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
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
all Jurors and return all such Writ or Writs * touching the same as shall appertain to be done by my duty or Office during the time I shall remain in the said Office So help me Gd and by the Contents of this Book The reason I write these Oaths is that perjury may the better appear to be punished in Officers as well as others The Oath of a Jury C You shall truly enquire and due presentment make of all such things as you are charged withall on the Lord Protectors behalf the Lord Protectors Council your own and your fellows you shall well and truly keep and in all other things the truth present So help you God c. The Oath of those that give evidence to a Jury upon an Indictment D The Evidence you shall give to the enquest upon this Bill shall be the truth the whole Truth and nothing but the truth and you shall not let so to do for malice hatred or evil will nor for meed dread favor or affection So help you God and the holy Contents of this Book CHAP. LIX King Charls his Oath at his Coronation with his hand upon the Bible at the Altar A SIR Will you grant and keep and by your Oath confirm to the people of England their Lawes and Customs to them granted by the Kings of England your lawfull and Religious Predecessors and namely the Laws Customes and Franchizes granted to the Clergy and to the people by the King St. Edward your predecessor according and conformable to the Laws of God and profession of the Gospel established in this Kingdom and agreeing to the Prerogatives of the Kings thereof and to the antient Customs of this Realm Respons I grant and promise to keep SIR Will you keep peace and agreement intirely according to your power both to God the holy Church the Clergy and the people Respons I will keep it SIR Will you to your power cause Law Justice and Mercy in discretion and truth to be executed in all your Judgements Respon I will SIR Will you grant to hold and keep the Laws and rightfull Customs * which the Commonalty of your Kingdom have and to defend and uphold them to the honor of God so much as in you lieth Respons I grant and promise so to do and shall observe and keep So God me help and the Contents of this book King Johns Oath and fealty to the Pope Innocentius An. Dom. 1213. B JOhn by the Grace of God King of England France and Ireland from this hour forward shall be faithful to God and to St. Peter and to the Church of Rome and to my Lord Pope Innocentius and to his Successors lawfully entering I shall not be in word and deed in consent or counsel that they should loose Life or Member or be apprehended in evill manner their loss if I may know it I shall impeach and stay so far as I shall be able or else so shortly as I can I shall signifie unto them and declare the same unto you the Councill which they shall commit unto me by themselves their Messengers and their Letters I shall keep secretly and not utter to any man to their hurt to my knowledge the Patrimony of St. Peter and especially the Kingdom of England and Ireland And I shall endeavor my self to defend against all men to my power So help me God and the holy Evangelist Amen See his reassignation of the Liberties after this Oath to the Barons of the Liberties of England in ch 1. K CHAP. LX. The Oath of a Mayor of a Corporation A YOu shall swear that you well and truly shall serve the Keepers of the Liberties of England by authority of Parliament and the Commonwealth in the Office of a Mayor and as Mayor of this Town and Borough of Newcastle for and during the space of one whole year now next coming and you shall minister equal Justice as well to the poor as rich * to the best of your cunning wit and power and you shall procure such things to be done as may honestly and justly be to the profit and commodity of the Corporation of this Town And also shall indeavor your self to the utmost of your power to see all Heresies Treasons Fellonies and all other Trespasses Misdemeanors * and Offences whatsoever to be committed * within this Town and Borough during the time of your Office to be repressed reformed and amended * and the Offenders duly punished according to the Law * And finally you shall support uphold and maintain the Commonwealth within this Town prescribed Customs Rights Liberties Jurisdictions Franchizes Compositions and all lawful Ordinances of this Town and Borough * And as concerning all other things appertaining to your Office you shall therein faithfully and uprightly behave your selfe for the most quietness * benefit worship honesty and credit of this Town and of the Inhabitants thereof So help you God The Oath of Burgesses of Corporation B YOu shall swear that you well and truly shall serve the Keepers of the Liberties of England by authority of Parliament and the Inhabitants of this Town and Borough of this Town as one of the Burgesses of this Town and shall minister equall Justice to poor and rich after the best of your cunning wit and power And also shall well and truly observe perform fulfill and keep all such good Orders Rules and Compositions as are or shall be made ordered or established by the Common-Council of this Town for the good Government thereof in all things to you appertaining And you shall not utter or disclose any counsel or secret thing or matter touching the Fellowship or Corporation of this Town whereby any prejudice loss hinderance or slander shall or may arise grow or be to the same Corporation But you shall in things belonging to the Fellowship or Corporation of this Town faithfully honestly * and indifferently behave your self for the most benefit and honesty of this Town and the Inhabitants thereof So help you God The same Oath is for the Aldermen Where the Stars are in the Lines there will appear breaches CHAP. LXI The Oath of a Sheriff A YOu shall swear that you shall well and truly serve the Keepers of the Liberties of England by authority of Parliament in the Office of a Sheriff of the County of N. And do the Keepers of the Liberties of England profits in all that belongeth you to do by way of your Office as far forth as you may or can Yee shall truely keep the Keepers c. and all that belongeth to them Ye shall not assent to decrease to lessen nor to concealment of any of their Rights or Franchizes and whensoever yee shall have knowledge that their Rights be concealed or withdrawn be it in Lands Rents Franchizes or Suits or any other thing ye shall do your true power to make them be restored to them again And if ye may not do it ye shall certifie them thereof such as you know for certain will
to joyn issue upon to stand and fall by as I am by this challenging any to brand me with the least of injustice I ever did them being ready with my fortune to make good what I prosecute The thing I aim at is a right understanding between the free and unfree men of England a perfect love every one injoying their own and to be governed under our known and wholesome Laws as also an obedience thereunto and not by a hidden Prerogative alias Charters It being a wonder there dare be such presumption in this Corporation to exercise such insolencies which were the greatest obstructors of our Nations Liberties by garisoning that Town The Mayor Aldermen and Recorder with the Burgesses and others against the free-born of England which prohibited all Trade from the 9th day of January 1642. to the 14th of November 1644 in that Port which caused Coals to be four pound the Chaldron and Salt four pound the weigh the poor Inhabitants forced to flie the Country others to quarter all Armies upon free Quarter heavy Taxes to them all both English Scots and Garisons Plundered of all they had Land lying waste Coal-pits drowned Salt-works broken down Hay and Corn burnt Town pulled down mens wives carried away by the unsatiable Scots and abused All being occasioned by that Corporations disaffection And yet to tyrannize as is hereafter mentioned I appeal to God and the World Ralph Gardner Charter-Law with its Practice discovered CHAP. I. Newcastle upon Tynes Patron King John surnamed without land Raigned 17 Yeres and 7 monethes died â—9 daiâ— of october 121â— Was buried att Worcester in the 51. Yere of his age A KIng John who usurped the Crown of England was only for formalities sake sworn by a Bishop who being demanded the reason why he did so said that by the gift of Prophecy certified that at some time King John would take the Crown and Realm of England and bring all to ruin and confusion he pretending the King his Brother was dead in the time of his being absent beyond Sea being the first Author of Charters for gain and people like himself for lucre of gain sold their Birth-right to become Bodies Corporate and oppressors of the free-born people of England For before Charters were all the Free-holders of England were free to make Laws for the good of the Nation but Corporations being subordinate to such Laws as he by his Prerogative gave them being repugnant to the known fundamental Laws of England In the first year of his reign dreadful tempestuous weathers by rains that the grounds were so spoiled that whereas corn was sold for one shilling the Boule in King Henry the seconds daies then cost 13 shillings the Boule also an abundance of fish found dead upon the Land by the corruption of the waters no hay could be mowed and hale as big as hens eggs B He was an Usurper a Tyrant a bloody person a Murderer a perjured person a covetous person a demolisher of famous Towns with fire and a seller of Englands Supremacy to the Pope whose reign was oppressive and end shame For further satisfaction I refer you to his true History I shall onely give a brief of some passages in his reign He made a Law that all Jews that would not turn Christians should pay a certain great sum of money or be imprisoned and when they did turn they they should have their money again a young Merchant paid 60 l. to continue a Jew and after turned to be a Christian then he demanded his money from the King but he being unwilling to part with money demanded what reason he had to turn and sent for his Father and Mother to dis-swade him and to perswade him to change again to be a Jew C He gave command that all the Jews in England and Wales to be forthwith imprisoned men women and children by reason they turned so fast to be of his Religion and then seized on all their riches to satisfie his covetous disposition and such as would not confess where their money was pulled out their teeth and eies and then took the thirteenth part of all estates moveable to war against the Earls of Marsh who desired him to forbear but he would not for which they dispossessed him of all his Lands in France c. He having little love to his Wife Izabel the Queen was divorced pretending she was too near of Kâ—n to him and so took another D He murthered Duke Arthur Earl of Brittan his eldest Brothers Son being Heir to the Crown in the Castle of Roan in France and chased William de Branes out of England and caused his wife and children to be starved to death in Winsor Castle He dis-inherited many of the Nobility without Judgement of the Law and put to death Ramp Earl of Chester for reproving him for lying with his Brothers Wife and reproached others of his Nobles telling them how often he had defiled their beds and defloured their Daughters E He granted to the City of London their Charter and Letters Pattents to chuse their Mayor yeerly in the tenth year 1210 who governs well c. F He removed the Exchequer from London to Northampton and got a great Army to go against the King of Scots but the King of Scots met him and did him homage and gave him his two Daughters as pledges and Eleven thousand Scotch Marks and upon his return took homage of the Free-holders of England and sware them to his allegiance all above 11 years of age G He made oath to be obedient to the Pope of Rome by name Innocentius to Randolphe his Bâ—ll who went with his Nobles to Dover where he met with the said Popes Bull and there resigned the Crown with the Realm of England and Ireland into the Popes hand See his Oath in chap. 59. B Upon which the Bishops who he had banished returned to England by leave from the Pope King John met them and fell flat upon his face on the ground and asked them forgiveness melting bitterly into tears c. H He grants the very next year after his power was given to the Pope unto the Town of Newcastle upon Tyne Letters Pattents to be a Corporation and to hold the said Town in Fee-farm at the rent of 100 l. per annum as by the said recited Letters Pattents in the second Chapter more at large appears An. 1213. Surely this Charter is not good by Law c. I He was the cause of firing the chief Town in Northumberland called Morpeth and caused many more Towns in England and Wales to be burnt The Barons of England being armed demanded of him the Laws and Liberties granted by King Edward the Confessor vulgarly called St. Edward he desired respite till Easter and gave Sureties to perform them K He met with the Barons of England in Running Meadow between Winsor and Stains upon the 16 of June granted under his hand to them the Liberties of England without
beseecheth her Grace to increase inrich inlarge and establish as much as in her lay their Authorities and Jurisdiction in Sea-businesses with larger Priviledges Exemptions Liberties and Immunities and those being called by various names to establish into a certain Body and reduce and create the Name of the Incorporation upon which Petition the Queen made the Town and Corporation of Newcastle a free Town in these words D That the Burgesses and Inhabitants of the said Town from henceforward for ever shal be one body Corporated or body Politick in substance Fact and name by name of a Mayor and Burgesses And that by that name they may have perpetual succession And persons able in Law capable to have purchase receive and possesse Lands Tenements Liberties Jurisdictions Franchises and Hereditaments of what kind nature or form soever they shall be to them and their Successors in Fee and perpetuity And to assign them over by the name aforesaid And by the same name to implead or sue and be sued answer or to be answered defend or be defended in any Court of Record E And to have a common Seal for their causes and businesses and to break and change the same at their pleasure F Likewise she confirms by the said Charter to the said Mayor and Burgesses and their Succesors that they onely of the said Town with its Members and Appurtenances and also that they may have all the same Customes Liberties Priviledges Franchises Immunities Exemptions Qâ—ittances and Jurisdictions how many and how much soever hath been granted by former Kings by what name or names soever or by what pretence they have or do enjoy or claim the same To have and to hold and to be holden of the said Queen in Fee-farm c. G Also grants by the said Charter unto the Mayor and Burgesses and their Successors full authority power and faculty of Mittigamus constituting ordaining making and establishing from time to time such Laws institute Judgements Ordinances and Constitutions according to their sound discretion being good wholesome and necessary for the publick good and weal and common profit and good rule of the said Town H The Mayor and Burgesses have power hereby to inflict punishments pains penalties and imprisonments of bodies and by Fines or Amerciaments may levy and have to them and their Successors without calumny or impeachment requiring all persons to yeeld obedience to such Laws c. Provided those Laws Ordinances Institutions and such like Customes be not repugnant to the Laws and Statutes of England I Also that the Grants which the said Town of Newcastle and the Circuits Precincts and Jurisdictions thereof to stand as well in breadth as length as well by land as by water as was accustomed before the memory of man as they were wont to extend themselves and in the River of Tyne from a place called Sparhawk in the Sea to Headwin streams seven miles above Newcastle-bridge And to pull down all walls hedges and blocks offensive c. K And further by the said Letters Pattents the Queen doth grant unto the said Mayor and Burgesses upon the surrender of the same Letters Pattents of the same High Admiral of England by death forfeiture surrender or other means to become void for ever And may have and hold within the said Town one Court of Admiralty of Record every Munday throughout the year In which Court the Mayor or Recorder to be one And to begin upon the vacancy of the said Office to hold by plaint in the same Court to be levied all and all manner of Pleas Suits Plaints and Demands For which Debts Contracts Covenants Trespasses and Deceits Matters and Offences whatsoever to the said Court of Admiralty belonging and to hold Court of Pleas according to the Laws and Customes of the said Court of Admiralty of England and other Legal wayes and means whereby the truth may the better be known with power of any temporall constraint or mulct or any other pain according to the Laws and Customes of the said late Queens Court of Admiralty of England to be compelled or to do and administer Judgement the order of Law being kept L And likewise she ordains Justices of the Peace to conserve the Peace in the said Town and Port for the putting in execution the Statutes and Ordinances made at Wstminster in the eighteenth yeer of King Edward the third concerning forestalling of Merchandizes upon the water or upon the Sea And the thirteenth of Edward the first the five and fortieth of Edward the third the thirteenth of Richard the second and seventh of Henry the fourth and Henry the sixth the four and thirtieth of Henry the eighth and the fifth and sixth of Edward the sixth Statutes at Westminster against Regrators Fore-stallers and Ingrocers to enquire after such offenders against the Laws and Statutes aforesaid to hear and determine such like Indictments and Punishments M That the Sergeant at Mace all Juries Pannels Inquisitions Attatchments Precepts Mandates Warrants Judgements Sentences Processes or other things whatsoever to do for the dispatching thereof N The Queen gives further power unto the Mayor to choose all Officers in the said Court whatsoever to remove and expell them as they shall see cause according to Law and Equity O That the Mayor Recorder and Aldermen three or more of them whereof the Mayor or Recorder to be one of them may have for every acknowledgement of al and singular such like Pleas Plaints Suits and Demands of Debts and other Sea-businesses and offences and also disseizing of all wrecks * at Sea or Port happening and of the death drowning and viewing of all dead bodies of what persons soever which in the said Town and Port howsoever slain or drowned or to be slain drowned or murthered or brought to death by any other means P Also the custody and conservation of the Statutes the wreck at Sea and of the Office of Coronors in the third and fourth year of King Edward the first and to punish Delinquents according to Law Q The Mayor of the same Town for ever hath hereby power to receive acknowledgements for any cause whatsoever in the Admiralty Court determinable and to record and enrole the said Recognizance to release cancel lessen and qualifie at their pleasure according to Law Also to demand execution according to the manner of the said High Court of the Admiralty of England R The said Queen doth give and grant by the said Letters Pattents unto the said Mayor and Burgesses and their Successors all and singular Fines Redemptions Issues Amerciaments Forfeitures Perquisites and profits whatsoever appearing happening coming assessed imposed or taxed or then after to be upon any by the aforesaid Court for their own proper use and behoof without any account to the said Queen or her Heirs to be levied so soon as ever it shall be adjudged by them without any unquietnesse
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 Iamâ—s king of England Scotland and Ireland â—â— 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
further powers especially of the River of Tyne The King confirms their Charters but grants nothing new onely alters the Election of their Officers and prescribes them new Oathes to be administred to the said Officers in their Elections which Charter is in the Chappel of Rolls B Also the King and his Council grants them the confirmancy of the River of Tyne by giving nine Articles upon the 29. of January 1613. and joyned in the said Order The Bishop of Durham and other Justices of Peace of the County of Durham and Northumberland with the six Aldermen of the said Town of Newcastle But three years after being weary of partners the Mayor Aldermen and a Jury of the Burgesses exhibited a great complaint to the King and Council at White-hall of the great decay of that River occasioned by the said Commissioners through their neglect and breach of Trust Which Complaint begat this following Reference from the Council Table and further power to add to the former See chap. 34. C. 35. A. B 28. A P C Whereas upon complaint of the decay of the River of Tyne and of the daily abuses done and committed to the prejudice of the same Certain Articles were granted on the 29 of January 1613. and commanded to be put in execution for the remedy of such abuses And for as much as a Jury of Newcastle-men have by their Petition to this Board grievously complained those Articles were wholly neglected by the Mayor and six Aldermen of the same Town and the Bishop of Durham and Justices of Peace all which were joynt Commissioners for the preservation of that River The River decaying so fast that in short time it would be dord and wrecked up with sand c. If not Order soon taken therein The Council Ordered Sir Ralph Winwood Sir Julius Caesar and Sir Daniel Dun one of the Judges of the Admiralty with the assistance of the Trinity Masters of London to draw up Thirteen Articles more to be joyned with the former nine And by special Order of his Majesties Council at White-hall was given and commanded that all the said Two and twenty Articles be put in execution for the conservation and preservation of the River of Tyne by the Commissioners hereafter named Or else to forfit all the Towns Liberties into the Kings hands See chap. 13. D And though the Commissioners formerly appointed for the execution of the former Articles are persons of place and quality and otherwise well deserving of the publick Yet for as much as contrary to the Trust reposed in them they have altogether neglected their duty therein whereof further notice may be taken as occasion shall require It is thought expedient that these persons following be named and authorized Commissioners for the due performance and execution as well of the said former Articles bearing date the 29. of January 1613. as of those now devised and published with the joynt consent and good liking of the Aldermen of the Town of Newcastle and others attending their Lordships in that behalf for the safety and conservancy of that River E The Names of the Commissioners at Newcastle for the River of Tyne The Mayor William Warmouth Timothy Draper Cudb Bewick Tho. Wynn Leo. Car Robert Leger John Stubs Robert Chamberlain John Holbourn Hen. Johnson Edw. French Tho. Ewbanck George Wallis Ralph Cox John Eaden John Butler F 29 January 1613. 1 That the owners of every Salt-work on either side of the said River of Tyne built and to be built do within six months build up their Wharfs and Keyes sufficiently above a full Sea-mark in height of the water to be appointed by the Mayor and six Aldermen to the end neither Coals nor Rubbish do fall off into the River 2 That all Wharfs and Keys in all parts of the River of Tyne be damn'd and back'd with Earth and not with Ballast 3 That no Ballast be cast at shields by any vessel which loadeth either with Coals or Salt or other Commodities nor any Ballast Wharfes to be built there or used for that purpose See Chap. 19. H 24. E 18. A 4 That all Salt-pan Owners shall carry away their Pan Rubbish from off their Keyes or Wharfs every forty dayes that none fall into the River 5 That no Ballast be cast but upon sufficient Ballast Wharfs built and to be built above a High-water mark and to be allowed by the Mayor and six Aldermen in any part of the River See Chap 49. G 6 That the Surveyors Unladers and casters of Ballast according to their offices and duties shal every week cause all the Ballast which falls off the Ballast shores into the River to be taken up again and cast upon the Ballast Wharfs And to take care that the Ships have a good sayl to lye between the ship and shore that none of the Ballast fall between into the River See Chap. 49. G 14. B 34 35. 7 That no Coals nor Stones be digged within sixty yards on a streight line from a full Sea-mark in any part of the River to the end none fall in 8 That some strict and severe punishment be inflicted by the Mayor and six Aldermen upon any such Master of Ship or Keels as shall presume to cast any Ballast upon any insufficient shores or into the River See Chap. 49. E 39. 14 C 9 That there shall be no wyers dams or other stoppage or casting of Ballast in or neer the said River or Creeks running into the said River of Tyne or within eight miles of the Town of Newcastle but such as shall be allowed by the Mayor and six Aldermen of the said Town such shores being sufficiently Wharfed See Chap. 34. Thirteen Articles more granted Feb. 14. 1616. 10 That no Lighters Boats or Keels with Ballast be suffered to go up and down the River of Tyne in any night Tyde to prevent the Keel mens casting Ballast in to the River they often using so to do being more easie and lesse labour to cast it into the River than upon the top of the Ballast shores which spoyls the River the Commissioners are to take care herein to see the putting hereof in execution and to punish offenders See Chap 49. E 11 That Strangers shall be appointed every week to cleanse the Streets in Newcastle of their Ashes and other rubbish to prevent the rain from washing the same into the River thorough Loadbourn 12 That all the Gates on the Town Key be locked up every night except one or two to stand open for the Masters and Sea-men to go too and fro to their ships which will prevent servants casting Ashes and other Rubbish into the River And that those two Gates be constantly watched all night long See Chap. 49. E Chap. 14. B 13 That all servants dwelling with any the Inhabitants residing or inhabiting in the Town of Gates-head and Sand-gate and the Close in Newcastle be sworn every year not to cast any Rubbish into the River See Chap. 49. E 14
of Newcastle complained again upon the same business by pleading some new matter in their Petition and the reference they obtained on their Petition was Ordered by the King and Council this 13th of February 1632. that Sir Heath's Ballast-shoar should be built The Commissioners aforesaid put in the third Petition not doubting but that by such new matter they should prevent the building of the said Shoar Ordered by the King and Council the 27 Feb. 1632. That Sir Heath's Ballast-shoar Wharf or Key a building shall be built go forward and be quite finished See ch 13. A 19 A 20 G 34 A. B CHAP. XIX THe Mayor and Burgesses exhibited another great complaint to the King and Council wherein nine severall absurdities appeared by Capt. Crosier and especially against Sir Rob. Heaths shoar c. At the Court at Greenwich the 1. of June 1634. King Charls Lord Arch. Bish Canterbury Lord Keeper Lord Arch Bishop of York Lord Treasurer Lord Privy-Seal Lord Duke of Lenox Lord Marquis Hambleton Lord Chamberlain Earl of Dorset Earl of Bridgewater Lord Vi. Wimbleton Lord Newbrough Mr. Treasurer Mr. Comptroler Mr. Vice-Chamberlain Mr. Secretary Winwood Mr. Secretary Cook Upon consideration this day had at the Board his Majesty being present in Council of a complaint made by the Mayor and Burgesses of Newcastle against the Ballast-shoars lately built by the said Sir Robert Heath at Shields upon the River of Tyne pretending the same to be a great prejudice of the shipping and Navigation and to the annoyance and damage of the said River the care consideration thereof was by his Majesty especially intrusted unto them E and upon hearing the allegation on both sides with their learned Council in the Law it was thought fit and ordered that the said Shoar should be finished and backed with Ballast to make it fit for the Salt Works which for his Majesties Service are begun and intended to be performed G In the first place that the Sea-men should have liberty freely to cast their Ballast there H without interruption if they find convenient none being compelled to it or hindred from it That neither those of the Town of Newcastle nor free Hoast-men I which sel all Coals do hinder the same indirectly by denying or unnecessary denying to carry down coals in Keels or Lighters to the ships which shall cast their Ballast at that Shoar to the end this shoar which may be for the safety and incouragement of Navigation and Shiping may be so used as the same may neither be prejudiciall to the Town in diverting or withdrawing of Trade nor to his Majesty in his Customs or Duty nor hurtful to the said River His Majesty will refer the ordering hereof to himself as wel in the particulars aforesaid as in all other things thereunto appertaining in such sort as both the Town and Seamen shall find his Majesties Regall care over them Sic subscripsit Ex. Majest See 12 Chap. 3. 18. D. F 23 A 42. E It is conceived Orders are no Laws and the latter Order which contradicts the former voids it So by this of King Charls voids King James's for the power of the River in Chap. 12. I CHAP. XX. Jarrow Slike c. A ON the 4th of December 1634. certain Lands and Wasts were discovered to the late Kings Commissioners at the Commissionhouse in Fleetstreet as belonging to the Crown concealed especially a parcel of Land or Waste in the River of Tyne called Jarrow Slike at South-Shields in the County of Durham which the water at a full Sea covers every Tyde and is by estimation 300 Acres a fit and convenient place for ships to cast Ballast at for many years to come without any prejudice to the River and great furtherance of Trade See Chap. 56. Chap. 34. A. B The Mayor and Burgesses of Newcastle hearing thereof put in their Claim to the said Commissioners and alleadged that all that ground belonged to them with all other grounds to a low-water mark from the full Sea mark on both sides the River from a place called Sparhawke in the Sea to Headwin-streams which is seven miles above Newcastle being fourteen miles in length granted to them and their Heirs for ever from King John by Charter and confirmed by his Successors and therefore beseeched time to make it so appear There being no such thing granted could never make it appear Along time was given them but nothing appeared as truth of any such Grant and two years after upon the first day of July 1637. they instead of wearying out the Commissioners and Gentlemen that discovered the same was called to make good their claim then they became Petitioners to the Kings Commissioners that they would be pleased to sell that parcel of wast ground called Jarrow-slike to them and to admit them to purchase the same for which they would give two hundred pounds by reason it lay more convenient for them then any else but they would give no more money for it See chap. 18. A. B See chap. 2. Upon which one Mr. Thomas Talbot and Mr. Richard Allen of London gave four hundred pound and got it The King upon the 27 of November 1637. by his Letters Pattents under the Great Seal of England confirmed the same Jarrow-slike and waste ground upon the said Talbot and Allen and their Heirs for ever they paying in to the Exchequor five pound per annum as a Fee-farm Rent which said ground is in contest between the said Gentlemen and Sir Henry Vane If this ground to a full Sea-Mark were really the Corporation of Newcastles it would have so appeared in the Charter granted by King John and also they then might have made good their claim and not to have become Petitioners to purchase the thing which was their own before even as they do in this so in other things Also if all ground be theirs from a full Sea-mark why were they Tenants to the late Dean and Chapters of Durham of certain ballast shores built to the low water-mark on which all ballast is cast And if all ground were Newcastles from a full Sea-mark why should Mr. Bonner c. buy the Lady Gibs ground and build a Ballast-shoar to a low water-mark and wrong the Town of their right And why should not Gates-head and both the shields which are built to a low water-mark pay Newcastle rent c. See Chap. 18. B 34. A. B. CHAP. XXI A KIng Charles in August in the 13. year of his Reign created a new Corporation of free Hoast-men in Newcastle called in English Coale-Engrossers and grants a Lease to Sir Tho. Tempest Knight with others for the selling of all Coals exported out of the River of Tyne and to receive eleven shillings and four pence per Chaldron Custome and twelve shillings from all strangers which shall be transported over Sea and to have two pence per Chaldron towards their charge and power to seize of all Coals sold by the Owners of such Coals sold In
say unto them ye shall not respect their debts for any gift or favour when ye may raise them without grievance to the Debtor Ye shall truly and righteously treat the people of your Sheriffwick and do right well to poor as to rich in all that belongs to your Office Ye shall do no wrong to any man for any gift or other behest or promise of goods for favour nor hate ye shall disturb no mans right ye shall acquit at the Exchequer all those of whom ye shall any thing receive of the Keepers c. debts ye shall nothing take whereby the Keepers c. may loose or that Right may be letten or disturbed or the Keepers c. debt delaid Ye shall truly receive and truly serve the Keepers c. Writs as far forth as it shall be in your cunning ye shall not have to be your Under-Sheriff any of the Sheriffs Clerks of the last years passed ye shall take no Bayliff into your service but such as you will answer for ye shall make each of your Bailiffs make such Oath as you make your self in that that belongeth to their occupation ye shall receive no Writs by you nor any of yours unsealed nor any sealed under the seal of any Justice save of Justices of Eyre or Justices assigned in the same Shire where you be Sheriff in or other Justices having power or authority to make any Writs unto you by the Law of the Land You shall make your Bayliffs of the true and sufficient men in the Country ye shall be dwelling in your own proper person within your Bayliwick for the time you shall be in the same Office except you shall be licenced by the Keepers c. you shall not let your Sheriffwick nor any Bayliwick thereof to farm to any man ye shall truly set and return reasonable and due luses of them that be within your Bayliwick after their estate and behavior and make your pannel your self of such persons as be most meet most sufficient and not suspect nor procured as it is ordained in the Statute and over this in eschewing and restraining of the Robberies Manslaughters and other manifold grievous offences that be done daily by such as name themselves Souldiers and by other Vagrants by which increase in multitude and number so that the good people may not safely ride nor go to do such things as they have to do to their intollerable hurt and hinderance Ye shall truly and effectually with all diligence possible to your power execute the Statute of Winchester for Vaggabonds All these things ye shall well and truly observe and keep So help you God It is the judgement of learned Councel that Sheriffs may be indicted for perjury by wilful neglect of their duty as other persons wilfully or procuringly perjures themselves c. King Hen. 3. King Henry the 3. Was Crouned at the age of 9 Yeres the 28 october 1216 he Raigned 56 Yeres and 20 daiâ—s dyed the 16 of nouember 1272 tyeth buried at Westminster None to be condemned but by the judgement of the Law SStat ninth year of his Reign chap. 29. in Parliament enacts that no Free-man shall be taken or imprisoned or be disseazed of his Free-hold Liberties or free Customs or pass upon him or condemn him but by lawful Judgement of his Equals or by the Law of the Land we will not sell to no man we will not defer to any man either Justice or Right Reg. fo 186. Coke Pla. 456. Dyer fo 104. Coke lib. 5. fo 64. lib. 10. fo 74. lib. 11. fo 99. Stat. 2. Edw. 3. 8. 5. Edw. 3. 9. 14. Edw. 3. 14. 28. Edw. 3. 3. 11. Rich. 2. 10. 3. Carol. Pet. of Right See ch 38. A. C. Bakers and Brewers faulty to be punished Stat. 51. year of his reign 1266 Enacts That if any Baker or Brewer be convict because he hath not observed the Assize of Bread and Ale for the first second and third time he shall be amerced according to his offence but if he amend not then to suffer punishment of body the Baker to the Pillory and Brewer to the Tumbrel which shall not be remitted for Gold nor Silver and Impowres Ale Cunners in every Town c. every Baker to set his own mark on his Bread See ch 49. C King Hen. 4. HENRY the 4. borne at Bollingbroke in the Countie of Lincolne began his Raigne the 26. of September 1399. Raigned 13. yeares 6. moneths died in Aâ— D 1413. Of the age of 46. Yeares buried at Canterbury Justice shall be done in England STat. first year of his Reign Chapter the first Enacts the confirmation of the Liberties of England and all Statutes not repealed Peace shall be maintained and Justice shall be done to all men Sheriffes shall not let their County to Farm Stat. the fourth year of his Reign Chapter the fifth Enacted that every Sheriff in England shall abide in proper person within his Bayliwick for the time he shall be such Officer And that he shall not let his Bayliwick to Farm to any man for the time that he occupieth such Office and that the said Sheriffe be sworn from time to time to do the same in special amongst other Articles comprized in the Oath of Sheriffs Stat. 23. Hen. 6. 10. King Henry the Fifth Henry the 5. began his Raigne the 20. of March. Was Crounâ—d At Westminster the 9 of Aprill 1413. He Raigned 9 Yeares 2. months died in the casteâ— of Boyes nere paris the 13 of Augâ—st 1422. buried at Westminster Coals to pay two pence per Chaldron Custome and Keels to be measured A STat. the ninth year of his Reign Chap. 9. 10. It was Enacted the King should have two pence of every Chalder of Coals of Unfranchized men in the River and Port at Newcastle upon Tyne as Customes And for the better knowledge of such Customes ordains that all Keels or Boats which carried Coals to ships should be of the just burden of twenty Chaldron of Coals notwithstanding this Act the Newcastle men made the Keels to carry some two and some three and twenty to wrong the King of his Customes which great Cheat was proved in Parliament where they Enacted to prevent such like for the future that sworn Commissioners should mark all Keels and other Vessels carrying Coals to ships upon pain of forfeiture of Keel and Coals See Chap. 9. A 11. Chap. 1 King Henry the Sixth Henry the 6 of the age of 8 moneths Began his Raigne 〈◊〉 of September 1422 Crowned at Westminster the 6 of Nouember 1429 Afterward Crowned at Paris 7 September 14â—â— Raigned 38 yeares 6 moneths 4 dayes Buried at Winsore Punishments of Customers for not clearing Ships A STat. the eleventh year of his Reign Chap. 15. Enacted That for as much as the Customers and Controlers in the Kings Ports do not write any Warrants in discharge of Merchants of their Merchandizes by them shewed and duely customed Transported or Imported the same Customers and
paid c. K London-Derry onely for exceeding their power in their Charter were served the very like c. This Writ would do the like to Newcastle if acted for exceeding their powers and not burying Mr. Snapes son one Gray and William Rea who were drowned in that River as they are tyed to do by Charter See Chap. 10. O. P. And see Chap. 29. A 48. B 49. Y No distresse without Warrant L Stat. 34 Ed. 1 2. The King ordains that no officer of his or his Heirs shall take any Corn Cattle or any other goods whatever from any person without the good will and assent of the party to whom the goods belonged See Chap. 47. A 30. B King Edward the Second King Edward the 2. surnamed Carnaruen was crouned att Westminster at the 22. Yere of his age the 24. of febru 1308. he Raigned 19 Yere 6 monethes was deposed the 25 of Ianiâ—arius 1326. he was slayne in the Castle of barkley in the 43 yere of his age Breaking of Prisons A STat. 1. Ed. 2. 1307. By the Common-Law of England if a man had been imprisoned and broke the prison he should have been hanged for what cause soever he had been imprisoned yea although it had been but for Trespass which great enormity was redressed by this Statute of 1 Edw. 2. intituled De frangentibus prisâ—nam the words where be these Touching Prisoners breaking of Prison our Lord the King doth will and command that none which from henceforth do break prison shall have Judgement of life and member for the breaking of prison onely except the cause for the which he was taken and imprisoned doth require such Judgement if he should have been convicted thereof according to the Law and Custom of the Realm though in times past it hath been otherwise used and therefore it is to be considered who is a prisoner and what is breaking of prison according to the meaning of the aforesaid Statute every person who is under arrest for Felony is a prisoner as well being out of the Goal as within so that if he be but in the Stocks in the Street or out of the Stocks in the possession of any that hath arrested him and doth make an escape that is a breaking of prison in the prisoner for imprisonment is none other but a restraint of liberty Rast pla fo 247. 340. Kil fo 87. Dyer fo 99. Fitz. Coron 134. Bro. Coron 79. Unsufficient Sheriffs B Stat. 9. Edw. 2. 1315. The King receiving great complaints from the great men and people in Parliament throughout the whole Realm perceived great damage done to him and great oppression and disheritances to his people by reason of unsufficient Sheriffs and Bailiffs the King resolved to prevent such evil oppressions and disheritances by the assent of his Prelates Barons c. Enacted that the Sheriffs shall have sufficient Land within the same Shire to answer the King and his people and to attend his Office and if any Sheriffs or Hundreders be unsufficient shall be removed * and others more convenient put in their place that none shall farm his Land That Writs sent to the Sheriffs shall be executed by the Hundreders sworn and known they to be such as have Land to answer and not by others so that the people may know to whom to sue such Execution saving always the Returns of the Writs to them that have them or ought to have them The King by his Prerogative shall have the Wreck of the Sea C Stat. 17. Edw. 2. 11. It is Enacted that the King shall have the Wreck of the Sea throughout the Realm Whales and great Sturgion taken in the Sea or elsewhere within the Realm except in certain places privileged by the King See Stat. 3. Edw. 1. 4. Rast pla fo 611. Co. lib. fo 106 108. 1. Hen. 7. fo 23. 11. Hen. 4. fo 16. 9. Hen. 7. fo 20. 35. Hen. 6. fo 27. See ch 10. S 30. A 29. D 30. C The King shall have all Felons goods D Stat. 17. Ed. 2. 17. Be it Enacted the King shall have the goods of all Felons attainted and Fugitives wheresoever they be found and if they have Free-hold then it shall be forthwith taken into the Kings hands and the King shall have all profits of the same by one year and one day and the Land shall be wasted and destroyed the Houses Woods and Gardens and all manner of things belonging to the same excepting men of certain places privileged by the King therefore and after he hath had the year and the day and the waste then the Land shall be restored to the chief Lord of the same fee unless that he fine before with the King for the year and the day and the waste Nevertheless it is used in the County of Glocester by custom that after one year and a day the Lands and Tenements of Fellons shall revert and be restored to the next Heir to whom it ought to have discended if the fellony had not been done And in Kent the custome is Gavel kind the Father to the Bow and the Son to the Plow All Heirs Male shall divide their Inheritance and likewise women but women shall not make partition with men and a woman after the death of her Husband shall be endowed of the moiety and if she commit fornication in her Widowhood or take an Husband after shall loose her Dower Fitz N. B. fo 144. Regist fo 165. V. N. B. fo 99. V. N. B. fo 5. See chap. 10. S 53. A King Edward the Third Eduard the 3. borne at winsâ—r was Crowned at westminster the 2. of feb 1327. being 15. Yeares olde Raigned 50. yeares 4 months 24 dais Dyed the 21 of June 1377 lyeth buired in west Enquiry of Goalorâ— which shall procure Prisoners to become Appealers A STat. 1. Edw. 3. 7. Be it Enacted for the eschewing the damages and destruction that often doth happen by Sheriffs Goalors and keepers of Prisons within Franchizes and without which have pained their prisoners and by such evill means compel and procure them to become appealers and to appeal harmless and guiltless people to the intent to have ransom of such appealed person for fear of imprisonment or other cause the Justices of the one Bench and of the other and Justices of Assizes and Goal delivery shall by force of this Statute enquire of such compulsive punishments and procurements and hear the complaints of all them that will complain in such cases by Bill and shall hear and determine such plaints as well at the Suit of the party as at the Kings Suit Stat. 13. Edw. 1. 12. 14. Ed. 3. 10. Rast pl. fo 56. None to ride armed except c. B Stat. 2. Edw. 3. 3. Be it Enacted that none shall ride or go armed but such as are the Kings Servants or being licenced nor his Officers to do their Office by force of Arms nor bring any force in an affray of the peace neither to be armed by day not
which they would if occasion served willingly receive Nay they do not onely deny to do those favors themselves which not onely by the Law of Christian Charity but even by the Dictate of Nature and common Humanity they are bound to perform but they binder and deter those that would do them and violently prosecute fine and imprison those who have releived them and without their present help had ship-wracked in the very Haven and perished under the expectation of a delayed assistance I shall not accuse all Incorporations as established Monopolies but certainly the Corporation of Newcastle as it is managed by those men is of all Monopolies the most oppressive and consequently the most odiâ—us Monopolie rendred so by those injurious destructive illegal privileges which against all Law of God and man they have made and indulged to themselves and accordingly are rigorously practised by them But that their monstrous practices may more clearly appear to all the world what hath been scattered and divided by necessary interweaving of Proofs and Depositions Statutes and Laws and other Supplements I shall here contract into a narrow compass and present them Brevi quasi Tabellâ unto the view of the world Their Tyranny and Oppression may be reduced to these heads First False Imprisonments without any tryal of Law or offence committed pag. 72. 89. 58. 76. 84. 87. 93. 85. 103. 59. 81. 106. 90. When the Chief Priest and Elders of the Jews desired Festus on their Information barely to pass sentence upon St. Paul though a Heathen Judge he returns them this answer It is not the manner of the Romans to deliver any man to die before that he which is accused have the accusers face to face and have licence to answer for himself Act. 25. 16. On the unjustice and unreasonableness of this course doth Nicodemus oppose the Chief Priests and Phariseeâ— in the behalf of Christ Doth our Law saith he judge any man before it hear him and know what he hath done John 7. 51. p. 163. G. This way of proceeding in Judicatory is most repugnant both to the Law of Nature as you see in the Romans Law and also to the Law of God which positively determines One witness shall not rise up against a man for any iniquity or any sin that he sinneth At the mouth of two or three witnesses shall the matter be established Deut. 19. 15. And if God would not have any man to be condemned in any Judicatory by the testimony of one witness but by the joynt attestation of two or three at least as is evident by this Text of Scripture and by many concurrent places of divine Writ as Numb 35. 30. Deut. 17. 6. Mat. 18. 16. John 8. 17. Heb. 10. 28. 2 Cor. 13. 1. How much less would God approve of such tyrannical proceedings to condemn a man without any witness at all or ever permitting the person accused to take up an Apology or just defence for himself Secondly Forcing men to swear against themselves pag. 60. 72. 86. 87. 88. 91. 92. 103. How highly were the hearts of this Nation inflamed what indignation did they conceive against the practices both of the Star Chamber and High Commission heretofore pag. 87. as laying an unsupportable yoak upon the necks of the people by the tender of the Oath ex Officio Hath all the Nation freed themselves from this bondage by a good Law so that elsewhere no man is compelled to testifie against himselfe or where other witnesses fail inforced to accuse himself And must they onely that come under the Jurisdiction of the Magistrates of Newcastle remain inslaved under the same bondage Is this Tyranny lawful at Newcastle that is exploded and cast off every where else Nay that which infinitely heightens their oppression and wickedness is this That those Reasons which were alleged to justifie this practice pag. 188 88. 87. 86. 103. both in the Star Chamber and High Commission have no place of pretension here There the zeal of Justice to let no sin go unpunished and the Glory of God in the sinners Confession and accusing of himself as Joshua abjured Achan My Son give I pray thee glory to the Lord God of Israel and make confession unto him and tell me now what thou hast done hide it not from me Josh 7. 19. was alleged as an instance to justifie their proceedings where otherwise the Offender could not be discovered either by evidence of the Fact or testimony of witnesses But here by an Oath they compel men to reveal the secrets of their hearts to rise up in Judgement against themselves for no other end but by their own confession to make them guilty and then invade their fortunes First They make themselves Masters of their Consciences pag. 86. 107. 99. And by that make themselves Masters of their Estates Covetousness and not zeal of Justice or Gods Glory is the principle from whence they act Thirdly Imposing Fines Arbitrarily p. 23. â— 31. R 44. 60. 84. 87. 90. 91. 93. 117. 24. 109. 110 92. 16. and then no wonder if they be excessive exceeding both the Merrit of the crime pretended or the ability of the Offender How great a temptation is it to Justice to be severe and ridged in its sentence when the punishment of the Offendor is the inriching of them that passe the sentence nay the Judges themselves are the grand Offenders and goe unpunished p. 77. 78. 79 and so it is here at Newcastle p. 81. Q p. 91. C p. 90. H p. 103. D p. 110. One reason that induced some sages of the Law to affirme that the latter Kings of England had evested themselves of their power to sit Personally in their Courts of Justice and deligated it to and invested the Judges of the respective Benches therewith was because in Imposing of Fines the King was both a Judge and party interested not only as the fountain of Justice to be administred unto the people but as the person into whose exchequers and treasury the laws of England paid their Fines But the Magistrates of Newcastle injoy those privileges which were thought unbeseeming the Kings of England They are both Judges and Parties They estimate the offence and receive the fine and then how frequently covetousnesse and self-interest sit on the Bench in the place of Justice p. 35. the world may easily Judge as appeares in the case of Lewis Frost and unjust Judge Bonner hee having two pence halfpenny of all ballast and the other Catchpole Bonner to arrest the refusers Fourthly Obstructing all indeavours for grant of a Market at North-sheilds six miles from Newcastle and in another County and 12 miles from any other Market in the same County and then robbing people of their commodities in their own markets and seizing on goods carried through their Town alledging Forraigne bought and Forraigne sold Markets were for conveniences and not for ingrossing all provisions and peoples lives p. 87. Fifthly For imprisoning poor Artificers
the Realm and to the dislike of all the good members thereof and what punishments she hath imposed upon the Transgressors therein and by whom and in what manner to be inflicted especially upon Murder Robbery Riots Forgery Perjury Extortion and Oppression in any of which cases any person maketh it his own cause and doth in a sort take it to be done to himself and ought to reduce the Transgressor Nay his Highnesse by his Oath and all people else are bound to punish them as being Transgressors of his Laws and disquieters of the Peace therefore ought to be rooted out as the Husbandman the thistle from the good corn and the Gardner his nettles from his sweet flowers wherefore seeing a guilty person in any of the offences aforesaid is persecuted in deed or consent by all wishing well to the Weal-publick or their own private estate It is requisite that good men which eschew to offend for the love of vertue and evill men which fear to offend for the dread of punishment should both know those Laws which they are to make use of and the penalties which be threatned to the infringers thereof to the intent the good man having a will to stand may trust to his feet remain firm and continue his integrity and the evill man beginning to stagger may bend his endeavour to stay and slide no further this labour being to the intent that the well-meaning man being made the better and he or they that before were lewdly disposed the lesse hurtful may all at the last meet and joyn in seeking and â—urtherance of that peace which will be comfortable to the Lord Protector and Nation and pleasing both to God and man These Laws are preservers of the peace and layes heavy punishments upon the withstanders or deniers thereof they are his Highnesse Privy Councellors incessantly respecting the preservation of his Person and Dignity they be as his Gentlemen Pentioners attending daily his presence to do him all Honor and Service being as the Yeomen of his Guard waiting day and night to protect him for his protecting the Nation and them and from all forcible assaults and other perils Also they be as his great and goodly Ships which hath purchased Freedome on the Seas and now lyes hovering up and down as his Castles and strong Forts of defence as wel as they which stand upon the land wherewith he doth prevent foreign Hostility represse inward tumults so keep himself and the people in peace and safety Likewise as his Judges Justices Sheriffs Constables and other Officers watching every hour and moment in all Shires and Counties places and corners of the Nation to represse outrages and to maintain peace To maintain these Laws every good member hath the like benefit as himself hath for in fear of them every person doth enjoy his life and limbs in peace and is defended from the bloody-minded Murderer and Man-queller and the rage of the furious Quarreller and Fighter and in fear of them the house-keeper resteth in peace with his wife and family under his own roof the terror hereof doth often restrain godlesse people from committing perjuries frauds and deceits and impudent and shamelesse men to wrest from others by Bribery Extortion or Oppression And divers there be who neither by the Laws of God of Nature or Reason will be bridled and reduced to vertue yet by the penalties and fear of our Capital and Criminal Laws do yeeld to be curbed And we should now observe with what care our Forefathers had from one Age to another and what Ordinances they established in Parliament that several Penal Criminal and Capital Laws and Statutes should be read or proclaimed in Churches in Fairs in Markets at the General Assizes and Quarter-Sessions of every County at Leets and Law-dayes and in every Inns of Court and Chancery and how the same is continued and put in practice to the intent that the same Laws and the penalties thereof should be heard learned known and understood by all sorts of persons willing to perceive and apprehend the same Charter-Law is not so but like the foul Spirit in the Air still ranging never at rest nor will let others take any never seen but heard in every corner striking at the pure Law to advance it self it forces people to a kind of an Order in a Town and the whole Nation to a disorder The chiefest reason why I give a recital of the Penal-Laws is that the ignorant may see how well they are provided for and not to be left blind and only being instructed by the Extortioner himself what they must pay for Fees c. but that they may know themselves and to remedy themselves when offended for such Oppressors would discover no more for safety of their purses or bodies then care was taken formerly for others souls when it was ordained that the Bibles should be in Latine and not in English as appears by Statute the 34. of Henry 8. several persons restrained from reading the Bible in English c. to keep them in ignorance c. CHAP. LVIII The Oath of an Attorney at Law A YOu shall do no Falshood nor consent to any to be done in the Court and if you know of any to be done you shall give knowledge thereof unto my Lord Chief Justice or other his brethren that it may be reformed You shall delay no man for lucre or malice You shall increase no Fees but shall be contented with the old Fees accustomed You shall plead no foreign Plea nor suffer no foreign Suits unlawfully to hurt any man but such as shall stand with order of the Law and your Conscience You shall seal all such Proses as you shall sue out of the Court with the Seal thereof and so the Kings Majesty and my Lord Chief Justice discharge for the same Yee shall not wittingly nor willingly Sue nor procure to be sued any false Suits nor give aid nor consent to the same in pain to be expulsed from the Court for ever And furthermore You shall use your self in the Office of an Attorney within the Court according to your learning and discretion So help you God See Stat. 3. K. James 7. The Oath of an Vnder-Sheriffe Bayliffe of Franchises Deputies and Clerks of Sheriffes and Vnder-Sheriffes Stat. 27. Eliz. 12. B I A. B. shall not use or exercise the Office of Under-Sheriffe corruptly during the time I shall remain therein Neither shall or will except rejoyce or take by any colour means or device whatsoever Or consent to the taking of any manner of Fee or Reward of any manner of person or persons for the impanielling or returning of any Inquest Jury or Tales in any Court of Record for the Queen * or between party and party above two shillings or the value thereof or such Fees as are allowed and appointed for the same by the Lawes and Statutes of this Realm But will according to my power truly and indifferently with convenient speed impanel