Moor and Lands in aid of the payment of their said Fee-farm without impeachment c. As by the said Letters Pattents made by the King himself and his Council and by the Fine of forty shillings paid in the Hamper more at large appeareth By these last mentioned Letters Pattents the Burgesses of Newcastle can challenge no title in the said Castle-moor and Castle-field because the said Letters Pattents are contrary in themselves This is the first claim the said Burgesses lay to the Castle-moor being a quantity of eight hundred and fifty Acres of ground besides Pasture for all their Kine and Coals for all their Fuel which are gotten upon the said Castle-moor CHAP. VI. KIng Richard the Second by his Charter dated the ninth day of April in the first year of his Reign 1378. confirms all the former Charters and Grants to the Town of Newcastle the same priviledge as granted before in diging of Coals Slait and Stone in Castle-field and Castle-moor but doth not grant the Land onely the Coals Slait and Stone for the Towns best advantage CHAP. VII KIng Henry the Fourth being humbly petitioned by the Burgesses of Newcastle that his Highnesse would be graciously pleased to divide the Town and Corporation from the County of Northumberland and to grant them a Sheriffe with more Liberties and Immunities which was granted that the Corporation of Newcastle shall be a distinct County of it self dis-joyned from the County of Northumberland and not to meddle in the said new County as by the Charter more at large appears upon Record in the Tower of London 7. Ed. 6. 10. 1. Mary 3. This was a preparative for the Town of Gates-head c. CHAP. VIII A QUeen Elizabeth obtained a Lease from the late Bishop of Durham dated the 26. of April in the 24. year of her Reign 1582. of all the whole Mannors of Gates-head and Wickham and all the Coal-pits and Coal-mines within the said Mannors of Gates-head and Wickham aforesaid and in all the common Wasts and Parks belonging to the said Mannors at the Rent of ninety pounds per Annum or thereabouts for ninety nine yeers which the Earle of Leicester procured from the said Queen and sold or gave the same to Sutton of the Charter-house who for twelve thousand pounds as is reported sold the same to the Mayor and Burgesses of Newcastle but when he understood the yearly value which was worth at least fifty thousand pounds per Annum attested by Doctor Cradock sometimes Arch-deacon of Northumberland deceased this Lease being called the Grand Lease was granted to Sir William Readal and others for the use of the Mayor and Burgesses and free honest men and expires the 26. of April which shall be in the year of our Lord 1681. as appears in the 11. Chap. I 7. Edw. 6. 10. CHAP. IX A QUeen Elizabeth requires the great Arrear of two pence per Chaldron which was granted to King Henry the Fifth as Custome by the Parliament as appears by that Statute Chapter the tenth ninth yeer which was neglected to be paid unto the Crown by the Mayor and Burgesses for many yeers together insomuch as they were not able to pay the same but humbly beseeched those Arrears may be forgiven by reason of their inability And to grant them a Charter to incorporate a new fraternity or brother-hood to be called Free Host-men for the selling and vending of all Coals to shipping And in consideration thereof they would pay to her Majesty and her successors twelve pence for every Chalder exported from thenceforth to the free people of this Nation The Queen conceiving that twelve pence upon every Chalder would be better for the future and well paid would rise to a greater Revenew then the two pence so long in arrear could endamage which was granted upon condition specified in that Grant remaining in the Exchequer with many seals to it That they should sell all Coals to Masters of Ships At this day the Fitters reckon with the Masters for so much a Chalder as eleven shillings for so many as is conceived to be aboard the Ship and then he goeth with the Master to reckon which the said Masters payes the one shilling per Chalder Custome being allowed in his hand the Master conceives he doth not pay it further then being left in his hand by the Fitter but if the Masters will look upon that Lease they will find they are to have the best Coals for ten shillings and the worst for nine shillings the Chaldron at most and now they pay eleven shillings by which means the one shilling per Chaldron is paid by the Master and not by the Host man and so falls upon the whole Nations back I refer you further to the Lease for if the Master buy dear he must needs sell dear B By the same fallacy they wronged the King of his Customes 9. Hen. 5. 10. which plainly appears in that Statute if you please to read it the same they have to cheat the Queen and her Successors for the twelve pence per Chaldron CHAP. X. A QUeen Elizabeth being humbly intreated by the Mayor and Burgesses of Newcastle that her Majesty would be graciously pleased to grant them a Charter of Liberties concerning Sea-jurisdiction and of Admiralty in that Port to wit between Sparhawk in the Sea and Hadwyn streams being fourteen miles in length for the advance of the estate of that Town which also was granted as follows B The Queen by her Letters Pattents dated the thirtieth day of August in the one and thirtieth year of her Reign touching the Office of the High Admiralty of the River of Tyne and Port of Newcastle grants the Reversion to the Mayor and Burgesses of Newcastle by reason it was granted under the Great Seal of England bearing date the fifth of February 1522. unto Charles Lord Howard of Effingham amongst other things in his said Pattent in the Office of Lord High Admiral of England c. for life who out-lived the Queen and dyed 26. January in the sixteenth year of King James the Mayor and Burgesses pretending they had right thereunto from King Henry the sixth which if they had was extinguished upon the Queens grant to the High Admiral c. And by this grant of hers to Newcastle she onely grants what is in her to grant which is onely the Reversion after the surrender forfeiture or death of the aforesaid Lord High Admiral but she dying before the Lord High Admiral it is conceived her grant is void And it was never since confirmed by any other to the said Mayor and Burgesses for King James upon the 28 of June in the sixteenth year of his Reign two dayes after the Lord High Admiral died The Commission or Letters Pattents of the Admiralty of England was conferred upon the Duke of Buckingham so that Newcastle by this change hath but a slender pretence of Right to the Admiralty of that part of Newcastle C The said Corporation humbly
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
John as by the said Letters Pattents appeareth The said King John was the cause of burning Morpeth the chief Town in Northumberland and many more Towns in Wales because of the enmity between him and the family of the Bruces who originally were planted in Wales Wherefore the said Charter made by the said King John to the said honest men of Newcastle upon Tyne cannot be valid in Law because in the fourteenth year of his Reign he subjected himself to be a Vassal to the Pope of Rome as is aforesaid and for many other reasons mentioned in the said Charter it self considered in themselves In this Charter of King John that he grants to the honest men of Newcastle upon Tyne he mentions not the Port of the River of Tyne from Sparhawk at Tinmouth-Bar upon the Sea to Hadwyn streams above Newburn in Northumberland neither is there so much as one syllable whereby the said King grants to them the two third parts of the said River or any of the Fishing between the said places c. CHAP. III. A KIng Henry the Third being earnestly supplicated by the good men of Newcastle to confirm King Johns Charter which was done upon the second day of July in the year of our Lord 1234. the said King Henry did not inlarge their jurisdiction at all but onely grants them the Charter in the very same words as King John had in his Charter granted B King Henry the Third by his Letters Pattents under the Great Seal of England dated at Westminster the first day of December in the three and twentieth year of his Reign upon the good men of Newcastles supplication thought it fit to give them Licence to dig Coals and Stones in the common Soil of that Town without the walls thereof in the place called Castle-field and the Frith and from thence to draw and convert them unto their own profit in aid of their said Fee-farm Rent of a 100 â— per Annum and the same as often as it should seem good unto them the same to endure during his pleasure which said Letters Pattents were granted upon payment of twenty shillings into the Hamper nothing more was given neither Lands c. but only to work the Coals during pleasure for their own use C King Henry the Third was petitioned again by the same honest men for so they were called by King Johns Charters probi homines That his Majesty would be graciously pleased to give them all the Stone and Coals in a place called the Frith adjoyning to the former the better to enable them to pay their Fee-farm Rent which also was granted paying forty shillings per Annum into the Hamper upon the eleventh of May in the one and thirtieth yeer of his Reign All which Coals and Stones have do and will amount to many thousands of pounds yet no land above the said Coals was granted unto them CHAP. IV. A KIng Edward the First in the Nineteenth yeer of his Reign was supplicated by the good men of Newcastle to grant them a sum of money and a Licence for the building of a Wall round the Town on which Wall one of the Mayors of Newcastle was hanged as by the Record of the Registery appears That two third parts of the River of Tyne from Sparhawk to Beadwyn shelves were in this Kings hands And for such Lords as held any Fishings on the South-side of the said River of Tyne which went to the Mid-stream they were meer intruders of one sixt part more then was their own for whereas they were to have had but one third part they claimed half B And that this King gave Licence to build a Wall about the Town of Newcastle and gave mony towards this wall which was not bestowed C And that divers purpreslures were then incroached upon by the good men of the Town of Newcastle upon the Moat of the Newcastle built by William Rufus adjoyning thereunto And to the end that the then Sheriffe of Northumberland might present these incroachments into the Chancery whereby to discover their unjust dealing and intrusion upon the said Moat of the said Castle they the said good men gave to him the said Sheriffe a gift or bribe of ten Marks that he might not vex them as by the said Record more at large appears c. CHAP. V. THe said King Edward the Third by his Letters Pattents dated at Westminster the tenth day of May in the one and thirtieth yeer of his Reign confirms all former Charters with an addition of his own that he for himself and his Heirs Granted Demised and Confirmed unto his honest men of the Town of the Newcastle upon Tyne his Town of Newcastle before called Manchester with all its Appurtenances for a hundred pound per Annum to be paid to the said King and his Heirs c. Which he the said King confirms to the said men and Burgesses and to their Heirs for ever And because on the behalf of the said Burgesses of the said Town it was humbly supplicated to the said King That whereas the said Moore and Lands called Castle-fields and Castle-moor on the North-side of the said Town of Newcastle from a certain place called Ingler Dike c. as the same are butted and bounded c. even to the said Town of Newcastle are the lands and soil of the said Town of Newcastle belonging to the same beyond memory with all profits coming of the said Lands Moor and Soil as by an Inquisition thereof taken and returned into the Chancery appeareth And albeit the said Burgesses and their Predecessors from the time they have had the said Town to farm they have held the said Moor and Land as though it were appertaining to the said Town and have alwayes hitherto peaceably and quietly had and reaped all the profits coming of the said Moor and Lands yet the said Burgesses now they are turned from honest men to Burgesses the next will be to For that there is no mention made of the said Moor and Lands albeit they be of the Appurtenances of the said Town do fear that they may be impeached afterwards and for that the said Town as well by reason of the last Pestilence at that time as by the hazards of Wars and divers other adversities was so impoverished and destitute of men that the profits of the said Town sufficed not for the payment of the said Farm as they then pretended The said King being willing to provide for their indempnity in that behalf and for him and his Heirs granted that they and their Heirs might have and hold the same Moor and Soil as if it were appertaining to the said Town with all profits out of the same c. And that they the said Burgesses and their Heirs in the said Moor and Lands may dig and may have Coal Slaiâ— and Stâ—ne there and from thence may draw them and may make their profit of the said Coals Slait and Stones and other profits coming out of the said
the Council for aâ— explananation upon some of the said two and twenty Articles and for further power for the preservation of the said River especially upon the one and twentieth Article to whom the bonds should be made It was Ordered to the Mayor for the time being c. B Also prayed resolution who should repair and mantain the Ballast shoars and Coal-Wharf as is exprest in the nineteenth Article Ordered that as well the Owner as the Tenant be bound to such reparation during the time use was made thereof and onely the Owners afterwards They also humbly craved their resolutions of the sixth Article and twelfth Article who should be at the charge of cleansing the River of the Ballast and pay the Watchmen c. It is Ordered that the Town-chamber defray both the one and the other by reason they receive the profits of the River c. See Chap. 12. 6 Chap. 34. 39. 49. C They also prayed the resolution of the eighth Article for the punishing of Masters of Ships It was Ordered that the Commissioners should take bond * with sufficient Sureties to appear before the Council to answer their contempt and to such as refuse to give bond then the Commissioners to commit them to prison till they give Sureties to answer at London c. See Chap. 41. C Ordered that the Commissioners shall have power for ordering the Wharf and new shoars in every place in that River after they are once erected as well for the strengthning as backing of them with Ballast as with other Earth See chap. 18. F E That the Commissioners there at least shall subscribe every Ticket and the Mayor * for the carrying up of every Keel of Ballast from the ships at Shields to Newcastle ballast shoars for the more faithfull execution of that service See chap. 49. G. * F Ordered that the Commissioners shall have power to order and determine of such rewards as shall be given to every Wherry-man or Fisher-man * or other that shall truly present any offence or offenders against any of the Articles prescribed to be taken out of such Fines Muâ—cts and Amerciaments as shall be imposed upon any the Delinquents against the said Articles See Chap. 39. A * G Ordered that the Commissioners shall have power to cause the ballast already become noysome or in any part of the River or like to do hurt from the Land to be removed to a new Wharf or fit place See Chap. 34. A 35. A. B. CHAP. XV. KIng James on the 14. of April in the seventeenth year of his Reign grants unto Alexander Stevenson Esq and his Assigns for fifty years the whole Castle of Newcastle with all Appurtenances thereunto any way belonging at the Rent of forty shillings per annum except the prison wherein is kept the sons of Belial it being the County prison for Northumberland the said Mr. Stevenson dyed and left Mr. Auditor Darel his Executor and left him that Lease it being all he was like to have towards the payment of the said Mr. Stevensons debts which was due to the said Executor and others amounting in the principal to two thousand five hundred pound besides damages which amounted to as much more who is kept from his right by the instigation of the Mayor and Burgesses upon an Inquisition taken the 18. of August in the 18. year of King James at Newcastle It was found to be in Stevenson and now in his Executors the said Stevenson dyed in October 1640. they claiming a right from one widow Langston relict to one John Laugston Groom Porter c. but that Title the Law will quickly decide upon a legal Trial but the County of Northumberland hath the reversion who is kept from having a free passage to the Assizes by the Mayor and Burgesses who shuts up the gates which is the right passage and at such gates which be open the people of Northumberland coming to do their service at the Assizes holden for that County in that Castle are arrested and cast into prison by Newcastle where none can bail them but Burgesses of Newcastle and often thereby such people have their Cause overthrown by such restainment In Easter Term in the 18. year of King James Sir Henry Yelverton Kt Attorny General exhibited an Information against the Mayor and Burgesses concerning the premises above mentioned where all plainly appears amongst other things of the Town not to belong to them c. CHAP. XVI A IN or about the eighteenth year of King James an Information was exhibited in the Star Chamber by the Attorny General against the Mayor and Burgesses of Newcastle by the name of Host-men for that they having the preemption of Coals from the Inheritors in Northumberland and County of Durham by their Charter of free Hoast-men 42 Queen Eliz. * they having the sale of all Coals who force ships to take bad Coals or will not load them with unmarketable Coals being brought for London prove much to the damage of the people Which grief begot great Suits between the Merchants and Masters of ships to their disquieting and high charge upon which this Information was brought against the said Hoast-men for selling of bad and unmerchantable Coals and much Slate amongst them for which they were all fined some 100 li. a peece some more others less being found guilty and ordered to do so no more but it is proved they continue the same to this day See chap. 43. A CHAP. XVII A KIng James upon the 28 of January in the 16 year of his Reign grants the Admiralty of all England c. to the Duke of Buckingham it being surrendred by the Lord High Admiral so that the Title of Newcastle by vertue of the Chrater of the 31 year of Queen Elizabeths Reign is conceived of little force See ch 10. B CHAP. XVIII King Charles The high and Mighty Monarch CHARLES by the grace of GOD King of Great Brittaine France and Ireland P. Stent exâ—udit A SIr Robert Heath Lord Cheif Justice of the Common Pleas was building a Ballast Wharf or Shoar on his own Land at Shields adjoyning upon the River of Tyne seven miles from Newcastle but the Commissioners of Newcastle the Mayor and Aldermen with others obstructed the building thereof pretending it would spoil the River but the Lord Cheif Justice well knowing it to the contrary by the advice of most of the antient Trinity Masters of London other experienced Traders thither went on with the building thereof upon which in the year 1632. the said Mayor and other Commissioners exhibited a complaint to the King and Council against the same at Whitehal complaining that if any Ballast Shoars or Wharfs were built at Shields it would much spoil the River and hinder Trade and Navigation at which there was a legal Tryal it appeared to the contrary the King and Council upon the 13th day of July 1632. Ordered that Sir Robert Heaths Ballast shoar should bee built D In February next the Commissioners
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
vexation or trouble of the said Queen her Heirs and Successors Justices or other Ministers or Subjects whatsoever S Also to have all manner of such like goods and Chattels Weiffs Wrecks of the Sea Goods floating or swimming upon the water and driven to the shoar sunk to the bottom and goods due to more by proportion Treasure found Felons of themselves Deodands and other casnalties as well upon as by the Sea or Shoars and Maritine parts as upon or by the fresh water howsoever whensoever or wheresoever or in what manner appearing happening or coming which to the Admiralty of England doth belong T And all Royal Fishes Sturgeons Whales Porpoyses Dolphins Rigoseres and Grampeses V That the said Queen willed that the Mayor Recorder and Aldermen for the time being three or more of them whereof the Mayor or Recorder to be one from time to time ever hereafter to be Justices at the Goal delivery and to deliver out of prison in the same committed to the same Goal for what cause soever W That they may erect Gallows within the liberty of the said Town for Felons Murtherers and other Malefactors whatsoever within the Town or Port and to commit them to the Goal till they be from thence delivered by due course of Law See Chap. 53. A. Y All which of her special favour she grants without Fine into the Hamper Dated at Westminster the 30. of August in the 31. year of her Reign It is conceived this is voyd by reason granted without any consideration into the Hamper CHAP. XI A brief of the Privileges contained in the Charter of Liberties granted by Queen Elizabeth to the Mayor and Burgesses of the Town of the Newcastle upon Tyne the 22th of March in the 42th year of her reign As followeth The Twelve Companies of Newcastle be as follow Cordwinders Butchers Taylors Fullers Drapers Mercers Skinners Corn-Merchants Tanners Sadlers Bakers Smiths I finde not Brewers nor Carpenters A THat the Town of Newcastle is an antient Town and that they have had Laws Jurisdictions c. and that the said Town hath suffered no smal loss by reason of divers differences c. fol. 1. concerning the manner of loading and unloading Sea-coals at the same Town fo 2. whereupon the said Mayor and Burgesses humbly petitioned the said late Queen for the better maintenance and government of the said Town that she would vouchsafe to amplifie her munificence and favor towards the said Town fo 2. B The said Queen for her and her Successors grants to the said Mayor and Burgesses and to their Successors that they only of the said Town with its members shal have and enjoy all the Customs Liberties c. which were granted to their Successors by several Charters fo 3. which the honest men of the Newcastle upon Tyne c. by pretence of what Corporation soever they held and injoyed fo 4 5. To have hold and enjoy the said Town and all Customs c. fo 5. to the said Mayor and Burgesses and their Successors to their use for ever to be holden in Fee farm rendring the antient Fee farm of 100 li. at Michaelmas onely fo 6. and that they may have all such Liberties Customs c. without the let of any one c. fo 7. C The said Queen granteth that the Mayor ten Aldermen and Sheriff of the said Town c. and other Four and twenty of the more discreet and honester Burgesses of the said Town c. may chuse the Mayor and other Officers of the said Town within five daies after the choyse and oath taken by the Mayor fo 7 8. which said Mayor and the other twenty four Burgesses in all thirty six shall be at all times then after the common Councel of the said Town fo 9. and shall have power in making Laws c. fo 10 for the good Government of the said Town c. fo 11. and for the good government of the Markets and Fairs within the said Town and limits thereof c. and for the Declaration by what means the Ministers Officers and Artificers of the said Town and their Factors Servants and Apprentices in their Trades c. fo 12. and also for their better preservation letting and setting of their Lands Tenements c. And that the Mayor and Common Council of the said Town or the greater part of them whereof we will the Mayor and six Aldermen thirteen being seven to be c. as often as they shall make such Laws c. and such pains punishments penalties or imprisonment of bodies or by fines c. fo 14. upon all Delinquents contrary to such Laws c. as shall be necessary for keeping fo 15. of the said Laws c. and to have and retain the said Fines c. to their own use c. fo 16. so that the same Laws c. be not repugnant to the Laws of the Kingdom of England fo 17. D And further the said late Q. granteth that the election of the Mayor Recorder Aldermen Common-Council and all other Officers and Ministers to be chosen c. shall in every year be upon Monday next after Michaelmas day fo 18. honest men and Burgesses of the twelve Societies lawfully chosen in the accustomed place to wit Drapers Mercers c. fo 19. and that they name and present two honest men of every mystery c. being twenty four in number being sworn that they or the greatest part of them shall chuse and name the Mayor fo 21. the 22 23 24 25 26 27. leaves are concerning the chusing of the Mayor the Sheriff of two Coroners one Clerk of the Chamber who shall administer an oath to the Marriners and Masters of ships at the Port of Newcastle and in the same manner and the same day yearly may name eight other Burgesses c. fo 28. to be Chamberlains of the same Town and one Sword-bearer before the Mayor and eight fo 29. Serjeants of the Mace and one Recorder fo 31. and there shal be twenty four Electors for one year fo 31 32. new election of Aldermen dying or being deposed fo 33. and the Alderman newly chosen shall be Alderman during life fo 34. Officers chosen by the Mayor under their common Seal shall be admitted to their places fo 35 36 37. To fine such as refuse to hold their places upon election fo 38. the said fine not to exceed 200 Marks fo 39 40. 41. The like for the Sheriff fo 42 43 44 45 46. or if any Officer save the Recorder die within the year then to chuse another fo 47 48 49. And if the Recorder die within one year next after his election or be removed from or leave his Office c. then to chuse another fit person learned in the Laws albeit not a Burgess in his place c. fo 49 50 51. And if the Mayor of the said Town be deposed removed or die
exposing upon Land-Merchandizes from parts beyond the Seas and concerning Customes and Sweet-Wines and there it was enacted amongst others for and concerning fo 94. the loading or unloading in or from any Ship or other Vessel any Goods Wares or Merchandizes against the said Act c. or to the late Queen due and forfeited by vertue of the said Acts and all the Goods and Chattels Lands and Tenements of the said Mayor and Burgesses c. being the foresaid penalties and forfeitures c. fo 95. Now followeth the Charter of the Free Hoast-men of Newcastle K Moreover the Q. grants to the said Mayor Burgesses and to every Subject subjects of hers her Heirs Successors Inhabitants Burgesses of the said Town commonly called Hoast-men in every season fitting and hours accustomed the Customes and Subsidies and other profits to the said Queen her Heirs and Successors due to be paid and to the Customers and fo 96. Collectors of the said Queen and Successors agreeing thereupon to be charged or discharged shipped or unshipped Pit-coals Grind-stones Rub-stones and Whet-stones near Newcastle c. such Ship Vessel c. was of such a capacity or for any other reasonable cause that they could not fitly apply to Newcastle that then in such case the Mayor and Burgesses of the said Town as their servants c. fo 97. might and may load and unload such ship and ships vessel and vessels with Coals and Stones abovesaid in their Port between Sparhawk and Newcastle being distant by estimation not above seven miles And further the Queen willeth fo 98. and commandeth the said Mayor and Burgesses c. and their Successors and every Subject and Subjects of her her Heirs and Successors Inhabitants of the said Town called Hoastmen that they the same ships being of such a capacity that they cannot fitly sail to the Town of Newcastle to charge and discharge themselves of Coals and Stones fo 99. so nigh Newcastle as conveniently may be done without fraud c. and that under the pain of one hundred shillings to be levied for the Queens use her Heirs and Successors to be forfeited for every ship or vessel so charged or discharged contrary to the true intention mentioned in the said Letters Pattents and for that the Queen willeth that the Mayor Burgesses and Inhabitants of the said town c. fo 100. being Burgesses may serve the Queen and her Successors with more commendable service and may furnish the Queen c. with Mariners more cheerfully in our greatest wars as we have heard they have done in times past and for that the said Town hath been a faithfull fortresse and defence fighting against the Rebels in times past and hath behaved it self most dutifully to us and to our Progenitors c. fo 101. resisting the said Rebels The Queen therefore giveth and granteth to the Mayor Burgesses and their Successors all the Felons goods unto themselves and of Fugitives convicted and attainted and of Out-lawed persons c. fo 102. L And whereas the Town of the Newcastle upon Tyne is a Town of Merchants a Mart or Market of great fame and stuffed with a multitude of Merchants dwelling therein and of others as well home-bred thither flowing and there expecting their Trade of Merchanting and thereupon it is necessary to order and establish a certain Order within the said Town fo 103. and the speedy recovery of Debts to Merchants c. due according to the Statute of Acton Burnel c. The Queen granteth fo 104. to the Mayor and Burgesses and their Successors that the Mayor for the time for ever thereafter shall have power together with the Clerk to that end ordained to take Recognizances according to the form of the Statute of Acton Burnel and of the Statute of Merchandize made in Parliament in the time of King Edward the first and that there shall be a Clerk in the same Town which shall be called the Clerk of the Queen her Heirs and Successors to take Recognizances of Debts according to the said Statute fo 105. The Queen appoints William Jackson Gentleman to be her first and then modern Clerk for taking Recognizances of Debts within the said Town to enjoy the same during his life and after his death the Mayor and Burgesses c. fo 106. are impowred to prefer to the said Office fo 107. another of the Burgesses of the said Town to be the Queens Clerk as before and to continue so long as it should please the Mayor c. fo 108. And shall have a Seal in two peeces for sealing the said Recognizances and the Mayor to have the custody of the greater peece and the Clerk fo 109. shall have the custody of the lesser peece of the said Seal c. So that if a Merchant or any other shall be made a Debtor he may come before the Mayor and Clerk of Recognizances and before them acknowledge his Debt and day of payment fo 110. And the said Mayor and Clerk may do and dispatch all other things which by the Statute aforesaid are requisite c. fo 111. The said Clerk is to have such Wages Fees Rewards and Emoluments for the execution of the said Office as any other Mayor of any other Town or City in England c. fo 112. lawfully and of right hath or receiveth c. fo 113. M The Queen granteth by the said Charter to the Mayor and Burgesses and to their Successors and to the Inhabitants of the said Town that they be quiet and discharged fo 113. of Toles Passages Poundage Murage Chimage Paunage Lastage Stallage Carriage Picage Tronage Hidage and Wharsage for their Goods and Merchandizes as well by Land as by Sea as well in Fares as in Markets and all secular Customs over the Queens Lands on this side and beyond the Seas c. fo 114. The Queen further granteth to the said Mayor Burgesses and their Successors that they shall have for their publick use all and singular such like Toles and all other Customs Toles Profits and Advantages in Fares and Markets holden and to be holden within the said Town and any other times whatsoever by themselves fo 115. to be levied and gathered and to be expended to and for the use of the said Mayor and Burgesses and their Successors c. and the said Queen forbiddeth that any man disturb them c. fo 116. N The said Queen also grants to the said Mayor and Burgesses and their Successors that no Merchant Stranger from the liberty of the said Town of Newcastle may sell to any Merchant Stranger any their merchandizes within the said Town except Victuals and besides in Markets and Fares to be holden within the said Town and limits thereof nor such Merchant Stranger may buy any Merchandizes except and besides as it before excepted fo 117. of any Merchant Stranger within the same Town and liberty thereof other than in gross upon pain and
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