Moor and Lands in aid of the payment of their said Fee-farm without impeachment c. As by the said Letters Pattents made by the King himself and his Council and by the Fine of forty shillings paid in the Hamper more at large appeareth By these last mentioned Letters Pattents the Burgesses of Newcastle can challenge no title in the said Castle-moor and Castle-field because the said Letters Pattents are contrary in themselves This is the first claim the said Burgesses lay to the Castle-moor being a quantity of eight hundred and fifty Acres of ground besides Pasture for all their Kine and Coals for all their Fuel which are gotten upon the said Castle-moor CHAP. VI. KIng Richard the Second by his Charter dated the ninth day of April in the first year of his Reign 1378. confirms all the former Charters and Grants to the Town of Newcastle the same priviledge as granted before in diging of Coals Slait and Stone in Castle-field and Castle-moor but doth not grant the Land onely the Coals Slait and Stone for the Towns best advantage CHAP. VII KIng Henry the Fourth being humbly petitioned by the Burgesses of Newcastle that his Highnesse would be graciously pleased to divide the Town and Corporation from the County of Northumberland and to grant them a Sheriffe with more Liberties and Immunities which was granted that the Corporation of Newcastle shall be a distinct County of it self dis-joyned from the County of Northumberland and not to meddle in the said new County as by the Charter more at large appears upon Record in the Tower of London 7. Ed. 6. 10. 1. Mary 3. This was a preparative for the Town of Gates-head c. CHAP. VIII A QUeen Elizabeth obtained a Lease from the late Bishop of Durham dated the 26. of April in the 24. year of her Reign 1582. of all the whole Mannors of Gates-head and Wickham and all the Coal-pits and Coal-mines within the said Mannors of Gates-head and Wickham aforesaid and in all the common Wasts and Parks belonging to the said Mannors at the Rent of ninety pounds per Annum or thereabouts for ninety nine yeers which the Earle of Leicester procured from the said Queen and sold or gave the same to Sutton of the Charter-house who for twelve thousand pounds as is reported sold the same to the Mayor and Burgesses of Newcastle but when he understood the yearly value which was worth at least fifty thousand pounds per Annum attested by Doctor Cradock sometimes Arch-deacon of Northumberland deceased this Lease being called the Grand Lease was granted to Sir William Readal and others for the use of the Mayor and Burgesses and free honest men and expires the 26. of April which shall be in the year of our Lord 1681. as appears in the 11. Chap. I 7. Edw. 6. 10. CHAP. IX A QUeen Elizabeth requires the great Arrear of two pence per Chaldron which was granted to King Henry the Fifth as Custome by the Parliament as appears by that Statute Chapter the tenth ninth yeer which was neglected to be paid unto the Crown by the Mayor and Burgesses for many yeers together insomuch as they were not able to pay the same but humbly beseeched those Arrears may be forgiven by reason of their inability And to grant them a Charter to incorporate a new fraternity or brother-hood to be called Free Host-men for the selling and vending of all Coals to shipping And in consideration thereof they would pay to her Majesty and her successors twelve pence for every Chalder exported from thenceforth to the free people of this Nation The Queen conceiving that twelve pence upon every Chalder would be better for the future and well paid would rise to a greater Revenew then the two pence so long in arrear could endamage which was granted upon condition specified in that Grant remaining in the Exchequer with many seals to it That they should sell all Coals to Masters of Ships At this day the Fitters reckon with the Masters for so much a Chalder as eleven shillings for so many as is conceived to be aboard the Ship and then he goeth with the Master to reckon which the said Masters payes the one shilling per Chalder Custome being allowed in his hand the Master conceives he doth not pay it further then being left in his hand by the Fitter but if the Masters will look upon that Lease they will find they are to have the best Coals for ten shillings and the worst for nine shillings the Chaldron at most and now they pay eleven shillings by which means the one shilling per Chaldron is paid by the Master and not by the Host man and so falls upon the whole Nations back I refer you further to the Lease for if the Master buy dear he must needs sell dear B By the same fallacy they wronged the King of his Customes 9. Hen. 5. 10. which plainly appears in that Statute if you please to read it the same they have to cheat the Queen and her Successors for the twelve pence per Chaldron CHAP. X. A QUeen Elizabeth being humbly intreated by the Mayor and Burgesses of Newcastle that her Majesty would be graciously pleased to grant them a Charter of Liberties concerning Sea-jurisdiction and of Admiralty in that Port to wit between Sparhawk in the Sea and Hadwyn streams being fourteen miles in length for the advance of the estate of that Town which also was granted as follows B The Queen by her Letters Pattents dated the thirtieth day of August in the one and thirtieth year of her Reign touching the Office of the High Admiralty of the River of Tyne and Port of Newcastle grants the Reversion to the Mayor and Burgesses of Newcastle by reason it was granted under the Great Seal of England bearing date the fifth of February 1522. unto Charles Lord Howard of Effingham amongst other things in his said Pattent in the Office of Lord High Admiral of England c. for life who out-lived the Queen and dyed 26. January in the sixteenth year of King James the Mayor and Burgesses pretending they had right thereunto from King Henry the sixth which if they had was extinguished upon the Queens grant to the High Admiral c. And by this grant of hers to Newcastle she onely grants what is in her to grant which is onely the Reversion after the surrender forfeiture or death of the aforesaid Lord High Admiral but she dying before the Lord High Admiral it is conceived her grant is void And it was never since confirmed by any other to the said Mayor and Burgesses for King James upon the 28 of June in the sixteenth year of his Reign two dayes after the Lord High Admiral died The Commission or Letters Pattents of the Admiralty of England was conferred upon the Duke of Buckingham so that Newcastle by this change hath but a slender pretence of Right to the Admiralty of that part of Newcastle C The said Corporation humbly
any difficulty and the whole Realm was sworn thereunto And soon after subtlely and privately sends to the Pope and other Nations for Armies to make void those Charters and Liberties granted to the Barons and to subdue England and promised them great rewards Forty thousand Souldiers that were to have Norfolk and Suffolk to conquer England for King John were all cast away on the Sea The Pope sends in great strength who landed at Dover and destroyed many Towns by fire and with the sword slew many thousands of people the Pope excommunicating the Barons particularly by their names great subversion and dissolution thereupon fell laying all Hedges and Ditches level tormenting the Barons with their wives c. L The Barons were necessitated to send for Lewis Son to the King of France for to come with an Army to joyn with them to conquer King John whose cruelties were intollerable which was done and King John overthrown and forced to flee towards Lin being poysoned by a Monk at Swinsted the reason he gave was that if he had lived half a year longer a half penny loaf would cost 20 s. he died and was buried at Worcester and King Henry the third Son to King John of nine years of age was crowned at Glocester c. M The reason of King John his granting Charters in England and making Corporations was for that he had but little land to raise great Rents from them and to assist him with strength by out-voting the Knights of M the Shires as is hereafter exprest For all Free-holders of England that had forty shillings a yeer met two times a yeer at Sessions Meadows neer Rockingham Castle in Northampton-shire and there made such Laws as the Nation was governed by and confirmed by the King N King John resolving to have Monies and Aid of men to go to Normandy to conquer them could not conveniently motion it by reason of the numerousnesse of the Free-holders but made a speech to them that he had contrived a very â—it and convenient way for the making Laws for the good of the whole Nation which was that by reason he conceived it a great trouble for all them to come so far for that purpose onely to make Laws that they would chuse two Knights of every Shire and County in England and Wales and give to them the full power of the Nation and then the said Knights to come and fit with him in Parliament at Westminster and also to allow them four shillings a day out of the County stock which more plainly appears in the Statute of 35. Hen. 8. Ch. 11. Knights to have 4 s. per diem and Burgesses 2 s. per diem O King John when he had got the hundred and four Knights in Parliament they having the full power of the Nation from the Free-holders immediately required from them great Subsidies and Armies to go for Normandy to recover such Lands as he had lost P The Knights answered they onely were intrusted to make Laws and not to taxe the Free-holders who had intrusted them and not to raise Armies and that by so doing they could not discharge the trust reposed in them Q The King finding his expectation frustrated having nothing doubted but to have wrought his design on so small a number Mastered his passion and not long after acquainted the Knights that he was sorry for the great burden which lay upon them for making Laws being for a publick and that they were too few in number and that he had found out a way how to ease them and bring in a great revenew to free the Nation from impositions R Which was that he resolved to Incorporate all the great Towns in England and Wales and depute Magistrates to govern as his Lieutenants and every Corporation should hold their Town in Fee-Farm from him and his heirs at a certain Rent some more others lesse according to the quality c. S Also that every Corporation should chuse two Burgesses to â—it and vote with them in Parliament they knowing the state of every County and the Burgesses of the Corporation by which means the Burgesses being more in number then the Knights might out-vote them and vote for him the Knights medled not therein at all but were out-voted by these Vassals and Tenants to the King they granting to him what ever he demanded or else must forfeit their Charters And he granted to them what ever they demanded c. T The Free-holders of England were represented in Parliament by their Knights in their Election And if the Burgesses were Free-holders then represented in the same Knights V But if the Burgesses were no Free-holders then no power in England to make Laws or to â—it in Parliament to out-vote the true Representative which are the Knights especially representing no body further then the will of the King who was onely to confirm Laws but not to make them King John had four considerations in making great Towns Corporations 1 To assume â— Prerogative 2 To raise vast sums of Mony 3 To divide the Nation 4 To enslave bodies Corporate by being his Vassals and Slaves Charters are no Laws and nothing is binding that is not lawful no Laws are made but by Parliament read Stat. 2. Edw. 3. 8. CHAP. II. Newcastles first Charter A KIng John by his Letters Pattents dated the day of in the fourteenth yeer of his Reign and in the Yeer of our Lord 1213. Granted Demised and Confirmed to the honest men of the Newcastle upon Tyne and to their Heirs his Town of Newcastle upon Tyne with all the Appurtenances to Fee-farm for one hundred pounds to be â—endred to the said King and his Heirs at his Exchequer to wit at the Feast of Eaâ—ter fifty pounds and at the Feast of St. Michael other fifty pounds saving to the said King the Rents Prizes and Assizes in the Port of the said Town Further he grants to them and confirmeth one hundred and ten shillings and six pence of Rent which they have by the gift of the said King in the said Town of Escheats to be divided and assigned to them who lost their Rents by occasion of a Ditch or Trench and of the new work made under the Castle towards the River or Water so that thereof they might have the more that lost the more and they that lost the lesse should have the lesse He also granted to them for him and his Heirs that in nothing they should be answerable to the Sheriffe nor to the Constable for those things which belong to them as the said Charter testifieth Wherefore he willeth and firmly commandeth that the said men and their Heirs may have and hold the same Town with its Appurtenances to Fee-farm for the said hundred pounds yeerly to be paid as is aforesaid well and in peace freely quietly and intirely with all Liberties and free Customes which they were wont to have in the time of King Henry the 2. Father of the said King
John as by the said Letters Pattents appeareth The said King John was the cause of burning Morpeth the chief Town in Northumberland and many more Towns in Wales because of the enmity between him and the family of the Bruces who originally were planted in Wales Wherefore the said Charter made by the said King John to the said honest men of Newcastle upon Tyne cannot be valid in Law because in the fourteenth year of his Reign he subjected himself to be a Vassal to the Pope of Rome as is aforesaid and for many other reasons mentioned in the said Charter it self considered in themselves In this Charter of King John that he grants to the honest men of Newcastle upon Tyne he mentions not the Port of the River of Tyne from Sparhawk at Tinmouth-Bar upon the Sea to Hadwyn streams above Newburn in Northumberland neither is there so much as one syllable whereby the said King grants to them the two third parts of the said River or any of the Fishing between the said places c. CHAP. III. A KIng Henry the Third being earnestly supplicated by the good men of Newcastle to confirm King Johns Charter which was done upon the second day of July in the year of our Lord 1234. the said King Henry did not inlarge their jurisdiction at all but onely grants them the Charter in the very same words as King John had in his Charter granted B King Henry the Third by his Letters Pattents under the Great Seal of England dated at Westminster the first day of December in the three and twentieth year of his Reign upon the good men of Newcastles supplication thought it fit to give them Licence to dig Coals and Stones in the common Soil of that Town without the walls thereof in the place called Castle-field and the Frith and from thence to draw and convert them unto their own profit in aid of their said Fee-farm Rent of a 100 â— per Annum and the same as often as it should seem good unto them the same to endure during his pleasure which said Letters Pattents were granted upon payment of twenty shillings into the Hamper nothing more was given neither Lands c. but only to work the Coals during pleasure for their own use C King Henry the Third was petitioned again by the same honest men for so they were called by King Johns Charters probi homines That his Majesty would be graciously pleased to give them all the Stone and Coals in a place called the Frith adjoyning to the former the better to enable them to pay their Fee-farm Rent which also was granted paying forty shillings per Annum into the Hamper upon the eleventh of May in the one and thirtieth yeer of his Reign All which Coals and Stones have do and will amount to many thousands of pounds yet no land above the said Coals was granted unto them CHAP. IV. A KIng Edward the First in the Nineteenth yeer of his Reign was supplicated by the good men of Newcastle to grant them a sum of money and a Licence for the building of a Wall round the Town on which Wall one of the Mayors of Newcastle was hanged as by the Record of the Registery appears That two third parts of the River of Tyne from Sparhawk to Beadwyn shelves were in this Kings hands And for such Lords as held any Fishings on the South-side of the said River of Tyne which went to the Mid-stream they were meer intruders of one sixt part more then was their own for whereas they were to have had but one third part they claimed half B And that this King gave Licence to build a Wall about the Town of Newcastle and gave mony towards this wall which was not bestowed C And that divers purpreslures were then incroached upon by the good men of the Town of Newcastle upon the Moat of the Newcastle built by William Rufus adjoyning thereunto And to the end that the then Sheriffe of Northumberland might present these incroachments into the Chancery whereby to discover their unjust dealing and intrusion upon the said Moat of the said Castle they the said good men gave to him the said Sheriffe a gift or bribe of ten Marks that he might not vex them as by the said Record more at large appears c. CHAP. V. THe said King Edward the Third by his Letters Pattents dated at Westminster the tenth day of May in the one and thirtieth yeer of his Reign confirms all former Charters with an addition of his own that he for himself and his Heirs Granted Demised and Confirmed unto his honest men of the Town of the Newcastle upon Tyne his Town of Newcastle before called Manchester with all its Appurtenances for a hundred pound per Annum to be paid to the said King and his Heirs c. Which he the said King confirms to the said men and Burgesses and to their Heirs for ever And because on the behalf of the said Burgesses of the said Town it was humbly supplicated to the said King That whereas the said Moore and Lands called Castle-fields and Castle-moor on the North-side of the said Town of Newcastle from a certain place called Ingler Dike c. as the same are butted and bounded c. even to the said Town of Newcastle are the lands and soil of the said Town of Newcastle belonging to the same beyond memory with all profits coming of the said Lands Moor and Soil as by an Inquisition thereof taken and returned into the Chancery appeareth And albeit the said Burgesses and their Predecessors from the time they have had the said Town to farm they have held the said Moor and Land as though it were appertaining to the said Town and have alwayes hitherto peaceably and quietly had and reaped all the profits coming of the said Moor and Lands yet the said Burgesses now they are turned from honest men to Burgesses the next will be to For that there is no mention made of the said Moor and Lands albeit they be of the Appurtenances of the said Town do fear that they may be impeached afterwards and for that the said Town as well by reason of the last Pestilence at that time as by the hazards of Wars and divers other adversities was so impoverished and destitute of men that the profits of the said Town sufficed not for the payment of the said Farm as they then pretended The said King being willing to provide for their indempnity in that behalf and for him and his Heirs granted that they and their Heirs might have and hold the same Moor and Soil as if it were appertaining to the said Town with all profits out of the same c. And that they the said Burgesses and their Heirs in the said Moor and Lands may dig and may have Coal Slaiâ— and Stâ—ne there and from thence may draw them and may make their profit of the said Coals Slait and Stones and other profits coming out of the said
the Council for aâ— explananation upon some of the said two and twenty Articles and for further power for the preservation of the said River especially upon the one and twentieth Article to whom the bonds should be made It was Ordered to the Mayor for the time being c. B Also prayed resolution who should repair and mantain the Ballast shoars and Coal-Wharf as is exprest in the nineteenth Article Ordered that as well the Owner as the Tenant be bound to such reparation during the time use was made thereof and onely the Owners afterwards They also humbly craved their resolutions of the sixth Article and twelfth Article who should be at the charge of cleansing the River of the Ballast and pay the Watchmen c. It is Ordered that the Town-chamber defray both the one and the other by reason they receive the profits of the River c. See Chap. 12. 6 Chap. 34. 39. 49. C They also prayed the resolution of the eighth Article for the punishing of Masters of Ships It was Ordered that the Commissioners should take bond * with sufficient Sureties to appear before the Council to answer their contempt and to such as refuse to give bond then the Commissioners to commit them to prison till they give Sureties to answer at London c. See Chap. 41. C Ordered that the Commissioners shall have power for ordering the Wharf and new shoars in every place in that River after they are once erected as well for the strengthning as backing of them with Ballast as with other Earth See chap. 18. F E That the Commissioners there at least shall subscribe every Ticket and the Mayor * for the carrying up of every Keel of Ballast from the ships at Shields to Newcastle ballast shoars for the more faithfull execution of that service See chap. 49. G. * F Ordered that the Commissioners shall have power to order and determine of such rewards as shall be given to every Wherry-man or Fisher-man * or other that shall truly present any offence or offenders against any of the Articles prescribed to be taken out of such Fines Muâ—cts and Amerciaments as shall be imposed upon any the Delinquents against the said Articles See Chap. 39. A * G Ordered that the Commissioners shall have power to cause the ballast already become noysome or in any part of the River or like to do hurt from the Land to be removed to a new Wharf or fit place See Chap. 34. A 35. A. B. CHAP. XV. KIng James on the 14. of April in the seventeenth year of his Reign grants unto Alexander Stevenson Esq and his Assigns for fifty years the whole Castle of Newcastle with all Appurtenances thereunto any way belonging at the Rent of forty shillings per annum except the prison wherein is kept the sons of Belial it being the County prison for Northumberland the said Mr. Stevenson dyed and left Mr. Auditor Darel his Executor and left him that Lease it being all he was like to have towards the payment of the said Mr. Stevensons debts which was due to the said Executor and others amounting in the principal to two thousand five hundred pound besides damages which amounted to as much more who is kept from his right by the instigation of the Mayor and Burgesses upon an Inquisition taken the 18. of August in the 18. year of King James at Newcastle It was found to be in Stevenson and now in his Executors the said Stevenson dyed in October 1640. they claiming a right from one widow Langston relict to one John Laugston Groom Porter c. but that Title the Law will quickly decide upon a legal Trial but the County of Northumberland hath the reversion who is kept from having a free passage to the Assizes by the Mayor and Burgesses who shuts up the gates which is the right passage and at such gates which be open the people of Northumberland coming to do their service at the Assizes holden for that County in that Castle are arrested and cast into prison by Newcastle where none can bail them but Burgesses of Newcastle and often thereby such people have their Cause overthrown by such restainment In Easter Term in the 18. year of King James Sir Henry Yelverton Kt Attorny General exhibited an Information against the Mayor and Burgesses concerning the premises above mentioned where all plainly appears amongst other things of the Town not to belong to them c. CHAP. XVI A IN or about the eighteenth year of King James an Information was exhibited in the Star Chamber by the Attorny General against the Mayor and Burgesses of Newcastle by the name of Host-men for that they having the preemption of Coals from the Inheritors in Northumberland and County of Durham by their Charter of free Hoast-men 42 Queen Eliz. * they having the sale of all Coals who force ships to take bad Coals or will not load them with unmarketable Coals being brought for London prove much to the damage of the people Which grief begot great Suits between the Merchants and Masters of ships to their disquieting and high charge upon which this Information was brought against the said Hoast-men for selling of bad and unmerchantable Coals and much Slate amongst them for which they were all fined some 100 li. a peece some more others less being found guilty and ordered to do so no more but it is proved they continue the same to this day See chap. 43. A CHAP. XVII A KIng James upon the 28 of January in the 16 year of his Reign grants the Admiralty of all England c. to the Duke of Buckingham it being surrendred by the Lord High Admiral so that the Title of Newcastle by vertue of the Chrater of the 31 year of Queen Elizabeths Reign is conceived of little force See ch 10. B CHAP. XVIII King Charles The high and Mighty Monarch CHARLES by the grace of GOD King of Great Brittaine France and Ireland P. Stent exâ—udit A SIr Robert Heath Lord Cheif Justice of the Common Pleas was building a Ballast Wharf or Shoar on his own Land at Shields adjoyning upon the River of Tyne seven miles from Newcastle but the Commissioners of Newcastle the Mayor and Aldermen with others obstructed the building thereof pretending it would spoil the River but the Lord Cheif Justice well knowing it to the contrary by the advice of most of the antient Trinity Masters of London other experienced Traders thither went on with the building thereof upon which in the year 1632. the said Mayor and other Commissioners exhibited a complaint to the King and Council against the same at Whitehal complaining that if any Ballast Shoars or Wharfs were built at Shields it would much spoil the River and hinder Trade and Navigation at which there was a legal Tryal it appeared to the contrary the King and Council upon the 13th day of July 1632. Ordered that Sir Robert Heaths Ballast shoar should bee built D In February next the Commissioners
15. King Edward the first for as much as Sheriffs and others which have taken and kept in prison persons detected of Felony and Incontinent have let out by Plevyn such as were not replevisable and kept in persons such as were replevisable because they would win of the one party and grieve the other It is ordained That if any Sheriffe or any other which hath the keeping of prisons let any go at large by Surety that is not replevisable and thereof be attainted he shall lose his Fee and Office for ever And if the Under-Sheriffe Constable or Bayliff of such who have Fees for keeping of prisons do it contrary to the will of his Lord or any other Bayliffe being not of Fee they shall have three years imprisonment and make Fine at the Kings pleasure And if any man withhold a prisoner replevisable after that they have offered sufficient surety he shall pay a grievous Amerciament to the King and if he take any reward for the deliverance of such he shall pay it double to the prisoner and also shall pay a grievous Amerciament to the King See Stat. 27. Edw. 1. 3. Stat. 3. Hen. 7. 2. the first and second Philip and Mary 13. See 30. Chap. B 37. Chap. A. 41. Chap. A. Extortion in Officers B Stat. 3. Ed. 1. 26. The King ordains that none of his Officers shall commit extortion neither Sheriffe nor other shall take reward to do his Office but shall be paid of that which they take of the King and he that so doth shall pay or yeeld two times as much and shall be punished at the Kings pleasure See Stat. 23. Hen. 6. 10. Outragious Tole C Stat. 3. Edw. 1. 30. The King Ordains that such who takes outragious Tole contrary to the common custome of the Realm in Market-Towns by the Lord then the Franchizes of the said Market to be seized into the Kings hand and if it be in the Kings Town which is let in the Farm the Franchizes to be seized in the Kings hand And if it be done by a Bayliffe without consent of his Lord he shall restore double and shall have forty dayes imprisonment touching Citizens and Burgesses to whom the King granted Murrage to inclose their Towns * which takes such Murrage otherwise then it was granted unto them and thereof be attainted it is provided that they shall lose their Charter or Grant for ever and shall be grievously amerced unto the King See 44 Edw. 3. fo 20. 43. Edw. 3. fol. 29. fit N. B. fo 94. See 11. Chap. H. 44. I. 49. C 48. A. Persons attached out of their liberty D Stat. 3. Ed. 1. 34. For as much as great men and the Bayliffs and others the Kings Officers onely excepted unto whom special Authority is given which at the complaint of some are by their own authority attached others passing through their Jurisdictions with their goods compelling them to answer afore them * upon Contract Covenants and Trespasses out of their jurisdiction where indeed they hold nothing of them or within their Franchizes where their power is in prejudice of the King and his Crown and to the damage of the people it is provided that none from henceforth so do and if any do he shall pay to him that by his occasion shall be attached his damage double and shall be grievously amerced to the King 3. Ed. 1. 16. See Chap. 30. B. The Penalties for procuring Writs E Stat. 13. Edw. 1. 36. For as much as Lords of Courts and others that keeps Courts and Stewards intending to grieve their inferiors where they have no lawful means so to do procures others to move matters against them and to put in sureties and other pledges or to purchase Writs and at the suit of such Plaintiffes compels them to follow the County Hundred Wapentake and other like Courts untill they have made fine with them at their will it is Ordained that it shall not be so used hereafter And if any be attached upon such false complaints he shall replevy his distresse so taken and shall cause the matter to be brought afore the Justice before whom if the Sheriff Bayliff or other Lord after that the party distrained hath framed his complaint will advow the distresse lawful by reason of such complaints made unto them And it be replied that such complaints were moved maliciously against the party by the solicitation or procurement of the Sheriff or other Bayliff or Lord the same replication shall be admitted and if they be convicted hereupon they shall make Fine to the King and treble damages to the party grieved See Stat. 8. Eliz. 2. No Tax to be levied but by Parliament c. F Stat. 25. Edw. 1. 6. Be it Enacted that none shall be charged by any Charge or Imposition nor be compelled to contribute to any Tax Talledge Aid or other like charge not set by common consent in Parliament A Writ called Ad quoddamum to purchase Fairs Markets c. G Stat. 27. Ed. 1. 1299. The King ordains that if any person or persons having a mind to obtain any Liberties Fairs Markets or the like may have this Writ out of Chancery called Ad quoddamum if the Inquest passe for them they shall have it for remembrance of which thing there is an Indenture made and divided into three parts whereof one part remains in the Chancery another in the Exchequor and the third in the Wardrop Regist Fo. 247. Fitz. N. B fo 221. Rast Pla. fo 25. 32. See Chap. 48. A. B. 44. I. 49. A. G 50. A 29. A 47. A 51. A 50. C and Chap. 11. I. K. This Writ called a Quo Warranto will dash any Charter a peeces exceeded H Stat. 30. Ed. 1. 1301. The King and his Parliament provided well for the weal of the Nation against any indirect course prosecuted under colour of Charter Grants c. either by not putting in execution what is granted to Corporations or exceeding their powers ordains this Writ whereby all men may have right if they look after it viz. The King to the Sheriff Greeting Summon by good Summons c. that they be before us at c. in out next coming in to the County aforesaid or before our Iustices of Assize when they shall come into those parts to shew by what warrant they claim such Liberties and hold a view of Frank pledge in their Mannor of c. or by what warrant they have to hold Tholonium tollis for them and their Heirs and by what warrant they do such wrongs c. This Writ is like twenty of the violentest Mastiffs upon a small Bear tearing her all in peeces they being unmuzled there is a great want of such bayting I Doctor Lamb who was killed by a rude multitude in London and soon after buried but by reason a Coroner did not view his dead body c. this Writ was brought by Attorney General Noy who voided their Charter and they were fined many thousand pounds and
the Town of Gates-head unpunished and that often they cast Rubbish into the River and also that the Bridge went to decay very much which belonged to that Town humbly beseeching that his Majesty would be graciously pleased to incorporate that Town with them under their Government with all its members and Salt-meadows and Park and that it may be quite taken from the County of Durham and all the people therein to become subordinate to their Laws Be it Enacted that the whole Town of Gates-head with the Salt-meadows the whole Water and Bridge with all the Liberties thereunto belonging except the Common which shall still remain to the inhabitants be incorporated with Newcastle and dis-joyned from the County of Durham as Newcastle was from Northumberland by Charter King Richard The Second RICHARD the 2. borne at Burdeaux Sonne to Edward Prince of Wales begann his Raigne the 21 of Iune An o Dni 1377. he RaigÌ„ed 22. Yeares was Deposed died the 14. of February 1399. First buried at Langley in Hartfâ—dshire afterwardes of Westmister A Free Trade in all England A STat. 11. Richard 2. 7. and the 14. Richard 2. 9. Be it Enacted that all Merchants Aliens and Denisons and all other and every of them of what estate or condition they bâ— which will buy or sell Corn Wine Averdepoize Flesh Fish and all other Victual or other Merchandizes and all other things vendible from whencesoever they come in whatsoever place they please be it City Borough Town Port of the Sea Fair Market or other place within this Realm within Franchizes or without may freely or without disturbance sell the same to whom they please as well to Foreigners as to Denizons except to the enemies of the King and of his Realm And if any disturbance be done to any such Merchant c. upon his sail of the same in any of the places aforesaid the Mayor and Bayliffs of such Fanchizes shall make remedy but if they do not and being thereof convicted the Franchizes shall be taken into the Kings hand and the party grieving shall make to the Merchant grieved double damages And if such disturbance be out of the Franchized Towns then the Steward or Bayliffe of such Lord who is Lord of the Mannor shall give right or pay double damages the party offending shall be imprisoned for one whole year and that none such shall be disturbed but shall freely buy and sell for his own use or to the Kings c. except that the Merchant Aliens shall carry no Wines out of the Realm as it is contained in their Charters And that the said things be holden kept and performed in every City Borough Town Port of the Sea or any other place notwithstanding any Charter of Franchize to them granted to the contrary nor Usage Custome nor Judgement given upon their Charters Usages nor Customes which they may alleage which Charters Usages and Customes the said King the Grand-fathers the Prelates Earls Barons and great men and Commons in Parliament aforesaid Holds these said Charters c. of no force and as being things granted used and accustomed to the damage of the King the Prelates Earls Barons and great men of his Realm and great oppression of the Commons saving to the King and to other the Customes due of the said Merchandizes And the Chancellor Treasurer and Justices assigned to hold the Pleas of the King in places where they come shall enquire of such disturbances and grievances and do punishment according as is before ordained And by a Statute made the 25. Edw. 3. 2. It was Ordained and Established That the said Statutes made in the ninth year Chapter 1. in all Points and Articles contained in the same should be holden kept and maintained c. And if any Charter Letters Pattents Proclamations or Commandements Usage Allowance or Judgement were made to the contrary the same should be utterly repealed avoyded and holden for none And that it is free for any whatever that brings any provisions whatever to sell the same or other Merchandizes by Grosse or retail either in the City of London or any other Port City Borough or Town-Corporate in England without challenge or impeachment and to sell them freely to any that will buy the same notwithstanding any grant whatever to the contrary notwithstanding any Franchize Custome used since such Franchizes and Customes Usages be in common prejudice to the King and all people c. And that no Mayor Bayliff Catch-pole Minister nor other shall meddle in the sail of any manner of Victuals vendible brought to the places aforesaid And all men that will sue may have a Writ out of the Chancery to attach him by his body that offends herein as a disturber of the common profit c. The King seeing cleerly if the said Statutes were duly put in execution would much extend to the profits and wealth of the whole Nation do Ordain and Establish by assent of the Prelates Dukes Earls Barons great men Nobles and Commons in this present Parliament assembled That the said Statutes shall be firmly holden kept maintained and fully executed in all Points and Articles of the same notwithstanding any Ordinance Statute Charter Letters Pattents Franchizes Proclamations Commandements Usage Allowance or Judgement be made or used to the contrary it shall be utterly repealed avoyded and holden for none This Statute was obtained by a Petition worth reading from all the Nobles and Commons of England as you may read in the ninth of Edward the third Chapter the first it laying open the great grievance of the whole Nation in Parliament of Provisions and other Merchandizes being engrossed into private hands and restraining all others from trading but themselves c. See Chap. 29. C 30. D 32. D 35. A 38. A 51. B. C. This Statute revived would make England as happy as Venice for Riches c. Merchant-strangers shall be well used B Stat. 14. Rich. 2. 9. Be it Enacted that Merchant-strangers repairing into the Realm of England shall be well and courteously and rightfully intreated and governed in the said Realm to the intent that they shall have the courage to repair into the same See Chap. 30. B 41. A. The Duke of Venice by tollerating a free Trade all the Nobility and Gentry trades in Merchandizings which doth so improve his revenew that it maintains his Wars without other Impositions he being able to wage war with the most potentest Prince that is c. No Customers to be Traders nor to have parts of Ships C Stat. 14. Rich. 2. 10. The King ordains that no Customers nor Controlers have any ships of their own nor meddle with the fraught of ships and to eschew as well the damage of the King of his Customes as the losse of the Merchants repairing to the Port as well Aliens as Denizons And that no Customer Controler Searcher Waiter or Finder have any such Office for terme of life but onely as long as shall please the King notwithstanding
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
which Lease it is ordered That if Masters of Ships have not their due measure at one and twenty bouls to the Chaldron then upon information given the one half of such Coals and Keels to be forfeited to such Master and the measures to be looked after by sworn Commissioners and that this Lease Monopoly to continue for one and twenty years from January then last past and that nothing be done or acted by pretence or colour of this Lease to the prejudice of the King See Chap. 11. P 8. A See Stat. 21. King James 3. See Chap. 46. B. If any such prejudice the people the King is also prejudiced here the people cannot sell their own Coals c. which is a prejudice See his Oath Chap. 59. A. CHAP. XXII A KIng Charles in June following in the fourteenth year of his Reign incorporates another Company of Coal buyers namely Mr. Tho. Horth and other Masters of ships to buy all Coals exported out of the Ports of Sunderland the River of Tyne Newcastle Blith and Barwick paying to the King one shilling per Chaldron Custome and to sell them again to the City of London not exceeding seventeen shillings the Chaldron in the Summer and nineteen shillings the Chaldron all the Winter provided they had a free Market and a just measure at Newcastle c. which they were debarred of by reason of the foregoing Lease granted to Sir Thomas Tempest See Chap. 11. P CHAP. XXIII A KIng Charles in July following grants another Pattent to Mr. Sands with others for the farming of the Customes of one shilling aforesaid upon every Chaldron at the yearly rent of ten thousand pounds by this you may see no small quantity Issues out c. See chap. 11. B But there are some other Gentlemen which hath this benefitial Lease at present namely Sir John Trevor with others who payes as I hear one thousand four hundred pound per annum having some yeers yet to come in the Pattent I wish the poor had it after them at the rent of five thousand pounds per annum And it is the judgment of wise men that those Gentlemen are wanting of many hundreds of pounds per annum which might be made as well as the former c. CHAP. XXIV Die Jovis Octob. 8. 1646. By the Committee of Lords and Commons for the Admiralty and Cinque Ports c. WHereas the Committee hath been petitioned by Barbery Hilton Window on the behalf of her self and divers Masters of Ships trading to Newcastle whose names are here subscribed to the said Petition that the Petitioners may receive the benefit of loading and unloading at the Ballast-wharf erected at Shields about seven miles from Newcastle as tending to the good and preservation of shipping c. For that by reason the River is wrecked up with sands and sunk ships that ships of great burdens cannot passe up without hazard and danger of losing which liberty as by their Petition is set forth they enjoyed for sixteen yeers past untill of late the Mayor and Commonalty of Newcastle have enforced them to come up to their own shoars Now for as much as this matter as it is represented unto the Committee may tend much to the security of ships the advancement of Navigation and encouragement of Trade E It is Ordered therefore that the Petitioners shall be at liberty to load and unload at the Shields as is desired and directed untill other Order in that behalf be given And if the Magistrates of Newcastle and such others as is therein concerned shall hereafter desire to offer reasons to the contrary this Committee will be ready to hear them and to do therein what shall stand with Justice See chap. 19. G H I Warwick Alex. Bence Salsbury Jo. Roll Esq Bence Ed. Prideaux Giles Green It is conceived this Order voids King James Orders for preservation of the River in the Two and twenty Articles and confirms King Charles c. See Chap. 19. CHAP. XXV At the Council for Trade at White-hall Septem 26. 1651. A IN pursuance of a reference of the Council of State of the 8. of Feb. 1650. to take into consideration the Petition of some Captains and Masters of ships with others trading to Newcastle with a paper of their grievances annexed to the same setting forth c. See 12. Chap. the 19. and 24. Ch. B That in case of any disaster to ships after extremity of weather or otherwise though in great distresse See Chap. 29. C 30. A D S 33. A C Are debarred to take the assistance and help of any other neighbouring Ship-wrights and Carpenters of their own hired servants who they have entertained in their ships for their Ship-Carpenters See Chap. 36. A 38. C. D But are constrained either to carry their ships to Newcastle or to remain there in perril till one be sent for or procured from Newcastle who will not come upon reasonable tearms See Chap. 30. B 38. A B. E complaining also that the Town will not suffer them according to ancient Liberties and Customes to heave and cast out Ballast at convenient and sufficient shoars where they may do it without endangering their ships See chap. 29. C 30. A 32. D 35. B 41. A 43. D 44 A. F Nor to load nor unload where they may with safety perfom it Notwithstanding some orders heretofore to that end obtained from the late King and from the Parliament but are most injuriously forced to carry up their ships to Newcastle through most dangerous parts of the River by reason of Sands Shelves and divers * sunk ships in the way with other particulars to the like purpose H The Council having taken the said papers into consideration and it appearing that the said Town of Newcastle however they justifie not the hindring of any Master to make use of his own hired Ship-Carpenter coming along with him in the said ship do notwithstanding justifie the hindring of any other Ship-Carpenter to work or assist him if not a Free-man of their Town and do claim the sole imployment of their own free Ship-wrights within the whole Port of the said Town See ch 12. I 29. C 31. A 34. C 32. C. B 35. A. B 38. A 49. A 50. C I As also do justifie the sole erection keeping and heaving of all the ballast-Shoars within the said Port K And the hindring any person to load or unload at any place of the said Port save at the said Town or as near it as conveniently may be L This Council having further received the Depositions and Examinations of several Marriners and Masters of ships belonging to the Town of Newcastle and others also of the Town of Ipswich and having also advised with some Masters of ships antient and experienced Traders sent and chosen by the Trinity-House of London with some others do after full debate had and hearing at divers meetings the reasons on both sides alleadged offer See ch 33. A 38. A. B 56. A M That the said
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
Controlers do imbezel the Kings Customes the Merchants be greatly hindred because that the Warrants might plainly shew and declare their due custome when they be often and unduly impeached in the Kings Exchequor in consideration of the said deceits it was Enacted that the said Customers and Controlers shall write and deliver sufficient Warrants sealed with the Seal of their Office to that end ordained to the said Merchants not anything to begiven for the same but their due Custome And that in case any Customer or Controler do the contrary then the Merchant may have an action by vertue of this Ordinance to pursue every Customer or Controler that doth the contrary in every Court of Record and being thereof attainted shall forfeit to the King for every default ten pounds and to the Merchant grieved that sueth five pound 11. Hen. 6. 15. See Chap. 45. E. The great danger occasioned by small Riots B In the 37. year of his Reign began such Riots Routs and unlawful Assemblies that it produced a worse effect then in King Richard the seconds daye◠which was occasioned between a Yeoman of the Guard and a Serving-man of the Earle of Warwick which so far increased not being timely prevented that it proved the root of many a woful Tragedy brought to death the Duke of York who was proclaimed Successor to the Crown the King Prince Edward his Son all or most of the Peers of the land destroyed by sidings and at least six and thirty thousand of the common people cut off at one battel at Toughton in Yorkshire the King Queen and Prince put to flight to Barwick See Richard the second what was done See Chapter 37. A. 3. Hen. 6. See Rich. 2. E. Sheriffs Fees none of his Officers shall be returned upon Inquests letting to Bayl c. C Stat. 23. Hen. the sixth Chapter 10. The King considering the great-Perjury Extortion and Oppression which be and have been in his Realm by his Sheriffes Under-Sheriffs and their Clerks Coroners Stewards of Franchizes Bayliffs and keepers of prisons and other Officers in divers Counties of this Realm have ordained by the Authority aforesaid in eschewing of all such Perjury Extortion and Oppression and that because the Sheriffe of every County is a great and necessary Officer in the Commonwealth and used as a special instrument to the furtherance of Justice in all Suits pursued at the Common-Law and his service is imployed in the beginning prosecuting and ending of the most of them therefore as the Law hath alwayes had a special regard of him and foreseen that he shall be a man of wisdome of worth of credit countenance and ability this is not William Fenwick of North-Riding in Northumberland for he derogates from them all and that he shall be allowed a convenient stipend and sallary for his pains in most cases so doth she carry a vigilent and watchful eye upon him and his inferiour Officers or Substitutes knowing what grievous Oppressions might ensue if she should leave a man of his Authority and necessary imployment at liberty to dive at his pleasure into other mens purse and to take what he would as William Fenwick doth therefore she hath restrained him his Under-Sheriff Bayliffe of Franchizes and other Bayliffes most of which are forsworn within certain Lists and assigned them what they shall take for Arrests Attachments Mainprizes letting to Bail and serving of Executions which if any of them do exceed he shall forfeit forty pound a time and shall be adjudged an extortioner in which said Statute it is Enacted that no Sheriffe Under-Sheriffe or any Bayliffe by occasion or under colour of his Office shall take any other thing by themselves or any other person to their use or to their profit of any person by any of them Arrested or Attached nor of any other for them for the omitting of any Arrest or Attachment to be made by their bodies or of any person by any of them by force or colour of their Office Arrested or Attached for Fine Fee Mainprize letting to Bail or for shewing any ease or favour to any such person so Arrested for their reward or profit but such as follows the Sheriffe twenty pence the Bayliffe which maketh the ☜ Arrest or Attachment four pence the Gaoler if the prisoner be committed to his Ward four pence for making of a Return or Paniel and for the copy of a Paniel four pence no Bond to be made by them under colour of their Office but onely to themselves for the appearance of any prisoner at the day prescribed and what Bond is otherwise is void and he shall take no more for making such Obligation Warrant or Precept by him to be made but four pence And all Sheriffes Under-Sheriffes Clerks Bayliffes Gaolers Coroners Stewards Bayliffes of Franchizes or any other Officer or Ministers which doth contrary to the aforesaid Ordinances in any point of the same shall lose to the party in this behalf endamaged or grieved his treble damages and shall forfeit forty pounds at every time that any do the contrary in any point of the same whereof the King shall have the one half to be imployed only to the use of his house and the other to the party that will sue for the same by Bill Plaint c. I shall lay open the excessive Fees extorted by the Sheriffs of Northumberland against the Law viz. Return a tales 6 s. For allowance of a pony 9 s. 2 d. For allowance of a Writ false judgement 16 s. 6 d. Upon Execution granting out 15 s. And all upon the Defendant after Execution 1 l. 11 s. 6 d. For breaking open an original Proces 2 s. 6 d. For the Warrant thereof 6 d. Bayliffs for the Arrest from the Plaintiff 1 s. From the party Arrested 1 s. 8 d. To file Bayl above and taking the Declaration 8 s. This is costly Law This Justice is both bought and sold c. A Bill of Indictment before a Judge would reduce these c. The Form of an Indictment for Sheriffs D London ss The Juros for the Lord Protector of the Commonwealth of England Scotland and Ireland c. Upon their Oaths do present That John Butler of London Sheriffe the 20. day of August in the year of our Lord God 1652. being then Sheriffe and Keeper of the Prison of the Newgate in London the day and year aforesaid did by force or colour of his said Office as Sheriffe and Keeper of the said Prison unlawfully and extortionously exact and take of one John Cuthberton then and there being arrested and imprisoned in the said Prison under the custody of the said Sheriff at the Suit of John Roe the sum of six shillings and eight pence for the Fee of the said Sheriffe and Keeper for the custody of the said John in the said Prison from the 20. day of the Month of May in the year aforesaid untill the 20. day of August then next following to the great damage of the
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.