to joyn issue upon to stand and fall by as I am by this challenging any to brand me with the least of injustice I ever did them being ready with my fortune to make good what I prosecute The thing I aim at is a right understanding between the free and unfree men of England a perfect love every one injoying their own and to be governed under our known and wholesome Laws as also an obedience thereunto and not by a hidden Prerogative alias Charters It being a wonder there dare be such presumption in this Corporation to exercise such insolencies which were the greatest obstructors of our Nations Liberties by garisoning that Town The Mayor Aldermen and Recorder with the Burgesses and others against the free-born of England which prohibited all Trade from the 9th day of January 1642. to the 14th of November 1644 in that Port which caused Coals to be four pound the Chaldron and Salt four pound the weigh the poor Inhabitants forced to flie the Country others to quarter all Armies upon free Quarter heavy Taxes to them all both English Scots and Garisons Plundered of all they had Land lying waste Coal-pits drowned Salt-works broken down Hay and Corn burnt Town pulled down mens wives carried away by the unsatiable Scots and abused All being occasioned by that Corporations disaffection And yet to tyrannize as is hereafter mentioned I appeal to God and the World Ralph Gardner Charter-Law with its Practice discovered CHAP. I. Newcastle upon Tynes Patron King John surnamed without land Raigned 17 Yeres and 7 monethes died â—9 daiâ— of october 121â— Was buried att Worcester in the 51. Yere of his age A KIng John who usurped the Crown of England was only for formalities sake sworn by a Bishop who being demanded the reason why he did so said that by the gift of Prophecy certified that at some time King John would take the Crown and Realm of England and bring all to ruin and confusion he pretending the King his Brother was dead in the time of his being absent beyond Sea being the first Author of Charters for gain and people like himself for lucre of gain sold their Birth-right to become Bodies Corporate and oppressors of the free-born people of England For before Charters were all the Free-holders of England were free to make Laws for the good of the Nation but Corporations being subordinate to such Laws as he by his Prerogative gave them being repugnant to the known fundamental Laws of England In the first year of his reign dreadful tempestuous weathers by rains that the grounds were so spoiled that whereas corn was sold for one shilling the Boule in King Henry the seconds daies then cost 13 shillings the Boule also an abundance of fish found dead upon the Land by the corruption of the waters no hay could be mowed and hale as big as hens eggs B He was an Usurper a Tyrant a bloody person a Murderer a perjured person a covetous person a demolisher of famous Towns with fire and a seller of Englands Supremacy to the Pope whose reign was oppressive and end shame For further satisfaction I refer you to his true History I shall onely give a brief of some passages in his reign He made a Law that all Jews that would not turn Christians should pay a certain great sum of money or be imprisoned and when they did turn they they should have their money again a young Merchant paid 60 l. to continue a Jew and after turned to be a Christian then he demanded his money from the King but he being unwilling to part with money demanded what reason he had to turn and sent for his Father and Mother to dis-swade him and to perswade him to change again to be a Jew C He gave command that all the Jews in England and Wales to be forthwith imprisoned men women and children by reason they turned so fast to be of his Religion and then seized on all their riches to satisfie his covetous disposition and such as would not confess where their money was pulled out their teeth and eies and then took the thirteenth part of all estates moveable to war against the Earls of Marsh who desired him to forbear but he would not for which they dispossessed him of all his Lands in France c. He having little love to his Wife Izabel the Queen was divorced pretending she was too near of Kâ—n to him and so took another D He murthered Duke Arthur Earl of Brittan his eldest Brothers Son being Heir to the Crown in the Castle of Roan in France and chased William de Branes out of England and caused his wife and children to be starved to death in Winsor Castle He dis-inherited many of the Nobility without Judgement of the Law and put to death Ramp Earl of Chester for reproving him for lying with his Brothers Wife and reproached others of his Nobles telling them how often he had defiled their beds and defloured their Daughters E He granted to the City of London their Charter and Letters Pattents to chuse their Mayor yeerly in the tenth year 1210 who governs well c. F He removed the Exchequer from London to Northampton and got a great Army to go against the King of Scots but the King of Scots met him and did him homage and gave him his two Daughters as pledges and Eleven thousand Scotch Marks and upon his return took homage of the Free-holders of England and sware them to his allegiance all above 11 years of age G He made oath to be obedient to the Pope of Rome by name Innocentius to Randolphe his Bâ—ll who went with his Nobles to Dover where he met with the said Popes Bull and there resigned the Crown with the Realm of England and Ireland into the Popes hand See his Oath in chap. 59. B Upon which the Bishops who he had banished returned to England by leave from the Pope King John met them and fell flat upon his face on the ground and asked them forgiveness melting bitterly into tears c. H He grants the very next year after his power was given to the Pope unto the Town of Newcastle upon Tyne Letters Pattents to be a Corporation and to hold the said Town in Fee-farm at the rent of 100 l. per annum as by the said recited Letters Pattents in the second Chapter more at large appears An. 1213. Surely this Charter is not good by Law c. I He was the cause of firing the chief Town in Northumberland called Morpeth and caused many more Towns in England and Wales to be burnt The Barons of England being armed demanded of him the Laws and Liberties granted by King Edward the Confessor vulgarly called St. Edward he desired respite till Easter and gave Sureties to perform them K He met with the Barons of England in Running Meadow between Winsor and Stains upon the 16 of June granted under his hand to them the Liberties of England without
the Town of Gates-head unpunished and that often they cast Rubbish into the River and also that the Bridge went to decay very much which belonged to that Town humbly beseeching that his Majesty would be graciously pleased to incorporate that Town with them under their Government with all its members and Salt-meadows and Park and that it may be quite taken from the County of Durham and all the people therein to become subordinate to their Laws Be it Enacted that the whole Town of Gates-head with the Salt-meadows the whole Water and Bridge with all the Liberties thereunto belonging except the Common which shall still remain to the inhabitants be incorporated with Newcastle and dis-joyned from the County of Durham as Newcastle was from Northumberland by Charter King Richard The Second RICHARD the 2. borne at Burdeaux Sonne to Edward Prince of Wales begann his Raigne the 21 of Iune An o Dni 1377. he RaigÌ„ed 22. Yeares was Deposed died the 14. of February 1399. First buried at Langley in Hartfâ—dshire afterwardes of Westmister A Free Trade in all England A STat. 11. Richard 2. 7. and the 14. Richard 2. 9. Be it Enacted that all Merchants Aliens and Denisons and all other and every of them of what estate or condition they bâ— which will buy or sell Corn Wine Averdepoize Flesh Fish and all other Victual or other Merchandizes and all other things vendible from whencesoever they come in whatsoever place they please be it City Borough Town Port of the Sea Fair Market or other place within this Realm within Franchizes or without may freely or without disturbance sell the same to whom they please as well to Foreigners as to Denizons except to the enemies of the King and of his Realm And if any disturbance be done to any such Merchant c. upon his sail of the same in any of the places aforesaid the Mayor and Bayliffs of such Fanchizes shall make remedy but if they do not and being thereof convicted the Franchizes shall be taken into the Kings hand and the party grieving shall make to the Merchant grieved double damages And if such disturbance be out of the Franchized Towns then the Steward or Bayliffe of such Lord who is Lord of the Mannor shall give right or pay double damages the party offending shall be imprisoned for one whole year and that none such shall be disturbed but shall freely buy and sell for his own use or to the Kings c. except that the Merchant Aliens shall carry no Wines out of the Realm as it is contained in their Charters And that the said things be holden kept and performed in every City Borough Town Port of the Sea or any other place notwithstanding any Charter of Franchize to them granted to the contrary nor Usage Custome nor Judgement given upon their Charters Usages nor Customes which they may alleage which Charters Usages and Customes the said King the Grand-fathers the Prelates Earls Barons and great men and Commons in Parliament aforesaid Holds these said Charters c. of no force and as being things granted used and accustomed to the damage of the King the Prelates Earls Barons and great men of his Realm and great oppression of the Commons saving to the King and to other the Customes due of the said Merchandizes And the Chancellor Treasurer and Justices assigned to hold the Pleas of the King in places where they come shall enquire of such disturbances and grievances and do punishment according as is before ordained And by a Statute made the 25. Edw. 3. 2. It was Ordained and Established That the said Statutes made in the ninth year Chapter 1. in all Points and Articles contained in the same should be holden kept and maintained c. And if any Charter Letters Pattents Proclamations or Commandements Usage Allowance or Judgement were made to the contrary the same should be utterly repealed avoyded and holden for none And that it is free for any whatever that brings any provisions whatever to sell the same or other Merchandizes by Grosse or retail either in the City of London or any other Port City Borough or Town-Corporate in England without challenge or impeachment and to sell them freely to any that will buy the same notwithstanding any grant whatever to the contrary notwithstanding any Franchize Custome used since such Franchizes and Customes Usages be in common prejudice to the King and all people c. And that no Mayor Bayliff Catch-pole Minister nor other shall meddle in the sail of any manner of Victuals vendible brought to the places aforesaid And all men that will sue may have a Writ out of the Chancery to attach him by his body that offends herein as a disturber of the common profit c. The King seeing cleerly if the said Statutes were duly put in execution would much extend to the profits and wealth of the whole Nation do Ordain and Establish by assent of the Prelates Dukes Earls Barons great men Nobles and Commons in this present Parliament assembled That the said Statutes shall be firmly holden kept maintained and fully executed in all Points and Articles of the same notwithstanding any Ordinance Statute Charter Letters Pattents Franchizes Proclamations Commandements Usage Allowance or Judgement be made or used to the contrary it shall be utterly repealed avoyded and holden for none This Statute was obtained by a Petition worth reading from all the Nobles and Commons of England as you may read in the ninth of Edward the third Chapter the first it laying open the great grievance of the whole Nation in Parliament of Provisions and other Merchandizes being engrossed into private hands and restraining all others from trading but themselves c. See Chap. 29. C 30. D 32. D 35. A 38. A 51. B. C. This Statute revived would make England as happy as Venice for Riches c. Merchant-strangers shall be well used B Stat. 14. Rich. 2. 9. Be it Enacted that Merchant-strangers repairing into the Realm of England shall be well and courteously and rightfully intreated and governed in the said Realm to the intent that they shall have the courage to repair into the same See Chap. 30. B 41. A. The Duke of Venice by tollerating a free Trade all the Nobility and Gentry trades in Merchandizings which doth so improve his revenew that it maintains his Wars without other Impositions he being able to wage war with the most potentest Prince that is c. No Customers to be Traders nor to have parts of Ships C Stat. 14. Rich. 2. 10. The King ordains that no Customers nor Controlers have any ships of their own nor meddle with the fraught of ships and to eschew as well the damage of the King of his Customes as the losse of the Merchants repairing to the Port as well Aliens as Denizons And that no Customer Controler Searcher Waiter or Finder have any such Office for terme of life but onely as long as shall please the King notwithstanding
Englands Grievance DISCOVERED In relation to the COAL-TRADE WITH The Map of the River of TINE and Situation of the Town and Corporation of NEWCASTLE THE Tyrannical oppression of those Magistrates their Charters and Grants the several Tryals Depositions and Judgements obtained against them WITH A Breviate of several Statutes proving repugnant to their Actings With Proposals for reducing the excessive Rates of Coals for the future And the rise of their Grants appearing in this Book By Ralph Gardiner of Chriton in the County of Northumberland Gent. London Printed for R. Ibbitson in Smith-field and P. Stent at the White horse in Giltspur street without New-gate 1655. For his Highness Oliver Lord Protector of the Commonwealth of England Scotland and Ireland c. May it please your Highness THe Nation finding your fatherly care over them in the well ordering and governing according to the Laws Statutes and Customs endeavoring peace causing Justice and Law to be equally administred have cause and do bless God for the same Upon serions consideration whereof I shall not dare or presume to use Arguments to induce your Highnes to lend an ear to hear the Nations grievance or what may be presented for its good but do humbly present herein some collections of Records taken out of most Judicatures concerning the abuse of the Coal-Trade the Burrough and Corporation of Newcastle upon Tine its Charters Evidences and Depositions proving thereby general wrongs and insupportable burdens viz. First Forcing people to lose their lives others to swear against themselves others to cut purses in their Courts for gain and all to themselves illegal and false arrests and Imprisonments refusers of Bail and disobeyers of Habeas Corpuses great and usual Impositions and arbitrary Fines contemners of your Law Judges Jurors and Witnesses in their own causes converting all Fines Felons Goods and Wrecks to their own use destroyers of that famous River of Tine forcing ships and boats to sink and imprisoning those that dare to succor them Ingrossers of all Coals and other commodities into their own hands from the Inheritors by Patent with other irresistable Oppressions like to the Spanish Inqusition and practice of the High Commission and Star-Chamber being put in execution at this day in that Town by command of the Magistrates and other their Officers And what they cannot do by force of their Charter amongst themselves against any private person opposing then by Combination ruin them at Law by their Delatory Plea and out-pursing them to the high dishonor of God and your Highness and tending to the peoples undoing Humbly beseeches for the glory of God the fame of your Law the contentment of the free people of England the preservation of Trade and Navigation and increase of your publique Revenue II. That no confirmation bee of that Towre of Newcastle upon Tines Charters or usurped powers but that a speedy remedy be had either by Quo waâ—ranto or otherwise and their Magistrates may suffer according to their offences III. That no Arrests be made in that Town except by process from above or under forty shillings by reason they understand not the Law and commonly their Judges will master Reason IV. That Commissioners of Sewers in Northumberland and County of Durham be forthwith impowred for the preservation of that River otherwise it will be quite choaked up and thereby no Coals to be got but at excessive Rates V. That an Ad quod damnum be granted for a Market at Shields which will prevent the loss of many a poor souls life for the future VI. Or that a revival of that never to be forgotten Statute 11. Ri. 2. Cap. 7. for a free Trade to all which voided all Monopolies and Charters as being the greatest grievance in a Commonwealth c. It will not onely make this your Nation equivalent with Venice Holland and other free rich States in riches but preserve Timber and reduce Coals under 20 s. the Chalder all the year at London but also augment to your publique Revenue above 40000. l. per an in that very Port of the River of Tine VII That your Royal protection be granted to such who prosecute a cause in behalf of your Highness from the hand of violence during the time of their prosecution That the Clause in the 21. K. James chap. 3. viz. for all informations upon penal Statutes to be prosecuted in the respective Counties be voyd by reason the Judges alias Sheriffs are the offenders and no right can be got against them the honorable Judges of both Benches hands being tyed up for want of an Appeal obstructed by the aforesaid Statute VIII If their Charters and illegal Privileges be confirmed undoubtedly it will sacrifice the Peace of your Nation lessen your Interest with the Free-born weaken your Power loose the bonds of a quiet Government extirpate the pure Laws and advance disorder and confusion it being humbly conceived this happy change of Government voids their Charters they being no Laws but meerly Prerogatives to Englands comfort IX That Sheriffs and their Substitutes may be liable to the punishment of Perjury for breach of their Oath in denying Bail to such as are capable for not returning Writâ— of Habeas corpus and other their false Returns as others in other natures X. And that a Law be created for death to such that shall commit Perjury Forgery or accept of Bribery XI All which are laid at Your Highness and Councils feet to do as God shall direct for the relief of the oppressed Ever subscribing my self a Servant to your Highness and the publique RALPH GARDINER To the Reader Courteous Reader I Set not out the Map of the River of Tine for ships to steer their course by but for a Demonstration to such Judges as may be appointed Regulators of the great abuses done thereunto nor the Effigies in my Book for other Corporations to act the like by but that the irregular proceedings therein and cruelty of this Corporation of Newcastle may the plainer appear not onely to his Highness and Council Parlament Admiral Army Judges Gentry but also to the commonalty of the Nation that they may expel out of their thoughts such tyranny as is there enacted by Charter-Law being nothing more of my labours and pains than what I am bound in Duty and Conscience for the relief of the oppressed resolving with Gods assistance to continue so doing to the uttermost of my power Probably I may have omitted some circumstances relating yet am I confident nothing comprehended but the naked truth and what omissions are in this in my next will appear if I miscarry not by an unknown hand I doubt not but some person may answer this iâ— Print or require further satisfaction therein I am ready to receive the one and declare the other but well I know the truth hereof cannot be disproved Such may if they please whose natural dialect is detraction apt to stain and sting with calumny and slander sooner than make a just defence
any difficulty and the whole Realm was sworn thereunto And soon after subtlely and privately sends to the Pope and other Nations for Armies to make void those Charters and Liberties granted to the Barons and to subdue England and promised them great rewards Forty thousand Souldiers that were to have Norfolk and Suffolk to conquer England for King John were all cast away on the Sea The Pope sends in great strength who landed at Dover and destroyed many Towns by fire and with the sword slew many thousands of people the Pope excommunicating the Barons particularly by their names great subversion and dissolution thereupon fell laying all Hedges and Ditches level tormenting the Barons with their wives c. L The Barons were necessitated to send for Lewis Son to the King of France for to come with an Army to joyn with them to conquer King John whose cruelties were intollerable which was done and King John overthrown and forced to flee towards Lin being poysoned by a Monk at Swinsted the reason he gave was that if he had lived half a year longer a half penny loaf would cost 20 s. he died and was buried at Worcester and King Henry the third Son to King John of nine years of age was crowned at Glocester c. M The reason of King John his granting Charters in England and making Corporations was for that he had but little land to raise great Rents from them and to assist him with strength by out-voting the Knights of M the Shires as is hereafter exprest For all Free-holders of England that had forty shillings a yeer met two times a yeer at Sessions Meadows neer Rockingham Castle in Northampton-shire and there made such Laws as the Nation was governed by and confirmed by the King N King John resolving to have Monies and Aid of men to go to Normandy to conquer them could not conveniently motion it by reason of the numerousnesse of the Free-holders but made a speech to them that he had contrived a very â—it and convenient way for the making Laws for the good of the whole Nation which was that by reason he conceived it a great trouble for all them to come so far for that purpose onely to make Laws that they would chuse two Knights of every Shire and County in England and Wales and give to them the full power of the Nation and then the said Knights to come and fit with him in Parliament at Westminster and also to allow them four shillings a day out of the County stock which more plainly appears in the Statute of 35. Hen. 8. Ch. 11. Knights to have 4 s. per diem and Burgesses 2 s. per diem O King John when he had got the hundred and four Knights in Parliament they having the full power of the Nation from the Free-holders immediately required from them great Subsidies and Armies to go for Normandy to recover such Lands as he had lost P The Knights answered they onely were intrusted to make Laws and not to taxe the Free-holders who had intrusted them and not to raise Armies and that by so doing they could not discharge the trust reposed in them Q The King finding his expectation frustrated having nothing doubted but to have wrought his design on so small a number Mastered his passion and not long after acquainted the Knights that he was sorry for the great burden which lay upon them for making Laws being for a publick and that they were too few in number and that he had found out a way how to ease them and bring in a great revenew to free the Nation from impositions R Which was that he resolved to Incorporate all the great Towns in England and Wales and depute Magistrates to govern as his Lieutenants and every Corporation should hold their Town in Fee-Farm from him and his heirs at a certain Rent some more others lesse according to the quality c. S Also that every Corporation should chuse two Burgesses to â—it and vote with them in Parliament they knowing the state of every County and the Burgesses of the Corporation by which means the Burgesses being more in number then the Knights might out-vote them and vote for him the Knights medled not therein at all but were out-voted by these Vassals and Tenants to the King they granting to him what ever he demanded or else must forfeit their Charters And he granted to them what ever they demanded c. T The Free-holders of England were represented in Parliament by their Knights in their Election And if the Burgesses were Free-holders then represented in the same Knights V But if the Burgesses were no Free-holders then no power in England to make Laws or to â—it in Parliament to out-vote the true Representative which are the Knights especially representing no body further then the will of the King who was onely to confirm Laws but not to make them King John had four considerations in making great Towns Corporations 1 To assume â— Prerogative 2 To raise vast sums of Mony 3 To divide the Nation 4 To enslave bodies Corporate by being his Vassals and Slaves Charters are no Laws and nothing is binding that is not lawful no Laws are made but by Parliament read Stat. 2. Edw. 3. 8. CHAP. II. Newcastles first Charter A KIng John by his Letters Pattents dated the day of in the fourteenth yeer of his Reign and in the Yeer of our Lord 1213. Granted Demised and Confirmed to the honest men of the Newcastle upon Tyne and to their Heirs his Town of Newcastle upon Tyne with all the Appurtenances to Fee-farm for one hundred pounds to be â—endred to the said King and his Heirs at his Exchequer to wit at the Feast of Eaâ—ter fifty pounds and at the Feast of St. Michael other fifty pounds saving to the said King the Rents Prizes and Assizes in the Port of the said Town Further he grants to them and confirmeth one hundred and ten shillings and six pence of Rent which they have by the gift of the said King in the said Town of Escheats to be divided and assigned to them who lost their Rents by occasion of a Ditch or Trench and of the new work made under the Castle towards the River or Water so that thereof they might have the more that lost the more and they that lost the lesse should have the lesse He also granted to them for him and his Heirs that in nothing they should be answerable to the Sheriffe nor to the Constable for those things which belong to them as the said Charter testifieth Wherefore he willeth and firmly commandeth that the said men and their Heirs may have and hold the same Town with its Appurtenances to Fee-farm for the said hundred pounds yeerly to be paid as is aforesaid well and in peace freely quietly and intirely with all Liberties and free Customes which they were wont to have in the time of King Henry the 2. Father of the said King
wholesome profitable c. according as they shall think good for the good Rule and Government of the Governor Stewards and Brethren of the said Fraternity and for Declaration by what means and Order they fo 151. and their Factors Servants and Apprentices in their Office and businesses concerning the said Fraternity they shall have carry and use c. And that the Governor Stewards and Brethren of that fraternity c. as often as they grant make ordain or establish such Laws Institutes inform fo 152. and they may impose such pains penalties punishments and imprisonments of body or by fines c. upon all Delinquents against such Laws S Institutes c. as to them shall be thought necessary and requisite and as to them shall be thought best for the observation of the said Laws Ordinances c. fo 153. and the said fines and amerciaments at their discretions they may levy have and retain to them and their Successors to the use of the Governor Stewards and Brethren aforesaid without calumny c. All which and singular Laws Ordinances c. the said late Queen willeth to be observed so that the said Laws Ordinances fo 154 c. be not repugnant to the Laws or Statutes of the Kingdom of England And further the Queen granteth to the said Governor Stewards and Brethren c. and to their Successors that for ever hereafter they and their Successors c. fo 155. may have and shall have full power from time to time at their pleasure to chuse name and ordain other inhabitants and Burgesses of the said Town c. to be and shall be Brethren of the said Fraternity c. who so elected nominated and sworn shall be named and be Brethren of that Fraternity Moreover fo 156. the said Queen grants licence power and authority to the said Governor Stewards and Brethren c. and to their Successors that they for the time being and their Successors and every of them for ever hereafter may and shall quietly and peaceably have hold use and enjoy all such Liberties Privileges c. fo 157. concerning the loading and unloading shipping or unshipping of Stone-coals Pit-coals * Grind-stones Rub-stones and Whetstones T And that they may for ever hereafter load and unload ship and unship in or out of any ships or vessels Pit-coals and Stones aforesaid within the said River and Port of Tyne in any place or places as to them shall be expedient fo 158. between the said Town of Newcastle c. and the aforesaid place in the aforesaid River called the Sparhawke so nigh to the said Town of Newcastle c. as conveniently may be done according to the true intention of these Letters Pattents as the men and Brethren of the said Fraternity at any time have used and accustomed notwithstanding the Statute of King Hen. 8. the 3. of Novemb in the 21. year of his reign and from thence adjourned to Westminster holden published 1559. Intituled An Act concerning Newcastle and the Port and c. to the same belonging or any other Act c. notwithstanding And the said Queen also willeth c. for that express mention c. Witness the Queen at Westminster the 22 of March in the 13 year of her reign fo 160. What a world of profits is given from the Crown which ought to maintain it and would have so filled the Coffers as that there had been little need of Sesments c. Having read some works of those late famous Expositors of the Law I drew two or three heads out as Observations for the knowledge of those who know them not written by way of explanation of our known Laws as being a Law used time out of mind or by prescription The Law of Nature is that which God infused into the heart of man for his preservation and direction and that the Law of England is grounded upon six principle Points the Law of Reason the Law of God divers Customs of this Land of divers principles and maxims divers particular customs and of divers Statutes made in Parliament The fundamentall Lawes of England are so excellent that they are the Birth-right and the most antient and best Inheritance that the free people of England have for by them they enjoy not onely their Inheritance and Goods in peace and quietness but their Lives and dear Country in peace and safety Cooks Preface to the sixth Replication and on Littleton l. 2. c. 12. sect 213. Sometime it is called Right sometime Common Right and sometimes Communis Justitia and it is the same Law which William the Conqueror found in England the Laws which he sware to observe were Bonae c. approbatae antiquae Regni legis Charter-Law being so repugnant to the above written and so destructive to the weal of the people that never any Writer ever writ of them nor ever any Parliament Enacted their publication knowing they were no other then Prerogative and dyes with the Donor And it is an infallible rule where no Law is published there cannot be any transgression or obedience required The Corporation of Newcastle hath but two Supporters to stand and fall by first Prescription secondly Custom As to Prescription a Quo Warrante will avoid that upon a legall tryal it being understood that Charters are void by reason of the change of Government if not yet by breach of Charter exceeding their power being nothing else then a fallacy And as to plead Custom they have no right nor never in possession of what they claim Customary Right is good Law but Custom without Right is but an old error and ought to be removed Drunkenness and Swearing is customary is it fit it should stand because of its custom Kings were before Corporations and could have better justified themselves for a continuance than Corporations by reason they might plead Hereditary or Electary Conquerors or Customary yet being found a grievance was taken and removed for their Arbitrary actings why then must their power stand that is no Law If it were justice to execute those two Judges Empson and Dudly for onely putting a Statute Law in execution not repealed which is above Charters being grievous to the people it were nothing more to execute Justice upon such who acts the same without any Law King John who was a Murderer yet commanded a murderer to be taken from the Altar and sent to the slaughter Here was Justice Why do not our just Judges send such like from the Charter to the slaughter If Strafford lost his life for acting oppressively by an Arbitrary power why not others for the same CHAP. XII King James his Charters and Orders Mars Puer Alecto Virgo VULPES LEO Nullus Iamâ—s king of England Scotland and Ireland â—â— A KIng James in the second year of his reign being humbly supplicated by the Mayor and Burgesses of Newcastle that he would be graciously pleased to confirm all their antient Grants and Charters and to give them
practice of the said Town of Newcastle in debarring Masters of ships to make use within the River of Tyne of what Ship-Carpenters they please or find fittest for their own conveniency and in constraining them to use onely the free Ship-wrights of the said Town of Newcastle is very prejudicial to Trade and Navigation See ch 33. A 38. A. B. C N That it hath appeared to this Council notwithstanding any thing to the contrary alleadged c. that through the Winds Rains and other casualties washing down the Ballast of those that are called the Town of Newcastles Shoars having been a great newsance and prejudice to the River and in the higher parts thereof See ch 34. C 35 A. B O And that the practice of the said Town of Newcastle in constraining the said Masters of ships to come up the River and to heave out their Ballast at the Town shoars only P and hindering them to load Coals and discharge their Ballast where they may with safety perform it as well to the Road-stead it self as to their shipping is a damage and inconveniency to Trade and Navigation See ch 34 C 44. A 41. A 44. E 32. D 43. D 29. C 31. A Q To hinder any ships to buy or take in at any place of the said Port Bread and Beer for their own spending and victualling is also a very great hinderance to Trade and Navigation See chap. 48. A 49. C. D. G. 50. A 51. B 44. E 29. A R That notwithstanding for the better regulating such farther Liberties as shall be granted in the granting of the said Provisions building of Ballast-Shoars defraying the charge and for the preservation of the River for the future be intrusted into faithful able mens hands to see the same put in execution as to the wisdom of the Parliament shall be thought fit c. John Johnson Clerk pro tempore CHAP. XXVI A Judgement at the Common-Law obtained against Newcastle c. A THomas Cliff a Ship-Carpenter who hath been very instrumental in saving many ships from sinking and at easie rates for his working upon a ship in the same River of Tyne in the year 1646. had got a ship off the Rocks with the help of his Servants and other Work-men for which the Mayor and Burgesses of Newcastle sent down Sergeants with other Burgesses to the Town of North-Shields which is in the County of Northumberland to bring the said Cliff and Servants to their Prison in which service the said Sergeants killed his Wife brake his Daughters Arm and â—ed his Servants to Prison * as you may read Chap 36. And then sued the said Cliff by an English Bill in the Exchequer and held him in suit five years and upwards the Suit being commenced in the name of the Mayor and Burgesses of Newcastle Complainants against Tho. Cliff Defendant the Merchants and Burgesses of that Corporation came in as witnesses in their own Cause as you may find upon Record in the Exchequer where they were examined in the year 1649. Janu. 27 by vertue of a Commission c. also they were cross examined c. which said Suit was transferred to the Common Law and to be tryed at York Assizes in Hillary 1651. the Verdict went for the Defendant Cliff which said Judgement expresses that the Mayor and Burgesses ought to be severely fined c. for their unjust claim in that Port of the River of Tyne and shall pay 30 l. costs c. which said Bill is in the Office of Pleas in Lincolns-Inn c. See chap. 19. C 24. A 25. A 54. 28. CHAP. XXVII To the Supream Authority The Parlament of the Commonwealth of England The humble Petition of Ralph Gardner of Northumberland Gent. in behalf of himself and many others whose desires are thereunto annexed c. Sheweth A THat many great Complaints of grievances and oppressions presented to the Council of State in the year 1650. in writings by many Captains and Masters of Ships with others against the Magistrates of Newcastle upon Tyne in relation to Trade and Navigation The Council of State by Order transferred the same to be examined by the Council for Trade and after a long Debate at several times divers Witnesses were sworn and Counsel had on both sides The Council for Trade drew up a Report thereupon to present to the Parliament conducing much to the good of Trade and Navigation which said Report hath lyen dorment ever since to the great detriment of the Commonwealth in the excessive prizes of Coales and otherwise Your Petitioner humbly prays That those Reports and Papers may be called for and reviewed and these annexed desires inserted to do therein as to Your Wisedoms and Justice shall seem meet And as in duty bound shall pray c. Ralph Gardner Henry Ogle 29 Sept. 1653. Gardners Desires to the Parliament B THat North-Shields be made a Market Town it being seven miles from Newcastle and twelve miles from any Market in the same County which would relieve the Garrison of Tinmouth Castle the Inhabitants which be thousands the great confluence of people resorting thither the great Fleets of ships daily riding there would further them to make many more Voyages in the year save Boats and mens lives which are often in danger of being cast away in stormy weather * also by which means the people would be releived with provisions during the time the River is frozen and half in half cheaper than from the second hand besides the lost of a daies labour and great charge to the poor in going by water in boat-hire and save the life of many a man and beast from falling into Coal-pits which lies open after the Coals wrought out being covered with snow c. See chap. 29. A 48. A 49. B 50. A 51. A C That the Mayor and Burgesses may no more imprison poor Artificers onely for working upon their Trades in or about the River See chap. 36. A 38. A. C D That they may not cast men into prison for saving of ships from sinking nor keep men in prison till they give them Bond never to work upon their Trade again See ch 33. A 36. A 38. A E That they may not force all goods brought in by Sea for the Salt and Coal-Works use at and near the Shields to be carryed up to Newcastle where there is no use for the same See ch 50. F That the Coal Owners of Northumberland and County of Durham may have free liberty to sell their own Coals to ships and not to be inslaved by the free Hoast-men of the Town of Newcastle G That any person may have liberty to build ships and vessels in the River of Tyne without the molestation of the Magistrates of the Town of Newcastle for the increase of Trade and Navigation H That no Masters of ships may be imprisoned for refusing to swear against themselves according to the practice of the Star-Chamber it being a great discouragement to Trade and disquieting of the
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
Bishop of Durham who killed Levisus was killed by them for which William the Conqueror sent down Odo with an Army who totally laid Northumberland to waste cut off the heads of all the people after they had dismembred them Little of Confession or Repentance was by King John as was by William the Conqueror for he upon his Arrest at the Suit of Death confessed he had committed many outrages and won England by the Sword and not by Inheritance and was heartily sorry for the wrongs he had done and required his body to be buried at Cain in Normandy when he was dead they would not affoard him a burial-place till such time as one of his relation was constrained to purchase so much ground but soon after they defaced his Tomb took up his bones and brake them and cast them away In the fifteenth year of King Richard the second the Scots burnt all the Towns of Northumberland and the North as far as York except Rippon who redeemed themselves with a sum of mony In the sixth year of King Edward the third 1332. a great Battel was fought between the English and the Scots near Barwick where was killed eight Earls fifteen hundred Horse and thirty five thousand Foot In the thirteenth year of King Edward the third 1339. An inundation of water surmounted the Wall of Newcastle and broke down six pearches in length and drowned one hundred and sixty persons neer the Wark Knowl In the year 1345. William Douglas lead into Northumberland above thirty thousand Scots and fired many Towns but was overcome by a stratagem with Bishop Ogle The next year 1346. King David King of the Scots entred Northumberland with a great Army and fought at Nevils-Crosse where he was overthrown himself taken prisoner by one Copland of Northumberland who had five hundred pound per Annum given to him and to his heirs for ever In King Richard the seconds dayes 1379. the Scots entred England and killed all men women and children in the North parts notwithstanding the plague was sorely amongst them 1383. The Scots entred England and lead all the people away prisoners that were in Northumberland and laid that County to waste 1384. They entred again and did the like 1389. The Scots again invaded England where a great battel was fought at Oâ—terborn in Northumberland where they were over-thrown and eleven hundred killed and thirty thousand put to flight who upon their flight killed men women and sucking babes and filled houses with people two hundred in a house and then shut the doors and fired the houses 1399. King Richard the second caused seventeen Counties to be indicted pretending they were all against him with the Duke of Glocester Arundel and Warwick and commanded them all to give it under their hands and seals that they were Traytors though indeed they never were And then he makes them pay some a thousand pound some more some lesse King Henry the fourth Great fights were between Doughlas and Piercy in the North. And in the years 1639. and 1643. and 1648. It being well known to all the misery they brought upon the North and heavy Impositions both upon the North and South parts as appears in the close of the Epistle to the Reader c. It is no small mercy that we now live so in peace here being none of those bloody times and our Ancestors would willingly have enjoyed this mercy and we hunger after blood which they wallowed in what bloody minded men are these I wish them in better minds and to be contented with that which in former times could not be obtained Many have admired the poverty of Northumberland as well they may for what with the bloody Tyrants the Scots on the North of that poor County and oppressive Corporation of Newcastle on the South thereof bounded in with the High-lands on the West and the Sea on the East that it can get nothing but stroaks and worried out of what they have and not being tollerated to make use of their own and cold blasts from the Sea but it would be otherwise if such Gentlemen might be re-imbursed for such sums of money as they would expend to vend Coals out of Hartly Blithe and Bedlington Rivers which be convenient places to vend them at after some charge which would be done by having either their money again or Custome free for some years to re-imburse them which would not onely make that poor County as rich as any is but reduce the excessive rates of Coals and Salt and bring in many thousands per Annum into the publick revenew c. enable the people to be serviceable and abundantly increase Trade and Navigation as also there being as good Coals as possibly can be burnt which now lyes c. and others not knowing their right is stript of it But if one thing they look after which is to examine some Records they may perceive what is their Rights and which was especially in a book lodged in the Exchequor made in the year 1080. it being called Domus Dei or Dooms day being a perfect Survey of all the Lands in England the Rent Value Quantity c. by which William the Conqueror taxed the whole Nation and it goeth by the name of the Role of Winton being ordered to be kept in Winchester and recites the Earldomes Hundreds Tythings Woods Parks and Farms in every Territory and Precinct with Plowlands Meadows Marshes Acres c. what Tenements and Tenants then the Corporation of Newcastle might be as glad to keep what is their own as they are to take from others c. CHAP. LVII THe reason of my Collecting these few Statutes is to shew how they are intrenched upon by an illegal Charter and pressing upon a remedy shal cite Poulton which is that seeing we have all received and allow it for truth that the ignorance of the Law doth excuse none of offence and also that the Law doth help the watchful and not the sloathful man Therefore it behoveth each person first to seek the knowledge of those Laws under which he doth live and whereby he is to receive benefit or to sustain peril and next with all industry to frame his obedience unto them or humbly to submit himself to the censure of them And though we find by experience that some men by the sluggishnesse of their natures others by the carelesnesse of their own welfares And a third sort wholly given over to pleasures and vanities do little respect to know and lesse to obey our criminal and capital Laws being things of great moment importance and therefore do oftentimes taste the smart of them and repent of their follies when it is too late Many there be that by reading desires to conceive them others for increase of their knowledge others in their actions to be directed by them therefore to content such as knoweth not as yet these heads that they may know what they condemn and do tend to the breach of the peace of
paid c. K London-Derry onely for exceeding their power in their Charter were served the very like c. This Writ would do the like to Newcastle if acted for exceeding their powers and not burying Mr. Snapes son one Gray and William Rea who were drowned in that River as they are tyed to do by Charter See Chap. 10. O. P. And see Chap. 29. A 48. B 49. Y No distresse without Warrant L Stat. 34 Ed. 1 2. The King ordains that no officer of his or his Heirs shall take any Corn Cattle or any other goods whatever from any person without the good will and assent of the party to whom the goods belonged See Chap. 47. A 30. B King Edward the Second King Edward the 2. surnamed Carnaruen was crouned att Westminster at the 22. Yere of his age the 24. of febru 1308. he Raigned 19 Yere 6 monethes was deposed the 25 of Ianiâ—arius 1326. he was slayne in the Castle of barkley in the 43 yere of his age Breaking of Prisons A STat. 1. Ed. 2. 1307. By the Common-Law of England if a man had been imprisoned and broke the prison he should have been hanged for what cause soever he had been imprisoned yea although it had been but for Trespass which great enormity was redressed by this Statute of 1 Edw. 2. intituled De frangentibus prisâ—nam the words where be these Touching Prisoners breaking of Prison our Lord the King doth will and command that none which from henceforth do break prison shall have Judgement of life and member for the breaking of prison onely except the cause for the which he was taken and imprisoned doth require such Judgement if he should have been convicted thereof according to the Law and Custom of the Realm though in times past it hath been otherwise used and therefore it is to be considered who is a prisoner and what is breaking of prison according to the meaning of the aforesaid Statute every person who is under arrest for Felony is a prisoner as well being out of the Goal as within so that if he be but in the Stocks in the Street or out of the Stocks in the possession of any that hath arrested him and doth make an escape that is a breaking of prison in the prisoner for imprisonment is none other but a restraint of liberty Rast pla fo 247. 340. Kil fo 87. Dyer fo 99. Fitz. Coron 134. Bro. Coron 79. Unsufficient Sheriffs B Stat. 9. Edw. 2. 1315. The King receiving great complaints from the great men and people in Parliament throughout the whole Realm perceived great damage done to him and great oppression and disheritances to his people by reason of unsufficient Sheriffs and Bailiffs the King resolved to prevent such evil oppressions and disheritances by the assent of his Prelates Barons c. Enacted that the Sheriffs shall have sufficient Land within the same Shire to answer the King and his people and to attend his Office and if any Sheriffs or Hundreders be unsufficient shall be removed * and others more convenient put in their place that none shall farm his Land That Writs sent to the Sheriffs shall be executed by the Hundreders sworn and known they to be such as have Land to answer and not by others so that the people may know to whom to sue such Execution saving always the Returns of the Writs to them that have them or ought to have them The King by his Prerogative shall have the Wreck of the Sea C Stat. 17. Edw. 2. 11. It is Enacted that the King shall have the Wreck of the Sea throughout the Realm Whales and great Sturgion taken in the Sea or elsewhere within the Realm except in certain places privileged by the King See Stat. 3. Edw. 1. 4. Rast pla fo 611. Co. lib. fo 106 108. 1. Hen. 7. fo 23. 11. Hen. 4. fo 16. 9. Hen. 7. fo 20. 35. Hen. 6. fo 27. See ch 10. S 30. A 29. D 30. C The King shall have all Felons goods D Stat. 17. Ed. 2. 17. Be it Enacted the King shall have the goods of all Felons attainted and Fugitives wheresoever they be found and if they have Free-hold then it shall be forthwith taken into the Kings hands and the King shall have all profits of the same by one year and one day and the Land shall be wasted and destroyed the Houses Woods and Gardens and all manner of things belonging to the same excepting men of certain places privileged by the King therefore and after he hath had the year and the day and the waste then the Land shall be restored to the chief Lord of the same fee unless that he fine before with the King for the year and the day and the waste Nevertheless it is used in the County of Glocester by custom that after one year and a day the Lands and Tenements of Fellons shall revert and be restored to the next Heir to whom it ought to have discended if the fellony had not been done And in Kent the custome is Gavel kind the Father to the Bow and the Son to the Plow All Heirs Male shall divide their Inheritance and likewise women but women shall not make partition with men and a woman after the death of her Husband shall be endowed of the moiety and if she commit fornication in her Widowhood or take an Husband after shall loose her Dower Fitz N. B. fo 144. Regist fo 165. V. N. B. fo 99. V. N. B. fo 5. See chap. 10. S 53. A King Edward the Third Eduard the 3. borne at winsâ—r was Crowned at westminster the 2. of feb 1327. being 15. Yeares olde Raigned 50. yeares 4 months 24 dais Dyed the 21 of June 1377 lyeth buired in west Enquiry of Goalorâ— which shall procure Prisoners to become Appealers A STat. 1. Edw. 3. 7. Be it Enacted for the eschewing the damages and destruction that often doth happen by Sheriffs Goalors and keepers of Prisons within Franchizes and without which have pained their prisoners and by such evill means compel and procure them to become appealers and to appeal harmless and guiltless people to the intent to have ransom of such appealed person for fear of imprisonment or other cause the Justices of the one Bench and of the other and Justices of Assizes and Goal delivery shall by force of this Statute enquire of such compulsive punishments and procurements and hear the complaints of all them that will complain in such cases by Bill and shall hear and determine such plaints as well at the Suit of the party as at the Kings Suit Stat. 13. Edw. 1. 12. 14. Ed. 3. 10. Rast pl. fo 56. None to ride armed except c. B Stat. 2. Edw. 3. 3. Be it Enacted that none shall ride or go armed but such as are the Kings Servants or being licenced nor his Officers to do their Office by force of Arms nor bring any force in an affray of the peace neither to be armed by day not
any Pattent or Grant to any to the contrary but such Pattents or Grants be repealed and of no force nor value Stat. 17. Rich. 2. See Chap. 35 Statute of Mortmain D Stat. 15. Rich. 2. 5. Be it Enacted what Mayors Bayliffs and Commons of Cities Boroughs and other Towns which have perpetual Commonalty and others which have officers that from henceforth they shall not purchase to them and their Commons any Lands c. nor no religious or other person what ever he be * do buy or sell or under colour of gift or terme or any other manner of title any Lands Tenements upon pain of forfeiture of the same whereby the said Lands and Tenements might have come to Mortmain Riots Routs c. E The 4. year King Rich. 2. Riots Routs and unlawfull assemblies have been so many times pernicious and fatal enemies to the peace and tranquility of the Nation that it did shake the foundation and form of State-Government as that of a Collector of a Subsidy at Dartford in Kent in his dayes in requiring but a Groat of a Taylor and his wife grew to such a head of discontentment and not being timely queld became such a Rebellion that it put the King in great hazard of his life the burning of the City of London the Nobles and Gentry with the learned of the Law beheaded and others in hazard of their lives and families overthrown and the Records of Law burnt Wat. Tyler was Captain See Hen. 6. B See Chap. 37. A. Queen Mary Maria nata Grenouici in Febru 1505 Incipit regnare 6 Iuli 1553 Regnauit 5 annos et 4 mensis Obyt annos nata 45 et 9 mensis The Town of Gates-head taken from Newcastle A STat. 1. Mary Chap. 3. So soon as Bishop Tunstall was created Bishop of Durham laid open to the Queen and Parliament the Illegallity of Gates-heads being taken from the County of Durham and Incorporated with Newcastle and how surreptitiously they got it past by Act of Parliament and humbly beseeched that the Town and Liberties of Gates-head might be restored to the County of Durham again which could not well be done without that Statute of the 7. Edw. 6. 10. were repealed After a great debate in Parliament it was found onely a covetous disposition in the Corporation of Newcastle to require that from King Edward the sixth and in no wayes for the good of any in any particular sense who Enacted that the Statute of the seventh of Edward the sixth Chapter the tenth should be repealed and of no force to all intents and purposes and the Town of Gates-head should be free from the Corporation of Newcastle c. See Chap. 7. and Chap. 8. Sweet Queen Queen Elizabeth The most excellent Princes Elizabeth Queene of Englande France and Ireland Defender of the Faith c. She raigned 44 yeares died the 24 of March 1602 aged 69 6 monthes and lieth buried at Westminster Compton Holland 〈◊〉 How long Apprentices should serve A STat. 5. Eliz. 4. Be it Enacted that all Apprentices in every Corporate Town through England shall serve after the Custome and Order of London the full term of seven years at least so as the terme and years of such Apprentices do not expire or determine before such Apprentices be of the age of four and twenty years at least And if an Apprentice be mis-used by the non-conformity of the Master then the next officer upon complaint shall bind the Master to answer the Sessions and the cause appearing the Bench may discharge the Apprentice from his Master See Chap. 55. C. The Punishment of Perjury c. B Stat. 5. Eliz. 9. Be it Enacted that if any person or persons at any time shall unlawfully and corruptly procure any Witnesse or Witnesses by letters rewards or any other promises to commit any wilful and corrupt perjury in any matter or cause whatsoever now depending or which hereafter shall depend in suit or variance by any Writ Action Bill Complaint or Information upon any matter or cause whatever and being thereof convicted shall forfeit forty pound and if he have not so much then to be imprisoned for half a yeer without Bail or Mainprize and to stand in the Pillory one hour in a Market day in the open Market and never to be received as a Witnesse in any Courts of Record and if judgement be given upon his testimony it shall be void and the party grieved have his damages And if any person shall wilfully perjure himself by committing wilfull perjury by his deposition in any Courts or being examined Ad perpetuam rei memoriam for which offence he shal forfeit twenty pound and imprisonment for six months without Bail or Mainprize and never to be as a witnesse in any Court and that the Oath shall be void and party grieved to recover his damages and if he be not able to pay his Fine then to be set in the Pillory having both his ears nayled thereunto and never to be credited again in any Court the one half of the Fine to the Queen and the other to the party grieved that will sue for the same by Bill of Indictment c. wherein there shall be no wager of Law c. And all Witnesses are required upon summons to appear to give evidence reasonable charges allowed and upon default to forfeit ten pound and all the damages sustained to be recovered in any Court of Record by Action Bill c. no Wager of Law c. See Stat. 21. K. James 28. made perpetual See Chap. 31. A 34. A. B 42. A. Fore-stallers of Corn c. C Stat. 5. Eliz. 12. Be it Enacted that no person or persons shall buy any Corn out of open Fair or Market to sell again unlesse such persons shall have special and express words in a licence that he or they may so do upon pain of the forfeiture of five pounds for so doing which forfeiture to come to the Queen the one half and the other half to the party that will sue for the same by Bill c. See Stat. 5. 6. Ed. 6. 14. See Chap. 50. A 51. C. Arrestings in other mens names and delayes c. D Stat. 8. Eliz. 2. Be it Enacted by this present Parliament that if any person or persons shall by any means cause or procure any other person to be Arrested or Attached at the suit or in the name of any person where indeed no such person is known or without the assent consent or agreement of such persons at whose suit or in whose name such Arrest or Attachment is or shall be so had and procured That then every such person and persons that shall so cause or procure any such Arrest or Attachment of any other person to be had or made for vexation or trouble and shall thereof be convicted or lawfully accused by Indictment presentment or by the testimony of two sufficient Witnesses or more or other due proof shall for every such offence by
9. Jan. 1642. Ordained that all Trade to Newcastle upon Tyne for Coals Salt c. be prohibited upon pain of forfeiture and confiscation of ship and goods by reason that Town is conceived to be the principal inlet of all foreign Aid and Forces for strengthning themselves against the Parliament tending to the destruction of the Laws and Liberties of England An Ordinance for a low price of Coals c. C Feb. and June 42. and 43. Two Ordinances were made for setting a rate upon Coals at London being so scarce and enhansed to such a great rate that all the poor were in a very sad condition Propositions to reduce Newcastle c. D 5. June 1643. An Ordinance for reducing Newcastle to the obedience of the Parliament being garrisoned and kept by Papists and other ill-affected persons whereby the whole Land suffers for want of Coals so absolutely necessary to the maintenance and support of Life which falls heavy upon the meaner sort Upon the 20. of June the Lord Mayor and Court of Aldermen and Common Councel of the City of London met at Guild-hall and undertook the reducing of that Town of Newcastle from their Malignancy upon the Propositions of Parliament whereby they were to be repaid both principle and use of all charges out of the Gentlemens estates of Northumberland and County of Durham it was summa injuria that these Gentlemen should be destroyed for the offence and wickednesse of that Corporation who never yet suffered for the same c. Ordinances of Parliament E 12. May 1643. Ordained that there be a free and open Trade in the Ports of Sunderland in the County of Durham and Blithe in the County of Northumberland to relieve the poor inhabitants thereabouts by reason of the rapines and spoyls those enemies of Newcastle have brought upon them in those two Counties they all being in great want and extremity F 14. Novem. 1644. Ordained that a free and open Trade be had to Newcastle for Coals Salt c. that Corporation being won by the sword with the Scots c. These are breviated in the Epistle to the Reader c. Notwithstanding all these sad Events which that Corporation brought upon the people in those Northern Counties but the Mayor and Burgesses most of which were the transgressors not in the least sorry but still doth with the highest hand of Arrogancy and Pride tyrannize over the people in those Counties not admitting them to improve their estates but casts them into prison c. The oppressed cryes for relief and could never be heard G 17. June 1649. And Act of Parliament passed for sail of Kings Lands and Queens c. by vertue whereof was surveyed in Lands Mils and Tenements to the value of two thousand pounds per annum and returned to Worcester house I leave the rest to the Examiner c. the particulars I have c. H 〈◊〉 1650. An Act of Parliament constituting a Councel for regulating of Trade throughout England c. and were to sit at White-hall where there was a Legal Trial had against Newcastle and were overthrown as by the report which was drawn up by the said Councel to be reported to the Parliament as appears c. I Anno 1653. The Parliament impowred a Committee for regulating of Trade and Corporations through England c. when more charge was brought in against the evill practice of the said Corporation appears c. All that is desired is a free Trade in the River of Tyne according to the purport and true meaning of that Stat. 11 Rich. 2. 7. The taking away what is bad in that Corporations Charter the River preserved and men from being imprisoned without judgement of Law Now to give some Reasons against this Arbitrary Power AS Sir Walter Raleigh being to give a Character of Henry the Eighth prefaceth his Description with this Introduction If all the Pictures and Patterns of a merciless Prince were lost in the World they might all again be painted to the life out of the Story of that King So having given the world an account of the most unchristian illegal oppressive practices of the Magistrates of Newcastle upon the people of this Nation whose either Neighborhood or calling or condition of life necessitate them to an intercourse with them either by way of Traffique or any other way though forced into that Port and Harbor by distress of weather tempest or any other accident incident to those that go down to the Seas in Ships and occupie their businesses in the waters Reflecting on their Actions I may safely say of them as that Noble Knight did of that King If all the Pictures and Patterns of a cruell and merciless people were utterly lost in the world they might be all painted to the life out of this Narrative setting out the illegal Oppressions arbitrary Exactions barbarous Murthers practised and committed by the Magistrates of Newcastle both on their Neighbors and the free people of this Nation There are two Rules or Canons in Scripture upon which all the Commandements of the second Table and consequently all the duty of man to his Neighbor do depend The First is Quod tibi fieri non vis alteri ne feceris What thou wouldst not have another do unto thee that thou oughtest not do unto another This Rule well observed prevents all injury and wrong for while a man frames his own actions towards his Neighbor according to that pattern which in his own breast he shapes to his Neighbor to perform unto himself hee will do no injury because he would receive no injury and this is the ground of that Command or Precept of our Saviour Thou shalt love thy Neighbor as thy self The second Rule is Whatsoever yee would that men should do unto you even do yee unto them Mat. 7. 12. and this rule stirs us up to all beneficence and doing good to our Neighbor for as to prevent injuring another man a man should aske himself would I that another man should do to me as I am about to do unto him and so love to himself will prevent hatred to another So to confer favors and to do good unto another a man should aske himself would I require this boon this favor this good turn from another if I stood in need of it as my Neighbor doth and I were in his condition and would the granting or doing this favor be most acceptable to me and lay an eternal obligation upon me Hence love to a mans Self will kindle his bowels of compassion to his Brother and will dispose him willingly to do that good unto another which if occasion served he would willingly receive from another These men of Newcastle regulate themselves in all their actions here charged upon them and fully proved by oath of men of undoubted integrity neither by the one Rule nor by the other for they do not onely do those injuries and wrongs which they would not take but they deny those favors