Selected quad for the lemma: power_n

Word A	Word B	Word C	Word D	Occurrence	Frequency Band	MI	MI Band	Prominent
power_n	heir_n	say_a	successor_n	2,638	5	9.6943	5	false

Text snippets containing the quad

ID	Title	Author	Corrected Date of Publication (TCP Date of Publication)	STC	Words	Pages
A42371	Englands grievance discovered, in relation to the coal-trade with the map of the river of Tine, and situation of the town and corporation of Newcastle : the tyrannical oppression of those magistrates, their charters and grants, the several tryals, depositions, and judgements obtained against them : with a breviate of several statutes proving repugnant to their actings : with proposals for reducing the excessive rates of coals for the future, and the rise of their grants, appearing in this book / by Ralph Gardiner ...	Gardiner, Ralph, b. 1625.	1655 (1655)	Wing G230; ESTC R3695	131,711	221

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

wholesome profitable c. according as they shall think good for the good Rule and Government of the Governor Stewards and Brethren of the said Fraternity and for Declaration by what means and Order they fo 151. and their Factors Servants and Apprentices in their Office and businesses concerning the said Fraternity they shall have carry and use c. And that the Governor Stewards and Brethren of that fraternity c. as often as they grant make ordain or establish such Laws Institutes inform fo 152. and they may impose such pains penalties punishments and imprisonments of body or by fines c. upon all Delinquents against such Laws S Institutes c. as to them shall be thought necessary and requisite and as to them shall be thought best for the observation of the said Laws Ordinances c. fo 153. and the said fines and amerciaments at their discretions they may levy have and retain to them and their Successors to the use of the Governor Stewards and Brethren aforesaid without calumny c. All which and singular Laws Ordinances c. the said late Queen willeth to be observed so that the said Laws Ordinances fo 154 c. be not repugnant to the Laws or Statutes of the Kingdom of England And further the Queen granteth to the said Governor Stewards and Brethren c. and to their Successors that for ever hereafter they and their Successors c. fo 155. may have and shall have full power from time to time at their pleasure to chuse name and ordain other inhabitants and Burgesses of the said Town c. to be and shall be Brethren of the said Fraternity c. who so elected nominated and sworn shall be named and be Brethren of that Fraternity Moreover fo 156. the said Queen grants licence power and authority to the said Governor Stewards and Brethren c. and to their Successors that they for the time being and their Successors and every of them for ever hereafter may and shall quietly and peaceably have hold use and enjoy all such Liberties Privileges c. fo 157. concerning the loading and unloading shipping or unshipping of Stone-coals Pit-coals * Grind-stones Rub-stones and Whetstones T And that they may for ever hereafter load and unload ship and unship in or out of any ships or vessels Pit-coals and Stones aforesaid within the said River and Port of Tyne in any place or places as to them shall be expedient fo 158. between the said Town of Newcastle c. and the aforesaid place in the aforesaid River called the Sparhawke so nigh to the said Town of Newcastle c. as conveniently may be done according to the true intention of these Letters Pattents as the men and Brethren of the said Fraternity at any time have used and accustomed notwithstanding the Statute of King Hen. 8. the 3. of Novemb in the 21. year of his reign and from thence adjourned to Westminster holden published 1559. Intituled An Act concerning Newcastle and the Port and c. to the same belonging or any other Act c. notwithstanding And the said Queen also willeth c. for that express mention c. Witness the Queen at Westminster the 22 of March in the 13 year of her reign fo 160. What a world of profits is given from the Crown which ought to maintain it and would have so filled the Coffers as that there had been little need of Sesments c. Having read some works of those late famous Expositors of the Law I drew two or three heads out as Observations for the knowledge of those who know them not written by way of explanation of our known Laws as being a Law used time out of mind or by prescription The Law of Nature is that which God infused into the heart of man for his preservation and direction and that the Law of England is grounded upon six principle Points the Law of Reason the Law of God divers Customs of this Land of divers principles and maxims divers particular customs and of divers Statutes made in Parliament The fundamentall Lawes of England are so excellent that they are the Birth-right and the most antient and best Inheritance that the free people of England have for by them they enjoy not onely their Inheritance and Goods in peace and quietness but their Lives and dear Country in peace and safety Cooks Preface to the sixth Replication and on Littleton l. 2. c. 12. sect 213. Sometime it is called Right sometime Common Right and sometimes Communis Justitia and it is the same Law which William the Conqueror found in England the Laws which he sware to observe were Bonae c. approbatae antiquae Regni legis Charter-Law being so repugnant to the above written and so destructive to the weal of the people that never any Writer ever writ of them nor ever any Parliament Enacted their publication knowing they were no other then Prerogative and dyes with the Donor And it is an infallible rule where no Law is published there cannot be any transgression or obedience required The Corporation of Newcastle hath but two Supporters to stand and fall by first Prescription secondly Custom As to Prescription a Quo Warrante will avoid that upon a legall tryal it being understood that Charters are void by reason of the change of Government if not yet by breach of Charter exceeding their power being nothing else then a fallacy And as to plead Custom they have no right nor never in possession of what they claim Customary Right is good Law but Custom without Right is but an old error and ought to be removed Drunkenness and Swearing is customary is it fit it should stand because of its custom Kings were before Corporations and could have better justified themselves for a continuance than Corporations by reason they might plead Hereditary or Electary Conquerors or Customary yet being found a grievance was taken and removed for their Arbitrary actings why then must their power stand that is no Law If it were justice to execute those two Judges Empson and Dudly for onely putting a Statute Law in execution not repealed which is above Charters being grievous to the people it were nothing more to execute Justice upon such who acts the same without any Law King John who was a Murderer yet commanded a murderer to be taken from the Altar and sent to the slaughter Here was Justice Why do not our just Judges send such like from the Charter to the slaughter If Strafford lost his life for acting oppressively by an Arbitrary power why not others for the same CHAP. XII King James his Charters and Orders Mars Puer Alecto Virgo VULPES LEO Nullus Iam●s king of England Scotland and Ireland ●● A KIng James in the second year of his reign being humbly supplicated by the Mayor and Burgesses of Newcastle that he would be graciously pleased to confirm all their antient Grants and Charters and to give them

beseecheth her Grace to increase inrich inlarge and establish as much as in her lay their Authorities and Jurisdiction in Sea-businesses with larger Priviledges Exemptions Liberties and Immunities and those being called by various names to establish into a certain Body and reduce and create the Name of the Incorporation upon which Petition the Queen made the Town and Corporation of Newcastle a free Town in these words D That the Burgesses and Inhabitants of the said Town from henceforward for ever shal be one body Corporated or body Politick in substance Fact and name by name of a Mayor and Burgesses And that by that name they may have perpetual succession And persons able in Law capable to have purchase receive and possesse Lands Tenements Liberties Jurisdictions Franchises and Hereditaments of what kind nature or form soever they shall be to them and their Successors in Fee and perpetuity And to assign them over by the name aforesaid And by the same name to implead or sue and be sued answer or to be answered defend or be defended in any Court of Record E And to have a common Seal for their causes and businesses and to break and change the same at their pleasure F Likewise she confirms by the said Charter to the said Mayor and Burgesses and their Succesors that they onely of the said Town with its Members and Appurtenances and also that they may have all the same Customes Liberties Priviledges Franchises Immunities Exemptions Q●ittances and Jurisdictions how many and how much soever hath been granted by former Kings by what name or names soever or by what pretence they have or do enjoy or claim the same To have and to hold and to be holden of the said Queen in Fee-farm c. G Also grants by the said Charter unto the Mayor and Burgesses and their Successors full authority power and faculty of Mittigamus constituting ordaining making and establishing from time to time such Laws institute Judgements Ordinances and Constitutions according to their sound discretion being good wholesome and necessary for the publick good and weal and common profit and good rule of the said Town H The Mayor and Burgesses have power hereby to inflict punishments pains penalties and imprisonments of bodies and by Fines or Amerciaments may levy and have to them and their Successors without calumny or impeachment requiring all persons to yeeld obedience to such Laws c. Provided those Laws Ordinances Institutions and such like Customes be not repugnant to the Laws and Statutes of England I Also that the Grants which the said Town of Newcastle and the Circuits Precincts and Jurisdictions thereof to stand as well in breadth as length as well by land as by water as was accustomed before the memory of man as they were wont to extend themselves and in the River of Tyne from a place called Sparhawk in the Sea to Headwin streams seven miles above Newcastle-bridge And to pull down all walls hedges and blocks offensive c. K And further by the said Letters Pattents the Queen doth grant unto the said Mayor and Burgesses upon the surrender of the same Letters Pattents of the same High Admiral of England by death forfeiture surrender or other means to become void for ever And may have and hold within the said Town one Court of Admiralty of Record every Munday throughout the year In which Court the Mayor or Recorder to be one And to begin upon the vacancy of the said Office to hold by plaint in the same Court to be levied all and all manner of Pleas Suits Plaints and Demands For which Debts Contracts Covenants Trespasses and Deceits Matters and Offences whatsoever to the said Court of Admiralty belonging and to hold Court of Pleas according to the Laws and Customes of the said Court of Admiralty of England and other Legal wayes and means whereby the truth may the better be known with power of any temporall constraint or mulct or any other pain according to the Laws and Customes of the said late Queens Court of Admiralty of England to be compelled or to do and administer Judgement the order of Law being kept L And likewise she ordains Justices of the Peace to conserve the Peace in the said Town and Port for the putting in execution the Statutes and Ordinances made at Wstminster in the eighteenth yeer of King Edward the third concerning forestalling of Merchandizes upon the water or upon the Sea And the thirteenth of Edward the first the five and fortieth of Edward the third the thirteenth of Richard the second and seventh of Henry the fourth and Henry the sixth the four and thirtieth of Henry the eighth and the fifth and sixth of Edward the sixth Statutes at Westminster against Regrators Fore-stallers and Ingrocers to enquire after such offenders against the Laws and Statutes aforesaid to hear and determine such like Indictments and Punishments M That the Sergeant at Mace all Juries Pannels Inquisitions Attatchments Precepts Mandates Warrants Judgements Sentences Processes or other things whatsoever to do for the dispatching thereof N The Queen gives further power unto the Mayor to choose all Officers in the said Court whatsoever to remove and expell them as they shall see cause according to Law and Equity O That the Mayor Recorder and Aldermen three or more of them whereof the Mayor or Recorder to be one of them may have for every acknowledgement of al and singular such like Pleas Plaints Suits and Demands of Debts and other Sea-businesses and offences and also disseizing of all wrecks * at Sea or Port happening and of the death drowning and viewing of all dead bodies of what persons soever which in the said Town and Port howsoever slain or drowned or to be slain drowned or murthered or brought to death by any other means P Also the custody and conservation of the Statutes the wreck at Sea and of the Office of Coronors in the third and fourth year of King Edward the first and to punish Delinquents according to Law Q The Mayor of the same Town for ever hath hereby power to receive acknowledgements for any cause whatsoever in the Admiralty Court determinable and to record and enrole the said Recognizance to release cancel lessen and qualifie at their pleasure according to Law Also to demand execution according to the manner of the said High Court of the Admiralty of England R The said Queen doth give and grant by the said Letters Pattents unto the said Mayor and Burgesses and their Successors all and singular Fines Redemptions Issues Amerciaments Forfeitures Perquisites and profits whatsoever appearing happening coming assessed imposed or taxed or then after to be upon any by the aforesaid Court for their own proper use and behoof without any account to the said Queen or her Heirs to be levied so soon as ever it shall be adjudged by them without any unquietnesse