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A42371 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 ... Gardiner, Ralph, b. 1625. 1655 (1655) Wing G230; ESTC R3695 131,711 221

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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 Q●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
Coals but the owners must either sel their Coals to the free Hoast-men at what price they please and then all ships must give them their own price or get none which makes Coals so dear R That no ship shall be loaden with Coals c. that will not do what the Mayor and Burgesses commands them by going up the River seven miles with ballast to their great losse of time and hurt of their ships S That ships have been often ten or fourteen daies in sailing up and down the River onely to discharge their Ballast they for the most part taking in their loading at Shields See chap. 32. C T That other ships which have taken in their loading at Shields with Coals and Salt have made their Voyage to London and back before such ships which were so compelled to Newcastle could get ready and ordinarily is the cause of their loss of three Voyages in the year by such compulsions See chap. 32. D U That they force all ships with materials brought in by Sea for the absolute use of the Salt-Works and Coal-works at and near Shields to be carryed to Newcastle and laid out upon their Key though they have no use for the same and the customs being already paid and Officers at Shields attending often the boats that fetches them sinks in returning to Shields See chap. 50. C W That ships have often sunk in returning empty from Newcastle to Shields there being nothing to be had at Newcastle and such ships are onely to take in Salt or Coals at Shields No Salt to be got elsewhere but at Shields in that River and thereabouts See chap. 29 30 32. X That they will not tollerate any Seaman though never so able a Pilot to guide a strangers ship into the River over Tinmouth-Bar though he be in never so great distress but a Free-man must be sent for from Newcastle there being but two at Shields by means whereof the ship is often ready to be lost before any can get seven miles up and seven miles back again See ch 32. A Y That they force all ships though never so long great or weak to sail up the River to cast out their Ballast upon their Shoars for the gain of Eight pence for every Tun a ship carries which is an Arbitrary Imposition see chap. 32. B. C it formerly being but Four pence And one ship with another carrys an 100 tun every voyage c. See ch 29. C A B That they force Masters of ships to pay for Eighty tun when indeed they have but Forty tun and so oppress the poor Masters whereby the price of Coals must needs be enhanst See cha 44. A A F That they have spoiled the River with their Ballast Shoars by ships sinking in sailing up the River and returning back Their ballast-Shoars being so full and heavy and hilly that every showre of Rain and storm of Wind doth blow and wash down the ballast into the River besides the weight in pressing down the walls t● the great prejudice of the Commonwealth by the obstruction of the River and endangering of shipping See chap. 34. A 35. A. B A. G That by the negligence of the Commissioners for the River above Three thousand Tuns of ballast have fallen into the River in one Nights time See ch 34 C None taken up c. A. H That within this Twenty years where Twenty Ships of a certain burden could have rid afloat in most Road-steads in the River at a low water mark now not above Four ships can ride afloat c. See chap. 35. B A. I That ships have made Twelve Voyages in the year within this 20 years when they had liberty to cast their ballast at Shields and now they make but Four or Five Voyages only being obstructed by the Mayor Burgesses of Newcastle in compelling the ships up the River seven miles to cast out their ballast upon their own Shoars c. See chap. 32 D A. K. That they will not suffer any Ballast-shoars to be built at or near the Sheilds by reason the owners of the ground wil not sel it to them notwithstanding there are convenient places for Shoars for above this hundred years to come without any prejudice to the River and to the great advantage of the Commonwealth See chap. 29. C A. L. That they do hinder the stock of the publick Revenue above Forty thousand pounds per an in Customs decla●● See Chap. 45. B. E. F. 32. D A. M That they do hinder a trade all the Winter season by reason neither ships nor boats can pass up the River which is often frozen below the ballast-Shoars called the Bill-point and half down the River it never freezeth lower See ch 35. B A. N That the Mayor and Burgesses of Newcastle have combined and made new Ordinances amongst themselves that what free Hoast-men or filler of Coals shall sell any Coals to such Ship-Masters as shall cast any ballast at Shields and not upon their own ballast Shoars shall forfi● and pay 20 l. a time or lie in prison till the same be paid See ch 43. D 30. D A. O That all such Coals as shall be sold and not being free of that Corporation shall be confiscated for the Corporations use See 21. Chap. A Some say if what is here alledged be nothing but the truth it were pity but they should receive judgement according to their respective offences but if it appear otherwise it were pity but the evidence upon oath with my self should receive the same judgement A. P That the Mayor and Burgesses by having betrayed the trust reposed in them by King James in the two and twenty Articles for the preservation of the River of Tyne have forfeited all that Corporations liberties into the States hand by the exorbitant abuses committed and neglect in not putting them in execution See chap. 13. A 34. C A. Q All which said charge was proved upon Oath before the Council at White-hall 1650. And the Committee for Trade and Corporations at White-hall in November 1653. And Order was given that Mr. Thomas Skinner be desired to draw up an Act for a free Trade in that Port and River of Tyne to present to the Parliament See Cha. 54. which Act was intended Whether it be consonant to Religion or reason that these things so perpetrated aforesaid against the good of a Commonwealth should be neglected and in not being timely regulated I refer to better judgements Ralph Gardner A. R. Mr. Mark Shafto Mr. Ralph Jennison Mr. Robert Ellison Mr. Tho. Bonner the Recorder and Aldermen of Newcastle with Mr. John Rushworth one Maddison and one Michael Bonner with many more of the Burgesses appeared at White-hall on the 29. of November being the day appointed for the Town to plead to the charge they having had the copy of the charge where the full Committee was met and many Parliament-men more where the Petition the charge the desires were read to the foregoing Gentlemen A.