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
John as by the said Letters Pattents appeareth The said King John was the cause of burning Morpeth the chief Town in Northumberland and many more Towns in Wales because of the enmity between him and the family of the Bruces who originally were planted in Wales Wherefore the said Charter made by the said King John to the said honest men of Newcastle upon Tyne cannot be valid in Law because in the fourteenth year of his Reign he subjected himself to be a Vassal to the Pope of Rome as is aforesaid and for many other reasons mentioned in the said Charter it self considered in themselves In this Charter of King John that he grants to the honest men of Newcastle upon Tyne he mentions not the Port of the River of Tyne from Sparhawk at Tinmouth-Bar upon the Sea to Hadwyn streams above Newburn in Northumberland neither is there so much as one syllable whereby the said King grants to them the two third parts of the said River or any of the Fishing between the said places c. CHAP. III. A KIng Henry the Third being earnestly supplicated by the good men of Newcastle to confirm King Johns Charter which was done upon the second day of July in the year of our Lord 1234. the said King Henry did not inlarge their jurisdiction at all but onely grants them the Charter in the very same words as King John had in his Charter granted B King Henry the Third by his Letters Pattents under the Great Seal of England dated at Westminster the first day of December in the three and twentieth year of his Reign upon the good men of Newcastles supplication thought it fit to give them Licence to dig Coals and Stones in the common Soil of that Town without the walls thereof in the place called Castle-field and the Frith and from thence to draw and convert them unto their own profit in aid of their said Fee-farm Rent of a 100 â— per Annum and the same as often as it should seem good unto them the same to endure during his pleasure which said Letters Pattents were granted upon payment of twenty shillings into the Hamper nothing more was given neither Lands c. but only to work the Coals during pleasure for their own use C King Henry the Third was petitioned again by the same honest men for so they were called by King Johns Charters probi homines That his Majesty would be graciously pleased to give them all the Stone and Coals in a place called the Frith adjoyning to the former the better to enable them to pay their Fee-farm Rent which also was granted paying forty shillings per Annum into the Hamper upon the eleventh of May in the one and thirtieth yeer of his Reign All which Coals and Stones have do and will amount to many thousands of pounds yet no land above the said Coals was granted unto them CHAP. IV. A KIng Edward the First in the Nineteenth yeer of his Reign was supplicated by the good men of Newcastle to grant them a sum of money and a Licence for the building of a Wall round the Town on which Wall one of the Mayors of Newcastle was hanged as by the Record of the Registery appears That two third parts of the River of Tyne from Sparhawk to Beadwyn shelves were in this Kings hands And for such Lords as held any Fishings on the South-side of the said River of Tyne which went to the Mid-stream they were meer intruders of one sixt part more then was their own for whereas they were to have had but one third part they claimed half B And that this King gave Licence to build a Wall about the Town of Newcastle and gave mony towards this wall which was not bestowed C And that divers purpreslures were then incroached upon by the good men of the Town of Newcastle upon the Moat of the Newcastle built by William Rufus adjoyning thereunto And to the end that the then Sheriffe of Northumberland might present these incroachments into the Chancery whereby to discover their unjust dealing and intrusion upon the said Moat of the said Castle they the said good men gave to him the said Sheriffe a gift or bribe of ten Marks that he might not vex them as by the said Record more at large appears c. CHAP. V. THe said King Edward the Third by his Letters Pattents dated at Westminster the tenth day of May in the one and thirtieth yeer of his Reign confirms all former Charters with an addition of his own that he for himself and his Heirs Granted Demised and Confirmed unto his honest men of the Town of the Newcastle upon Tyne his Town of Newcastle before called Manchester with all its Appurtenances for a hundred pound per Annum to be paid to the said King and his Heirs c. Which he the said King confirms to the said men and Burgesses and to their Heirs for ever And because on the behalf of the said Burgesses of the said Town it was humbly supplicated to the said King That whereas the said Moore and Lands called Castle-fields and Castle-moor on the North-side of the said Town of Newcastle from a certain place called Ingler Dike c. as the same are butted and bounded c. even to the said Town of Newcastle are the lands and soil of the said Town of Newcastle belonging to the same beyond memory with all profits coming of the said Lands Moor and Soil as by an Inquisition thereof taken and returned into the Chancery appeareth And albeit the said Burgesses and their Predecessors from the time they have had the said Town to farm they have held the said Moor and Land as though it were appertaining to the said Town and have alwayes hitherto peaceably and quietly had and reaped all the profits coming of the said Moor and Lands yet the said Burgesses now they are turned from honest men to Burgesses the next will be to For that there is no mention made of the said Moor and Lands albeit they be of the Appurtenances of the said Town do fear that they may be impeached afterwards and for that the said Town as well by reason of the last Pestilence at that time as by the hazards of Wars and divers other adversities was so impoverished and destitute of men that the profits of the said Town sufficed not for the payment of the said Farm as they then pretended The said King being willing to provide for their indempnity in that behalf and for him and his Heirs granted that they and their Heirs might have and hold the same Moor and Soil as if it were appertaining to the said Town with all profits out of the same c. And that they the said Burgesses and their Heirs in the said Moor and Lands may dig and may have Coal Slaiâ— and Stâ—ne there and from thence may draw them and may make their profit of the said Coals Slait and Stones and other profits coming out of the said
beseecheth her Grace to increase inrich inlarge and establish as much as in her lay their Authorities and Jurisdiction in Sea-businesses with larger Priviledges Exemptions Liberties and Immunities and those being called by various names to establish into a certain Body and reduce and create the Name of the Incorporation upon which Petition the Queen made the Town and Corporation of Newcastle a free Town in these words D That the Burgesses and Inhabitants of the said Town from henceforward for ever shal be one body Corporated or body Politick in substance Fact and name by name of a Mayor and Burgesses And that by that name they may have perpetual succession And persons able in Law capable to have purchase receive and possesse Lands Tenements Liberties Jurisdictions Franchises and Hereditaments of what kind nature or form soever they shall be to them and their Successors in Fee and perpetuity And to assign them over by the name aforesaid And by the same name to implead or sue and be sued answer or to be answered defend or be defended in any Court of Record E And to have a common Seal for their causes and businesses and to break and change the same at their pleasure F Likewise she confirms by the said Charter to the said Mayor and Burgesses and their Succesors that they onely of the said Town with its Members and Appurtenances and also that they may have all the same Customes Liberties Priviledges Franchises Immunities Exemptions Qâ—ittances and Jurisdictions how many and how much soever hath been granted by former Kings by what name or names soever or by what pretence they have or do enjoy or claim the same To have and to hold and to be holden of the said Queen in Fee-farm c. G Also grants by the said Charter unto the Mayor and Burgesses and their Successors full authority power and faculty of Mittigamus constituting ordaining making and establishing from time to time such Laws institute Judgements Ordinances and Constitutions according to their sound discretion being good wholesome and necessary for the publick good and weal and common profit and good rule of the said Town H The Mayor and Burgesses have power hereby to inflict punishments pains penalties and imprisonments of bodies and by Fines or Amerciaments may levy and have to them and their Successors without calumny or impeachment requiring all persons to yeeld obedience to such Laws c. Provided those Laws Ordinances Institutions and such like Customes be not repugnant to the Laws and Statutes of England I Also that the Grants which the said Town of Newcastle and the Circuits Precincts and Jurisdictions thereof to stand as well in breadth as length as well by land as by water as was accustomed before the memory of man as they were wont to extend themselves and in the River of Tyne from a place called Sparhawk in the Sea to Headwin streams seven miles above Newcastle-bridge And to pull down all walls hedges and blocks offensive c. K And further by the said Letters Pattents the Queen doth grant unto the said Mayor and Burgesses upon the surrender of the same Letters Pattents of the same High Admiral of England by death forfeiture surrender or other means to become void for ever And may have and hold within the said Town one Court of Admiralty of Record every Munday throughout the year In which Court the Mayor or Recorder to be one And to begin upon the vacancy of the said Office to hold by plaint in the same Court to be levied all and all manner of Pleas Suits Plaints and Demands For which Debts Contracts Covenants Trespasses and Deceits Matters and Offences whatsoever to the said Court of Admiralty belonging and to hold Court of Pleas according to the Laws and Customes of the said Court of Admiralty of England and other Legal wayes and means whereby the truth may the better be known with power of any temporall constraint or mulct or any other pain according to the Laws and Customes of the said late Queens Court of Admiralty of England to be compelled or to do and administer Judgement the order of Law being kept L And likewise she ordains Justices of the Peace to conserve the Peace in the said Town and Port for the putting in execution the Statutes and Ordinances made at Wstminster in the eighteenth yeer of King Edward the third concerning forestalling of Merchandizes upon the water or upon the Sea And the thirteenth of Edward the first the five and fortieth of Edward the third the thirteenth of Richard the second and seventh of Henry the fourth and Henry the sixth the four and thirtieth of Henry the eighth and the fifth and sixth of Edward the sixth Statutes at Westminster against Regrators Fore-stallers and Ingrocers to enquire after such offenders against the Laws and Statutes aforesaid to hear and determine such like Indictments and Punishments M That the Sergeant at Mace all Juries Pannels Inquisitions Attatchments Precepts Mandates Warrants Judgements Sentences Processes or other things whatsoever to do for the dispatching thereof N The Queen gives further power unto the Mayor to choose all Officers in the said Court whatsoever to remove and expell them as they shall see cause according to Law and Equity O That the Mayor Recorder and Aldermen three or more of them whereof the Mayor or Recorder to be one of them may have for every acknowledgement of al and singular such like Pleas Plaints Suits and Demands of Debts and other Sea-businesses and offences and also disseizing of all wrecks * at Sea or Port happening and of the death drowning and viewing of all dead bodies of what persons soever which in the said Town and Port howsoever slain or drowned or to be slain drowned or murthered or brought to death by any other means P Also the custody and conservation of the Statutes the wreck at Sea and of the Office of Coronors in the third and fourth year of King Edward the first and to punish Delinquents according to Law Q The Mayor of the same Town for ever hath hereby power to receive acknowledgements for any cause whatsoever in the Admiralty Court determinable and to record and enrole the said Recognizance to release cancel lessen and qualifie at their pleasure according to Law Also to demand execution according to the manner of the said High Court of the Admiralty of England R The said Queen doth give and grant by the said Letters Pattents unto the said Mayor and Burgesses and their Successors all and singular Fines Redemptions Issues Amerciaments Forfeitures Perquisites and profits whatsoever appearing happening coming assessed imposed or taxed or then after to be upon any by the aforesaid Court for their own proper use and behoof without any account to the said Queen or her Heirs to be levied so soon as ever it shall be adjudged by them without any unquietnesse
vexation or trouble of the said Queen her Heirs and Successors Justices or other Ministers or Subjects whatsoever S Also to have all manner of such like goods and Chattels Weiffs Wrecks of the Sea Goods floating or swimming upon the water and driven to the shoar sunk to the bottom and goods due to more by proportion Treasure found Felons of themselves Deodands and other casnalties as well upon as by the Sea or Shoars and Maritine parts as upon or by the fresh water howsoever whensoever or wheresoever or in what manner appearing happening or coming which to the Admiralty of England doth belong T And all Royal Fishes Sturgeons Whales Porpoyses Dolphins Rigoseres and Grampeses V That the said Queen willed that the Mayor Recorder and Aldermen for the time being three or more of them whereof the Mayor or Recorder to be one from time to time ever hereafter to be Justices at the Goal delivery and to deliver out of prison in the same committed to the same Goal for what cause soever W That they may erect Gallows within the liberty of the said Town for Felons Murtherers and other Malefactors whatsoever within the Town or Port and to commit them to the Goal till they be from thence delivered by due course of Law See Chap. 53. A. Y All which of her special favour she grants without Fine into the Hamper Dated at Westminster the 30. of August in the 31. year of her Reign It is conceived this is voyd by reason granted without any consideration into the Hamper CHAP. XI A brief of the Privileges contained in the Charter of Liberties granted by Queen Elizabeth to the Mayor and Burgesses of the Town of the Newcastle upon Tyne the 22th of March in the 42th year of her reign As followeth The Twelve Companies of Newcastle be as follow Cordwinders Butchers Taylors Fullers Drapers Mercers Skinners Corn-Merchants Tanners Sadlers Bakers Smiths I finde not Brewers nor Carpenters A THat the Town of Newcastle is an antient Town and that they have had Laws Jurisdictions c. and that the said Town hath suffered no smal loss by reason of divers differences c. fol. 1. concerning the manner of loading and unloading Sea-coals at the same Town fo 2. whereupon the said Mayor and Burgesses humbly petitioned the said late Queen for the better maintenance and government of the said Town that she would vouchsafe to amplifie her munificence and favor towards the said Town fo 2. B The said Queen for her and her Successors grants to the said Mayor and Burgesses and to their Successors that they only of the said Town with its members shal have and enjoy all the Customs Liberties c. which were granted to their Successors by several Charters fo 3. which the honest men of the Newcastle upon Tyne c. by pretence of what Corporation soever they held and injoyed fo 4 5. To have hold and enjoy the said Town and all Customs c. fo 5. to the said Mayor and Burgesses and their Successors to their use for ever to be holden in Fee farm rendring the antient Fee farm of 100 li. at Michaelmas onely fo 6. and that they may have all such Liberties Customs c. without the let of any one c. fo 7. C The said Queen granteth that the Mayor ten Aldermen and Sheriff of the said Town c. and other Four and twenty of the more discreet and honester Burgesses of the said Town c. may chuse the Mayor and other Officers of the said Town within five daies after the choyse and oath taken by the Mayor fo 7 8. which said Mayor and the other twenty four Burgesses in all thirty six shall be at all times then after the common Councel of the said Town fo 9. and shall have power in making Laws c. fo 10 for the good Government of the said Town c. fo 11. and for the good government of the Markets and Fairs within the said Town and limits thereof c. and for the Declaration by what means the Ministers Officers and Artificers of the said Town and their Factors Servants and Apprentices in their Trades c. fo 12. and also for their better preservation letting and setting of their Lands Tenements c. And that the Mayor and Common Council of the said Town or the greater part of them whereof we will the Mayor and six Aldermen thirteen being seven to be c. as often as they shall make such Laws c. and such pains punishments penalties or imprisonment of bodies or by fines c. fo 14. upon all Delinquents contrary to such Laws c. as shall be necessary for keeping fo 15. of the said Laws c. and to have and retain the said Fines c. to their own use c. fo 16. so that the same Laws c. be not repugnant to the Laws of the Kingdom of England fo 17. D And further the said late Q. granteth that the election of the Mayor Recorder Aldermen Common-Council and all other Officers and Ministers to be chosen c. shall in every year be upon Monday next after Michaelmas day fo 18. honest men and Burgesses of the twelve Societies lawfully chosen in the accustomed place to wit Drapers Mercers c. fo 19. and that they name and present two honest men of every mystery c. being twenty four in number being sworn that they or the greatest part of them shall chuse and name the Mayor fo 21. the 22 23 24 25 26 27. leaves are concerning the chusing of the Mayor the Sheriff of two Coroners one Clerk of the Chamber who shall administer an oath to the Marriners and Masters of ships at the Port of Newcastle and in the same manner and the same day yearly may name eight other Burgesses c. fo 28. to be Chamberlains of the same Town and one Sword-bearer before the Mayor and eight fo 29. Serjeants of the Mace and one Recorder fo 31. and there shal be twenty four Electors for one year fo 31 32. new election of Aldermen dying or being deposed fo 33. and the Alderman newly chosen shall be Alderman during life fo 34. Officers chosen by the Mayor under their common Seal shall be admitted to their places fo 35 36 37. To fine such as refuse to hold their places upon election fo 38. the said fine not to exceed 200 Marks fo 39 40. 41. The like for the Sheriff fo 42 43 44 45 46. or if any Officer save the Recorder die within the year then to chuse another fo 47 48 49. And if the Recorder die within one year next after his election or be removed from or leave his Office c. then to chuse another fit person learned in the Laws albeit not a Burgess in his place c. fo 49 50 51. And if the Mayor of the said Town be deposed removed or die
exposing upon Land-Merchandizes from parts beyond the Seas and concerning Customes and Sweet-Wines and there it was enacted amongst others for and concerning fo 94. the loading or unloading in or from any Ship or other Vessel any Goods Wares or Merchandizes against the said Act c. or to the late Queen due and forfeited by vertue of the said Acts and all the Goods and Chattels Lands and Tenements of the said Mayor and Burgesses c. being the foresaid penalties and forfeitures c. fo 95. Now followeth the Charter of the Free Hoast-men of Newcastle K Moreover the Q. grants to the said Mayor Burgesses and to every Subject subjects of hers her Heirs Successors Inhabitants Burgesses of the said Town commonly called Hoast-men in every season fitting and hours accustomed the Customes and Subsidies and other profits to the said Queen her Heirs and Successors due to be paid and to the Customers and fo 96. Collectors of the said Queen and Successors agreeing thereupon to be charged or discharged shipped or unshipped Pit-coals Grind-stones Rub-stones and Whet-stones near Newcastle c. such Ship Vessel c. was of such a capacity or for any other reasonable cause that they could not fitly apply to Newcastle that then in such case the Mayor and Burgesses of the said Town as their servants c. fo 97. might and may load and unload such ship and ships vessel and vessels with Coals and Stones abovesaid in their Port between Sparhawk and Newcastle being distant by estimation not above seven miles And further the Queen willeth fo 98. and commandeth the said Mayor and Burgesses c. and their Successors and every Subject and Subjects of her her Heirs and Successors Inhabitants of the said Town called Hoastmen that they the same ships being of such a capacity that they cannot fitly sail to the Town of Newcastle to charge and discharge themselves of Coals and Stones fo 99. so nigh Newcastle as conveniently may be done without fraud c. and that under the pain of one hundred shillings to be levied for the Queens use her Heirs and Successors to be forfeited for every ship or vessel so charged or discharged contrary to the true intention mentioned in the said Letters Pattents and for that the Queen willeth that the Mayor Burgesses and Inhabitants of the said town c. fo 100. being Burgesses may serve the Queen and her Successors with more commendable service and may furnish the Queen c. with Mariners more cheerfully in our greatest wars as we have heard they have done in times past and for that the said Town hath been a faithfull fortresse and defence fighting against the Rebels in times past and hath behaved it self most dutifully to us and to our Progenitors c. fo 101. resisting the said Rebels The Queen therefore giveth and granteth to the Mayor Burgesses and their Successors all the Felons goods unto themselves and of Fugitives convicted and attainted and of Out-lawed persons c. fo 102. L And whereas the Town of the Newcastle upon Tyne is a Town of Merchants a Mart or Market of great fame and stuffed with a multitude of Merchants dwelling therein and of others as well home-bred thither flowing and there expecting their Trade of Merchanting and thereupon it is necessary to order and establish a certain Order within the said Town fo 103. and the speedy recovery of Debts to Merchants c. due according to the Statute of Acton Burnel c. The Queen granteth fo 104. to the Mayor and Burgesses and their Successors that the Mayor for the time for ever thereafter shall have power together with the Clerk to that end ordained to take Recognizances according to the form of the Statute of Acton Burnel and of the Statute of Merchandize made in Parliament in the time of King Edward the first and that there shall be a Clerk in the same Town which shall be called the Clerk of the Queen her Heirs and Successors to take Recognizances of Debts according to the said Statute fo 105. The Queen appoints William Jackson Gentleman to be her first and then modern Clerk for taking Recognizances of Debts within the said Town to enjoy the same during his life and after his death the Mayor and Burgesses c. fo 106. are impowred to prefer to the said Office fo 107. another of the Burgesses of the said Town to be the Queens Clerk as before and to continue so long as it should please the Mayor c. fo 108. And shall have a Seal in two peeces for sealing the said Recognizances and the Mayor to have the custody of the greater peece and the Clerk fo 109. shall have the custody of the lesser peece of the said Seal c. So that if a Merchant or any other shall be made a Debtor he may come before the Mayor and Clerk of Recognizances and before them acknowledge his Debt and day of payment fo 110. And the said Mayor and Clerk may do and dispatch all other things which by the Statute aforesaid are requisite c. fo 111. The said Clerk is to have such Wages Fees Rewards and Emoluments for the execution of the said Office as any other Mayor of any other Town or City in England c. fo 112. lawfully and of right hath or receiveth c. fo 113. M The Queen granteth by the said Charter to the Mayor and Burgesses and to their Successors and to the Inhabitants of the said Town that they be quiet and discharged fo 113. of Toles Passages Poundage Murage Chimage Paunage Lastage Stallage Carriage Picage Tronage Hidage and Wharsage for their Goods and Merchandizes as well by Land as by Sea as well in Fares as in Markets and all secular Customs over the Queens Lands on this side and beyond the Seas c. fo 114. The Queen further granteth to the said Mayor Burgesses and their Successors that they shall have for their publick use all and singular such like Toles and all other Customs Toles Profits and Advantages in Fares and Markets holden and to be holden within the said Town and any other times whatsoever by themselves fo 115. to be levied and gathered and to be expended to and for the use of the said Mayor and Burgesses and their Successors c. and the said Queen forbiddeth that any man disturb them c. fo 116. N The said Queen also grants to the said Mayor and Burgesses and their Successors that no Merchant Stranger from the liberty of the said Town of Newcastle may sell to any Merchant Stranger any their merchandizes within the said Town except Victuals and besides in Markets and Fares to be holden within the said Town and limits thereof nor such Merchant Stranger may buy any Merchandizes except and besides as it before excepted fo 117. of any Merchant Stranger within the same Town and liberty thereof other than in gross upon pain and
the Council for aâ— explananation upon some of the said two and twenty Articles and for further power for the preservation of the said River especially upon the one and twentieth Article to whom the bonds should be made It was Ordered to the Mayor for the time being c. B Also prayed resolution who should repair and mantain the Ballast shoars and Coal-Wharf as is exprest in the nineteenth Article Ordered that as well the Owner as the Tenant be bound to such reparation during the time use was made thereof and onely the Owners afterwards They also humbly craved their resolutions of the sixth Article and twelfth Article who should be at the charge of cleansing the River of the Ballast and pay the Watchmen c. It is Ordered that the Town-chamber defray both the one and the other by reason they receive the profits of the River c. See Chap. 12. 6 Chap. 34. 39. 49. C They also prayed the resolution of the eighth Article for the punishing of Masters of Ships It was Ordered that the Commissioners should take bond * with sufficient Sureties to appear before the Council to answer their contempt and to such as refuse to give bond then the Commissioners to commit them to prison till they give Sureties to answer at London c. See Chap. 41. C Ordered that the Commissioners shall have power for ordering the Wharf and new shoars in every place in that River after they are once erected as well for the strengthning as backing of them with Ballast as with other Earth See chap. 18. F E That the Commissioners there at least shall subscribe every Ticket and the Mayor * for the carrying up of every Keel of Ballast from the ships at Shields to Newcastle ballast shoars for the more faithfull execution of that service See chap. 49. G. * F Ordered that the Commissioners shall have power to order and determine of such rewards as shall be given to every Wherry-man or Fisher-man * or other that shall truly present any offence or offenders against any of the Articles prescribed to be taken out of such Fines Muâ—cts and Amerciaments as shall be imposed upon any the Delinquents against the said Articles See Chap. 39. A * G Ordered that the Commissioners shall have power to cause the ballast already become noysome or in any part of the River or like to do hurt from the Land to be removed to a new Wharf or fit place See Chap. 34. A 35. A. B. CHAP. XV. KIng James on the 14. of April in the seventeenth year of his Reign grants unto Alexander Stevenson Esq and his Assigns for fifty years the whole Castle of Newcastle with all Appurtenances thereunto any way belonging at the Rent of forty shillings per annum except the prison wherein is kept the sons of Belial it being the County prison for Northumberland the said Mr. Stevenson dyed and left Mr. Auditor Darel his Executor and left him that Lease it being all he was like to have towards the payment of the said Mr. Stevensons debts which was due to the said Executor and others amounting in the principal to two thousand five hundred pound besides damages which amounted to as much more who is kept from his right by the instigation of the Mayor and Burgesses upon an Inquisition taken the 18. of August in the 18. year of King James at Newcastle It was found to be in Stevenson and now in his Executors the said Stevenson dyed in October 1640. they claiming a right from one widow Langston relict to one John Laugston Groom Porter c. but that Title the Law will quickly decide upon a legal Trial but the County of Northumberland hath the reversion who is kept from having a free passage to the Assizes by the Mayor and Burgesses who shuts up the gates which is the right passage and at such gates which be open the people of Northumberland coming to do their service at the Assizes holden for that County in that Castle are arrested and cast into prison by Newcastle where none can bail them but Burgesses of Newcastle and often thereby such people have their Cause overthrown by such restainment In Easter Term in the 18. year of King James Sir Henry Yelverton Kt Attorny General exhibited an Information against the Mayor and Burgesses concerning the premises above mentioned where all plainly appears amongst other things of the Town not to belong to them c. CHAP. XVI A IN or about the eighteenth year of King James an Information was exhibited in the Star Chamber by the Attorny General against the Mayor and Burgesses of Newcastle by the name of Host-men for that they having the preemption of Coals from the Inheritors in Northumberland and County of Durham by their Charter of free Hoast-men 42 Queen Eliz. * they having the sale of all Coals who force ships to take bad Coals or will not load them with unmarketable Coals being brought for London prove much to the damage of the people Which grief begot great Suits between the Merchants and Masters of ships to their disquieting and high charge upon which this Information was brought against the said Hoast-men for selling of bad and unmerchantable Coals and much Slate amongst them for which they were all fined some 100 li. a peece some more others less being found guilty and ordered to do so no more but it is proved they continue the same to this day See chap. 43. A CHAP. XVII A KIng James upon the 28 of January in the 16 year of his Reign grants the Admiralty of all England c. to the Duke of Buckingham it being surrendred by the Lord High Admiral so that the Title of Newcastle by vertue of the Chrater of the 31 year of Queen Elizabeths Reign is conceived of little force See ch 10. B CHAP. XVIII King Charles The high and Mighty Monarch CHARLES by the grace of GOD King of Great Brittaine France and Ireland P. Stent exâ—udit A SIr Robert Heath Lord Cheif Justice of the Common Pleas was building a Ballast Wharf or Shoar on his own Land at Shields adjoyning upon the River of Tyne seven miles from Newcastle but the Commissioners of Newcastle the Mayor and Aldermen with others obstructed the building thereof pretending it would spoil the River but the Lord Cheif Justice well knowing it to the contrary by the advice of most of the antient Trinity Masters of London other experienced Traders thither went on with the building thereof upon which in the year 1632. the said Mayor and other Commissioners exhibited a complaint to the King and Council against the same at Whitehal complaining that if any Ballast Shoars or Wharfs were built at Shields it would much spoil the River and hinder Trade and Navigation at which there was a legal Tryal it appeared to the contrary the King and Council upon the 13th day of July 1632. Ordered that Sir Robert Heaths Ballast shoar should bee built D In February next the Commissioners
Thorp for her Tobacco who sent for the two Merchants and demanded the reason of their taking away the poor womans Tobacco in the open Market who produced a Warrant from the Mayor who likewise was sent for by name Mr. William Dawson the Judge demanded of him by what power he durst rob people in the Market who replyed Foreign bought and Foreign sold My Lord but command was given by the said Judge to restore the same but after departure it was not then the Judge granted a Warrant for restoring the same upon his going away and when it was shewed the Mayor he snatched it and put it up into his pocket and would not restore the said Tobacco but sleighted the said Warrant See Stat. * 3. Ed. 1. 24. â—1 Ric. 2. 7 27. Ed. 1. 5. 6. Ed. 6. 9. See chap. 49. 51. Eliz. Lumsdel CHAP. XLVIII A LEttice Hume upon her Oath said That no victual or other provisions coming in by Sea for the relief of Northumberland or County of Durham is permitted to be sold at Shields but all is compelled to Newcastle by the Magistrates and there ingrossed after three Market dayes Tuesday Saturday and Tuesday and payes double Tole * in and out pays double rates for the same and that she hath often known Boats and Provisions cast away and peoples lives in going and returning from Shields to Newcastle in stormy weather too and from the Market namely one William Reâ— with others in the year 1650. at the same time and before nor never any Coronor sate upon any of the dead bodies nor young Mr. Snape c. And that greater Rates are given for provisions being bought up by the Towns-men then might be had at the first hand See chap. 11. H 44. I 49. C * Stat. 3. Ed. 1 20. 23. Ed. 3. 6. * Mary Hume Lettice Hume proves the like B Mr. Richard Blewet brother to Commissary Blewet affirms that in or about the year 1649. Rye was at sixteen shillings the Bowl in Newcastle none to be got for the poor but from the Merchant who had bought it all up that the poor being in great want Sir Arthur Haslerigge caused the said Commissary to lay out a thousand pounds of the publick stock upon Rye from the first ships that came and to sell it for the relief of the poor four shillings under the Market which was done B The Merchants of Newcastle proffered to his said brother the Market price for all the corn he had bought which was sixteen shillings the Bowl when they saw the said Commissary sell for eleven shillings per Bowl to the poor and the Commissary was a great gainer at eleven shillings and paid as much as the merchant C And by reason the said Commissary did refuse some of them threatned if ten thousand pounds would break his back in suit for daring to sell Corn in their Town he not being a Free-man it should This Information I had from Mr. Blewet who will make it good upon his Oath when called and from Mr. Nich. Ogle They will neither doe good nor suffer good to be done much like the Dog in a Manger See Stat. 5. 6. Edw. 6. 14. 23. Edw. 3. 6. 2. Edw. 6. 15. 5. Eliz. 12. CHAP. XLIX A WIlliam Reavely of Lyn Master of a ship upon his Oath said That by reason of the ships not casting ballast at Shields above four if not five Voyages are lost in the year compleat B That all provisions brought in by Sea are compelled up to Newcastle and there ingrossed into the Free-mens hands people often going to Market have lost their lives and many starved to death in the two Counties which cannot get to Newcastle market in the Winter season by reason of the great storms of snows and the River frozen and no market allowed for the Countries relief at Shields where many thousand of Passengers Sea-men and Inhabitants are being twelve miles from any market in the fame County C That he this Deponent and ships company hath often been constrained to go to Sea without Bread or Beer none being to be got at Shields on a sudden and have drunk water for above five daies which hath so weakened his men that they were in great danger of their lives And that from Newcastle they often send down dead Beer and the Casks but half or three parts full from the Brewers of the said Town and bread wanting above two pence weight in the shilling and not looked after by the Magistrates D That they the said Mayor and Burgesses of Newcastle aforesaid did ruin one Mr. Johnson and Mr. Hilton for brewing at Shields for the relief of the ships And that they rooked from him this Deponent twelve barrels of beer which he brought from Lyn for the relief of the poor at Shields and made it confiscate Arrested him and cast him into prison sued him and made him enter into sixty pound bond never to bring in any more Also kept a bag of Hops which was sent to a friend in Northumberland and that he hath known them often do the like to others they being Judges Jurors and Witnesses in their own cause E That they take excessive Tole * above a peck of Corn of every Grain brought to be sold by vessels besides all other duties F That the said Magistrates force men to swear against themselves * and will not tollerate any Gentleman to build ballast-Shoars upon their own land G And that he this Deponent hath seen ballast Warrants signed by one of the Magistrates * only for Keels to carry up ballast from Shields and hath seen the Keel-men cast it into the River in the South Road to the Rivers great damages * And often dirt cast into the River by servants brought out of the Gates when no watchmen were kept See ch 39. A 12. 4 14. C 47. B 51. See Sta. 27. Ed. 1. * 51. Hen. 3. 15 * 11. Hen. 7. 4 * 5. 6. Ed. 6. 9 * 3. Ed. 1. 20 * 17. K. Char. * William Reavely G Hugh Farrow of Lyn Master of a ship upon his Oath said that he and his ships company having lyen so long at Shields for a fair wind with the fleet that when they had spent all their provisions at no time could obtain any from Shields by reason obstructed by the Magistrates And having sent up his boat and some of his men for some at Newcastle the wind came fair and on a sudden the ships all set sail to Sea So that he this Deponent must loose the protection of the fleet and hazard himself to the mercy of the Enemy or must leave his men and boat behind which the latter he did and was constrained to drink stinking water for four daies for want of Beer which might be conveniently got at Shields And he was in greater danger of loosing his ship for want of his men Hen. Farrow CHAP. L. A IO Gardener of London upon her Oath said That within this seven and twenty years or
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.
Moor and Lands in aid of the payment of their said Fee-farm without impeachment c. As by the said Letters Pattents made by the King himself and his Council and by the Fine of forty shillings paid in the Hamper more at large appeareth By these last mentioned Letters Pattents the Burgesses of Newcastle can challenge no title in the said Castle-moor and Castle-field because the said Letters Pattents are contrary in themselves This is the first claim the said Burgesses lay to the Castle-moor being a quantity of eight hundred and fifty Acres of ground besides Pasture for all their Kine and Coals for all their Fuel which are gotten upon the said Castle-moor CHAP. VI. KIng Richard the Second by his Charter dated the ninth day of April in the first year of his Reign 1378. confirms all the former Charters and Grants to the Town of Newcastle the same priviledge as granted before in diging of Coals Slait and Stone in Castle-field and Castle-moor but doth not grant the Land onely the Coals Slait and Stone for the Towns best advantage CHAP. VII KIng Henry the Fourth being humbly petitioned by the Burgesses of Newcastle that his Highnesse would be graciously pleased to divide the Town and Corporation from the County of Northumberland and to grant them a Sheriffe with more Liberties and Immunities which was granted that the Corporation of Newcastle shall be a distinct County of it self dis-joyned from the County of Northumberland and not to meddle in the said new County as by the Charter more at large appears upon Record in the Tower of London 7. Ed. 6. 10. 1. Mary 3. This was a preparative for the Town of Gates-head c. CHAP. VIII A QUeen Elizabeth obtained a Lease from the late Bishop of Durham dated the 26. of April in the 24. year of her Reign 1582. of all the whole Mannors of Gates-head and Wickham and all the Coal-pits and Coal-mines within the said Mannors of Gates-head and Wickham aforesaid and in all the common Wasts and Parks belonging to the said Mannors at the Rent of ninety pounds per Annum or thereabouts for ninety nine yeers which the Earle of Leicester procured from the said Queen and sold or gave the same to Sutton of the Charter-house who for twelve thousand pounds as is reported sold the same to the Mayor and Burgesses of Newcastle but when he understood the yearly value which was worth at least fifty thousand pounds per Annum attested by Doctor Cradock sometimes Arch-deacon of Northumberland deceased this Lease being called the Grand Lease was granted to Sir William Readal and others for the use of the Mayor and Burgesses and free honest men and expires the 26. of April which shall be in the year of our Lord 1681. as appears in the 11. Chap. I 7. Edw. 6. 10. CHAP. IX A QUeen Elizabeth requires the great Arrear of two pence per Chaldron which was granted to King Henry the Fifth as Custome by the Parliament as appears by that Statute Chapter the tenth ninth yeer which was neglected to be paid unto the Crown by the Mayor and Burgesses for many yeers together insomuch as they were not able to pay the same but humbly beseeched those Arrears may be forgiven by reason of their inability And to grant them a Charter to incorporate a new fraternity or brother-hood to be called Free Host-men for the selling and vending of all Coals to shipping And in consideration thereof they would pay to her Majesty and her successors twelve pence for every Chalder exported from thenceforth to the free people of this Nation The Queen conceiving that twelve pence upon every Chalder would be better for the future and well paid would rise to a greater Revenew then the two pence so long in arrear could endamage which was granted upon condition specified in that Grant remaining in the Exchequer with many seals to it That they should sell all Coals to Masters of Ships At this day the Fitters reckon with the Masters for so much a Chalder as eleven shillings for so many as is conceived to be aboard the Ship and then he goeth with the Master to reckon which the said Masters payes the one shilling per Chalder Custome being allowed in his hand the Master conceives he doth not pay it further then being left in his hand by the Fitter but if the Masters will look upon that Lease they will find they are to have the best Coals for ten shillings and the worst for nine shillings the Chaldron at most and now they pay eleven shillings by which means the one shilling per Chaldron is paid by the Master and not by the Host man and so falls upon the whole Nations back I refer you further to the Lease for if the Master buy dear he must needs sell dear B By the same fallacy they wronged the King of his Customes 9. Hen. 5. 10. which plainly appears in that Statute if you please to read it the same they have to cheat the Queen and her Successors for the twelve pence per Chaldron CHAP. X. A QUeen Elizabeth being humbly intreated by the Mayor and Burgesses of Newcastle that her Majesty would be graciously pleased to grant them a Charter of Liberties concerning Sea-jurisdiction and of Admiralty in that Port to wit between Sparhawk in the Sea and Hadwyn streams being fourteen miles in length for the advance of the estate of that Town which also was granted as follows B The Queen by her Letters Pattents dated the thirtieth day of August in the one and thirtieth year of her Reign touching the Office of the High Admiralty of the River of Tyne and Port of Newcastle grants the Reversion to the Mayor and Burgesses of Newcastle by reason it was granted under the Great Seal of England bearing date the fifth of February 1522. unto Charles Lord Howard of Effingham amongst other things in his said Pattent in the Office of Lord High Admiral of England c. for life who out-lived the Queen and dyed 26. January in the sixteenth year of King James the Mayor and Burgesses pretending they had right thereunto from King Henry the sixth which if they had was extinguished upon the Queens grant to the High Admiral c. And by this grant of hers to Newcastle she onely grants what is in her to grant which is onely the Reversion after the surrender forfeiture or death of the aforesaid Lord High Admiral but she dying before the Lord High Admiral it is conceived her grant is void And it was never since confirmed by any other to the said Mayor and Burgesses for King James upon the 28 of June in the sixteenth year of his Reign two dayes after the Lord High Admiral died The Commission or Letters Pattents of the Admiralty of England was conferred upon the Duke of Buckingham so that Newcastle by this change hath but a slender pretence of Right to the Admiralty of that part of Newcastle C The said Corporation humbly