the town of new-castle upon tine having elected sir william blacket, baronet; and sir ralph carr, knight. their burgesses, in the late parliament, dissolved by his majesties proclamation, bearing date the 18th. day of january 1680. sir william blacket had the honour of dying in that service, upon which the said town unanimously chose their present mayor nathaniel johnson esq; who accordingly this last session of parliament gave his attendance at westminster, and had the honour of knighthood conferred on him by his majesty. sir nathaniel's residence being at present in london, the said town of new-castle sent him the following letter newcastle upon tyne (england). town council. 1681 approx. 2 kb of xml-encoded text transcribed from 1 1-bit group-iv tiff page image. text creation partnership, ann arbor, mi ; oxford (uk) : 2009-03 (eebo-tcp phase 1). a63015 wing t1977a estc r213560 99825913 99825913 30305 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a63015) transcribed from: (early english books online ; image set 30305) images scanned from microfilm: (early english books, 1641-1700 ; 2100:15) the town of new-castle upon tine having elected sir william blacket, baronet; and sir ralph carr, knight. their burgesses, in the late parliament, dissolved by his majesties proclamation, bearing date the 18th. day of january 1680. sir william blacket had the honour of dying in that service, upon which the said town unanimously chose their present mayor nathaniel johnson esq; who accordingly this last session of parliament gave his attendance at westminster, and had the honour of knighthood conferred on him by his majesty. sir nathaniel's residence being at present in london, the said town of new-castle sent him the following letter newcastle upon tyne (england). town council. maddison, henry. aut johnson, nathaniel, sir, d. 1712. 1 sheet ([1] p.) s.n., [london : 1681] signed and dated: new-castle 22d. january 1680 [i.e. 1681]. henry maddison, deputy mayor [and 6 others]. year given according to lady day dating. imprint from wing. reproduction of the original in the harvard university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng carr, ralph, -sir, 1633 or 4-1709. blackett, william, -sir, ca. 1620-1680. england and wales. -parliament. -house of commons -history, (17th century) -early works to 1800. newcastle upon tyne (england) -history, (17th century) -early works to 1800. 2008-01 tcp assigned for keying and markup 2008-02 spi global keyed and coded from proquest page images 2008-03 john pas sampled and proofread 2008-03 john pas text and markup reviewed and edited 2008-09 pfs batch review (qc) and xml conversion the town of new-castle upon tine having elected sir william blacket , baronet ; and sir ralph carr , knight . their burgesses , in the late parliament , dissolved by his majesties proclamation , bearing date the 18th . day of january 1680. sir william blacket had the honour of dying in that service , upon which the said town unanimously chose their present mayor nathaniel johnson esq ; who accordingly this last session of parliament gave his attendance at westminster , and had the honour of knighthood conferred on him by his majesty . sir nathaniel's residence being at present in london , the said town of new-castle sent him the following letter . sir , we receiving an account from several hands of his majesties declaration in councel , to dissolve this present parliament ( and call another in march next ) had a general meeting this morning of the aldermen , who came to this resolution as an acknowledgment of the good service you have done the corporation , to make it our request to you and sir ralph carr , that you would please to continue our representatives , and our service and endeavours shall be used herein , which we hope will be a means to preserve unity in this place , and avoid the great disorders formerly committed in these affairs , and doubt not but the same will produce an unanimous election ; so desiring your ready compliance herein , and your answer to , sir , your humble servants , henry maddison , deputy mayor . timothy davison . ralph jennison . robert roddam . nicholas fenwick . george morton . joseph bonner sheriffe . new-castle 22d . january 1680. a true relation of the taking of newcastle by the scots by storm, on the 19 of october, 1644 as it was certified to a worthy member of the house of commons, from one of the commissioners there and from another gentleman, both which were eye-witnesses of it : together with a true relation of the state of tinmouth castle, and of the plague in it, and that it is likely shortly to be surrendered. this text is an enriched version of the tcp digital transcription a63726 of text r8789 in the english short title catalog (wing t3052). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 6 kb of xml-encoded text transcribed from 4 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a63726 wing t3052 estc r8789 11905590 ocm 11905590 50662 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a63726) transcribed from: (early english books online ; image set 50662) images scanned from microfilm: (early english books, 1641-1700 ; 230:e14, no 9) a true relation of the taking of newcastle by the scots by storm, on the 19 of october, 1644 as it was certified to a worthy member of the house of commons, from one of the commissioners there and from another gentleman, both which were eye-witnesses of it : together with a true relation of the state of tinmouth castle, and of the plague in it, and that it is likely shortly to be surrendered. r. f. (robert fenwick) e. m. (edward man) [7] p. printed for ben: allen ..., london : 1644. the first of three letters signed: r. f. (i.e. robert fenwick cf. bm) the second letter signed: e. m. (i.e. edward man cf. bm) reproduction of original in thomason collection, british library. eng newcastle upon tyne (england) -history -siege, 1644. a63726 r8789 (wing t3052). civilwar no a true relation of the taking of newcastle, by the scots by storm, on the 19. of october, 1644. as it was certified to a worthy member of th [no entry] 1644 1069 1 0 0 0 0 0 9 b the rate of 9 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2006-10 tcp assigned for keying and markup 2006-10 apex covantage keyed and coded from proquest page images 2006-11 mona logarbo sampled and proofread 2006-11 mona logarbo text and markup reviewed and edited 2007-02 pfs batch review (qc) and xml conversion a true relation of the taking of new castle , by the scots by storm , on the 19. of october , 1644. as it was certified to a worthy member of the house of commons , from one of the commissioner , there : and from another gentleman , both which were eye-witnesses of it . together with a true relation of the state of tinmouth castle , and of the plague in it , and that it is likely shortly to be surrendred . london , printed for ben : allen in popes head alley . 1644. a true relation of the taking of newcastle . sir , i hope you will excuse my long silence , which hath not proceeded from any unmindfulnes , or want of respect to you , but from want of opportunity , being so much pressed with businesse : wee are but lately returned from setling cumberland and westmerland , and now happily come to the taking in of newcastle , at which action wee were this day present , and were witnesses of a great deal of gallantry shewed by thy the souldiers on both sides , in hot service . that unhappy man , the major , who these three or four daies hath treated only for advantage , ( three commissioners from the army being yesterday sent into the town to treat upon their sending forth of hostages , after almost a dayes debate , broke off , and returned without hope of obtaining it upon any peaceable termes : ) this morning the major sent forth a drummer with a letter , enjoyning him to deliver it with his own hand to generall leven , if there were such a man in the world ; for he did beleeve he was dead . the generall returned him answer by the messenger , hee hoped to doe him some service yet before he died . this morning after our batteries began to play , they jeered our men from the town , bidding them , come on you cowardly rogues , if you dare , who before night were glad to sing another song , & crave quarter for their lives . we made 3 breaches in the walls with cannon , and immediatly after sprung four mines ; all which took well : and thereupon entred them all at once . the major and scotch lords are got into the castle , and have sent to crave quarter . our footmen are in the town , our horse keep guard without this night ; and to morrow ( god willing ) wee intend to goe in with my lord generall , to give praise to god in the churches . it is iate , and we but newly come from the service , so i must hasten to make an end . i refer you further to our letter to mr. speaker . benwel octob. 19. 1644. your assured loving friend to serve you r. f. another relation of the taking of newcastle , sent in a letter to a member of the house of commons . sir , after our unfortunate major had refused all proffers of honour to himselfe and towne , this day about two of the clock in the afternoone , the lord general commanded his men to fall on , where they had made breaches , and spring mines , which they did very resolutely and gallantly , god was with them , for they were never put to any retreate in any place , i saw them all the time , being with my l. generall , for the most part of the storm . the major took the castle for a sanctuarie and tooke downe his flaming flags , and put up the white , then the souldiers laid downe their armes and colours , and left them , and so they are possessed of the town : and the major hath sent to the lord generall to render the parsons , from the new gate to the close gate : i am perswaded not one hundred men slaine , what more of ours in other parts or in towne i know not , and what of theirs ; i thought once to have gone into towne this night , but durst not , till the storme was wholly allayed : to morrow i intend to waite on his excellencie and sir william armine to give god thanks for this great gaine , being the considerablest place in the kingdom for the parliament . the storme lasted two houres or thereabouts , it was very hott and managed bravely , on both parts till the towne was over mastered : i forbeare to enlarge wishing god may give us thankfull hearts that our and gods ▪ malicious and malignant enemies are thus happily entrapped , howsoever all my goods they are like to bee a prey to the souldiers as well as others , in common judgement there is seldome difference ; i have not any manner of thing out of towne , yet i am happie god made me a spectator of the fall of those wicked men who were borne to ruinate so famous a towne , the majors house or some other adjoyning are burning , yet my lord general hath given order for the staying off the fire if possible . the post stayeth i may not enlarge , so with my love to your good wife and henery dawson his wife and mistresse fenick , i rest your ever loving friend e. m. from benwell within a mile of new castle october 19. 1644. tinmouth castle ( as appeares by a letter sent from sir thomas riddles junior , to sir thomas glenham governour of carlile , which letter was entercepted ) wherein he certifies that the plague hath broke out within the castle , 8. men are dead , and 60. more infected , who are put into lodges in the fields , and the chiefe chiurgeon there dangerously sicke , who i hear is since dead , so as it is conceived most of the rest that are in the castle will run away , because of the infection . your assured loving freind g. f. a true experimentall and exact relation upon that famous and renovvned siege of nevvcastle, the diverse conflicts and occurrances fell out there during the time of ten weeks and odde dayes: and of that mightie and marveilous storming therof, with power, policie, and prudent plots of warre. together with a succinct commentarie upon the battell of bowdon hill, and that victorious battell of york or marston moore, never to be forgotten. / by him who was an eye witnesse to the siege of nevvcastle, william lithgovv. lithgow, william, 1582-1645? this text is an enriched version of the tcp digital transcription a88366 of text r200156 in the english short title catalog (thomason e292_31). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 63 kb of xml-encoded text transcribed from 16 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a88366 wing l2545 thomason e292_31 estc r200156 99860961 99860961 113088 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a88366) transcribed from: (early english books online ; image set 113088) images scanned from microfilm: (thomason tracts ; 48:e292[31]) a true experimentall and exact relation upon that famous and renovvned siege of nevvcastle, the diverse conflicts and occurrances fell out there during the time of ten weeks and odde dayes: and of that mightie and marveilous storming therof, with power, policie, and prudent plots of warre. together with a succinct commentarie upon the battell of bowdon hill, and that victorious battell of york or marston moore, never to be forgotten. / by him who was an eye witnesse to the siege of nevvcastle, william lithgovv. lithgow, william, 1582-1645? 31, [1] p. printed by robert bryson., edinburgh, : 1645. at foot of t.p.: cum privilegio. annotation on thomason copy: "july 15". reproduction of the original in the british library. eng newcastle upon tyne (england) -history -siege, 1644 -early works to 1800. great britain -history -civil war, 1642-1649 -early works to 1800. a88366 r200156 (thomason e292_31). civilwar no a true experimentall and exact relation upon that famous and renovvned siege of nevvcastle,: the diverse conflicts and occurrances fell out lithgow, william 1645 10880 27 0 0 0 0 0 25 c the rate of 25 defects per 10,000 words puts this text in the c category of texts with between 10 and 35 defects per 10,000 words. 2007-03 tcp assigned for keying and markup 2007-04 apex covantage keyed and coded from proquest page images 2007-05 robyn anspach sampled and proofread 2007-05 robyn anspach text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion a true experimentall and exact relation upon that famous and renovvned siege of new castle , the diverse conflicts and occurrances fell out there during the time of ten weeks and odde dayes : and of that mightie and marveilous storming thereof , with power , policie , and prudent plots of warre . together with a succinct commentarie upon the battell of bowdon hill , and that victorious battell of york or marston moore , never to bee forgotten . by him who was an eye witnesse to the siege of nevvcastle , william lithgovv . edinburgh , printed by robert bryson . 1645. cum privilegio . a just and exact discourse , upon the siege and storming of nevvcastle , with a succinct commentarie upon the two battells of bovvdon hill and marston moore . in these turbulent times , when opinions grow variable , and the diversity of doubtfull reports more voluble than the rushing winde ; yet have i adventured ( like to an old practicioner , in prose , poesie , and unparalelled peregrination ) to cast in my myte of known experience , upon the brazen faces of ignorant understanders , that with the knowledge of my quotidian inspection , i may either enlighten their blindesse , or give truth the glory of a just deserving . and why ? because now too too many calumnious criticks , being more prone to censure other mens labours , then to do any thing themselves worthie of censure , yet dare to upbraid that which hardly their sinistruous judgement can rightly construct . the world being turned to such a crabbed and crooked condition , that either they will approve what they conceive , though never so erronious , or otherwise disprove that which they affect not , though never so illustrious . wherefore damnifying the one , and villifying the other i come to court my present purpose ; and thus i begin ▪ this long cross'd labour , now it comes to light , and i , and my discourse set in my ▪ right , which reason craved ; for where can truth prevaile , but where sound judgement may it countervaile . for what seek i ? in what these times afford , but of my countries praise , a just record , which god allows ; and what can contraires bring , but man for men , the light of truth may sing , else after ages would be borne as blinde , as though our time , had come their time behinde : for curious penmen , and the paper scroule , they are of memorie , the life and soule . after our first army ( levyed in the hollow time of winter , 1644 and led by the earl of leven lord general ) had with certain oppositions recoursed over tyne , and thence falling downe to sunderland , situate upon the river weir ( durhams dallying and circulating consort ) after , i say , they had beene provoked by the lord newcastle , and lieutenant generall king , upon the sabboth day , to give them battell ; it was skirmished and fought two dayes together at bowdon hill , march 20 , 21. 1644. whereby the great mercy of the divine providence , that laudable ▪ victory fell to our armie , and the enemie in a retyring way flying for durham , fled shortly thereafter in a confused march unto york . to which place ( their refuge ) his excellence with our army mainly advancing , beleagured the greater halfe of the towne ; the earle manchester , and lord fairfax envyroning the rest . where diverse weeks and dayes being spent , in advancing their works , their atchievements , and other approaches , there fell out ( interim ) certaine accidentall skirmishes and countermatching assaults . in one of which , that mirrour of mars and manhood , lieutenant cōlonell ballantine was deadly wounded , whereof he dyed : a large subject have i here to handle , if time might suffer me , but true it is , hee was a cavalier of such extraordinary fortune ( being onely 28 years of age at his last vale ) that in germany , ireland , and twice in england , hee became exceeding auspicuous in martiall affaires , though indeed he was best understood under the name of major ballantine . all which discourse , and this epitomizd memoriall , i purposely abandon till a fitter time ; and so i returne to my former commentary , and thus : this siege of yorke continuing still with many fortunate and misfortunate adventures , at last our severall armies were enforced to incorporate themselves in one maine body , and that on long-marston moore . where the day following prince rupert imbracing their left field : our armie upon advertisement thereof , were engaged to make a speedy returne , for rancountring the enemie , and to recover that ground which formerly they had freely forsaken : which in the end , amongst many difficulties and mighty oppositions , they both adventerously and advantagiously obtained , to the enemies absolute overthrow , and their own victorious safety . the summarie whereof , i now involue in these following lynes , as unwilling to imbarke my selfe within the lists of intricated passages , or too peremptory and punctuall particulars ; and why ? because i was not there an occular testator , and so to build upon the wings of flying report were meerly erronious , ( the diversities whereof being already innumerable and incredible ) but only done by way of introduction , to bring me the more facily upon the face of newcastle , or otherwise more properly , to enlighten memorie for present and future times . and thus , in iuly last , the second day and more , one thousand , six hundred , fourtie and foure ; on marston moore , two awfull armies met , oppos'd then stood , one 'gainst another set , to quarrell for religion , and that light , which far excels all humane power and might . ( and yet the darknesse of these dangrous times , would faine ecclypse gods glory , and mens crymes , but here i stay , lest that in straying much , i gall the mighty , and the loftie touch : ) then cease sad muse , returne and let me show this sequell stroke , for now begins the blow : to worke they go , well ordred on both sides , in stately posture ; experience divides in regiments and brigads , horse , and foot , two mightie armies ; then began to shoot , the roaring cannon , and their eccheing worce ! made hills and dales rebound their violent force , that fell on fatall breasts ; the musket shoures went off like thunder ; pryde and strife devoures the saiklesse standers ; the naked sword and pyke , commanded crueltie , to push and strike ; which been obeyd , the drum and trumpet sounded , some here some there fell downe , some deadly wounded , on all hands there was slaughter . and what worse , some of our foot were troad by our owne horse , and fairfax too . but true it is that course , brought fame to some , to others sad remorse , which sorrow felt ; and yet our staile stood fast , and wrought a passage on their foes at last , that made opposers quake : wings and reserves , by hard pursuit , on their part shortly swerves : for truth enragd , these romish butchers fled , gorg'd with atheisme ; their bastard bloud they shed like jezabels on ground ; and there was left for dogs to glut on , so their lives were rest , with admiration , that the world might see the heavens and scots , gaynd both , one victorie . which in them was engrossd , and wondrous too , for what could valour more for valour do than they that mannd this battell : it is true , that valiant men would have a gratefull due to cherish fame : so they our northren hearts ( as stout as steele ) dischargd their manly parts . where noble lindesay , earle of crawfurd now , stood bravely to it , made his foes to bow : and left no ground , nor did his foote remove such was his courage , graft in iesus love : then here his badge , which well his worth may yeeld a lamb at home , a lyon in the field and so he prov'd : where then all happie he ! seald up his name in tymes eternitie . so forward eglintoun , he actd his part , and fiercely road , with a couragious heart to front his foes : where in that conflict he installd his name , 'mongst peeres of chivalrie : where his brave sonne , behav'd himself so well , some may come near , but none his worth excell : which if we had , as romanes wont to have a twofold triumph , might their merit crave . what should i speak of baillie , but admire . how th' heavens his mynde , with noble gifts inspyre , for manners , manhood , wisedome , skill , and wit , both mars and pallas , in his bosome sit ; their throne , his heart , their honour , his desert where judgement raignes , there knowledge bears a part ▪ and understanding too : for now these three crowne all his gifts , with love and modestie . for laureat lumsdale , fixt in bellones camp procurd what hee deserves ; became that lamp which crownes a chiftayne : and his fame to blaze , still as he acts , the world may sing his praise : there , there , he stayd , and stood so stronglie to it mongst mortall men , no champion , more could do it . then gallant leslie , leader of our trowpes ▪ traversd alwhere : mad spytete valour stoupes ; vvhere he ! adventrous he ! spurrd up and downe and cleard the field ; regaynd that delphian crowne which courage fought for : and what worth allowes , a laurell garland , may decore his browes ▪ last here and there , the ground with slaughterd corps was cled from york , to five adjacent dorps : the blood lay on the grasse , like shoures of rayne that fill the furres : the heapes of them were slaine like dunghills were ; that on the wearie fields some fought , some fled , some stood , and many yeelds : that even me thought , the groans of rome , and spayne , were heard the coast about , on shoare and maine : and father falshood , swore their iesuit plots could not prevail , gaynst our triumphant scots : the enemie thus quelld , and scatterd round alwhere about , nay ; some in everie ground ▪ in came the lord of hostes , and he proclaimd the field was his , or what more could be nam'd for person , place , or time ; for he alone ! beat downe that dagon , babells idoll throne . and buryed superstition , and blynd rites : within the gulf , of ever gnashing sprits : for which be praise , to whom all thanks and power , from this time forth , and so for evermore ▪ within a few dayes thereafter , upon considerable conditions , the citie of york yeelding , and the lord fairfax made governour thereof , our most victorious general and his redoubted army with great expedition , returned through yorkshyre , and bishoprick for newcastle , to assist that noble and judicious chiftayne , of whom now ( as it is my mayne purpose ) i begin to discourse of his , and their proceedings ; and as impartially , as an honest heart may do , without either flatterie or favour . in this last springtydes second expedition . 1644. for england ; our parliament then sitting , iames earle of calendar , lord almond , was selected and appoynted by them , to be lord lieutennant generall of all our scottish forces in scotland and in england . whereupon a considerable armye being leuyed , consisting of six thousand foote , and eight hundred horse , he advanced for northumberland , and courting tweed , crossd the tyne at newburne . where his armye reposing all night , made me call to minde , these following lynes , i wrote upon that former conflict fought there foure years agoe . 1640. let conway bragge of armes , and his great horses , let papists boast of men , and their fled coarses , let newburne rayle on tweed , and curse their tyne . let prelats sweare , the fault was thine and mine : i 'le tell you newes , their popish drifts and plots were curbd and crushd , by our victorious scots . the day following our aforesaid armie accoasted lumley castle , where sojourning certaine dayes , the lord calendar , with a number of horse and foot ( in this time ) set face for hatlepoole and stocktoun . where , when come , and after a promiscuous parleye , seazing upon both townes , he left garrisons there , and governours to overrule them . whence returning to the residue of his armye , lying at lumleye , he set forward to osworth . from which place my lord calendar , sending some horse and foote to clear the way for the gatesyde , they were rancountred with the enemye , at the tope of the wynd mill hill , where being prevented by night , and theenemye stronger than they , they were constrained to turne back . whereupon the next day the lieutennant generall himselfe , came up with the residue of his armye , and fiercelie facing the enemy , beat them from the hill , chased them downe the gatesyde , and hushing them along the bridge , closed them within the towne . hereupon he forthwith commanded the gatesyde , and then the next day he begunne to dispute for the enjoying of the bridge , with the fierie service of cannon and musket , which indeed was manfully invaded , and as couragiously defended . yet at last , in despight of the enemy he gained the better halfe of the bridge , and with much adoe fortified the same with earthen rampiers , and artilerie , which still so defensively continued , untill the towne was taken in by storme . this being regardfully done , he caused to erect five batteries , along the bankhead , and just opposite to the town , from whence the cannon did continually extreame good service , not onely against the walls and batteries , but also against particular places , and particular persons : besides the frequent shooting of potpieces , and other fireworkes of great importance , which daily annoyed the inhabitants within towne : at the most of which firie imployments the lord calendar himself was ever personally directing them , to the which dexterity of charge , i was often both an eye witnesse and observer . by this time , or there about , his excellence arryving here from york , and accoasting the tyne , he caused immediatly build a bridge over the river of keill boats , over the which his armie having safely and peaceably past , he caused lay downe their severall quarters with great promptitude and expedition : and so beleaguring the west and northwest parts of the town , they inclosed all that circuit , till they joyned with the lord sinclairs regiment ; sheeffield fort ( belonging to the town ) only dividing them : and so this rebellious town was mainly blocked up on all quarters . now , and at this time also , the earle calendar recrossing tyne , tooke presently in sandgate , the one end whereof standing contiguat with the towne wals . where setting sundrie regiments there , and about that place , he forthwith caused to construct a strong bridge of keill boats over tyne ( and within his quarters ) for the passing and repassing of his forces to both sides , and fixed the same a pretty way below the glasse-house . this advantagious passage became very steedable , not onely for the souldiers , but also for the countrey people , that brought in daily provision for the armie . the bridge it self ( being daily guarded with my lord kenmoores regiment at both ends , and a strong centrie set at each of them within two redoubts ) had also three watrie guards of keill boats , tyed with cable ropes , from banke to banke , to secure it from any sudden surprise . now as for the manner of the common souldiers lying here in their severall leagures , and in all parts about the towne , their mansions or domiciles , i meane their houts are composed , of turff , clay , straw , and watles . where their halls , chambers , kitchines and cellars are all one : and yet the better sort ( i mean their officers ) are overshadowed with circulating pavillions , more ready to receive the blustring winde than the sinking raine . then at last , all things being orderly done , and their batteries at sundrie advantages erected ; then ( i say ) begun they to play with cannon and musket at others faces , and often also tempering their naked swords in others bloudy bodies : where courage cassieting despair , and valour desirous of honour , they exposed themselves unto all hazards and dangerous attempts : neither did they feare death ( i meane our owne ) more then an auspicuous fortune , for being clad with consorts , each provoked another to the uttermost of extremities ; and some of them esteeming of the good cause , more than of their owne lives , reserved the one , and lost the other . so also the inveterate enemie , making now and then diverse sallies from towne ( issuing at posterne gates ) upon our flanking trenches , engadged themselves into great jeopardies , and our souldiers to as desperata defence . where indeed they both often tasted of mutuall fatalitie ; till in end , the lord sinclairs regiment , desygned these debording hyrelings a narrower precinct ; which was , to keepe their falling bodies more safely within their sheltring walls , which indeed they constrainedly observed . for the enemy within , were more affrayed of the lord sinclairs souldiers without , then of any one regiment of the army lying about , and they had just reason , recogitating seriously their sanguine blowes and fatall rancounters , which they disdainfully felt . and now before i go any further , i thinke it best to shew the unacquainted reader how the towne is situate , from whence such mortalitie proceeded ; and thus , it standeth mainly upon the devalling face of a continuing hill , falling downe steep to the bordering river , where one narrow street runneth along from sandgate to clossegate . the sandhill ( from which the bridge bendeth over to gateside ) being the pryme market place , whence the two ascending passages , court distinctly high street , and pilgrime street , the two chiefest streets of the towne ; to the bowels of which , there bee other three market places annexed . now besides these there are other two back streets , with five or six contrades , and a number of narrow devalling lanes . the walles about the town are both high and strong , built both within and without with saxo quadrato ; and maynely fenced with dungeon towres , interlarded also with turrets , and alongst with them a large and defensive battlement , having eight sundry ports , and four parochiall churches : the which walles , the defendants within , had marveilously fortifyed , rampiering them about , at most eminent parts , with interlynings and mountaynes of earth . the streets that were answerable to their barrocaded ports , and in frequent passages , were also casten up with defensive breastworks , and planted with demi-culverines of irone : and above all other workes , the towne castle it self , was seriously enlarged , with diverse curious fortifications , besides breastworks , redoubts , and terrenniat demilunes ; and withall three distinctive horne-workes , two of which exteriourly are strongly pallosaded , and of great bounds . nay , the very capstone of the battlements round about the towne , were surged and underpropd with little stones ; that in case of scalleting , they might have tumbled them over upon the assailants : which indeed for the facility of the action , schoole boyes might have performed . yea , and all the gapes of the battlements , were shut up with lime and stone , having a narrow slit in each of them , through which they might murther our souldiers ; and secure themselves from a just revenge . the graffe about and without , was digged deeper , and the exteriour root of the walls , were steeply lyned with clay-mixt earth , to intercept any footing for leddars , or climbing thereon : all the ports about were closed with lyme and stone , and strongly barrocaded within , having no passage save at little posterne doores , where they had their quotidian intercourses . the townes maine constructure rysing upwards , divides it selfe in two corners , the one north at weavers tower , the other south west at hatmakers tower , decyphering two hornes , like unto calabrian females with their bogling busks ; but indeed more like unto the novacastrians themselves , that retrogradingly adorne their cuckolds frontespices , with the large dimension of acteons monsterous-made hornes . vpon the townes northeast side , and a little without , there was a fortresse erected , called sheiffield fort , standing on a moderate height , and champion-like commanding the fields ; the modell thus : it standeth squarely quadrangled , with a foure cornerd bastion at every angle , and all of them thus quadrat , they are composed of earth and watles ; having the north-east side of one bulwarke pallosaded , the rest not , save along the top of the worke about , they had laid masts of ships to beat down the assailants with their tumbling force . at the entrie whereof there is a wooden draw-bridge , and within it two courts du guard , the graffe without is dry and of small importance , save onely that repugnancie of the defendants within , which commonly consisted of three hundred men . and now to close this topographicall description , the invention , policie , nor wit of man , could have done more , than they did within and without for their own safetye , either for military discipline , or manly prouesses , in their owne desperat defence . of whom our owne countrey-men , were the cheeffest actors , both for the one and for the other ; and the onely cause of so much bloodshed , and losse of lives as wee sustayned ; which makes me recall this italian proverb ; iddio miguarda dall ' odio di mei amigi , perci●ches● bene ●guardar mistesto dall ' ▪ ●di● di mei inimigi . the lord keep me from the hurt of my friends , for i know well how to keep mee from myne enemyes : a thing now adayes so frequent , that where all should stand for amoris patriae , there many stand now for doloris ▪ patriae ; and declyning from that auncient and native duety pugne propatria , they involue themselves ( without either honestie or honour ) to extermine the lyves and libertye of their patria ; where strugling with their own strife , they often deservingly fall in the extreame madnesse of desperation , where now leaving them to their left selves , i revert to my purpose . the walles here of newcastle , are a great deale stronger than these of yorke , and not unlyke to the walles of avineon , but especialy of ierusalem . being all three decored about the battlements , with litle quadrangled turrets ; the advantage resting onely upon newcastle , in regard of seventeen dungeon towres , fixt about the walles ( and they also wonderfull strong ) which the other two have not . yet what availeth either towres , walles , or turrets , where the force of armyes command ; nay , just nothing : for indeed these walles with their pendicles , were first erected to resist the scottish invasions , and yet in vayne , for now we have shaken their foundations , and by the same strength they relyed upon , we have by the selfe same meane overthrowne them , all glorie be to the god of glorie therefore . as for the inhabitants resyding within , the richest or better sort of them as seven or eight common knights , aldermen , coale merchants , pudlers , and the like creatures are altogether malignants , most of them being papists , and the greater part of all i say , irreligious atheists . the vulgar condition being a masse of silly ignorants , live rather like to the berdoans in lybia ( wanting knowledge , conscience , & honesty ) than like to wel disposed christians , plyable to religion , civill order , or church discipline , and why ? because their bruttish desires being onely for libertinous ends ; auarice , and voluptuousnesse ; they have a greater sensualitye , in a pretended formalitye , than the savage sabuneks with whom i leave them here engrossed : and now forsaking this present introduction , i come backe to my continewing discourse . the siege growing dayly more and more hotter and hotter , at all quarters , and in all places , as we le in the one side , as in the other ; then , and at which tyme ( i must ingenuously confesse ) that these indefatigable pains my lord calendar took , were more than praise worthy , for late and early , and at all times , he was extraordinary carefull , paynefull , and diligent , in overseeing here and there his mynes , in directing his batteryes , in managing privat and prudent ends for a publick good , in dispatching of messingers and messages , and in ordering of his souldiers atchievements , by night or by day as they were imployed ; insomuch that his industrious , and vigilant actions , became a merveilous amazement ; to all these that were acquainted with his paynes , and for my part , to shunne ingratitude , worthy of deserved memorie . the chief cannoneirs , that were upon his five batteryes in the gatesyde , were william hunter captain of the trayne of artillerie , iames scot , robert spense , and william wallace , men of singular skill ▪ and many moe , which i purposely ( to avoyd prolixitie ) omit : and now from here and hence , the lievtennant generall traversing hourely the river to his other batteryes , and workes at sandgate being onely two , he was ever in a fastidious action ; one of which batteries , beat downe the top , face , and upmost parts of carpenters tower unto the dust . the other batterie had been newly erected for repulsing the enemy from intercepting our mines . yet notwithstanding whereof the nullifidians within , discovered the lowest myne next to the river syde : the which my lord calendar perceaving , and thrusting a pyke with his own hand , through the renting division , and to prevent the drowning thereof , gave presently order that the next morning it should be sprung : which accordingly done , it tumbled over the demi-hornewark , dissapointed the enemye , and became a shelterage to our encroaching souldiers . the other three adjacent mynes , were not as yet reddy , neither now to be imployed as after you shall heare . about this same time . september . 29. the lord lieutennant generall baillie upon the townes north syde , and near to st. andrews church , gave order ( for their his batterie lay ) to brash downe a part of the towne wall , which in three hours space was fortunatly accomplished ; where the wall fell down , within half a yard of the roote , and so large that ten men might have marched through it in a front . this tryall gave indeed a great encouragement to our armye ; and why ▪ because then our commanders , were assured , that if their mynes should be dissapointed , the brashing of the walls should be their last advantage . and yet this breach was never pursued , in regard the enemie under the shaddow of a blynd of canvesse , reenforced , or barrocaded it with trash and timber . vpon weddinsday following at morne . octo. 3. the enemy discovered and drowned two of our mynes with watter , and the next day ensuing another also . whereat the enemie growing insolent , gave order for ringing of bells all night , to consolate ( as it were ) the distressed mindes of the starving communaltie , who rather fed upon violent necessitie , than any other kinde of cherishing or comfortable reliefe : being whiles flattered with impossibilities , and other whiles tyrannized over , by the malicious malignitie of the mercilesse , and now miserable maior . for true it is , that this sir iohn ▪ marley their governour , an oeconomick polititian , more wilfull than skillfull , did so inveigle , and blindfold the common multitude , that these letters which hee sent to our lord generall , were all read by him in publike to them , being too peremptorie and impertinent : but for the answer of his excellence that came to him , he concealed them all , making them to believe ▪ that he would admit of no condition , nor grant any safety longer than the revenging sword , might overreach their necks . all which being falsly and perfidiously spoken , was onely to irritate their doubtfull dispositions , and to incense their desperate condition , with the deceit of a treacherous despaire , to make them bolder for their dreadfull defence : for indeed there was an order condescended upon , by the committee , some five weeks before their ruine approached , which was , that if they should render in time , and prevent the greater effusion of bloud , they should have faire and free quarters , and all these liberall conditions , that people in the like case , could either look for , or require . but all these profers or offers , were by the maior vilified , and by him concealed from the people , till their day of desolation was declared . and now the coppies of these intercoursing letters being lately published to the vulgar world , and striving to relinquish unnecessary particulars , or any obvious rancounter of small consequence , i come to the maine point : and thus , after ten weeks siege and odde dayes , with many disastruous affronts , following on all hands , there was a parley appointed being fryday october 18. where in the forenoone our three commissioners , the lord humbie , the laird of wedderburne , and iohn rutherfurd provest of iedbrugh , went in ( the three hostages from the towne being formerly come forth ) ours , i say , accoasting the maiors presence , there were diverse propositions and answers by both parties delivered , but to no purpose nor effect . the maior ever dallying with drifts and delayes to procrastinate time , till they had discovered our two chiefe mines , which indeed were very near the point : yet neverthelesse ( in a jeering way ) our commissioners being dismissed after five houres conference , and their pledges returned ; the next morning early the untimely preventing maior , sent forth a drummer , to the lord sinclair with two letters ; the contents of one was thus , my lord , i have received diverse letters and warrants subscribed by the name of leven , but of late can heare of none that have seen such a man ; besides , there is a strong report hee is dead : therefore to remove all scruples ▪ i desire our drummer , may deliver one letter to himselfe ; thus wishing you could thinke on some other course to compose the differences of these sad distracted kingdomes , than by battering newcastle , and annoying us who never wronged any of you , for if you seriously consider , you will finde that these courses will agravate , and not moderate distempers : but i will refer all to your own consciences , and rest , your friend . john marlay . newcastle 19. october . now let the judicious reader observe , how detestable a thing it was to see this improvident man brought to such extremity , ( that he could neither pitie himselfe nor yet a populous towne ) when he was just upon the point of life or death to wryte thus : for indeed long before night ( for all his base derision ) he knew his excellence to be alive , and found deservingly the smart of it : and now not to forget any maine circumstance , the maior , the former night , recalled the souldiers from sheeffield fort , to strengthen the defendants within towne ; but ere they left the fortresse , they despightfully burned their two courts du guard to the ground , and so retired : now the sequell day come , being saturday , october 19. ( and that day which from age to age newcastle should never forget ) there were certaine commanded men , from every regiment drawne up , the officers , i say , having first in their owne quarters throwne the dyce , who should goe in the adventure ( fewest blacks destinated thereto ) they marched away to all their severall stands about the walls , againe ten of the clocke in the forenoone . meanewhile the night before was the earle of calendars cannon carried about , to supply and strengthen the four batteries that were to brash the wals , where with the rest they did exceeding good service . now the mynes being ready to spring , and the batteries brought to their greatest perfection , about three a clock in the afternoone , the two most available mynes were sprung , one at the whytefriers tower westward , and the other , neare carres fort , or sandgate eastward ; ( notwithstanding there were other two sprung here , one of which miscarried ) so also , i say , the breaches of the walles by the batteries being made open and passable , and leddars set to at diverse parts for scalleting : then entred mainely and manfully all the regiments of our commanded men at all quarters , but more facily and lesse dangerous where the mynes sprung : the greatest difficultie , and mightiest opposition , nay , and the forest slaughter we received , was at the climbing up of these steep & stay breaches , where truely , and too truely , the enemie did more harme with hand garnads , then either with musket , pyke , or herculean clubs : this club hath a long iron-banded staffe , with a round falling head ( like to a pomegranate ) and that is set with sharpe iron pikes , to slay or strike with ; the forehead whereof being set with a long poynted pyke of iron ; it grimely looketh like to the pale face of murther . the first of the foure breaches , was neare to weavers tower , where lieutenant colonell henderson a reformeir , and major mophet were killed , with many others of speciall and common note . the second batterie was conjoyned with black bessies tower , where major hepburne , captaine corbet , captaine iohn home an edinburgensen , and that renowned officer lieutenant colonell home were slaine . the memorie of whom last now mentioned , i here in this epitaph involue : woe to that breach , beside blacke bessies towre , woe to it selfe that bloudy butchering bowre ! where valiant home , that sterne bellonaes blade , and brave commander fell : for there he stayd arraign'd by death : where now that heart of mars deserves a tombe , on it , a sable herse : yet here 's the end of valour ( fortunes thrall ) the most adventrous , nearest to his fall : and so was he ! though well might he have done , for worth and valour , worne the laurell crowne : but this crownes all , he dyed for christ , and more , christ now shall crowne him , with a crowne of glore . the third batterie was contiguat with that dungeon of westgate ; where these two captaines iohn , and thomas hammiltons were slaine , with sundrie other of our cliddisdale regiment . the fourth and last was low by clossegate , where the earle buckcleughs and lowdons regiments entred , both at their batteries and with scalleting leddars ; whereupon their fell a fierce conflict and the falling enemye repulsed , both with the courage and resolution of our souldiers : and yet we receaved there but small losse either of officers or others , albeit one had been too many , the divyne pleasure and providence excepted . now our men being enterd , and fighting for enterye at all quarters round about , let me pause a while and consider ! how grievous ? and how dreadfull hot , that cruell conflict was for a long houres space : that truelie it was more than admirable ! to behold the desperat courage both of the assailants and defendants : the thundering cannon roaring from our batteries without , and theirs rebounding from the castle within ; the thousands of musket balls flyeing at others faces , like to the droving haylestones from septentrion blasts ; the clangour and carving of naked and unsheathed swords ; the pushing of brangling pykes , crying for blood ; and the pittyfull clamour , of heart-fainting woemen , imploring for mercie to their husbands , themselves , and their children . that me thought ( when now seriously pondered ) their reverberating ecchoes piercing the clouds ; that terrible noyse of fyrie incensed martialists , and that loathsome inspection upon the brazen faces of desperation ; had conjured ( i say ) the heavens to confound and dissolve the earth ; the earth to overwhelme the infernall pit , the carkases of men to lye like dead dogges upon the groaning streets : and man against man to become the object of homicidious and barbarous cruelty ; o! loathsome sight of despayre . neither was this all , for our people in this selfe tyme set a house on fire at clossegate , whereon there fell a meritorious destruction . so had the whole towne beene served ( and a small revenge although it had beene so ) if it had not beene speedily prevented by the relenting pittie of the earle calendar . so was there likewise at this present combustion , a ballenger boat set floting on the flood , full of flaming fire , ( by captaine andrew abirnethie ) to have burned the keye-lockt ships lay there . insomuch that there was no policie left undone , for the destroyer to destroy destruction , nor for a speedy revenge , to bring the ruines of ruine to nothing : yet now returning to observe my methodicall order ; in this most dreadfull conflict , when the commanded brigade of that renowned commander the lord calendar , had breasted and overpassed , that blowneup myne , connexed with carres fort ( where captaine sinclair and other two of lesser note lost their lives ) then i say , they marched celeriously along to the sandhill , with flyeing collours and roaring drummes : meane while and at this instant , the lieutennant generall calendar entering the towne , dispatched and directed , the lord levingston , and killhead , the earle of quensberryes brother , with their two regiments to possesse the walls and to beat the enemie off , all along , betwixt and their passages unto the next breaches northwestward , which was accordingly done : so , and at this tyme , the aforesaid brigade having attained to the sandhill , where rancountering the exasperate enemie with a bloodie salutation , the rest of our westerne and northern brigads , pursuing hotely these shrinking fugitives from the walles , to the choaking market place ▪ where being distressed ( as it were ) betweene scylla and charibdis , they presentlie called for quarters , and laying downe their armes without assurance , some were taken , some were shaken , some stood still , and some fled away to hyde their bleeding bodyes in some secret shelter , yea ; some sate downe by their fathers fire syde , as though they had caryed no armes . upon this surrender ( the major being formerly fled to the castle , with some others of greater and lesser note ) they caused quickly pull downe the red flag on the castle tope , and set up the whyte flag of peace , signifying subjection . this done , the earle calendar , having formerly entered the towne ; with great expedition , gave presently order for quiescing of tumults , and managing disorders , after a considerable way , returned that same night to the gatesyde . so , as he was the first lay downe before the towne , so he was duely the first that entred it ; and that to the great comfort of the inhabitants , because of that unspeakable favour , and undeserved mercy , they then suddenly received , far beyond their merit and our expectation . then begun the whole armie , commanded , and uncommanded ▪ ( observing king davids ancient rule , that they who stayd with the baggage , and they that fought in the field , should share the booties alike ) to plunder , i say , for twenty foure houres time , being an act , of permission , although to no great purpose . and why ? because the common souldiers being onely able to plunder the common people ( although they might have justly stretched their hands further ) had for the greatest part of them but small benefite , excepting only houshold stuff , as bed-cloaths , linnings , tanned leather , calve skins , men and womens apparell , pans , pots ▪ and plates , and such like common things . but our prime officers , i say , and others of that nature , by infringing the common souldiers , infringd themselves , and spoyled both their fortunes : for they investing themselves in the richest malignants and papisted houses , by way of safeguard , had but small compositions for all their protection , and compelled centries ; where otherwise they might have justly and lawfully seazed upon all their enjoyments : but this ancient proverb holdeth good here , that scottishmen are aye wise behinde the hand , and so were they : and as they abused their victorie in storming the towne , with too much undeserved mercy , so they as unwisely and imprudently overreached themselves in plundering the towne , with an ignorant negligence , and carelesse ommission . and as they thus defrauded themselves , with a whistle in their mouths , so they pitifully prejudged , by this their inveigled course , the common souldiers of their just due , and dear bought advantages . for by your leave , if a souldiers industrie be not quickned and animated with bountifull rewards , hee hath lesse will to performe any part of martiall service , than a dead coarse hath power to arise out of the grave : for what can bee more precious to man , than his bloud ? being the fountaine and nurse of his vitall spirits , and the ground of his bodily substance , which no free nor ingenious nature will loose for nothing . and whosoever shall argument or discourse upon sound reason , and infallible experience , may easily ▪ prove and perceive , that these commanders have ever best prospered , which have most liberally maintained and had in singular regard militarie arts and souldiers . otherwise the honourable minde would account it a great deale better to have death without life , than life without reward : yea , and the noble commander , desiring rather to want , than to suffer true worth unrecompensed . i could instance here many examples of ingratitude in great persons , that by their too much wretchednesse to souldiers , have first lost themselves , and then their kingdomes , and principalities ; but i desist , onely lamenting what i saw here , the recitation of which ( amoris patriae ) i forbear to touch . and as the spaniard saith well , nella bocca serrada non ci entra las muscas ; that is , when the mouth is shut , the flees cannot enter in the throat ; so saith the italian to this same purpose , assaisa , che nòsa , chi sia , hee knoweth enough that can misknow , the thing he knoweth : and the poetick proverb is thus , dic pauca , multa vide , disce quam plurima pati , nam multum juvant , h●c triasaepe viros . speake little , see much , learne to suffer more , for these three oft , help men , the world all o're . and now closing these comparisons , i proceed to my methodicall discourse . as for the number of our souldiers , that were lost at the storming of this obstinate and unhappie towne ( not reckoning the fatalitie of other times ) they extended to three hundred lacking one , of whom there were thirtie eight officers of six distinctive kindes , besides seven or eight hundred , that were diverse wayes ill hurt , of which wounds , some have lately dyed since that time ▪ and now i recall , that these three sieges of breda , york , and now newcastle , were all of one dyet , though not at one time , and did each of them so nearly sympathize one with another , in the computation of ten weekes and odde dayes , that they may all three rest now contented , to live under the substant shadow of an honest and honourable subjection . yet when i consider here the malicious obstinacie of newcastle , and thereupon the storming of it , i am ravished with admiration to behold , how in the heat of bloud , and goaring slaughter , they got so soon mercie and quarters ; that me thinketh there was not the like mercie showne in such a case , since the deluge of the world . nay , and ( alas ) showne unto an impenitent and pernicious people : when contrariwise , the lives and goods of man , wife and child , within that refractarie towne , ( for their railing ●●d blasphemie dailie abounded ) were in the power and pleasure of our victorious armie . the which favour i dare avouch , may be a paterne to all succeeding ages enduring time , for pity , pardon , and piety . and to instance heere the contrary example , you shall see , and that within these twenty years past , how the populous and once famous city of madenburg in germany , ( being all protestants ) was beleagured with the imperiall forces . whereafter diverse parleyes , and subtile drifts , the enemie on a sudden stormed the town , where forthwith they slew eleven thousands , of men , woemen , and children : and the next morning , their divelish despight , growing wearie of that murdering slaughter , unnaturally , and unmercifully , threw headlong eighteene thousands of them in the river : so that none escaped in the whole city of young or old , save onely foure hundred that fled into a church . and striping these starke naked , sent them away , and plundering all the goods of the towne , at last razed it to the ground , by which crueltie this famous universitie , as it was first sacked , and then burned with fire , so the people were both slayne with the sword , and drowned with the watter ; o pittifull destruction . and that river which formerly had brought them profit and pleasure , was then suddenly become their death and sepulture . this fragrant flood ! that wont to serve and please , their trade with gayne , their paines with pleasant ease ; yea ; filld their hearts with pleasure , beauteous strayes , to see a river , passing free allwayes . the banks along adornd , with stately trees that daylie payd , kynd tribute to their eyes ; where flourie meeds , round hills , salubrious fields , enclosd this closure , and their custome yeelds with swelling brookes to help it . this rare piece ! became more sweet , than tempian streames in greece ; and gracd their schooles and science , lib'rall arts , where learning floorishd , vertue light imparts . yet fatall elue , was now thy glutting wombe that fed their lust with fish , become their tombe , and swallowing grave ? art thou sad dismall bounds that plunging sepulcher ; ingulfd with wounds hatchd from thyne euripus ; gaynst natures tract as death had summond thee , to doe this fact . no , no , i grant ( this losse ) their detriment , sprung not from thee , dumb sensles element ; but from these cruell hands , that straind thy strength to murder natures glorie , where at lenth they sunk within thy bosome ; then ! thou roard and all thy brinks about , their fall deplord ; and sought the heavens , as iudges to revenge this parracide , and that slayne cities change . now miserable newcastle ! what canst thou say ? that was not dealt at all with such tyranicall crueltie , when thou hadst deserved a worser destruction than they , who stood out onely for religion , you having litle or none at all . then what shall i say , but that your desolation may come yet on a sudden , unlesse you a mend your wicked lives , and with ninivie turne to the lord with prayer and fasting . ever acknowledging the great goodnesse and clemencye of scots-men , so undeservingly exposed upon you a headstrong and sedicious people . yet notwithstanding whereof , thy sydes are shaken and torne , thine edges broken downe , and the burden of thy miserie , lying sore upon thy shrinking shoulders . which makes me now call to minde , the miserable effects of warre ( howsoever deservinglie fallen upon thee ) the nature of which , i here involve in these lynes . o woefull warre ! that lessens wealth and strength , and brings the ruines of ruine at lenth : it doth dishonour honour , and degrade the mightieman from what his greatnesse had : then quells the poore , and spoyles the pleasant lands where peace and pleasure , joynd with other hands : which weight let tyrus , sometimes stately plumd , with troy and thebes , both alike consumd : swelld ninivie , whose fragments nought imparts , and learned athens , once the source of arts : with sightlesse carthage , lacedemon rent , jebus , and bagdat , in a manner shent ; sardis , syracuse , adrianople lost ! nay ? now stressd almaine , with such sorrows crost ; ( and britanes ile , the irish bounds , and spayne where thousands fall , and many thousands slaine : ) denote and shew , what tyme and warres have wrought that crushd their might , from flattring pryde to nought : nay ; monarchies , great kingdomes , th' vniverse are prest to change , erectd , throwne downe by mars : like to the rage of the impetuous flood , debording from his banks ; leaves slyme and mood to choake the fertile playnes ; supplants the rootes , of hearbes and trees ; defaceth quyte the fruits of grapes and grayn ; and often breaks the walls of strongest townes , whereon destruction falls . even so the furye , of the bloodie warre in breaking downe the bonds of peace : debarre , the links of love and alliance : quite defaceth the libertie of nature ; and disgraceth : the ornaments of tyme ; and cuts the throat , of martiall darlings ; then casts up the lot of desolation ; which destroyeth all that can to meane ▪ or mighty men befall : so , so , newcastle , to it selfe became , a treachrous foe , when friends besiegd the same . and i may not forget here , how a despightfull jest , was suddenly revolved in sad earnest , that even when , the towne was a storming , there was a childe baptized , and a number of thirty persons at the baptisme feast ; i meane in newcastle : and making merrie with the best cheare they had , they begunne to drink a health about the table ; and that was , to the confusion of the scots rebells , and knew of no danger , till a dosson of our souldiers came in upon them ( to digest their confused health ) with drawn swordes and pistolls . at which , the rayling and jeering tablers , falling downe beneath the boord ( as it were ) distracted of their wits : our adventurers fell a plundering their pockets , leaving the greatest part of them stript of their apparrell , and the house utterlie spoyled of domestick furniture , and with this salve , they solmnized their frolick feast : being ( i say ) a just reward , for such a malicious mis-regard . now the towne being ours , upon sunday morning , october . 20. 1644. his ever happy and anspicuous excellence , entered the towne , a triumphant victor , and repairing to s. nicholas church accompanyed with the earle of calendar , lieutennant generall baillie , and the generall of artillerie , with a few others ( for it was not a day for men of fortune to dalleye with time ) there was thankes given to god ( by that reverend pastor master robert dowglas ) for that our famous , and renowned victorie . and now to seale up all , the clouds fell impetuously a weeping three dayes together , for that great fatalitye ( as i may say ) of so many brave cavaliers as we lost . and with this same deluge , the two keill bridges , above , and below , were broke downe , and dissenabled for passage , with the violent rapt of tynes debording streame : but happye it was that the greatest part of our armie got then shelterage within the town , otherwise they had found by this dissoluing rayne sommersed quarters . vpon the fourth day after the towne was stormed , there issued from the castle , three score twelve officers , ingeniers , and prime souldiers , under the custodie of our perforce ; and were incarcerat within the towne , as many of their kinde were served so before . the maior , and some of our noble countreymen , were also then dismissed from the castle , but not enlarged , and the day following ( being wednesday ) the maior was returned from his house , unto a dungeon trance within the castle : where now that presumptuous governour remaineth , till the hangman salute his neck with a blow of straffords courtesie ; where now i leave him till he enjoy his merit . as for the number of the enemie , either souldiers or townesmen , that carried armes during the siege , indeed it is no part of my intention to medle with them , although they medled too much with us , neither with their hungrie troupers , and far worse their hungred horses . yet neverthelesse ( as i was informed ) they were but eight hundred of the traind band , and some nine hundred besides , of voluntiers , prest-men , coliers , keill-men , and poore trades-men ; with some few experimented officers to overtop them , which were at last overtopped themselves . and now meanewhile we found great penurie and scarcitie of victuals , amunition , and other necessaries within this dejected towne ; so that they could not have holden out ten dayes longer , unlesse the one halfe had devoured the other . and now the encroaching winter , commanding expedition , our armie was sent to their garrisons abroad ( reserving onely a proper garrison for newcastle ) some to darnton , haulkland , durham , chester , morpet , exome , and other near adjacent places . yet neverthelesse the plague was raging in gatesyde , sandgate , sunderland , and many countrey villages about . vpon the eight day after the taking in of newcastle , the lord generall rode downe to tinmouth castle ; where after a short parley , young sir thomas riddell governour thereof , surrendred it upon easie conditions . the occasion why ? was thus , the pestilence having been five weeks amongst them with a great mortalitie , they were glad to yeeld , and to scatter themselvs abroad ; but to the great undoing and infecting of the countrye about , as it hath contagiously begun . and now before i draw to finis . i must water my muse a little in the poeneian springs , and gargarizing her throat with newcastle , i will bath her old inventions in permessis streame , fixt under that heliconean forked hill ; where soron breasting parnassus , saluteth with the pleasures of pindus , all aged poets , as i am now in my climaterick yeare . now in this treatise , thou hast seen the mappe of revolution , and that sudden clappe of ever changing tyme , and how the fates and sterne-facd destinie , ramverse the mates of stubbornnes and pryd : and how the wind , bre●ks downe the talest cedar , that we find on libans flowrie banks ; and how the oake though fensd with boughs , must yeeld unto the stroake of a septentrion blast ; heavens constellations concurrd in one , to judge these execrations flew forth from steep-bankd tyne ; what filthie rayling , brust from her gutts ? even when we were assailing her girded sides with walls : that even methought , sterne radamanthus , had their forgings wrought : then in came iudgement , in this cracking thunder and fac'd with terrour , did produce a wonder , that vomits spyte and blood : next headlong comes ( backd with shrill trumpets , and lowd roaring drummes , ) base stinking pryde quite stript : where being naked the shryne of fortune blushd , and blindnesse quaked . but now to wheele about ! behold , and see , the divyne iustice , with an awfull eye declaring sentence , punishment , and yoake , to thrall their necks , with a correcting stroake . how long did pittie knock , at their shut gate ? and offerd mercy , to their desprat state yet would they not receave't ; nor could they pitty themselves , brought under , a judiciall dittie : but sufferd death to stand , where justice stood and they delinquents , to a gen'rall good : yet in came mercy , from their friendly foes and pleaded for their pardon : mercie goes along with us to them : which , when they see , they grew ashamd , to finde such clemencie . for what sought we , but their desyred good ? and to prevent , the effusion of blood proposd them courteous proffers , all to wonne , their hearts and soules , to seek salvation : and to professe that word ( religions lamp ) where light and truth , have both one heavenlie stamp : yet this they would not , and as hardly will , consent , unforcd , to leave their froward ill : now vanquishd they , and from their dutye swervd may sweare , our scots , shew mercie undeservd to hardned hearts like flint : and what rests more , but practise must the fall of pride deplore which cankerd natures keeps : but they 're so blinded , as if disdayne , had all their malice winded with stiffnesse and contempt : yet for their words sometymes they 're fair , and sometimes sharp like swords : but what is that , we have them under feet , and needs not weigh their breath , be 't sowre or sweet . for where the victors rule , the vanquisht stand , like bajazet , to tamberlanes strong hand , and freedome thrald , by just disdaine , then pryde stoupes like a slave , the sword must things decyde . yet mercy keeps some measure , curbing reason , with generous lenitie , actd out of season . yea , sometimes it s more honest , for to saue , than to expide , the vanquisht to the grave : what though they bark like to hircanian doggs , or bleeting stand , like winter-beaten hogges . yet there 's compunction , and reuenge to use ( accordingly ) as tymes may time excuse : and sealing mercie , with a sworded hand , makes foes , more loath to flie , than forcd to stand . and now to close the summary of this tragicall discourse , i heartily beseech almightie god , to preserve and prosper our armie ; and to be their guard , guide , and governour , whithersoever they go , and to imprint the feare of his holy name in their hearts . and now most good and gracious lord , blesse so and sanctifie the hearts of their chief commanders and leaders , with wisedome , courage , and magnanimity of minde ; that they never decline , neither to the right nor to the left hand ; but keeping a straight course , in honour , honesty , and holinesse ; they may ever in all their proceedings , have the glory of thy great and glorious name before their eyes , that the life and light of peace and truth may in all true beleevers abound . amen . finis . chorographia, or, a survey of newcastle upon tine the estate of this country under the romans : the building of the famous wall of the piets, by the romans : the ancient town of pandon : a briefe description of the town, walls, wards, churches, religious houses, streets, markets, fairs, river and commodities, with the suburbs : the ancient and present government of the town : as also, a relation of the county of northumberland, which was the bulwark for england, against the introdes of the scots : their many castles and towers : their ancient cheviot-hills, of tinedale, and reedsdale, with the inhabitants. gray, william, fl. 1649. this text is an enriched version of the tcp digital transcription a42127 of text r10141 in the english short title catalog (wing g1975). textual changes and metadata enrichments aim at making the text more computationally tractable, easier to read, and suitable for network-based collaborative curation by amateur and professional end users from many walks of life. the text has been tokenized and linguistically annotated with morphadorner. the annotation includes standard spellings that support the display of a text in a standardized format that preserves archaic forms ('loveth', 'seekest'). textual changes aim at restoring the text the author or stationer meant to publish. this text has not been fully proofread approx. 64 kb of xml-encoded text transcribed from 29 1-bit group-iv tiff page images. earlyprint project evanston,il, notre dame, in, st. louis, mo 2017 a42127 wing g1975 estc r10141 13555759 ocm 13555759 100255 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a42127) transcribed from: (early english books online ; image set 100255) images scanned from microfilm: (early english books, 1641-1700 ; 456:18) chorographia, or, a survey of newcastle upon tine the estate of this country under the romans : the building of the famous wall of the piets, by the romans : the ancient town of pandon : a briefe description of the town, walls, wards, churches, religious houses, streets, markets, fairs, river and commodities, with the suburbs : the ancient and present government of the town : as also, a relation of the county of northumberland, which was the bulwark for england, against the introdes of the scots : their many castles and towers : their ancient cheviot-hills, of tinedale, and reedsdale, with the inhabitants. gray, william, fl. 1649. [8], 48 p. printed by s.b., newcastle : 1649. "to the candid reader" signed: w. g. attributed to william gray. cf. bm. reproduction of original in harvard university libraries. eng newcastle upon tyne (england) -history. northumberland (england) -history. a42127 r10141 (wing g1975). civilwar no chorographia, or, a svrvey of nevvcastle upon tine. the estate of this country under the romans. the building of the famous wall of the piet gray, william 1649 11847 2 0 0 0 0 0 2 b the rate of 2 defects per 10,000 words puts this text in the b category of texts with fewer than 10 defects per 10,000 words. 2004-05 tcp assigned for keying and markup 2004-06 apex covantage keyed and coded from proquest page images 2004-07 mona logarbo sampled and proofread 2004-07 mona logarbo text and markup reviewed and edited 2004-10 pfs batch review (qc) and xml conversion chorographia , or a survey of newcastle upon tine . the estate of this country under the romans . the building of the famous wall of the picts , by the romans . the ancient town of pandon . a briefe description of the town , walls , wards , churches , religious houses , streets , markets , fairs , river and commodities ; with the suburbs . the ancient and present government of the town . as also , a relation of the county of northumberland , which was the bulwark for england , against the inrodes of the scots . their many castles and towers . their ancient families and names . of the tenure in cornage . of cheviot-hills . of tinedale , and reedsdale , with the inhabitants . potestas omnium ad caesrem pertinet , proprietas ad singulos . newcastle , printed by s. b. 1649. s. p. d. dilectis burgensibus , et probis hominibus novicastri super tinam . w. g. fortiter defendit triumphans . blazon of newcastle-upon-tyne portus , castrum , carbo , salmo , salina , molaris , murus , ●o●s , templum , schola sunt novi gloria castri . to the candid reader . every country hath had his chronologer , or writer , to portrait unto their countrymen their antiquities , and noble acts . greece had his homer . rome his virgil . our britains had their gildas . saxons had their beda . england had of late his learned camden , and painfull speed , to delineate and portrait unto their countrymen the antiquities and scituations of all shires in england . yet it is impossible , that any one man , being never so inquisitive , and laborious , should attain unto the perfect knowledge of all passages , in all places . i have adventured to write of the antiquity of this town and country , which by reading and experience , i have gathered out of the ruine of antiquity ; that those monuments which these late warrs have obliterated and ruin'd , may be left to posterity , for tempus edax rerum . i find a great difficulty in my undertakings , because the records of this country are but few , and confused , being so often infested by the scots and danes , who consumed and fired all before them , wheresoever they came . questionlesse many brave men have lived in this town and country , many memorable acts of chivalry have been atchieved ; but they are all buried in oblivion . i hope the courteous reader will pardon the faults committed herein , nam in priscis rebus veritas , non ad unguem quaerenda est . many errours , many suppositions upon probabilities , may be found in it . humanum est errare & decipi . i have begun the work , i hope some of my fellow burgesses will finish what i have begun ; to the everlasting memory of this famous town . some cretiques have presumed to correct and blame me ( with their indigested zeale , and unknown enthusiastique knowledge , of chimoera's , in their giddy pericraniums ) for fables and errours ; as the priest , that found it written of st. paul , demissus est per sportam , mended his book , and made it demissus est per portam ; because sporta was an hard word , and out of his reading . but ne sutor ultra crepidam , let no man professe that he knows not . it s true , he that writes , resembleth a man acting his part upon a theator or stage , where the spectators have their eyes sixing upon him , all observing his gesture and words ; if he fail in either , presently he is censured and condemned . lastly , we live in an age , that mechanicks will presume to step into moses chaire , and become politians to contradict and controle whatsoever is acted and done according to the laws divine and humane . one thing i desire of these phantastiques , carpere vel noli mea , vel ede tun . vale . w. g. the contents .   fol. the first natives of this island . 1 romans first in britaine . 2 the first roman conquest in the north . ibid. the north brought into a roman province . 4 the comming in of the saxons . 6 the first denominations of newcastle . 7 the walls and gates of newcastle , and who built them . 8 the bridges of newcastle upon tine . 12 the churches in newcastle . 13 the streets and buildings of the ancient towne of pampden . 17 the grants and charters to the town . 19 the highest and north parts of the town . 22 the sandhill . 23 the middle parts of the town . 25 pilgrim street . 27 west-gate street . ibid. the government of the town . 29 the 24 wards of the town . 31 of the river tine , and the commodities . 32 divine providence over all nations and countries . 37 the suburbs of newcastle . 39 of the noble and ancient families of the north , and their castles . 41 chorographia ; or , a survey of newcastle upon tyne . the first natives of this island . the britains were autochthenes , natives of this island , for more ancient inhabitants we finde none . the people of this nation is thought to have been descended from the neighbouring gaules , in regard of the same religion , language , and manners . their originall from the trojans , by brute , is altogether fabulous ; there being no greek or latine authors , or any monument in this island , which makes mention hereof . their descent from the gaules is more probable , being the next parts of the continent unto britaine , or their way from asia or the east , from whence all countries was first peopled . romans first in britaine . the romans were first certaine and know forreiners in this island . c. j. caesar was the first of romans that invaded britaine ; he having subdued the nation of the gaules , made his journey into britaine , cassivellanus reigning king . some victories he atchieved , some hostages he took ; imposed a tribute upon the nation , and so returned into the continent ; he made no conquest of them , but discovered them to posterity . a long time after , the roman emperour claudius , sent aulus plantius hither , accompanied by two brethren . sabinus vespasian , who made warre against the britains , vanquished them in severall fights , took camalodunum , the chiefe seat of their kings , and their king took prisoner , planted a colony at camalodunum , ( now maldon in essex ) and reduced the higher or south parts of britaine into the forme of a roman province . the first roman conquest in the north . in the yeare of vespasian , the great and populous nation of the brigantes are warred upon , and in part overcome . these brigantes containeth all the country north of humber to the river of tine and picts wall , called lower britaine . julius agricola in the reigne of domitian , set limits here to the romane greatnesse , and extended it northward into the seas and friths of dunbriton and edenbrough in scotland . the emperour adrian , not long after , removed the pale more southward , and the better to keep out the enemy , drew a trench and wall of turfes crosse the land , betwixt the two seas . the roman britains being continually molested by often incursions of the barbarous people called caledonii , or picts , who brake down the sodd wall , harrying and spoiling this country . which moved the emperour severus to build a wall of stone , with great wisedome and industry , to strengthen this northerne parts of britaine , against the many inrodes of the barbarous picts : at every miles end of this wall was a tower , and in the wall a pipe of mettall betwixt the tower or sentinell houses , that so soone as a man had set his mouth to this pipe they might heare through all the sentinells , where the enemy were , and so , in a short time , giving warning from one end of the wall to the other . one of these towers remaineth whole in the towne wall of newcastle in pampden , older then the rest of the towers , and after another fashion , standing out of the wall . the north brought into a roman province . at this same time began this country to flourish , ( being reduced into a roman province ) to be civilized to learne roman letters , habits and manners ; for before this time , the inhabitants went naked , had no houses to live in , neither did they till the ground , ( as one writeth ) de praeda & venatione frondibusque arborum vivunt ; degunt in tentoriis nudi & sine calceis . xiphilin . this countrey had the presence of the emperours of rome ; yorke a municipium of the romans , and the seat of their emperours during the time of their abode in this island , attending the warres of the picts and caleedonians , famous for the death and funeral exequies of the emperour severus and constantius , and the happy inauguration of constantine the great , sonne to constantius , here beginning his reigne over the roman and christian world . i finde in the time of the romans , many places in northumberland that was their stations about this famous wall , called sometimes , vallum , a rampire ; sometimes , murus pictious , or murus severi . the most remarkeable is upon the tine-west-hexam , called of old axelodunum , the station of the first cohort of spaniards , a bishops sea under the saxons . corebridge curia of ptolemy , a city of the otadeni . prudo castle , the station of the first cohort of the batavi . sighhill , of old called segedunum , the station of the fourth cohort , named of the lergi . pons aelii , the station of a cohort of cornavii , now ponteland . gabrosentum , the station of the second cohort of the thracians , probably ( saith my author * newcastle upon tine . pampden , a part of newcastle , probably a station of the romans , having an ancient roman tower , and another ancient building called the wall-knowle , a part of the picts wall . this towne of pampden is very ancient : probable some building was erected here in this place to their great god pantheon ; this wall being the outmost confines of the roman empire , called now pandon . i finde of the kings of northumberland , that had a house in pampden , which we call now pandon-hall ; an ancient old building and seat of the kings of northumberland . tunnocellum the station of the first cohort , named aelia classica , now tinemouth , at the mouth of tine . there is a village neere newcastle called hetton , where there is an old roman tower , probably named from the proconsull aetius , who was sent from rome into these parts ; whom the britains petitioned for help in these words , aetio ter consuli gemitus britannorum , &c. repellunt nos barbari ad mare , repellit mare ad barbaros , inter hac oriuntur duo genera funerum , aut jugulamur , aut mergimur . beda . when the romans had their empire much weakened by their own discords , and by the irruptions of the gothes and vandals , proconsull aetius was forced to retire their legions from the northerne parts ; so leaving the country naked , the picts did breake in , who most miserably wasted and spoyled the countrey . the comming in of the saxons . thus britaine became a prey againe to the picts ; when the britains had despaired of romane help , they sent into germany to crave help of a people called saxons , who entered and inhabited britaine to their ayde against the picts . the picts being vanquished and overthrowne , through their valour ; possessed themselves of this north kingdome upon the driving out of the native britains . the victorious sexons erected their heptarchy , or seven severall kingdomes . the kingdome of northumbers was the most spacious , populous , and victorious kingdome against the picts or scots , untill the danes invaded these northerne parts , and broke out like a violent thunder-clap on the northumbers , and put the english saxons to much slavery and bondage many yeares , untill they were expelled by the english . the kingdome of northumbers being in peace , began to build and erect many strong castles for defence , against the scots and picts , as dunstonbrough castle , bambrough , alnewicke , morpeth and tinemouth , which was the seats of the kings of northumbers . in time of this heptarchy , many famous monasteries were erected , viz. hexam made a bishops sea under the saxons ; many erected in this towne of newcastle and pandon . some of their kings were interred in saint augustines friers , now called the mannors . the upper part and west was called monk chester before the conquest ; a place wholly dedicated to devotion and religion . chester signifies a bulwarke , or place of defence ; which sheweth that in ancient time , under the saxons , it had been a place of fortification for religious men that lived in monasteries . the first denominations of newcastle . after the conquest it got the name of newcastle , by the new-castle , which robert de curtois sonne of william the conquerour built there out of the ground against the neighbouring scots . this towne of newcastle , and towne of pampden made one towne , by the grants of the kings of england , being in old time belonging to the county of northumberland . this towne of newcastle is seated upon the picts wall and side of a steep hill , upon the north side of the river tine ; the picts wall came through the west-gate , saint nicholas church through pampden ; then to the towne east , called wallsend . the bounds of the towne upon the west the lands belonging to the priour of tinemouth ; on the north , the towne moore , as some say , the gift of adam de athell of gesmond ; upon the east , the land of biker ; upon the south , the river of tine . gateside in the county palatine of durham . the walls and gates of newcastle , and who built them . the towne of newcastle is environed about with a strong thick stone wall , having seven gates or ports , with many round towers and square turrets . these walls began to be built in king johns reigne , the north part of the wall at newgate . the west part of the towne in king henry the third's reigne . pandon gate and the east and south of the townes wall , builded in edward the first his reigne , and so continued building , untill it was finished . the towne is two miles in circuit , with trenches in the out-side of the wall , rampered within with earth . the cause that moved them in those dayes to build this great wall , was the often invasions of the scot ; into this place and country ; they were continually infesting and sorraigning this country , and rich monasteries in these northerne parts ; the religious houses of this towne , and adjacent , being above forty houses , which hath been dedicated to pious uses . there was a rich man ( in edward the first's reigne ) of newcastle , that was taken prisoner out of his house , and carried into scotland , ransomed and brought home ; which act moved the townes-men and burgesses , and the religious men therein , to contribute towards the building of these walls . the question is , who builded these walls ? some are of opinion that king john builded it ; others roger de thornton . king john gave many priviledges to this towne , and probably , the new-gate and walls thereabout , was built in his time : that north part of the wall being the ouldest , and of another fashion then the the other walls . as for thornton , who lived in henry the 6 dayes , all the walls of the towne was finished : it is probable that thornton builded the west-gate , which is a strong and faire gate , in memory that he came from the west country , according to the old saying , in at the west-gate came thornton in , with a hap and a halfe-penny , and a lambe skin . the walls and gates was builded by severall persons , as by the names of the round towers doth appeare . some of them was builded by the fryers and monasteries that did dwell in the towne , as the white , blacke , gray , and austine fryers . others , named durham and carlile towers . others by noblemen and gentry of the country , as nevils tower , adjoyning to his house in west-gate . there is seven ports or gates in newcastle , beside posterne gates , which belonged to the religious houses . in the lower part of the towne upon the river is many little gates to that famous long key . 1. west is close-gate , called so from a street called the close , which goeth up the water , to a place of recreation , called the forth , given to the towne for good services performed by the burgesses of the same . in edward the s. reigne , three hundred valiant men issued out of the towne , through a posterne gate , came suddenly in the night upon a great army of the scots , which lay in that part west of the towne ; raysed the army of the scots , put them to flight , and took earle morray prisoner in his tent , and others , 2. the next west is west-gate , a stately and faire gate , builded by roger de thorneton , a rich man that lived in hen. the 6. dayes , the high way west into northumberland and cumberland . 3. is new-gate , the ancient and strongest of all the ports , having a causey that leadeth to the towne-moore , and towards the north parts of northumberland and scotland . now a prison for debtors and felons . 4. pilgrim-street gate ; so called because of pilgrims lodging in that street ; and went out of that gate to the shrine of the virgin mary in gesmond ; to which place , with great confluence and devotion , people came from all parts of this land , in that time of superstition . 5. pandon-gate , so called from the ancient towne of pampeden , where was the picts wall , and a roman tower , lately decayed ; out of which wall is a causey that goeth into a place of recreation and perambulation , called the shields-field ; and a way to a village , called the walls-end ; by beda , villa ad murum , and so into tinemouthshire . 6. east of the towne is sand-gate , built upon the river side . without this gate is many houses , and populous , all along the water side ; where shipwrights , sea-men , and keel-men most live , that are imployed about ships and keels . the bridges of newcastle upon tine . 7. the bridge of this tower , over the river tine , consisteth of arches , high and broad , having many houses and shops upon the bridge , and three towers upon it : the first on the south side , the second in the middle , and the third in newcastle side , lately built upon an arch in the bridge , used for a magazine for the towne , and an old chappell . there is a blew stone about the middle of the bridge , which is the bounds of newcastle southward , from gateside in the county palatine of durham . there was a strange accident upon the bridge , hapned to an alderman of newcastle , looking over the bridge into the river , with his hands over ; his gould ring fell off his finger into the water ; which was given for lost . it chanced that one of his servants bought a salmon in the market , opening the belly of the fish , found his masters ring in the guts . the other bridge within the towne is the upper and neather deane bridge ; under the last bridge came boats up from the river , and the picts wall came over that bridge , and so along into pandon . the stocke bridge in pampeden , where is thought to be the ancient market for fish ; where boats came up from the river . the churches in newcastle . there is foure churches and parishes in this towne . the first is saint nicholas , in the mid'st of the towne ; a long faire , and high church , having a stately high stone steeple , with many pinakles ; a stately stone lantherne , standing upon foure stone arches , builded by robert de rhodes , lord priour of tinemouth , in henry 6. dayes : it lifteth up a head of majesty , as high above the rest , as the cypresse tree above the low shrubs . ben . johnson . my altitude high , my body foure square , my foot in the grave , my head in the ayre , my eyes in my sides , five tongues in my wombe , thirteen heads upon my body , foure images alone ; i can direct you where the winde doth stay , and i tune gods precepts thrice a day . i am seen where i am not , i am heard where i is not , tell me now what i am , and see that you misse not . in this church is many porches , especially saint georges , or the kings porch ; built by some of the kings of this land . in it are many sumptuous windowes ; that in the east surpasseth all the rest in height , largenesse , and beauty , where the twelve apostles , seven deeds of charity , &c. built by roger de thornton , ( a great benefactor of this towne ) with this inscription , orate pro anima rogeri de thornton , & pro animabus filiorum & filiarum in the north part of the same is a shrine of henry the fourth , perey earle of northumberland , who was killed by the hands of rebells in yorkeshire , gathering up a subsidy ; he was buried at beverley , and this made in memory of him in his owne countrey , he having a house in this towne and parish ; and other noblemen , and gentry had in those dayes in this towne . orate pro anima henrici perey 4. northumbriae , qui per rebellium manus occubuit , &c. in the south part of the middle of this church , under a window , is an ancient tombe of a warre-like gentleman , lying with his legges a crosse his escutcheon of armes , and sword ; after the fashion in those dayes were they onely interred , who took upon them the crosse , and were marked with the badge of the crosse , for sacred warre-fare , to recover the holy land from the turks . in the quire and walks about it is many faire monuments , tombes , and marble-stones of majors of this towne , their names and armes engraven in stone , with their titles of ( sometime major of newcastle ) honours ; not one word of their good deeds ; their generations and names are worne out . onely that thriee noble major , master robert anderson , whose memory will continue untill there be no more time ; aere vel marmore perennius , viz. his gift of twenty pound per annum for ever , to the foure churches in newcastle . dignum laude virum , musa vetat mori . there is a tombe ( as is reported ) belonging to the fitz-williams not placed , who going embassador into scotland , dyed , and was interred in saint nicholas . 2. is allhallowes , omnium animarum , panton theon , from the ancient name of that part of the towne pampeden ; having a broad and square church , and more populous then all the three other parishes , and able to contain more people then the rest , having three galleries . there is few monuments or tombes in it . onely one stately tombe of that worthy benefactor , roger de thornton , having a large jet stone , curiously ingraven with his armes , and the armes of that noble family of the lord lumley , who married a daughter of thorntons . he dyed in the reigne of henry the seventh . there was one thomas smith , shipwright , of this parish , that gave foure pound eighteen shillings ten pence , yearly , for ever , to the distressed poor of that parish . 3. church is saint johns , a pretty little church , commended by an arch-prelate of this kingdome ; because it resembleth much a crosse . in this parish the earles of westmorland had his house , as others ; good benefactors to this towne . 4. saint andrews , the ancientest of all the foure , as appeareth by the old building and fashion of the church . in it is to be seen a pardon of a pope for nine thousand yeares to come . likewise there is an ancient large stone of one adam de athell of gesmund , with this inscription , hic jacot dominus adamaus de athel , miles qui obiit , anno , 1887. the parson of the towne is the bishop of carlile , who hath his vicar or substitute , and a faire old house belonging to the vicar . the streets and buildings of the ancient towne of pampden . i come , in the next place , to describe every part of this towne , what it was in the times of the heptarchy of this kingdom , and in after succeeding ages . first of pampeden , alias pantheon , it hath retained his name , without much alteration , since the romans recided in it . after the departure of the romans , the kings of northumberland kept their recidence in it , and had their house , now called pandon-hall . it was a safe bulwarke , having the picts wall on the north side , and the river of tine on the south . this place of pandon is of such antiquitie , that if a man would expresse any ancient thing , it is a common proverb , as old as pandon . in it is many ancient buildings , houses and streets ; some gentlemen of northumberland had their houses in it . there is an ancient place called the wall-knowle , called since , saint michael upon the wall-knowle , having a high and strong tower , now called the carpenters-tower , adjoyning to that place upon the town-wall . there is below , towards the river of tine , an ancient religious house , called trinity-house , ( not many houses in england named by that name ) now converted to another use , for the masters of trinity-house , which have many priviledges and immunities granted unto them for services done by sea . in this part of the town of pandon , below , is many narrow streets or chaires , and ancient buildings ; through the midst of it the river of tine flows and ebbs , and a burne runs , called pandon-burne . this place , called the burne-banek , stands very low ; it is recorded , that in edward the thirds time an hundred and forty houses was drowned by overflowing of water ; ●ince the houses towards the key side are heightned with ballist , and a high stone wall , without which wall is a long and broad whars or key , which hindereth the like inundation . in the upper part of this pandon is an ancient religious house , founded by the kings of northumberland , now called the mannours , ( formerly saint augustine friers ) where the kings of northumberland was enterred ; since , in succeeding ages , inlarged and beautified with stately buildings , cloysters , and a faire church . the kings of england , since the conquest , kept house in it , when they came with an army royall against scotland ; and since the suppression of monasteries , made a magazine and storehouse for the north parts . now of late that princely fabrick demolished and layd levell with the ground . the pride , covetousnesse , luxury , and idolatry of these houses brought a sudden ruine upon themselves and houses . in this place of pandon is a bridge called stock-bridge , where fishers come up with their fish , and sould them here . the grants and charters to the towne . the antiquity of this towne is known to be from that time , that the romans had command in the northern parts , who built the picts wall . after their departure the saxons became masters of this countrey ; then the danes . the danes being vanquished and expelled this land , the english enjoyed it , untill william the conquerour made all england vassals , and obey his norman laws , as far as the river of tine . king william overthrew the northern forces in gateside-foil , neer newcastle . since which time , great is the priviledges that kings and princes hath endowed this town with . robert sonne of william the conquerour built the castle , called new-castle , against the often inrodes of our neighbouring scots . king john gave the first grant to newcastle , and endowed it with many priviledges and immunities to the good men of the same . king henry the third made it a corporation , whereas formerly it belonged to the county of northumberland , as by henry the thirds charter doth appear , — noveritis nos concessisse & demisisse , & hae charta nostra confirmasse pro nobis & haredibus nostris , probis hominibus nostris , de novo-castello super tinam , & haeredibus corum villam nostram cum novo-castello , cum omnibus pertinentibus suis ad seod firmum , &c. the town of pampden was granted to the beloved burgesses , and good men of newcastle , in king edward the firsts reign , as by his charter appears , — sciatis quod dedimus & concessimus , & haee charta nostra confirmavimus , pro nobis , & haeredibus nostris , dileetis burgensibus , & probis hominibus nostris ville novieastri super tinam , onmes terras & tenementa cum pertinentibus in pampeden in biker , juxta predictam villam novicastri , &c. et quod predicta villa novicastri , & terrae , & tenementa predicta in pampeden , unica villa de cetero sint , & unus burgus , ad uniendum & concludendum dictae villae novicastri in angmendationem , emendationem , & securitatem , ejusdem villae , &c. all the kings and queens of england successively granted unto the town some honour or priviledge , and inlarged their charters . edward the third gave them the forth , for the good services of the townes-men . edward the fourth gave them power to choose yearely mayor and aldermen , in lieu of baylisses . after kings granted to the mayor and communalty , all the royalties of the river of tine , from sparrow-hawke , unto heddon-streames ; and that no ship load and unload any manner of goods , wares , and marchandizes , in , or any place of the river , but onely at the key of newcastle . also granted commissioners to measure keeles . king edward the sixth grants the town of gateside to be united to the town of newcastle . repealed by queen mary . sir thomas white , lord mayor of london , gave one hundred pound yearely to the chief cities and towns of england , for ever , to be lent to foure clothiers merchants for ten yeares without interest . the town of newcastle enjoyeth her hundred pound in her turn ; the first hundred pound which came to newcastle was in 1599. the noblest gift that ever was given in england by any subject . some think , in time , it will ingrosse the most of the money in this land . the highest and north parts of the town . the ancient parts of the town of newcastle was in the upper parts of it , about newgate , where are many old houses and cottages , which served these religious houses with provisions : this part of the town is called to this day , the hucksters booths . these people , in those dayes , had their livelihood from those fryers and nuns that lived in that part of the town . in after ages the burgesses and good men of the town began to trade , and venture beyond the seas , into forraigne places ; they builded many ships ; procured a charter from the kings of england to carry fels beyond seas , and bring in sorraign commodities . the staple was then at antwerp in brabant , called commune totius europa emporium . this charter of the merchant adventurers , was the first charter that was granted by any king to any town . after which grant , this town flourished in trading : builded many faire houses in the flesh market . ( then called the cloath market . ) the merchants had their shops and warehouses there , in the back parts of their houses , the river of tine slowed and ebbed . where boats came up with commodities ; which trade of merchandizes continued many years . in that street the mayors , aldermen , and richest men of the town lived . in after times , the merchants removed lower down towards the river , to the street called the side , and sandhill , where it continueth unto this day . the sandhill . now let us describe unto you the other streets and markets in this town : first of the sandhill , a market for fish , and other commodities ; very convenient for merchant adventurers , merchants of coales , and all those that have their living by shipping . there is a navigable river , and a long key or wharfe , where ships may lye safe from danger of stormes , and may unlode their commodities and wares upon the key . in it is two cranes for heavy commodities , very convenient for carrying of corn , wine , deales , &c. from the key into the water-gates , which is along the key side , or into any quarter of the town . in this market place is many shops and stately houses for merchants , with great conveniences of water , bridge , garners , losts , cellars and houses of both sides of them . westward they have a street called the close . east , the benefit of the houses of the key side . in this sandhill standeth the town-court , or guild-hall , where is held the guilds every yeare by the major and burgesses , to offer up their grievances ; where the major keepeth his court every munday , and the sheriffe hath his county-court upon wednesday and fryday . in it is kept a court of admiralty , or river court , every munday in the afternoon . this is a court of record for inroling of deeds and evidences . there is a court of pye-powder , during the said two faires , lammas and saint luke ; all the priviledges and power that a court-leet can have , is granted to this court . under the town-court is a common weigh-house for all sorts of commodities . king henry the sixth sent to this town , as to other cities and towns , brasse weights according to the standard . neer this is the town-house , where the clarke of the chamber and chamberlains are to receive the revenues of the town for coale , ballist , salt , grindstones , &c. next adjoyning is an almes-house , called the mason de dien , builded by that noble benefactor roger de thorneton . above which is the stately court of the merchant adventurers , of the old staple , resident at that flourishing city of antwarpe in brabant ; since removed to the more northern provinees under the states . their charters are ancient , their priviledges and immunities great ; they have no dependance upon london , having a governour , twelve assistants , two wardens , and a secretary . there is an old chappell upon the brid . next west is a street called the close , where are many stately houses of merchants and others . the earle of northumberland had his house in this street . neer the sandhill east , is allliallows banck , or butehers banck , ( where most butchers dwell ) the way to allhallows church : the south side of which is many chaires or lanes that goeth down to the key side . the middle parts of the town . next up street is the street called the side . in the lower part of it standeth a faire crosse with columnes of stones hewn , covered with lead , where is sold milk , egges , butter , &c. in the side is shops for merchants , drapers , and other trades . in the middle of the side is an ancient stone house , an appendix to the castle , which in former times belonged to the lord lumleys , before the castle was built , or at least coetany with the castle . next up the town north , is middle-street , where all sorts of artificers have shops and houses . the west side of this street is the oatemeale market . on the east side of it is the flesh market , i think the greatest market in england , for all sorts of flesh and poultry that is sould there every saterday ; the reason is not the populousnesse of the town that makes it , it is the people in the country , ( within ten miles of the town ) who makes their provision there , as likewise all that lives by coale-trade , for working and conveying coales to the water ; as also the shipping which comes into this river for coales , there being sometimes three hundred sayles of ships . in this market is kept two faires in the yeare , for nine dayes together ; one of them at that remarkable time of the yeare , the first of august ; the other is held the eighteenth of october , upon saint lukes day . next above north , is the bigg and oate market every tuesday and saterday in the week . in which street is an ancient house , with a large gate , called the scots inn , where the kings , nobility , and lards of scots lodged in time of truee or league with england . pilgrim street . east again is pilgrim street , the longest and fairest street in the town . in it is a market for wheat and rye every tuesday and saterday . likewise an house called the pilgrims inn , where pilgrims lodged that came to visit the shrine in gesmond , or jesu de munde , which occasioned to call this street pilgrim-street . in the upper part of this street is a princely house , built out of the ruines of the black fryers . both east and west of this street is many passages into other parts of the town ; as the neither and higher deane-bridge into the west ; the mannour chaire upon the east , having a way to that sumptuous building of the minorites , of old called saint augustin fryers ; also a street called silver street , having a passage down to pandon . west-gate street . upon the west of the town is denton chaire , which goeth into west-gate street , which is a broad street , and private ; for men that lives there hath imployment for town and country . the earl of westmerland had his house in this street , and other gentlemen . in this street is an hospitall , called the spittle ; in the east of that chappell is the place for electing of majors , aldermen , sheriffes , and other officers in the town , next munday after michaelmas day . in which place is made of late , a famous grammer-school , writing-school , and houses within the spittle for the masters . protos archididascalos , or the first head school-master , was that reverend master robart fowberry , a learned and painfull man to indoctrinate youth in greek and latine . in the north side of the street towards west-gate , is an ancient building , called now , bennet chessie fryers , where now the nine crafts of this town have their meeting houses . it was called in old time , the grey-fryers . in the south west of the town is the white-fryers , and neer that a street called baylisse-gate , which in former times belonged unto the castle and county of northumberland : there is a postern gate , where prisouers taken in time of hostility with scotland , ( and selous of the county of northumberland ) were brought in privately into the castle in newcastle , where the common gaile for the county is . neer this street is two wayes which goes down into the close ; the long staires and tudhill staires . the government of the town . now let us speak concerning the government of this town . the first grant was , burgensibus & probis hominibus novieastri super tinam , to the burgesses and good men of the town of newcastle : out of whom yearly was chosen baylisses , which is the ancient officers of cities and towns in england . king edward the fourth out of his abundant grace and favour to the aforesaid town , burgesses , their heires and successours , grants yearly to choose a major and six aldermen ; and that the aforesaid major and aldermen , for the time being , or any four , thre , or two of them , have full power and authority to enquire , hear , and determine all manner of complaints and causes , appertaining to the office of a justice of the peace . instead of baylisses is chosen a sheriffe yearly . king richard the second gave the sword to be carried before the major , which represents royall power and authority , delegated by charters to them , their heires and successors , from their soveraign . the power of a major is great , the highest dignity or honour that can be bestowed upon a city or town ; according to that office amongst the romans , of propraetors , and proconsuls ; who had in all countries and kingdoms under their command their viceroyes or representatives . in after times upon a division among the aldermen , there were foure aldermen more added ; so now it is governed by a major , recorder , ten aldermen , and one sheriffe . their officers are two clarks , one for the town court , the other for the town chamber . the officers that attendeth upon his person , is a sword-bearer , with a cap of maintenance , a water-baylisse , seven serjeants , in their gowns and maces . all these nine officers goes before the major and aldermen in their gownes to church , and at any solemnity . in former times the aldermen of the town had their searlet gownes , but the proud scot got them by conquest , as they did other ornaments of the town , thinking no english in authority , worthy to weare seerlet but themselves , and so they continued lording over us for two yeares , untill they were hyred out as they were brought in , being a mercenary nation , for any nation for mony . there are twelve trades or crafts , which are chief in electing of major , and other officers , viz. drapers , mereers , glovers , taylors , boothmen , shoomakers , bakers . tanners , sadlers , butchers , smiths , and dyers . there is the by-crafts , which are fifteen in number , every one of them hath their meeting-houses in the towers of the wall , and are called at this day by the name of the by-crafts ; their ancient names is after the name of the founder . the twenty-four wards oe the town . there is foure and twenty wards in the town , every ward hath his tower or gate in the walls , which they were to keep in times of hostility with the scots , whereof these are some . white friers tower ward . nevils tower ward . west-spittle tower . stanke tower . pink tower . gunners tower . west-gate tower durham tower . thickets tower . carlile tower . barthram mumbugget tower . evers tower . saint austines tower . walke-knowle ward , &c. of the river tine , and the commodities . the port or haven of this river is able to receive ships of foure hundred tuns , having rocks on the north side of the haven , and sands upon the south , dangerous in a north-east wind. incidit in seyllam , qui vult vitare charibdim . upon the north side of the haven , is an ancient strong castle , the seat of the priour of tinemouth . king henry the eighth coverted the castle from a priory , to be a defence for the river and country , against forraigne invasions . 1. the southside of the river is warwick-shire , in the county of durham , where is many salt-pans , which makes white salt out of salt water , boyled with coale . 2. an other commodity that this river bringeth forth , is coale in great abundance ; most of the people that liveth in these parts , lives by the benefit of coales , and are carried out of this river into most parts of england south-ward , into germany , and other transmarine countries . john johnston out of the poëms of the cities of britain , new-castle . seated upon high rock she sees dame natures wonders strange , or else to others , wittily , doth vent them for exchange ; in vain why seek you fire , from heaven , to serve your turn , the ground here either keeps it close , or quickly makes it burn . nor that which folk with stony flash , or whirlwind grim affrights , but giveth life to earthly things , and minds to living wights ; this melteth iron , brasse , and gould , so pliable and soft , what mind th' allective shade of gould , stirs not , nor sets aloft . nay more then so , men say it doth , dull mettals change to gold , to say therefore it is a god , our alchymists are bold . if god he be as thou glv'st out ( great master ) of thy word , how many gods than doth this place , and our scotland afford ? many thousand people are imployed in this trade of coales ; many live by working of them in the pits ; many live by conveying them in waggons and waines to the river tine ; many men are imployed in conveying the coales in keels from the stathes aboard the ships : one coale merchant imployeth five hundred or a thousand in his works of coale ; yet for all his labour , care , and cost , can scarce live of his trade ; nay , many of them hath consumed and spent great estates , and dyed beggers . i can remember one , of many , that raysed his estate by coale-trade ; many i remember that hath wasted great estates . i shall illustrate this by a story of two spaniards brothers , which travelled into the west indies , with that estate and means which they had acquired ; one of the brothers was a miner , to imploy many slaves in silver mines ; the other brother was to be an husbandman , to provide corne , sheep , and other provisions for the miner and his men ; much silver was got out of the ground by those miners ; the husbandman got monies out of his stock for his commodities . after many yeares delving and labouring in these silver mines , at last , the mines was exhausted and decayed , and all the money which he had got for many yeares labour and cost , was run into his brothers the husbandmans hands , and all his stock upstanding , he living all that time of the profit that his ground yeelded . so it is with our coale-miners , they labour and are at a great charge to maintain men to work their collieries , they wast their own bodies with care , and their collieries with working , the kernell being eaten out of the nut , there remaineth nothing but the shell , their collieries is wasted , and their monies is consumed : this is the uncertainty of mines , a great charge , the profit uncertain . some south gentlemen , hath upon great hope of benefit , come into this country to hazard their monies in coale-pits . master beamont , a gentleman of great ingenuity , and rare parts , adventured into our mines with his thirty thousand pounds ; who brought with him many rare engines , not known then in these parts ; as the art to boore with , iron rodds to try the deepnesse and thicknesse of the coale ; rare engines to draw water out of the pits : waggons with one horse to carry down coales , from the pits , to the stathes , to the river , &c. within few years , he consumed all his money , and rode home upon his light horse . some londoners of late , hath disbursed their monies for the reversion of a lease of colliery , about thirty yeares to come of the lease ; when they come to crack their nuts , they find nothing but the shells ; nuts will not keep thirty yeares ; there 's a swarme of wormes under ground , that will eate up all before their time , they may find some meteors , ignis fatuus , in stead of a mine . 3. commodity that this river bringeth forth is grindstones , which is conveyed into most parts of the world ; according to the proverb , a scot , a rat , and a new-castle grindstone , you may find all the world over . 4. commodity of this river , is the great plenty of salmond , taken in this water ; which serveth this town , and other parts . upon the south side of this river stands a town , called jarro , where lived that venerable bede , admired for his learning , in those times of darknesse . camden entituleth him , the singular glory , and ornament of england . malmesbury , vir erat quem mirari facilius , quam dignum praedicari possis , qui extremo natus orbis angulo doctrinae , corusco terras omnes perstrinxerat . beda lived in the time of the saxons heptarchy in england , in the kingdom of northumbers , seven hundred yeares after christ . this river hath two heads , or maine streames , south tine , which runs through allendale ; north tine , which runs through tinedale ; they meet west of hexam , and salute one another . divine providence over all nations and countries . our most provident and glorious creator hath so furnished all countries with severall commodities , that amongst all nations there might be a sociable conversation and mutuall commerce , one people standing in need of another , all might be combined in a common league , and exhibit mutuall succours , non omnia sert anima tellus . from the indies , gould , silver , gems , drugs , &c. from italy , silkes . from spaine , fruits , saffron , sacks . from denmarke , amber , cordage , firs , and flax . from france , wines , and linuen . from england , wooll , tinn . from these northern parts , coale , salt , grindstones , &c. which trade of coale began not past fourescore yeares since . coales in former times was onely used by smiths , and for burning of lime ; woods in the south parts of england decaying , and the city of london , and other cities and towns growing populous , made the trade for coale increase yearely , and many great ships of burthen built , so that there was more coales vented in one yeare , then was in seven yeares , forty yeares by-past ; this great trade hath made this part to flourish in all trades . camden calls newcastle , ocellus , the eye of the north , the harth that warmeth the south parts of this kingdome with sire ; an aegypt to all the shires in the north , ( in time of famine ) for bread . all quarters of the country comes with money in their purses to buy corne to feed their families this summer . this town hath been famous in soure ages of the world . 1. in the time of the romans , being in these parts , being the utmost limits of the roman empire . 2. famous for the monasteries in old times . 3. this town famous , being a bulwarke against the scots ; all the power of scotland could never win it , since the walls were built ; but of late being assisted by the english , was stormed , our churches and houses defaced , the ornaments of both plundered , and carried away , the crowne of our heads is fallen , woe now unto us , for we have sinned . 4. famous for the great trade of coale , white-salt , grindstones , &c. which they furnish other countries with . newcastle likewise excells in foure things before spoken . 1. the town , walls , gates , towers and turrets . 2. saint nieholas church steeple , caput inter nubila condit . 3. the tine-bridge , consisting of eight stately arches , towers and houses . 4. the long and faire key , for ships to unload their commodities . the revenues of the town is not great , considering the disbursements for repairing of streets , high-wayes , bridges , maintenance of ministers , schoole-masters , poore , &c. the armes of the town is the three castles argent in a field geules . camden . newe . 22. grad. 30. min. long . 54. gr. 57. m. lat. hues . newcast . 23. grad. 10. min. long . 55. gr. 20. m. lat. the suburbs of newcastle . gateside , a burrow upon the south side of the river tine , an ancient inhabited place , a parish of it selfe , in the bishopprieke of durham . king edward the sixth , united it to the town of newcastle ; since , queen mary gave it again to the bishops sea of durham . the suburbs out of newgate and pilgrim-street , are ruinated in these late warres ; neer unto the barras-bridge is an hospitall dedicated to mary magdelane . there is many closes in that part , and large fields of meddowes , called the castle leases , belonging to the town ; the gift of king john ( as some say ) to the good men of newcastle . there is a postern between new-gate and west-gate , which goeth into a close , called the warden-close , where the warden of the priour of tine-mouth had his house , garden , fishponds , &c. the suburbs of sand-gate escaped the fury of these warres , except some neer the walls of the town , which was fired . one remarkeable thing is recorded of two carpenters , hewing of a tree , bloud issued out of the timber in what part of the wood they cut . below east , is the ballist hill , where women upon their heads carried ballist , which was taken forth of small ships which came empty for coales ; which place was the first ballist shoare out of the town : since which time , the trade of coales increasing , there is many ballist shoares made below the water , on both sides of the river . upon the north side of the river is the ewes burne , over which is a wood bridge , which goeth down to a place called the glasse-houses , where plaine glasse for windowes are made , which serveth most parts of the kingdom . below east is many shores built for casting of ballist out of ships , which brings profit to the town , and the occupiers of the same . of the noble and ancient families of the north , and their castles . the north parts of england hath been in the romans time , and in after ages , the bulwarks and fortresses of england , against the inrodes of the scots ; newcastle for the east parts of this land , and carlile for the west . the two great princes of the north , were the earles of northumberland at alnwick , and westmerland at raby castle in the bishopprick of durham . the first famous for the great overthrow he gave malcolme , king of the scots , and his sonne edward , slain at his castle of alnewick . the second earle made famous for taking david king of scots prisoner , and the overthrow of his army at nevils-crosse , neer durham . the lord dacres , and lord lumleyes were famous in their generations ; the first lived in cumberland , in his many castles , the other in the bishopprick of durham , in lumley castle ; both of them having lands in northumberland , who held their land of the king in knight service , for his warres against the scots . the bishops of durham had their castles in the frontiers , in norhamshire and elandshire . the nobility and gentry of the north , are of great antiquity , and can produce more ancient families , then any other part of england ; many of them gentry before the conquest ; the rest came in with william the conquerour . the noblemen and gentry of the north , hath been alwayes imployed in their native countrey , in the warres of the kings of england , against the scots ; all of them holding their lands in knights service , to attend the warres in their own persons , with horse and speare , as the manner of fighting was in those dayes . some gentlemen held their lands in cornage , by blowing a horne , to give notice that the scots , their enemies , had invaded the land . the scots their neighbouring enemies , hath made the inhabitants of northumberland fierce and hardy , whiles sometimes they kept themselves exercised in the warres ; being a most warre-like nation , and excellent good light-horsemen , wholly addicting themselves to mars and armes , not a gentleman amongst them , that hath not his castle or tower ; and so it was divided into a number of baronies : the lords whereof , in times past , before king edward the first's dayes , went commonly under the name of barons , although some of them were of no great living . it was the policy of the kings of england , to cherish and maintain martiall prowesse among them , in the marches of the kingdome , if it were nothing else , but with an honourable bare title . some gentlemen of the north are called to this day barons . the ancient families and names of the gentry are many , which hath continued from william the conquerour , unto these late dayes . the grayes of chillingham , and horton , barons of warke-castle . ogles of ogle-castle . fenwickes of wallington . widdrington of widdrington-castle . delavale of seaton-delavale . ridleyes of williams-weeke . muschampes of barsmore , the chiefe baron of northumberland in edward the first's reigne . mitfords of midford . fosters of edderston . claverings of callalie . swinburnes of swinburne , now of capheaton radliffes of delston . harbottle of harbottle-castle , extinct . haggerston of haggerton . hebburne of heburne . blankenship of blankenship . fetherstonhaugh of fetherstonhaugh . herons of chepehase . horsley of horsley . craster of craster . laraines of kirkharle . collingwoods of eslington . whitfield of whitfield . carnaby of halton . lisles of felton . strudders of kirknewton . selbyes of twisel . eringtons of bewfrom . weldon of weldon . bradforth of bradforth . rodom of little haughton . carres of ford-castle . creswell of creswell . halls of otterburne . thirlwall of thirlwall-castle . killingworth of killingworth . these ancient noble families continued many years valiant and faithfull unto the kingdom of england , and flourished all in their times ; untill the two powerfull earles of the north rose in rebellion in queen elizabeths reigne , who drew along with them many gentry of the north , who overthrew themselves and confederates , and many ancient families of the north . since many ancient names have been extinct , for want of heires male , and have been devolved upon other names and families . since the union of both kingdoms , the gentry of this country hath given themselves to idlenesse , luxury and covetousnesse , living not in their own houses , as their ancestours hath done , profusely spending their revenues in other countries , and hath consumed of late their ancient houses . the castles in the north are many and strong . morpith-castle , so called , from the death of the picts in that place . alnewick-castle , where the earles of northumberland kept their court ; famous for two battels fought against the scots , who received a shamefull overthrow , by the valour of the earles of northumberland . upon tweed and borders , are wark-castle , a barony of the grays . norham-castle belonging to the bishops of durham . barwick upon the left banck and river , a strong town of warre , opposite sometimes against the scots ; the farthest bounds of the english empire . upon till ( a river falling into tweed , above norham ) is ford-castle . to the west beyond the river , riseth floddon-hill , made famous by the death of james the fourth , king of scotland , slain in a memorable battell by thomas howard , earle of surrey , generall of the english , in the reigne of henry the eighth . upon the east sea is bambrough-castle , and dunstonbrough-castle , builded by the saxons , and sometimes the royall seats of the kings of northumbers . bambrough-castle afterward converted into a priory , and did homage and vassalage to their lord priour . many battells and skirmishes hath been in this north , and alwaies hath been victorious against the scots . besides the forenamed battels of alnewick-castle , and floddon ; at solommosse fifteen thousand scots were put to flight , eight hundred slain , and one and twenty of their nobles taken prisoners , by the english . there was lord wardens of the east , west , and middle marches appointed , who had power by martiall law to represse all enormities and outrages committed in the borders . they had their laws , called border laws . in the north toward the borders , is many hills ; one of them most eminent , called cheviot hill , upon the top of it is snow to be seen at midsummer ; and a land mark for sea-men that comes out of the east parts from danzieke , through the baltick seas , and from the king of denmarks country ; it being the first land that marriners make for the coast of england . these chiviot hills is made famous for the hunting of the earl of northumberland : at the hunting the earl duglas of scotland who met him with his forces , and engaged one the other , where was great bickerings and skirmishes , to the losse of many men ; where both earles fought valiantly , called to this day cheviot chase . there is many dales , the chief are tinedale and reedsdale , a country that william the conquerour did not subdue , retaining to this day the ancient laws and customs , ( according to the county of kent ) whereby the lands of the father is equally divided at his death amongst all his sonnes . these highlanders are famous for theeving , they are all bred up and live by theft . they come down from these dales into the low countries , and carry away horses and cattell , so cunningly , that it will be hard for any to get them , or their cattell , except they be acquainted with some master thiefe ; who for some mony ( which they call saufey mony ) may help they to their stoln goods , or deceive them . there is many every year brought in of them into the goale of newcastle , and at the assises are condemned and hanged , sometimes twenty or thirty . they forfeit not their lands ( according to the tenure in gavelkind ) the father to bough , the sonne to the plough . the people of this country hath had one barbarous custome amongst them ; if any two be displeased , they expect no law , but bang it out bravely , one and his kindred against the other , and his ; they will subject themselves to no justice , but in an unhumane and barbarous manner , fight and kill one another ; they run together clangs ( as they terme it ) or names . this fighting they call their feides , or deadly feides , a word so barbarous , that i cannot expresse it in any other tongue . of late , since the union of both kingdoms , this heathenish bloody custom is repressed , and good laws made against such barbarous and unchristian misdemeanours and fightings . in this north country groweth plenty of hadder or ling , good for cattell to feed upon , and for moor-fowle , and bees ; this hearbe yeeldeth a flower in june , as sweet as hony , whereof the picts in time past did make a pleasant drink , wholsome for the body of man . upon the west parts of northumberland , the picts wall is , out of the ruines of which is built many towers and houses in that part where the picts wall stood ; in some of the wast ground the wall is to be seen of a great height , and almost whole , many stones have been found with roma upon it , and all the names of the roman emperours , consuls , and proconsuls , both in stone and in coine of silver and brasse , with their emperours image upon them ; so the picts wall goes through northumberland into cumberland , where i end my peregrination and travell , keeping my selfe within the limits and bounds of northumberland . finis . notes, typically marginal, from the original text notes for div a42127e-1070 * camden . 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 approx. 436 kb of xml-encoded text transcribed from 111 1-bit group-iv tiff page images. text creation partnership, ann arbor, mi ; oxford (uk) : 2008-09 (eebo-tcp phase 1). a42371 wing g230 estc r3695 12268641 ocm 12268641 58145 this keyboarded and encoded edition of the work described above is co-owned by the institutions providing financial support to the early english books online text creation partnership. this phase i text is available for reuse, according to the terms of creative commons 0 1.0 universal . the text can be copied, modified, distributed and performed, even for commercial purposes, all without asking permission. early english books online. (eebo-tcp ; phase 1, no. a42371) transcribed from: (early english books online ; image set 58145) images scanned from microfilm: (early english books, 1641-1700 ; 628:1) 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. [8], 211 p. : ill., folded map, ports. printed for r. ibbitson ..., and p. stent ..., london : 1655. includes bibliographical references. errata: p. 211. "the table" [i.e. index]: p. 205-211. page 175 stained in filmed copy. pages 164-185 photographed from bodleian library copy and inserted at end. reproduction of original in cambridge university library. created by converting tcp files to tei p5 using tcp2tei.xsl, tei @ oxford. re-processed by university of nebraska-lincoln and northwestern, with changes to facilitate morpho-syntactic tagging. gap elements of known extent have been transformed into placeholder characters or elements to simplify the filling in of gaps by user contributors. eebo-tcp is a partnership between the universities of michigan and oxford and the publisher proquest to create accurately transcribed and encoded texts based on the image sets published by proquest via their early english books online (eebo) database (http://eebo.chadwyck.com). the general aim of eebo-tcp is to encode one copy (usually the first edition) of every monographic english-language title published between 1473 and 1700 available in eebo. eebo-tcp aimed to produce large quantities of textual data within the usual project restraints of time and funding, and therefore chose to create diplomatic transcriptions (as opposed to critical editions) with light-touch, mainly structural encoding based on the text encoding initiative (http://www.tei-c.org). the eebo-tcp project was divided into two phases. the 25,363 texts created during phase 1 of the project have been released into the public domain as of 1 january 2015. anyone can now take and use these texts for their own purposes, but we respectfully request that due credit and attribution is given to their original source. users should be aware of the process of creating the tcp texts, and therefore of any assumptions that can be made about the data. text selection was based on the new cambridge bibliography of english literature (ncbel). if an author (or for an anonymous work, the title) appears in ncbel, then their works are eligible for inclusion. selection was intended to range over a wide variety of subject areas, to reflect the true nature of the print record of the period. in general, first editions of a works in english were prioritized, although there are a number of works in other languages, notably latin and welsh, included and sometimes a second or later edition of a work was chosen if there was a compelling reason to do so. image sets were sent to external keying companies for transcription and basic encoding. quality assurance was then carried out by editorial teams in oxford and michigan. 5% (or 5 pages, whichever is the greater) of each text was proofread for accuracy and those which did not meet qa standards were returned to the keyers to be redone. after proofreading, the encoding was enhanced and/or corrected and characters marked as illegible were corrected where possible up to a limit of 100 instances per text. any remaining illegibles were encoded as <gap>s. understanding these processes should make clear that, while the overall quality of tcp data is very good, some errors will remain and some readable characters will be marked as illegible. users should bear in mind that in all likelihood such instances will never have been looked at by a tcp editor. the texts were encoded and linked to page images in accordance with level 4 of the tei in libraries guidelines. copies of the texts have been issued variously as sgml (tcp schema; ascii text with mnemonic sdata character entities); displayable xml (tcp schema; characters represented either as utf-8 unicode or text strings within braces); or lossless xml (tei p5, characters represented either as utf-8 unicode or tei g elements). keying and markup guidelines are available at the text creation partnership web site . eng coal trade -england. queens -great britain -portraits. newcastle upon tyne (england) -history. great britain -kings and rulers -portraits. 2007-01 tcp assigned for keying and markup 2007-01 aptara keyed and coded from proquest page images 2007-02 emma (leeson) huber sampled and proofread 2007-02 emma (leeson) huber text and markup reviewed and edited 2008-02 pfs batch review (qc) and xml conversion 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 of chriton in the county of northumberland , gent. london printed for r. ibbitson , in smith-field , and p. stent at the white horse in giltspur street , without new-gate , 1655. for his highness oliver lord protector of the commonwealth of england , scotland , and ireland , &c. may it please your highness , the nation finding your fatherly care over them , in the well ordering and governing according to the laws , statutes , and customs , endeavoring peace , causing justice and law to be equally administred , have cause , and do bless god for the same . upon serions consideration whereof , i shall not dare or presume to use arguments to induce your highnes to lend an ear to hear the nations grievance , or what may be presented for its good ; but do humbly present herein , some collections of records , taken out of most judicatures , concerning the abuse of the coal-trade , the burrough and corporation of newcastle upon tine , its charters , evidences and depositions , proving thereby general wrongs , and insupportable burdens , viz. first , forcing people to lose their lives , others to swear against themselves , others to cut purses in their courts for gain , and all to themselves ; illegal and false arrests , and imprisonments , refusers of bail , and disobeyers of habeas corpuses ; great and usual impositions and arbitrary fines ; contemners of your law , judges , jurors , and witnesses in their own causes ; converting all fines , felons goods , and wrecks , to their own use ; destroyers of that famous river of tine , forcing ships and boats to sink , and imprisoning those that dare to succor them ; ingrossers of all coals , and other commodities , into their own hands , from the inheritors , by patent , with other irresistable oppressions , like to the spanish inqusition , and practice of the high commission , and star-chamber , being put in execution at this day in that town by command of the magistrates and other their officers . and what they cannot do by force of their charter amongst themselves , against any private person opposing , then by combination ruin them at law , by their delatory plea , and out-pursing them , to the high dishonor of god , and your highness , and tending to the peoples undoing . humbly beseeches , for the glory of god , the fame of your law , the contentment of the free people of england , the preservation of trade and navigation , and increase of your publique revenue , ii. that no confirmation bee of that towre of newcastle upon tines charters , or usurped powers , but that a speedy remedy be had , either by quo wa●ranto or otherwise , and their magistrates may suffer according to their offences . iii. that no arrests be made in that town , except by process from above , or under forty shillings , by reason they understand not the law , and commonly their judges will master reason . iv. that commissioners of sewers in northumberland , and county of durham , be forthwith impowred for the preservation of that river , otherwise it will be quite choaked up , and thereby no coals to be got but at excessive rates . v. that an ad quod damnum be granted for a market at shields , which will prevent the loss of many a poor souls life for the future . vi. or that a revival of that never to be forgotten statute 11. ri. 2. cap. 7. for a free trade to all , which voided all monopolies and charters , as being the greatest grievance in a commonwealth , &c. it will not onely make this your nation equivalent with venice , holland , and other free rich states , in riches , but preserve timber , and reduce coals under 20 s. the chalder all the year at london , but also augment to your publique revenue above 40000. l. per an . in that very port of the river of tine . vii . that your royal protection be granted to such who prosecute a cause in behalf of your highness , from the hand of violence , during the time of their prosecution . that the clause in the 21. k. james , chap. 3. viz. for all informations upon penal statutes to be prosecuted in the respective counties , be voyd , by reason the judges , alias sheriffs , are the offenders , and no right can be got against them ; the honorable judges of both benches hands being tyed up , for want of an appeal , obstructed by the aforesaid statute . viii . if their charters and illegal privileges be confirmed , undoubtedly it will sacrifice the peace of your nation , lessen your interest with the free-born , weaken your power , loose the bonds of a quiet government , extirpate the pure laws , and advance disorder and confusion ; it being humbly conceived , this happy change of government voids their charters , ( they being no laws , but meerly prerogatives ) to englands comfort . ix . that sheriffs and their substitutes may be liable to the punishment of perjury for breach of their oath in denying bail to such as are capable , for not returning writ● of habeas corpus , and other their false returns , as others in other natures . x. and that a law be created for death to such that shall commit perjury , forgery , or accept of bribery . xi . all which are laid at your highness and councils feet , to do as god shall direct , for the relief of the oppressed . ever subscribing my self a servant to your highness and the publique , ralph gardiner . to the reader . courteous reader , i set not out the map of the river of tine for ships to steer their course by ; but for a demonstration to such judges as may be appointed regulators of the great abuses done thereunto : nor the effigies in my book for other corporations to act the like by ; but that the irregular proceedings therein , and cruelty of this corporation of newcastle , may the plainer appear , not onely to his highness , and council , parlament , admiral , army , judges , gentry , but also to the commonalty of the nation , that they may expel out of their thoughts such tyranny as is there enacted by charter-law , being nothing more of my labours and pains than what i am bound in duty and conscience for the relief of the oppressed , resolving with gods assistance to continue so doing , to the uttermost of my power . probably i may have omitted some circumstances relating , yet am i confident nothing comprehended but the naked truth , and what omissions are in this , in my next will appear ( if i miscarry not by an unknown hand . ) i doubt not but some person may answer this i● print , or require further satisfaction therein , i am ready to receive the one , and declare the other ; but well i know , the truth hereof cannot be disproved ; such may ( if they please ) whose natural dialect is detraction apt to stain and sting with calumny and slander , sooner than make a just defence 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 ●9 dai● of october ▪ 121● . 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 k●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 b●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 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 ●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 ●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 ●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 ● 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 ●endred to the said king and his heirs , at his exchequer ( to wit ) at the feast of ea●ter fifty pounds , and at the feast of st. michael other fifty pounds , saving to the said king the rents , prizes , and assizes in the port of the said town . further he grants to them , and confirmeth one hundred and ten shillings and six pence of rent , which they have by the gift of the said king in the said town , of escheats , to be divided and assigned to them , who lost their rents by occasion of a ditch or trench , and of the new work made under the castle towards the river or water , so that thereof they might have the more , that lost the more , and they that lost the lesse , should have the lesse . he also granted to them , for him and his heirs , that in nothing they should be answerable to the sheriffe , nor to the constable , for those things which belong to them , as the said charter testifieth . wherefore he willeth and firmly commandeth , that the said men , and their heirs may have and hold the same town with its appurtenances to fee-farm , for the said hundred pounds yeerly to be paid , as is aforesaid , well , and in peace , freely , quietly , and intirely , with all liberties and free customes , which they were wont to have in the time of king henry the 2. father of the said king john as by the said letters pattents appeareth . the said king john was the cause of burning morpeth the chief town in northumberland , and many more towns in wales , because of the enmity between him and the family of the bruces , who originally were planted in wales . wherefore the said charter made by the said king john to the said honest men of newcastle upon tyne , cannot be valid in law , because in the fourteenth year of his reign , he subjected himself to be a vassal to the pope of rome , as is aforesaid , and for many other reasons mentioned in the said charter it self , considered in themselves . in this charter of king john that he grants to the honest men of newcastle upon tyne , he mentions not the port of the river of tyne , from sparhawk at tinmouth-bar upon the sea , to hadwyn streams above newburn in northumberland ; neither is there so much as one syllable , whereby the said king grants to them the two third parts of the said river , or any of the fishing between the said places , &c. chap. iii. ( a ) king henry the third being earnestly supplicated by the good men of newcastle to confirm king johns charter , which was done upon the second day of july in the year of our lord , 1234. the said king henry did not inlarge their jurisdiction at all , but onely grants them the charter in the very same words as king john had in his charter granted . ( b ) king henry the third by his letters pattents under the great seal of england dated at westminster the first day of december in the three and twentieth year of his reign , upon the good men of newcastles supplication , thought it fit to give them licence to dig coals , and stones , in the common soil of that town , without the walls thereof , in the place called castle-field , and the frith ; and from thence to draw and convert them unto their own profit , in aid of their said fee-farm rent of a 100 ● . per annum , and the same as often as it should seem good unto them ; the same to endure during his pleasure , which said letters pattents were granted upon payment of twenty shillings into the hamper , nothing more was given , neither lands , &c. but only to work the coals , during pleasure , for their own use . ( c ) king henry the third , was petitioned again by the same honest men , for so they were called by king johns charters ( probi homines : ) that his majesty would be graciously pleased to give them all the stone and coals in a place called the frith adjoyning to the former , the better to enable them to pay their fee-farm rent , which also was granted , paying forty shillings per annum into the hamper upon the eleventh of may , in the one and thirtieth yeer of his reign . all which coals and stones , have , do , and will amount to many thousands of pounds , yet no land above the said coals , was granted unto them . chap. iv. ( a ) king edward the first , in the nineteenth yeer of his reign , was supplicated by the good men of newcastle , to grant them a sum of money , and a licence for the building of a wall round the town ( on which wall one of the mayors of newcastle was hanged ) as by the record of the registery appears , that two third parts of the river of tyne from sparhawk to beadwyn shelves were in this kings hands . and for such lords as held any fishings on the south-side of the said river of tyne , which went to the mid-stream , they were meer intruders of one sixt part more then was their own , for whereas they were to have had but one third part , they claimed half . ( b ) and that this king gave licence to build a wall about the town of newcastle , and gave mony towards this wall , which was not bestowed . ( c ) and that divers purpreslures were then incroached upon , by the good men of the town of newcastle , upon the moat of the newcastle built by william rufus adjoyning thereunto . and to the end that the then sheriffe of northumberland might present these incroachments into the chancery , whereby to discover their unjust dealing and intrusion upon the said moat of the said castle , they the said good men gave to him the said sheriffe a gift or bribe of ten marks that he might not vex them , as by the said record more at large appears , &c. chap. v. the said king edward the third , by his letters pattents dated at westminster , the tenth day of may in the one and thirtieth yeer of his reign confirms all former charters , with an addition of his own , that he for himself , and his heirs , granted , demised , and confirmed unto his honest men of the town of the newcastle upon tyne , his town of newcastle before called manchester , with all its appurtenances for a hundred pound per annum to be paid to the said king , and his heirs , &c. which he the said king confirms to the said men , and burgesses , and to their heirs for ever . and because on the behalf of the said burgesses of the said town , it was humbly supplicated to the said king , that whereas the said moore and lands called castle-fields , and castle-moor on the north-side of the said town of newcastle , from a certain place called ingler dike , &c. as the same are butted and bounded , &c. even to the said town of newcastle , are the lands and soil of the said town of newcastle belonging to the same , beyond memory ; with all profits coming of the said lands , moor , and soil , as by an inquisition thereof taken , and returned into the chancery appeareth . and albeit the said burgesses , and their predecessors from the time they have had the said town to farm , they have held the said moor and land , as though it were appertaining to the said town , and have alwayes hitherto peaceably , and quietly had , and reaped all the profits coming of the said moor and lands , yet the said burgesses ( now they are turned from honest men , to burgesses , the next will be to — ) for that there is no mention made of the said moor and lands ( albeit they be of the appurtenances of the said town ) do fear that they may be impeached afterwards , and for that the said town , as well by reason of the last pestilence at that time , as by the hazards of wars , and divers other adversities , was so impoverished , and destitute of men , that the profits of the said town sufficed not for the payment of the said farm ( as they then pretended . ) the said king being willing to provide for their indempnity in that behalf , and for him , and his heirs granted , that they and their heirs might have and hold the same moor and soil , as if it were appertaining to the said town , with all profits out of the same , &c. and that they the said burgesses , and their heirs in the said moor and lands , may dig , and may have coal , slai● , and st●ne there ; and from thence may draw them , and may make their profit of the said coals , slait , and stones ▪ and other profits coming out of the said moor and lands , in aid of the payment of their said fee-farm , without impeachment , &c. as by the said letters pattents ( made by the king himself , and his council , and by the fine of forty shillings paid in the hamper ) more at large appeareth . by these last mentioned letters pattents the burgesses of newcastle , can challenge no title in the said castle-moor and castle-field , because the said letters pattents are contrary in themselves . this is the first claim the said burgesses lay to the castle-moor , being a quantity of eight hundred and fifty acres of ground , besides pasture for all their kine , and coals for all their fuel , which are gotten upon the said castle-moor . chap. vi. king richard the second , by his charter dated the ninth day of april in the first year of his reign , 1378. confirms all the former charters , and grants to the town of newcastle the same priviledge as granted before in diging of coals , slait , and stone in castle-field , and castle-moor , but doth not grant the ( land ) onely the coals , slait and stone , for the towns best advantage . chap. vii . king henry the fourth , being humbly petitioned by the burgesses of newcastle , that his highnesse would be graciously pleased , to divide the town and corporation from the county of northumberland , and to grant them a sheriffe , with more liberties and immunities which was granted , that the corporation of newcastle shall be a distinct county of it self dis-joyned from the county of northumberland , and not to meddle in the said new county as by the charter more at large appears upon record in the tower of london , 7. ed. 6. 10. 1. mary . 3. this was a preparative for the town of gates-head , &c. chap. viii . ( a ) queen elizabeth obtained a lease from the late bishop of durham , dated the 26. of april in the 24. year of her reign , 1582. of all the whole mannors of gates-head and wickham , and all the coal-pits , and coal-mines within the said mannors of gates-head and wickham aforesaid , and in all the common wasts , and parks belonging to the said mannors at the rent of ninety pounds , per annum , or thereabouts , for ninety nine yeers , which the earle of leicester procured from the said queen , and sold , or gave the same to sutton of the charter-house , who for twelve thousand pounds , as is reported , sold the same to the mayor and burgesses of newcastle , * but when he understood the yearly value , which was worth at least fifty thousand pounds per annum , attested by doctor cradock , sometimes arch-deacon of northumberland deceased , this lease being called the grand lease , was granted to sir william readal , and others for the use of the mayor and burgesses , and free honest men , and expires the 26. of april , which shall be in the year of our lord , 1681. as appears in the 11. chap. ( i ) 7. edw. 6. 10. chap. ix . ( a ) queen elizabeth requires the great arrear of two pence per chaldron , which was granted to king henry the fifth , as custome by the parliament , as appears by that statute , chapter the tenth , ninth yeer , which was neglected to be paid unto the crown by the mayor and burgesses for many yeers together , insomuch as they were not able to pay the same , but humbly beseeched those arrears may be forgiven , by reason of their inability : and to grant them a charter to incorporate a new fraternity or brother-hood to be called free * host-men , for the selling and vending of all coals to shipping . and in consideration thereof , they would pay to her majesty , and her successors twelve pence for every chalder , exported from thenceforth to the free people of this nation . the queen conceiving that twelve pence upon every chalder would be better for the future , and well paid , would rise to a greater revenew then the two pence so long in arrear could endamage , which was granted upon condition specified in that grant , remaining in the exchequer , with many seals to it ; that they should sell all coals to masters of ships ; at this day the fitters reckon with the masters for so much a chalder , as eleven shillings for so many as is conceived to be aboard the ship , and then he goeth with the master to reckon , which the said masters payes the one shilling per chalder custome , being allowed in his hand , the master conceives he doth not pay it further then being left in his hand by the fitter ; but if the masters will look upon that lease , they will find they are to have the best coals for ten shillings , and the worst for nine shillings the chaldron at most , and now they pay eleven shillings , by which means the one shilling per chaldron is paid by the master , and not by the host man , and so falls upon the whole nations back . i refer you further to the lease , for if the master buy dear , he must needs sell dear . ( b ) by the same fallacy they wronged the king of his customes , 9. hen. 5. 10. which plainly appears in that statute , if you please to read it , the same , they have to cheat the queen and her successors for the twelve pence per chaldron . chap. x. ( a ) queen elizabeth being humbly intreated by the mayor , and burgesses of newcastle , that her majesty would be graciously pleased to grant them a charter of liberties concerning sea-jurisdiction , and of admiralty in that port ( to wit ) between sparhawk in the sea , and hadwyn streams , being fourteen miles in length , for the advance of the estate of that town , which also was granted as follows . ( b ) the queen by her letters pattents dated the thirtieth day of august in the one and thirtieth year of her reign , touching the office of the high admiralty of the river of tyne , and port of newcastle , grants the reversion to the mayor and burgesses of newcastle , by reason it was granted under the great seal of england , bearing date the fifth of february 1522. unto charles lord howard of effingham , amongst other things , in his said pattent in the office of lord high admiral of england , &c. for life , who out-lived the queen , and dyed 26. january in the sixteenth year of king james , the mayor and burgesses pretending they had right thereunto from king henry the sixth , which if they had , was extinguished upon the queens grant to the high admiral , &c. and by this grant of hers to newcastle , she onely grants what is in her to grant , which is onely the reversion after the surrender , forfeiture , or death of the aforesaid lord high admiral , but she dying before the lord high admiral , it is conceived her grant is void . and it was never since confirmed by any other to the said mayor and burgesses ; for king james upon the 28 of june in the sixteenth year of his reign , two dayes after the lord high admiral died . the commission or letters pattents of the admiralty of england was conferred upon the duke of buckingham , so that newcastle by this change hath but a slender pretence of right to the admiralty of that part of newcastle . ( c ) the said corporation humbly beseecheth her grace , to increase , inrich , inlarge , and establish ( as much as in her lay ) their authorities and jurisdiction in sea-businesses , with larger priviledges , exemptions , liberties , and immunities , and those being called by various names , to establish into a certain body , and reduce and create the name of the incorporation , upon which petition , the queen made the town and corporation of newcastle a free town , in these words . ( d ) that the burgesses and inhabitants of the said town from henceforward for ever , shal be one body corporated , or body politick , in substance , fact , and name , by name of a mayor and burgesses . and that by that name , they may have perpetual succession . and persons able in law , capable to have , purchase , receive , and possesse , lands , * tenements , liberties , jurisdictions , franchises , and hereditaments of what kind , nature , or form soever they shall be , to them and their successors in fee and perpetuity . and to assign them over by the name aforesaid . and by the same name to implead or sue , and be sued , answer , or to be answered , defend , or be defended in any court of record . ( e ) and to have a common seal for their causes and businesses , and to break and change the same at their pleasure . ( f ) likewise , she confirms by the said charter to the said mayor and burgesses , and their succesors , that they onely of the said town with its members and appurtenances , and also that they may have all the same customes , liberties , priviledges , franchises , immunities , exemptions , q●ittances and jurisdictions , how many , and how much soever hath been granted by former kings , by what name or names soever , or by what pretence they have or do enjoy , or claim the same . to have and to hold , and to be holden of the said queen in fee-farm , &c. ( g ) also grants by the said charter unto the mayor and burgesses and their successors , full authority , power , and faculty of mittigamus , constituting , ordaining , making , and establishing from time to time such laws , * institute judgements , ordinances and constitutions according to their sound discretion , being good , wholesome , and necessary for the publick good and weal , and common profit , and good rule of the said town . ( h ) the mayor and burgesses , have power hereby to inflict punishments , pains , penalties , and imprisonments * of bodies , ( and by fines , or amerciaments , may levy , and have to them , and their successors without calumny or impeachment ) requiring all persons to yeeld obedience to such laws , &c. provided those laws , ordinances , institutions , and such like customes , be not repugnant to the laws and statutes of england . ( i ) also that the grants , which the said town of newcastle , and the circuits , precincts , and jurisdictions thereof , to stand as well in breadth , as length , as well by land , as by water , as was accustomed before the memory of man , as they were wont to extend themselves , and in the river of tyne , from a place called sparhawk in the sea , to headwin streams , seven miles above newcastle-bridge . and to pull down all walls , hedges , and blocks offensive , &c. ( k ) and further , by the said letters pattents , the queen doth grant unto the said mayor and burgesses upon the surrender of the same , letters pattents of the same high admiral of england , by death , forfeiture , surrender , or other means , to become void for ever . and may have and hold within the said town one court of admiralty of record , every munday throughout the year . in which court , the mayor , or recorder to be one : and to begin upon the vacancy of the said office , to hold by plaint in the same court to be levied , all , and all manner of pleas , suits , plaints , and demands . for which debts , contracts , covenants , trespasses and deceits , matters , and offences whatsoever to the said court of admiralty belonging , and to hold court of pleas according to the laws and customes of the said court of admiralty of england , and other legal wayes and means , whereby the truth may the better be known with power of any temporall constraint * or mulct , or any other pain according to the laws and customes , of the said late queens court of admiralty of england , to be compelled , or to do , and administer judgement , the order of law being kept . ( l ) and likewise she ordains justices of the peace , to conserve the peace in the said town and port for the putting in execution the statutes and ordinances made at wstminster in the eighteenth yeer of king edward the third concerning forestalling of merchandizes upon the water , or upon the sea. and the thirteenth of edward the first , the five and fortieth of edward the third ; the thirteenth of richard the second , and seventh of henry the fourth , and henry the sixth , the four and thirtieth of henry the eighth , and the fifth and sixth of edward the sixth statutes at westminster , against regrators , fore-stallers , and ingrocers , to enquire after such offenders against the laws and statutes aforesaid , to hear and determine such like indictments and punishments . ( m ) that the sergeant at mace , all juries , pannels , inquisitions , attatchments , precepts , mandates , warrants , judgements , sentences , processes , or other things whatsoever to do , for the dispatching thereof . ( n ) the queen gives further power unto the mayor , to choose all officers in the said court whatsoever , to remove , and expell them as they shall see cause , according to law and equity . ( o ) that the mayor , recorder , and aldermen , three , or more of them , whereof the mayor , or recorder to be one of them , may have for every acknowledgement of al and singular such like pleas , plaints , suits , and demands of debts , and other sea-businesses and offences , and also disseizing of all wrecks * at sea or port , happening , and of the death , drowning and viewing of all dead bodies of what persons soever , which in the said town and port howsoever slain or drowned , or to be slain , drowned , or murthered , or brought to death by any other means . ( p ) also the custody and conservation of the statutes , the wreck at sea , and of the office of coronors * in the third and fourth year of king edward the first , and to punish delinquents according to law. ( q ) the mayor of the same town for ever , hath hereby power to receive acknowledgements for any cause whatsoever in the admiralty court determinable , and to record and enrole the said recognizance , to release , cancel , lessen , and qualifie at their pleasure according to law. also to demand execution according to the manner of the said high court of the admiralty of england . ( r ) the said queen doth give and grant by the said letters pattents unto the said mayor and burgesses , and their successors , all , and singular fines , redemptions , issues , amerciaments , forfeitures , perquisites , and profits whatsoever appearing , happening , coming , assessed , imposed , or taxed , or then after to be upon any by the aforesaid court for their own proper use and behoof , without any account to the said queen , or her heirs to be levied so soon as ever it shall be adjudged by them , without any unquietnesse , vexation , or trouble of the said queen , her heirs and successors , justices , or other ministers , or subjects whatsoever . ( s ) also to have all manner of such like goods and chattels , weiffs , wrecks * of the sea , goods floating or swimming upon the water , and driven to the shoar * sunk to the bottom , and goods due to more by proportion , treasure found , felons of themselves , deodands , and other casnalties , as well upon as by the sea or shoars , and maritine parts , as upon or by the fresh water , howsoever , whensoever , or wheresoever , or in what manner appearing , happening , or coming , which to the admiralty of england doth belong . ( t ) and all royal fishes , sturgeons * whales , porpoyses , dolphins , rigoseres , and grampeses . ( v ) that the said queen willed , that the mayor , recorder and aldermen for the time being , three or more of them , whereof the mayor or recorder to be one , from time to time ever hereafter , to be justices at the goal delivery , and to deliver out of prison in the same , committed to the same goal for what cause soever . ( w ) that they may erect gallows within the liberty of the said town , for felons , murtherers and other malefactors whatsoever within the town or port , and to commit them to the goal , till they be from thence delivered by due course of law. see chap. 53. ( a. ) ( y ) all which of her special favour , she grants without fine into the hamper . dated at westminster the 30. of august , in the 31. year of her reign . it is conceived this is voyd , by reason granted without any consideration into the hamper . chap. xi . a brief of the privileges contained in the charter of liberties granted by queen elizabeth to the mayor and burgesses of the town of the newcastle upon tyne , the 22th . of march. in the 42th . year of her reign . as followeth . the twelve companies of newcastle be as follow . cordwinders butchers . taylors , fullers drapers mercers . skinners . corn-merchants tanners . sadlers . bakers . smiths . i finde not brewers nor carpenters . ( a ) that the town of newcastle is an antient town , and that they have had laws , jurisdictions , &c. and that the said town hath suffered no smal loss by reason of divers differences , &c. fol. 1. concerning the manner of loading and unloading sea-coals at the same town , fo . 2. whereupon the said mayor and burgesses humbly petitioned the said late queen for the better maintenance and government of the said town , that she would vouchsafe to amplifie her munificence and favor towards the said town , fo . 2. ( b ) the said queen for her and her successors , grants to the said mayor and burgesses and to their successors , that they only of the said town with its members , shal have and enjoy all the customs , liberties &c. which were granted to their successors by several charters , fo . 3. which the honest men of the newcastle upon tyne , &c. by pretence of what corporation soever they held and injoyed , fo . 4 , 5. to have , hold , and enjoy the said town , and all customs , &c. fo . 5. to the said mayor and burgesses and their successors , to their use for ever , to be holden in fee farm ; rendring the antient fee farm of 100 li. at michaelmas onely , fo . 6. and that they may have all such liberties , customs , &c. without the let of any one , &c. fo . 7. ( c ) the said queen granteth , that the mayor , ten aldermen , and sheriff of the said town , &c. and other four and twenty of the more discreet and honester burgesses of the said town , &c. may chuse the mayor and other officers of the said town within five daies after the choyse and oath taken by the mayor , fo 7 , 8. which said mayor and the other twenty four burgesses , in all thirty six , shall be at all times then after , the common councel of the said town ; fo . 9. and shall have power in making laws , &c. fo . 10 for the good government of the said town , &c. fo . 11. and for the good government of the markets and fairs within the said town and limits thereof , &c. and for the declaration by what means the ministers , officers and artificers of the said town , and their factors servants and apprentices in their trades , &c. fo . 12. and also for their better preservation , letting and setting of their lands , tenements , &c. and that the mayor and common council of the said town or the greater part of them , whereof we will the mayor and six aldermen , thirteen being , seven to be &c. as often as they shall make such laws , &c. and such pains , punishments , penalties or imprisonment of bodies or by fines , &c. fo . 14. upon all delinquents contrary to such laws , &c. as shall be necessary for keeping , fo 15. of the said laws , &c. and to have and retain the said fines , &c. to their own use , &c. fo . 16. so that the same laws , &c. be not repugnant to the laws of the kingdom of england * , fo . 17. ( d ) and further the said late q. granteth , that the election of the mayor , recorder , aldermen , common-council and all other officers and ministers to be chosen , &c. shall in every year be upon monday next after michaelmas day fo . 18. honest men and burgesses of the twelve societies , lawfully chosen in the accustomed place , to wit drapers , mercers , &c. fo . 19. and that they name and present two honest men of every mystery , &c. being twenty four in number , being sworn that they or the greatest part of them shall chuse and name the mayor , fo . 21. the 22 , 23 , 24 25 , 26 , 27. leaves are concerning the chusing of the mayor , the sheriff , of two coroners , one clerk of the chamber , who shall administer an oath to the marriners and masters of ships at the port of newcastle ; and in the same manner , and the same day yearly may name eight other burgesses , &c. fo . 28. to be chamberlains of the same town , and one sword-bearer before the mayor , and eight fo . 29. serjeants of the mace , and one recorder fo . 31. and there shal be twenty four electors for one year fo . 31 , 32. new election of aldermen , dying or being deposed , fo . 33. and the alderman newly chosen shall be alderman during life , fo . 34. officers chosen by the mayor under their common seal shall be admitted to their places , fo . 35 , 36 , 37. to fine such as refuse to hold their places upon election , fo . 38. the said fine not to exceed 200 marks , fo . 39 , 40. 41. the like for the sheriff . fo . 42 , 43 , 44 , 45 , 46. or if any officer ( save the recorder ) die within the year then to chuse another , fo . 47 , 48 , 49. and if the recorder die within one year next after his election , or be removed from , or leave his office , &c. then to chuse another fit person learned in the laws , albeit not a burgess in his place , &c. fo . 49 , 50 , 51. and if the mayor of the said town be deposed , removed , or die , 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 forfeiture * of those merchandizes to be had and levied for the publick use of the said mayor and burgesses , fo . 118. the queen moreover granteth that the said mayor and burgesses and their successors , * fo . 118. may have hold , &c. all such like liberties , customs , franchises , &c. and all other the premises , &c. to the said mayor and burgesses granted and confirmed , as is before expressed , and that they may injoy and use them for ever fully , freely , &c. without impeachment , molestation , &c. fo . 119. further the queen pardoneth and releaseth to the said mayor and burgesses and to their successors , all and all manner of actions , suits , impeachments by writ of quo warranto * to be brought or executed against the said mayor , fo . 120. and burgesses and their successors , by the said late queen &c. or by any of her officers by reason of any franchize , liberty , &c. by the said mayor and burgesses , or their predecessors , within the said town and limits thereof , before times challenged or usurped , and that the said mayor and burgesses shall be quit and altogether discharged for ever , fo . 121. the queen further granteth that every person or persons who for ever hereafter shall be admitted to be burgesses , &c. shall be admitted by the mayor and burgesses , &c. or by the greater part of them , fo . 122. ( o ) moreover the queen ( often considering in her mind of how much availe it is to the commonwealth of england , to have youth well educated and instructed from their tender years , &c. fo . 123. ordaineth and granteth , that within the said town of newcastle and the liberties thereof , that there be erected , and for ever there be one free grammer-schoole , which shall be called the free grammer-school of queen elizabeth in newcastle , and shall consist of one master and schollars to be instructed in the same , and that they the master and schollars of the same school , fo . 124. for ever hereafter shal be one body corporate in law , fact , and name , by the name of the master , and schollars of the free grammer-school of queen elizabeth in newcastle upon tyne , &c. and by that name may have perpetual succession , and shall be in perpetuall times to come , fo . 125. persons able and capable in the law , of having , purchasing , &c. lands , tenements , &c. to them and their successors in fee simple , or for term of years , so they exceed not the yearly value of 40 li. and so they be not holden of the said queen her heirs and successors in chief , nor by knights service , &c. f. 126 , 127 , 128. and that the mayor and burgesses of newcastle and their successors or the greater part of them , &c. fo . 129. shal have power to make an honest , learned and discreet man to be the first and modern usher in that school , there to continue during the good pleasure of the mayor and burgesses , &c. fo . 130. and if it happen the master and usher to die or leave the said school &c. fo . 131. then they may chuse other men to be master and usher , &c. fo . 132 , 133. ( p ) and whereas the mayor and burgesses of newcastle more deeply considering and weighing the effect of divers letters pattents , &c. and whereas the said town is an ancient town , and the mayor and burgesses of the same , time out of mind fo . 133. of man , they have had a certain guild or fraternity , commonly called hoast-men * , for the discharging and better disposing of sea-coals , and pit-coals , grind-stones , rub-stones , and whetstones , in and upon the river and port of tyne , which guild or fraternity is granted or established by none of the said letters pattents : whereupon the said mayor and burgesses have humbly supplicated the said queen , that in supply of the said defects , that we would exhibit our liberality and favor , fo . 134. and that we would vouchsafe to make , reduce , and create the said guild into a body corporate and politick , &c. the said queen therefore ordaineth , fo . 135. appointeth , and granteth , that william jennison the elder , and 44 persons more , commonly called the hoast-men of the said town of newcastle upon tyne , and brethren of the said fraternity , and all others which now are or hereafter shall be elected , admitted , &c. into the said guild or fraternity , of the said hoast-men of newcastle upon tyne , f. 136 , 137. hereafter , & shal be one body corporate and politick in law , fact and name by the name of the governor , and stewards , and brethren of the fraternity of the hoast-men in the town of newcastle upon tyne . &c. one body corporate and politick , really and at full , for us , our heirs and successors we do erect , make , ordain and creat , &c. and that by the same name they may , and shall have a perpetual succession , and are , and shall be in perpetual times to come , persons able , and in law capable to have , purchase , receive , and possess , fo . 138. lands , tenements , liberties , &c. to them and their successors in perpetuity * and otherwaies , and to give , grant , demise , &c. the same lands , tenements , and hereditaments , and to do all other things by the name aforesaid , and that by the same name they may plead or be impleaded , &c. in what court soever . &c. fo . 139 , 140. ( q ) and that the said governor , and stewards , and brethren of the hoast-men of the town fo . 140. of newcastle aforesaid , and their successors that seal at their pleasure , may break , alter , and make , as to them shall seem good . and the queen appointeth that there be and shal be for ever hereafter of the number of the hoast-men , &c. which yearly upon the fourth of jan. fo . 141. shall be chosen , &c. by the said brethren of that fraternity , &c. to be governor , &c. and likewise there shall be for ever hereafter two honest and discreet men of the said number of hoast-men , &c. fo , 142. who shall be the said fourth of january chosen by the said governor , steward , and brethren of the said fraternity , &c. and that the queens will in the premises may have a more excellent effect , she fo . 143. assigneth , nameth , and createth william jennison the elder to be the first and modern governor , &c. fo . 144. moreover she hath assigned , named , constituted and appointed francis anderson , and john barker to be the first and modern stewards of that fraternity , &c , fo . 145 , 146 , 147 , 148 , 149. ( r ) the queen further grants to the said governor , stewards and brethren of the said fraternity of hoast-men , &c. and to their successors fo . 149. that the said governor , stewards , and brethren , &c. and their successors , &c. shall have in every fit time for ever hereafter full power of meeting in their guild-hall , or in any other place convenient within the said town , and there to constitute , make , fo . 150. such laws * , institutes , &c. which to the said governor , stewards , and brethren , &c. good , wholesome , profitable &c. according as they shall think good , for the good rule and government of the governor , stewards and brethren of the said fraternity , and for declaration by what means and order they fo . 151. and their factors , servants , and apprentices in their office and businesses concerning the said fraternity they shall have carry and use , &c. and that the governor , stewards , and brethren of that fraternity , &c. as often as they grant , make , ordain , or establish such laws , institutes , inform fo . 152. and they may impose such pains , penalties ‖ , punishments , and imprisonments * of body , or by fines , &c. upon all delinquents against such laws , ( s ) institutes , &c. as to them shall be thought necessary and requisite , and as to them shall be thought best for the observation of the said laws , ordinances , &c. fo . 153. and the said fines and amerciaments at their discretions they may levy , have , and retain to them and their successors to the use of the governor , stewards , and brethren aforesaid , without calumny , &c. all which , and singular laws , ordinances , &c. the said late queen willeth to be observed ; so that the said laws , ordinances , fo . 154 , &c. be not repugnant to the laws or statutes of the kingdom of england . and further the queen granteth to the said governor , stewards , and brethren , &c. and to their successors , that for ever hereafter they and their successors , &c. fo . 155. may have and shall have full power from time to time at their pleasure to chuse , name and ordain other inhabitants , and burgesses of the said town , &c. to be and shall be brethren of the said fraternity , &c. who , so elected , nominated and sworn , shall be named , and be brethren of that fraternity . moreover fo . 156. the said queen grants licence , power , and authority to the said governor , stewards , and brethren , &c. and to their successors , that they for the time being and their successors and every of them for ever hereafter may and shall quietly and peaceably , have , hold , use , and enjoy all such liberties , privileges , &c. fo . 157. concerning the loading , and unloading , shipping , or unshipping of stone-coals , pit-coals * , grind-stones , rub-stones , and whetstones , ( t ) and that they may for ever hereafter load and unload , ship and unship , in or out of any ships or vessels , pit-coals , and stones aforesaid , within the said river and port of tyne , in any place or places as to them shall be expedient fo . 158. between the said town of newcastle , &c. and the aforesaid place in the aforesaid river , called the sparhawke , so nigh to the said town of newcastle , &c. as conveniently may be done , according to the true intention of these letters pattents , as the men and brethren of the said fraternity at any time have used and accustomed , notwithstanding the statute of king hen. 8. the 3. of novemb , in the 21. year of his reign , and from thence adjourned to westminster holden published 1559. intituled , an act concerning newcastle , and the port and &c. to the same belonging , or any other act &c. notwithstanding : and the said queen also willeth , &c. for that express mention &c. witness the queen at westminster the 22 of march , in the 13 year of her reign . fo . 160. what a world of profits is given from the crown which ought to maintain it , and would have so filled the coffers as that there had been little need of sesments , &c. having read some works of those late famous expositors of the law , i drew two or three heads out as observations for the knowledge of those who know them not , written by way of explanation of our known laws , as being a law used time out of mind , or by prescription . the law of nature is , that which god infused into the heart of man for his preservation and direction , and that the law of england is grounded upon six principle points ; the law of reason , the law of god , divers customs of this land , of divers principles and maxims , divers particular customs , and of divers statutes made in parliament . the fundamentall lawes of england are so excellent that they are the birth-right , and the most antient and best inheritance that the free people of england have , for by them , they enjoy not onely their inheritance and goods in peace and quietness , but their lives and dear country in peace and safety . cooks preface to the sixth replication , and on littleton l. 2. c. 12. sect . 213. sometime it is called right , sometime common right , and sometimes communis justitia ; and it is the same law which william the conqueror found in england , the laws which he sware to observe , were bonae &c. approbatae antiquae regni legis . charter-law being so repugnant to the above written , and so destructive to the weal of the people , that never any writer ever writ of them , nor ever any parliament enacted their publication , knowing they were no other then prerogative , and dyes with the donor . and it is an infallible rule , where no law is published , there cannot be any transgression , or obedience required . the corporation of newcastle hath but two supporters to stand and fall by , first , prescription , secondly , custom . as to prescription a quo warrante will avoid that upon a legall tryal , it being understood that charters are void by reason of the change of government , if not , yet by breach of charter , exceeding their power , being nothing else then a fallacy . and as to plead custom , they have no right , nor never in possession of what they claim , customary right is good law , but custom without right , is but an old error , and ought to be removed ; drunkenness and swearing is customary , is it fit it should stand because of its custom ? kings were before corporations , and could have better justified themselves for a continuance , than corporations , by reason they might plead hereditary , or electary , conquerors or customary , yet being found a grievance was taken and removed for their arbitrary actings , why then must their power stand , that is no law ? if it were justice to execute those two judges , empson and dudly , for onely putting a statute law in execution not repealed , which is above charters , being grievous to the people ; it were nothing more to execute justice upon such who acts the same without any law. king john who was a murderer , yet commanded a murderer to be taken from the altar , and sent to the slaughter , here was justice . why do not our just judges send such like from the charter to the slaughter ? if strafford lost his life for acting oppressively by an arbitrary power , why not others for the same ? chap. xii . king james his charters and orders . mars , puer , alecto , virgo , vulpes , leo , nullus . iam●s king of england scotland and ireland ●● ( a ) king james in the second year of his reign , being humbly supplicated by the mayor and burgesses of newcastle , that he would be graciously pleased to confirm all their antient grants and charters , and to give them 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 whereas there hath been an ancient custome in newcastle that every master of any ship , who is known to cast any ballast at sea , between souter and hartly , or within fourteen fathom water of the haven , to the hurt of the said river , was brought into the town chamber ; and there in the presence of the people , had a knife put into his hand , was constrained to cut a purse with monies in it , as who should say he had offended in as high a degree , as if he cut a purse from the person of a man , whereby he might be so ashamed that he should never offend again therein ; and others by his example were terrified from trespassing in the like kind , that now in the time of so general wrongs done to the river , and the great number of ships which comes into that haven , this ancient custome be revived , and put in execution . see stat. 8. eliz. 4. see chap. 39. ( a ) 15 that whereas much ballast falls off into the river of tyne , between the ships and the ballast shores , in casting of it out of the ship to the great hurt of the same , the commissioners are to set every winter season , the poor keel-men and shewel-men on work to cast into keels such ballast and sand fallen into the river , and then to cast it on the shores or wharf again . 16 that some trusty truly substantial men , burgesses of newcastle be appointed to view the river every week , and to make oath for the abuses and wrongs done unto the * same , two to be masters of the trinity-house of that town , they to have no coals , nor mines , nor ballast shores , and to be appointed by the commissioners . see chap. 39. ( 35. ) 17 that every owner of ground * adjoyning on that river be ordered to sence the same grounds to prevent the banks from falling and washing into the river , with the great floods flashes , and rains , to the great annoyance thereof , see chap. 49. ( e ) 18 that the commissioners , namely , the mayor , and others named before , do give unto the masters , skippers of keels , a commission to be a company for the ordering such their brother-hood , and for them to punish such as cast ballast into the river , or doth other wrong , out of their keels , they having been a company formerly , consisting of one hundred and sixty , which was for the good of the river ; that the two great pools of water , lying on the back of a ballast-shore , be forthwith filled up , to prevent undermining of the shore , to the hazard of the river , if the wall , and ballast fall down . 19 that all the ballast shores in the river of tyne be constantly kept in good repair * otherwise a hundred thousand tuns of ballast will fall into the river to the destruction thereof . see chap. 34. * 20 that no ship or vessel be suffered to load at shields , or any road-stead in the river , but as neer the town of newcastle as can be , for when they load in remote places , the wrongs cannot be so soon seen . see chap. 19. ( h ) 24. ( e ) ( 21 ) that the commissioners do take good bonds from the owners of such shores as shall be built to lay coals on for ships , and shall take view of such places as shall not do hurt to the said river * either by casting ballast on them indirectly , or to suffer them to go to decay after there is no use made of them , and to keep the ballast from washing into the river . see chap 13. 34 , 35. these were present in council that granted these articles ? lord archbishop of canterbury lord chancellor , lord treasurer , lord steward , lord arrundel , lord chamberlain , lord admiral , earle buckingham , lord bishop of ely , lord zouch , lord carew , mr. comptroler , mr. vice-chamberlain , mr. sec. windwood , mr. secretary lake , mr. chancellor exchequer , mr. of the rolls . mr. attorney general . all these articles are broke except the fifth for cutting purses , and the ninth article in stopping up the two pools , &c. read the following order , &c. the council table ordered that leonard car , and cuthbard beuwick two of the commissioners which attend this businesse , be allowed their charges , for their pains and attendance , and likewise this board might be the better assured , with what care and diligence these directions are pursued , that the commissioners do every quarter certifie of the proceedings herein , that further order might be taken upon any defect that might happen , and as shall be found expedient . chap. xiii . an order to seize all newcastles liberties , &c. upon an order now taken concerning the river of tyne , and divers articles , conceived fit by the board for the preventing of such disorders , and abuses as are done , and committed to the detriment of the said river . it is thought fit , and so ordered for the better observancy of the said articles ; and the more carefull endeavors of the mayor and aldermen of the town of newcastle , for the reformation and amendment of such things as are hurtfull and prejudicial to so famous a river , which have been slighted and neglected beyond that which any way may be reasonably thought of , in a matter of so great importance . that upon the first just complaint renewed to this board in that kind , his majesties attorney general be hereby authorised without further question , or warrant , to direct some course for the seizing of all the liberties of that town into the kings hand ; of which their lordships pleasure and resolution , is that such aldermen and others of that town , as are now here attending that businesse , were by the board required hereby to take notice . given at our court at white-hall this 16 of february , 1616. see chap. 19 ( a ) 24 ( a ) 25 ( a ) 26 ( a ) 28 ( a ) 34 ( a ) 35 ( a , b. ) there were these present in council . lord archbishop of canterbury , lord chamberlain , lord arrundel , lord vic. wallingford , lord steward , lord bishop of ely , lord zouch , mr. comptroler , mr. vic. chamberlain , mr. sec. windwood , mr. sec. lake , mr. chan. excheq . master of the rols , mr. attorney general . it is conceived a writ of seizure lyes in this case , by reason of the many grievous complaints exhibited for their exorbitant abuses committed against the weal of the nation in that river in the spoyl thereof as appears , * and in not putting all those articles in execution for preservation thereof . &c. in michael●as 1643. in the presence of mr. justice snape , steward of the liberties of st. katherines london , the lord chief justice st. john did direct to seize st. katherines liberties for not yeelding obedience to a writ of the common bench , executed in st. katherines , and the attorney that gave the advice was committed ( a good president . ) chap. xiv . a return by the commissioners of newcastle in the due execution of their power , &c. ( a ) the commissioners for conservancy of the river of tyne at newcastle , returns their quarterly account of their diligent care in the due execution of the two and twenty articles afore-mentioned unto the council table , by mr. leon. car , and mr. buewick , with order to petition the council for a● explananation upon some of the said two and twenty articles , and for further power for the preservation of the said river , especially upon the one and twentieth article , to whom the bonds should be made ; it was ordered to the mayor for the time being , &c. ( b ) also prayed resolution , who should repair and mantain the ballast shoars and coal-wharf , as is exprest in the nineteenth article , ordered that as well the owner as the tenant be bound to such reparation during the time use was made thereof , and onely the owners afterwards . ( they also humbly craved their resolutions of the sixth article , and twelfth article , who should be at the charge of cleansing the river of the ballast , and pay the watchmen , &c. it is ordered that the town-chamber defray both the one , and the other , by reason they receive the profits of the river , &c. see chap. 12. ( 6 ) chap. 34. 39. 49. ( c ) they also prayed the resolution of the eighth article for the punishing of masters of ships ; it was ordered that the commissioners should take bond , * with sufficient sureties to appear before the council to answer their contempt , and to such as refuse to give bond , then the commissioners to commit them to prison till they give sureties to answer at london , &c. see chap. 41. ( c ) ordered that the commissioners shall have power for ordering the wharf , and new shoars in every place in that river , after they are once erected , as well for the strengthning as backing of them with ballast , as with other earth . see chap. 18. ( f ) ( e ) that the commissioners , there at least , shall subscribe every ticket , and the mayor * for the carrying up of every keel of ballast from the ships at shields to newcastle ballast shoars , for the more faithfull execution of that service . see chap. 49. ( g. ) * ( f ) ordered that the commissioners shall have power to order and determine of such rewards as shall be given to every wherry-man , or fisher-man * or other that shall truly present any offence or offenders against any of the articles prescribed , to be taken out of such fines , mu●cts , and amerciaments , as shall be imposed upon any the delinquents against the said articles . see chap. 39. ( a ) * ( g ) ordered that the commissioners shall have power to cause the ballast already become noysome , or in any part of the river , or like to do hurt , from the land to be removed to a new wharf , or fit place . see chap. 34. ( a ) 35. ( a. b. ) chap. xv. king james on the 14. of april , in the seventeenth year of his reign grants unto alexander stevenson esq ; and his assigns for fifty years the whole castle of newcastle , with all appurtenances thereunto any way belonging , at the rent of forty shillings per annum , except the prison , wherein is kept the sons of belial , it being the county prison for northumberland ; the said mr. stevenson dyed , and left mr. auditor darel his executor ; and left him that lease , it being all he was like to have towards the payment of the said mr. stevensons debts , which was due to the said executor and others , amounting in the principal to two thousand & five hundred pound , besides damages , which amounted to as much more , who is kept from his right by the instigation of the mayor and burgesses , upon an inquisition taken the 18. of august , in the 18. year of king james , at newcastle ; it was found to be in stevenson , and now in his executors , the said stevenson dyed in october , 1640. they claiming a right from one widow langston , relict to one john laugston groom , porter , &c. but that title the law will quickly decide upon a legal trial , but the county of northumberland hath the reversion , who is kept from having a free passage to the assizes , by the mayor and burgesses , who shuts up the gates which is the right passage , and at such gates which be open , the people of northumberland coming to do their service at the assizes holden for that county in that castle , are arrested and cast into prison by newcastle , where none can bail them , but burgesses of newcastle , and often thereby such people have their cause overthrown , by such restainment . in easter term , in the 18. year of king james , sir henry yelverton kt : attorny general , exhibited an information against the mayor and burgesses concerning the premises above mentioned , where all plainly appears , amongst other things of the town , not to belong to them &c. chap. xvi . ( a ) in or about the eighteenth year of king james an information was exhibited in the star chamber by the attorny general , against the mayor and burgesses of newcastle by the name of host-men , for that they having the preemption of coals from the inheritors in northumberland , and county of durham by their charter of free hoast-men 42 queen eliz. * they having the sale of all coals , who force ships to take bad coals , or will not load them , with unmarketable coals : being brought for london , prove much to the damage of the people which grief begot great suits between the merchants and masters of ships , to their disquieting and high charge , upon which this information was brought against the said hoast-men for selling of bad and unmerchantable coals , and much slate amongst them , for which they were all fined , some 100 li. a peece , some more , others less , being found guilty ; and ordered to do so no more , but it is proved they continue the same to this day . see chap. 43. ( a ) chap. xvii . ( a ) king james upon the 28 of january in the 16 year of his reign grants the admiralty of all england , &c. to the duke of buckingham , it being surrendred by the lord high admiral , so that the title of newcastle by vertue of the chrater of the 31 year of queen elizabeths reign is conceived of little force . see ch . 10. ( b ) chap. xviii . king charles . the high and mighty monarch charles by the grace of god king of great brittaine france and ireland p. stent ex●udit ( a ) sir robert heath , lord cheif justice of the common pleas was building a ballast wharf or shoar on his own land at shields adjoyning upon the river of tyne , seven miles from newcastle ; but the commissioners of newcastle , the mayor and aldermen with others , obstructed the building thereof , pretending it would spoil the river ; but the lord cheif justice well knowing it to the contrary by the advice of most of the antient trinity masters of london , & other experienced traders thither , went on with the building thereof , upon which in the year 1632. the said mayor and other commissioners exhibited a complaint to the king and council against the same at whitehal , complaining that if any ballast shoars or wharfs were built at shields , it would much spoil the river and hinder trade and navigation , at which there was a legal tryal , it appeared to the contrary , the king and council upon the 13th . day of july , 1632. ordered that sir robert heaths ballast shoar should bee built . ( d ) in february next the commissioners 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 which lease , it is ordered , that if masters of ships have not their due measure at one and twenty bouls to the chaldron , then upon information given , the one half of such coals and keels to be forfeited to such master , and the measures to be looked after by sworn commissioners , and that this lease ( monopoly ) to continue for one and twenty years from january then last past , and that nothing be done or acted by pretence or colour of this lease to the prejudice of the king. see chap. 11. ( p ) 8. ( a ) see stat. 21. king james 3. see chap. 46. ( b. ) if any such prejudice the people , the king is also prejudiced here , the people cannot sell their own coals , &c. which is a prejudice . see his oath chap. 59. ( a. ) chap. xxii . ( a ) king charles in june following in the fourteenth year of his reign , incorporates another company of coal buyers , namely mr. tho. horth , and other masters of ships , to buy all coals exported out of the ports of sunderland , the river of tyne , newcastle , blith , and barwick , paying to the king one shilling per chaldron custome , and to sell them again to the city of london , not exceeding seventeen shillings the chaldron in the summer , and nineteen shillings the chaldron all the winter , provided they had a free market , and a just measure at newcastle , &c. which they were debarred of by reason of the foregoing lease granted to sir thomas tempest . see chap. 11. ( p ) chap. xxiii . ( a ) king charles in july following , grants another pattent to mr. sands with others , for the farming of the customes of one shilling aforesaid upon every chaldron , at the yearly rent of ten thousand pounds , by this you may see no small quantity issues out , &c. see chap. 11. ( b ) but there are some other gentlemen which hath this benefitial lease at present , namely sir john trevor , with others , who payes ( as i hear ) one thousand four hundred pound per annum , ( having some yeers yet to come in the pattent ) i wish the poor had it after them at the rent of five thousand pounds per annum . and it is the judgment of wise men , that those gentlemen are wanting of many hundreds of pounds per annum , which might be made as well as the former , &c. chap. xxiv . die jovis octob. 8. 1646. by the committee of lords and commons for the admiralty , and cinque ports &c. whereas the committee hath been petitioned by barbery hilton window , on the behalf of her self , and divers masters of ships , trading to newcastle , whose names are here subscribed to the said petition , that the petitioners may receive the benefit of loading and unloading at the ballast-wharf , erected at shields , about seven miles from newcastle , as tending to the good and preservation of shipping , &c. for that by reason , the river is wrecked up with sands , and sunk ships , that ships of great burdens cannot passe up without hazard and danger of losing , which liberty as by their petition is set forth , they enjoyed for sixteen yeers past untill of late the mayor and commonalty of newcastle have enforced them to come up to their own shoars . now for as much as this matter , as it is represented unto the committee , may tend much to the security of ships , the advancement of navigation , and encouragement of trade , ( e ) it is ordered therefore , that the petitioners shall be at liberty to load and unload at the shields as is desired , and directed , untill other order in that behalf be given . and if the magistrates of newcastle , and such others as is therein concerned , shall hereafter desire to offer reasons to the contrary , this committee will be ready to hear them , and to do therein , what shall stand with justice . see chap. 19. ( g , h , i ) warwick , alex. bence , salsbury , jo. roll , esq . bence , ed. prideaux , giles green. it is conceived this order voids king james orders for preservation of the river in the two and twenty articles , and confirms king charles , &c. see chap. 19. chap. xxv . at the council for trade at white-hall , septem . 26. 1651. ( a ) in pursuance of a reference of the council of state of the 8. of feb. 1650. to take into consideration the petition of some captains and masters of ships , with others trading to newcastle , with a paper of their grievances annexed to the same , setting forth . &c. see 12. chap. the 19. and 24. ch. ( b ) that in case of any disaster to ships after extremity of weather , or otherwise , though in great distresse . see chap. 29. ( c ) 30. ( a , d , s ) 33. ( a ) ( c ) are debarred to take the assistance and help of any other neighbouring ship-wrights , and carpenters of their own hired servants , who they have entertained in their ships for their ship-carpenters . see chap. 36. ( a ) 38. ( c. ) ( d ) but are constrained either to carry their ships to newcastle , or to remain there in perril , till one be sent for , or procured from newcastle , who will not come upon reasonable tearms . see chap. 30. ( b ) 38. ( a , b. ) ( e ) complaining also that the town will not suffer them according to ancient liberties and customes , to heave , and cast out ballast at convenient and sufficient shoars where they may do it without endangering their ships . see chap. 29. ( c ) 30. ( a ) 32. ( d ) 35. ( b ) 41. ( a ) 43. ( d ) 44 ( a. ) ( f ) nor to load , nor unload , where they may with safety perfom it . notwithstanding some orders heretofore to that end obtained from the late king , and from the parliament , but are most injuriously forced to carry up their ships to newcastle through most dangerous parts of the river by reason of sands , shelves , and divers * sunk ships in the way , with other particulars to the like purpose . ( h ) the council having taken the said papers into consideration , and it appearing that the said town of newcastle , however , they justifie not the hindring of any master to make use of his own hired ship-carpenter , coming along with him in the said ship , do notwithstanding justifie the hindring of any other ship-carpenter to work or assist him , if not a free-man of their town , and do claim the sole imployment of their own free ship-wrights within the whole port of the said town . see ch . 12. ( i ) 29. ( c ) 31. ( a ) 34. ( c ) 32. ( c. b ) 35. ( a. b ) 38. ( a ) 49. ( a ) 50. ( c ) . ( i ) as also do justifie the sole erection , keeping and heaving of all the ballast-shoars within the said port , ( k ) and the hindring any person to load or unload at any place of the said port , save at the said town , or as near it as conveniently may be . ( l ) this council having further received the depositions and examinations of several marriners and masters of ships belonging to the town of newcastle , and others also of the town of ipswich ; and having also advised with some masters of ships , antient and experienced traders sent and chosen by the trinity-house of london , with some others , do after full debate had , and hearing at divers meetings the reasons on both sides alleadged , offer , see ch . 33. ( a ) 38. ( a. b ) 56. ( a ) ( m ) that the said practice of the said town of newcastle , in debarring masters of ships to make use , within the river of tyne of what ship-carpenters they please , or find fittest for their own conveniency , and in constraining them to use onely the free ship-wrights of the said town of newcastle , is very prejudicial to trade and navigation , see ch . 33. ( a ) 38. ( a. b. c ) ( n ) that it hath appeared to this council , notwithstanding any thing to the contrary alleadged , &c. that through the winds , rains , and other casualties washing down the ballast of those that are called the town of newcastles shoars , having been a great newsance and prejudice to the river , and in the higher parts thereof . see ch . 34. ( c ) 35 ( a. b ) ( o ) and that the practice of the said town of newcastle in constraining the said masters of ships to come up the river and to heave out their ballast at the town shoars only , ( p ) and hindering them to load coals and discharge their ballast where they may with safety perform it , as well to the road-stead it self , as to their shipping ; is a damage and inconveniency to trade and navigation . see ch . 34 ▪ ( c ) 44. ( a ) 41. ( a ) 44. ( e ) 32. ( d ) 43. ( d ) 29. ( c ) 31. ( a ) ( q ) to hinder any ships to buy or take in at any place of the said port , bread and beer , for their own spending and victualling , is also a very great hinderance to trade and navigation . see chap. 48. ( a ) 49. ( c. d. g. ) 50. ( a ) 51. ( b ) 44. ( e ) 29. ( a ) ( r ) that notwithstanding for the better regulating such farther liberties as shall be granted , in the granting of the said provisions , building of ballast-shoars , defraying the charge , and for the preservation of the river for the future , be intrusted into faithful , able mens hands to see the same put in execution , as to the wisdom of the parliament shall be thought fit , &c. john johnson , clerk. pro tempore . chap. xxvi . a judgement at the common-law obtained against newcastle , &c. ( a ) thomas cliff a ship-carpenter , who hath been very instrumental in saving many ships from sinking , and at easie rates , for his working upon a ship in the same river of tyne in the year 1646. had got a ship off the rocks with the help of his servants , and other work-men , for which the mayor and burgesses of newcastle sent down sergeants with other burgesses to the town of north-shields , which is in the county of northumberland , to bring the said cliff and servants to their prison , in which service the said sergeants killed his wife , brake his daughters arm , and ●ed his servants to prison * , as you may read , chap 36. and then sued the said cliff by an english bill in the exchequer , and held him in suit five years and upwards , the suit being commenced in the name of the mayor and burgesses of newcastle complainants , against tho. cliff defendant , the merchants and burgesses of that corporation came in as witnesses in their own cause , as you may find upon record in the exchequer , where they were examined , in the year 1649. janu. 27 , by vertue of a commission , &c. also they were cross examined , &c. which said suit was transferred to the common law , and to be tryed at york assizes in hillary 1651. the verdict went for the defendant cliff , which said judgement expresses that the mayor and burgesses ought to be severely fined , &c. for their unjust claim in that port of the river of tyne , and shall pay 30 l. costs , &c. which said bill is in the office of pleas in lincolns-inn , &c. see chap. 19. ( c ) 24. ( a ) 25. ( a ) 54. 28. chap. xxvii . to the supream authority , the parlament of the commonwealth of england . the humble petition of ralph gardner of northumberland , gent. in behalf of himself and many others , whose desires are thereunto annexed . &c. sheweth , ( a ) that many great complaints of grievances and oppressions presented to the council of state , in the year 1650. in writings by many captains and masters of ships , with others , against the magistrates of newcastle upon tyne in relation to trade and navigation . the council of state , by order transferred the same to be examined by the council for trade , and after a long debate at several times , divers witnesses were sworn , and counsel had on both sides . the council for trade drew up a report thereupon , to present to the parliament , conducing much to the good of trade and navigation , which said report hath lyen dorment ever since , to the great detriment of the commonwealth in the excessive prizes of coales and otherwise . your petitioner humbly prays , that those reports and papers may be called for , and reviewed , and these annexed desires inserted , to do therein as to your wisedoms and justice shall seem meet . and as in duty bound shall pray , &c. ralph gardner . henry ogle , 29 sept. 1653. gardners desires to the parliament . ( b ) that north-shields be made a market town , it being seven miles from newcastle , and twelve miles from any market in the same county , which would relieve the garrison of tinmouth castle , the inhabitants which be thousands , the great confluence of people resorting thither , the great fleets of ships daily riding there would further them to make many more voyages in the year , save boats and mens lives , which are often in danger of being cast away in stormy weather * , also by which means the people would be releived with provisions during the time the river is frozen , and half in half cheaper than from the second hand , besides the lost of a daies labour , and great charge to the poor in going by water in boat-hire , and save the life of many a man and beast from falling into coal-pits , which lies open after the coals wrought out , being covered with snow , &c. see chap. 29. ( a ) 48. ( a ) 49. ( b ) 50. ( a ) 51. ( a ) ( c ) that the mayor and burgesses may no more imprison poor artificers onely for working upon their trades in or about the river , see chap. 36. ( a ) 38. ( a. c ) ( d ) that they may not cast men into prison for saving of ships from sinking , nor keep men in prison till they give them bond never to work upon their trade again . see ch . 33. ( a ) 36. ( a ) 38. ( a ) ( e ) that they may not force all goods brought in by sea for the salt and coal-works use , at and near the shields , to be carryed up to newcastle where there is no use for the same . see ch . 50. ( f ) that the coal owners of northumberland and county of durham may have free liberty to sell their own coals to ships , and not to be inslaved by the free hoast-men of the town of newcastle . ( g ) that any person may have liberty to build ships and vessels in the river of tyne , without the molestation of the magistrates of the town of newcastle , for the increase of trade and navigation . ( h ) that no masters of ships may be imprisoned for refusing to swear against themselves , according to the practice of the star-chamber , it being a great discouragement to trade , and disquieting of the spirits of many consciencious persons , &c. see chap. 39. ( a ) 49. ( i ) that all unreasonable and arbitrary fines may be mittigated as shall be agreeable to justice and equity . see ch . 41. 42. ( a ) ( k ) that no more ships may be compelled up the dangerous river seven miles , whereas they need to go but one mile : never any coals being to be had at newcastle , which would save many ships from sinking , and cause them to make upwards of three voyages in the year more than they do , which would cause two or three hundred thousand chaldron of coals more to be sould , and the excessive prices to fall under twenty shillings the chalder all the year , see ch . 29. ( c ) 32. ( c ) 31. ( a ) ( l ) that the trust of the river of tyne be put into faithfull commissioners hands , the mayor , and aldermen , and commissioners of newcastle having betrayed the trust reposed in them for conservancy thereof , that whereas within in this twenty years above twenty ships of the burden two hundred tuns rid a float in most roadsteads in the said river , now not above four of the same burden at low water . see chap. 12. ( ● ) 34 , ( c ) . 35. ( a , b ) ( m ) that their charters granted to their corporation may be called in , and viewed , and other grants and orders granted by king james , and what is found offensive to the commonwealth may be repealed , as it now stands , proves destructive to the peoples right . septem . 29. 1653. all which are presented to your honours to do therein as god shall direct you for the good of his people . ralph gardner . tuesday october ● . 1653. ( n ) the petition of ralph gardener of northumberland gentleman , in the behalf of himself , and many others , whose humble desires are thereunto annexed , being this day read , the committee conceives it proper for the committee for trade , and therefore do recommend the same to their consideration . anthony rous. at the committee for trade and corporations , sitting at whitehall , octob. 18. 1653. ( o ) whereas a petition hath been exhibited to this committee by the said ralph gardner of northumberland gentleman , in the behalf of himself , and many others , complaining of several grievances , they sustain by the corporation of the town of newcastle ; it is ordered , that the said petition , and complaint be taken into consideration by this committee on tuesday the 15. of november next , whereof the mayor and corporation of newcastle aforesaid , are to have convenient notice . samuel warner . ( p ) the mayor and burgesses of newcastle petitioned the committee beseeching their honours for a copy of the petition and paper exhibited , and to grant them fourteen dayes time longer , to make their defence , which their honors granted , but ordered their agents to attend the 15. day of novem. to hear the witnesses on the commonwealths behalf , examined , and to receive what further should be brought in by way of charge against the corporation , by reason a great trial was had before their honours , with the late farmers of the customes , which took up all that day , the eighteenth day was appointed for newcastles businesse , on which day most of the witnesses were examined upon this following charge , and proved it in presence of the corporations agent , and when they were all dismist and gone , the agent desired further time , and the witnesses to be crosse examined , to which the honourable committee replied , that further time they would not give in a matter of so high concernment , and it was too late to crosse examine the witnesses , he not desiring it when they were there , and he present , but granted him a copy of the charge . chap. xxviii . the heads of the charge exhibited by ralph gardner of northumberland gent. to the committee for trade and corporations , against the mayor and burgesses of newcastle , 1653. ( a ) that the mayor and burgesses of newcastle upon tyne , have , and do imprison artificers , only for their working upon their lawfull trades . ( see stat. 1 , 1301. ) ( b ) that they do force masters of ships to cut purses , in their open court for gain to themselves , and imprisons them if they refuse . see stat. 8. eliz. 4. ( c ) that they force all masters of ships to swear against themselves , and notwithstanding they have swore the truth , others are called in to swear against them , which is for a fines sake , which profit accrues to the mayor , burgesses and witnesse for their own use . ( d ) that they do impose arbitrary fines so excessively , that without payment is committed to prison , which said masters are there detained till the said fine bee paid . ( e ) that they have robbed people in their open markets and in passing through the town , of their goods , alledging foreign bought , and foreign sold , all people not being free of that town are reputed foreigners . ( f ) that they have imprisoned men for saving ships fom sinking , and detains them till compound , whose poor wives , and children are ready to starve , also keeps them in prison till they enter into bond never to work upon their trades again . ( g ) that they of that corporation have taken an oath amongst themselves not to work with , nor imploy any un-freemen , but to suppresse all such from working in that corporation , or the whole river of tyne . ( h ) that they do imprison poor masters of ships for letting their ships from sinking , and denies bayl . ( i ) that they seize of all such goods as any poor master doth save when their ships are sinking , which is all the poor master hath left in the world to relieve his wife and family , and poor sea-men . ( k ) that when any ship is sinking , though seven miles from newcastle , none must help to save her , but newcastle-men must be sent for , who comes at leasure , besides having his demands which is excessive . ( l ) that they ingrosse all merchandize , and other dead victual , and provision which comes in by sea , and then forces the countries to give them their own rates for what they want . ( m ) they will not suffer any provisions to be bought at shields , or any market to be there , notwithstanding people are often drowned in going and returning from newcastle markets , and also many are ready to starve in the winter season by reason the river is then frozen up , and so become innavigable . ( n ) that they by ingrossing all corn into their hands have kept it to so excessive rates , that the poor could not buy it , but have been constrained to eat beasts-blood , baked instead of bread . ( o ) that by such hoarding up the corn , and the people not able to buy the same being so dear , many country people were necessitated to eat dogs and cats , and to kill their poor little coal-horses for food . ( p ) they have hoarded up so much corn , and keeping it for such excessive gain , that in the very time of scarcity and misery amongst the people many have been found starved to death in holes , hundred bouls of corn were cast into the river , being spoyld with the rats , and rot , the very swine could not eat it . ( q ) that they will not suffer any of the coal owners in any of the two counties to sell their own coals , but the owners must either sel their coals to the free hoast-men , at what price they please , and then all ships must give them their own price , or get none , which makes coals so dear . ( r ) that no ship shall be loaden with coals , &c. that will not do what the mayor and burgesses commands them , by going up the river seven miles with ballast to their great losse of time , and hurt of their ships . ( s ) that ships have been often ten or fourteen daies in sailing up and down the river onely to discharge their ballast , they for the most part taking in their loading at shields . see chap. 32. ( c ) ( t ) that other ships which have taken in their loading at shields , with coals and salt have made their voyage to london and back , before such ships which were so compelled to newcastle , could get ready , and ordinarily is the cause of their loss of three voyages in the year , by such compulsions . see chap. 32. ( d ) ( u ) that they force all ships with materials brought in by sea for the absolute use of the salt-works and coal-works , at and near shields , to be carryed to newcastle , and laid out upon their key , though they have no use for the same , and the customs being already paid , and officers at shields attending ; often the boats that fetches them sinks in returning to shields . see chap. 50. ( c ) ( w ) that ships have often sunk in returning empty from newcastle to shields , there being nothing to be had at newcastle , and such ships are onely to take in salt or coals at shields : no salt to be got elsewhere , but at shields in that river , and thereabouts . see chap. 29 , 30 , 32. ( x ) that they will not tollerate any seaman , though never so able a pilot to guide a strangers ship into the river , over tinmouth-bar , though he be in never so great distress , but a free-man must be sent for from newcastle , there being but two at shields , by means whereof the ship is often ready to be lost before any can get seven miles up , and seven miles back again . see ch . 32. ( a ) ( y ) that they force all ships , though never so long , great , or weak , to sail up the river , to cast out their ballast upon their shoars , for the gain of eight pence for every tun a ship carries , which is an arbitrary imposition ; see chap. 32. ( b. c ) it formerly being but four pence . and one ship with another carrys an 100 tun every voyage , &c. see ch . 29. ( c ) ( a b ) that they force masters of ships to pay for eighty tun , when indeed they have but forty tun , and so oppress the poor masters , whereby the price of coals must needs be enhanst : see cha . 44. ( a ) ( a f ) that they have spoiled the river with their ballast shoars , by ships sinking in sailing up the river , and returning back , their ballast-shoars being so full , and heavy , and hilly , that every showre of rain , and storm of wind doth blow and wash down the ballast into the river , besides the weight in pressing down the walls t● the great prejudice of the commonwealth ; by the obstruction of the river , and endangering of shipping . see chap. 34. ( a ) 35. ( a. b ) ( a. g ) that by the negligence of the commissioners for the river , above three thousand tuns of ballast have fallen into the river in one nights time . see ch . 34 ( c ) . none taken up , &c. ( a. h ) that within this twenty years , where twenty ships of a certain burden could have rid afloat in most road-steads in the river at a low water mark , now not above four ships can ride afloat , &c. see chap. 35. ( b ) ( a. i ) that ships have made twelve voyages in the year , within this 20 years , when they had liberty to cast their ballast at shields , and now they make but four or five voyages only , being obstructed by the mayor & burgesses of newcastle , in compelling the ships up the river , seven miles , to cast out their ballast upon their own shoars , &c. see chap. 32 ( d ) ( a. k. ) that they will not suffer any ballast-shoars to be built at or near the sheilds , by reason the owners of the ground wil not sel it to them , notwithstanding there are convenient places for shoars for above this hundred years to come , without any prejudice to the river , and to the great advantage of the commonwealth , see chap. 29. ( c ) ( a. l. ) that they do hinder the stock of the publick revenue above forty thousand pounds per an . in customs , decla●● . see chap. 45. ( b. e. f. ) 32. ( d ) ( a. m ) that they do hinder a trade all the winter season , by reason neither ships nor boats can pass up the river , which is often frozen below the ballast-shoars , called the bill-point , and half down the river , it never freezeth lower . see ch . 35. ( b ) ( a. n ) that the mayor and burgesses of newcastle have combined and made new ordinances amongst themselves , that what free hoast-men or filler of coals , shall sell any coals to such ship-masters as shall cast any ballast at shields , and not upon their own ballast shoars , shall forfi● and pay 20 l. a time , or lie in prison till the same be paid . see ch , 43. ( d ) 30. ( d ) ( a. o ) that all such coals as shall be sold , and not being free of that corporation shall be confiscated for the corporations use . see 21. chap. ( a ) ( some say if what is here alledged be nothing but the truth it were pity , but they should receive judgement according to their respective offences , but if it appear otherwise , it were pity , but the evidence upon oath , with my self , should receive the same judgement . ) ( a. p ) that the mayor and burgesses by having betrayed the trust reposed in them by king james , in the two and twenty articles for the preservation of the river of tyne , have forfeited all that corporations liberties into the states hand , by the exorbitant abuses committed , and neglect in not putting them in execution . see chap. 13. ( a ) 34. ( c ) ( a. q ) all which said charge was proved upon oath before the council at white-hall , 1650. and the committee for trade and corporations at white-hall in november 1653. and order was given that mr. thomas skinner be desired to draw up an act for a free trade in that port and river of tyne , to present to the parliament . see cha. 54. ( which act was intended . ) whether it be consonant to religion or reason , that these things so perpetrated aforesaid , against the good of a commonwealth should be neglected , and in not being timely regulated , i refer to better judgements . ralph gardner . ( a. r. ) mr. mark shafto , mr. ralph jennison , mr. robert ellison , mr. tho. bonner , the recorder and aldermen of newcastle , with mr. john rushworth , one maddison , and one michael bonner , with many more of the burgesses , appeared at white-hall on the 29. of november , being the day appointed for the town to plead to the charge , they having had the copy of the charge , where the full committee was met , and many parliament-men more , where the petition , the charge , & the desires were read , to the foregoing gentlemen . ( a. s. ) the corporation , agents and aldermen humbly begged ten weeks longer time , by reason they were not ready , nor prepared to answer the charge , for it struck at all that was neer and dear unto them * . and hoped the town would not be surprised , and that they did conceive mr. gardner had sent down that order to affront the town , by reason it was dropt at the mayors door by a boy ; and that there was a paper printed by mr. gardner which was as full of lyes , as words , which did conclude them , and dishearten their witnesses , also that the scots having tumbled their records , could not draw up an answer in so short a time . ( a. t. ) in answer to the town , it was humbly moved , their honours would give no longer time , by reason it was the day set , and agreed upon , that they of the corporation should plead , and that it was no new matter insisted upon , but what was debated at that board two years before , the records and judgement given against newcastle being in their honors custody , and that they were as wel able to plead then , as at any other time , and if there were any new matter it should be withdrawn , and was willing to joyn issue upon the former judgement granted two years before , at the same board . the towns agents altogether refused that , and hoped their honours would not insist upon the former judgement , but to give them longer time , they not being ready to plead to the said charge , nor came prepared upon the earnest solicitation of the towns agents : the committee told them , that if they would deal clearly and candidly with them , as to give in writing under their hands such an answer to the charge as they would stand and fall by , then they would give them their own time , if not , then they would record that fair motion , and that they must plead by reason they appeared , and entred upon a plea , and their work was very short , for all that they had to do , was to plead guilty , or not guilty ; if guilty , then to make it good by what law they did such things as was laid to their charge , ( and if not guilty , then it was left to mr. gardner to prove his charge , ( who indeed had proved all sufficiently ) and therefore would give no more day , what ever , then the 13 of december , and mr. gardner left free to bring in what more he had to charge them with ; upon the 12 day of december , the parliament was dismissed . but the honourable committee met in white-hall , and drew up another report , and signed the same against the corporation of newcastle , and would have presented the same to his highnesse the lord protector . but i conceived to give a narrative was better , though it be large , yet such things as are pertinent , might be sooner collected being put together , and more satisfactory to all hands , then lying in several courts distractedly , not doubting , but thereby to reap the fruits according to my labour , i not in the least dispairing , and am satisfied with the change , desiring god to go along with him in all his highnesse undertakes . chap. xxix . depositions . ships upon sands ; others sinking , others sunk ; boats , and provisions cast away , and people drowned , &c. and others cast into prison for saving ships from sinking . all done at newcastle , by order of those magistrates , * all wreck being given them by charter . andronicus * the tyrant , and also an heathen king , being overcome with a reluctancy of heart , seeing the miserable condition poor merchants and sea-men were in after ship-wrack , ( and should receive so bad a reward from people , whom they came to for help or shelter ) by having their goods seized on , their throats cut , and no relief afforded by those that got all the sea had cast up for succour , they never taking any pains for the same ; made a law , whosoever took a bit of wreck for their own use should be put to death , but that all should be preserved for a time , or the worth , for the right owner , and if not looked after by the owner , then for such , as were sufferers by shipwrack for the future , and the people paid for their pains in saving of it . for which law they were cannonized . let not tyrants and heathens out-strip us in mercy and justice . this law we want . ( a ) mary hume ▪ upon her oath said , that all ships and boats , are compelled by the mayor and burgesses of newcastle , to sail up the river to their ballast-shoars and town , with all manner of victuals which are brought into that river , and will not suffer any market to be at shields which is seven miles from them , and twelve miles from any other market town in the same county , and that they compel all people to their markets . * by which means , the hath known many ‖ ships and boats cast away , in the said river by stormy weather . ( read stat. 27. edw. 1. * ) see chap. 49. ( b ) * ) chap. 10. ( s ) ‖ 31. ( a ) ( b ) she the said mary further affirms , that she hath known many people drowned , and boats cast away in stormy weather in that river , and provisions . and that in or about the year 1650. one william rea of shields was drowned in coming from newcastle market . also a young gentleman , son to mr. snape minister in northumberland , was drowned in that river , both which , were found and buried at shields , but no coroner * viewed their dead bodies , which she hath heard should have been done by newcastles coroner , being tyed to it by charter . see chap. 10. ( o , p ) also william grays mother in law , of north-shields , in going to ma●ke● was cast away , &c. mary hume . ( c ) j●hn mallen master of a ship , upon his oath said , that the mayor and burgesses of newcastle , do deny to load any ships , nor suffer any others to load them with coals , who refuse to sail up that dangerous river seven miles to cast out ballast upon their shoars , which compulsions causeth the losse of many ships * and vessels in that river amongst sands , shelves , and sunk ships , it being meerly for the gain of eight pence per tun of ballast . see chap. 31. ( a , b ) 32. ( b ) * ( d ) that he this deponent was in company with one mr. james beats , of alborough , who was master of a new ship , being compelled to sail up the river to cast out his ballast upon their unlawful ballast-shoars . and in returning to shields to take in her loading of coals , in the middle of the river his ship sunk , and none durst help to save her for fear of being imprisoned , as others were for the like , nor to weigh her up again . see chap. 30. ( a ) ( e ) the free-men came and required a greater summe * to weigh her up , then she was worth ; so the poor master was forced to leave her upon small termes . but soon after , they got her up , and set her to sea for their own use , which the said master beats might have done the like , if those of newcastle would have tollerated the un-freemen to work , who were as well able to perform that service . see chap. 30. ( f ) 36. ( a ) * stat. 2. ed. 6. 15. * all wreck is given to them . see chap. 10. 8. john mallen , thomas heislewood . chap. xxx . ( a ) thomas gosnal master , affirms , that the mayor and burgesses of newcastle , by compelling all ships up that dangerous river of tyne seven miles , is the cause of the losse of many ships ; and that mr. cason lost his ship upon the bill-point which sunk , but by weighing her up again , it cost him near two hundred and fifty pound . all which might have been saved , if ships could be tollerated to cast ballast at shields . see chap. 25. ( b ) chap. 10. ( s ) 32. ( c. e. ) thomas gosnal . ( b ) edmund tye of ipswich , senior , upon his oath said , that being with his ship laden with coals , riding at anchor at shields with the fleet of ships ready to put forth to sea , his ship sunk by a sad disaster to his undoing , being most of it his own , and in the time of sinking , procured help to save what goods he could , for relief of himself , and sea-men , who had saved to the value of one hundred and fifty pound , and sent them on shoar to shields in the county of northumberland . * the mayor and burgesses of newcastle ( c ) sent down their officers , and seized of all his goods , and sent them to newcastle , and carried him , this deponent , to their prison , and kept him above six months , because his ship sunk . the goods and ship were worth about eleven hundred and fifty pound , and would detain him in prison till he did weigh up the said ship , who had not wherewithall to relieve himself , exod. 22. 21. notwithstanding they were certified so much under the bayliffs hands and town-seal of ipswich , and had continued him longer , if he had not procured a habeas corpus for his removal to london . see chap. 25. ( b ) 10. ( s ) stat. 3. edw. 1. 15. 34. 14. rich. 2. 9. 23. hen. 6. 10. edmund tye. ( d ) thomas heislewood of london , master of a ship , upon his oath said , having taken in his ships loading of coals in the river of tyne , was putting forth to sea with the fleet , but by a storm was cast a shoar neer tinmouth-bar , and in great danger of their lives which were on board of the the said ship , and was constrained to cast his coals into the sea , and thereby got his ship to shields , where she lay like a wreck , the water having free passage in and out . ( e ) he this deponent got on shoar , and repaired to one collier a free carpenter of newcastle , desiring him to mend his ship , and for hastes sake , he would procure thirty or forty of his neighbors , masters of ships carpenters to help him , but the said free carpenter replied , that he had taken an * oath in newcastle with their company , neither to work with any unfree carpenter , nor to set any on work , by which means , he this deponent was constrained to patch up his ship with his single carpenter , and adventure to london to get her upon the stock , where he , and his company were in great hazard of their lives , and losse of the ship . see chap. 10. ( s ) see stat. 19. hen. 7. 7. ( 2 edw. 6. 15. * ) tho. heislwood . ( f ) henry harrison master , upon his oath said , that his ship was laden with corn , coming in at tinmouth-bar , lost her rudder or steerer of his ship ; he this deponent desired another of a free-man of newcastle , who would not furnish him under forty shillings , * but this deponent got a good one of an un-freeman , one thomas cliffe of shields carpenter . see chap. 29. e. 36. ( a ) henry harrison . chap. xxxi . ( a ) michael bonner of newcastle , merchant , and water-sergeant in janu. 1649. being examined upon oath * at gates-head by vertue of a commission in a cause depending in the exchequer between the mayor and burgesses complanants , and thomas cliffe defendant , said , that a ship called the adventure of ipswich which was sunk in the year 1646. ( mr. thomas casen being master ) one other ship called the providence of london ( humphrey harrison of london being master , ) which sunck in the year 1649. one other ship called the refuge of ipswich , sunck in october 1649. ( mr. edmund tye being master . ) another ship called the henrietta maria , sunck in the year 1644. all which ships were weighed out of the river of tyne , at the sole charge of the mayor and burgesses of newcastle michael bonner . some calls this deposition perjury , * but i refer it to the judgement of the reader that reads the following deposition , which proves that most of the abovesaid ships lye sunck , and did three yeers after the deposition . see stat. 5. eliz. 9. * ( b ) cap. george . phillips of london , upon his oath said , that there lyes several ships sunck in the river of tyne between sparhawk and heborn steath , namely the adventure * of london ; humphrey harrison of sunderland late master , sunck in , or about the year 1649. one other ship called the refuge of ipswich sunck in october 1649. at shields , ( edmund tye the late master . ) one other ship called the henrietta maria sunck in the river , in , or about 1644. and one other in the south road , late belonging to mr. bulman . and also one other ship belonging to a scotch-man , lyes sunck neer unto the low lights . and that the chiefe cause of ships sinking in that river is , by being compelled by the mayor and burgesses of newcastle to sail up that dangerous river to cast ballast upon their unlawful ballast shoars , for the gain of eight pence for every tun so cast out . george phillips , and tho. hesilwood proves the like . chap. xxxii . ( a ) gawen pots affirms , that no strangers ship whatever , though she be in never such great distresse and sinking , must be pylotted into the river by any other sea-man , then a freeman of newcastle : in the intrim one is sent for ( being sixteen miles forward and backward ) often , either she is lost , or driven by storm away . many others proved the like . ( b ) jeremiah law , master of a ship , upon his oath , 1650. said , that the mayor and burgesses of newcastle , compelling all ships up the river to their ballast-shoars amongst the dangerous sands ▪ shelves , and sunck ships , is the cause of much harm and losse of many ships , and losse of many voyages in the year ; besides losse to the state , and spoyl of the river , it onely being done for the lucre of eight pence for every tun of ballast to some private persons , which brings them in many thousands of pounds in the year , and that there are many sunck ships in the river , between sparhawk and hebourn steath . see chap. 29. ( c ) jeremiah low , mr. phillips , mr. hesilwood , prove the like . ( c ) john mallen master of a ship , upon his oath said , that by the mayor and burgesses compelling ships up the river to their ballast-shoars with their ballast , was the cause of mr. tye , and mr. worses two ships running on the sands neer jarrow , where they were both in great danger of being lost . mr. yaxleys ship in a condition of sinking , but three unfree carpenters being ready , saved her , mr. john willy in the like condition . cap. george phillips was fourteen dayes in getting up and down to shields , by which means much damage is done to their ships , and losse of several voyages , and trade is obstructed . capt. george phillips , mr. hesilwood , mr. cason , mr. mors , mr. yaxly , and mr. willey , prove the like . ( d ) mr. keeble , master of a ship , proves , that himself , with many other masters of ships , namely mr. wright , &c. have made twelve voyages in the year when they cast ballast at shields within these twenty yeers , and doubts not but by gods blessing to make as many again , if the ships be allowed to cast ballast there , which may be done without hurt to the river , and more safety to ships , and a great revenew to the publick . whereas now , being compelled up to newcastle shoars , which hath spoyled the river , they cannot make above four , five , or six voyages in the year at most , which is many thousand pounds per annum losse to the state in custome . keeble . ( e ) henry robinson upon his oath said , that being compelled by the mayor and burgesses up the river to their ballast-shoars , his ship set upon a sand , and broke her k●elson , to his great damage , and losse of voyage . and that mr. cason his ship , set upon the point of the bill , and overset , which cost him two hundred and forty pound the recovering of her again , besides the losse of voyage . thomas gosnal proves the like . chap. xxxiii . ( a ) thomas cliffe upon his oath said , that in april 1646 arthur lyme master of a ship , being in the river of tyne , his ship in great distresse and danger of sinking , obtained the present help of three ship carpenters which were ready at hand to save his ship from sinking . and because they were not free-men , the mayor and burgesses of newcastle , sent down several carpenters belonging to newcastle , to force them from work , and carried them away to prison , with the said master for setting them on work , no tryall at law was had , or other offence committed . tho. cliffe . chap. xxxiv . ( a ) bigs upon his oath said , that all the ground * on both sides of the river of tyne to a full sea-mark , is the right of the town of newcastle , and belongs onely to the mayor and burgesses , all the way from sparhawk to headwin streams . and that he knoweth the same by reason he hath seen often the water-sergeant of newcastle ( by name charles mitford ) arrest men , both masters and others . this deposition was taken in behalf of newcastle at gates-head in jan. 1649. in the suit between the town and cliffe , and remains in the exchequer . bigs . some calls this also perjury , but it is left to the judgement of the reader in reading the next deposition . see chap. 18. ( d. f. ) stat. 5. eliz. 9. * ( b ) william gibson of newcastle merchant , in jan. 1649. at gates-head upon his oath said , that the ground on both sides of the river of tyne , from sparhawk to headwin streams from a low water-mark , was not belonging to the town , nor mayor and burgesses of newcastle , but to the respective owners in each county adjoyning on the river . and that he knew the same by reason of former trials , and so adjudged . and that the town had only the arresting upon the water , but not upon the land . see chap. 20. william gibson . ( c ) thomas horth of london merchant upon his oath said , that he had known the river of tyne above five and twenty yeers . and that by reason of the mayor and burgesses of newcastle , compelling all ships with ballast , to sail up the river seven miles to unload their ballast , and out of keels upon their own shoars , by ballast and other rubbish falling in , hath spoyled three parts of the river , * whereas within this twenty yeers , twenty ships of the burden of two hundred tuns a peece , could have rid a float in most road-steads in that river . ‖ and now not above four or five at a low water-mark , by reason they have so little ground , that it is so over full and hilly with the ballast , that the winds and rains , every time doth wash and blow great quantities off into the river ; and that in one night , the shoar called the bill-ballast key , brake down , and at least three thousand tun of ballast , sand , gravel , and stones , fell down into the river , * and they never knew any taken up , * neither will the mayor and burgesses suffer the owners of grounds adjoyning to the river to a low water mark , to build any wharfs , keyes , or ballast-shoars , though more convenient then any are , and would serve for many years without any prejudice to the river , to unlade all ballast at ; neither will they the said owners , sell their grounds to the said magistrates to be inslaved , by which means the river is spoyled . see stat. 34. hen. 8 , 9. * 30. ed. 1. ‖ see chap. 12. ( 6 ) 14. ) b. ) thomas horth , george philips , and tho. hasilwood , proves the like . chap. xxxv . ( a ) george philips captain , master of a ship of london upon his oath said , that the mayor and burgesses of newcastle is the cause of hindring a trade for coals , salt , &c. the greatest part of the winter season , to the great impoverishing of the two counties , northumberland and durbam , out of which all coals , salt , &c. comes ( none being to be had , nor ever was in newcastle ) by reason the foresaid mayor and burgesses having the pre-emption , and will not let the right inheritors sell their own coals to any ships ; ( b ) nor suffer any of the owners to build ballast-shoars upon their own land , except they wil sel it them . many of which places neer unto the shields , is far more convenient then any of those unlawful shoars belonging to themselves , at , or neer newcastle in the highest part of the river , which hath so much spoyled the said river , especially a place called the pace-sand , that it is the spoyl of many ships in sayling up and down to cast out ballast , and to take in coals . ( c ) that it must be a good neap tyde , that there is above ten foot and a half at high water . and most ships draw twelve foot . also where there hath lately been ten foot at low water in a place called the bill , there is not now above eight foot , occasioned by the sand and ballast falling off the towns ballast-shoars . ( d ) and that the river in the winter is often frozen , below the towns ballast-shoars , at the bill ( but never lower ) that no ships can get up to unlade their ballast , and take in coals , salt , &c. all salt being made at shields , where the river is never frozen , but all ships restrained from casting ballast there , though there be more convenient places , and would serve all ships to cast their ballast for above fourscore years without any hurt to the river or shipping . ( f ) and cause them to make more voyages in the year . john mors , walter keeble , james shrive , thomas hesilwood , rob. swallow , geo. hill , john keeble , henry harrison . and many other masters of ships , proves the like . ( b ) thomas hosilwood of london , master of a ship upon his oath said , that all the ballast-shoars above the bill-reach , have been the spoyl and ruine of the river of tyne , and doth beleeve that if no care be taken speedily therein , there will be no navigable river , to the utter impoverishing of those counties . and a great prejudice of the whole nation , the greatest part of navigation in that river being spoyled , as appears in most road-steads in the said river of tyne , what with the ballast falling in , and ships sunck , that when as within these twenty years , twenty ships of the burden of two hundred tuns could have rid afloat at low water . at st. lawrence road-stead , now not above three ships of the same burthen ; at the hands and dents hole road-steeds , where twenty ships of the same burthen , now not above eight can ride afloat . at st. anthonies , where twenty of the same burthen , now , not above three can ride afloat . at the bill road-stead , where twenty of the same burthen might have rid , now not above six . at the north road-stead , where twenty ships of the same burthen could have rid a float , now not above four . and at the south road-stead where twelve ships of the same burthen could have rid a float at low water , now not above three can ride . ( b ) and that within these few years when ships did cast ballast at shields without the molestation of the mayor and burgesses , ships made ten or twelve voyages in the yeer , whereas now , they can make but four or five voyages . see stat. 34. hen. 8 , 9. 23. hen. 8. 5. tho. hasilwood , rob. yaxley , geo. philips , walter keeble and hen. harrison , with many more masters of ships , prove the like . chap. xxxvi . a john hall. b ann wallice . c thomas rutter , d ann cliff. e free carpenter . f cliffs man. ( a ) henry harrison master of a ship upon his oath said , that in april 1646. a ship sailing into tinmouth haven , by storm was cast upon the rock near tinmouth castle . the master got a shoar with all expedition , and obtained the present help of an antient ship-carpenter , by name thomas cliff of north-shields with three of his men to save the said ship from perishing , which ship had been quite lost , if the said master should have run to newcastle to have agreed with the free carpenters , whose excessive rates * and demands , often surmounts the value of the ship in distress ; and their tediousness in coming and going that distance , that often the ships in distress are quite lost . ( b ) the said cliff and his men saved the ship and got her off , and brought her to the lower end of the north shields , and laid her upon the sands to mend her . where the three carpenters were at work . and ann the wife of thomas cliff , and ann wallice his daughter standing ( to see their servants work ) near unto the ship . ( c ) the mayor and burgesses of newcastle sent thomas rutter and john hall , two sergeants , with thomas otway , richard tederick and other free carpenters of newcastle to sheilds , to seize upon all the aforesaid work-men for daring to save any ship from sinking in that river , with command to carry them to prison . ( d ) the two women seeing their servants trailing away , railed against their evil practices , for which thomas rutter with a club , by several blows upon ann cliffs body and head knockt her down to the ground ; the other sergeant john hall , by several blows with a rule or trunchion broke ann wallice her arme , and then perceiving souldiers coming from tynmouth castle , both the said sergeants fled to newcastle , where they were protected from the hand of justice . ( e ) the said ann cliff was taken up , carried home , got to bed , and in few weeks dyed * thereon . for which the said rutter was indited , and found by the jury guilty , yet did not suffer . the said woman required her friends , as they would answer it at the last day , they should require her blood at the hands of rutter , he being her death . the poor men kept in prison * , and cliff kept in suit at law for his working by newcastle , and his men , and they forced to give bond never to work again . see chap. 25. ( b ) 29 ( e ) 30. ( f ) 1 edw. 6. 12. * . henry harrison , thomas cliff , and elianor lounsdale , all prove the like . chap. xxxvii . ( a ) thomas salkield gent. upon his oath said , that he being at shields in the county of northumberland , upon the two and twentieth day of may , 1653. saw a great number of men belonging to newcastle , with swords drawn , and pistols cockt , who invironed a gentleman , who was peaceably in his house , and shot at some of the said gentlemans servants , and beat his wife , and much blood was spilt , they pretending they came by warrant , and produced a warrant from the mayor , mr. william dawson , mr. john butler sheriff of newcastle , to take him and carry him away to prison under pretence of debt ; but the sea-men got ashoar , sell upon the said newcastle-men , wounded and disarmed them , and relieved the said gentleman . see stat. 2 edw. 3. 3. 4. ric. 2. 37. hen. 6. tho. salkield , lettice hume , mary hume , and many others , prove the same . ( b ) thomas salkeild , gent. upon his oath said , he knew a gentleman cast into newcastle prison upon a bare arrest in august 1652. and laid actions upwards of nine hundred pounds , where twenty pound could not bee recovered . and kept him lockt up in a prison from all comforts in a tower above 36 foot high , being forced to evacuate in the same room he lay , and eat his meat , by reason he was locked from the house of casement . ( c ) he offered good bayl , free-men of newcastle , who were accepted and entered in the book , and two daies after raced out again , and he still kept there . he desired to be admitted to defend his own cause in their court , but they refused it . ( d ) desired to go with a keeper to counsel , which was also denied : his friends and servants often not admitted to come to him . ( e ) proffered good bond to be a true prisoner , to the end he might have the benefit of the fresh aire , for preservation of his health , but at the goalers house , which the sheriff granted at the first , but presently after refused , saying , that the mayor , aldermen , and himself had a meeting , and resolved he should have no liberty , being an enemy against their privileges . ( g ) the said gentleman offered them that what any could recover against him by law , they should have it without law. ( h ) constrained to drink the goalors beer , not fit for mens bodies . ( i ) no tryall ever against him ; they disobeyed two or three habeas corpusses , which the sheriff received , and his fee , and was proffered to have their charges born , but never returned them . ( k ) refused substantial bond to appear at london before the judges , and after five months imprisonment , he brake prison in february following . ( l ) and he further affirms , that upon the third of february 1652. one john cuthberison being imprisoned upon an action of 5 l. debt , but no tryal ever had against him for the same , was upon this gentlemans getting away , cast into the dungeon by the command of the magistrates of newcastle , where they laid setters of iron upon him , to force a confession from him whether he did not help the said gentleman out ; where he lay upon the cold earth , without either bed , straw , or any other thing to keep him warm , or firing ; and fed him onely with bread and water , and fused comfort able subsistance to be brought unto him . ( m ) the poor man being not worth , in the whole world , forty shillings , and two children a begging , and himself kept in prison after this impression , begging for food . ( n ) and that he was certainly informed , that some of the officers of newcastle had counterfeited a letter , and set the gentlemans name to it , and read it to the said prisoner , thereby perswading him to confess he helped him out of prison . see stat. 23. hen. 6. 10. 1 edw. 1. 15. see chap. 41. thomas salkeild . hornes mirror saith , it is an abuse that prisoners be charged with irons before they be attainted , cap. 8. sect. 1. 2 edw. 3. 10. 1 edw. 3. 10. bracton saith , to lay a man in chains is against the law , for a prison is to keep , not to punish . and it is commanded by the law , that neither felon nor trespassor be punished nor tormented in prison , fo . 11. 17. fleta saith , it is lawful for sheriffs to keep prisoners in prison , but not to punish them , but keep them . &c. 33 hen. 1. p. inst . 54. see chap. 41. ( a ) chap. xxxviii . ( a ) ralph tayler publick notary and steward to the carpenters of newcastle , upon his oath at gateshead in january 1649. said , that the mayor and burgesses of newcastle did sue * , imprison * , and fine * robert johnson , alexander hearon , and william portice of the town of gateshead , john hubbert of south-shields , and john readhead , only for working upon ships in the river of tyne , being carpenters , and made them to pay their fines , imposed upon them by the mayor and burgesses . see stat. 2. edw. 3. 6. 28. edw. 3. 3 * . 9. hen. 3. 29 * . 43. eliz. 2 * . ralph tayler , and mich. bonner prove the like . ( b ) michael bonner merchant and water-sergeant of newcastle , at the same time upon his oath said , that the mayor and burgesses of newcastle , arrested and imprisoned , and set a fine upon one john hardcastle a carpenter , for working upon a ship in the river of tyne , he not being a freeman of that corporation , and made him enter into a bond of 100 l. in may 1648. never to work upon his trade again , and made him pay his fine . michael bonner . ( c ) john hall upon his oath said , that the mayor and burgesses of newcastle did arrest , imprison , fined , sued , and forced bonds from one richard tayler , henry atcheson , and robert lambert , smiths , whose wives and families inhabits at north-sheilds in the county of northumberland , and thomas brocket , of gateshead in the county of durham , smith , for no other offence than for working upon their lawfull trades where they dwell ; tayler and brocket stood out suit ; atcheson entered into bond , never to work upon his trade to the ships on the river , and lambert kept in prison till almost starved * , his wife and six smal children begging for food . see stat. 9. hen. 3 : 29 * . 43 eliz. 2. john hall. ( d ) ralph bowes of newcastle late burgess , but disfranchized , upon his oath said , in january . 1649. that formerly he had seen an antient writing belonging to the mayor and burgesses of newcastle , purporting that it was unlawful for any tradesmen to work or live in any port adjoyning to the river of tyne , but onely at the town aforesaid , and that the mayor and burgesses have had the punishing of all such as did work . as also the correction thereof in that port , &c. ralph bowes . it is pitty this gentleman is not restored to his freedom again for this his great discovery . surely this said writing was made by the corporation themselves , it was so conscienciously drawn , it having so little regard to the weal of the publick . chap. xxxix . d. the mayor and witnesses . c. the master swearing . a. the master cutting a purse . b. the clarks telling the mony . to swear against themselves . to be imprisoned . to cut a purse . to pay a fine . are four punishments for one offence . ( a ) thomas hasilwood of london master of a ship upon his oath said , that all masters of ships , which sayleth into to the river of tyne for coals , salt , &c. the mayor and burgesses of newcastle compels them to * swear against themselves , whether they did not cast ballast at sea between sowter and hartly , or within fourteen fathom water , to the hurt of the said river of tyne . and when the said master hath sworn the truth , that he did not , then a poor drunken fisher-man , or other , is called into the town-chamber , and maketh oath that the master did cast ballast , when in truth he did not , he having part of the fine for the same . ( b ) then the masters oath is invalid and laid aside , * and forthwith is commanded to pay a fine of five pounds , or else to cut a purse , which hangs up in the town-chamber , with sand and money in it , and so much as is therein , he must pay , or is sent to prison , and there to lye till he doth pay it . see ch. 14. ( f ) * 12. 5. 17. k. charles ( 19. hen. 7. 7. ) tho. hasilwood , john lockwood , and sam. james masters of ships , proves the like . read these statutes . ( c ) thomas bradford of lyn affirms , that in , or about the year 1652. the mayor and burgesses of newcastle , compelled one richard nes●ing master of a ship to cut a purse * hanging up in the town chamber with monies in it , and paid money for so doing . see chap. 12. ( 5 ) stat. 8. eliz. 4. * tho. bradford . ( d ) in spain if any person do inform against another , let the suggestion be what it will , and the information never so false , the party informed against , is sent to prison , and there kept till he do confess that it is truth , and thereupon is lead to the stake and executed . ( e ) the heathen kings , when they condemn a person to dye for any offence , first sends him a pair of scales , and a weight . if the malefactor sends him so much gold as the weight weigheth , is saved , otherwise not . ( f ) the star-chamber practice was to put a man to his oath to betray himself , and confesse as much as he pleased , and then other witnesses were brought in against him , as that of the lord bucan , and the warden of the fleet upon a complaint made against the warden in the star-chamber , &c. stat. 17. charol . chap. xl. ( a ) iohn harrison of london upon his oath said , that all masters of ships belonging to the coal trade at newcastle , are compelled to swear how many coals and chaldrons they have aboard their ships at newcastle when they are loaden , which is impossible to swear , by reason they buy their coals by weight ; and often the masters occasions draws them aside , so are not then aboard when the coals are shipped , but trusts to his , or their mates . and often the coal-boat hath much water which weighs heavy . also great store of slates , and other rubbish : and often the ships are loaden in the night , so that this oath is a great vexation to their spirits , and disquieting thereof , and conceives that never a time a master swears but he is perjured , and often deceived by the keels-men in the nayles . cap. james greenway , proves the like . ( b ) the oath , ex officio . no man is bound by the law of god , or laws of the land of england to betray himself , in criminalibus , licet in contractibus , not in criminal offences , but in contracts and bargains , it may be whether he did make the contract or bargain in question , but never used to a malefactor , for if witnesses do not come in against him , he is cleared by law , and not put to his oath to accuse himself . ( c ) many are constrained to take an oath , de rebus ignotis , to answer to they know not to what , but gods command is , swear not at all . ( d ) query , whether it be lawful for one to swear being forced ? ( e ) the answer , magistrates may impose an oath , with these three limitations ; first , if the thing be weighty . secondly , if otherwise it cannot be known . thirdly , if it be not a snare to catch a mans self , or trick to make him accuse himself . secondly , magistrates should be very wary how they inforce or constrain men to swear , because they often thereby add fuel unto the fire of gods wrath , by making men forswear themselves ; and therefore it were better to loose the thing in question , than hazzard the loss of a brothers soul , by making him perjure himself . paul would rather chuse never to eat flesh , than to offend his weak brother . ( g ) if yee believe him when he swears , why not upon a solemn protestation ? it should be considered , whether such as is to be put to his oath , fears god ; then he dares no more lye than forswear himself : and if he fear not god , how will he fear to forswear himself ? ( h ) the practice in newcastle is worse , for notwithstanding a man is put to his oath against himself , it will not stand , but another is called in to swear point blanck against what he had sworn . chap. xli . ( a ) william ling master of a ship of ipswich upon his oath said , that henry truelove master of a ship with himself , did cast their ballast at sheilds upon a sufficient shoar , without any harm to the river , for which ( b ) the mayor and burgesses of newcastle , arrested them both , and detained them , till they did pay ten pounds fine for this offence , as they called it . ( c ) he this deponent , with mr. truelove tendered sufficient bail , freemen * , to answer the great council , or the common law for any thing that they had done . this they could not deny by their power . p. 17. n. 7. ( d ) but the mayor and aldermen sharply reproved the bonds-men for daring to offer themselves as bail . and told to him this deponent , and mr. truelove , that for a great council there was none : and for the common law , that they had within themselves , and needed not to yeeld to any other court : and that to prison they should go , and lye and rot , till they had paid the fine , p. 17. n. 7. and then cast them both into their stinking common goal , where onely a wall parted them and such as had the plague , where they lay in that sad and miserable condition in hazard of their lives . ( g ) and was forced to pay the said ten pounds , and all charges , besides the loss of their voyage , which amounted to above 80 li. to their owners . ( h ) * there was no tryal at law , nor any other offence committed , but they could get no right , by reason they were to have the fines , and being judges , jurors and witnesses in their own court , and for their own benefits . see stat. 11. r. 29 ( a ) see ch . 18. ( c ) 23. hen. 6. 10. see ch . 37. ( d ) 28. edw. 3. 3. ( f ) 1. rich. 2. 13. 99. ( g ) 1. ed. 3. 15. ( c ) william ling , and henry truelove , swears the like . ( b ) joseph priestly , with john walker the minister of jarrow , and twelve more upon a tryal at durham assizes , between the dean and chapters plaintiffs , against thomas talbot , and richard allen , gent. concerning the right of jarrow * slike , which by verdict was given to the defendants , upon their oathes said , that they knew jarrow slike by estimation three hundred acres , where a wall was building to have it a ballast-shoar for the good of ships and river , 22 feb. 1638. by ling , and truelove . and that the ballast which was cast thereon , was cast without any prejudice to the river , and there lay safe and sad , and that neither the wind could ever blow it off , nor the rain , nor waves could wash it into the river . see chap. 34. ( a. d. ) * joseph priestly , john walker . how long will yee give wrong judgement , to accept the persons of the ungodly ? psa . 82. 2. chap. xlii . ( a ) captain robert wyard of london upon his oath said , that he with his ship being in the river of tyne at newcastle , in novemb. 1649. where one of his ships company ( it seems ) did cast two or three straw mats out of one of his ships port-holes , yet to this deponents unknowledge , which could do no harm to the river , by reason of its swiming to sea * , but one edward green , and one wilkinson , two free-men of newcastle , standing a quarter of a mile from the ship upon the land , made oath at newcastle , that this deponent cast out ballast into the river , to the prejudice thereof . ( b ) whereupon the mayor and burgesses of newcastle seized him , and fined him twenty pounds ‖ for the same , and constrained him to pay ten pound of it , and ten pound to green , and eight pounds to wilkinson , and twenty four pounds more the suit cost him , being fined by them , for saying they were forsworn , to say he cast ballast into the river , when he neither did , nor was out of his cabin when the mats were cast in . * robert wyard . ( c ) and further saith , that the mayor and burgesses were plaintiffs , judges , jurors and witnesses in this cause of their own fines . see chap. 11. ( e ) stat. 5. eliz. 9. if these men be fined so high for so small an offence , and that igorantly ? what must those men that have offended arrogantly and knowingly a thousand times more ? thomas peach , master of the ann speedwel of ipswich , who by storm was cast upon the rocks near tinmouth castle , and for casting his ballast over-board to save his ship , was fined by the mayor and burgesses . mr. james talbot , for his men sweeping the bins of his ship where there could not lye above one shovel full of ballast , was fined five pounds , and laid it down ; some they took , and some they returned to him again . chap. xliii . ( a ) nicholas pye of london creup , upon his oath said , that mr. thomas partridge of gateshead master , being loaded at newcastle by thomas read , fitter , with bad and unmerchantable coals , which he had sold for good coals to mr. clark of london , and m. o●ridge , m. godfrey , m. harrison , and others at the rate of 31 l. the score , but proving so bad , that he was threatned to be sued by the said gentlemen that bought them , and was constrained to compound for the same , and lost 6 li. in every score . and that he hath known much bad coals , which the freemen of newcastle forceth masters of ships to take , to the great loss on all hands : nicholas pye. pray look into the tenth year of king james , what punishment hath been for the same formerly . the said thomas read did give 20 li. as part of satisfaction to the said m. tho. partridge the master , and in consideration of his great wrong , &c. ( b ) captain gregory butler , captain of a man of war for the parliament , upon his oath said , that in april 1650. he this deponent wanting some ballast for his ships use , being at shields , required a master of a ship of yarmouth , to cast his ballast into his ship for the states use , which the said master did with much care , and no prejudice to the river . ( c ) for which the mayor and burgesses of newcastle refused to suffer any coals to be laid on board of his ship , till he paid 5 li. fine for this contempt ▪ and forced him to pay a fine , and to pay eight pence for every tun of ballast ( besides ) computing it to 48 tun , and then , and not before , he could get any coals see chap. 44. gregory b●●ler . thomas partridge master affirms , that mr. alderman samuel rawling forced him to pay for 80 tun● of ballast , when he carryed but 42 tun. every freeman pays six pence the tun , and un-freeman pays eight pence , there is no warrant to demand any such sum . t●omas partridge . ( d ) richard leaver of ipswich , master of a ship upon his oath said , that for his casting out ballast at shields upon a more convenient shoar than any was at newcastle , and without any hurt to the river , went to newcastle to the coal-fitter to be laden , but could get none , by reason of a combination of the free hoast-men who had made a new ordinance * amongst themselves in the free hoast-mens court , that who should dare to sell a coal to any such master of a ship , as did not cast ballast upon the town shoars should forfeit twenty pound a time . ( e ) upon which this deponent waited above ten dayes and could not get coals for money , but at last prevailed with one of the fitters of coals at newcastle by promising him to save him harmlesse , and he would load him , which was done . for which the said mayor and burgesses cast the said fitter into prison , where he lay till a fine of five pound was paid for his ransome , with other charges , which he this deponent was forced to pay , besides losse of his voyage ; this was without any triall at law , &c. ( see 19. hen. 7. 7. * ) 28. ed 3. 3. rich. leaver . chap. xliv . ( a ) rich . leaver of ipswich master of a ship , upon his oath said , that for the only gain and advantage of some aldermen and a few other private persons of the town of newcastle , no masters of ships can be tollerated to cast ballast in any part , but at their ballast-shoars , which is unlawful and very prejudicial to the river and trade . and must often pay for eighty tun of ballast * when indeed there is but forty to be paid for . ( b ) and do hinder all coals from being sold to any ship which do cast ballast at shields upon as sufficient shoars , and better than the other , both for the good of the river , and lesse hurt to ships , and more voyages made in the year . ( c ) also that the mayor and burgesses do prohibit all the coal-owners in both counties of northumberland and durham for selling their own coals , it tending to the said owners utter undoing , and the cause of many voyages lost in the year , to the great prejudice of the poor , and much losse to the state. ( d ) and that there is more convenient places to build ballast-shoars , which will last for hundreds of years without hurt to the river , at , and neer shields , then where they are at present . see chap. 43. see the following deposition . richard leaver . cap. butler , samuel james , cap. philips , and jeremiah low , proves the like . ( e ) thomas cartwright of lyn merchant , upon his oath said , that by reason all coals are ingrossed and sold by the free-men , the mayor and burgesses of newcastle onely , tends to the great impoverishment of the coal-owners of the two counties , where all the coals are . ( f ) also that it is the cause of the high and excessive rates of coals at london and sea-coasts , and losse to the masters several voyages in the year . ( g ) and to the state likewise in customes of the three shillings per chalder . ( h ) and that he hath known many ships denied to be laden with coals , only for casting ballast at shields to their extraordinary losse , which is the cause of coals being sold the dearer , they staying so long for them . ( i ) and that the said mayor and burgesses being the sole cause hereof , and likewise engrosse all provisions coming in by sea ; and sets their own rates thereon , and takes excessive * towl , one peck of every grain of corn. see stat. 22. hen. 8. 8. * . see chap. 44. ( c ) ( a. ) tho. cartwright , mr. symonds , and wil. reavely proves the like . 1 the pre-emption of tyn , soap , salt , cards , &c. was adjudged grievous , and why not coals , which is of as great use , nay more , as appears by ordinance of parliament , 1640. ( a ) also they were damned by the judgement of the sage judges in sergeants-inn upon a conference then had before that parliament began , as being repugnant to the law. 2 and why a monopoly of coals more upon the owners , then on any thing else in england ? and more of them to be inslaved then any other people of england ? i appeal to god , the whole world , as also to the coal-engrossers themselves whether it be just ? &c. chap. xlv . ( a ) december 1653. a charge was exhibited to the committee for inspections , and advance of customes against mr. george dawson collector of the customes of newcastle , the contents being as follows , viz. ( b ) that the state hath been , and is much wronged in their customes in that port , by reason some of the said customers , are traders , merchants , &c. and many ships vexatiously troubled without just cause , onely by reason they buy not their coals from them , and ordinarily give coals for reparation custome-free . as also a second charge exhibited to the commissioners of customes , not doubting but to receive justice at either place , here follows the deposition , viz. ( c ) jonas cudworth of newcastle upon tyne draper , upon his oath * in december last , said , that mr. george dawson of newcastle , collector of the customes in the same port , did exercise the trade of a free-host-man * in the year 1651. and imployed for his fitter one tho. read , who loaded several vessels with coals , and cleared them in the name of the said mr. dawson . ( d ) and in the year aforesaid , one john grip master of a hoy belonging to hamborough , was laden with coals by the said thomas read ; and information being by this deponent to the survey or of the said port , by name mr. meriton , that the said grip had shipped a great quantity of coals more then he had cleared for , and paid the duty of customes . the said mr. meriton had acquainted the said george dawson herewith . after which notwithstanding , information was made , and seizure also should have been made . he the said george dawson did admit of a post entry of a small quantity of the said coals , and after cocket granted , and did not unload the said vessel to discover the fraud & seize the same . ( e ) this deponent further said , that about the same time , the said george dawson did unload another vessel belonging to peter hofman of dantzick to his great damage before any cocket granted ; and refused to let any entry be made , though offered before full loading . and for reparation thereof , he gave to the said master four chalder of coals custome free . and the said master , george dawson , had , and hath parts of ships , * and trades over sea with coals . ( see stat. 3. hen. 7 7. * ) 14. rich. 2. 10. jonas cudworth . ( f ) these are humbly , to certifie , that david lindiman master of a ship called the fortune of statin , did load his ship with coals in the said port of newcastle upon tyne , and cleared in the custome-house for threescore and twelve chalder of coals . and that jonas cudworth of this town came and told me , that the state was wronged of custome for forty chaldron of coals in that ship , and gave the names of the masters of keels or boats that laid the coals aboard , and requested they might be sworn , which was done , and the information found true . the said mr. lindiman did pay for forty chalder of coals , more then he had entred for in the custome-house , which custome amounted to fifty and odde pounds . all which i humbly conceive the state had been defrauded * of , if the said jonas cudworth had not informed thereof . see stat. 11. hen. 6. 15. tho. meriton surveyor . newcastle upon tyne 23. of march. 1643. it is the old proverb , foul birds bewrayes their own nest . if one ship could cheat the state so much as fifty odd pounds custome , what do hundreds of ships do ? see chap. 46. ( b. ) chap. xlvi . ( a ) george philips of london master and captain of a ship upon his oath said , that for his casting ballast at shields upon as sufficient ballast-shoars as any can be , could not obtain his loading of coals , for doing thereof , being denied by the mayor and burgesses of newcastle , and lay five weeks for the same , and at last obtained favor from one major tolburst , and mr. readnal , to furnish him with keels or lighters , to fetch such coals as he could procure . and when he had loaded his ship , mr. george dawson collector of the custome-house , and * officer of the corporation of newcastle , sometimes mayor , alderman , justice of peace , and merchant , and mr. george blackstone cheque of the custome-house , issued out a warrant under the town-seal and custome-house-seal , to seize his ship and coals upon the 19. of april 1651. which warrant is extant amongst the records at white-hall . see stat. 3. hen. 7. 7. * 11. hen. 6. 15. george philips . ( b ) coales the chalder at newcastle , doth cost the masters of ships ten shillings the chalder newcastle measure , and one shilling custome , ordained by queen elizabeth . for all coals carried beyond sea by any english man , pays by the chalder for coals and custome , eleven shillings four pence , as by an act of parliament of the 28. of march , 1651. appears . for all coals carried by any stranger , payes the chalder double , being for custome per chalder , two and twenty shillings eight pence , and argiere duties , &c. in all six and twenty shillings and ten pence custome , besides the price of coals and fraught . for all coals at the market in every port two shillings per chalder excise towards building of frigots . and for all coals sold by the tun one shilling per tun. and for all scotch coals two shillings six pence per tun. ( c ) and yet notwithstanding these impositions , coals might be sold for twenty shillings the chalder all the year long at london , with greater gain to the masters and seamen , if ballast-shoars , were at , or neer the shields . ( d ) provisions for the relief of the multitude of shipping above nine hundred sail , and the inhabitants there . ( e ) coals to be bought from the first hand , then there might be as many more voyages in the year , as now they make . ( f ) the masters of ships desires onely their due measure , and then they would not regard the odd chalder given to the score ; all which they are debarred of most unjustly , for commonly where ships takes in at newcastle one hundred thirty six chalder of coals , and expects to make at london two hundred and seventeen , or else loseth , besides having bad coals a long voyage , there are computed three hundred and twenty coal keels alias lighters , and every keel accounts to have carried every year eight hundred chalder of coals to ships , then judge how many thousand london . chalder is carried away . see chap. 23. john wrenham , robert re●x . chap. xlvii . people robbed in the open market , and others , onely passing through newcastle . a , c , e. three newcastle-men . b. isabel orde . d. john williamson . ( a ) elizabeth lumsdel , upon her oath saith , that one john williamsons wife and servants , having bought forty pounds worth of tobacco ( who dwelt at braughton in the county of cumberland ) which said tobacco , all duties of excise , custome or toul were paid , and carrying the same through newcastle towards carliste-market , one mr. huntley , and mr. stranguage merchants , made * a seizure of the said tobacco and horses , by order from the magistrates , pretending it were foreign bought , and foreign sold , * and therefore confiscate to their use . the poor people petitioned sir arthur heisterigge for the same , who interceded hard with them for the restauration thereof , but it was refused , yet they fearing sir arthurs displeasure , sold the tobacco for thirty pound , and restored to the poor owner but fifteen pounds thereof . ( b ) this deponent further affirms upon her oath , that about the same time one isabel , wife to henry orde sitting in open market selling a role of tobacco , who had paid all duties , the said mr. huntley , and mr. stranguage made * seizure by strong hand of the said tobacco from the poor woman , and would not acquaint them with the reason , whereupon in passion she called them robbing rascals , for which they sued her poor husband in their own court , and put him to great expences ; she this deponent , with the said isabel , hard petitioned judge thorp for her tobacco , who sent for the two merchants , and demanded the reason of their taking away the poor womans tobacco in the open market , who produced a warrant from the mayor , who likewise was sent for , by name mr. william dawson , the judge demanded of him , by what power he durst rob people in the market , who replyed , foreign bought , and foreign sold , my lord ; but command was given by the said judge to restore the same , but after departure it was not ; then the judge granted a warrant for restoring the same upon his going away , and when it was shewed the mayor , he snatched it , and put it up into his pocket , and would not restore the said tobacco ▪ but sleighted the said warrant . see stat. * 3. ed. 1. 24. ●1 . ric. 2. 7 , 27. ed. 1. 5. 6. ed. 6. 9. see chap. 49. 51. eliz. lumsdel . chap. xlviii . ( a ) lettice hume , upon her oath said , that no victual or other provisions coming in by sea for the relief of northumberland or county of durham is permitted to be sold at shields , but all is compelled to newcastle by the magistrates , and there ingrossed after three market dayes , tuesday , saturday , and tuesday , and payes double tole , * in and out , & pays double rates for the same , and that she hath often known boats , and provisions cast away , and peoples lives in going and returning from shields to newcastle in stormy weather too and from the market , namely , one william re● , with others in the year 1650. at the same time , and before , nor never any coronor sate upon any of the dead bodies , nor young mr. snape , &c. and that greater rates are given for provisions being bought up by the towns-men , then might be had at the first hand . see chap. 11. ( h ) 44. ( i ) 49. ( c ) * stat. 3. ed. 1 , 20. 23. ed. 3. 6. * mary hume , lettice hume proves the like . ( b ) mr. richard blewet , brother to commissary blewet affirms , that in , or about the year 1649. rye was at sixteen shillings the bowl in newcastle , none to be got for the poor , but from the merchant who had bought it all up , that the poor being in great want , sir arthur haslerigge caused the said commissary to lay out a thousand pounds of the publick stock upon rye , from the first ships that came , and to sell it for the relief of the poor , four shillings under the market , which was done . ( b ) the merchants of newcastle , proffered to his said brother , the market price for all the corn he had bought , which was sixteen shillings the bowl , when they saw the said commissary sell for eleven shillings per bowl to the poor , and the commissary was a great gainer at eleven shillings , and paid as much as the merchant . ( c ) and by reason the said commissary did refuse , some of them threatned , if ten thousand pounds would break his back in suit for daring to sell corn in their town , he not being a free-man , it should . this information i had from mr. blewet , who will make it good upon his oath , when called , and from mr. nich. ogle . they will neither doe good , nor suffer good to be done ; much like the dog in a manger . see stat. 5. 6. edw. 6. 14. 23. edw. 3. 6. 2. edw. 6. 15. 5. eliz. 12. chap. xlix . ( a ) william reavely of lyn , master of a ship upon his oath said , that by reason of the ships not casting ballast at shields , above four if not five voyages are lost in the year compleat . ( b ) that all provisions brought in by sea , are compelled up to newcastle ; and there ingrossed into the free-mens hands , people often going to market have lost their lives ; and many starved to death in the two counties , which cannot get to newcastle market in the winter season , by reason of the great storms of snows , and the river frozen , and no market allowed for the countries relief at shields , where many thousand of passengers , sea-men , and inhabitants are , being twelve miles from any market in the fame county . ( c ) that he this deponent , and ships company , hath often been constrained to go to sea without bread or beer , none being to be got at shields on a sudden , and have drunk water for above five daies , which hath so weakened his men , that they were in great danger of their lives . and that from newcastle , they often send down dead beer , and the casks but half or three parts full , from the brewers of the said town ; and bread wanting above two pence weight in the shilling , and not looked after by the magistrates . ( d ) that they the said mayor and burgesses of newcastle aforesaid , did ruin one mr. johnson , and mr. hilton for brewing at shields for the relief of the ships . and that they rooked from him this deponent twelve barrels of beer , which he brought from lyn for the relief of the poor at shields , and made it confiscate ; arrested him , and cast him into prison , sued him , and made him enter into sixty pound bond never to bring in any more . also kept a bag of hops which was sent to a friend in northumberland , and that he hath known them often do the like to others , they being judges , jurors , and witnesses in their own cause . ( e ) that they take excessive tole * , above a peck of corn of every grain brought to be sold by vessels , besides all other duties . ( f ) that the said magistrates force men to swear against themselves * , and will not tollerate any gentleman to build ballast-shoars upon their own land . ( g ) and that he this deponent hath seen ballast warrants signed by one of the magistrates * , only for keels to carry up ballast from shields , and hath seen the keel-men cast it into the river in the south road , to the rivers great damages * and often dirt cast into the river by servants brought out of the gates when no watchmen were kept . see ch . 39. ( a ) 12. 4 , 14. ( c ) 47. ( b ) 51. see sta. 27. ed. 1. * 51. hen. 3. 15 * . 11. hen. 7. 4 * . 5. 6. ed. 6. 9 * . 3. ed. 1. 20 * . 17. k. char. * william reavely . ( g ) hugh farrow of lyn , master of a ship upon his oath said , that he and his ships company having lyen so long at shields for a fair wind with the fleet , that when they had spent all their provisions , at no time could obtain any from shields , by reason obstructed by the magistrates . and having sent up his boat and some of his men for some at newcastle , the wind came fair , and on a sudden the ships all set sail to sea ; so that he this deponent must loose the protection of the fleet , and hazard himself to the mercy of the enemy , or must leave his men and boat behind , which the latter he did , and was constrained to drink stinking water for four daies , for want of beer , which might be conveniently got at shields . and he was in greater danger of loosing his ship for want of his men . hen. farrow . chap. l. ( a ) io : gardener of london upon her oath said , that within this seven and twenty years or thereabouts , she knew the usual practice of the mayor and burgesses of newcastle , was to ingross all provisions into their hands , as corn , &c. and have kept it * in their corn-lofts ‖ till so dear , and at such high and excessive rates that most people could not buy it . and that the people of northumberland , and county of durham , being in great want for bread , that many were constrained to let their beasts blood , and made cakes thereof to eat instead of bread , and in the spring time many of those beasts dyed being over-blooded . ( b ) other poor people killed their coal-horses for food , some eating d●gs , and cats , and starved : many starved to death * , sixteen or seventeen dead in a hole together ; and yet at the same time many hundred bowles of corn cast into the river being * rotten , and mouldy , and eaten with rats ; and some of those people boasting , they hoped to see the day a bowle of corns price should buy a silk gown . this was not in the time of war. and the countries might have had plenty , if it had not been ingrossed by them . see stat. 5. eliz 12. * 23. ed. 3 6 * . jo. garnerer . major will. burton late member of parlament , tho. hesilwood , and wil reavely , proves the like . ( b ) richard tayler upon his oath said , that the mayor and burgesses of newcastle do compel all iron and other necessaries , which comes in by sea for the salt-pans and colliers use , at and near shields to be carried up to newcastle , and unladen upon their town-key at the charge of the owner , and to pay toule , and the same vessels forced to sail back to shields empty , and often such vessels sinks by the way ; and their own vessels must be hired at their own rates to carry it back again to shields , being some times fourteen daies in getting down thither , though present use be for the same , and divers times cast away . so that ships utterly refuse to bring such commodities , to be put to such unnecessary and needless trouble and charge ; and this is done constantly , notwithstanding all duties are paid . and the ship or vessel comes onely for salt at shields where it is made , and not to newcastle , where they have no business , see sta. 21. hen. 8. 18. rich. tayler . will. reavely . ( c ) it were less damage to the commonwealth for allowing seamen for their encouragements 5 l. custom-free of goods , then thus to be abused by meer pretences of l●ss of custom , especially by such who wrongs the customs . see ch . 45. ( f ) chap. li. ( a ) alexander symonds of lin merchant , upon his oath said , that all commodities , as well dead vict●all , as other merchandize are compelled up to newcastle which comes in by sea ; and ther , by the mayor and burgesses , are ingrossed and bought up by them ; nothing to be landed elsewhere but at newcastle , notwithstanding all ships do lye at shields , and passengers ; and often in stormy weather , and river frozen , none can pass too and fro for any relief from thence , and none to be had elsewhere . and if there be any it is seized on by them of newcastle , and confiscate to their own use . namely beer from one will. reavely and divers others , see chap. 11. ( n ) 47. ( a ) 49. ( d ) 50. ( a ) alexander symonds , and thomas cartwright , depose the like . ( b ) captain james greenaway of london affirms , that his ship was at shields , in company with a fleet of loaden ships , where they all had lyen a long time for a fair wind , and had often spent their provisions . on a sudden the wind came fair , and the whole fleet set sail for london . he this deponent having spent all his bread , could get but two dozen at both shields , yet was necessitated to set to sea with the fleet , otherwise had lost their protection , if staid till he sent to newcastle for bread . ( b ) the whole fleet being at sea , the wind came cross , being a violent storm , that it was five daies before they could get so high as scarborough , some twenty leagues from newcastle , and then the storm ceased : and he this deponent got ashoar to scarborough for bread , when the wind coming fair the fleet sailed out of sight , so he lost their protection and company . ( g ) he getting aboard , and sailing after them , was taken by a dunkirk man of war , lost his ship , goods , and money ; his ●hip being worth 800 l. goods 200 l. and money 400 l. all which might have been saved , if bread , beer and provisions had been admitted to be sold at shields . onely are hindered by the tyrannicall power of the mayor and burgesses of newcastle . james greenaway . ( h ) john h●ulden , upon his oath said , that in or about the year 1648. a master of a ship was arrested and imprisoned onely for selling of a little corn to commissary west , by the mayor of newcastle , he alleaging the town was not served . but sir ar●bur hazlerigge caused the mayor to release the said master ; and demanded by what power , law , or right they ought to imprison any man for selling his own commodity in the market or key ; and told mr. ledger then mayor , if he did not release him the souldiers should . john holden . chap. liii . many poor women imprisoned , and hanged for witches . a. hangman . b. belman . c. two sergeants . d. witch-finder taking his money for his work . ( a ) ioh. wheeler of london , upon his oath said , that in or about the years 1649. & 1650. being at newcastle , heard that the magistrates had sent two of their sergeants , namely thomas s●evel , and cuthbert nicholson into scotland to agree with a scotch-man , who pretended knowledge to finde out witches by pricking them with pins , to come to newcastle where he should try such who should be brought to him , and to have twenty shillings a peece for all he could condemn as witches , and free passage thither and back again . ( b ) when the sergeants had brought the said witch-finder on horse-back to town ; the magistrates sent their bell-man through the town , ringing his bell , and crying , all people that would bring in any complaint against any woman for a witch , they should be sent for and tryed by the person appointed . ( c ) thirty women were brought into the town-hall , and stript , and then openly had pins thrust into their bodies , and most of them was found guilty * , near twenty seven of them by him and set aside . ( d ) the said reputed witch-finder acquainted lieutenant colonel hobson that he knew women , whether they were witches or no by their looks , and when the said person was searching of a personable , and good like woma● , the said colonel replyed and said , surely this woman is none , and need not be tried , but the scotch-man said she was , for the town said she was , and therefore he would try her ; and presently in sight of all the people laid her body naked to the waste , with her cloaths over her head , by which fright and shame , all her blood contracted into one part of her body , and then he ran a pin into her thigh , and then suddenly let her coats fall , and then demanded whether she had nothing of his in her body but did not bleed , but she being amazed replied little , then he put his hand up her coa●s , and pulled out the pin and set her aside as a guilty person , and child of the devil , and fell to try others whom he made guilty . ( e ) lieutenant colonel hobson perceiving the alteration of the foresaid woman , by her blood settling in her right parts , caused that woman to be brought again , and her cloathes pulled up to her thigh , and required the scot to run the pin into the same place , and then it gushed out of blood , and the said scot cleared her , and said she was not a child of the devil . ( f ) so soon as he had done , and received his wages , he went into northumberland to try women there , where he got of some three pound a peece . but henry ogle esq a late member of parlament laid hold on him , and required bond of him to answer the sessions , but he got away for scotland , and it was conceived if he had staid he would have made most of the women in the north witches , for mony . ( g ) the names of the prisoners that were to be executed , being kept in prison till the assizes , and then condemned by the jury being burgesses were , matthew bulmer , eliz. anderson , jane hunter , mary pots , alice hume , elianor rogerson , margaret muffet , margaret maddison , eliz. brown , margaret brown , jane copeland , ann watson , elianor henderson , elizabeth dobson , and katherine coultor . these poor souls never confessed any thing , but pleaded innocence ; and one of them by name margaret brown beseeched god that some remarkable sign might be seen at the time of their execution , to evidence their innocency , and as soon as ever she was turned off the ladder , her blood gushed out upon the people to admiration of the beholders . john wheeler , elianor lumsdel , and bartholomew h●dshon , proves the like . ( h ) the said witch-finder was laid hold on in scotland , cast into prison , indicted , arraigned and condemned for such like villanie exercised in scotland . and upon the gallows he confessed he had been the death of above two hundred and twenty women in england and scotland , for the gain of twenty shillings a peece , and beseeched forgiveness . and was executed . ( i ) the judgement nor execution is not in question , nor questioned , being ordinary ; but onely it being desired to know by what law the magistrates of newcastle could send into another nation for a mercinary person to try women for witches , and a bell-man to cry for them to be brought in , and twenty shillings a peece given him to condemn them ? ( k ) queery , and by what law men are hired to give evidence to take away peoples lives , and the convicted estates to come to the jurors , being extraordinary ? the lord protector , commands all judges , justices and witnesses to appear to execute justice , and give evidence gratis . queen elizabeth by her charter grants to the mayor and burgesses , all fines and fellons goods in that town and liberties , zech. 11. 5. see chap. 58. ( c. d. ) chap. lv. a. robert sharp . b. a●● biulestone . ( a ) iohn wil●is of ipswich upon his oath said , that he this deponent was in newcastle six months ago , and there he saw one ann biulestone drove through the streets by an officer of the same corporation , holding a rope in his hand , the other end fastned to an engine called the branks , which is like a crown , it being of iron , which was musled * over the head and face , with a great gap or tongue of iron forced into her mouth , which forced the blood out . and that is the punishment which the magistrates do inflict upon chiding , and scoulding women , and that he hath often seen the like done to others . ( b ) he this deponent further affirms , that he hath seen men drove up and down the streets , with a great tub or barrel opened in the sides with a hole in one end , to put through their heads , and so cover their shoulders and bodies down to the small of their legs , and then close the same called the new fashioned cloak , and so make them march to the view of all beholders ; and this is their punishment for drunkards , or the like . ( c ) this deponent further testifies , that the merchants and shoe-makers of the said corporation , will not take any apprentice under ten years servitude , and knoweth many bound for the same terme , and cannot obtain freedome without . 5. eliz. 4. these are such practices as are not granted by their charter law , and are repugnant to the known laws of england . ( d ) drunkards are to pay a fine of five shillings to the poor , to be paid within one week , or be set in the stocks six hours , for the second offence , to be bound to the good b●haviour , 1 k. james 9. 21. 7. ( e ) scoulds are to be duckt over head and ears into the water in a ducking-stool . ( f ) and apprentices are to serve but seven years 5. eliz. 4. i was certainly informed by persons of worth , that the punishments above , are but gentle admonitions to what they knew was acted by two magistrates of newcastle , one for killing a poor work-man of his own , and being questioned for it , and condemned , compounded with king james for it , paying to a scotch lord his weight in gold and silver , every seven years or thereabouts , &c. the other magistrate found a poor man cutting a few horse-sticks in his wood , for which offence , he bound him to a tree , and whipt him to death , related by william wall vintner in gates-side , tho. watson scrivenor on sandhill , and ralph watson late minister in northumberland . chap. lvi . ( a ) five and twenty years ago , upon the trial with the mayor and burgesses of newcastle , and sir robert * heath the judgement of the most ancient and experienced masters of the trinity-house in london , were required in answer to the town of newcastles objections , as is upon record in the trinity-house . ( b ) newcastles saith , if ballast-shoars be suffered to be built at , or near the shields * it would hinder the towns trade , and ●ndanger the river of tyne . neither can any ballast-shoars be built at shields below a ful sea-mark , or in any part of the river by any but newcastle , by reason all that ground to a full sea-mark on both sides the river , is the towns by charter from sparhawk to headwin streams , fourteen miles in length . see chap. 20. ( a ) 19 ( e. g ) ( c ) answer , to the first , it will not hinder the town of trade , but advantage the whole nation , especially that town , by reason double trade will be drove thereby , and cause coals to be cheaper at half rates then now they are at , and the river better preserved . ( d ) secondly , it will better the river , for inning of void and waste grounds and flats in rivers causeth the streams to be more strong , and run more swift , which thereby will soowr and cleanse the channel , and consequently gain more water to the river , preserve the banks from falling into it , help navigation , for the deeper the water , the more navigable , the lesse danger , and more safety for ships . see chap. 19. ( h ) * ( e ) it is also answered by others , if the ground to a full sea-mark be theirs ; then why should they proffer to king charles * two hundred pound for jarrow-slike , 1637. all which the water covers , and is within a full sea-mark . see 20. chap. ( c. d. ) ( f ) also why should thomas bonner the alderman , buy sir henry gibs his ballast-shoar to a low water-mark at jarrow for his use from the town ( were it theirs before ? ) ( g ) and why should mr. gibson * swear none of that ground which they claim to a full sea-mark is theirs ? see 34. chap. ( b. ) ( h ) in the treasury at westminister those ancient records , will quickly decide the controversie , making it appear , that the one third part of the river on the south-side belongs to the gentry of the country of durham , and all grounds to a low water-mark ; and the like on the north-side to the gentry of northumberland , and the other third part free for ships and vessels to sail too and fro , for the relief of the inhabitants . see chap. 34. ( a ) ( * ) ( b ) see chap. 4. ( * ) ( i ) it is too much , that the corporation should be lords of both the sea , and all the land. and it is too little , the commoners in both counties , should have neither sea nor land , being born to all alike . a quo warranto would know by what power they claim one shilling for every ballast bill , one shilling for every salt bill , three pence for every chalder of coals , two pence for every weigh of salt , and eight pence the tun for all ballast , and i am confidently perswaded ( k ) would void them all , for they are neither customary , nor warrantable by law , ( so unlawful ; ) as for other duties , as tunage and poundage , customes , lightage , otherwise called beaconage , boyage , for maintaining of peers , and ancoridge with tole , it will hardly be questioned , except abused , let them complain that are agrieved &c. see stat. 30. edw. 1. 1301. instead of a mayor in that , and such like corporations , a king cattelus spirit to govern , were better , who hanged up all oppressors of the poor , for an example , whereby he reigned twenty yeers in peace : also a lud , who made good laws , and took away all usages that were bad , and reigned long in peace and plenty . chap. liv. his excellencie , o liuer cromwell , generall of all the forces of england scotland , & ireland , chancelour of the vniversity of oxford , lord protector of england . scotland and ireland . rg . fecit . peter stent ex● : 1653. an act for a free-trade in the river of tyne for coals , salt , &c. ( a ) whereas trade and commerce is become now more than formerly the interest of this nation ; and it is therefore the duty , as well as the wisdome of this parliament , to secure and advance the same : and in order thereunto , and for other great ends of honour and safety to increase the shipping , and incourage navigation . and and whereas a great part of the stock , and wealth of this nation lyes in the well husbanding and managing of those home commodities of coals and salt , milstones , glasse , the chief trade whereof is exercised upon the river of tyne . and in the county of northumberland and durham . ( b ) and whereas the parliament hath been informed of great exorbitances done and committed , by the town and corporation of newcastle upon pretence and colour of powers , priviledges , and franchises granted to the said corporation , whereby it appears , ( c ) that the free and quick trade of those staple commodities , hath been much obstructed , the river made dangerous , and in many places almost un-navigable , and encrease of shipping , so considerable a nurcery of martiners greatly ruined , and navigation too much discouraged ; for remedy herein . ( d ) be it enacted , declared , and ordained by this present parliament , and by the authority thereof , that all former powers , priviledges , and grants made , and granted to the town and corporation of newcastle , or to any other person or persons whatsoever for the conservancy of the river of tyne , be , and are hereby repealed , made void , and null , and the committee of the admiralty by authority of parliament , or any five of them , be , and are hereby authorized and required to nominate and appoint fit and able persons , as well of the counties of northumberland and durham , seacoast , and port of london , as of the town and corporation of newcastle , to have the charge of , and to be conservators of the river of tyne , and to invest , and impower the said persons , with all priviledges and power necessary , to enable them for the better , and more effectual carrying on , and performance of the said service . ( e ) and the said commissioners are hereby further impowred , and enable from time to time , to give , and prescribe unto the said conservators , rules , and instructions for to observe and pursue , and to require obedience thereunto , and to receive and examine complaints , and to hear witnesses upon oath ( which oath they the commissioners or any three of them are hereby enabled to administer ) and to punish offenders by reasonable fine , and punishment by imprisonment , and to displace , and to remove conservators upon just and reasonable cause , and to lessen , or adde to their number as they shall see cause , and to direct and order all other matters requisite , and necessary for the conservancy of so famous and commodious a river , and for preventing of all such damages , mischiefs , and newsances as may hurt or ruine the same , and to settle a stipend upon the said conservators , and to direct the same , and other necessaries , and incident charges to be allowed , and issue out of the profits of the said river . ( f ) and be it further enacted and ordained that sufficient and well fenced ballast shoars , keys , and steaths be built and erected either at shields , or such other convenient place , as the said conservators , or the major part of them shall think fitting ; and the said conservators are authorized and required to use and direct all good wayes and means according to such powers and directions as they shall from time to time receive from the said commissioners of the admiralty to prevent and remedy all damages that may happen by losse of ships , and mens lives at sea , by casting their ballast over-board , or into the river , at unseasonable times , or unfitting places , or from the ballast-shoars , being carelesly kept through great winds , rains , or other casualties washing down the ballast , and that from henceforth , no masters of any ships , or other vessels , be constrained to go up the river , and to heave out their ballast at the shoars belonging to the town of newcastle , or be hindred to load coals , or discharge their ballast , where they may with most conveniency and safety perform it , as well to the road-steads it self , as to their shipping . ( g ) and further , that all masters of ships , trading to the said river of tyne , have hereby liberty and power to make use within the said river of what ship-carpenter , or ship-wright , or other artificers or persons they please , and find fittest for their own conveniency in times of distresse and necessity . ( h ) and of what able sea-men they shall think fit for pilots . ( i ) and have hereby liberty to buy , or take in at any place of the said port of river , bread , and beer , and other necessaries for their own spending and victualling . ( k ) and that all goods and provisions which come in by sea , for the use of the salt-works , colleries , and other buildings , at , or near the shields , may be delivered at the shields , course being taken for paying and satisfying all duties payable for the said goods and provisions . ( l ) and all persons , who are willing , are hereby encouraged , and have liberty to build ships and vessels on the said river , for the encrease of trade and navigation . ( m ) and that all this be done without any fine , imprisonment , confiscation , or other molestation of any person , vessell , or goods , for , or in reference to any of the princes , any law , usage , practice , custome , priviledge , grant , charter , or other pretence whatsoever to the contrary notwithstanding ; provided alwayes , ( n ) and it is hereby enacted , that no ship , or vessell whatsoever , that shall bring in any kind of merchandize or grain for the proper use of the town of newcastle , usually coming to the said town of newcastle , and places adjacent beyond , shall deliver , or land the same , or any part thereof , at any other place within the said harbour or port , but at the said town , or as near to it as formerly have been accustomed . ( o ) and to the end so useful a commodity at that of sea-coal , wherein the poor of this commonwealth are so principally concerned , may come cheaper to the market ; and that coal-owners may not be in a worse condition then the rest of the free people of this nation . be it enacted and ordained , that the said coal-owners in the respective counties adjacent to that river , may , and have hereby liberty to let leases of their coal-pits , and to sell their coals to whom they please , as well to ships , as else-where for benefit of the publick , though they be not free of that corporation of newcastle , due course being taken for securing , paying , and satisfying to the state all duties payable thereupon . and be it further enacted , that north-shields in the county of northumberland be made a market-town two dayes in the week to be holden , or munday and thursday , for the relief of the country , the garrison of tynmouth castle , the great confluence of people , and fleets of ships , and that the commissioners of the great seal , be hereby authorized to issue out such powers as are requisite , and usually done to other markets in the commonwealth . this is the copy of what was to have passed after debate , if the late parliament , had continued , &c. appointed to be drawn up by order . having given a short relation of the sad events by charters , and acted by subjects , i shall now trouble your eye and ear to her what kings have done to these poor northern people formerly . therefore now deliverance is expected , &c. leaving it to the judgement of the reader to judge whether it be not time , &c. viz. the danes laid claim to the crown of england , the kings laid claim to the peoples lives ; and corporations to their estates , ( what was free ? ) judge what reason england hath to submit to those illegal charter-laws , invented by a prerogative , whose usurpation was not to be owned , as by the sequell appears ; king harrold who assumed the crown of england to himself , lead an army to battell in sussex , where william the conqueror , bastard earl of normandy met him , having the assistance of the earl of flanders , by reason he was promised a good part of england if he conquered it , at which place king harrold was killed , and sixty seven thousand nine hundred seventy four english-men , in the year 1060. at which time he consumed many towns , subduing where ever he came , except kent , who contracted to hold their land in gavel-kind , all england else being over-come by this said stranger , &c. when the normans ruled england , the laws were in that tongue , but they being extinguished , we find the benefit of our laws in our own tongue , and doubts not but to be restored to our ancient right ; for so long as monarchs were rulers , monopolies were in force , but now such power being thrown out of doors , and being become a civill free state under the government of our own free-born ; chosen , according to the command of god , as deut. 17. 14 , 15. by which monopolizers dare not assume to petition for a revival of such their illegal grants , being found to be the greatest of evills in a commonwealth . all kings were sworn that justice should neither be bought nor sold , nor any hindred from it ; to ordain good laws , and withstand all rapines , and false judgements . charters are no other than commissions , impowring persons uncapable of the laws , to be judges and justices in every respective corporation , which charter and commission is sold , and the members thereof are judges in their own causes . so justice is both bought , and sold , besides breach of oath , neither can a foreigner obtain any right , if it be against the said corporation , so that it is right in these judges judgement to do wrong . i shall give you a short relation of the miseries , the county of northumberland hath tasted of to this day from william the conqueror , and what little need there is newcastle should so tyrannize over them , &c. william the conqueror having killed many , and destroyed the land , and brought under his subjection , the people , caused such who did oppose his forces , at ely , to have their legs and hands cut off , and their eyes put out , and then gave liberally to all his norman race , earldoms , baronies , bishopricks honours , mannors , dignities , and farms , all being got by the sword ; upon his divisions , &c. the earle of flanders sent to know what part he should have for assisting him , who sent him word nothing at all , by reason all was but little enough for himself ; then he gave to his son robert cuming the earldome of northumberland , who in possessing of it , acted such cruelty with his army , which came against malcolm king of the scots . the said robert built the castle called the newcastle upon the river of tyne in the county of northumberland , about which was built the town called newcastle , the town taking its name from the newcastle , and not the castle from the town , the said northumberland being so oppressed , that they fell upon robert son to the conqueror , killed him , and his whole army ; upon which william the conqueror sent another army , who had command to kill both men , women , and children , who did it , and wasted the whole county , that for nine yeers there was not any food to be got : and such who had hid themselves in coal-pits , and other places , were constrained to eat dogs and cats , dead horses , and mens flesh , and many of them starved to death , all which nine years time not any ground tilled . northumberland being recruted , and most shamefully abused by the bishop of durham , who killed levisus , was killed by them , for which william the conqueror sent down odo , with an army , who totally laid northumberland to waste , cut off the heads of all the people after they had dismembred them . little of confession or repentance was by king john , as was by william the conqueror , for he upon his arrest at the suit of death , confessed he had committed many outrages , and won england by the sword , and not by inheritance , and was heartily sorry for the wrongs he had done , and required his body to be buried at cain in normandy , when he was dead , they would not affoard him a burial-place till such time as one of his relation was constrained to purchase so much ground , but soon after they defaced his tomb , took up his bones , and brake them , and cast them away . in the fifteenth year of king richard the second , the scots burnt all the towns of northumberland , and the north , as far as york , except rippon , who redeemed themselves with a sum of mony . in the sixth year of king edward the third , 1332. a great battel was fought between the english and the scots near barwick , where was killed eight earls , fifteen hundred horse , and thirty five thousand foot. in the thirteenth year of king edward the third , 1339. an inundation of water surmounted the wall of newcastle , and broke down six pearches in length and drowned one hundred and sixty persons neer the wark knowl . in the year 1345. william douglas lead into northumberland above thirty thousand scots , and fired many towns , but was overcome by a stratagem with bishop ogle . the next year 1346. king david , king of the scots , entred northumberland with a great army , and fought at nevils-crosse , where he was overthrown , himself taken prisoner by one copland of northumberland , who had five hundred pound per annum given to him , and to his heirs for ever . in king richard the seconds dayes 1379. the scots entred england , and killed all men , women and children in the north parts notwithstanding the plague was sorely amongst them . 1383. the scots entred england , and lead all the people away prisoners that were in northumberland , and laid that county to waste . 1384. they entred again , and did the like . 1389. the scots again invaded england , where a great battel was fought at o●terborn in northumberland , where they were over-thrown , and eleven hundred killed , and thirty thousand put to flight ) who upon their flight killed men , women , and sucking babes , and filled houses with people , two hundred in a house , and then shut the doors , and fired the houses . 1399. king richard the second , caused seventeen counties to be indicted , pretending they were all against him ; with the duke of glocester , arundel , and warwick , and commanded them all to give it under their hands , and seals , that they were traytors , though indeed they never were : and then he makes them pay some a thousand pound , some more , some lesse . king henry the fourth ; great fights were between doughlas and piercy in the north. and in the years 1639. and 1643. and 1648. it being well known to all , the misery they brought upon the north , and heavy impositions both upon the north and south parts , as appears in the close of the epistle to the reader , &c. it is no small mercy that we now live so in peace , here being none of those bloody times , and our ancestors would willingly have enjoyed this mercy , and we hunger after blood which they wallowed in , what bloody minded men are these ? i wish them in better minds , and to be contented with that which in former times could not be obtained . many have admired the poverty of northumberland , as well they may , for what with the bloody tyrants , the scots on the north of that poor county , and oppressive corporation of newcastle on the south thereof , bounded in with the high-lands on the west , and the sea on the east , that it can get nothing but stroaks , and worried out of what they have , and not being tollerated to make use of their own , and cold blasts from the sea ; but it would be otherwise if such gentlemen might be re-imbursed for such sums of money as they would expend to vend coals out of hartly , blithe , and bedlington rivers , which be convenient places to vend them at , after some charge , which would be done , by having either their money again , or custome free , for some years to re-imburse them , which would not onely make that poor county as rich as any is , but reduce the excessive rates of coals and salt , and bring in many thousands per annum into the publick revenew , &c. enable the people to be serviceable , and abundantly increase trade and navigation , as also there being as good coals as possibly can be burnt , which now lyes , &c. and others not knowing their right is stript of it . but if one thing they look after , which is to examine some records , they may perceive what is their rights , and which was , especially in a book lodged in the exchequor , made in the year 1080. it being called domus dei , or dooms day , being a perfect survey of all the lands in england , the rent , value , quantity &c. by which william the conqueror taxed the whole nation , and it goeth by the name of the role of winton , being ordered to be kept in winchester , and recites the earldomes , hundreds , tythings , woods , parks , and farms , in every territory and precinct , with plowlands , meadows , marshes , acres , &c. what tenements , and tenants , then the corporation of newcastle , might be as glad to keep what is their own , as they are to take from others , &c. chap. lvii . the reason of my collecting these few statutes is , to shew how they are intrenched upon by an illegal charter , and pressing upon a remedy shal , cite poulton , which is , that seeing we have all received , and allow it for truth , that the ignorance of the law , doth excuse none of offence ; and also that the law doth help the watchful , and not the sloathful man. therefore it behoveth each person first to seek the knowledge of those laws , under which he doth live , and whereby he is to receive benefit , or to sustain peril , and next with all industry to frame his obedience unto them , or humbly to submit himself to the censure of them . and though we find by experience that some men by the sluggishnesse of their natures , others by the carelesnesse of their own welfares ; and a third sort wholly given over to pleasures and vanities do little respect to know , and lesse to obey our criminal and capital laws , being things of great moment & importance , and therefore do oftentimes taste the smart of them , and repent of their follies when it is too late . many there be that by reading , desires to conceive them , others for increase of their knowledge , others in their actions , to be directed by them ; therefore to content such as knoweth not as yet , these heads that they may know what they condemn , and do tend to the breach of the peace of 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 ●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 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 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 dai●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 a● : 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 croun●d at westminster . the 9 of aprill ▪ 1413. he raigned 9 yeares . 2. months . died in the caste● of boyes nere paris the 13 of aug●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 14●● . 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 controlers do imbezel the kings customes , & the merchants be greatly hindred , because that the warrants might plainly shew , and declare their due custome when they be often and unduly impeached in the kings exchequor in consideration of the said deceits , it was enacted that the said customers , and controlers shall write , and deliver sufficient warrants sealed with the seal of their office , to that end ordained , to the said merchants not anything to begiven for the same , but their due custome ; and that in case any customer or controler do the contrary , then the merchant may have an action by vertue of this ordinance to pursue every customer or controler that doth the contrary in every court of record , and being thereof attainted shall forfeit to the king for every default ten pounds , and to the merchant grieved that sueth , five pound . 11. hen. 6. 15. ) see chap. 45. ( e. ) the great danger occasioned by small riots . ( b ) in the 37. year of his reign , began such riots , routs , and unlawful assemblies , that it produced a worse effect then in king richard the seconds daye● , which was occasioned between a yeoman of the guard , and a serving-man of the earle of warwick , which so far increased , not being timely prevented , that it proved the root of many a woful tragedy ; brought to death the duke of york , who was proclaimed successor to the crown , the king , prince edward his son , all , or most of the peers of the land destroyed by sidings , and at least six and thirty thousand of the common people cut off at one battel at toughton in yorkshire , the king , queen , and prince put to flight to barwick . see richard the second , what was done . see chapter 37. ( a. ) 3. hen. 6. see rich. 2. ( e. ) sheriffs fees , none of his officers shall be returned upon inquests , letting to bayl , &c. ( c ) stat. 23. hen. the sixth , chapter 10. the king considering the great-perjury , extortion , and oppression , which be , and have been in his realm by his sheriffes , under-sheriffs , and their clerks , coroners , stewards of franchizes , bayliffs , and keepers of prisons , and other officers in divers counties of this realm , have ordained by the authority aforesaid in eschewing of all such perjury , extortion , and oppression ; and that because the sheriffe of every county , is a great and necessary officer in the commonwealth , and used as a special instrument to the furtherance of justice in all suits pursued at the common-law , and his service is imployed in the beginning , prosecuting , and ending of the most of them , therefore as the law hath alwayes had a special regard of him , and foreseen that he shall be a man of wisdome , of worth , of credit , countenance and ability ( this is not william fenwick of north-riding in northumberland , for he derogates from them all ) and that he shall be allowed a convenient stipend , and sallary for his pains in most cases ; so doth she carry a vigilent and watchful eye upon him , and his inferiour officers , or substitutes , knowing what grievous oppressions might ensue , if she should leave a man of his authority , and necessary imployment at liberty , to dive at his pleasure into other mens purse , and to take what he would ( as william fenwick doth ) therefore she hath restrained him , his under-sheriff , bayliffe of franchizes , and other bayliffes ( most of which are forsworn ) within certain lists , and assigned them what they shall take for arrests , attachments , mainprizes , letting to bail , and serving of executions , which if any of them do exceed , he shall forfeit forty pound a time , and shall be adjudged an extortioner , in which said statute it is enacted , that no sheriffe , under-sheriffe , or any bayliffe , by occasion , or under colour of his office shall take any other thing by themselves , or any other person to their use , or to their profit of any person by any of them arrested or attached , nor of any other for them , for the omitting of any arrest or attachment to be made by their bodies , or of any person by any of them by force or colour of their office , arrested or attached for fine , fee , mainprize , letting to bail , or for shewing any ease or favour to any such person so arrested for their reward or profit , but such as follows ; the sheriffe twenty pence ; the bayliffe , which maketh the ☜ arrest or attachment four pence , the gaoler if the prisoner be committed to his ward four pence ; for making of a return or paniel , and for the copy of a paniel four pence ; no bond to be made by them under colour of their office , but onely to themselves , for the appearance of any prisoner at the day prescribed , and what bond is otherwise is void ; and he shall take no more for making such obligation , warrant , or precept by him to be made but four pence ; and all sheriffes , under-sheriffes , clerks , bayliffes , gaolers , coroners , stewards , bayliffes of franchizes , or any other officer or ministers , which doth contrary to the aforesaid ordinances in any point of the same , shall lose to the party in this behalf endamaged or grieved , his treble damages , and shall forfeit forty pounds , at every time that any do the contrary in any point of the same , whereof the king shall have the one half , to be imployed only to the use of his house , and the other to the party that will sue for the same , by bill , plaint , &c. i shall lay open the excessive fees extorted by the sheriffs of northumberland against the law , viz. return a tales 6 s. for allowance of a pony 9 s. 2 d. for allowance of a writ , false judgement 16 s. 6 d. upon execution granting out 15 s. and all upon the defendant after execution 1 l. 11 s. 6 d. for breaking open an original proces 2 s. 6 d. for the warrant thereof 6 d. bayliffs for the arrest from the plaintiff 1 s. from the party arrested 1 s. 8 d. to file bayl above and taking the declaration 8 s. this is costly law. this justice is both bought and sold , &c. a bill of indictment before a judge would reduce these , &c. the form of an indictment for sheriffs . ( d ) london ss . the juros for the lord protector of the commonwealth of england , scotland , and ireland , &c. upon their oaths , do present , that john butler of london sheriffe , the 20. day of august in the year of our lord god , 1652. being then sheriffe , and keeper of the prison of the newgate in london the day and year aforesaid , did by force or colour of his said office , as sheriffe and keeper of the said prison , unlawfully and extortionously exact and take of one john cuthberton , then and there being arrested and imprisoned in the said prison under the custody of the said sheriff , at the suit of john roe , the sum of six shillings and eight pence , for the fee of the said sheriffe , and keeper , for the custody of the said john in the said prison from the 20. day of the month of may in the year aforesaid , untill the 20. day of august then next following , to the great damage of the said john , and to the evill example of others in the like case offending , and contrary to the form of the statute in such case made and provided , and against the publick peace . see cha. 58. ( c ) ( d ) ( b ) stat. 23. hen. 8. 3. king henry the seventh . henry the 7. began his raig●e the 22. of june 1485. and was crowned at westminster the 30 of octob : hee raigned 25. years and 8. monthes . and died the 22. of april . lieth buried at westminster . stat. three of henry the seventh chapter 1. * it is enacted if any coroner be remisse , and maketh not inquisition upon the view of the body dead , and certifie not according to his office , it is ordained that he shall for every default forfeit five pounds . see chapter 10. ( o. p. ) chap. 48. ●9 . 49. weights and measures , &c. stat. 11. hen. 7. chap 4. for as much as many grievances have been set forth unto this present parlament of the great fraud and deceit in measures & weights , for remedy whereof it is ordained and enacted , that to the knights and citizens of every shire and city , assembled in this present parlament , barons of the five ports , and certain burgesses of burrough towns , ere they depart from this present parlament be delivered one of every weight and measure which now is made of brass for the good of the subject , according to the kings standard of his exchequer of weights and measures , and that they shall cause all common weights and measures to be as abovesaid , and all such as prove defective then such weights and measures , shall be broken and burnt , and the party pay twenty shillings , and be set in the pillory ; the quarter of corn to be eight bushels raised and struck , and fourteen pound to the stone of wool , &c. and water measure to be five pecks on ship-board , according to the standard . &c. see chap. 49 , ( c ) no ordinance to be made by corporations , &c. by act of parlament 19. hen. 7. 7. that masters , wardens and people of guilds , fraternities and of other companies corporate , oftentimes by coulor of rule and governance to them granted by charter , and letters pattents , made amongst themselves many unlawfull and unwarrantable ordinances , as well in prizes of wages as other things , for their own singular profit , and to the common hurt and damage of the people , be it enacted , and it is hereby enacted , that no such master , wardens , nor companies * , make nor use any ordinance , in disheritance , nor diminition of the prerogative of the king , nor of others * , nor against the common profit of the people , nor none other ordinance of charge , except it were first discust , used , and proved by good advice of the justices of peace , or the chief governors of cities , and before them entred upon record , and that upon pain to loose and forfeit the force and effect of all the articles in their said letters pattents , and charters contained concerning the same , and over that to pay ten pounds to the king for every ordinance that any of them made or used to the contrary ; the same ordinance to in●ure at the kings pleasure , which act was then expired , and since the expiration of the same , many ordinances have been made by many private bodies within divers cities , towns , and burroughs , contrary to the kings prerogative , his laws , and the common weal of his subjects . be it therefore enacted that no masters , wardens and fellowship of crafts or mysteries , nor of any rulers of guilds or fraternities * , take upon them to make any acts or ordinances , nor to execute any by them heretofore made in dishertion or diminition of the prerogative of the king , nor of other , nor against the common profit of the people , except the said acts and ordinances be examined and approved by the chancellor , treasurer of england , or chief justices of either benches , or three of them , or before both the justices of assizes in their circuit in the shire where such acts or ordinances be made , upon pain of forfeiture of forty pounds for every time they doe to the contrary ; and over that it is enacted that none of the same bodies corporate take upon them to make any acts or ordinances to restrain * any person or persons to sue to the king or any of his courts for due remedy to be had in their causes , nor put , nor execute any penalty or punishment upon any of them for any such suit to be made , upon pain of forfeiture of forty pounds for every time that they do to the contrary , see chap. 39. ( a ) 30. ( d ) 43. ( d ) and chap. 10. ( g ) . this statute will prove offensive to the free hoast-men , and the charter of the admiralty , if well prosecuted , and pay them for all the wrongs done . king henry the eighth . henry the 8 was borne at grenwich entred his raigne being 18 yeares of age the 22. of aprill 1509. was crouned at westminster the 25. of june following . he raigned 37. yeares and 9 months died the 28. of june . buried at winsor . ( a ) sstat . 21. hen. 8. ch . 18. in the vacancy of the sea of durham , cardinal wolsey being dead , and no knights nor burgesses in parlament for durham and northumberland , then the mayor and burgesses of newcastle , knowing there could be no opposition , petitioned the king and parlament , for that whereas the mayor , burgesses , and commonalty of that town having been faithfull subjects and held in fee , from his progenitors , that town , port and haven of the river of tine thereunto belonging , and of all ground * , which the water covered within the said river of tine from the month of the said river called sparhawke , and to headwin streams , in their demean as of fee in right of the crown , and that all merchandizes , carryed by any ship or vessell into that port , or carried out , used to be discharged and loaden only at that town , by which means the customs , subsidies and tole , were received there for his majesties use 500 l. per annum . and that by reason of those liberties and franchizes that town hath been well replenished , and maintained , and able to furnish his majesty with four hundred marriners for the war , and by reason of several great personages as well spiritual as temporal , having lands adjoyning to the said river , have loaden and unloaden ships with several merchandizes and paid no customs , to the utter undoing of the town , and the great dishertion of your highness , and minishment to your customs , and that divers weyers and fish-gates were erected in the said river , by means whereof great sand-beds and gravel heaps be grown and cast up in the said river , that within few years to come , no ship of good burthen or weight * shall be able to come up to the town , to the inestimable hurt of the countries thereunto adjoyning , and to the damage of your realm * , especially to all persons needing sea-coals , which be onely conveyed from the said port , and no where else to be shipped or had but there . in consideration whereof , may it please your majestie out of your bounden grace , with the assent of your lords spiritual and temporal , and the commons in parlament , to enact , ordain and establish , that from henceforth any merchant or merchants , or any other person or persons , shall not ship , load , or unload any merchandize or other wares of goods to be sold here between the said place called sparhawke and headwin streams ( being fourteen miles in length ) but onely at newcastle , upon pain of forfeiture of all such goods and wares and merchandizes to the king. and for the mayor and burgesses to pull down all weires goares and engins , which was granted by the said statute ; provided alwaies , this act be not prejudicial to any person or persons being the kings subjects , for building shipping , loading or unloading any salt or fish within the said river and port , or to any of them ; or to any other persons repairing to the said port with ships and merchandizes , for selling or buying of any merchandizes or wares needful for victualing and amending of the said ships * , at the time of their being in the said port , this act or any thing comprised in the same notwithstanding . see ch . 50. ( c ) a table of fees for customs , toles , &c. in towns. ( b ) stat. 22. hen. 8. ch . 8. be it enacted that every city , borough , and town corporate , their officer shall set up , or cause a table in open place , of and for the certainty of all such and every duty , of every such custom , tole , and duty , or sum of money , of such wares and merchandizes to be demanded or required , as above rehearsed , shall and may plainly appear to be declared , to the intent that nothing be exacted otherwise than in old time hath been used and accustomed , upon pain of each city five pound , and every corporation forty shillings for every month that the said table shall fail to be set up , the moyety to the king , and the other to the party that wil sue for the same by writ , bil , plaint , or information , in which the defendant shall have no assoyn , wager of law , nor protection of law allowed , see chap. 44. ( e ) a commission of sewers , &c. ( c ) stat. 23. hen. 8. chap. 5. the king considering the absolute necessity of granting a general act for commissioners of sewers to be directed in all parts of his realm for the advancing of the commonwealth , and commodity of this his realm . and likewise considering the daily great damages and losses which have happened in many parts of the nation , in the decay and spoil of rivers , to the inestimable damages of the commonwealth which do daily increase , for remedy whereof it is enacted , that there be commissioners of suers , and other premises directed in all parts from time to time , where and when need shall require to such substantial and indifferent persons as shall be named by the lord chancellor , and lord treasurer of england , and the two chief justices for the time being , or by three of them , whereof the lord chancellor to be one . the commissioners to be residing in the respective countie , where the commission is directed ( which said commissioners will preserve the said river ) having power given them , to constitute and ordain laws , ordinances , and decrees , and to repeal , reform , and amend as need shall require , any defects . also to pull down any newsances , incroachments , or the like , erected in the said rivers , and to cause buildings of wharfs , for the good of the same , and power to rate and tax any person whatsoever towards the charge for the good of the said rivers , or having spoyled the same , to seize his or their lands , tenements , goods , and chattels for the said taxes , and to dispose of the same by sail , lease , or otherwise , six commissioners being present , and every commissioner is to have four shillings a day when they ●it , and the clerk two shillings a day out of the taxes ; i refer the rest of this power to the relation of these statutes following . 3. edward 6. 9. 13. eliz. 9. see 34. chap. ( c ) 35. ( a. b. ) an attaint against a jury . ( d ) stat. 23. hen. 8. chap. 3. the law having first used all good devices to cause sheriffs , under-sheriffs , bayliffs of liberties , coroners , and all others authorized to return and impannel juries , to be indifferent , and to return the said jurors , and juries without all partiallity , and that they shall be no furtherers , maintainers , nor assisters to perjury , subordination or embracery , and also having provided , that all those jurors , which be so returned upon inquests , and to try inquests , and to try issues between party and party , may again one by one be sifted , tryed , and examined , whether they standing unsworn be indifferent , or not , she doth then expect from those jurors veridictum a true tale , that is to say a true verdict , or presentment of such things as be given them in charge according to their evidence ; but if the same jurors will decline from truth , and make a false presentment contrary to their evidence * then it is not to be tearmed veredictum but perjurium , and it will be returned to them as maledictum , for by the common-law they being attainted by the verdict of four and twenty other jurors shall receive a cursed and villanous judgement therefore , viz. the said jurors shall lose the freedom of the law , their wives and children shall be thrust out of their houses , their houses shall be pulled down to the ground , their orchards and gardens shall be subplanted , their trees shall be digged up by the roots , their meadows shall be eyred up , all their goods and chattels , which they have at the time of the attaint brought , or at any time after , shall be forfeited to the king , the king shall have all the profit of their forfeited lands during their lives , and they shall be committed to perpetuall prison , which judgement was devised , and many years put in execution to the intent it might be known how much the common-law did detest and punish wilfull perjury , and falshood in those who she trusted in place of justice , and from whom she accounted to receive truth . see poulton perjury ( 16 ) see chap. 58. ( b. c. d. ) stat. 23. hen. 6. 10. ( d. ) to prevent spoyl in rivers by ballast . ( c ) stat. 34. hen. 8. 9. the king for the good and preservation of rivers , enacted that what person or persons do cast or unlade any ballast , rubbish , gravel , or other wreck out of any ship , crayer , or other vessels , being within any haven-road , channel , or river to any port , town , or other city or borough within this realm , but onely upon the land above the full sea-mark upon pain of forfitude of five pound a time , the one half to the king , the other to the party discovering , that will sue for the same by bill , plaint , or otherwise , no wager of law , admitted or any essoyn or protection allowed . this is a legal course , but newcastle acts not hereby , as you may see in chap. 34. ( c ) 35. ( a. b. ) 12. chap. ( 6. ) 14. ( b. ) king edward the first . sheriffes punished for refusing bail. ( a ) stat. 3. ed. 1. 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 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 iani●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 pris●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 wins●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 goalor● 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 night in any place upon pain of forfeiture of their arms , and imprisonment during the pleasure of the king , all officers whatever is required to put this act in force , see ch . 37. ( a ) ( c ) 2. edw. 3. 6. 2. ed. 4. 5. every justice of peace upon his discretion may bind to the peace or good behavior such as are common barrators , a common barrator is he which is either a common moover and stirrer up or maintainer of suits in law in any courts of record , or else of quarrels or parts in the country ; as if any court of record , county court , hundred , or other inferior courts , any person by fraud and malice under colour of law shall themselves maintain , or stir up others unto multiplicity of unjust and feigned suits , or informations upon penal laws , or shall maliciously purchase a speciall supplicavit of the peace , to force the other party to yeeld to him composition , all such as are barrators in the countrey , and these are three sorts . first , disturbers of the peace * , such are either common qua●rellers or fighters in their own cause , or common moovers or maintainers of quarrels and affraies between others . secondly , common takers or detainers by force or subtlety of the possessions of houses , lands or goods , which have been in question or controversie . thirdly , inventers , and sowers of false reports where● by di●cords ariseth , or may arise between neighbors ; yea , if one be communis seminator litium he is a barrator , or if any man of himself be communis oppresor vicinorum , a common oppressor of , or wrangler with his neighbors either by unjust or wrangling suits , or other oppressions or deceits , he is a barrator , or if one communis pacis perturbater calumniator & mal● factor , he is a barrator , but all such persons must be common barrators , not in one or two , but in many causes . see lamb. 79. co. 8. 36. co. l. 338. co. 8. 36. cromp. 257. c● . 8. 37. ( d ) stat. 2. edw. 3. 8. it is accorded and established , that it shall not be commanded by the great seal , nor the little seal , to disturb or delay common right , and though such commandements do come , the justices shall not therefore leave to do right in any point , stat. 9. hen. 3. 29. 5. ed. 3. 9. 14. edw. 3. 14. gold and silver prohibited , &c. ( e ) stat. 9. edw. 3. 1. no person shall carry gold or silver out of the realm without the kings license , who so doth , shall forfeit all such as is carrying , with ship , &c. stat. 5. rich. 2. 2. stat. 2. hen. 6. 6. 19. hen. 7. 5. rates on victuals . ( f ) sat. 23. edw. 3. 6. the king ordains all persons whatever which sels any kind of victuals , shall be bound to sell their victual at a reasonable rate or price , having respect to the price , that such victuall be sold at , in the places adjoyning , so that the seller may have a moderate gain and not excessive * , and if the seller do sell otherwise , shall pay double back , the mayor and bayliffs of the city , market-towns , and other corporate towns , and the ports of the sea , shall have power to enquire of all offenders in the same . and to levy the said pain ( upon themselves ) for their use who sueth for the same , and in case the mayor and bayliffs be negligent in putting in execution any of the premises , and thereof be convicted , before justices assigned , then the said mayor and bayliffs shall be compelled by the said justices to pay the treble of the things so sold to the party damnified , and also shall be grievously punished by the king , 23. edw. 3. 4. see chap. 50. ( a ) 44. ( e ) 48. ( a ) 51. ( a ) 29. ( a ) none to be condemned without his answer . &c. ( g ) stat. 28. edw. 3. 3. the king ordains that no man of what estate or condition he be , shall be put out of his land nor tenements , nor taken , nor imprisoned , nor dis-inherited , nor put to death without being brought to answer by due process of law. stat. 9. hen. 3. 29. 5. edw. 3. 9. 25. ed. 3. 4. see chap. 10. ( x ) 38. ( c ) 41. ( a ) 43. ( d ) 38. ( a ) penalty of a mayor , sheriff and aldermen for not redressing grievances . ( h ) stat. 28. edw. 3. 10. because of the errors , defaults , and misprisions , which be notoriously used in cities , boroughs and corporations for default of good governance , of the mayor , sheriff and aldermen , cannot be inquired nor found by people of the same town ; it is ordained and established that the said mayor , sheriffs , and aldermen , which have the governance of the said town or city , shall cause to be redressed and corrected , the defaults , errors , and misprisions above named , and the same duly punish from time to time , upon a certain pain , that is to say , at the first default a thousand marks to the king. the second default two thousand marks ; and at the third default , that the franchizes and liberties of the said town be taken into the kings hand , it shall be enquired of by foraign inquests of foraign counties , namely , the city of london , but all other cities , boroughs and corporations to be tryed by forain inquests in the same town , which may be done by the punishment of judges thereunto assigned by inquest or indictment , and called to answer the same out of their town , which fine is to be leavyed by attachment , and distress , and by exigent if need be , upon any land or tenements out of their town , belonging to any of them . king edward the sixth . edward borne at ham●o●● court at the age of 9 yeares began his ▪ raigne the 31 of janu●●●46 crowned at wes●m . the 2● of februa ▪ folowing he raigned 6 yeares 5 monthes died the 6 of julie buried at westminster murder , &c. ( a ) stat. 1. edw. 6. 12. it is murder to strike with either blunt or sharp weapon , if the party dye within a year and a day ▪ and the blows given upon malice , neither shall clergy be allowed . see chap. 36. ( a. ) victuallers , and handicrafts-men . ( b ) stat. 2. edw. 6. 15. for as much as artificers handicrafts men , and labourers have made confederacies , and mutually sworn , not onely that they should sell their victuals at a certain rate , and not to meddle with one anothers work , and finish that which others have begun , but also to appoint how much work they shall do in the day ; and what hours , and times they shall work , contrary to the laws and statutes of this realm , and to the hurt and great impoverishment of the kings subjects ; for reformation whereof , the king ordains , that if any victuallers or artificers aforesaid , shall at any time combine , conspire , or make any oaths that they shall not sell their victuals at certain prices , or that artificers shall not work , but as abovesaid , being convicted , shall pay in six dayes ten pounds to the king , or twenty dayes imprisonment , and fed onely with bread and water , if he have not sufficient to pay the said fine ; for the second offence the pillory , or twenty pound ; and for the third offence , shal forfeit forty pounds , or else be set in the pillory , and lose one of his ears , and shall be taken as an infamous man , and his sayings , and oath not to be credited in matter of judgement ; and if any such conspiracy , c●venant , or promise be had , or made by any society , brother-hood , or company of craft-mystery , or occupation of the mysteries afore-mentioned with the presence or consent of the most of them , that then immediately upon such act of conspiracy covenant , or promise , had , or made , over and besides the particular punishment before in this act appointed for the offender , their corporation shal be dissolved , to all intents , constructions , and purposes ; and that none do presume to hinder any free-mason , rough mason , carpenter , bricklayer , plasterer , joyner , ha●d-hewer , sawyer , tyler , pavier , glasier , lymebu●ner , brick-maker , tyle-maker , plummer , or laborer born in this realm , or made denison , to work in the said crafts in any city , borough , or town corporate , with any person or persons that will retain him , albeit the said persons so retained , or any of them do not inhabit , or live in the said town , &c. nor be free of the same city , &c. any statute , law , ordinance , or other thing to the contrary , upon forfeiture of five pound a time , half to the king , and half to the party suing , to be recovered by bill , &c. no wager of law , or protection allowed , &c. see chap. 29. ( e ) 30. ( f. ) 36. ( a. ) robbing within a market of a fair , booth , tent , &c. ( c ) stat. 5. 6 ed. 6. 14. be it enacted that no person or persons which shall happen to be found guilty after the laws of this realm of , and for robbing any person or persons in any booth or tent , in any fair or market , the owner , his wife , children , or servant then being within the same booth , or tent , shall not be admitted the benefit of his , or their clergy , but excluded thereof , and suffer death without consideration , whether the said persons within , shall be sleeping , or waking . see chap. 47. ( b ) 49. ( d ) 51. ( a ) 11. ( n. ) fore-stalling , regrators , ingr●cers . ( d ) stat. 5. 6. edw. 6. 14. the law being so good against these offenders , that i shall give poultons exposition thereof , viz. they deserve to be reckoned amongst the number of oppressors of the common good , and publick weal of the nation , for they do endeavour to enrich themselves , by the impoverishing of others , and respect not how many loses , so they may gain . they have been exclaimed of , and condemned in parliament from one generation to another , as appears by many statutes , at least fourteen statutes , especially fore-stallers , as apppears by 34 ed. 1. when it was ordained , that no forestaller should be suffered to dwell in any town , for he is a manifest oppressor of the poor , and deceiver of the rich , a publick enemy of the country , a canker , a moth , and a gnawing worm that daily wasteth the commonwealth . and the name , and act of a forestaller was so odious , that it was moved in parliament to enact that a forestaller should be bated out of the town where he dwelt , by dogs , and whipped forth with whips ( newcastle would have been empty ) and by this statute it declareth who are offenders , and what punishment to be inflicted . that whatsoever person or persons , shall buy , or cause to be bought any merchandize , victual , or other thing coming by land , or water , towards any fair or market to be sold in the same , or coming towards any city , port , or haven , creek , or road of this nation , from any part beyond the seas to be sold . or make any bargain , contract , or promise for the having or buying of the same , or any part of the same , so coming as aforesaid , before the same merchandize , victual , or other things shall be in the market , fair , city , port , haven , creek , or road , ready to be sold ; or shall make any motion by word , letter , message , or otherwise to any person or persons for the inhansing of the price , or dear selling of any of the other things above mentioned ; or else disswade , move , or stir any person coming to the market , or fair to forbear to bring any of the things above mentioned to any fair , or market , city , port , &c. to be sold as aforesaid , shall be adjudged a fore-staller , 13. eliz. excepts oyls , sugars , spices , currans , or other foreign victuals brought from beyond the sea , fish , and salt only excepted . a regrator defined , what person or persons shall by any means regrate , obtain , or get into his , or their hands or possessions in any fair or market within this nation to be sold , any dead victual whatsoever brought thither for that purpose , and do sell the same again in any fair or market holden , or kept in the same places , or within any market or fair within four miles thereof , shall be reputed and taken for a regrator , or regrators . an engrosser is , he , or they which shall engrosse , or get into his , or their hands by buying , contracting by promise taking , other then by demise , grant , or lease of land , or tythe any corn growing in the fields , or any other corn or grain , butter , cheese , fish , or other dead victuals whatsoever within the nation , to the intent to sell the same again , shall be reputed and taken an unlawful engrosser , or engrossers . if any person or persons shall offend in any of the things before recited , and being thereof duly convicted or attainted thereof by the laws of this nation , for the first offence shall suffer two months imprisonment without bayl or mainprize , and forfeit the value of the goods ; for the second offence six months imprisonment , without bayl or mainprize , and lose double the value of the goods ; and upon conviction of the third offence shall be set in the pillory where he dwels in the same town , and lose all the goods he , or they have , which was to their own use , and be committed to prison during the kings pleasure , it is but mutatis , mutandis . every justices of every county , is to enquire and determine of the offences in their quarter-sessions upon inquisition , presentment , bill , or information , exhibited , and proved by two witnesses , the one half of the fine to the king , the other to the party discoverer . what justice can be expected or had in newcastle , the may●rs , justices and burgesses being the offenders , judges , ( p ) ●●rors in their own causes , and must be tryed in the same ●●unty ( t ) themselves to have the fines , as by charter appears 〈◊〉 see stat. 21. k. james , 4. ( t ) see 10. chap. ( l ) ( p ) chap. 10. ( r ) ( * ) see stat. 5. eliz. 12. the town of gates-head , and all liberties given to newcastle , &c. ( e ) stat. 7. edw. 6. 10. there being bishop of durham elected , nor any member of parliament for that county , which the mayor and burgesses of newcastle perceiving , petitioned the king , that the town of gates-head in the county of durham , adjoyning to their corporation , only the river of tyne , between , being populous , and without government , and often committing many outrages in their town , and then got over the water into the town of gates-head unpunished , and that often they cast rubbish into the river , and also that the bridge went to decay very much , which belonged to that town , humbly beseeching that his majesty would be graciously pleased to incorporate that town with them under their government , with all its members , and salt-meadows , and park , and that it may be quite taken from the county of durham , and all the people therein to become subordinate to their laws . be it enacted that the whole town of gates-head , with the salt-meadows , the whole water , and bridge , with all the liberties thereunto belonging , except the common , which shall still remain to the inhabitants , be incorporated with newcastle , and dis-joyned from the county of durham , as newcastle was from northumberland by charter . king richard the second . richard the 2. borne at burdeaux sonne to edward prince of wales , begann his raigne the 21 of iune an o : dni 1377. he raiḡed 22. yeares , was deposed : & died the 14. of february 1399. first buried at langley in hartf●dshire , & afterwardes of westmister . a free trade in all england . ( a ) stat. 11. richard 2. 7. and the 14. richard 2. 9. be it enacted that all merchants , aliens , and denisons , and all other , and every of them , of what estate or condition they b● which will buy , or sell corn , wine , averdepoize , flesh , fish , and all other victual , or other merchandizes , and all other things vendible , from whencesoever they come , in whatsoever place they please , be it city , borough , town , port of the sea , fair , market , or other place within this realm , within franchizes , or without , may freely , or without disturbance sell the same to whom they please , as well to foreigners , as to denizons , except to the enemies of the king , and of his realm . and if any disturbance be done to any such merchant , &c. upon his sail of the same in any of the places aforesaid , the mayor and bayliffs of such fanchizes shall make remedy , but if they do not , and being thereof convicted , the franchizes shall be taken into the kings hand , and the party grieving shall make to the merchant grieved , double damages . and if such disturbance be out of the franchized towns , then the steward or bayliffe of such lord , who is lord of the mannor , shall give right , or pay double damages , the party offending shall be imprisoned for one whole year , and that none such shall be disturbed , but shall freely buy and sell for his own use , or to the kings , &c. except that the merchant , aliens , shall carry no wines out of the realm , as it is contained in their charters . and that the said things be holden , kept , and performed in every city , borough , town , port of the sea , or any other place notwithstanding any charter of franchize to them granted to the contrary , nor usage , custome , nor judgement , given upon their charters , usages , nor customes which they may alleage , which charters , usages , and customes , the said king , the grand-fathers , the prelates , earls , barons , and great men , and commons in parliament aforesaid holds , these said charters , &c. of no force , and as being things , granted , used , and accustomed to the damage of the king , the prelates , earls , barons , and great men of his realm , and great oppression of the commons , saving to the king , and to other the customes due of the said merchandizes . and the chancellor , treasurer , and justices , assigned to hold the pleas of the king in places where they come , shall enquire of such disturbances and grievances , and do punishment according as is before ordained . and by a statute made the 25. edw. 3. 2. it was ordained and established , that the said statutes made in the ninth year chapter 1. in all points and articles contained in the same should be holden , kept , and maintained , &c. and if any charter , letters pattents , proclamations , or commandements , usage , allowance , or judgement were made to the contrary , the same should be utterly repealed , avoyded , and holden for none . and that it is free for any whatever , that brings any provisions whatever , to sell the same , or other merchandizes , by grosse or retail , either in the city of london , or any other port , city , borough , or town-corporate in england , without challenge , or impeachment , and to sell them freely to any that will buy the same , notwithstanding any grant whatever to the contrary notwithstanding , any franchize , custome used , since such franchizes , and customes , usages , be in common prejudice to the king , and all people , &c. and that no mayor , bayliff , catch-pole , minister , nor other shall meddle in the sail of any manner of victuals vendible , brought to the places aforesaid . and all men that will sue , may have a writ out of the chancery to attach him by his body that offends herein , as a disturber of the common profit , &c. the king seeing cleerly if the said statutes were duly put in execution , would much extend to the profits and wealth of the whole nation , do ordain , and establish , by assent of the prelates , dukes , earls , barons , great men , nobles , and commons in this present parliament assembled , that the said statutes , shall be firmly holden , kept , maintained , and fully executed in all points and articles of the same , notwithstanding any ordinance , statute , charter , letters pattents , franchizes , proclamations , commandements , usage , allowance , or judgement be made or used to the contrary , it shall be utterly repealed , avoyded , and holden for none . this statute was obtained by a petition ( worth reading ) from all the nobles and commons of england , as you may read in the ninth of edward the third , chapter the first , it laying open the great grievance of the whole nation in parliament , of provisions , and other merchandizes , being engrossed into private hands , and restraining all others from trading , but themselves , &c. see chap. 29. ( c ) 30. ( d ) 32. ( d ) 35. ( a ) 38. ( a ) 51. ( b. c. ) this statute revived , would make england as happy as venice , for riches , &c. merchant-strangers shall be well used . ( b ) stat. 14. rich. 2. 9. be it enacted that merchant-strangers , repairing into the realm of england , shall be well and courteously , and rightfully intreated , and governed in the said realm , to the intent that they shall have the courage to repair into the same . see chap. 30. ( b ) 41. ( a. ) the duke of venice by tollerating a free trade , all the nobility and gentry trades in merchandizings , which doth so improve his revenew , that it maintains his wars without other impositions , he being able to wage war with the most potentest prince that is , &c. no customers to be traders , nor to have parts of ships . ( c ) stat. 14. rich. 2. 10. the king ordains that no customers , nor controlers have any ships of their own , nor meddle with the fraught of ships , and to eschew as well the damage of the king , of his customes , as the losse of the merchants repairing to the port , as well aliens as denizons ; and that no customer , controler , searcher , waiter , or finder have any such office for terme of life , but onely as long as shall please the king , notwithstanding any pattent or grant to any to the contrary , but such pattents or grants be repealed , and of no force , nor value . stat. 17. rich. 2. see chap. ( 35 ) statute of mortmain . ( d ) stat. 15. rich. 2. 5. be it enacted what mayors bayliffs , and commons of cities , boroughs , and other towns which have perpetual commonalty , and others which have officers , that from henceforth they shall not purchase to them , and their commons any lands , &c. nor no religious , or other person what ever he be * , do buy or sell , or under colour of gift or terme , or any other manner of title , any lands , tenements , upon pain of forfeiture of the same , whereby the said lands , and tenements , might have come to mortmain . riots , routs , &c. ( e ) the 4. year , king rich. 2. riots , routs , and unlawfull assemblies , have been so many times pernicious , and fatal enemies to the peace and tranquility of the nation , that it did shake the foundation and form of state-government , as that of a collector of a subsidy at dartford in kent in his dayes , in requiring but a groat of a taylor and his wife , grew to such a head of discontentment , and not being timely queld , became such a rebellion , that it put the king in great hazard of his life , the burning of the city of london , the nobles and gentry , with the learned of the law beheaded , and others in hazard of their lives and families overthrown , and the records of law burnt . wat. tyler was captain . see hen. 6. ( b ) see chap. 37. ( a. ) queen mary . maria nata grenouici in febru : 1505 incipit regnare 6 iuli 1553 regnauit 5 annos et 4 mensis obyt annos nata 45 et 9 mensis the town of gates-head taken from newcastle . ( a ) stat. 1. mary chap. 3. so soon as bishop tunstall was created bishop of durham , laid open to the queen and parliament the illegallity of gates-heads being taken from the county of durham , and incorporated with newcastle , and how surreptitiously they got it past by act of parliament , and humbly beseeched that the town and liberties of gates-head might be restored to the county of durham again , which could not well be done without that statute of the 7. edw. 6. 10. were repealed ; after a great debate in parliament , it was found onely a covetous disposition in the corporation of newcastle to require that from king edward the sixth , and in no wayes for the good of any , in any particular sense , who enacted that the statute of the seventh of edward the sixth , chapter the tenth , should be repealed , and of no force to all intents and purposes , and the town of gates-head should be free from the corporation of newcastle , &c. see chap. 7. and chap. 8. sweet queen . queen elizabeth . the most excellent princes elizabeth . queene of englande , france , and ireland . defender of the faith &c. she raigned 44 yeares , died the 24 of march , 1602 aged 69 , 6 monthes : and lieth buried at westminster compton holland 〈◊〉 how long apprentices should serve . ( a ) stat. 5. eliz. 4. be it enacted that all apprentices in every corporate town through england , shall serve after the custome and order of london , the full term of seven years at least , so as the terme and years of such apprentices do not expire or determine before such apprentices be of the age of four and twenty years at least ; and if an apprentice be mis-used by the non-conformity of the master , then the next officer upon complaint shall bind the master to answer the sessions , and the cause appearing , the bench may discharge the apprentice from his master . see chap. 55. ( c. ) the punishment of perjury , &c. ( b ) stat. 5. eliz. 9. be it enacted that if any person or persons at any time shall unlawfully and corruptly procure any witnesse or witnesses by letters , rewards , or any other promises to commit any wilful and corrupt perjury in any matter or cause whatsoever now depending , or which hereafter shall depend in suit or variance , by any writ , action , bill , complaint , or information upon any matter or cause whatever , and being thereof convicted , shall forfeit forty pound ; and if he have not so much , then to be imprisoned for half a yeer , without bail or mainprize , and to stand in the pillory one hour in a market day in the open market , and never to be received as a witnesse in any courts of record , and if judgement be given upon his testimony , it shall be void , and the party grieved have his damages . and if any person shall wilfully perjure himself by committing wilfull perjury by his deposition in any courts , or being examined ad perpetuam rei memoriam , for which offence he shal forfeit twenty pound , and imprisonment for six months without bail or mainprize , and never to be as a witnesse in any court , and that the oath shall be void , and party grieved to recover his damages ; and if he be not able to pay his fine , then to be set in the pillory having both his ears nayled thereunto , and never to be credited again in any court , the one half of the fine to the queen , and the other to the party grieved , that will sue for the same , by bill of indictment , &c. wherein there shall be no wager of law , &c. and all witnesses are required upon summons to appear , to give evidence , reasonable charges allowed , and upon default to forfeit ten pound , and all the damages sustained to be recovered in any court of record , by action , bill , &c. no wager of law &c. see stat. 21. k. james 28. made perpetual . see chap. 31. ( a ) 34. ( a. b ) 42. ( a. ) fore-stallers of corn , &c. ( c ) stat. 5. eliz. 12. be it enacted that no person , or persons shall buy any corn , out of open fair or market to sell again , unlesse such persons shall have special and express words in a licence , that he or they may so do , upon pain of the forfeiture of five pounds for so doing , which forfeiture to come to the queen the one half , and the other half to the party that will sue for the same by bill , &c. see stat. 5. 6. ed. 6. 14. see chap. 50. ( a ) 51. ( c. ) arrestings in other mens names , and delayes , &c. ( d ) stat. 8. eliz. 2. be it enacted by this present parliament that if any person or persons shall by any means cause , or procure any other person to be arrested or attached at the suit , or in the name of any person where indeed no such person is known , or without the assent , consent , or agreement of such persons , at whose suit , or in whose name such arrest or attachment is , or shall be so had and procured ; that then every such person and persons , that shall so cause or procure any such arrest , or attachment of any other person to be had or made for vexation or trouble , and shall thereof be convicted or lawfully accused by indictment , presentment , or by the testimony of two sufficient witnesses or more , or other due proof , shall for every such offence by him or them committed , done , or procured , have , and suffer imprisonment of his or their body six months without bail or mainprize , and before a deliverance out of prison , shall pay unto the party so arrested or attached treble the costs , and charges , damages , and expences that he or they shall be put unto by reason or occasion of such arrest or attachment so had , and shall also forfeit and pay unto such person , or persons , in whose name , or at whose suit , he , or they shall so procure such arrest or attachment to be had or made , if then there be any such person known , the summe of ten pounds for every such offence ; and that all such persons damnified thereby shall 〈◊〉 their remedy in any court of record by bill , plaint , or action of debt , for all damages , &c. wherein there shall not be any essoyn , protection , or wager of law allowed the defendant . see stat. 13. ed. 1. 36. the penalty of cutting of purses ( e ) stat. 8. eliz. 4. whereas there are a certain people of a fraternity or brother-hood , that puts in practice that art or mystery of cutting of purses , and that do combine secretly to spoyl the true subjects of this realm ; be it therefore enacted , that whosoever be found guilty of taking away monies , &c. in such sort from any person or persons , shall not have the benefit of clergy . see chap. 12. ( 5 ) 39. ( a. ) sheriffs fees for executing executions , &c. ( f ) stat. 29. eliz. 4. be it enacted by this present parliament , that it shall not be lawful for any sheriff , or bayliff of franchizes , or liberties , or any of the officers , or deputies , nor any of them , by colour or reason of their , or either of their office , or offices , to have , receive , or take of any person whatever directly , or indirectly , for the serving , and executing of any extent , or execution upon the body , lands , goods , or chattels of any person , or persons whatsoever , more , or other consideration , or recompence than as in this present act shall be limited and appointed , which shall be lawful to be had , received , and taken , that is to say , twelve pence of , and for every twenty shillings where the summe exceedeth not one hundred pounds ; and six pence of , and for every twenty shillings being over and above the said summe of one hundred pounds , that he or they shall levie , or extend , and deliver in execution , or take the bodie in execution for , by vertue and force of such extent , or execution whatsoever , upon pain and penalty , that all and every sheriff , &c. that do the contrary , shall lose and forfeit to the party grieved , his treble damages , and shall forfeit forty pound for every time so offending , the half thereof to the queen , and the other to the party suing , by bill , plaint , action , or information , wherein no essoyn , wager of law , or protection shall be allowed . this statute not to extend to any city , or town corporate . the poor to be set on work . ( g ) stat. 43. eliz. 2. be it enacted by this present parliament , and the authority thereof , that all poor be set on work by the church-wardens or overseers , and such as will not work , being able , shall be sent to the house of correction . see chap. 38. ( a. c. ) sheriffes punishable for false arrests , &c. ( h ) stat. 43. eliz. 6. for the avoyding many suits commenced , according to the due course of the laws of this realm , to the intollerable vexation and charge of her highnesse subjects ; be it enacted by authority of this parliament , if any sheriff , or other person , having authority , or taking upon him to break writs , or make any warrant for the summoning of any person upon any writ , processe , suit , or for arrest , or attaching of any person or persons by his , or their body , or goods to appear in any of her majesties courts at westminster , or elsewhere , not having before , that originall writ or processes warranting the same , that then upon complaint made to the justices of assize of the county where the same offence shall be committed , or to the judges of the court , out of which the process issued , not only the party that made such warrant , but all those that were the procurers thereof , shall be sent for before the said judges or justices by attachment , or otherwise , as the same judges or justices shall think good , and allow of , and be examined thereof upon their oaths ; and if the same offence be confessed by the same offenders , or proved by sufficient witnesses to the satisfaction of the same judges or justices , that then the same judges or justices that shall so examine the same , shall forthwith by force of this act commit every of the same to the gaole , and there shall remain , without bayl or mainprize , untill such time as they amongst them have fully satisfied , and paid unto the party grieved , by such warrant not onely the summe of ten pounds , but also all costs and damages , as the same judges or justices shall set down , that the same party hath sustained thereby , and withall twenty pound a peece for their offence to her majesty 21. king james chap. 16. 3. king charles chap. 4. dyer , fo . 244. king james . ( a ) upon the seventh day of may in the first year of k. james a proclamation was proclaimed throughout london , for to cease all exactions , all monopolies , and all protections whatever , that was against the common good , and that hindred mens suits at law also forbidding oppression . stabbing or thrusting . ( b ) stat. 1. king james 8. it is enacted that if any person or persons shall stab or thrust any person or persons , that hath not then any weapon drawn , or that hath not then first stricken the party , which shall so stab or thrust , so as the person or persons so stabbed or thrust , shall thereof dye within the space of six months then next following , although it cannot be proved that the same was done of malice fore-thought ; yet the party so offending , & being thereof convict by the verdict of twelve men , confession , or otherwise according to the laws of this realm , shall be excluded from the benefit of his , or their clergy , and shall suffer death as in case of wilfull murder . stat. homicide ( 24. ) attornies abuses remedied , &c. ( c ) stat. 3. king james chap. 7. be it enacted for redresse of sundry abuses committed by attornies , and solicitors , by charging their clients with excessive fees , and other unnecessary demands to the great prejudice of the sergeant and councellor at law , who is greatly slandered , and to work the private gain of such attornies , and solicitors , the client is often extraordinarily delayed ; be it enacted that for the future , that no attorny , solicitor , or servant to any shall be allowed from his clyent or master , of , or for any ▪ fee given to any serjeant or councellor at law , or of , or for any summe or summes of mony given for copies to any clerk or clerks or officers , in any court of record at westminster , unlesse he have a ticket subscribed with the hand and name of the same serjeant , counsellor , clerk , or clerks , or officers aforesaid , testifying how much he hath received for his fee , or paid , or given for copies , and at what time , and how often ; and that all attornies and solicitors shall give a true bill unto their masters or clyents , or their assigns , of all other charges concerning their suits , which they have for them , subscribed , with their own hand and name , before such time , as they , or any of them shall charge their clyents with any of the same fees or charges ; and that if any attorney , or solicitor do , or shal willingly delay his clyents suits to work his own gain , or demand by his bill any other summe of mony , or allowance upon his account of any monies which he hath not laid out , or disbursed , that in every such case the party grieved shall have his action against such attorney or solicitor , and shall recover therein costs and treble damage ; and the said attorney or solicitor shall be discharged from thenceforth from being an attorney or solicitor any more . see chap. 58. ( a ) all monopolies and dispensations , with penal laws shall be void . ( d ) stat. 21. k. james chap. 3. for as much as your most excellent majestie , in your royal judgement , and of your blessed disposition to the weal and quiet of your subjects , did in the year of our lord god , 1610. publish in print to the whole realm , and to all posterity , that all grants , and monopolies , and of the benefit of any penal laws , or of poor to dispence with the law , or to compound for the forfeiture , are contrary to your majesties laws , with your majesties declaration , which is truly consonant and agreeable to the ancient and fundamental laws of this your realm ; and whereas your majesty was further gratiously pleased , expresly to command , that no suitor should presume to move your majestie for matters of that nature ; yet neverthelesse upon mis-information , and untrue pretences of publick good , many such grants have been unduly obtained and unlawfully put in execution , to the great grievance , and inconvenience of your majesties subjects , contrary to the laws of this your realm , and contrary to your majesties royal and blessed intention so published as aforesaid ; for avoiding whereof , and preventing the like for the time to come ; may it please your most excellent majestie at the humble suit of the lords spiritual and temporal , and the commons in this present parliament assembled , that it may be declared , and enacted ; and be it declared and enacted by authority of this present parliament , that all monopolies , and all commissions , grants , licences , charters , and letters pattents heretofore made , or granted to any person or persons , bodies politick , or corporate whatsoever , of , or for the sole buying , selling , making , working , or using of any thing within this realm , or of any other monopolies , or of power , liberty or faculty to dispence with any other , to give licence or toleration to do , use , or exercise any thing against the tenure , or purport of any law or statute , or to give , or make any warrant for any such dispensation , licence , or toleration to be had or made , &c. and all proclamations , inhibitions , restraints , warrants of assistance , and all other matters or things whatsoever , any way tending to the instituting , erecting , strengthning , furthering , or countenancing of the same , or any of them are contrary to the laws of this realm , and so are , and shall be utterly void , and of none effect , and in no wayes to be put in use or execution , &c. be it further enacted , &c. that all person and persons bodies politick and corporate whatsoever , which now are , or hereafter shall be , shall stand , and be dis-abled and uncapable to have , use , exercise or put in eure any monopoly , or any such commission , grant , licence , charter , letters pattents , proclamations , inhibition , restraint , warrant of assistance , or other matter or thing tending as aforesaid , or any liberty , power , or faculty grounded , or pretended to be grounded upon them , or any of them . the party grieved by pretext of any monopoly , &c. shall recover his or their treble damages , and double costs , &c. and he that delayeth an action grounded upon statute , incurs a premunire , which is exprest in the 16. rich. 2. 5. shall be put out of the kings protection , and their lands and tenements , goods , and chattels forfeit to our lord the king , and their bodies to be attached to answer the king , &c. ( charters granted to corporations saved ) letters pattents to use new manufactures saved . ) grants confirmed by acts of parliament saved . ) warrants granted to justices saved . ) letters pattents that concern printing , salt-peter , gun-powder , great ordnance shot , or offices saved . ) nor shall this statute extend to void commssions for allum-mines , nor to the licences of keeping taverns , making glasse , transportation of calves-skins , nor for making smalt , nor for melting iron evre , with sea-coal , &c. provided also , and be it enacted , that this act or any declaration , proviso , penalty , forfeiture , or other thing before mentioned , shall not extend , or be prejudicial to any use , custome , prescription , franchize , freedome , jurisdiction , immunity , liberty , or priviledge heretofore claimed , used , or enjoyed by the governours , and stewards , and brethren of the fellowship of the hoast-men of the town of newcastle upon tyne , or by the ancient fellow-ship , guild , or fraternity commonly called hoast-men , for , or concerning the selling , carrying , lading , disposing , shipping , venting , or trading of , or for any sea-coals , stone-coals , or pit-coals , forth , or out of the haven , and river of tyne , or to a grant made by the said governor , and stewards , and brethren of the fellowship of the said hoast-men to the late queen elizabeth , * of any duty or summes of money to be paid for , * or in respect of any such coals , as aforesaid . here the reader may see that all these excepted , except to the justices , are allowed to be monopolies , and this last the greatest that ever was . see chap. 11. chap. 8. ( a ) chap. 21. ( a ) parliament 1640. informations upon penal statutes shall be prosecuted in the counties where the offences are committed . ( e ) stat. 21. k. james chap. 3. be it enacted that all informations upon p●nal statutes shall be prosecuted in the counties where the offences were committed , &c. upon default of proving that the offence was committed in the same county , the defendant shall be found not guilty , &c. the informer shall make oath , that the offence was committed in the same county , where the suit is commenced , &c. the defendant in an information upon a penal statute may plead the general issue , that they are not guilty , &c. certain offences there be excepted , but may be tried elswhere , &c. this statute was made in favour and ease of the people from coming to london , but it is the worst statute that ever was made , and much in favour of the offender , for the offender in corporations and sheriffs , are judges , and jurors in their own cases , and the informer cast into prison , when the judges are coming to assizes , &c. so the judges cannot come to the knowledge of such offences , and the offenders not punished . if that clause of the statute were repealed ( which tyes all informations to be tryed only , and to be prosecuted in the same county , and this put in , that any may as well prosecute at westminster , as elsewhere would bring into the publick revenew above a hundred thousand pound per annum . limitations of certain actions for avoiding suits in law. ( f ) stat. 21. k. james , chap. 16. be it enacted , that all actions upon the case ( other then for slander ) actions for account , actions for treaspass , debt , detriment , and replevi for goods or chattel , and the said action of trespass , quare clausum fregit , within six years next after the cause of such action , and not after . action of trespass of assault , battery , wounding , imprisonment , or any of them within four years next after the cause of such action , or suit , and not after . and actions upon the case for words within two years next after the words spoken , and not after . that no person do enter into any lands , but within twenty years next after his right or title , which shall hereafter first descend or accrue to the same , and in default thereof such persons so not entring , and their heirs , shall be utterly excluded and dis-abled from such entry after to be made , &c. provided that if any person or persons be at the time of such cause of action given or accrued , fallen or come within the age of one and twenty yeers seme covert , non compos mentis , imprisoned , or be beyond the seas , that then such person or persons shall be at liberty to bring the same actions , so as they take the same within such time as are before limited after their coming to , or being of full age , discovert , of sound memory , at large , and returned from beyond the sea , as other persons having no such impediments should be done , stat. 20. hen. 3. 8. 3. ed. 1. 38. 32. hen. 8. 2. 1. m. 5. the punishment of drunkards . ( g ) stat. 21. k. james 7. &c. for preventing of that loathsome sin of drunkennesse , enacted that for every time any was drunk , should within one week after conviction by the oath of one witnesse pay five shillings to the church wardens of the parish for the use of the poor , and for want thereof in monies , to be set in the stocks six hours ; and for the second offence to be bound to the good behaviour . ( see chap. 55. ( b. ) the ale-house keeper , which doth not sell by a full measure of a quart shall , &c. and that shall keep any person , tipling above one hour , shall forfeit ten shillings , and all brewers that shall deliver beer , to houses unlicenced , shall pay six shillings eight pence for every barrel , &c. king charles . the petition of right . ( a ) stat. 3 year of k. charles upon the second day of march 1627. the lords spiritual and temporal , and the commons assembled in parliament read the petition unto the king , the effect thereof was , that his majesty would declare and grant in open parliament , that none might be compelled to make or yeeld any gift , loan , or benevolence , tax , or such like charge , without common consent by act of parliament . that none be compelled to make answer , or take such oath , or to give attendance , or be confined , molested or disquieted for refusal of that . nor free-men be imprisoned or detained , it being the right and liberty of the subject , according to the laws and statutes of england , and to declare your royal will and pleasure , which the king did in these words ( soit droit fait come est desire ) let right be done as is desired ) see 28. chap. 30. ( b ) 38. ( c ) 41. ( a ) 51. ( c ) 43. ( d. ) the star-chamber and high-commission courts voted down . ( b ) act. 17. king charles , the parliament dissolved the high-commission , and star-chamber courts , with the president , and councel of the north , to the end to abandon all arbitrary pressures , conceiving them to be the greatest of evils , the proceedings , censures , and decrease of those courts , have by experience been found to be an intolerable burden to the people , and the means to introduce an arbitrary power and government , being contrary to the laws and liberties of the land , &c. all which courts and proceedings shall sease after the first of august , 1641. being absolutely dissolved and taken away , &c. but it further enacted and declared , that neither his majesty nor councel have , nor ought to have any jurisdiction , power or authority by english bill , petition , articles , libel , or any other arbitrary way whatsoever , to examine , or draw into question , determine , or dispose of the lands , tenements , hereditaments , goods , or chattels of any of the subjects of this kingdome , but that the same ought to be tried and determined in the ordinary courts of justice , and by the ordinary course of the law , &c. and that from henceforth , no court , councel , or place of judicature , shall be erected , ordained , constituted , or appointed within this realm of england , &c. which shall have , use , or exercise the same , or the like * jurisdiction , as is or hath been used , practised in the said court of star-chamber . and be it enacted , that if any who ever they be , shall put in practice any of the courts above named practices , shall for such offence forfeit five hundred pound for the first offence to the party grieved , one thousand for the second offence ; and for the third offence , shall be from thenceforth incapable ipso facto , to bear office , and disabled to make any gift , grant , conveyance , &c. of any of his lands , &c. nor to have any benefit of them , &c. and shall pay to the party grieved treble damages , to be recovered , &c. in any court of record at westminster , by action of debt , bill , ●laint , or information , wherein no essoyn , protection , wager of law , ayd , prayer , priviledge , injunction , or order of restraint shall be in any wise prayed , granted , or allowed , nor any more then one imparlence , &c. it will do the masters of ships no harm to get five hundred pounds for every oath they are forced to swear against themselves , to cut purses , to be imprisoned without judgement of the law , arbitrarily fined , &c. all being done by the magistrates of newcastle , &c. see chap. 29. chap. 26. the parliament . monopolies voted down , &c. ( a ) 1640. the parliament were then so zealous for the nations weal , that seeing what heavy yokes of bondage the people sat under by monopolies , they fell to work on them , and voted down , the pattents of tyn , soap , lether , salt , &c. as being infringers of the common right of the free-born , and the pre-emption of coals would have been the like , if any publick spirit had appeared and presented that grand grievance , which more concerns the life of man then any of the other , but i hope god will do it in due time . see stat. 21. king james 3. see chap. 44. ( e. ) all trade prohibited to newcastle upon tyne , &c. ( b ) 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 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 odi●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 pharisee● 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. ( ● ) 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 ( p. 84. 85. 80. ) for working in their own trades , at the town of sheilds , though in another county , and detaining them untill they enter into bond never to work there again , which is to engage themselves to abandon and renounce that calling wherein they were brought up , to expose themselves , their wives and children to want and beggery , or else to turn vagabons , ( p. 181. ) and desert the place of their habitations , being by these mens tyranny , necessitated to leave their callings or their dwellings ; what sad fate hangs over the poor inhabitants of this town , to be deprived of the common privileges of english men , shall i say ? nay despoyled of the common privileges of mankind , in the sweat of their browes to eat their own bread , genesis 3. 19. and to yeild obedience to that precept of st. paul. let him labour , working with his hands the thing that is good , that hee may have to give to him that needeth , ephesians 4. 28. or that of the same apostle 1. thes : 4. 11. and 2. thes . 3. 10 , 11 , 12. the character of newcastle , or rather indeed the usurped power of the magistrates there , supercedes the commandements of god , let every man , saith st. paul , abide in the same calling wherein hee is called , 1. cor. 7. 20. if hee doth , say the magistrates of newcastle , hee shall not abide in sheilds , nor in the neighbourhood of our corporation : as if they were a limbe of the beast ; so that no man may work , ( p. 72. 165. ) or buy , or sell , save hee that hath their mark . revel . 13. 17. that is , unlesse hee be a member of that freedome , which ingrosseth so much freedome to themselves , that they leave no freedome at all to their poor neighbours . ( p. 104. ) sixtly , ( p. 69. 70. 76. ( a ) 84. 85. 73. ) imprisoning all that are not free of their corporation that shall indeavour to save ships in distresse , from perishing in the river , and when they are sunk for want of help , seizing the goods of the masters , & also imprisoning their persons ( 72 ) many months . let the world , wheresoever it is most savage , most barbarous , shew such an instance of such an aggregation of injustice , oppression and cruelty as this , and ( as wee say , let them carry their coals ) if not to save life bee to kill , and if not to doe good when an opportunity is offered unto us , is to doe evill , as in our saviours doctrine certainly it is , mark 3. 4. then not to save a ship ( p. 165. ) i and perhaps the mariners and passengers lives too ( 72 ) when they have an opportunity , nay when they are earnestly intreated , and their help implored , is in gods accompt all one as if they had sunk the ship and drowned the men , ( p. 80. ) hee that doeth not prevent a mischeif when it is in his power to doe it , is in gods accompt the contriver and the author of it ; but that which is the great aggravation of their oppression in this kind , and heightneth it beyond any parallell is , they deny all help to ships in distresse ( p. 71. ) that so making ship-wrack ( p. 18. 19. 70. 71. 72. 81. 73. 75. 84. ) that which in this is usually alleged to take off from the horridnesse of their tyranny is ( viz. ) that they must send for help from newcastle , signifies nothing , newcastle being 7 miles from that harbour of sheilds . whilst the grasse grows the steed starves , as the proverb tells us , and while help is expected the ship is lost . if these men could command the wind and seas , not to rage and swell , but be hushed into a calme , and the river kept from friezing ( p. 59. 78. 102. 105. 72. 74. 75. 76. 77. 78. 79. ) untill they sent down help from newcastle , their reply might be admitted ; but since the wind , sea and ice , are not controllable by their charter , what abominable tyranny : what savage inhumanity , is it to deny ships in distresse , such help as is at hand , to preserve themselves ? cases of necessity make voyd proprieties , that which without the case of necessity is theft ; in the case of necessity is not theft . men doe not dispise a theif , if hee steale to satisfy his soul when hee is hungry , proverb : 6. 30. and the law saith , when thou comest into thy neigbours vineyard , thou maist eat grapes thy fill at thine own pleasure , deut : 23. 24. in case of extreame necessity , that all things are common , is the joynt opinion of all divines . this is the law of nature , and therefore not to be over-ruled by any positive law , of any kingdome or common-wealth ; for in these cases of extream necessity , the person in this condition , taking that which is anothers , is not guilty of theft , for jure suo uti●ur , as the casuists determine , hee doth but make use of his own right ; nor doth it come under the definition of theft , which is , taking away that which is another mans , without his consent : for as necessity alters the property , and makes it his own , so while he makes use of his own right , the other tenetur consentire , is bound to give his consent , and to acquiesce in the others injoyment of it . and therefore in all positive laws whereby property is distinguished , there is none of them , which hold in case of extream necessity : and shall extream necessity entitle a man to a part of another mans reall possession , by which there is damnum emergens , some dammage or diminution of the goods and possession of the owner , and yet free the invador from all imputation of injustice or usurpation ? and shal not a poor master of a ship in case of extream necessity , ( p. 72. 71. 102. 73. 69. 74. ) dispence with the privileges , and charter of newcastle , which at most , can be but lucrum cessans , a suspension of their privileges and gaine● ; and make use of such helps for his preservation as providence affords , without running the danger of sending for , and waiting the help from newcastle ; without the ruine of those that save him ? shall not extream necessity , which is an apology for all the world , bee his just apology , to plead his excuse in this case , and free him and his helpers from the tyranny and persecution of the magistrates ? 3. the prophet isaiah , tels us of some magistrates that were companions of theeves , isaiah 1. 23. ezekiel tels us of others , that were like evening wolves , ravening for their prey , ezekiel 22. 27. and zephany , of others , that were , like roaring lyons zeph : 3. 3. if any man doubt , whether these characters of oppressive magistrates , be applicable to these of newcastle , i shall say no more to them , than our saviour did to nathaniel in an other case , come and see . joh. 1. 46. seventhly . prohibiting gentlemen and others in the counties both of northumberland and durham , to sell their coals to ships to be transported to london , compelling all owners of colleries , to sell their coals to themselves first , if any shall presume to sell their coals immediately to the ships , without taking them in the way , they seize upon such coals , upon pretence that the owners of the coals are not free of their corporation , ( pag. 20. 94. 92. 93. 95. 96. 97. 45. 78. 76. 75. 37. 190 162. d. ) and if this be not a monopoly , of as high a nature , and producing as ill effects , and those of as large extent , as any , that ( to the great content and satisfaction of the nation ) hath b●en abolished , let the * world judge . a welch pedigree , doth not descend by more steps and degrees , than the propriety of their coals is varied , while it is derived from the owner of the collery , unto him that at last buyes the commodity to spend it , as well trades as others . the owners of colleries , must first sell the coals to the magistrates of newcastle , the magistrates to the masters of ships , the master of ships to the woodmongers or wharfingers , and they to those that spend them : every change of the propriety adding to , and enhancing the price of the coals , thus interchangeably bought and sold ; which course , as it picks some money out of the purses of every man that buys coals , besides bad * coals being therby vented , so it grinds the faces of the poor , who in these latter years , by reason mainly of this monopolizing of them , have found it as hard a matter to fortifie themselves against cold , as against hunger , ( p. 104. ) whereas , if the owners of every collery had free liberty to sell ( p. 118. ) his coals to ships immediately , tinmouth haven would afford two hundred thousand chaldrons of coals in the year more than now are vented , which would reduce the late exorbitant excessive rates of coals in the city of london ( p. 60. 75. ) to under twenty shillings a chalder all the year , winter as well as summer , and bring into the common treasury above forty thousand pounds per annum , ( p. 57. 94. 96. ) some owners of coal-pits will rather let their pits be fired , like those at benwell , and consume , than let their coals to the magistrates of newcastle . if the coal-owners in each county from whence all coals come should be as refractory to the magistrates in denying their coals , as the magistrates are to the masters ( pag. 97. 93. 92. ) few or none would be brought to london , or any revenue raised . eighthly , forcing all ships up the river six miles , amongst dangerous sands , shelves , and the bulks of sunk ships ( p. 69 , 70 , 71. 72 , 78 , 93 ) that so they may cast out their ballast upon their shoars , and all for the greediness of receiving eight pence for every tun of ballast , which hath occasioned the spoil and loss of many ships , to the utter undoing of the masters and owners of the ships , and the destruction of the lives of many poor seaman , and mariners , whose blood will be required at their hands who put them on those dangers in which they perished . besides their choaking up the most part of that river , by forcing the ballast up their sandy hils near the said town of newcastle , many thousand tuns whereof is blown and washed down into that river , ( pag. 78. ) they will neither preserve the river , nor let doctor swinbourn vice admiral for the county of durham doe it , who hath fined some of the magistrates hundreds of pounds for damages , &c. lastly , countenancing their officers in their oppressions , nay , in their very murthers , as in the case of thomas r●tter with others , who having forfeited their lives to justice for killing ann the wise of th●mas cliff of north-shields , was by their power and favor rescued from that death , which they justly deserved ( p. 80. ) god would not suffer his altar to be a sanctuary to a wilful murtherer , neither would king john their patron , ( pag. 34. ) if a man come presumptuously upon his neighbor to slay him , thou shalt take him from mine altar , that he may die , exo. 21. 14. the law of england d●fines what murther is , pa. 165. blood defileth the land , and the land cannot be cleansed of the blood that is shed therein , but by the blood of him that shed it , numb . 35. 33. when therefore god shall make inquisition , they that staid him that offered ●iolence to the blood of his n●ighbor , and should have gone to the pit , prov. 20. 17. will be found to communicate in this murder , and involved in the same guilt with him that committed it , but the good god be merciful to them that have not approved or consented to this wickedness ; for though our eyes did see this blood , yet our hands did not shed it ; and therefore let every one that would wash his hands clean from that blood , pray , as god prescribed , be merciful , o lord , unto thy people israel , whom thou hast redeemed , and lay not innocent blood unto thy people israels charge , deut. 21. 7 , 8. thus have i given you a short view of the tyrannical oppressive practices of the magistrates of newcastle , whose sin receives no smal aggravation from their office and calling , in that they are magistrates , whom god hath furnished with authority to that end , that they might prevent and redress injuries done by others , and execute wrath upon evill doers , rom. 13. so that in their oppressions , they sin against the very end of their calling , they transform the very image of gods power and justice , which they sustain , into the image of gods enemy , satan , whom herein they resemble , and become after a sort wickednesses in high places , as the devils are ; for amongst them , as much as any where , is that of solomon verified , i saw under the sun the place of judgement , that wickedness was there , and the place of righteousness , that iniquity was there , eccles . 3. 16. and although attempts hitherto , and all indeavors for redress of these oppressive courses , have proved abortive and fruitless , no man compassionating the people with saul , so much as to aske , what ayleth this people that they weep , 1 sam. 11. 5. no , after many addresses , petitions , remonstrances , and sutes at law , being stifled by the instigation of corrupt persons then in power , and obstructed by the mutability and changes , we have too just reason to complain with solomon , behold the tears of such as were oppressed , and they had no comforters , and on the sides of their oppressors there was power , but they , the oppressed , had no comforter , eccles . 4. 1. yet at this time we are not without good hopes , but that the cries of the poor and the oppressed will enter into the ears and hearts of this present power , that they will be as a hiding place from the winde , and a covert from the tempest , as rivers of waters in a dry place , as the shadow of a great rock in a weary land , isa . 32. 2. but if our hopes now fail us , we must sit down and sigh-out that of solomon , if thou seest the oppression of the poor , and violent perverting of judgement and justice in a province , marvail not at the matter , for hee that is higher than the highest regardeth , and there he higher than they , eccles . 5. 8. the table . a atcheson page . 85 arresting in others names page . 76 arresting out of a liberty , page . 154 arresting by false writs , page . 181 attorny page . 127 , 182 admiralty river , page . 15 , 17 , 45 , 115 aldermen page . 22 , 136 articles for the river , page . 37 to 41 army at batlet page . 118 armed men disarmed , page . 161 artificers page . 167 , 84 , 165 acton burnel page . 27 andronicus page . 69 attaint against a jury , page . 150 ad quod damnum page . 155 act for free trade , page . 114 , 170 alehouses page . 187 b bounders of newcastle , page . 8. 9 , 11 , 16 bigs page . 76 bowes page . 85 bonner page . 51 , 73 , 84 beets page . 71 buckingham page . 15 bishop and justice page . 36 bribery page . 10 ballast , page . 40 , 43 , 44 , 73 , 77 , 79 , 87 , 89 , 103 , 116 , 151 , 74 , 92 , 93 , 48 , 49 , 53 , 78 , 94. bonds , page . 43 , 84 , 85 , 103 , bayl denied , page . 82 , 89 , 153 , 140 bread and water fed , page . 83 bread nor beer at shields , page . 102 , 57 , 106 , 117. beasts blood page . 104 blewet page . 135 bidleston page . 110 burgesses page . 29 , 130 bayliffs oath page . 127 belman page . 107 barrator page . 161 butler page . 92 bradford page . 87 bracton page . 84 c charters , page . 7 , 8 , 10 , 11 , 17 , 20 , 30 , 52 , 111 , 117 , 118 , 119 , 154 , 156 , 126 , 171 , 43. corporation page . 113 , 170 corroner , page . 18 , 22 , 24 , 7 , 101 , 144 , 156 customs on coals , page . 98 , 26 , 34 , 75 , 94 , 95 , 96 , 97. court page . 23 conservators peace . page . 23 and river page . 37 commissioners river , page . 43 , 115 , 37 combination page . 72 , 73 , 93 coals , page . 97 , 8 , 9 , 45 , 25 , 190 , 119 , 58 , 78 , 92 , 93 , 94 , 117 , 52 , 182 , 138 , 10 , 12 , 13 , 14 , 16 , 95 , 185 , 20 , 24 , 29 , 31 , 70 , 71. conspiracies in art. page . 165 cartwright page . 94 cudworth page . 93 customers page . 139 , 173 twelve companies page . 20 councils names , page . 41 , 42 , 49 , 55 crosier page . 48 cliffs trial page . 57 , 76 , 81 committee page . 61 carpenters page . 84 castle of darrel page . 44 commission sewers page . 149 condemned by law page . 134 confiscations , page . 117 , 105 , 28 , 99 , 102 corn page . 101 , 104 cason page . 75 , 71 d dudly and empson page . 34 drowning , page . 59 , 70 , 101 , 102 , 112 dogs and cats eaten , page . 104 , 120 debts page . 27 duties on coals page . 97 distress page . 156 damage to ships page . 75 drunkenness , page . 34 , 111 , 187 deanes claim page . 119 duke venice page . 173 dawson page . 95 , 97 , 100 darrel page . 44 e k. edw. 1. page . 153 edw. 2. page . 157 edw. 3. page . 160 edw. 6. page . 164 q. elizab. page . 12 , 13 , 14 , 16 , 20 , 117 extortion , page . 115 , 123 , 153 , 180 evidence page . 128 , 109 expositions page . 123 executions page . 180 f fleta page . 83 , 84 forestallers , page . 17 , 166 , 179 , 104 fines , page . 16 , 18 , 19 , 23 , 31 , 60 , 84 , 87 , 81 , 91 , 92 , 93 , 117. 163. fishermen page . 44 felons , page . 23 , 24 , 110 , 159 fees by corporation page . 149 fenwick page . 141 farrow page . 103 feefarm page . 7 , 10 , 11 fish royal page . 19 g gates lockt page . 39 grounds fenced , page . 40 , 51 , 76 , 112 , 113 gardiners page . 59 , 62 , 104 goods page . 60 , 117 grenaway page . 105 gateshead page . 169 , 175 gold and silver , page . 162 green page . 91 grievances to be redressed , page . 163 gallows page . 19 , 24 gaolers page . 160 grammer school page . 29 governor page . 39 government page . 34 gosnal page . 71 h k. hen. 3. charter page . 8 , 13 hoast-mens charter , page . 13 , 25 , 26 , 30 , 49 , 52 , 92 , 93 horth page . 52 , 77 k. hen. 4. page . 12 l. haward page . 14 sir heath page . 48 , 112 hilton page . 53 , 102 hanging page . 24 , 106 heads cut off page . 121 heathens practice page . 87 hume page . 70 , 101 sir hasterigge , page . 100 , 101 , 106 hesilwood page . 72 , 79 , 86 harrison page . 80 , 88 hall page . 85 habeas corpus page . 83 horn page . 84 k. herrold battle page . 118 k. hen. 3. page . 134 k. hen. 4. page . 136 k. hen. 5. page . 137 k. hen. 6. page . 139 k. hen. 7. page . 144 k. hen. 8. page . 147 i k. john , page . 1 , 3 , 129 , 34 , 7 , 2 , 6 k. james page . 35 , 34 indictments page . 81 , 186 , 143 imprisoning , page . 16 , 31 , 76 , 82 , 84 justices , page . 17 , 19 , 23 , 24 , 119 , 136 , 161 judges and jurors , page . 18 , 90 , 103 , 110 , 106 , 117 ingrossers , page . 17 , 101 , 104 , 105 166. jarrow page . 50 , 57 , 90 , 119 jury page . 128 , 151 information of penal statutes page . 186 , 168 k keelef-men page . 40 , 98 , 138 katherines liberties page . 42 kents land page . 119 keeble page . 75 kings oath page . 119 , 128 l limitation of actions , page . 187 laws , page . 17 , 31 , 33 , 82 , 90 , 109 , 111 , 119 , 123 , 134 , 16 , 21 liberties forfeited , page . 42 , 118 163 lamb page . 156 lease grand collery page . 24 lever page . 93 low page . 74 lines page . 76 lambert page . 85 lyng page . 89 lumsdall page . 99 lands purchase , page . 174 , 15 , 11 , 30 letters counterfeited page . 88 m morpeth burnt page . 4 mayor chosen , page . 21 , 23 , 36 , 113 , 163 , 130 , 82 mortmain page . 24 , 174 murder , page . 34 , 80 , 170 , 165 markets , page . 21 , 27 , 59 , 70 , 99 , 101 , 102 , 105 , 106 , 118 , 155 , 166. merchants page . 117 mariners page . 26 mallen page . 71 , 75 mors● page . 75 midford page . 76 mirriton page . 96 measures , coals page . 78 miseries page . 120 q. mary page . 175 n newcastle , page . 15 , 20 , 62 , 67 , 112 , 115 , 116 , 138 , 121 northumberland , page . 120 , 122 , 123 navigation page . 115 normans page . 119 o oliver lord protector , page . 114 officers , page . 18 , 22 , 27 , 30 , 36 , 81 , 153 , 163 out-lawed page . 22 oath , page . 22 , 36 , 39 , 72 , 86 , 88 , 91 , 119 , 127 , 128 , 129 , 130 , 141 , 165. ordinances page . 145 , 190 orde wife page . 96 objections page . 112 p parlament page . 5 , 53 , 81 punishments page . 16 , 43 , 58 petition right page . 188 pleading , page . 30 , 27 , 62 , 67 , 115 penalties page . 31 , 28 profits page . 33 purse cutting page . 87 , 180 prisons , page . 23 , 59 , 72 , 83 , 87 , 93 , 155 peach page . 91 prisoners page . 160 , 84 pots page . 74 pilots page . 117 phillips page . 74 , 78 , 97 perjury page . 73 , 76 , 87 , 178 pye page . 92 poor page . 181 provision , page . 59 , 94 , 102 , 103 prentice page . 111 , 177 pardon page . 29 prerogative page . 118 pope page . 129 q quo warranto , page . 29 , 34 , 113 , 156 r k. rich. 2. page . 12 , 170 ryots page . 174 , 82 , 140 regrators page . 17 , 166 rates page . 81 , 99 , 101 , 162 robbing page . 167 recorder page . 22 recognizans page . 27 river , page . 78 , 102 , 105 , 36 , 43 , 58 , 93 , 149 , 50 56 , 60 , 74 , 75 , 77 , 79. 103 , 112 rewards page . 44 read page . 101 , 92 reavely page . 102 revenue page . 75 , 93 , 94 readhead page . 84 rawling page . 92 rebels . page . 26 s sheriff , page . 12. 23. 137. 141. 143. 153. 158. 180. sneing , page . 16. 45. 46. 92. 100. 102 seele page . 16. 27. 31. 162 sparhawke page . 17. 147 school page . 29 steward page . 31 servants page . 103 ships unload , page . 31. 40. 57. 60. 117. 106. 70. 71. 72. 73. 74. 75. 76. 80. 92. 103. 104. 134. 102. star-chamber page . 45 , 87 , 188 ship-carpenters page . 117. 58 strafford page . 35 sands patent page . 53 spanish inquisition page . 87 straw-mat page . 91 seamen custom free page . 105 symonds page . 105 scoulds page . 111 stock commonwealth , page . 115 salt works page . 117 scots burning people page . 122 s●lkeild page . 82 sergeants page . 107 srabbing page . 182 survey page . 191 t talbot page . 91 toule , page . 28. 94. 101. 103 , 104. 149. 153 trades , page . 21. 51. 75. 78. 112● 115. 167. 170. 173 tyrants law page . 70 tye page . 72 tickets page . 44 taylor page . 84 , 104 trinity house london , page . 112 tyn page . 94 tobacco page . 99 thorp judge page . 100 table of fees page . 149 tax only by parlament , page . 155 tempest patent page . 52 v victuals , page . 77. 105. 162. 165. 28 voyages lost , page . 74. 75. 93 94. 97. 104 voyages gained , page . 75 , 79. 93. 98 usher page . 29 usurped power pardoned , page . 29 w wall page . 9 wreck , page . 18. 19. 70. 71. 72. 159 work-men page . 181 , 84 wages page . 81. 73 watching page . 43. 103 willy page . 75 , 110 witchfinder page . 109 wheeler page . 107 wyard page . 92 warrants , page . 103. 82. 97. 156 william conquerer page . 119 water page . 102. 103 west page . 106 williamson page . 99 weights and measures page . 102 y yaxly page . 74 yelverton page . 55 errata . page 9. ( a ) line 7. for shelves , r. streams . p. 36. ( b ) l. 2. for confirmancy , r. conservancy . p. 75. ( c ) l. 4. for worses , r. mo●se . p. 117. ( m ) l. 3. for princes , r. premises . p. 197. l. 12 for evested , r. divested . p. 73. ( f ) l. 7. read for 6. s. 8. d. finis . the river of tyne leading from the sea on the east , to newcastle on the west , beeing bounded in on both sides , by the county of northumberland on the north , & the county durham on the south . london printed & sould by peter stent at the white horse in giltspurr street , betwix newgate and pye corner . a. towne shore b. st ridalls shore● c. ballast shore d. bill shore e. pace sand f south road sand g north road sand h iarro sand i iarro middle around k iarro slike l. dirtwi● sand m coble deane n 〈◊〉 sand o another balla●t shore p bill sand notes, typically marginal, from the original text notes for div a42371-e720 * see chap. 49. ( b ) 11 year ▪ 1211. 13 year ▪ s 1212. ☞ 14 year , 1213 ▪ 15 year . 16 year . 17 year . ☜ * it is conceived , that this le●se is void , by reason the corporation forfeite● it being garrisoned against the parliament , &c. * chap. 21. this statute of 2 edw 3 8 will void this charter by reason it is against right . newcastles petition . * newcastle incorporated . to purchase lands . see stat. 15. rich. 2. 5. to sue , and be sued by one name . see ed. 3 6. confirms all former liberties . * making laws see stat. 19. heu . 7. 7. * to punish offenders . see stat. 9. hen. 3. 29. commanding obedience . sparhawk and headwyn streams their libert ies . entrance to the office of high admiralty . keeping courts . punishment . * see stat. 28. edw. 3. 3. laws of england executed . fore-staling . see cap. 50. a. 49 , 5 , 48. a. officers to do their duty . see cap. 36. c. d see chap. 30. b chap. 29. d. all acknowlegements wreck , &c. view of dead bodies , murthering , drowning wreck . coronors . * see ch . 48. a. 29. 49. a. to fine and qualifie . see stat. 25. edw. 1 5. all fines for their own use is given . see c. 42. a 41. a. * to have all profits and wrecks . * see c. 30. a 29. d sta. 17. ed. 2. 11 to have all felons goods , &c. see c. 53. a * sta. 17. ed. 2. 16. royal fishes . sta. 17. ed. 2. 11 justices of goal delivery , gallows and to hang them . observ . choyce of the mayor and other officers . power to make laws for themselves not repugnant to the laws , of england . castlemore is without the limits . to punish offenders against such laws . * see sta. 19. hen. 7. 7. election of the mayor , sheriff , and other officers at what time . the port belongs to the castle , and not to the town . oath to master of ships . officers for life to fine refusers of offices . the recorder no burgess . every officers name . from the 18. leaf to the 65 leaf concerning the officers of newcastle . to hold courts of record . see chap. 42. c. conservators of the peace chap. 37. chap. 36. to enquire of all misdemeanors to the law forestallers , regrators , &c. * see st. 5 , 6. ed. 6. 15. reasonable taxation of fines &c. for the towns use . * see st. 25. ed. 2. 6. gaol-deliveries and coronors , &c. see sta. 3 h. 7. 1 town moor is without their liberties , only liberty to get coals . they have no other liberties b●t within the walls of the town . quere , what interest they have in the port , for it extends seven miles above , and seven miles below the town of newcastle which is further then their right of inheritance reacheth . q. eliz her lease of the manor of gat. & wick . made to w. reddel , & others in trust for the mayor & burgesses of newcastle for the time being see stat 7. ed. 6. 10. * the copy concerning the sta. of mo●t● . wh●ther the lease be good or not . 15. ric. 2 , 5. see this act at the rolls , whether there be such a penalty or not ? because the same is a private act 100. shillings for every ship or vessel . all felons goods granted . halam a rebel they took in the 29. year of k. hen. 8 he sided with sir th. moor to maintain the popish religion , this was here great service . the queen & her heirs , and successors are to have their clark of recognizances . the mayor to have a seal . see chap. 46. a the town of newcastle discharged of toles , &c. profits of toles of markets and fares in newcastle and liberties to be levied for the use of the mayor . they may take but pay no ●oles . * see 3 ed. 1. 20. chap. 29. 48 , 49. merchant strangers selling and buying of merchandizes at newcastle . * see. sta. rich. 2. 7. 14 rich. 2. 9. 5. 6. edw. 6. 9. see cha . 51. a. * see ch . 49. d cha . 51. a. a general confirmation of all liberties , &c. * see st. 30. ed. 1 a discharge of all former actions to bee brought against them by writ of quo warranto . it doth not clear since . burgesses to be admitted by the mayor and burgesses . a new free grammer-school to be erected and called by the name of qu. eliz. her free grammer school . * see sta. 21. jacobi cap. 3. mayor and burgesses petition , having been an antient fraternity commonly called hoast-men , for the discharging and better disposing of sea-coals , &c. that they may be incorporated in one body . the queen ordaineth them so to be , names 45 to be the guild or body corporate . this is called a monopoly , in the stat. of the 21. k. jam. c 3. enables them to become purchasers in perpetuity . * see stat 15. rich. 2. 5. 7. ed. 1. to make a seal and break it at pleasure . see chap. 46 a to have a governor . power to make laws in their guild , as be pure , wholesome , good , and profitable for the good government of the said company . * see 19 hen. 7. 7 ‖ see stat. 25. ed. 1. 5. to impose penalties by fine or imprisonment upon the offendor . * see 28 edw. 3. 3. and to have al fines for the companys use . see cha . 43. d. such laws to be observed , if they be not repugnant to the known laws of england . see st. 19. hen. 7 7. they to have all the loading or reloading of coals ▪ &c. in that port , in any part of the port notwithstanding the statute of the 21. hen. 8. c. 18. see sta. 21 , ja. 3. a monopoly . it is conceived this charter could not repeal that statute . see chapters 19 , 24 , 25 , 26 , 28 , 34. ( a. b ) 35 ( a. b ) see sta. 23. hen. 85. ☜ these articles are all void , notwithstanding it is all the power they can claim . it is conceived this lease i● void both by law , &c. * oppression . * mr. fuller . * andronicus or the unfort●●nate polititio●● ▪ if all masters should be thus tyed to buy all things of them , judge of the consequence . * it could do no harm to the river , other than endanger the choaking of the fish . ‖ yet the 10 l. did not cleanse the river thereof . * 1 tim. 6. 10. * coal-ingrossers . * it was time . notes for div a42371-e28150 this wil break the n●ck of all charters in england , that be unjust , &c. * this is the grant of is per ch●ldr●n , that they make the nation pay , &c. notes for div a42371-e34820 it would not be amiss for the honest burgesses to protest against the dishonest , to the end , the innocent may not suffer for the ●●cent ; their oath is not to uphold such act●●gs . ☞ ☜ ☜ pag. 70 , 99 , 101 , 102 , 104 , 106 , 155 , 166. ☜ * wh●ch now as the case stands the city is cheated in buying of slats as well as coals p. 45. 