite finished See ch 13. A 19 A 20 G 34 A. B CHAP. XIX THe Mayor and Burgesses exhibited another great complaint to the King and Council wherein nine severall absurdities appeared by Capt. Crosier and especially against Sir Rob. Heaths shoar c. At the Court at Greenwich the 1. of June 1634. King Charls Lord Arch. Bish Canterbury Lord Keeper Lord Arch Bishop of York Lord Treasurer Lord Privy-Seal Lord Duke of Lenox Lord Marquis Hambleton Lord Chamberlain Earl of Dorset Earl of Bridgewater Lord Vi. Wimbleton Lord Newbrough Mr. Treasurer Mr. Comptroler Mr. Vice-Chamberlain Mr. Secretary Winwood Mr. Secretary Cook Upon consideration this day had at the Board his Majesty being present in Council of a complaint made by the Mayor and Burgesses of Newcastle against the Ballast-shoars lately built by the said Sir Robert Heath at Shields upon the River of Tyne pretending the same to be a great prejudice of the shipping and Navigation and to the annoyance and damage of the said River the care consideration thereof was by his Majesty especially intrusted unto them E and upon hearing the allegation on both sides with their learned Council in the Law it was thought fit and ordered that the said Shoar should be finished and backed with Ballast to make it fit for the Salt Works which for his Majesties Service are begun and intended to be performed G In the first place that the Sea-men should have liberty freely to cast their Ballast there H without interruption if they find convenient none being compelled to it or hindred from it That neither those of the Town of Newcastle nor free Hoast-men I which sel all Coals do hinder the same indirectly by denying or unnecessary denying to carry down coals in Keels or Lighters to the ships which shall cast their Ballast at that Shoar to the end this shoar which may be for the safety and incouragement of Navigation and Shiping may be so used as the same may neither be prejudiciall to the Town in diverting or withdrawing of Trade nor to his Majesty in his Customs or Duty nor hurtful to the said River His Majesty will refer the ordering hereof to himself as wel in the particulars aforesaid as in all other things thereunto appertaining in such sort as both the Town and Seamen shall find his Majesties Regall care over them Sic subscripsit Ex. Majest See 12 Chap. 3. 18. D. F 23 A 42. E It is conceived Orders are no Laws and the latter Order which contradicts the former voids it So by this of King Charls voids King James's for the power of the River in Chap. 12. I CHAP. XX. Jarrow Slike c. A ON the 4th of December 1634. certain Lands and Wasts were discovered to the late Kings Commissioners at the Commissionhouse in Fleetstreet as belonging to the Crown concealed especially a parcel of Land or Waste in the River of Tyne called Jarrow Slike at South-Shields in the County of Durham which the water at a full Sea covers every Tyde and is by estimation 300 Acres a fit and convenient place for ships to cast Ballast at for many years to come without any prejudice to the River and great furtherance of Trade See Chap. 56. Chap. 34. A. B The Mayor and Burgesses of Newcastle hearing thereof put in their Claim to the said Commissioners and alleadged that all that ground belonged to them with all other grounds to a low-water mark from the full Sea mark on both sides the River from a place called Sparhawke in the Sea to Headwin-streams which is seven miles above Newcastle being fourteen miles in length granted to them and their Heirs for ever from King John by Charter and confirmed by his Successors and therefore beseeched time to make it so appear There being no such thing granted could never make it appear Along time was given them but nothing appeared as truth of any such Grant and two years after upon the first day of July 1637. they instead of wearying out the Commissioners and Gentlemen that discovered the same was called to make good their claim then they became Petitioners to the Kings Commissioners that they would be pleased to sell that parcel of wast ground called Jarrow-slike to them and to admit them to purchase the same for which they would give two hundred pounds by reason it lay more convenient for them then any else but they would give no more money for it See chap. 18. A. B See chap. 2. Upon which one Mr. Thomas Talbot and Mr. Richard Allen of London gave four hundred pound and got it The King upon the 27 of November 1637. by his Letters Pattents under the Great Seal of England confirmed the same Jarrow-slike and waste ground upon the said Talbot and Allen and their Heirs for ever they paying in to the Exchequor five pound per annum as a Fee-farm Rent which said ground is in contest between the said Gentlemen and Sir Henry Vane If this ground to a full Sea-Mark were really the Corporation of Newcastles it would have so appeared in the Charter granted by King John and also they then might have made good their claim and not to have become Petitioners to purchase the thing which was their own before even as they do in this so in other things Also if all ground be theirs from a full Sea-mark why were they Tenants to the late Dean and Chapters of Durham of certain ballast shores built to the low water-mark on which all ballast is cast And if all ground were Newcastles from a full Sea-mark why should Mr. Bonner c. buy the Lady Gibs ground and build a Ballast-shoar to a low water-mark and wrong the Town of their right And why should not Gates-head and both the shields which are built to a low water-mark pay Newcastle rent c. See Chap. 18. B 34. A. B. CHAP. XXI A KIng Charles in August in the 13. year of his Reign created a new Corporation of free Hoast-men in Newcastle called in English Coale-Engrossers and grants a Lease to Sir Tho. Tempest Knight with others for the selling of all Coals exported out of the River of Tyne and to receive eleven shillings and four pence per Chaldron Custome and twelve shillings from all strangers which shall be transported over Sea and to have two pence per Chaldron towards their charge and power to seize of all Coals sold by the Owners of such Coals sold In
in the same Port did exercise the Trade of a Free-Host-man in the year 1651. and imployed for his Fitter one Tho. Read who loaded several vessels with Coals and cleared them in the name of the said Mr. Dawson D And in the year aforesaid one John Grip master of a Hoy belonging to Hamborough was laden with Coals by the said Thomas Read and information being by this Deponent to the Survey or of the said Port by name Mr. Meriton that the said Grip had shipped a great quantity of Coals more then he had cleared for and paid the duty of Customes The said Mr. Meriton had acquainted the said George Dawson herewith After which notwithstanding information was made and seizure also should have been made He the said George Dawson did admit of a Post entry of a small quantity of the said Coals and after Cocket granted and did not unload the said Vessel to discover the fraud seize the same E This Deponent further said That about the same time the said George Dawson did unload another Vessel belonging to Peter Hofman of Dantzick to his great damage before any Cocket granted and refused to let any Entry be made though offered before full loading And for reparation thereof he gave to the said Master four Chalder of Coals custome free And the said Master George Dawson had and hath parts of ships * and Trades over Sea with Coals See Stat. 3. Hen. 7 7. * 14. Rich. 2. 10. Jonas Cudworth F These are humbly to certifie That David Lindiman Master of a Ship called the Fortune of Statin did load his ship with Coals in the said Port of Newcastle upon Tyne and cleared in the Custome-house for threescore and twelve Chalder of Coals And that Jonas Cudworth of this Town came and told me That the State was wronged of Custome for forty Chaldron of Coals in that ship and gave the names of the Masters of Keels or Boats that laid the Coals aboard and requested they might be sworn which was done and the Information found true The said Mr. Lindiman did pay for forty Chalder of Coals more then he had entred for in the Custome-house which Custome amounted to fifty and odde pounds All which I humbly conceive the State had been defrauded * of if the said Jonas Cudworth had not informed thereof See Stat. 11. Hen. 6. 15. Tho. Meriton Surveyor Newcastle upon Tyne 23. of March 1643. It is the old Proverb Foul Birds bewrayes their own Nest If one ship could cheat the State so much as fifty odd pounds Custome What do hundreds of ships do See chap. 46. B. CHAP. XLVI A GEorge Philips of London Master and Captain of a ship upon his Oath said That for his casting Ballast at Shields upon as sufficient Ballast-shoars as any can be could not obtain his loading of Coals for doing thereof being denied by the Mayor and Burgesses of Newcastle and lay five weeks for the same and at last obtained favor from one Major Tolburst and Mr. Readnal to furnish him with Keels or Lighters to fetch such Coals as he could procure And when he had loaded his ship Mr. George Dawson Collector of the Custome-house and * Officer of the Corporation of Newcastle sometimes Mayor Alderman Justice of Peace and Merchant and Mr. George Blackstone Cheque of the Custome-house issued out a Warrant under the Town-Seal and Custome-house-Seal to seize his Ship and Coals upon the 19. of April 1651. which Warrant is extant amongst the Records at White-hall See Stat. 3. Hen. 7. 7. * 11. Hen. 6. 15. George Philips B Coales the Chalder at Newcastle doth cost the Masters of ships ten shillings the Chalder Newcastle measure and one shilling custome ordained by Queen Elizabeth For all Coals carried beyond Sea by any English man pays by the Chalder for Coals and Custome eleven shillings four pence as by an Act of Parliament of the 28. of March 1651. appears For all Coals carried by any stranger payes the Chalder double being for custome per Chalder two and twenty shillings eight pence and Argiere duties c. in all six and twenty shillings and ten pence custome besides the price of Coals and Fraught For all Coals at the Market in every Port two shillings per Chalder Excise towards building of Frigots And for all Coals sold by the Tun one shilling per Tun. And for all Scotch Coals two shillings six pence per Tun. C And yet notwithstanding these Impositions Coals might be sold for twenty shillings the Chalder all the year long at London with greater gain to the Masters and Seamen if Ballast-shoars were at or neer the Shields D Provisions for the relief of the multitude of shipping above nine hundred sail and the Inhabitants there E Coals to be bought from the first hand then there might be as many more Voyages in the year as now they make F The Masters of ships desires onely their due measure and then they would not regard the odd Chalder given to the score All which they are debarred of most unjustly for commonly where ships takes in at Newcastle one hundred thirty six Chalder of Coals and expects to make at London two hundred and seventeen or else loseth besides having bad coals a long Voyage there are computed three hundred and twenty Coal Keels alias Lighters and every Keel accounts to have carried every year eight hundred Chalder of coals to ships then judge how many thousand London Chalder is carried away See Chap. 23. John Wrenham Robert Reâ—x CHAP. XLVII People robbed in the open Market and others onely passing through Newcastle A C E. Three Newcastle-men B. Isabel Orde D. John Williamson A ELizabeth Lumsdel upon her Oath saith That one John Williamsons wife and servants having bought forty pounds worth of Tobacco who dwelt at Braughton in the County of Cumberland which said Tobacco all duties of Excise Custome or Toul were paid and carrying the same through Newcastle towards Carliste-Market one Mr. Huntley and Mr. Stranguage Merchants made * a seizure of the said Tobacco and Horses by order from the Magistrates pretending it were Foreign bought and Foreign sold * and therefore confiscate to their use The poor people petitioned Sir Arthur Heisterigge for the same who interceded hard with them for the restauration thereof but it was refused yet they fearing Sir Arthurs displeasure sold the Tobacco for thirty pound and restored to the poor Owner but fifteen pounds thereof B This Deponent further affirms upon her Oath that about the same time one Isabel wife to Henry Orde sitting in open Market selling a role of Tobacco who had paid all duties the said Mr. Huntley and Mr. Stranguage made * seizure by strong hand of the said Tobacco from the poor woman and would not acquaint them with the reason whereupon in passion she called them Robbing Rascals for which they sued her poor husband in their own Court and put him to great expences she this Deponent with the said Isabel hard petitioned Judge
Thorp for her Tobacco who sent for the two Merchants and demanded the reason of their taking away the poor womans Tobacco in the open Market who produced a Warrant from the Mayor who likewise was sent for by name Mr. William Dawson the Judge demanded of him by what power he durst rob people in the Market who replyed Foreign bought and Foreign sold My Lord but command was given by the said Judge to restore the same but after departure it was not then the Judge granted a Warrant for restoring the same upon his going away and when it was shewed the Mayor he snatched it and put it up into his pocket and would not restore the said Tobacco but sleighted the said Warrant See Stat. * 3. Ed. 1. 24. â—1 Ric. 2. 7 27. Ed. 1. 5. 6. Ed. 6. 9. See chap. 49. 51. Eliz. Lumsdel CHAP. XLVIII A LEttice Hume upon her Oath said That no victual or other provisions coming in by Sea for the relief of Northumberland or County of Durham is permitted to be sold at Shields but all is compelled to Newcastle by the Magistrates and there ingrossed after three Market dayes Tuesday Saturday and Tuesday and payes double Tole * in and out pays double rates for the same and that she hath often known Boats and Provisions cast away and peoples lives in going and returning from Shields to Newcastle in stormy weather too and from the Market namely one William Reâ— with others in the year 1650. at the same time and before nor never any Coronor sate upon any of the dead bodies nor young Mr. Snape c. And that greater Rates are given for provisions being bought up by the Towns-men then might be had at the first hand See chap. 11. H 44. I 49. C * Stat. 3. Ed. 1 20. 23. Ed. 3. 6. * Mary Hume Lettice Hume proves the like B Mr. Richard Blewet brother to Commissary Blewet affirms that in or about the year 1649. Rye was at sixteen shillings the Bowl in Newcastle none to be got for the poor but from the Merchant who had bought it all up that the poor being in great want Sir Arthur Haslerigge caused the said Commissary to lay out a thousand pounds of the publick stock upon Rye from the first ships that came and to sell it for the relief of the poor four shillings under the Market which was done B The Merchants of Newcastle proffered to his said brother the Market price for all the corn he had bought which was sixteen shillings the Bowl when they saw the said Commissary sell for eleven shillings per Bowl to the poor and the Commissary was a great gainer at eleven shillings and paid as much as the merchant C And by reason the said Commissary did refuse some of them threatned if ten thousand pounds would break his back in suit for daring to sell Corn in their Town he not being a Free-man it should This Information I had from Mr. Blewet who will make it good upon his Oath when called and from Mr. Nich. Ogle They will neither doe good nor suffer good to be done much like the Dog in a Manger See Stat. 5. 6. Edw. 6. 14. 23. Edw. 3. 6. 2. Edw. 6. 15. 5. Eliz. 12. CHAP. XLIX A WIlliam Reavely of Lyn Master of a ship upon his Oath said That by reason of the ships not casting ballast at Shields above four if not five Voyages are lost in the year compleat B That all provisions brought in by Sea are compelled up to Newcastle and there ingrossed into the Free-mens hands people often going to Market have lost their lives and many starved to death in the two Counties which cannot get to Newcastle market in the Winter season by reason of the great storms of snows and the River frozen and no market allowed for the Countries relief at Shields where many thousand of Passengers Sea-men and Inhabitants are being twelve miles from any market in the fame County C That he this Deponent and ships company hath often been constrained to go to Sea without Bread or Beer none being to be got at Shields on a sudden and have drunk water for above five daies which hath so weakened his men that they were in great danger of their lives And that from Newcastle they often send down dead Beer and the Casks but half or three parts full from the Brewers of the said Town and bread wanting above two pence weight in the shilling and not looked after by the Magistrates D That they the said Mayor and Burgesses of Newcastle aforesaid did ruin one Mr. Johnson and Mr. Hilton for brewing at Shields for the relief of the ships And that they rooked from him this Deponent twelve barrels of beer which he brought from Lyn for the relief of the poor at Shields and made it confiscate Arrested him and cast him into prison sued him and made him enter into sixty pound bond never to bring in any more Also kept a bag of Hops which was sent to a friend in Northumberland and that he hath known them often do the like to others they being Judges Jurors and Witnesses in their own cause E That they take excessive Tole * above a peck of Corn of every Grain brought to be sold by vessels besides all other duties F That the said Magistrates force men to swear against themselves * and will not tollerate any Gentleman to build ballast-Shoars upon their own land G And that he this Deponent hath seen ballast Warrants signed by one of the Magistrates * only for Keels to carry up ballast from Shields and hath seen the Keel-men cast it into the River in the South Road to the Rivers great damages * And often dirt cast into the River by servants brought out of the Gates when no watchmen were kept See ch 39. A 12. 4 14. C 47. B 51. See Sta. 27. Ed. 1. * 51. Hen. 3. 15 * 11. Hen. 7. 4 * 5. 6. Ed. 6. 9 * 3. Ed. 1. 20 * 17. K. Char. * William Reavely G Hugh Farrow of Lyn Master of a ship upon his Oath said that he and his ships company having lyen so long at Shields for a fair wind with the fleet that when they had spent all their provisions at no time could obtain any from Shields by reason obstructed by the Magistrates And having sent up his boat and some of his men for some at Newcastle the wind came fair and on a sudden the ships all set sail to Sea So that he this Deponent must loose the protection of the fleet and hazard himself to the mercy of the Enemy or must leave his men and boat behind which the latter he did and was constrained to drink stinking water for four daies for want of Beer which might be conveniently got at Shields And he was in greater danger of loosing his ship for want of his men Hen. Farrow CHAP. L. A IO Gardener of London upon her Oath said That within this seven and twenty years or
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