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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

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then to chuse another within twenty daies c. fo 51 52. The like for the Sheriff c. fo 53 54. William Jennison named first Mayor fo 55 56. John Savel one of the Barons of the Exchequer first and modern Recorder fo 57. William Selby c. and nine others are made the first and modern Aldermen fo 58. James Clavering appointed first and the modern Sheriff c. fo 59. The said William Jennison Mayor and thirty five persons more are appointed to be the first and mordern Common-Council-men c. fo 60 61. Matthew Chapman and Rowland Tempest are appointed to be first and the modern Coroners c. fo 62. George Dent appointed first Clerk of the Chamber fo 62. Francis Burrel and seven others appointed to be the first and the modern Chamberlains of the said Town fo 63. George Still appointed Sword-bearer fo 63 George Selby and seven other persons appointed to be the 〈◊〉 Serjeants at Mace c. fo 63. The said Queen grants to the said Mayor and Burgesses and their Successors for ever that they may hold one Court of Record in Guilde-hall before the Mayor upon Monday in every week through the year except in the weeks of Christmas Easter and Penticost c. fo 65. and another Court upon Wednesdaies and Fridaies in every week throughout the year except in the several weeks aforesaid and all Pleas of Debts Covenants Deteiner Trespasses c. fo 66 67. and pleas of Court of Pipowder c. fo 68. and Courts of the Upper-Bench Justices of the Bench and Justices of Assize before the said Mayor fo 69 70. And that the Mayor and Burgesses in the Court to be holden before the Mayor and in the Court to be holden before the Sheriff and their Successors in all and singular Suits c. may attatch the parties Defendents in the same Suits c. fo 71. in their Lands and Goods and commit them to their prison called Newgate c. fo 72 73. The Mayor the ten Aldermen and Recorder of the said Town for ever to be joyntly and severally Keepers of the Peace c. within the said Town c. and to chastise and punish malefactors c. fo 73 74 75 76. And further That they the 12 11 10 9 8 7 6 5 4 or 3 of them whereof the Mayor to be one be Justices of the said late Queen her Heirs and Successors to enquire upon oath c. fo 76. of all Murders c. Forestallers Regrators c. and of all other matters whatsoever done or committed c. fo 77 78 79. so that the Keepers of the Peace in Northumberland and Durham do not enter for any matter of Peace c. to be ended and determined in the said Town of Newcastle f. 80. F The Queen grants to the said Mayor and Burgesses and their Successors that they may as often as need shall require impose c. Fines Penalties Taxations Customs c. for the publick use of the Mayor and Burgesses of the said Town to be kept in their common Chamber and to be expended for their publick use fo 81. or by their Officers from time to time to be levied such as before time were lawfully taxed and imposed c. and that the said Mayor c. may use all the means they can to levy and gather the same fo 82. G The Queens pleasure further was that the Mayor● Recorder and Aldermen of the said Town or five or more of them whereof the Mayor to be one be Justices for Gaol Deliveries c. fo 83. and that the Coronors * of the said Town shall deliver all Juries Inquisitions pannel Attatchments c. and make return of them to the Mayor c. in all their Gaol Deliveries c. fo 84. and do execute the Precepts of the Mayor c. in such manner as any Sheriffe of England was accustomed to do at the Gaol Deliveries for their several Counties and that the said Mayor Recorder and Aldermen may fo 85. erect Gallows within the Liberties of the said Town to hang Felons c. And that the said Mayor Recorder and Aldermen or five or more of them may take and Arrest what Felons Theeves and Malefactors soever within the Town and Port of Newcastle and Port aforesaid or the Precinct or Liberties of them are found c. and may bring them to Prison there fo 86. H The said Queen gives Licence to William Reddel and to six others and to what subjects or subject whatsoever of the said late Queen her Heirs and Successors Assign or Assigns Tenants or Farmers fo 87. of the Mannor of Gatesside and Wickham with their Appurtenances in the County of Durham by vertue of a Lease to the said Queen made amongst others by Richard late Bishop of Durham by his Indenture dated the 26 of April in the 24 year of her Reign 1582. for ninety nine years from the making thereof and that the said Assign or Assigns Tenants Farmers fo 88. of the Premises so demised and their survivors The said Mannors or Lordships of Gates-side and Wickham with their Appurtenances may grant and assign to the said Mayor and Burgesses and to their Successors for the residue of the years then to come and to the Mayor and Burgesses of the said Town and to their Successors That the said Manners and Lordships of Gatesside fo 89. and Wickham aforesaid with their Appurtenances may have and hold during the residue of the years then to come the said Queen for her her Heirs and Successors gave special Licence notwithstanding the Statute of Mortmain or any other Statute c. fo 90. I The Queen pardoneth and releaseth to the said Mayor and Burgesses and to their Successors and to every Subject and Subjects whatsoever c. All and all manner of pains Penalties forfeitures and sums of money and all other charges whatsoever to the said Queen or to any her Progenitors fo 91. theretofore forfeited by vertue of an Act of Parliament of King Henry the fifth at Westminster in the ninth year of his Reign onely published for the assurement of Keels by Parliament Commissioners assigned or by pretence of another Act of Parliament begun at Westminster in the one and twentieth year of King Henry the eighth fo 92. Intituled an Act concerning Newcastle and the Port there for the loading or unloading of any Merchants goods within this Kingdome or elsewhere to be sold from any Ship or Ships or other Vessels in or at any place or places within the Port and River of Tyne between Sparhawk fo 93. and Hadwyn streams but only at the said Town of Newcastle and not elsewhere under pains and forfeitures in the said Act contained and specified And by vertue of another Act of Parliament at Westminster aforesaid the three and twentieth of January in the first yeer of the late Queen Elizabeth Intituled an Act limitting the times of
exposing upon Land-Merchandizes from parts beyond the Seas and concerning Customes and Sweet-Wines and there it was enacted amongst others for and concerning fo 94. the loading or unloading in or from any Ship or other Vessel any Goods Wares or Merchandizes against the said Act c. or to the late Queen due and forfeited by vertue of the said Acts and all the Goods and Chattels Lands and Tenements of the said Mayor and Burgesses c. being the foresaid penalties and forfeitures c. fo 95. Now followeth the Charter of the Free Hoast-men of Newcastle K Moreover the Q. grants to the said Mayor Burgesses and to every Subject subjects of hers her Heirs Successors Inhabitants Burgesses of the said Town commonly called Hoast-men in every season fitting and hours accustomed the Customes and Subsidies and other profits to the said Queen her Heirs and Successors due to be paid and to the Customers and fo 96. Collectors of the said Queen and Successors agreeing thereupon to be charged or discharged shipped or unshipped Pit-coals Grind-stones Rub-stones and Whet-stones near Newcastle c. such Ship Vessel c. was of such a capacity or for any other reasonable cause that they could not fitly apply to Newcastle that then in such case the Mayor and Burgesses of the said Town as their servants c. fo 97. might and may load and unload such ship and ships vessel and vessels with Coals and Stones abovesaid in their Port between Sparhawk and Newcastle being distant by estimation not above seven miles And further the Queen willeth fo 98. and commandeth the said Mayor and Burgesses c. and their Successors and every Subject and Subjects of her her Heirs and Successors Inhabitants of the said Town called Hoastmen that they the same ships being of such a capacity that they cannot fitly sail to the Town of Newcastle to charge and discharge themselves of Coals and Stones fo 99. so nigh Newcastle as conveniently may be done without fraud c. and that under the pain of one hundred shillings to be levied for the Queens use her Heirs and Successors to be forfeited for every ship or vessel so charged or discharged contrary to the true intention mentioned in the said Letters Pattents and for that the Queen willeth that the Mayor Burgesses and Inhabitants of the said town c. fo 100. being Burgesses may serve the Queen and her Successors with more commendable service and may furnish the Queen c. with Mariners more cheerfully in our greatest wars as we have heard they have done in times past and for that the said Town hath been a faithfull fortresse and defence fighting against the Rebels in times past and hath behaved it self most dutifully to us and to our Progenitors c. fo 101. resisting the said Rebels The Queen therefore giveth and granteth to the Mayor Burgesses and their Successors all the Felons goods unto themselves and of Fugitives convicted and attainted and of Out-lawed persons c. fo 102. L And whereas the Town of the Newcastle upon Tyne is a Town of Merchants a Mart or Market of great fame and stuffed with a multitude of Merchants dwelling therein and of others as well home-bred thither flowing and there expecting their Trade of Merchanting and thereupon it is necessary to order and establish a certain Order within the said Town fo 103. and the speedy recovery of Debts to Merchants c. due according to the Statute of Acton Burnel c. The Queen granteth fo 104. to the Mayor and Burgesses and their Successors that the Mayor for the time for ever thereafter shall have power together with the Clerk to that end ordained to take Recognizances according to the form of the Statute of Acton Burnel and of the Statute of Merchandize made in Parliament in the time of King Edward the first and that there shall be a Clerk in the same Town which shall be called the Clerk of the Queen her Heirs and Successors to take Recognizances of Debts according to the said Statute fo 105. The Queen appoints William Jackson Gentleman to be her first and then modern Clerk for taking Recognizances of Debts within the said Town to enjoy the same during his life and after his death the Mayor and Burgesses c. fo 106. are impowred to prefer to the said Office fo 107. another of the Burgesses of the said Town to be the Queens Clerk as before and to continue so long as it should please the Mayor c. fo 108. And shall have a Seal in two peeces for sealing the said Recognizances and the Mayor to have the custody of the greater peece and the Clerk fo 109. shall have the custody of the lesser peece of the said Seal c. So that if a Merchant or any other shall be made a Debtor he may come before the Mayor and Clerk of Recognizances and before them acknowledge his Debt and day of payment fo 110. And the said Mayor and Clerk may do and dispatch all other things which by the Statute aforesaid are requisite c. fo 111. The said Clerk is to have such Wages Fees Rewards and Emoluments for the execution of the said Office as any other Mayor of any other Town or City in England c. fo 112. lawfully and of right hath or receiveth c. fo 113. M The Queen granteth by the said Charter to the Mayor and Burgesses and to their Successors and to the Inhabitants of the said Town that they be quiet and discharged fo 113. of Toles Passages Poundage Murage Chimage Paunage Lastage Stallage Carriage Picage Tronage Hidage and Wharsage for their Goods and Merchandizes as well by Land as by Sea as well in Fares as in Markets and all secular Customs over the Queens Lands on this side and beyond the Seas c. fo 114. The Queen further granteth to the said Mayor Burgesses and their Successors that they shall have for their publick use all and singular such like Toles and all other Customs Toles Profits and Advantages in Fares and Markets holden and to be holden within the said Town and any other times whatsoever by themselves fo 115. to be levied and gathered and to be expended to and for the use of the said Mayor and Burgesses and their Successors c. and the said Queen forbiddeth that any man disturb them c. fo 116. N The said Queen also grants to the said Mayor and Burgesses and their Successors that no Merchant Stranger from the liberty of the said Town of Newcastle may sell to any Merchant Stranger any their merchandizes within the said Town except Victuals and besides in Markets and Fares to be holden within the said Town and limits thereof nor such Merchant Stranger may buy any Merchandizes except and besides as it before excepted fo 117. of any Merchant Stranger within the same Town and liberty thereof other than in gross upon pain and
9. Jan. 1642. Ordained that all Trade to Newcastle upon Tyne for Coals Salt c. be prohibited upon pain of forfeiture and confiscation of ship and goods by reason that Town is conceived to be the principal inlet of all foreign Aid and Forces for strengthning themselves against the Parliament tending to the destruction of the Laws and Liberties of England An Ordinance for a low price of Coals c. C Feb. and June 42. and 43. Two Ordinances were made for setting a rate upon Coals at London being so scarce and enhansed to such a great rate that all the poor were in a very sad condition Propositions to reduce Newcastle c. D 5. June 1643. An Ordinance for reducing Newcastle to the obedience of the Parliament being garrisoned and kept by Papists and other ill-affected persons whereby the whole Land suffers for want of Coals so absolutely necessary to the maintenance and support of Life which falls heavy upon the meaner sort Upon the 20. of June the Lord Mayor and Court of Aldermen and Common Councel of the City of London met at Guild-hall and undertook the reducing of that Town of Newcastle from their Malignancy upon the Propositions of Parliament whereby they were to be repaid both principle and use of all charges out of the Gentlemens estates of Northumberland and County of Durham it was summa injuria that these Gentlemen should be destroyed for the offence and wickednesse of that Corporation who never yet suffered for the same c. Ordinances of Parliament E 12. May 1643. Ordained that there be a free and open Trade in the Ports of Sunderland in the County of Durham and Blithe in the County of Northumberland to relieve the poor inhabitants thereabouts by reason of the rapines and spoyls those enemies of Newcastle have brought upon them in those two Counties they all being in great want and extremity F 14. Novem. 1644. Ordained that a free and open Trade be had to Newcastle for Coals Salt c. that Corporation being won by the sword with the Scots c. These are breviated in the Epistle to the Reader c. Notwithstanding all these sad Events which that Corporation brought upon the people in those Northern Counties but the Mayor and Burgesses most of which were the transgressors not in the least sorry but still doth with the highest hand of Arrogancy and Pride tyrannize over the people in those Counties not admitting them to improve their estates but casts them into prison c. The oppressed cryes for relief and could never be heard G 17. June 1649. And Act of Parliament passed for sail of Kings Lands and Queens c. by vertue whereof was surveyed in Lands Mils and Tenements to the value of two thousand pounds per annum and returned to Worcester house I leave the rest to the Examiner c. the particulars I have c. H 〈◊〉 1650. An Act of Parliament constituting a Councel for regulating of Trade throughout England c. and were to sit at White-hall where there was a Legal Trial had against Newcastle and were overthrown as by the report which was drawn up by the said Councel to be reported to the Parliament as appears c. I Anno 1653. The Parliament impowred a Committee for regulating of Trade and Corporations through England c. when more charge was brought in against the evill practice of the said Corporation appears c. All that is desired is a free Trade in the River of Tyne according to the purport and true meaning of that Stat. 11 Rich. 2. 7. The taking away what is bad in that Corporations Charter the River preserved and men from being imprisoned without judgement of Law Now to give some Reasons against this Arbitrary Power AS Sir Walter Raleigh being to give a Character of Henry the Eighth prefaceth his Description with this Introduction If all the Pictures and Patterns of a merciless Prince were lost in the World they might all again be painted to the life out of the Story of that King So having given the world an account of the most unchristian illegal oppressive practices of the Magistrates of Newcastle upon the people of this Nation whose either Neighborhood or calling or condition of life necessitate them to an intercourse with them either by way of Traffique or any other way though forced into that Port and Harbor by distress of weather tempest or any other accident incident to those that go down to the Seas in Ships and occupie their businesses in the waters Reflecting on their Actions I may safely say of them as that Noble Knight did of that King If all the Pictures and Patterns of a cruell and merciless people were utterly lost in the world they might be all painted to the life out of this Narrative setting out the illegal Oppressions arbitrary Exactions barbarous Murthers practised and committed by the Magistrates of Newcastle both on their Neighbors and the free people of this Nation There are two Rules or Canons in Scripture upon which all the Commandements of the second Table and consequently all the duty of man to his Neighbor do depend The First is Quod tibi fieri non vis alteri ne feceris What thou wouldst not have another do unto thee that thou oughtest not do unto another This Rule well observed prevents all injury and wrong for while a man frames his own actions towards his Neighbor according to that pattern which in his own breast he shapes to his Neighbor to perform unto himself hee will do no injury because he would receive no injury and this is the ground of that Command or Precept of our Saviour Thou shalt love thy Neighbor as thy self The second Rule is Whatsoever yee would that men should do unto you even do yee unto them Mat. 7. 12. and this rule stirs us up to all beneficence and doing good to our Neighbor for as to prevent injuring another man a man should aske himself would I that another man should do to me as I am about to do unto him and so love to himself will prevent hatred to another So to confer favors and to do good unto another a man should aske himself would I require this boon this favor this good turn from another if I stood in need of it as my Neighbor doth and I were in his condition and would the granting or doing this favor be most acceptable to me and lay an eternal obligation upon me Hence love to a mans Self will kindle his bowels of compassion to his Brother and will dispose him willingly to do that good unto another which if occasion served he would willingly receive from another These men of Newcastle regulate themselves in all their actions here charged upon them and fully proved by oath of men of undoubted integrity neither by the one Rule nor by the other for they do not onely do those injuries and wrongs which they would not take but they deny those favors