forfeiture of those Merchandizes to be had and levied for the publick use of the said Mayor and Burgesses fo 118. The Queen moreover granteth that the said Mayor and Burgesses and their Successors fo 118. may have hold c. all such like Liberties Customs Franchises c. and all other the premises c. to the said Mayor and Burgesses granted and confirmed as is before expressed and that they may injoy and use them for ever fully freely c. without impeachment molestation c. fo 119. Further the Queen pardoneth and releaseth to the said Mayor and Burgesses and to their Successors all and all manner of Actions Suits Impeachments by Writ of Quo Warranto to be brought or executed against the said Mayor fo 120. and Burgesses and their Successors by the said late Queen c. or by any of her Officers by reason of any Franchize Liberty c. by the said Mayor and Burgesses or their Predecessors within the said Town and limits thereof before times challenged or usurped and that the said Mayor and Burgesses shall be quit and altogether discharged for ever fo 121. The Queen further granteth that every person or persons who for ever hereafter shall be admitted to be Burgesses c. shall be admitted by the Mayor and Burgesses c. or by the greater part of them fo 122. O Moreover the Queen often considering in her mind of how much availe it is to the Commonwealth of England to have Youth well educated and instructed from their tender years c. fo 123. ordaineth and granteth that within the said Town of Newcastle and the Liberties thereof that there be erected and for ever there be one Free Grammer-Schoole which shall be called the Free Grammer-School of Queen Elizabeth in Newcastle and shall consist of one Master and Schollars to be instructed in the same and that they the Master and Schollars of the same School fo 124. for ever hereafter shal be one Body corporate in Law fact and name by the name of the Master and Schollars of the Free Grammer-School of Queen Elizabeth in Newcastle upon Tyne c. and by that name may have perpetual succession and shall be in perpetuall times to come fo 125. persons able and capable in the Law of having purchasing c. Lands Tenements c. to them and their successors in Fee simple or for term of years so they exceed not the yearly value of 40 li. and so they be not holden of the said Queen her Heirs and Successors in chief nor by Knights service c. f. 126 127 128. and that the Mayor and Burgesses of Newcastle and their Successors or the greater part of them c. fo 129. shal have power to make an honest learned and discreet man to be the first and modern Usher in that School there to continue during the good pleasure of the Mayor and Burgesses c. fo 130. and if it happen the Master and Usher to die or leave the said School c. fo 131. then they may chuse other men to be Master and Usher c. fo 132 133. P ANd whereas the Mayor and Burgesses of Newcastle more deeply considering and weighing the effect of divers Letters Pattents c. And whereas the said Town is an ancient Town and the Mayor and Burgesses of the same time out of mind fo 133. of man they have had a certain Guild or Fraternity commonly called Hoast-men for the discharging and better disposing of Sea-coals and Pit-coals Grind-stones Rub-stones and Whetstones in and upon the River and port of Tyne which Guild or Fraternity is granted or established by none of the said Letters Pattents Whereupon the said Mayor and Burgesses have humbly supplicated the said Queen that in supply of the said defects That We would exhibit Our liberality and favor fo 134. and that We would vouchsafe to make reduce and create the said Guild into a Body corporate and politick c. The said Queen therefore Ordaineth fo 135. appointeth and granteth that William Jennison the elder and 44 persons more commonly called the Hoast-men of the said Town of Newcastle upon Tyne and Brethren of the said Fraternity and all others which now are or hereafter shall be elected admitted c. into the said Guild or Fraternity of the said Hoast-men of Newcastle upon Tyne f. 136 137. hereafter shal be one Body corporate and politick in Law Fact and Name by the name of the Governor and Stewards and Brethren of the Fraternity of the Hoast-men in the Town of Newcastle upon Tyne c. one body corporate and politick really and at full for Us Our Heirs and Successors We do erect make ordain and creat c. And that by the same name they may and shall have a perpetual succession and are and shall be in perpetual times to come persons able and in Law capable to have purchase receive and possess fo 138. Lands Tenements Liberties c. to them and their Successors in perpetuity and otherwaies and to give grant demise c. the same Lands Tenements and Hereditaments and to do all other things by the name aforesaid and that by the same name they may plead or be impleaded c. in what Court soever c. fo 139 140. Q And that the said Governor and Stewards and Brethren of the Hoast-men of the Town fo 140. of Newcastle aforesaid and their Successors that seal at their pleasure may break alter and make as to them shall seem good And the Queen appointeth that there be and shal be for ever hereafter of the number of the Hoast-men c. which yearly upon the fourth of Jan. fo 141. shall be chosen c. by the said Brethren of that Fraternity c. to be Governor c. And likewise there shall be for ever hereafter two honest and discreet men of the said number of Hoast-men c. fo 142. who shall be the said fourth of January chosen by the said Governor Steward and Brethren of the said Fraternity c. And that the Queens will in the premises may have a more excellent effect She fo 143. assigneth nameth and createth William Jennison the elder to be the first and modern Governor c. fo 144. Moreover She hath assigned named constituted and appointed Francis Anderson and John Barker to be the first and modern Stewards of that Fraternity c fo 145 146 147 148 149. R The Queen further grants to the said Governor Stewards and Brethren of the said Fraternity of Hoast-men c. and to their Successors fo 149. that the said Governor Stewards and Brethren c. and their Successors c. shall have in every fit time for ever hereafter full power of meeting in their Guild-hall or in any other place convenient within the said Town and there to constitute make fo 150. such Laws Institutes c. which to the said Governor Stewards and Brethren c. good
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
your bounden Grace with the assent of your Lords spiritual and temporal and the Commons in Parlament to enact ordain and establish that from henceforth any Merchant or Merchants or any other person or persons shall not ship load or unload any Merchandize or other Wares of Goods to be sold here between the said place called Sparhawke and Headwin streams being fourteen miles in length but onely at Newcastle upon pain of forfeiture of all such Goods and Wares and Merchandizes to the King And for the Mayor and Burgesses to pull down all Weires Goares and Engins which was granted by the said Statute provided alwaies this Act be not prejudicial to any person or persons being the Kings Subjects for building shipping loading or unloading any Salt or Fish within the said River and Port or to any of them or to any other persons repairing to the said Port with ships and Merchandizes for selling or buying of any Merchandizes or Wares needful for victualing and amending of the said ships * at the time of their being in the said Port this Act or any thing comprised in the same notwithstanding See ch 50. C A Table of Fees for Customs Toles c. in Towns B Stat. 22. Hen. 8. ch 8. Be it Enacted that every City Borough and Town Corporate their Officer shall set up or cause a Table in open place of and for the certainty of all such and every duty of every such Custom Tole and duty or sum of money of such Wares and Merchandizes to be demanded or required as above rehearsed shall and may plainly appear to be declared to the intent that nothing be exacted otherwise than in old time hath been used and accustomed upon pain of each City five pound and every Corporation forty shillings for every month that the said Table shall fail to be set up the moyety to the King and the other to the party that wil sue for the same by Writ Bil Plaint or Information in which the Defendant shall have no assoyn Wager of Law nor protection of Law allowed See chap. 44. E A Commission of Sewers c. C Stat. 23. Hen. 8. chap. 5. The King considering the absolute necessity of granting a general Act for Commissioners of Sewers to be directed in all parts of his Realm for the advancing of the Commonwealth and commodity of this his Realm And likewise considering the daily great damages and losses which have happened in many parts of the Nation in the decay and spoil of Rivers to the inestimable damages of the Commonwealth which do daily increase for remedy whereof it is enacted that there be Commissioners of Suers and other premises directed in all parts from time to time where and when need shall require to such substantial and indifferent persons as shall be named by the Lord Chancellor and Lord Treasurer of England and the two Chief Justices for the time being or by three of them whereof the Lord Chancellor to be one The Commissioners to be residing in the respective Countie where the Commission is directed which said Commissioners will preserve the said River having power given them to constitute and ordain Laws Ordinances and Decrees and to repeal reform and amend as need shall require any defects Also to pull down any Newsances incroachments or the like erected in the said Rivers and to cause buildings of Wharfs for the good of the same and power to Rate and Tax any person whatsoever towards the charge for the good of the said Rivers or having spoyled the same to seize his or their Lands Tenements Goods and Chattels for the said Taxes and to dispose of the same by Sail Lease or otherwise six Commissioners being present and every Commissioner is to have four shillings a day when they â—it and the Clerk two shillings a day out of the Taxes I refer the rest of this power to the relation of these Statutes following 3. Edward 6. 9. 13. Eliz. 9. See 34. Chap. C 35. A. B. An Attaint against a Jury D Stat. 23. Hen. 8. Chap. 3. The Law having first used all good devices to cause Sheriffs Under-Sheriffs Bayliffs of Liberties Coroners and all others authorized to return and impannel Juries to be indifferent and to return the said Jurors and Juries without all partiallity and that they shall be no Furtherers Maintainers nor Assisters to perjury subordination or embracery and also having provided that all those Jurors which be so returned upon Inquests and to try Inquests and to try Issues between party and party may again one by one be sifted tryed and examined whether they standing unsworn be indifferent or not she doth then expect from those Jurors veridictum a true Tale that is to say a true Verdict or Presentment of such things as be given them in charge according to their evidence but if the same Jurors will decline from truth and make a false presentment contrary to their evidence * then it is not to be tearmed veredictum but perjurium and it will be returned to them as maledictum for by the Common-Law they being Attainted by the Verdict of four and twenty other Jurors shall receive a cursed and villanous judgement therefore viz. The said Jurors shall lose the freedom of the Law their Wives and Children shall be thrust out of their houses their houses shall be pulled down to the ground their Orchards and Gardens shall be subplanted their Trees shall be digged up by the roots their Meadows shall be eyred up all their Goods and Chattels which they have at the time of the Attaint brought or at any time after shall be forfeited to the King the King shall have all the profit of their forfeited lands during their lives and they shall be committed to perpetuall prison which judgement was devised and many years put in execution to the intent it might be known how much the Common-Law did detest and punish wilfull perjury and falshood in those who she trusted in place of justice and from whom she accounted to receive truth See Poulton Perjury 16 See Chap. 58. B. C. D. Stat. 23. Hen. 6. 10. D. To prevent spoyl in Rivers by Ballast C Stat. 34. Hen. 8. 9. The King for the good and preservation of Rivers Enacted that what person or persons do cast or unlade any Ballast Rubbish Gravel or other wreck out of any Ship Crayer or other Vessels being within any Haven-road Channel or River to any Port Town or other City or Borough within this Realm but onely upon the land above the full Sea-mark upon pain of forfitude of five pound a time the one half to the King the other to the party discovering that will sue for the same by Bill Plaint or otherwise no wager of Law admitted or any Essoyn or protection allowed This is a legal course but Newcastle acts not hereby as you may see in Chap. 34. C 35. A. B. 12. Chap. 6. 14. B. King Edward the First Sheriffes punished for refusing Bail A STat. 3. Ed. 1.
Judges cannot come to the knowledge of such offences and the offenders not punished If that clause of the Statute were repealed which tyes all informations to be tryed only and to be prosecuted in the same County and this put in that any may as well prosecute at Westminster as elsewhere would bring into the publick Revenew above a hundred thousand pound per annum Limitations of certain Actions for avoiding Suits in Law F Stat. 21. K. James Chap. 16. Be it Enacted That all Actions upon the case other then for slander Actions for Account Actions for Treaspass Debt Detriment and Replevi for Goods or Chattel and the said Action of Trespass Quare clausum fregit within six years next after the cause of such Action and not after Action of Trespass of Assault Battery Wounding Imprisonment or any of them within four years next after the cause of such Action or Suit and not after And Actions upon the case for words within two years next after the words spoken and not after That no person do enter into any lands but within twenty years next after his Right or Title which shall hereafter first descend or accrue to the same and in default thereof such persons so not entring and their heirs shall be utterly excluded and dis-abled from such entry after to be made c. Provided that if any person or persons be at the time of such cause of action given or accrued fallen or come within the age of one and twenty yeers seme covert non compos mentis imprisoned or be beyond the Seas that then such person or persons shall be at liberty to bring the same Actions so as they take the same within such time as are before limited after their coming to or being of full age discovert of sound memory at large and returned from beyond the Sea as other persons having no such impediments should be done Stat. 20. Hen. 3. 8. 3. Ed. 1. 38. 32. Hen. 8. 2. 1. M. 5. The punishment of Drunkards G Stat. 21. K. James 7. c. for preventing of that loathsome sin of Drunkennesse Enacted that for every time any was drunk should within one week after conviction by the Oath of one Witnesse pay five shillings to the Church wardens of the Parish for the use of the poor and for want thereof in monies to be set in the Stocks six hours And for the second offence to be bound to the Good Behaviour See Chap. 55. B. The Ale-house keeper which doth not sell by a full measure of a Quart shall c. and that shall keep any person tipling above one hour shall forfeit ten shillings and all Brewers that shall deliver Beer to houses unlicenced shall pay six shillings eight pence for every Barrel c. King Charles The Petition of Right A STat. 3 year of K. Charles upon the second day of March 1627. The Lords Spiritual and Temporal and the Commons assembled in Parliament read the Petition unto the King the effect thereof was That his Majesty would declare and grant in open Parliament that none might be compelled to make or yeeld any gift loan or benevolence tax or such like charge without common consent by Act of Parliament That none be compelled to make answer or take such oath or to give attendance or be confined molested or disquieted for refusal of that Nor Free-men be imprisoned or detained it being the right and liberty of the subject according to the Laws and Statutes of England and to declare your Royal will and pleasure which the King did in these words Soit Droit fait come est desire Let Right be done as is desired See 28. Chap. 30. B 38. C 41. A 51. C 43. D. The Star-chamber and High-commission Courts voted down B Act. 17. King Charles The Parliament dissolved the High-commission and Star-chamber Courts with the President and Councel of the North to the end to abandon all Arbitrary pressures conceiving them to be the greatest of evils the proceedings censures and decrease of those Courts have by experience been found to be an intolerable burden to the people and the means to introduce an arbitrary power and government being contrary to the Laws and Liberties of the Land c. All which Courts and proceedings shall sease after the first of August 1641. being absolutely dissolved and taken away c. But it further Enacted and Declared that neither his Majesty nor Councel have nor ought to have any Jurisdiction Power or Authority by English Bill Petition Articles Libel or any other Arbitrary way whatsoever to examine or draw into question determine or dispose of the Lands Tenements Hereditaments Goods or Chattels of any of the subjects of this Kingdome but that the same ought to be tried and determined in the ordinary Courts of Justice and by the ordinary course of the Law c. And that from henceforth no Court Councel or place of Judicature shall be erected ordained constituted or appointed within this Realm of England c. which shall have use or exercise the same or the like * Jurisdiction as is or hath been used practised in the said Court of Star-chamber And be it Enacted that if any who ever they be shall put in practice any of the Courts above named practices shall for such offence forfeit five hundred pound for the first offence to the party grieved one thousand for the second offence and for the third offence shall be from thenceforth incapable Ipso facto to bear office and disabled to make any Gift Grant Conveyance c. of any of his Lands c. nor to have any benefit of them c. and shall pay to the party grieved treble damages to be recovered c. in any Court of Record at Westminster by Action of Debt Bill â—laint or Information wherein no Essoyn Protection Wager of Law Ayd Prayer Priviledge Injunction or order of restraint shall be in any wise prayed granted or allowed nor any more then one Imparlence c. It will do the Masters of ships no harm to get five hundred pounds for every oath they are forced to swear against themselves to cut purses to be imprisoned without judgement of the Law arbitrarily fined c. all being done by the Magistrates of Newcastle c. See Chap. 29. Chap. 26. The Parliament Monopolies voted down c. A 1640. The Parliament were then so zealous for the Nations weal that seeing what heavy yokes of bondage the people sat under by Monopolies they fell to work on them and voted down the Pattents of Tyn Soap Lether Salt c. as being infringers of the common right of the Free-born And the pre-emption of Coals would have been the like if any publick spirit had appeared and presented that grand grievance which more concerns the life of man then any of the other but I hope God will do it in due time See Stat. 21. King James 3. See Chap. 44. E. All Trade prohibited to Newcastle upon Tyne c. B
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
then to chuse another within twenty daies c. fo 51 52. The like for the Sheriff c. fo 53 54. William Jennison named first Mayor fo 55 56. John Savel one of the Barons of the Exchequer first and modern Recorder fo 57. William Selby c. and nine others are made the first and modern Aldermen fo 58. James Clavering appointed first and the modern Sheriff c. fo 59. The said William Jennison Mayor and thirty five persons more are appointed to be the first and mordern Common-Council-men c. fo 60 61. Matthew Chapman and Rowland Tempest are appointed to be first and the modern Coroners c. fo 62. George Dent appointed first Clerk of the Chamber fo 62. Francis Burrel and seven others appointed to be the first and the modern Chamberlains of the said Town fo 63. George Still appointed Sword-bearer fo 63 George Selby and seven other persons appointed to be the 〈◊〉 Serjeants at Mace c. fo 63. The said Queen grants to the said Mayor and Burgesses and their Successors for ever that they may hold one Court of Record in Guilde-hall before the Mayor upon Monday in every week through the year except in the weeks of Christmas Easter and Penticost c. fo 65. and another Court upon Wednesdaies and Fridaies in every week throughout the year except in the several weeks aforesaid and all Pleas of Debts Covenants Deteiner Trespasses c. fo 66 67. and pleas of Court of Pipowder c. fo 68. and Courts of the Upper-Bench Justices of the Bench and Justices of Assize before the said Mayor fo 69 70. And that the Mayor and Burgesses in the Court to be holden before the Mayor and in the Court to be holden before the Sheriff and their Successors in all and singular Suits c. may attatch the parties Defendents in the same Suits c. fo 71. in their Lands and Goods and commit them to their prison called Newgate c. fo 72 73. The Mayor the ten Aldermen and Recorder of the said Town for ever to be joyntly and severally Keepers of the Peace c. within the said Town c. and to chastise and punish malefactors c. fo 73 74 75 76. And further That they the 12 11 10 9 8 7 6 5 4 or 3 of them whereof the Mayor to be one be Justices of the said late Queen her Heirs and Successors to enquire upon oath c. fo 76. of all Murders c. Forestallers Regrators c. and of all other matters whatsoever done or committed c. fo 77 78 79. so that the Keepers of the Peace in Northumberland and Durham do not enter for any matter of Peace c. to be ended and determined in the said Town of Newcastle f. 80. F The Queen grants to the said Mayor and Burgesses and their Successors that they may as often as need shall require impose c. Fines Penalties Taxations Customs c. for the publick use of the Mayor and Burgesses of the said Town to be kept in their common Chamber and to be expended for their publick use fo 81. or by their Officers from time to time to be levied such as before time were lawfully taxed and imposed c. and that the said Mayor c. may use all the means they can to levy and gather the same fo 82. G The Queens pleasure further was that the Mayor◠Recorder and Aldermen of the said Town or five or more of them whereof the Mayor to be one be Justices for Gaol Deliveries c. fo 83. and that the Coronors * of the said Town shall deliver all Juries Inquisitions pannel Attatchments c. and make return of them to the Mayor c. in all their Gaol Deliveries c. fo 84. and do execute the Precepts of the Mayor c. in such manner as any Sheriffe of England was accustomed to do at the Gaol Deliveries for their several Counties and that the said Mayor Recorder and Aldermen may fo 85. erect Gallows within the Liberties of the said Town to hang Felons c. And that the said Mayor Recorder and Aldermen or five or more of them may take and Arrest what Felons Theeves and Malefactors soever within the Town and Port of Newcastle and Port aforesaid or the Precinct or Liberties of them are found c. and may bring them to Prison there fo 86. H The said Queen gives Licence to William Reddel and to six others and to what subjects or subject whatsoever of the said late Queen her Heirs and Successors Assign or Assigns Tenants or Farmers fo 87. of the Mannor of Gatesside and Wickham with their Appurtenances in the County of Durham by vertue of a Lease to the said Queen made amongst others by Richard late Bishop of Durham by his Indenture dated the 26 of April in the 24 year of her Reign 1582. for ninety nine years from the making thereof and that the said Assign or Assigns Tenants Farmers fo 88. of the Premises so demised and their survivors The said Mannors or Lordships of Gates-side and Wickham with their Appurtenances may grant and assign to the said Mayor and Burgesses and to their Successors for the residue of the years then to come and to the Mayor and Burgesses of the said Town and to their Successors That the said Manners and Lordships of Gatesside fo 89. and Wickham aforesaid with their Appurtenances may have and hold during the residue of the years then to come the said Queen for her her Heirs and Successors gave special Licence notwithstanding the Statute of Mortmain or any other Statute c. fo 90. I The Queen pardoneth and releaseth to the said Mayor and Burgesses and to their Successors and to every Subject and Subjects whatsoever c. All and all manner of pains Penalties forfeitures and sums of money and all other charges whatsoever to the said Queen or to any her Progenitors fo 91. theretofore forfeited by vertue of an Act of Parliament of King Henry the fifth at Westminster in the ninth year of his Reign onely published for the assurement of Keels by Parliament Commissioners assigned or by pretence of another Act of Parliament begun at Westminster in the one and twentieth year of King Henry the eighth fo 92. Intituled an Act concerning Newcastle and the Port there for the loading or unloading of any Merchants goods within this Kingdome or elsewhere to be sold from any Ship or Ships or other Vessels in or at any place or places within the Port and River of Tyne between Sparhawk fo 93. and Hadwyn streams but only at the said Town of Newcastle and not elsewhere under pains and forfeitures in the said Act contained and specified And by vertue of another Act of Parliament at Westminster aforesaid the three and twentieth of January in the first yeer of the late Queen Elizabeth Intituled an Act limitting the times 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
night in any place upon pain of forfeiture of their Arms and imprisonment during the pleasure of the King all Officers whatever is required to put this Act in force See ch 37. A C 2. Edw. 3. 6. 2. Ed. 4. 5. Every Justice of peace upon his discretion may bind to the Peace or Good Behavior such as are common Barrators A common Barrator is he which is either a common moover and stirrer up or maintainer of Suits in Law in any Courts of Record or else of quarrels or parts in the Country as if any Court of Record County Court Hundred or other inferior Courts any person by fraud and malice under colour of Law shall themselves maintain or stir up others unto multiplicity of unjust and feigned Suits or Informations upon penal Laws or shall maliciously purchase a speciall Supplicavit of the Peace to force the other party to yeeld to him composition all such as are Barrators in the Countrey and these are three sorts First Disturbers of the Peace * such are either common quaâ—rellers or fighters in their own cause or common moovers or maintainers of quarrels and affraies between others Secondly Common takers or detainers by force or subtlety of the possessions of Houses Lands or Goods which have been in question or controversie Thirdly Inventers and Sowers of false reports whereâ— by diâ—cords ariseth or may arise between Neighbors Yea if one be communis seminator litium he is a Barrator or if any man of himself be communis oppresor vicinorum a common oppressor of or wrangler with his Neighbors either by unjust or wrangling Suits or other oppressions or deceits he is a Barrator or if one Communis pacis perturbater calumniator malâ— factor he is a Barrator but all such persons must be common Barrators not in one or two but in many causes See Lamb. 79. Co. 8. 36. Co. l. 338. Co. 8. 36. Cromp. 257. Câ— 8. 37. D Stat. 2. Edw. 3. 8. It is accorded and established that it shall not be commanded by the great Seal nor the little Seal to disturb or delay common Right and though such commandements do come the Justices shall not therefore leave to do right in any point Stat. 9. Hen. 3. 29. 5. Ed. 3. 9. 14. Edw. 3. 14. Gold and Silver prohibited c. E Stat. 9. Edw. 3. 1. No person shall carry Gold or Silver out of the Realm without the Kings license who so doth shall forfeit all such as is carrying with ship c. Stat. 5. Rich. 2. 2. Stat. 2. Hen. 6. 6. 19. Hen. 7. 5. Rates on Victuals F Sat. 23. Edw. 3. 6. The King Ordains all persons whatever which sels any kind of Victuals shall be bound to sell their victual at a reasonable rate or price having respect to the price that such Victuall be sold at in the places adjoyning so that the seller may have a moderate gain and not excessive * And if the seller do sell otherwise shall pay double back the Mayor and Bayliffs of the City Market-Towns and other corporate Towns and the ports of the Sea shall have power to enquire of all offenders in the same And to levy the said pain upon themselves for their use who sueth for the same and in case the Mayor and Bayliffs be negligent in putting in execution any of the premises and thereof be convicted before Justices assigned then the said Mayor and Bayliffs shall be compelled by the said Justices to pay the treble of the things so sold to the party damnified and also shall be grievously punished by the King 23. Edw. 3. 4. See chap. 50. A 44. E 48. A 51. A 29. A None to be condemned without his Answer c. G Stat. 28. Edw. 3. 3. The King ordains that no man of what estate or condition he be shall be put out of his Land nor Tenements nor taken nor imprisoned nor dis-inherited nor put to death without being brought to Answer by due process of Law Stat. 9. Hen. 3. 29. 5. Edw. 3. 9. 25. Ed. 3. 4. See chap. 10. X 38. C 41. A 43. D 38. A Penalty of a Mayor Sheriff and Aldermen for not redressing grievances H Stat. 28. Edw. 3. 10. Because of the Errors Defaults and Misprisions which be notoriously used in Cities Boroughs and Corporations for default of good governance of the Mayor Sheriff and Aldermen cannot be inquired nor found by people of the same Town it is Ordained and established that the said Mayor Sheriffs and Aldermen which have the Governance of the said Town or City shall cause to be redressed and corrected the Defaults Errors and Misprisions above named and the same duly punish from time to time upon a certain pain that is to say at the first default a thousand Marks to the King The second default two thousand Marks And at the third default that the Franchizes and Liberties of the said Town be taken into the Kings hand it shall be enquired of by foraign Inquests of foraign Counties namely the City of London but all other Cities Boroughs and Corporations to be tryed by forain Inquests in the same Town which may be done by the punishment of Judges thereunto assigned by Inquest or Indictment and called to answer the same out of their Town which fine is to be leavyed by Attachment and distress and by exigent if need be upon any Land or Tenements out of their Town belonging to any of them King Edward the Sixth Edward borne at Hamâ—oâ—â— Court at the age of 9 yeares began his raigne the 31 of Januâ—â—â—46 Crowned at wesâ—m the 2â— of februa folowing he raigned 6 yeares 5 monthes died the 6 of Julie buried at westminster Murder c. A STat. 1. Edw. 6. 12. It is Murder to strike with either blunt or sharp weapon if the party dye within a year and a day and the blows given upon malice neither shall Clergy be allowed See Chap. 36. A. Victuallers and Handicrafts-men B Stat. 2. Edw. 6. 15. For as much as Artificers Handicrafts men and Labourers have made Confederacies and mutually sworn not onely that they should sell their victuals at a certain rate and not to meddle with one anothers work and finish that which others have begun but also to appoint how much work they shall do in the day and what hours and times they shall work contrary to the Laws and Statutes of this Realm and to the hurt and great impoverishment of the Kings subjects For reformation whereof the King ordains That if any Victuallers or Artificers aforesaid shall at any time combine conspire or make any Oaths that they shall not sell their victuals at certain prices or that Artificers shall not work but as abovesaid being convicted shall pay in six dayes ten pounds to the King or twenty dayes imprisonment and fed onely with bread and water if he have not sufficient to pay the said Fine For the second offence the Pillory or twenty pound And for the third offence shal forfeit forty pounds
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
same Serjeant Counsellor Clerk or Clerks or Officers aforesaid testifying how much he hath received for his Fee or paid or given for copies and at what time and how often And that all Attornies and Solicitors shall give a true bill unto their Masters or Clyents or their Assigns of all other charges concerning their Suits which they have for them subscribed with their own hand and name before such time as they or any of them shall charge their Clyents with any of the same Fees or Charges And that if any Attorney or Solicitor do or shal willingly delay his Clyents Suits to work his own gain or demand by his Bill any other summe of mony or allowance upon his account of any monies which he hath not laid out or disbursed that in every such case the party grieved shall have his action against such Attorney or Solicitor and shall recover therein costs and treble damage and the said Attorney or Solicitor shall be discharged from thenceforth from being an Attorney or Solicitor any more See Chap. 58. A All Monopolies and Dispensations with penal Laws shall be void D Stat. 21. K. James Chap. 3. For as much as your most Excellent Majestie in your Royal judgement and of your blessed disposition to the weal and quiet of your subjects did in the year of our Lord God 1610. publish in Print to the whole Realm and to all posterity that all Grants and Monopolies and of the benefit of any penal Laws or of poor to dispence with the Law or to compound for the forfeiture are contrary to your Majesties Laws with your Majesties Declaration which is truly consonant and agreeable to the ancient and fundamental Laws of this your Realm And whereas your Majesty was further gratiously pleased expresly to command that no Suitor should presume to move your Majestie for matters of that nature yet neverthelesse upon Mis-information and untrue pretences of publick good many such Grants have been unduly obtained and unlawfully put in execution to the great grievance and inconvenience of your Majesties subjects contrary to the Laws of this your Realm and contrary to your Majesties Royal and blessed intention so published as aforesaid for avoiding whereof and preventing the like for the time to come May it please your most Excellent Majestie at the humble Suit of the Lords Spiritual and Temporal and the Commons in this present Parliament assembled that it may be declared and enacted And be it declared and enacted by Authority of this present Parliament That all Monopolies and all Commissions Grants Licences Charters and Letters Pattents heretofore made or granted to any person or persons bodies Politick or Corporate whatsoever of or for the sole buying selling making working or using of any thing within this Realm or of any other Monopolies or of Power Liberty or faculty to dispence with any other to give licence or toleration to do use or exercise any thing against the tenure or purport of any Law or Statute or to give or make any Warrant for any such Dispensation Licence or Toleration to be had or made c. And all Proclamations Inhibitions Restraints Warrants of assistance and all other matters or things whatsoever any way tending to the instituting erecting strengthning furthering or countenancing of the same or any of them are contrary to the Laws of this Realm and so are and shall be utterly void and of none effect and in no wayes to be put in use or execution c. Be it further Enacted c. that all person and persons bodies Politick and Corporate whatsoever which now are or hereafter shall be shall stand and be dis-abled and uncapable to have use exercise or put in eure any Monopoly or any such Commission Grant Licence Charter Letters Pattents Proclamations Inhibition Restraint Warrant of assistance or other matter or thing tending as aforesaid or any liberty power or faculty grounded or pretended to be grounded upon them or any of them The party grieved by pretext of any Monopoly c. shall recover his or their treble damages and double costs c. and he that delayeth an action grounded upon Statute incurs a premunire which is exprest in the 16. Rich. 2. 5. shall be put out of the Kings Protection and their Lands and Tenements Goods and Chattels forfeit to our Lord the King and their bodies to be attached to answer the King c. Charters granted to Corporations saved Letters Pattents to use new Manufactures saved Grants confirmed by Acts of Parliament saved Warrants granted to Justices saved Letters Pattents that concern Printing Salt-peter Gun-powder great Ordnance shot or Offices saved Nor shall this Statute extend to void Commssions for Allum-Mines nor to the Licences of keeping Taverns making glasse transportation of Calves-skins nor for making Smalt nor for melting Iron evre with Sea-Coal c. Provided also and be it Enacted That this Act or any Declaration proviso penalty forfeiture or other thing before mentioned shall not extend or be prejudicial to any use custome Prescription Franchize Freedome Jurisdiction Immunity Liberty or Priviledge heretofore claimed used or enjoyed by the Governours and Stewards and Brethren of the Fellowship of the Hoast-men of the Town of Newcastle upon Tyne or by the ancient Fellow-ship Guild or Fraternity commonly called Hoast-men for or concerning the selling carrying lading disposing shipping venting or trading of or for any Sea-coals Stone-coals or Pit-coals forth or out of the Haven and River of Tyne or to a Grant made by the said Governor and Stewards and Brethren of the fellowship of the said Hoast-men to the late Queen Elizabeth * of any duty or summes of money to be paid for or in respect of any such Coals as aforesaid Here the Reader may see that all these excepted except to the Justices are allowed to be Monopolies and this last the greatest that ever was See Chap. 11. Chap. 8. A Chap. 21. A Parliament 1640. Informations upon penal Statutes shall be prosecuted in the Counties where the offences are committed E Stat. 21. K. James Chap. 3. Be it Enacted that all informations upon pâ—nal Statutes shall be prosecuted in the Counties where the offences were committed c. upon default of proving that the offence was committed in the same County the Defendant shall be found not guilty c. the Informer shall make oath that the offence was committed in the same County where the Suit is commenced c. The Defendant in an information upon a penal Statute may plead the general issue that they are not guilty c. Certain offences there be excepted but may be tried elswhere c. This Statute was made in favour and ease of the people from coming to London but it is the worst Statute that ever was made and much in favour of the offender for the offender in Corporations and Sheriffs are Judges and Jurors in their own cases and the Informer cast into prison when the Judges are coming to Assizes c. so the
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