A78080	----	By the Company of VVoodmongers Whereas: a general and open scandal in an ignominious and reproachful way hath been falsely laid upon the Woodmongers in their trade of selling of wood and coals, by some who have (as it hath appeared) with unsized measures, maliciously and without lawful authority, in a turbulent manner taken upon upon them to measure coals, after the said coals have been sent from the several wharffs in lawful and well sized sacks, ... Company of Woodmongers (London, England) This text is an enriched version of the TCP digital transcription A78080 of text R212111 in the English Short Title Catalog (Thomason 669.f.20[64]). 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. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A78080 Wing B6362 Thomason 669.f.20[64] ESTC R212111 99870762 99870762 163480 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. A78080) Transcribed from: (Early English Books Online ; image set 163480) Images scanned from microfilm: (Thomason Tracts ; 247:669f20[64]) By the Company of VVoodmongers Whereas: a general and open scandal in an ignominious and reproachful way hath been falsely laid upon the Woodmongers in their trade of selling of wood and coals, by some who have (as it hath appeared) with unsized measures, maliciously and without lawful authority, in a turbulent manner taken upon upon them to measure coals, after the said coals have been sent from the several wharffs in lawful and well sized sacks, ... Company of Woodmongers (London, England) 1 sheet ([1] p.) s.n., [London : 1657] Title from caption and first lines of text. Imprint from Wing. Annotation on Thomason copy: "August ye 10th 1657". Reproduction of the original in the British Library. eng Company of Woodmongers (London, England) -- Early works to 1800. Coal trade -- England -- Early works to 1800. Fuelwood industry -- England -- Early works to 1800. A78080 R212111 (Thomason 669.f.20[64]). civilwar no By the Company of VVoodmongers Whereas: a general and open scandal in an ignominious and reproachful way hath been falsely laid upon the Woo Company of Woodmongers 1657 686 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-07 TCP Assigned for keying and markup 2008-07 SPi Global Keyed and coded from ProQuest page images 2009-01 Emma (Leeson) Huber Sampled and proofread 2009-01 Emma (Leeson) Huber Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion BY THE Company of Woodmongers WHEREAS a general and open scandal in an ignominious and reproachful way hath been falsely laid upon the Woodmongers in their Trade of selling of Wood and Coals , by some who have ( as it hath appeared ) with unsized Measures , maliciously and without lawful authority , in a turbulent manner taken upon them to measure Coals , after the said Coals have been sent from the several Wharffs in lawful and well sized Sacks , marked and allowed for that purpose , with allowed sealed Measures in their Carts , which have been proved and tried before the Chief Magistrate of this City , and the Sacks found , when shrunk , to carry the full proportion within the Sack without heaping or topping , yet notwithstanding , by such unskilful in measuring , or partial in action , have found them short in measure , and so divulged it , on purpose to make the Woodmongers odious , although the same being afterwards meated by a sworn Meater , with an allowed sealed Bushel from the Office , was then found full Measure ; The Odium is published to all , and beleeved by some ; the Truth appears privately , and is known but to a few ; Insomuch that the Woodmongers money is often stopped in the Customers hands upon the aforesaid pretence of their Coals not being measure ; and Suits at Law , by some contentious , consequently following the same , and by such consequent delays , Customers sometimes take their opportunities and are gone , and the Woodmonger loses his whole Debt ; Which Burthen hath long lain upon the shoulders of the Woodmongers : All which being taken into serious consideration , and that the Woodmongers Wharff is his Market to sell his Commodity in , as the Shop is the Trades-mans ; and whereas the Woodmongers do pay ready money for all their Coals , and many times beforehand for their Wood , and that Coals and Wood may be sold at the cheapest rate that possibly may be afforded at , Out of which considerations it is desired , that all persons whatsoever wanting Coals or Wood do come themselves into the said several Wharffs , or send their Servants or Agents thither , to see and approve of such Wood and Coal as they shall desire to have before they be sent from the Wharff . And if any misdoubt their measure , they shall there see their Coals measured with a lawful Measure , into their several Sacks ; and for prevention of several Suits begotten as before is expressed , That all persons whatsoever , do take notice that from and after the Fourteenth day of September next they bring or send down their Money for such Coals and Wood , as they from time to time intend to have , before the same be delivered out of the Wharff where they buy : And the said Woodmongers after such delivery from their respective Wharffs , are not to own the new measuring of any such Coals ; or make any allowance of any that shall be pretended to be wanting upon such new measuring , forasmuch as every one that will may have the same lawfully measured at the Wharff , and being so measured , to expect his due and no more : And if any shall take the same by consent , they are to have the same lawful size of Sacks marked and allowed as formerly , filled and topped with as equal a hand between Buyer and Seller as possible may be ; and the said Woodmongers are not to use any other then the allowed sealed Measures and Sacks at their Wharffs ; and that this may be well and truly performed , the Masters and Wardens of the said Woodmongers Company will appoint such Over-seers that shall from time to time see the due performance hereof : Or bring the Offenders to condign punishment . HALL Clerk . 
A74216	----	Die Sabbati 28. Ianua: 1642. An order made by the Commons assembled in Parliament, concerning the rate of coales. England and Wales. Parliament. House of Commons. This text is an enriched version of the TCP digital transcription A74216 of text667 in the English Short Title Catalog (Thomason 669.f.5[128]). 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. 1 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A74216 Thomason 669.f.5[128] 50811858 ocm 50811858 160840 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. A74216) Transcribed from: (Early English Books Online ; image set 160840) Images scanned from microfilm: (Thomason Tracts ; 245:669f5[128]) Die Sabbati 28. Ianua: 1642. An order made by the Commons assembled in Parliament, concerning the rate of coales. England and Wales. Parliament. House of Commons. 1 sheet ([1] p.) Printed by Jo: Field for Edw: Husbands and are to be sold at his shop in the Middle-Temple, London : Febr. 6. 1642 [i.e. 1643] Signed: Hen: Elsynge, Cler. Parl. D. Com. Reproduction of the original in the British Library. eng Coal -- England -- Newcastle upon Tyne -- Prices -- Early works to 1800. A74216 667 (Thomason 669.f.5[128]). civilwar no Die Sabbati 28. Ianua: 1642. An order made by the Commons assembled in Parliament, concerning the rate of Coales. England and Wales. Parliament. 1643 172 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-06 TCP Assigned for keying and markup 2008-09 SPi Global Keyed and coded from ProQuest page images 2008-11 John Pas Sampled and proofread 2008-11 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion Die Sabbati 28. Ianua : 1642. AN ORDER Made by the Commons assembled in Parliament , Concerning the Rate of Coales . IT is this day Ordered by the Commons House of Parliament , That it be referred to the Lord Major to consider what rate is fit to be set upon Newcastle coales both within his jurisdiction and without , and to present a certificate of the Rate to the House , that it may be considered of , and confirmed by both Houses ; And that in the mean time the VVoodmongers and all other Retaylers of coales , shall not sell any Newcastle coales at above two and twenty shillings the chaldron at the VVharfe , And that the VVharfingers shall not exceed the usuall Rate for carrying of coales . Hen : Elsynge , Cler. Parl. D. Com. London Printed by Jo : FIELD for EDW : HUSBANDS , and are to be sold at his shop in the Middle-Temple . Febr. 6. 1642. 
A37555	----	An act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas England and Wales. This text is an enriched version of the TCP digital transcription A37555 of text R40491 in the English Short Title Catalog (Wing E1012). 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. 1 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A37555 Wing E1012 ESTC R40491 19340522 ocm 19340522 108713 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. A37555) Transcribed from: (Early English Books Online ; image set 108713) Images scanned from microfilm: (Early English books, 1641-1700 ; 1668:19) An act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas England and Wales. 1 broadside. Printed by John Field ..., London : 1652. Reproduction of original in the British Library. eng England and Wales. -- Parliament. -- Act for laying an imposition upon coals towards the building and maintaining ships for garding the seas. Coal -- Taxation -- Great Britain. Taxation -- Law and legislation -- Great Britain. A37555 R40491 (Wing E1012). civilwar no An Act for continuance of the imposition upon coals, towards the building and maintaining ships for garding the seas. England and Wales 1653 159 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2008-05 TCP Assigned for keying and markup 2008-06 SPi Global Keyed and coded from ProQuest page images 2008-07 Mona Logarbo Sampled and proofread 2008-07 Mona Logarbo Text and markup reviewed and edited 2008-09 pfs Batch review (QC) and XML conversion seal or coat of arms of the Commonwealth 22. March 1653 AN ACT For continuance of the Imposition upon Coals , Towards the Building and Maintaining Ships for garding the Seas . BE it Enacted by this present Parliament , and by the Authority thereof , That one Act of this present Parliament , Entituled , An Act for laying an Imposition upon Coals , towards the Building and Maintaining Ships for garding the Seas : And all Powers and Clauses therein contained , be and are hereby continued , and shall and do stand in full force until the Six and twentieth day of March , in the year One thousand six hundred fifty and four . Tuesday the Two and twentieth of March , 1652. ORdered by the Parliament , That this Act be forthwith printed and published . Hen : Scobell , Cleric . Parliamenti . London , Printed by John Field , Printed to the Parliament of England . 1652. 
A82945	----	Fryday the 10th of December. 1652. An order of the Parliament touching the extraordinary rate of coals. England and Wales. Parliament. This text is an enriched version of the TCP digital transcription A82945 of text R211568 in the English Short Title Catalog (Thomason 669.f.16[74]). 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. 1 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A82945 Wing E1718 Thomason 669.f.16[74] ESTC R211568 99870284 99870284 163227 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. A82945) Transcribed from: (Early English Books Online ; image set 163227) Images scanned from microfilm: (Thomason Tracts ; 246:669f16[74]) Fryday the 10th of December. 1652. An order of the Parliament touching the extraordinary rate of coals. England and Wales. Parliament. 1 sheet ([1] p.) Printed by John Field, Printer to the Parliament of England, London : 1652. Signed: Hen: Scobell, Cleric. Parliamenti. Reproduction of the original in the British Library. eng Coal trade -- England -- London -- Early works to 1800. London (England) -- Economic conditions -- Early works to 1800. A82945 R211568 (Thomason 669.f.16[74]). civilwar no Fryday the 10th of December. 1652. An order of the Parliament touching the extraordinary rate of coals. England and Wales. Parliament. 1652 175 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-10 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-11 Mona Logarbo Sampled and proofread 2007-11 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion blazon or coat of arms AN ORDER OF THE PARLIAMENT touching the extraordinary rate of COALS . Fryday the 10th of December . 1652. Ordered by the Parliament , THat it be referred to the Lord Major of the City of London , and the Court of Aldermen , and that they be authorised and required to examine how the price of Coals is raised to such extraordinary rates , and the abuse therein , and by whom , and to take an effectual course for the present remedy thereof for the good of the poor ; and in case they shall finde the same not to be within their power to redress , that then they do state the matter of Fact ; and certifie the same , with their opinion therein , to the Parliament with all convenient speed ; and Mr. Alderman Atkin is to take the special care hereof . Hen : Scobell , Cleric . Parliamenti . London , Printed by JOHN FIELD , Printer to the Parliament of England , 1652. 
A88483	----	At the general quarter-sessions of the publick peace holden for the City of London by adjournament at Justice-hall in the old Baily London, on VVednesday the xij day of January in the year of our Lord 1652 before John Fowke Maior of the City of London, Thomas Atkins, Thomas Andrewes, Thomas Foote, John Kendricke, aldermen of the City of London, and William Steel recorder of the same city, Samuel Avery, Robert Titchborne and John Dethicke, aldermen of the said city, and other their fellowes justices assigned to keep the publick peace in the City of London, and also to hear and determine divers fellonies, trespasses and other misdemeanours within the same city committed. City of London (England). This text is an enriched version of the TCP digital transcription A88483 of text R211624 in the English Short Title Catalog (Thomason 669.f.16[82]). 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. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A88483 Wing L2887A Thomason 669.f.16[82] ESTC R211624 99870335 99870335 163235 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. A88483) Transcribed from: (Early English Books Online ; image set 163235) Images scanned from microfilm: (Thomason Tracts ; 246:669f16[82]) At the general quarter-sessions of the publick peace holden for the City of London by adjournament at Justice-hall in the old Baily London, on VVednesday the xij day of January in the year of our Lord 1652 before John Fowke Maior of the City of London, Thomas Atkins, Thomas Andrewes, Thomas Foote, John Kendricke, aldermen of the City of London, and William Steel recorder of the same city, Samuel Avery, Robert Titchborne and John Dethicke, aldermen of the said city, and other their fellowes justices assigned to keep the publick peace in the City of London, and also to hear and determine divers fellonies, trespasses and other misdemeanours within the same city committed. City of London (England). 1 sheet ([1] p.) Printed by James Flesher, Printer to the Honourable City of London, [London] : [1653] Imprint place and publication date from Wing. The response of the Corporation of London to the 10 December 1652 order of Parliament that the Lord Mayor and aldermen were to inquire into and take remedy for the extraordinary price of coal in which they fix the price "of seacoals untill further or other order shall be duely given in this behalfe". Signed: Sadler. Annotation on Thomason copy: "January 12th". Reproduction of the original in the British Library. eng England and Wales. -- Parliament. -- Early works to 1800. Coal trade -- England -- London -- Early works to 1800. Great Britain -- Politics and government -- 1649-1660 -- Early works to 1800. London (England) -- Economic conditions -- Early works to 1800. A88483 R211624 (Thomason 669.f.16[82]). civilwar no London ss. At the general quarter-sessions of the publick peace holden for the City of London by adjournament at Justice-hall in the old Bai City of London 1653 571 2 0 0 0 0 0 35 C The rate of 35 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-07 TCP Assigned for keying and markup 2007-08 Aptara Keyed and coded from ProQuest page images 2007-09 Mona Logarbo Sampled and proofread 2007-09 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion blazon or coat of arms blazon or coat of arms At the general Quarter-Sessions of the publick peace holden for the City of London by adjournament at Justice-hall in the old Baily London , on Wednesday the xij day of January in the year of our Lord 1652 before John Fowke Maior of the City of London , Thomas Atkins , Thomas Andrewes , Thomas Foote , John Kendricke , Aldermen of the City of London , and William Steel Recorder of the same City , Samuel Avery , Robert Titchborne and John Dethicke , Aldermen of the said City , and other their fellowes Justices assigned to keep the publick peace in the City of London , and also to hear and determine divers fellonies , trespasses and other misdemeanours within the same City committed . WHereas by order of Parliament of the xi of January instant , It was referred to the Lord Maior and the several Courts of Sessions of the Peace for London and Middlesex , at their then next sitting being at this present time , and they were impowred to give in charge to the Grand Iury to inquire what is a fit and indifferent price for seacoals and upon their presentment to set such rate and price as they shall think fit both within the Cities of London and Westminster , and Liberties thereof , the Borough of Southwark and County of Middlesex , and that all Wood-mongers Cole-merchants and others that sell either in grosse or by retail within the said Cities and Liberties thereof , the borough of Southwark and County aforesaid , be enjoyned to sell the Coals in their possessions not exceeding the rate and price which shall be so set accordingly , and that the Lord Maior and Iustices of the Peace within the said Cities and Liberties thereof , and borough and county aforesaid , respectively doe take care that this Order be duely observed and put in execution with all possible speed for the advantage and relief of the poor : And whereas this Court in pursuance of the said Order and by virtue thereof have given in charge to the Grand Iury for the City of London to enquire and make presentment according to the said Order : And accordingly the said grand Iury have made and delivered in their presentment to that Court in this behalfe : And now upon serious consideration thereof had in the presence of and with the advice of the Lord chief Iustice Rolle , the Lord chief Baron Wyld , M. Iustice Jermin , and Iustice Aske , and divers other Iustices here present : This Court doth think fit and hereby order that no Cole-Merchant , Wood-monger , Chandler , or other person or persons whatsoever that sel sea-coals either in grosse or by retail within the City of London and the liberties thereof , and the borough of Southwark shall from henceforth sell or utter any Seacoales either in grosse or by retail above the rate and price of twelve pence the bushell , nor above the rate and price in proportion for any greater or lesser measure or quantity of Seacoals untill further or other order shall be duely given in this behalfe , And that for the better observation hereof this Order be openly published . January 12 〈…〉 Sadler . Printed by James Flesher , Printer to the Honourable City of LONDON . Notes, typically marginal, from the original text Notes for div A88483e-30 ●ondon ss. 
A83754	----	An order concerning the price of coales and the disposing thereof, vvithin the City of London, and the suburbs, &c. Die Jovis 8. Junii 1643. England and Wales. Parliament. Committee of the Navy. This text is an enriched version of the TCP digital transcription A83754 of text R211714 in the English Short Title Catalog (Thomason 669.f.7[21]). 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. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A83754 Wing E2633 Thomason 669.f.7[21] ESTC R211714 99870420 99870420 161003 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. A83754) Transcribed from: (Early English Books Online ; image set 161003) Images scanned from microfilm: (Thomason Tracts ; 245:669f7[21]) An order concerning the price of coales and the disposing thereof, vvithin the City of London, and the suburbs, &c. Die Jovis 8. Junii 1643. England and Wales. Parliament. Committee of the Navy. England and Wales. Parliament. House of Commons. 1 sheet ([1] p.) by Richard Cotes, Printed at London : 1643. With an Order from the house of Commons concerning the same. Order from the Committee signed: Giles Greene; order from the Commons signed: H. Elsynge Cler. Parl. D. Com. Reproduction of the original in the British Library. eng Coal trade -- England -- Early works to 1800. Great Britain -- History -- Civil War, 1642-1649. A83754 R211714 (Thomason 669.f.7[21]). civilwar no An order concerning the price of coales, and the disposing thereof, vvithin the City of London, and the suburbs, &c. Die Jovis 8. Junii 1643 England and Wales. Parliament. 1643 629 2 0 0 0 0 0 32 C The rate of 32 defects per 10,000 words puts this text in the C category of texts with between 10 and 35 defects per 10,000 words. 2007-09 TCP Assigned for keying and markup 2007-10 Apex CoVantage Keyed and coded from ProQuest page images 2007-12 Mona Logarbo Sampled and proofread 2007-12 Mona Logarbo Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion An Order concerning the price of Coales , and the disposing thereof , within the City of London , and the Suburbs , &c. Die Jovis 8. Junii . 1643. Committee Navy . WHEREAS by an Ordinance of both Houses of Parliament dated the foureteenth day of January 1642. all persons are prohibited to fetch Coales at Newcastle , Sunderland , and Blyth , upon paine of the forfeiture of their Ships and Coales ; Notwithstanding which Ordinance , some pretending ignorance , others , that in their voyage for Scotland , they were forced in by foule weather ; have presumed to lade Coales at the aforesaid places : The consideration of whose severall cases , The Commons House of Parliament , having referred to the Committee of the Navy , whose want of time to examine the truth of the said Allegations , have in favour to the severall persons offending in this kinde , taken bond of the Masters and Owners of the ships and coales , with condition that they should be responsible to the Parliament , for the true value of their ships and Coales , when they should be thereunto required , and not to sell their coales above the rate appointed by the said Ordinance : Notwithstanding which care of the said Committee , It is informed , That the said Masters and Owners , taking advantage of the times , and coveting excessive gaines , have sold their coales at farre greater prices ; For avoiding which abuse in time to come ; It is ordered , That the Lord Mayor of London for the time being , be desired to appoint Officers of trust , who be commanded to attend on board the ships , and take care that the said severall Masters and Owners , who shall upon bond given to this Committee , and upon their order , have leave to sell off their coales , receive for a Chaldron of the said coales , not above the summe of twenty three shillings . And that the said coales be not sold to any Woodmonger , Chandler , or others who sell the same againe , but unto the poore , and unto House-keepers , and those of the meaner sort , not sparing to any one person above the quantity of one Chaldron ; And it is further ordered , That Mr. Solomon Smith Marshall of the Admiraltie doe not permit any Master or Owner to sell off their said coales , but in the presence of some persons deputed by the Lord Mayor of London , under his Lordships hand in writing , to see the due execution of this Order . Provided , That it shall be lawfull for the Over ▪ seers of the poore of any Parish within the City of London and the Suburbs thereof , to make provisions of coale for the use of the poore of such Parishes against the Winter in some such indifferent proportion as shall be thought fit by the Lord Mayor of the said City for the time being , signified under his hand in writing . Giles Grene . THe same order and rule to be observed in all other parts where New-castle coales are imported , to be sold to the poore by the direction and oversight of the chiefe Officers of the said Ports . This order being this day presented from the Committee of the Navy , to the House of Commons ; It was approved of and assented unto , and ordered to be Printed and sent unto the Lord Mayor . H. Elsynge Cler. Parl. D. Com. Printed at London by Richard Cotes . 1643 ▪ 
A91009	----	To the supream authority of this nation, the Parliament of the Commonwealth of England. The humble petition and appeal of Josiah Prymat of London, leatherseller. Primatt, Josiah. This text is an enriched version of the TCP digital transcription A91009 of text R211418 in the English Short Title Catalog (Thomason 669.f.16[36]). 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. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. EarlyPrint Project Evanston,IL, Notre Dame, IN, St. Louis, MO 2017 A91009 Wing P3457 Thomason 669.f.16[36] ESTC R211418 99870145 99870145 163192 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. A91009) Transcribed from: (Early English Books Online ; image set 163192) Images scanned from microfilm: (Thomason Tracts ; 246:669f16[36]) To the supream authority of this nation, the Parliament of the Commonwealth of England. The humble petition and appeal of Josiah Prymat of London, leatherseller. Primatt, Josiah. 1 sheet ([1] p.) s.n., [London : 1651] Imprint from Wing. Annotation on Thomason copy: "December ye 24th 1651". Reproduction of the original in the British Library. eng Primatt, Josiah -- Early works to 1800. Coal trade -- England -- London -- Early works to 1800. A91009 R211418 (Thomason 669.f.16[36]). civilwar no To the supream authority of this nation, the Parliament of the Commonwealth of England. The humble petition and appeal of Josiah Prymat of L Primatt, Josiah 1651 644 0 0 0 0 0 0 0 A This text has no known defects that were recorded as gap elements at the time of transcription. 2007-07 TCP Assigned for keying and markup 2007-08 Apex CoVantage Keyed and coded from ProQuest page images 2007-09 Elspeth Healey Sampled and proofread 2007-09 Elspeth Healey Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion To the Supream Authority of this Nation , the Parliament of the Commonwealth of ENGLAND . The humble Petition and Appeal of Josiah Prymat of London , Leatherseller Sheweth , THat your Petitioner by his under Tenants , George Lilburn , Esq and George Gray the younger Gentleman both of the County of Durham , being in the years 1647 , 1648. and 1649. in a just and quiet possession of the Collieries , or Seams of Cole in Harraton in the County aforesaid , called the 5 quarter and 9 quarter Cole , ( & having spent near 2000l . to win the same , ) which lay drowned & lost from 1642. to 1647. Sir Arthur Haslerig in September 1649. procuring Col. Francis Wren , one of the Committee of that County , and Col. George Fenwick to joyn with him , made an Order ( against which the rest of the said Committee present protested ) to Sequester the said Collieries , under colour of an untrue suggestion that Sr William Armyn had Sequestred the same in 1644. as belonging to one Thomas Wray , a Papist Delinquent , and thereupon the said Sir Arthur violently dispossessed your Petitioners Tenants , and seised their goods , and Let the said Collieries to Col. Francis Hacker , and several of the Officers of his own Regiment . That your Petitioner hath Petitioned to the Commissioners for Compounding , for relief ; but by the power and influence of the said Sir Arthur , upon most of the said Commissioners , your Petitioner hath been delayed and denied the ordinary course of proceedings in all Courts of Justice ; and at last coming to hearing , the said Sir Arthur appeared every day of the hearing , and took upon him , not only to plead against your Petitioner ( which is humbly conceived to be contrary to Law , he being a Member of the Supream Authority ) but also Authoritatively to prejudge your Petitioners Case , and to direct the said Commissioners what to judge therein , and by his power and influence upon the said Commissioners , he overawed most of them , and after full hearing , judgement being respited from day to day , the said Sir Arthur kept privat correspondence with some of the said Commissioners , about finding some new colour or pretences to detain your Petitioners Possession from him , whereupon he produced new pretended Evidence after full hearing ; and thereupon the major part of the said Commissioners , not daring ( as is humbly conceived ) to oppose the will and pleasure of the said Sir Arthur , have contrary to clear Evidence before them for your Petitioner , refused to relieve him , and have punctually pursued in their Judgement , the directions publickly given by the said Sir Arthur . That the said Commissioners being the onely persons Authorized by the Parliament to hear and determin all Cases about Sequestred Estates ; your Petitioner cannot be relieved from the oppression and Tyranny of the said Sir Arthur , save by the Parliament or their special Order and Directions , and your Petitioner hath been kept from his Possession above two years , and the said Sir Arthur hath declared the said Collieries to be worth at least 5000l . per annum . May it therefore please the Parliament , in respect to the Publick Justice of the Commonwealth , to cause the truth of the Premises to be speedily examined , and to provide for your Petitioners relief from the oppression and tyranny of the said Sir Arthur Haslerig , and for the dispensation of Justice without fear or favour , as to your Wisdoms shall seem most just . And your Petitioner shall pray , &c. Josiah Primatt . 
B02122	----	By the King. A proclamation for taking away any restraint for the future on the price of coals. England and Wales. Sovereign (1660-1685 : Charles II) 1665 Approx. 4 KB of XML-encoded text transcribed from 1 1-bit group-IV TIFF page image. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2009-10 (EEBO-TCP Phase 1). B02122 Wing C3433A ESTC R173788 52612093 ocm 52612093 179374 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. B02122) Transcribed from: (Early English Books Online ; image set 179374) Images scanned from microfilm: (Early English Books, 1641-1700 ; 2786:35) By the King. A proclamation for taking away any restraint for the future on the price of coals. England and Wales. Sovereign (1660-1685 : Charles II) Charles II, King of England, 1630-1685. 1 sheet ([1] p.) Re-printed by Evan Tyler, printer to the King's most excellent Majesty, Edinburgh : 1665. Caption title. Royal arms at head of text; initial letter. Printed in black letter. Dated at end: Given at Our Court at Whitehall the tenth day of May, 1665 in the seventeenth year of Our Reign. Imperfect: stained with slight loss of text. Reproduction of the original in the National Library of Scotland. 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 -- Prices -- Law and legislation -- Great Britain -- Early works to 1800. Broadsides -- Scotland -- 17th century. 2008-07 TCP Assigned for keying and markup 2008-10 SPi Global Keyed and coded from ProQuest page images 2008-12 John Pas Sampled and proofread 2008-12 John Pas Text and markup reviewed and edited 2009-02 pfs Batch review (QC) and XML conversion BY THE KING . A PROCLAMATION , For taking away any restraint for the future on the Price of Coals . CHARLES R. WHereas by a late Act of Parliament , and also by Our Proclamation and several Orders by Vs made in Council to prevent and remedy the want and scarcity of Coals , and the inhauncing the prices thereof , We have manifested Our Princely care an zeal for the publique , and Our tenderness and vigilancy on the behalf of Our Subjects against any Difficulty or Distress likely to befall them , upon that occasion ; In pursuance whereof Our Ministers , especially the Lord Mayor and Aldermen of Our City of London , ( being most nearly concerned in the exigency of that affair ) have in obedience to the Authority of the said Act of Parliament and Our Proclamation and Orders in Council , and according to the antient Vsages of Our said City , acted with great Industry , Vigor and Prudence , in the putting the same in execution , by setting and moderating the Prices of Coals , and providing by good and discreet means for the necessi●s of Our people of the said City ; of which transactions We do highly approve , and shall not be unmindfull 〈◊〉 aforesaid ready comply ●ce in a matter of so good intent and great concernment to Our said Subjects . An● 〈◊〉 having taken into Our Princely consideration all imaginable ways and means for compassing the ●nds aforesaid , did by Our late Proclamation of the six and twentieth of April last , Declare and Command , That no Sailors , Seamen , or other Person or Persons employed or to be employed in or about any Ship or Vessel bringing or carrying Coals from the Town or Port of Newcastle upon Tyne , from Sunderland or other Ports within Our Dominions , or any the Members or Creeks thereof , or places adjacent , to or towards the said City of London , or elsewhere in England or Wales , shall be Prest or otherwise hindred or molested , either coming or returning by any Our Press-Masters or other Officers or Ministers whatsoever . And for the better security of the Persons and Ships bringing and conveying the said Coals , We did further Declare , that sufficient Convoys should be from time to time provided for their safe passage and conduct to and from the parts and places aforesaid , which We do confirm and give full assurance of . And Our further Will and Pleasure is , and We do by this Our Royal Proclamation declare , That it shall be lawful for any person or persons of what condition soever , to set forth any Ship or Ships , or other Vessels for bringing or importing of Coals from Newcastle or any other the Northern Ports , unto the City of London or elsewhere : And all those which shall import any Coals into the River , from and after the Date of this Our Proclamation , shall have full liberty freely to sell and dispose the same to their best benefit and advantage , Any thing to the contrary notwithstanding . But Our intent and meaning is , that such Ships which are at present in the River , and those who have hitherto refused submission to the Order made by the Lord Mayor in respect of the price , shall not receive benefit by such obstinacy , but shall be compelled to sell their Coals at the price appointed , to which the rest have submitted . And all Our Officers , Ministers , and Subjects whatsoever both by Sea and Land , are required to take notice of this Our Royal Pleasure and Command , and give due obedience thereunto at their perils . Given at Our Court at Whitehall the tenth day of May , 1665. in the Seventeenth year of Our Reign . GOD SAVE THE KING . EDINBURGH , Re-printed by Evan Tyler , Printer to the King 's most Excellent Majesty , 1665. 
A48466	----	Something in answer to Thomas Curtis and B.C.'s reasons why the meeting-house doors were shut up at Reading Lamboll, William. 1686 Approx. 32 KB of XML-encoded text transcribed from 8 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2008-09 (EEBO-TCP Phase 1). A48466 Wing L214 ESTC R3410 12891989 ocm 12891989 95119 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. A48466) Transcribed from: (Early English Books Online ; image set 95119) Images scanned from microfilm: (Early English books, 1641-1700 ; 718:22) Something in answer to Thomas Curtis and B.C.'s reasons why the meeting-house doors were shut up at Reading Lamboll, William. Buy, John. Potter, James, fl. 1686. 15 p. s.n., [London? : 1686] Caption title. Signed at end: William Lamboll, John Buy, and the rest concerned. Letter to Benjamin Cole (p. 9-15) signed: James Potter. Reproduction of original in Huntington 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 Curtis, Thomas, 17th cent. Coale, Benjamin. Society of Friends -- England -- Reading. 2006-04 TCP Assigned for keying and markup 2006-05 Apex CoVantage Keyed and coded from ProQuest page images 2007-05 Ali Jakobson Sampled and proofread 2007-05 Ali Jakobson Text and markup reviewed and edited 2008-02 pfs Batch review (QC) and XML conversion Something in Answer to Thomas Curtis and B. C ' s Reasons why the Meeting-House Doors were shut up at Reading . Friendly Reader , FInding of late ● Printed Paper spread abroad , in City and Country , with the Name of Thomas Curtis to the first part of it , and B. C. to the latter ; wherein one of them pretends to give an account of the grounds upon which he intended to shut up the Publick Meeting-House Door , of the People called Quakers in Reading , and the other endeavours by certain Reasons to justifie and defend the doing thereof ; We held our selves engaged in Christian duty to give an Answer thereto , for the Clearing of the Truth we profess , Vindicating our selves in the profession thereof , and Undeceiving all such as through the false Insinuations in the said Paper either already are , or may be in danger to be deceived thereby . The Paper says , It is publickly known in this Town ( Reading ) that a Difference is amongst the People call'd Quakers , as very frequently at our publick Meeting-House doth appear , to the dishonour of Almighty God , stumbling of the Weak , and grief of many tender hearted , that W. L. I. B. &c. do from time to time stir up Strife , by endeavouring the defamation of their ancient Friends , rendering them to be departed from their first Principles , &c. To which we answer in Truth and Plainness , that what T. 〈◊〉 here charge upon us is indeed that which they themselves are guilty of , for it is too well known , that many Scandalous and Reproachful Books and Papers , have of late Years been Written , and Published in Print to the World by some of their party ( as namely W. Rogers , F. Bugg , Tho. Crisp , S. Aldridge ) greatly tending to the defamation of our ancient Friends in Truth , and rendering them to be departed from men first Principles , &c. This is too plain to be denyed , their Books and Papers being in Print , to be seen , and T. C. and others of party with him , being in too great measure gone into , & joyned with the same evil spirit of defamation , as those opposers of Friends and Truth are in , have received , owned , dispersed or spread aborad those Books and Papers or some of them , of which we have often with grief complained to them , before we appeared in that Testimony against them , of keeping on our Hats ( which so much disturbs them ) but could obtain no satisfaction from them , although we plainly declared unto them , that if they continued in that spirit of Division , and to own and spread those ungodly scandalous Books , we should be necessiated to disown their Testimonies in our Meetings ; so that indeed and in truth it is they that have endeavoured to defame the ancient Friends of Truth ( and that publickly in Print ) rendering them to be departed from their first Principles ; it is they that in thus doing have stirred up Strife to the dishonour of Almighty-God , stumbling of the Weak , and grief of many tender hearted , and this before we appeared in that Testimony of keeping on our Hats at their Prayers , whereby we think it evidently appears that it is they that have caused the Divisions and Offences contrary to the Doctrine which we have learned ; and since the Apostle plainly says ( as in their Paper is recited ) They that are such , serve not our Lord Jesus Christ , &c. We think it concerns them well to consider what ground they now have to claim a right to a part of the Ministry of Christ Jesus our Lord , since none that do not serve our Lord Jesus Christ can have a right to a part of his Ministry . And whereas their Paper intimates , As if we had denyed that it is fit they should acknowledge to Almighty God in the Congregations of his people those Mercies and Blessings that he is gratiously pleased from time to time to bestow on them , &c. We answer that in the wording of this Passage they have rather used Art to beguile the Reader , then Plainness to set forth the true state of the matter , for as they have expressed it , some may be misled to think that we are against acknowledging to Almighty God in the Congregations of his people the Mercies and Blessings by him bestowed , and supplicating at the Throne of his Grace for a future supply ; whereas indeed we believe , and hold that every one that is right sensible of the Mercies and Benefits received from God , and of his own Inabillity , ought in that sence , and in the moving of the holy Spirit , to make such acknowledgments and supplications ; yet we planly declare we hold it not fit for any who are gone out from the Unity and Communion of Gods people , and have publickly defamed and disowned them as Apostates and Innovators ( which those have done the faithful Friends of Truth ) to take upon them to make any such Acknowledgments , or put up any such Supplications in the Congregations of Gods people , as the mouth , or in the name and behalf of those Congregations which such are gone out of the unity of ; & when any such do take upon them so to do , we do not believe there is any obligation upon those Congregations of Gods people , or any Members thereof , to joyn in outward appearance with such who in Spirit are departed from the fellowship of the Gospel of Christ Jesus , but rather that such an outward complyance with that which in Spirit they have not unity with ( but the contrary ) would be but an effect of Hypocrisie and Deceit , for T. C. said to I. B. ( before the Meeting-House door was shut up ) That the Difference between them and us ( meaning Friends ) was not only in outward things , but it was now in the heart and spirit . Having thus endeavoured to clear some passages wherein we and our Friends have been mis-represented , we now proceed to the rest of the Paper , and first we take notice that the reason given for the publishing their Paper is , That a Copy of it was read publickly in the Meeting , and there tendered to some of them that were concerned , but they would not take it . To which we answer , that this is also unfairly represented ; for tho it be true , that the Copy of that Paper ( or some such ) was read , and tendered in the Meeting , and not then received , not thinking fit at that time to meddle with it , our Spirits being then engaged in the worship and service of God , which B. C. in the second reason of their Paper says , Ought to be performed with great Seriousness and Reverence ; yet since some of us concerned did within the time in their said Paper per●ix'd go to them to ask for the said Copy , but were denyed to have it , and one of them put off with Flouts , we think the not taking it at that instant , when it was tendered ( to divert us from the great Seriousness and Reverence which the Worship and Service of God ( Friends were then engaged in ) ought to be performed with ) can by no meanes be admitted for a plain and just ground of putting it and us in Print . And whereas T. C. pretends in his Paper to a Power and Authority of shutting up our Meeting-House door , and keeping us out there , upon the score of his being the chief Proprietor , as he is pleased to call himself , and B. C. also calls him ; we answer we know not upon what just ground 〈◊〉 or any other of the Proprietors , should claim a superiority , or chiefship of propriety in the Meeting-House , which was Built by common consent and agreement ( tho B. C. in his fourth reason saith , without distinction , T C. Built it ) and at the common charg of the Friends of Reading , and other places , with what came out of the publick Stock and Rents , for if in common and publick Works and Services joyntly undertaken & performed by any Christian Society or People for their common and publick Christian use , & so declared and settled by and amongst them , the greatest Contributor should afterwards challenge to himself a power and right of disposing the whole ; this were indeed a ready way to introduce a Gentile like Lordship and Usurpation over one another , but would be altogether unlike the Disciples and Followers of Jesus ; but if T. C. did repute himself the chief Proprietor upon the account of his being the largest Contributor , yet since he well knows , that after the Meeting-House was Built and Finished , he did ( because the Lease of the Ground whereon it was Built was taken in his Name ) pass over and legally convey his particular and personal Right and Property therein to certain Friends in Trust , then agreed on by the whole , to receive and keep the same for the whole , he might both in Reason and Modesty have foreborn now to stile himself the cheif Proprietor , and much more from taking upon him as such , to shut up the Meeting-House door , and keep others of the Proprietors out , his telling the Justices that he was chief Proprietor doth not make him so , no more then it did regain the House from the Souldiers that had entered into it ; and if it had never been regained , the loss had been occasioned by him , and his adherence , inasmuch as that Meeting for which the House was seized on , was set up by them , without and against the Consent and Unity of Friends . And whereas He bids the Impartial Reader judge whether in Reason and Equity he ought to look upon himself engaged to hazard his Estate to pay Fines for a Meeting-House , for such as publickly do disown him and his Friends . We say , that although some of us have been fined because of the Preaching of some of them who disowned us , yet we never desired T. C. or any other particular of them should hazard their Estates on our accounts ; if T. C. exposed himself or Estate to any hazard in that respect , it was his own doing , neither desired consented to , nor approved of by us , yet we offered to secure him from any danger that should come upon him , if he left the Meeting-House to us . To his offer of reimbursing any that were dissatisfied because of their having disburst some Mony on the Premises , &c. We say we had not freedom to receive the Money again which we had freely giving and devoted to that Service , knowing that we had given it with an upright and conscientious regard to God , neither were we willing to consent to , or help forward the Seperation , which we saw was designed and intended thereby , yet because we sawsome of them uneasie , and to take off from them all occasions of Complaint , that they might see we desired not to enjoy what they had any Share or Interest in against their minds without making allowance to them ; therefore we did offer to make them reasonable Satisfaction for what Money they had laid down upon the Premises , & we saw not , nor yet see any just ground they have to expect that we should be more obliged to part with our Intrest then they with theirs ; therefore in truth of Heart and plainness of Speech we do sincerely declare , that we do believe Tho. Curtis hath no right nor just power in Equity , or in Law to do as he hath done , in shutting up the Meeting-House Doors , and keeping out those that both in Law and Equity have a right thereto : That the Propositions he mentions in his Paper are Arbitrary and Penal , Arbitrary because they depend only upon his and other mens Wills and Humours without Right and Reason ; for what Right or Reason can he pretend for tying us to give him our Answer to this Paper of his by next 6th . day at farthest , after he had caused it to be Read amongst us on the first day before , or to bind us to claim our Money in one Months time : And that it is Penal appears in this , that in case his Proposals were not complyed with , he declared in his Paper he did intend to fasten up the Doors , as he did accordingly , for on the 7th . day following the 6th . day B. C. came to W. L. and J. B. and told them That if they had any thing to offer for Reconciliation they might come , but W. L. came not , so the Doors that Evening were fastened up ; says B. C. in his 9th . Reason , but in this as in other parts he writes unfairly , stating it as if the reason of their shutting up the Doors that evening was because W. L. came not , &c. whereas W. L. being hindred by necessary occasions desired J. B. to go , who accordingly did go , and offered such terms both in his own and W. L. Name as they in Truth judged most expedient for a right Reconciliation . And that the Reader may see how ready we have been to comply with any reasonable and just Proposals for a right Reconciliation , ( however we have been misrepresented in that respect ) we will here for brevity give one particular Instance , and leave it to the Impartial Readers Judgment ; In the first Month 1685 , 86. J. O. a Friend of London ( an ancient Acquaintance both of theirs and ours ) came to this Town , and desired , and had a Meeting with T. C. and some others of those that shut us out of the Meeting-House , and some of us that were shut out , where he signified to both them and us , that the Friends London having heard that they had shut up the Meeting-House doors , whereby Truth might suffer , and Friends were kept out , and exposed to the Cold and Rain , and were very much concerned about it , and had desired him to enquire the Reasons of it ; and when the Reasons they gave ( being mostly such as B. C. hath now Published ) were not Satisfactory to J. O. he proposed several ways to them and us joyntly to refer the matter to some Friends to be Indifferently chosen on both Parties , to deside the matter between us , which we willingly agreed to , but they refused . By which the honest Reader may judge how little sincerity there is in all their talk of terms of Reconcilement , Accommodation , &c. who had set up their own wills for a Law , and would admit no Judges but themselves in their own Cause . As for B. C's Reasons , although being much of the same nature with T. C's part of the Paper , they either deserve no Answer , or no other then what is already giving to that , yet to take from him all pretence of Boasting that he is not particularly Answered , we shall here annex the Answer that was some time ago sent him by another Friend in writing , while they were only in writing , which notwithstanding the Alterations R. C. hath since , made in some of his Reasons , will yet , we do not doubt appear , to be a sufficient Answer to them . Reading the 4th . of the 4th Month 1686. William Lamboll , John B●y , and the rest concerned . This to go in persuance of the Paper it is an Answer to . Postscript to the Reader . THese things are not pleasant to us , but rather a grief that we have cause on this wise to appear in Publick upon such a Subject , especially , against them who were once our Friends and Familiers , that we must cry out against them as Job did against his Friends ( who oft spoke good words , as these may do ) yet said he , Behold , I cry out of Wrong , but I am not heard , I cry aloud , but there is no Judgment : So that notwithstanding their good words , their Ear was shut to the cry of the Wronged , & though he cryed aloud , there was no Judgment ; & now may not we well thus complain , who are kept out of our Right ( which we have called for ) and our Bodies exposed to the Weather , to the great hazard of our Healths , and endangering of our Lives , yet our cry of wrong cannot be heard , and tho we cry aloud there is no Judgment . Oh that it should be thus with any professing the equal Truth to do ( in some measure ) too like Ahab , who did not not cover , and presently take , but proffered first a better Vinyard ther it , or would have given Naboth the worth of it in Money ; but when this would not do , the Woman Jezabel contrives or lays a Plot against Naboth , through whose crafty Means & subtil . Contrivances , Innocent & Conscientions Naboth , who scrupled to sell the Inheritance of his Father , was deprived of his Life and Vinyard too , and as we are now deprived of our Property , so may we be of our Lives , by reason of the hardships we are exposed too , if the Lord by his power and goodness doth not preserve us , who have been Conscientiously concerned not to let go our Right , and give way to that which is Wrong , as Naboth was . And what shall we say to such , but as Paul to the Corinthians , see 1 Cor. 6. 5. Is there not a wise man among you , no not one , that you may be able to Judge , that you refuse a Reference ; if so , then follow Paul's Advice , ( if ye account your selves of Christs Church ) and set them that are least esteemed in the Church to Judge ; for said Paul , There is utterly a fault among you , for you Wrong and Defraud , and that your Brethren . So that it appears there were some such that were Cloaked under the name of Christians , and yet did Wrong and Defraud even their Brethren : Therefore , let none think it strange , if some now under the name of Quaker , yea such as account themselves THE CHRISTIAN QUAKER , are found in that which is wrong ; neither let any think it strange if there be some from among us that are unrulely , for there were such among the Primitive Believers , whom the Apostle exhorted the Christians to warn , see 1 Thess . 5. 14. yea , there was also a falling away , see , 2 Thess . 2. And the Apostle saith , 1 Cor. 11. 18 , 19. I hear , there be Divisions among you , and I partly believe it , for there must be Heresies among you , and the Reason he gives is , That they which are Approved may be made manifest among you . So to that divine Light that lighteth every man , are we willing to bring our Deeds , knowing that what is reproved is made maniest by the Light , in which our Desires are , that all may have their minds exercised , that so they may have a true Discerning , and right Judgment in these and all things , and may not be stumbled at what of this kind hath or may happen , but may live and walk in that Light where no occasion of stumbling is . For had those of whom we complain , walked in this Light , they had kept in the Unity of the Spirit of Truth , and in the Fellowship of the Gospel of Peace , and Saints in Light , and had not given offence to Jew , or Gentile , or the Church of Christ . Benjamin Cole , I Have received thy Paper given ( as thou sayest ) as Reasons why the Meeting House Doors were shut up ; which for my part I look upon as no good or sufficient Reasons at all , neither can any good or sufficient reason be giving for us ( or indeed for a any people ) to take away or detain one anothers Rights from them , or to do one another any Wrong or Injury , which is wholly out of the way , and inconsistant with the Truth which leads to overcome Evil with Good , and such who walk in the path of it , their Weapons are not Carnal , but Spiritual , and can do no violence to any mans Person , State or Interest , neither forcibly or unjustly detain either of them , which are the effects of the Carnal , and not the Spiritual . And now as to thy first pretended Reason , whereas thou sayest , you could not enjoy peaceable Society , &c. I say , your rising up against your Brethren , and justifying and spreading the Scurrillous , Clamorous , False , Scoffing , Unsavory and Pernitious Books , of William Rogers , Thomas Crisp and Francis Bugg , who joyned together , and published their Books to the World , endeavouring to stir up Persecution , and to set Professors and Profane , as far as they could , atop of us , to tread us down ( which might be , together with some things within your selves of like nature ) could not but break the Society or Fellowship betwixt you and them . And so I know they have born against you in their Testimonies , and so have you against them , which if this be the Opposition , they may likewise say , that Tho. Curtis & you did oppose them ; Though I am satisfied , that if they had been in the possession of it ( as it should seem you were ) they would have abhorred to have shut you out of the House , though I see not but that they might as justly and as honestly have done it , as what you have done , their right being as real and as just as yours , though its probable not so much . II. That the Worship of God is to performed with Seriousness , &c. is not denyed , but if you could charge any of them with being light , and not serious , and out of love in their service , such after due admonition are to be left to the Lord to deal with ; and not to take away or keep them out of their rights , that is not the way to make them Serious , or to bring them into Love , but rather to harden them ; and indeed it s too manifest that you are but talkers of Love and Charity , which beareth all things , and thinketh no Evil , that are so full of Jealousies and evil surmisings against so many ancient , serviceable and honest Friends ; and do not all those clamorous scandalous Books , spread about the Country by you , tend to bring Friends into Confusion , and set them one against another ; and now keeping your Brethren out of their Propriety ; these are the effects of Strife and Envy on your parts , and answers that Scripture which thou hast made use of , Where Envying and Stife is , there is Confusion and every evil Work. III. Though where Contention is , and a Meeting divided , cannot be profitable , &c. I say such who hold the Truth in the love of it , will bear and suffer till the Lord make the decision , which your contrary unfruitful work of fastening up the Meeting-House Doors against your Brethren sufficiently shewes ( to any that are in any true measure of it ) that you are too far out of it . IV. I doubt not-but when the House was built Tho. Curtis and they were in one mind , and unanimous in building of it , and to good ends , for the Service of God to be performed in , and not for Strife , which I could wish your were clear of your selves , though you would altogether charge it on them , though the effects manifest too much the contrary , and though the end hath been too often perverted for which it was built , and therefore thou sayest , it s not reasonable it should be continued , Then it should be with consent of both Parties ; seeing both are concerned in it ; but if it be therefore reasonable for one Party to take it away from the other , then such who are the perverters of it may take it away from the most innocent , and most likely so to do ; for be sure , such as keep in the innocent Truth cannot do any such thing , its nature being to lead otherwise , into Patience , Quietness and Contentedness of Mind , committing their Cause to him that judgeth righteously . And as for Tho. Curtis his standing engaged for the House , it s no ground at all for him or you to take it away , or keep your Brethren out of that wherein they have a right , he might have let it alone when it was forth of his hands ; and since , I doubt not , but upon reasonable terms he may be clear of that danger , if there be any . V. The endeavouring to have innocent Women keep their Meeting in so sitting a place for them to do and perform those things that God hath concerned them in , is no reason , nor part of any reason for you to take it away , I think no understanding man can judge so ; and for Friends keeping on their Hats when you have Prayed , when they have no Unity with you , nor you with them , is like the other ; and it had been better , and more fairer-dealing for you to have kept yours on , when they Prayed ( and so have signified to your Brethren that you had no Unity with them ) then to put them off , and afterwards call them Image-makers , setters up of Idols and Roods publishing them Apostates , Popishly Principled , and such like , to the World. VI. As for your endeavouring for Peace ; I have heard them say as much , and that they have had cross and abusive Language from you , and in this case the Lord who knows both your hearts , is to make the decision as aforesaid , and such who are of him , can trust him till that time . VII . When no accommodation nor reasonable satisfaction can be had , and persons will not agree , except others will submit to their wills , or give them the House , &c. Your taking of it away shews you to be too much in your wills . And I do not believe that they did seek or desire that you should give them the House , for theyhave offered to give you your Money that you laid out for it , as far as reasonable , which also shews that they have not in that refused to make a bargain with you ; though in something , or things of another nature , they might refuse to bargain with you , and if you think it reasonable that they should take their Money , or otherwise you may keep it wholy from them , then is it not as reasonable that you should take your Money from them , and most reasonable , for they were contented it should have been continued as it was , and you were the disatisfied Persons ; and seeing you call your selves the Christian Quakers , and us Apostates , how do you herein answer the Doctrine of Christ ? who saith , Whatsoever you would that men should do unto you , do ye the same unto them , for this is the Law and the Prophets , which if you are short of , besure you are short of him ; and so I think understanding men will not judge , that because you are pleased to leave off to meet in the House , that therefore you should keep them out , nor yet because you are the greatest Proprietors , that therefore you may justly take away the lessers Right , and so you have great reason to fear you should be counted Persecutors , whatever thou sayest . And how it can be said that any have no right in it , that it was given and setled upon by Act and Deed for a publick House to meet in ? for my part I cannot see , nor yet for any after such gift and settlement , how they can justly take it away or detain it from them . VIII . That they have another Meeting-Place , or Place to Meet in , &c. I know no other , but what they have by permission from the Owner . But if they had an other publick Meeting-House wherein several of them were concerned as Proprietors that's no reason for you to take away their right in that , and that they meet on purpose to oppose and disquiet you , I do not in the least believe , nor that their practice did at all manifest it ; being fully satisfied that they are not persons of such unruly Spirits , but if they were such as thou art pleased to render them , as some such have been amongst us , as Temperance Taylor in your Town , and many at London , and other parts , yet it was never Friends way , who abode in the Truth , to deal in that nature , or after that manner with them ; but to stand over them , and judge them down in Gods Authority , and also patiently to bear and suffer when the Lord should please to exercise them under their Spirits , who hath pleaded with many of them , and will in his time with all others that are of their Spirit : And if any through these things , that are fallen out among you , are gone back to the Steeple House , that is not the way to bring them back again ( or at least to the Truth ) for you to do such unreasonable things , as aforesaid , which are so contrary to the Truth . IX . By thy last it seems , That the Doors were shut up by consent , and concluded on by several of you . Then it was not wholly T. Curtis his act , though I cannot see but it must needs be contrary to his Act and Deed to the Trustees , of which I know not how you will clear him of the breach of that Covenant , who as I am informed made it over by a Deed of Uses to four Friends , for a publick Meeting-House , for the People called Quakers at Reading , and there abouts , and though three of them did unworthily relinquish their Trust , yet William Lambole , who was one of them refused so to do : So what was done in relation to that must needs stand effectual to him , and what you have done in taking it away , must needs be contrary to that Engagement , several of them , with himself , being by you shut out of Doors , and cannot have the benefit to keep their Meeting in it accordingly , and for which end several of them gave considerable sums of Mony ; sure such dealings would have been abhorred by you many years since the beginning , which you are very forward to talk of , but too far degenerated from . And now Benjamin , one of my ancient Acquaintance in that place , what shall I say unto thee , or what could I not do if the ancient Love and Society among you in that place may be again revived ? surely it cannot be as things stands , and therefore I could wish that a deep and narrow search may pass through every heart that is concerned among you . And now as things stands you have outwardly separated your selves from your Brethren ( indeed an inward Separation was before ) and you have left the Meeting-House , and keep them out also ; I desire thee , and all of you to be like men , and let true reason have place in you , and let them in again , wherein they have a right and propriety , and let not breach of Covenant rest upon your ancient friend Tho. Curtis , nor injustice nor wrong doing upon any of you . Or if you would not be counted Persecutors , nor examples to Persecutors , I say let them meet in the House again , and not keep them forth any longer ; for though you are the greatest Proprietors , yet they have a considerable share in it , sufficient to answer the use of the Meeting-Room twice or three times a Week , and you also may meet or forbear as you please ; & for that which thou livest in , and the rest of the Buildings belonging to it , you may do as in reason shall be seen meet . And sure what I here offer is according to that true and right reason that God hath endued me with , and I doubt not but will answer Gods witness in all unbyassed Friends , and innocent wel-wishing People , and I can truly say is in love to thee , and all of you . And is from your wel-wishing Friend . James Potter . Page 3. Line 25. for go to them , read , go to some of them . Page 7. line 14. dele not . page 7. l. 32. for defraud , r. defrauded . p. 8. l. 11. for mauiest , r. manifest . THE END . 
A34949	----	To the Right Honourable and Honourable the Lords Commissioners of His Majesties treasury Sir William Creagh ... Creagh, William, Sir. 1687 Approx. 50 KB of XML-encoded text transcribed from 17 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2007-10 (EEBO-TCP Phase 1). A34949 Wing C6866 ESTC R7705 12144928 ocm 12144928 54922 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. A34949) Transcribed from: (Early English Books Online ; image set 54922) Images scanned from microfilm: (Early English books, 1641-1700 ; 23:25) To the Right Honourable and Honourable the Lords Commissioners of His Majesties treasury Sir William Creagh ... Creagh, William, Sir. 22 p. s.n., [S.l. : 1684] Caption title. Date of publication from Wing. Folded leaf inserted between p. 8 and 9 titled: The French certificate. Folded leaf inserted between p. 20 and 21 titled: The Scotch certificate. Reproduction of original in Columbia University Library. Collection of documents sent by Creagh, along with his cover letter dated 1687, to the Lords of the Treasury. They deal with the diversion of the foreign trade in coal from Newcastle to Scotland owing to higher export duty in England. 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 -- Great Britain. 2006-08 TCP Assigned for keying and markup 2006-08 Apex CoVantage Keyed and coded from ProQuest page images 2006-10 Celeste Ng Sampled and proofread 2006-10 Celeste Ng Text and markup reviewed and edited 2007-02 pfs Batch review (QC) and XML conversion TO THE Right Honourable and Honourable THE Lords Commissioners OF HIS Majesties Treasury . Sir WILLIAM CREAGH of Newcastle upon Tine , Most humbly sheweth , THAT taking notice of the great inequality of the Customs in England and Scotland , on COALS transported beyond the Seas , by which His Majesties Revenue ( as to that Branch ) is much impaired , the English Navigation in a great measure discouraged , and that antient Corporation of Newcastle in danger of being ruin'd : He thought it his Duty , to let slip no opportunity whereby he might be instrumental to stop the current of so great Evils . And though the fatigue of a long troublesom Journey from Newcastle hither , might be a bar to his said undertaking , yet he valu'd his Duty to the King and the Publick , above all , and came from Newcastle to London , now the third time upon the same Errand . The first time was in October , 1684. and in November following , he presented the Commissioners of His Majesties Customs , with a State of the Forreign Coal-Trade , herewith following the Letter — A Together with the ensuing Authentick Certificate from France , following the Letter — B Both which being debated before the said Commissioners , were afterwards sent up to the then Lords of the Treasury , and made known to his late Majesty of Blessed Memory , who , together with the said Lords and Commissioners , seem'd inclinable to grant the Abatement set forth in the said State , till one Mr. George Robinson , one of the Sub-Farmers of the 4s . per Chalder , under my Lord Townsend , obstructed the same , by disswading his Partners from consenting thereto , and for his so doing , he gave the Commissioners a Paper of groundless Reasons , herewith following the Letter — C Which are fully refuted by the said Creagh's Answer thereto , following the Letter — D However , since the said Sub-Farmers would not bear their share of the Abatement , the said Lords of the Treasury and Commissioners thought it not reasonable the King should bear the whole , and they reap half the Benefit : And thus the Business fell till February , 1685 / 6. That the said Creagh seeing those Evils like to encrease , and having an opportunity by Proposals made to him from France ( upon encouragement ) to improve that Branch of His Majesties Revenue very considerably , he came the second time to London , and presented His present Majesty with a second State of that Affair , a Copy whereof is here annexed , and follows the Letter — E And of which another Copy was likewise delivered to my Lord Rochester , then Lord Treasurer , and the said Creagh being call'd out of Town before any Reference could be had upon it , he left a Friend to sollicit the matter ; and though it was sent to the Commissioners after he was gone , yet his Friend could get no other Answer to it , than a Copy of the said Robinson's groundless Reasons . This put him the said Creagh upon procuring stronger Proofs for what he asserted , and after the Expence of Time and Money , he at last got an Authentick Certificate from Scotland , a Copy whereof follows the Letter — F Which he hopes will be sufficient to shew what Prejudice the said Robinson's and Partners Obstinacy has done the King , the Navigation , and the Town of Newcastle , which I doubt so small an Abatement will not now prevent , after the Trade is almost setled in Scotland , as it would do in the beginning , when there was not much of that : Insomuch that raising the Custom in Scotland to some equality with the Custom in England , would prove more effectual ; and this is conceived may be done by the King and Lords Commissioners of the Exchequer in Scotland , as appears by the Preamble to the Scotch Book of Rates , whereof a Copy is also herewith following the Letter — G Especially in a Matter that occasions so National a Prejudice : But till that be done , some Course is requisite to be taken to prevent the aforesaid apparent Evils . And as an addition to the Ruine of that ancient and considerable Corporation of Newcastle upon Tine , there is one of its own Members ( called Sunderland ) that contributes thereto in a high degree , and that in the Custom saved in the difference of measure , by which His Majesty loses 30 per cent . of His Customs , which the said Creagh is ready to make out , of his own certain knowledg , having loaded Ships there , and found that every 7 Chalders in Sunderland , made out 10 Newcastle Chalders , and paid the Kings Custom but for 7 Chalders , and as a further demonstration , they sell their Sunderland Chalder of Coals most commonly for 14 s. and 14 s. 6 d. per Chalder , when Newcastle cannot sell for above 8 or 9 s. per Chalder , though as good or better Coals ; so that the Measure is apparent to be the cause , by which a great share of that little foreign Coal Trade in England ( which otherwise would come to Newcastle ) comes to that Port , which is like wise a great Prejudice to the Navigation , by reason none but small Vessels come there , whereas in Newcastle , Ships of any Burthen may fitted . There is one thing more burthensom to Newcastle in reference to its Members , whereof no mention would be made , if the said Members were not like to destroy the Head , and that is the 12 d. per Chalder , which comes to a considerable yearly Sum , which is not in the least grudged , provided the said Members paid the like , and not have 30 per cent . abated in the Custom more than the head . May it please your Lordships , Mr. Anthony Isaacson , Collector of the Customs in Newcastle , and one who hath had above Twenty Years experience in that Port , is now in London ( who may if your Lordships please ) be interrogated as to the Premises ; to whose testimony , and your Lordships consideration , is referred what is here set forth by May it please your Lordships , Your Lordships most Humble , most Obedient , and most Faithful Servant , W. CREAGH . LONDON , April the 1687. A THE PRESENT STATE OF THE Forreign Coal-Trade , Humbly offerred to the consideration of His Majesties Commissioners of the Customs , BY WILLIAM CREAGH , Of Newcastle upon Tine , Merchant . THE said William Creagh saith , That a Company of French Merchants of the City of Rouen in the Kingdom of France , about Three Months ago , writ him , that they made a Contract with the French Farmers , to import great Quantities of Coals into the River of Rouen by English Shipping , and thereupon gave the said Creagh orders to Freight ( with all possible speed ) as many English Ships as could take in 800 Chalders of Coals , declaring , that the next Spring and Summer they would import as many Coals to the said River of Rouen , and continue yearly so to do , as would supply the whole Kingdom of France ; whereupon , and in pursuance of the said Order , the said Creagh freighted Nine Ships of considerable Burthen , and loaded them off ; but before he could compleat Shipping the said Number of 800 Chalders of Coals , he receives a Letter from the said Company , acquainting him , that the Truce being then as good as ratified betwixt France and Spain , their French Ships which formerly used to come for Coals to Newcastle , were then all going for Scotland , by reason of the great Discouragement they met with at Newcastle by the high Duties and Tonage there , which on French Ships is 30 s. sterling per Chalder , on Dutch Ships 20s . per Chalder , and on English Ships 8s . per Chalder , that they could do no good thereby ; whereas in Scotland , no foreign Ship pays more than 10 s. Scotch Money ( which is but 10d . sterling ) for their great Scotch Chalders that makes about Five Newcastle Chalders ; so that by that computation , they pay but at the rate of 2d . sterling per Chalder Newcastle Measure : And besides a Ship of 200 Tons may clear there for 40 or 50 Tons ; so that the Scotch Duty upon Coals duly considered as it is now collected , is next to nothing . This encouragement in Scotland being so great , most of the French Ships went thither , and some of them being lately returned to the said River of Rouen , they brought with them a new sort of Scotch Coal , which gave as good a Price in Rouen Market as Newcastle Coals , though heretofore , Newcastle Coals used to give 10 French Crowns in every 100 Barrels of Coals Rouen Measure ( which is computed to be about 6 Newcastle Chalders ) more than the Scotch Coals : But now the one giving as good a Price as the other , if some speedy care be not taken , His Majesties Revenue in the said Port of Newcastle will be mightily impaired , and the English Navigation in a great measure discourag'd : All which is most humbly referred to the consideration of the said Commissioners , that they may find out some speedy Remedy to prevent all the foregoing Evils . And that the said Creagh may not be wanting with his weak endeavours , he humbly conceives , that ballancing the Scotch Coal-Trade with the English , would do the work ; that is to say , to raise the Duty of the Scotch Coals in some measure equal to the English . But since that must be ( if at all ) a work of much time , and likely to meet with great opposition , he the said Creagh thinks that an Abatement of 5 Chalders in every Score , or an allowance of 25 per cent . ( joynt with the difficulty of the Scotch Navigation ) may in the mean time keep the said French Project ( which otherwise will fall off ) on foot , to the encrease of His Majesties Revenue by the said Over-Sea Coal-Trade , in the said Port of Newcastle , and Members thereof , and great encouragement of the English Navigation . All which is most humbly submitted to the determination of the said Commissioners , by their most Faithful and most humble Servant LONDON , Novemb. 3. 1684. W. CREAGH . B THE French CERTIFICATE . PARDEVANT les Notaires Gardenotes Royeaux à Rouen soubsignéz , se sont comparus & presentez les Sieurs Pierre Locquet Prieur & Juge Consul , anné presente , Jean le Boucher second Juge Consul , & Robert Nouflard Syndic des Sieurs Juges Consuls des Merchands à Rouen ; les Sieurs Eustache le Canu & Compagnie , Jacques Delamare , Thomas Fulgent , Loüis Bouffier , Jean le Testu , & Anthoine Mallet , Tous anciens Juges , Consuls & Marchands , en cette Ville y demeurans lesquels apres qui leur a esté representé un Estat des Charbons de Terre venus , d'Escosse entrez par le Burreau de Rouen , depuis le premier d' Octobre 1683. Jusques & Compris le dixhuictiéme Decembre 1684. Certifie veritable par Monsieur Nozereau Directeur General des cinq Grosses Fermes de France le . 2. Janvier an present 1685. Duquel Estat la Teneur s'ensuit . Estat des Charbons de Terre venus d'Escosse entrez par le Burreau de Rouen depuis le premier d'Octobre 1683. Jusques & Compris le 18. Decembre 1684.       Barils . Du 8. Octobre 1683. Au Vaisseau de Jean Gardinier . Francois Venue de Celse . A Alexandre Hamilton un Grenier contenant — 647. Charbon de Terre . Ditto an Vaisseau de Guilleaume Barjolle . Francois venant d'Escosse . A Estienne Ernault un Grenier contenant — 580. Charbon de Terre . Du 22. ditto an Vaisseau de Guilleaume Falloüart . Venant de Honfleur ayant allegé le Navire de Pierre Huet Francois . Venant d'Escosse . A Louis Hays un Grenier contenant — 441½ . Charbon de Terre . Du 26. ditto , an Vaisseau de Pierre Huet Francois venant de Limequel en Escosse . Audit Sieur Hays un Grenier contenant — 547. Charbon de Terre . Ditto an Vaisseau de Gills le Hot. Francois venant de Limequel en Escosse . A Alexandre Hamilton un Grenier contenant — 950. Charbon de Terre . Du 3. Juin 1684. au Navire de Robert Scales . Escossois venant de Litz en Escosse . A Thomas Cholwich un petit Grenier contenant — 42. Charbon de Terre . Du 2. Aoust 1684. au Vaisseau de Pierre Martin . Francois , venant d'Escosse . A Jacques Mel un Grenier contenant — 536. Charbon de Terre . Du 3. Novembre 1684. au Vaisseau de Jacques du Pas. Venant du havre ayant allegé les Navires d'André Bisset Escossois . Venant d'Escosse & du Capitaine Dixon Escossois venant de Neufchastel . A Eustache Canu un Grenier contenant — 326. Charbon de Terre . Du 13. ditto , an Vaisseau d'Abraham Leeman . Hollandois venant d'Escosse . A Jacques Mel un Grenier contenant — 502½ . Charbon de Terre . Du 5. Decembre , 1684. au Navire du Sieur Jacob Smith Hollandois venant de Limequel en Escosse . A Jacques Mel un Grenier contenant — 893½ . Charbon de Terre . Du 9. Ditto , an Vaisseau de Charles Goüin Francois venant d'Escosse . A Louis Hays un Grenier contenant — 450. Charbon de Terre . Du 11. Decembre 1684. au Vaisseau de Jean Maillard . Venant de Honfleur ayant allegé le Vaisseau de pierre Potteuin Francois Venant d'Escosse . A Estienne Ernault un Grenier contenant — 302½ . Charbon de Terre . Du 19. Ditto , an Navire de Pierre Poitteuin , Francois venant d'Escosse . A Estienne Ernault un Grenier contenant — 1150. Charbon de Terre .       7368. Barils en Tout . Total des Charbons contenües an present Estat Sept Mil Trois Cents Soixante Huict Barils & plus bas est Escrit le present Extrait tiré des Registres de la Romaine , & certifié veritable par moy Directeur General des Cinq grosses Fermes soubsignez ce 2. Janvier 1685. Signé Nozereau un paraphe . Tous lequels Charbons de Terre venus d'Escosse & mentionné audit Estat arrivez en cette ville faisant ensemble 7368 Barils , les dits Sieurs dessus Nommez out declaré , juré , affirmé , & attesté que les dits Charbons de Terre out esté vendus an prix Courrant depuis le dit mois d' Octobre 1683. jusques an mois de Decembre 1684. à pareil prix que celuy venant de Neufchastel qui est de 275l . jusques à 277l . dix Sols le cent Barils mesure de Rouen , dont de tout ce que dessus les dits Sieurs devant Nommez out requis la presence Acte pour valoir & servir qu'il appartiendra , fait & passé à Rouen le 5. Janvier , 1685. Pierre Locquet , Jean Boucher , Rob. Nouflard , Eustache le Canu , Jacques De Lamare , Thomas Fulgent , Loüis Bouffier , Jean le Testu , Anthoine Mallet , Notaires Royea●●● Gruchett , le Peletier , C Mr. GEORGE ROBINSON's Answer To the foregoing Present State. The Commissioners of His Majesties Customs may please to take notice , THAT Whereas it hath been suggested a sort of Coal was lately found in Scotland , ( not much inferiour to the Coal of England ) and from thence Exported to France in French Vessels , paying little or no Custom for the same , and whereas it was also alledged by Letters from France and Holland , &c. That the Forein Markets were of late years extraordinarily supplyed with Coals from Scotland , in Strangers Ships , to the great prejudiee of the English Navigation and damage to His Majesties Customs here , upon which allegations some of the Traders ( His Majesties Subjects ) of England , in that Commodity , humbly desired ( by proper application ) a seasonable remedy for such an Evil , either by an equality of Duty to be paid by Strangers in Scotland , or by some encouragement or favour to rhe English in the Duty here : which suggestions and seeming good reasons , made not only deep impressions , but great inclinations to endeavour a present Abatement of the Custom on Coals Exported from England in English Shipping , for a short temporary experiment , till the Duty in Scotland could be raised higher , if the King should so please . Now having since farther well examined the Premises , there seemeth nothing more certain therein than , I. That the Custom in Scotland is indeed next to nothing , and the defect ( such as it is ) there . II. That there are no better Coals in Scotland now , than in former and later years , in which the Duties in both Kingdoms have been as now they are ; and yet the Exportation from England far greater than that of the last year , from whence it seemeth evident that the greater or lesser Annual Exportation of this Commodity , hath not been occasioned by any extraordinary Coal found in Scotland , or the difference of the Custom , but Peace , War , Plague , &c , doth influence the same . And some years the Forein Markets ( as well as London Markets ) are over stocked with this Commodity , the Custom of Anno 1679. was better than 1678. about 5000 l. the year following was worse than that by about 2000 l. 1681. was near as good as 1679. 1682. was somewhat better than 1680. 1683. was about 1500 l. better than 1682. and Anno 1684. is not so bad as 1678. by near 2000 l. neither were the years before 1678. ( though not altogether so good as since ) less subject to variation , and yet the Coals of Scotland , and the Duties of both Kingdoms , the same as now , for any thing yet proved to the contrary . III. That the advices from Holland of the encrease of this Scotch Trade now want Confirmation , and the abatement from 8 to 6 s. per Chalder , is chiefly projected by the Factors , or Traders of France , and that for accompt of the gross Farmers of the Customs of that Kingdom , who ( as Strangers ) ought by the Book of Rates here to pay 14 s. per Chalder for Coals Exported in English Shipping ; so that instead of 2 s. this project will abate them 8 s. per Chalder . IV. That by that sensible Letter to Sir John Buckworth of the ½ 2 / 2 Instant from Rouen , touching this matter , it seemeth apparent , That if the French could be without our English Coal , or the Scotch Coal were so good as is alledged , and could be brought from Scotland in French Ships within 2 s. per Chalder as cheap as English Coal , the French would not be so kind to our Navigation as to employ them in this Trade to the neglect of their own Shipping : or on the other hand in the same Letter , it would rationally be proposed , that if French Ships may be permitted to fetch out Coal at English Custom , they will be willing to pay the French Tonnage of 5 s. which will amount to 18 s. per Chalder ; a Newcastle Chalder being more than two Ton : Now if the Market at Rouen will afford to pay that 18 s. per Chalder , and produce good profit to the Merchant , as the said Letter sets forth , it seemeth not necessary to abate the Custom , and to let them have a Commodity from us , which they cannot be without ( for the reasons aforesaid ) at 6 s. per Chalder . V. If it be said in favour of all Forein Markets as well as France , that the cheapness of a Commodity supposeth an encrease of Consumption : it will also be remembred that the supposition will utterly fail in Commodities not subject to Luxury . If Salt were at a penny a Bushel , it would not ( for its cheapness ) augment the Consumption . And if all the English Custom on Coals were taken off , it would not amount to above 1 d. ½ a Bushel , in the price of Coals cannot make 6 d. difference in 5 l. worth of Manufacture , and the dearer we sell a Commodity abroad which the Stranger cannot be without as aforesaid , the more we bring back to inrich our own Nation . VI. And as to the English Navigation , the same will appear to be very little advantaged by the desired abatement to 6 s. per Chalder , when it shall be computed that the whole Forein Coal-Trade is not ⅕ part of the Annual quantity brought only into London , of which the bare Duties , first and last , amount to 6 s. 6 d. per Chalder , and if the said abatement should take effect , the French should not pay so much Duty as we . The Parent is not kinder to Strangers than to his own Children . VII . Therefore it is conceived , that if any advantage can accrue by the desired abatement , it will be to the Coal Owner , who knowing the necessity the French have of the Commodity , will at least share ( by the raising the Price of the Coal ) in the profit of what the King shall please to abate of the Customs so prudently Established by his Laws . VIII . And for these Reasons , and much more which might be said on this subject , as I humbly conceive , the said abatement not to be for His Majesties service , or the benefit of the English Navigation ; so I find all my Partners ( with whom I am in Covenant ) now unwilling to joyn with me in any consent thereunto , for what relates to the Lord Townsends Interest in the premises . All which is humbly submitted . Dated the 20th . of Decemb. 1684. George Robinson . D A Reply to Mr. George Robinsons groundless Answer to the Present State of the Forein Coal-Trade . I. THat the Custom in Scotland is next to nothing , ( as by the said Present State is set forth ) is owned by the Answerer ; so needs no further proof nor enlargement . II. To say there are no better Coals now in Scotland than in former years is not denyed ( though a cunning insinuation . ) But the best and richest Coal both in Englond and Scotland , being the most fit for Domestick use , are the worse for Forein Consumption , where no other use is made of that Commodity but for the Forge and Furnace ; therefore the question is not whether they be better or worse in the general , but that a better sort of Coals for Forein use , viz. a small Cakeing Coal , and of less value than that called the best , which is a large open burning Coal , that will not Cake , has been of late years found in Scotland , purchased there on easie terms , plentifully Transported from thence to Forein parts , and there sold at as high a Rate as Newcastle Coals , to the lessening His Majesties Customs , and the English Navigation , is what has been offered and proved by as Authentick a Certificate as could be devised , whereof the Copy follows the Letter — B. And as to the Answerers promiscuous way of jumbling the Encrease , and Decrease of several years Product , after the Rule of false Position : it is no way pertinent , but rather a blind to hinder Men from discerning the true State of the Case , which is this , I. His Majesties Revenue is diminished notwithstanding that later years have produced more than formers ; this may seem paradoxical , but it shall be made out : for what His Majesty might have by good management , and lost by bad , is a lessening of His Revenue , good management might hinder so many Fleets to pass by for Scotland to fetch a Commodity which they might take up half way , and thereby considerably encrease His Majesties Revenue : therefore the want of that good management has diminished it . II. As to the English Navigation , the prejudice is apparent , for instead of 30 s. that used formerly to be paid for the Freight of a Chalder of Coals from Newcastle , to Havre de grace in France , Ships may now be plentifully had for 16 s. per Chalder for the said Voyage , occasioned purely for want of Employment , since Scotland is able to furnish Forein Ships with Coals fit for their purpose , and in a manner Custom free . III. That the Advices from Holland want no confirmation , if Letters may be Credited , whence likewise Authentick Certificates may be had , were it worth the Charge , or that the Matter in question were put upon that Issue ; and as to the abatement , it is all one by whom it is projected , if it be proved to be for the good of the King and Kingdom . IV. That the sensible Letter to Sir John Buckworth of the ½ 2 / 2 December , 1684. from Rouen , confirms the Certificate aforementioned , as to the quantity of Scotch Coals Imported to the River of Rouen , and nothing is more clear than that the French could be without English Coals , since they may be furnished from Scotland upon such easie terms , as is alledged . And if so great a Work as the cutting of the River Eure , were not set on foot , which required a speedy supply , and which of necessity ( in the beginning ) must Employ some English Ships to fetch English Coals , the said Ships being of greater Burthen , and the said Coals nearer hand : but it is to be noted that at the same time their own Ships go for Scotland , and that when they have once a Stock by them to keep the Men at Work , then will they supply themselves from Scotland , so as Newcastle shall hardly see any more of them , or receive any further Orders to send them any more Coals in English Ships : as to the French Ships , being willing to pay 10 s. per Chalder Tonage , provided they may pay no more than 8 s. per Chalder English Custom , which would make in all 18 s. per Chalder . It is confessed they would gain very well by it , and four times more than by paying only 6 s. of the English Custom , for it is to be noted that a French Ship pays in all 30 s. per Chalder , whereof 10 s. being for Tonage , they pay no fifty Solx per Ton at home , which English Ships must do in France ; so the Tonage must be paid either in French Ships in England , or English Ships in France , therefore no benefit to the Merchant by that Article . Now I leave any body to judg whether it were not better for the French to pay the full English Custom , being 8 s. and the said Tonage , than to pay the 20 s. remaining of the 30 s. though the desired 2 s. were abated of it , and how Mr. Robinson can make it out otherwise is not understood . V. How absurd it is to say that the Stranger cannot be without our Commodity , when at the same time he may have it as good , and a great deal cheaper from another place , is obvious to the meanest capacity . VI. As to the English Navigation his Argument bears as little weight as the former ; for if there be no encouragement to Trade , there will be as little to Build Ships , and if that encouragement fails , Navigation in a small process of time must fall in Course , which already appears in that antient Nursery of Navigation ( Newcastle ) where of ten Ships that used to be Built , there is hardly one now , there appeared no less decrease in the buying of Forein Bottoms , even before the Act of Parliament : so that this and the fall of Freights , is a plain demonstration ; and though it is very true that it is the London Market that mostly governs our English Coal-Trade , yet when that is at an ebb , it is no policy to knock down all other helps for Company : and therefore Mr. Robinson's witty home Charity is not so meritorious , when the Parent starves himself and his Children , by shutting out the Stranger that brings them Bread. VII . As to Mr. Robinson's Conception of the abatement desired , to be for the benefit of the Coal-Owner : it will be made appear to be a very false Conception , and so incapable of bringing forth any thing that is good , that it will prove Abortive ; for in the first place he himself owns that the Coal-Trade is governed by London , if so , it must be the London Market that causes a Rise or Fall in the Price of Coals : therefore the Forein Trade being so inconsiderable as he makes it , cannot be the cause . It may be considered likewise , that none that comes to Buy will give more than the Current Price , which is publickly known , but very often may Buy under the Current Price from necessitous Men , who will undersel rather than want mony , though contrary to the Orders of the Hostmen Company , whereof they are Members , and which by their Freedom Oath they are bound to observe , that the Company may enjoy an equal benefit of the Trade . And further that the said Sir William Creagh , who deals most in the said Forein Coal-Trade may clear himself of this false suggestion ; he declares that he is not , nor ever was Owner of any Coals that went over Sea , otherwise than by paying others his ready mony for them after they were Shipped off and sent away ; so there is no room left to think him guilty of so foul a practice : if any of Mr. Robinson's Acquaintance be , it were fit he were made to discover them . And if it should be thought strange why the said Robinson should thus oppose a business wherein he and his Partners would gain as much as the King , it were not amiss to know his reason for giving the late Sir William Blackett ( one of his Partners who dealt much in the over Sea Coal-Trade ) some years ago , order to clear his over Sea Ships for the Cost , which I am sure did not look like a benefit to the King nor his Partners , but he is best able to answer the meaning of that Practice . VIII . And for these Reasons , and much more which may be said upon occasion , I humbly conceive than His Majesties Revenue , the English Navigation , and the Town of Newcastle has suffered more by the said Mr. Robinson's refractoriness , than he will be ever able to make amends for , all which is most humbly submitted to your Lordships , by May it please your Lordships , Your Lordships Most humble Servant WILLIAM CREAGH . E THE PRESENT STATE OF THE FOREIN COAL-TRADE , Most humbly offered to His MAJESTIES Consideration BY Sir WILLIAM CREAGH , Of Newcastle upon Tyne , Kt. THE said Forein Coal-Trade from Newcastle and its Members ( whence ariseth most of His Majesties Revenue by that Trade ) and known to be the greatest Nursery of His Majesties Seamen , has been much discouraged by the inequality of the Customs laid upon Coals in England , and Scotland , as followeth , viz. In England one Chalder of Coals Newcastle Measure , pays for Custom , Tonage , and petty Duties , viz.   Sterling In a French Ship — 30 shill . In a Dutch or any other Forein Ship — 20 shill . In an English Ship — 8 shill . Whereas in Scotland they pay no more than 8 d. or 10 d. per Chalder in any sort of Ships , and the Ships clear generally for a third , or a quarter of their Burthen , so the Custom is reckoned in a manner nothing , and the Coal Owners there do generally Sell their Coals clear a Board , to make things more easie to the Buyer , and to smother the inconsiderableness of the Duty and Clearing , and by this means begins to draw the Trade from Newcastle , especially since the finding out of a new sort of small Coals within these late years , which has been plentifully Transported to Forein Markets within these two or three years , as by a Certificate appears , and sold there at as high a Rate as Newcastle Coals ; whereas formerly Newcastle Coals sold for 8 s. per Chalder more than Scotch , and that , and the length of the Voyages , did in a manner ballance the inequality of the Customs : but now that the Scotch Coals gives as great a price abroad as those of Newcastle , the said Forein Coal-Trade from Newcastle will be wholly destroyed and laid aside , to the great discouragement of the English Navigation , and diminishing His Majesties Customs in a very high degree , especially at a juncture of time when there never was such an opportunity of encouraging the one , and augmenting the other : for since the Project of cutting the River Eure , and carrying on the Works at Versailles were resolved on , the said Sir William Creagh had Commissions proposed to him by the Undertakers in France , for no less than a hundred thousand Chalders of Newcastle Coals , which were to be Shipped for the River of Rouen , besides what might be Transported to other Forein Parts ; but before a thousand Chalders of the said number could be Shipped off , there went so many Scotch Coals to the River of Rouen , and other parts , that the said great Commission lyes now Dormant , and will not be awaked if some means be not found to ballance the Customs in both Kingdoms , by raising the Duty in Scotland , or making some abatement here . The first is conceived may be done by the King , and the Lords Commissioners of His Treasury in Scotland , as by the preamble to the Scotch Book of Rates , whereof a Copy is herewith , appears : and as for the latter , it is left to His Majesty in His Royal Wisdom , to consider whether it be not better to make some reasonable Abatement , than to let slip by the said Commissions alone ,   Sterling .   l. s. d. If Loaden in English Ships — 40000 00 00 If in Dutch , or other Forein Ships — 100000 00 00 If in French Ships — 150000 00 00 All which is most humbly left to His Majesties Determination , by His Majesties most Faithful , and most Dutiful Subject and Servant , WILLIAM CREAGH . F The Scotch CERTIFICATE . An Accompt of what Coals have been Shipped off , and Transported beyond the Seas to France , Holland , and other Forein Parts , from the under-written Ports in Scotland , for the space of one whole year , commencing the first of December , 1685. and ending the first of December , 1686. as by the Accompt given by the several Stewards , and Factors of the said Ports appears , viz.   Ships .   Tons .   From Carron Water 21 Containing 2900   From Cockney 64 Containing 4300   From Grainge-Pans 74 Containing 4500   From Airth 3 Containing 350   From Alloway and Clackmanan 29 Containing 4750   From Culross and Valey-field 3 Containing 475   From Lyme-kills 40 Containing 2755   From Kirkaldy 8 Containing 607   From Dysert 22 Containing 1800   From Carrin or Tory-burne 3 Containing 450   From the Weymes and Methall 44 Containing 3300   From Borrowstonness 30 Containing 3600   In all 341 Containing 29787 Tons . We whose names are under-written , Stewards and Factors in the above several Ports , do hereby Certifie to all whom it may Concern , That the above quantity of 29787 Tons of Coals ( every Ton computed to be two thousand pounds Amsterdam weight ) were Shiped off , and Transported as aforesaid , within the time aforesaid . As Witness our Hands and Seals , in Edinbrough , Cockney , and Barrowstoness respective , the 5. 14. 20. 22. and 31. days of January , in the year 1687. For Cockney James Watt. ☉ For Grainge-Pans Daniel Hamilton . ☉ For Airth and Carron Water John Willson . ☉ For Borrowstonness John Artbone . ☉ For Clackmanan , Alloway , Valey-field and Tory-burne John Neilson . ☉ For the Weymes and Methall Andrew Krhie . ☉ For Dysert John Hamilton . ☉ For Kirkaldy William Anderson . ☉ Certified , Attested , Signed , and Sealed , before me George May , Notary Publick , as Witness my Hand and Seal in Edinbrough , and the other Towns above mentioned , upon the respective days and year above written . Copia Vera. George May , Notary Publick . G Charles R. CHARLES by the Grace of GOD , King of Great Britain , France , and Ireland , Defender of the Faith ; To Our Lovits , Our Heraulds , Pursivants , Macers , and Messengers : Forasmuch , as by the 57th . Act of the first Session of Our first Parliament of our Kingdom of Scotland , the Lords Commissioners of Our Exchequer are thereby Warranted to establish a New Book of Rates for Our Customs ; as also by the 27th . Act of the third Session of Our said Parliament , It is declared , That the ordering and disposal of Trade with foreign Nations , doth belong to Us and Our Successors , as an undoubted Priviledge of Our Crown ; and that by virtue hereof , We may so order and dispose of foreign Trade as We shall think fit , for the good of Our said Kingdom : And being desirous that the Trade thereof be so ordered , as may be most for Our Interest , and the good and ease of Our Subjects : And considering how necessary it is for that end , that the Rates or Customs which have been heretofore most unequal , by reason of the great difference of the true value of Goods at present , and of late , from what they were many years ago , should be now regulated and stated , as We may have Our Custom paid , and Our Subjects may not only be ascertain'd what they have to pay , but also , find a considerable ease of the Proportion of the Customs , formerly due from the Native Commodities of Our said Kingdom , at the Exportation thereof : Therefore We , with the Advice and Consent of the Commissioners of Our Treasury and Exchequer , having taken the Rates of Our Customs into Our Consideration , and having also had therein the Opinions of some Persons of good Knowledg and Interest in the Trade of Merchandize have thought fit to Settle and Determin the Rates of Our Customs to be in all time coming , according as they are set down in the Alphabet thereof ; and such Goods and Merchandize as are contain'd therein , that they pay Twelve Pence upon each Pound value , and that the same Rates be rais'd and manag'd conform to the Acts of Parliament and Instructions subjoyn'd to the said Alphabet . And to the effect all Our Lieges may have timous notice thereof , It is Our Will and Pleasure , that these Presents , with the Rates of Customs and Instructions , be Recorded in the Books of Our Exchequer , and Printed and Published at the Market-Cross of Our Borough of Edenborough , and other Places needful . Given at Our Court at White-Hall the 4 th day of March , 1670. and in the 22 d Year of Our Reign . By His Majesties Command . LAUDERDAILL . 
A42371	----	Englands grievance discovered, in relation to the coal-trade with the map of the river of Tine, and situation of the town and corporation of Newcastle : the tyrannical oppression of those magistrates, their charters and grants, the several tryals, depositions, and judgements obtained against them : with a breviate of several statutes proving repugnant to their actings : with proposals for reducing the excessive rates of coals for the future, and the rise of their grants, appearing in this book / by Ralph Gardiner ... Gardiner, Ralph, b. 1625. 1655 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. 
A60281	----	The hydrostaticks, or, The weight, force, and pressure of fluid bodies, made evident by physical, and sensible experiments together vvith some miscellany observations, the last whereof is a short history of coal, and of all the common, and proper accidents thereof, a subject never treated of before / by G.S. Sinclair, George, d. 1696. 1672 Approx. 623 KB of XML-encoded text transcribed from 181 1-bit group-IV TIFF page images. Text Creation Partnership, Ann Arbor, MI ; Oxford (UK) : 2003-11 (EEBO-TCP Phase 1). A60281 Wing S3854 ESTC R38925 18196129 ocm 18196129 106992 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. A60281) Transcribed from: (Early English Books Online ; image set 106992) Images scanned from microfilm: (Early English books, 1641-1700 ; 1130:20) The hydrostaticks, or, The weight, force, and pressure of fluid bodies, made evident by physical, and sensible experiments together vvith some miscellany observations, the last whereof is a short history of coal, and of all the common, and proper accidents thereof, a subject never treated of before / by G.S. Sinclair, George, d. 1696. [20], 319, [i.e. 317] p., [7] leaves of plates (some folded) : ill. Printed by George Swintoun, James Glen, and Thomas Brown, Edinburgh : 1672. "The Epistle Dedicatory" signed: George Sinclair. Numerous errors in paging; numbers 303-304 not used in paging. Errata: p. [13]. Reproduction of original in the British 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 Hydrostatics -- Early works to 1800. Coal -- Early works to 1800. 2003-07 TCP Assigned for keying and markup 2003-07 Aptara Keyed and coded from ProQuest page images 2003-08 Rina Kor Sampled and proofread 2003-08 Rina Kor Text and markup reviewed and edited 2003-10 pfs Batch review (QC) and XML conversion THE HYDROSTATICKS ; OR , The Weight , Force , and Pressure of FLUID BODIES , Made evident by Physical , and Sensible Experiments . TOGETHER VVith some Miscellany Observations , the last whereof is a short History of Coal , and of all the Common , and Proper Accidents thereof ; a Subject never treated of before . By G. S. EDINBURGH , Printed by George Swintoun , Iames Glen , and Thomas Brown : Anno DOM. 1672. G. SINCLARI P. Professoris , Hydrostatica EDINBURGI , Ann. Dom. 1672 Intus se vasti Proteus tegit obice saxi . To my very Honourable , and Noble LORD , ROBERT VISCOUNT of OXFUIRD , LORD MACKGILL of COUSLAND , &c. My Noble Lord , THe first application I make , is for pardon , that I have adventured to prefix your name to the Frontispice of this Work , which in it self , cannot be thought worthy of your Trust and Protection ; there being no proportion between the greatness of your Merit , and so mean an Oblation ; save what flows from the Nobleness of the Subjest , and the sincerity of his respects who presents it . It is truly a part of Philosophy , that was never much Cultivated , but of late , except in a more abstract and subtil way , which did render it less useful ; but is now more improven by sensible Manifestations of the Soveraign Mistriss of Arts , NATURE her self . There are indeed ( my Lord ) many excellent Sciences , which do merit the favour of your Lordships studies , and by which your Noble Accomplishments might be more improven ; yet I am bold to affirm , you cannot apply your Noble Mind to any part of Philosophy , where you will find more Pleasure , with less Pains ; more evidence of Reason , with less Difficulty . The famous Gregorio Leti , was so much an admirer of your Vertues , that he sheltered under your Patrociny , his Vita Di Sisto quinto Pontefece Romano . And if you were able to protect an envyed Italian in Italy , much more may I expect full security from your Name in Scotland , where your interest and relations are so considerable . And if he , who only look'd upon your Vertuous Mind , while it was but blossoming , was so much perswaded to judge none more fit to Receive , Protect , and Claim his Labours , much more I , who have seen the accomplishment of your Vertues at home . I have likewise very much confidence of your Noble and Candid Disposition to admit this into your Favour , and assurance of your Affection and Skill , to Love it , and Understand it ; both which are conspicuous , the first in your encouragement to all Learning , the other in your Capacity and Understanding to comprehend , whatever you encourage . Though ( my Lord ) I have been much emboldened to offer this Dedication to your Lordship , upon the account of your own Heroick Vertues , yet I must not pass over in silence , a most special Motive , which to me shall be the last , sparing to express all the great Causes oblieging me so to do , and that is , the Memory of your VVorthy and nearest Relations , who are , my Lord your Father , Grandfather , and Great-Grand-father , not only memorable for their Vertue and Learning , and peculiar Endowments , whereby they were thought worthy to serve their King and Countrey , in Council , and Honourable Courts of Iustice for these many years , but for the Dignity , and Antiquity of their famous Ancestours . How old your Lordships Name is , Buchanan testifies in the close of the Second Book of his History , who writeth thus , Certè Gildus vetus est in Scotia Nomen , ut vetus Mackgildorum , sive Mackgillorum gens indicat : è cujus posteris honestae adhuc in Scotia & Anglia sunt familiae . That is , Surely Gild is an ancient Name in Scotland , as witness the old Family of Mackgilds , or Mackgills : of whose Posterity there are yet in Scotland and England many Families of good account . And as an instance of this , the same Author tells us of the Great Thane of Galloway , Mackgillum Gallovidiae longè Potentissimum , in the life of Mackbeth , who by this Vsurper was put to death for his adherence to his Prince , from whom your Lordship , and your worthy Progenitors are Lineally descended , and of whom Buchanan meant in the foregoing passage , since our Predecessors flourisht in his time ; your Great-Grand-Father having then been His Majesties Advocat , his Brother Lord Register . Having now ( my Noble Lord ) laid before you so many considerable Motives , which I humbly desire may prevail , I cannot but make my next Application for Acceptance , and seriously intreat this Work may be received into the Tuition of your Favour , and get a full Protection from the Censorious , and being enlightned with the splendor of your Name , and receiving the impression of your Authority upon it , may safely pass thorow the VVorld , for which singular Favour , I shall fervently wish to your Self and Noble Family , all Prosperity , and Happiness , and shall think my self very happy under the Character of , Edinburgh , May 20. ( the day of your Lo. Birth and Majority ) 1672. My Noble Lord , Your Lo. most humble and much oblieged Servant , GEORGE SINCLAR . TO THE READER . Courteous Reader , I Shall not detain thee entry with a long Preface , but give a short account of what is needful to be known , of the Cause , Occasion , and Matter of the following Treatise . After the publication of my last Piece , about the Weight and Pressure of the Air , I found it needful to treat of the Pressure of the Water , because of the near relation between the two : the operations , and effects of both depending almost upon the same Principles and Causes . And that there are many things , which cannot throughly be understood , of the Pressure of the Air , without the knowledge of the Pressure of the Water : therefore to make the first the more evident , I have spoken of the second : the effects and operations of Hydrostatical Experiments , being more conspicuous and sensible , then the effects and operations of the other . The Occasion was some spare time I had now and then , for making some Trials : part whereof are published here ; the rest being rather some productions of Reason , attentively exercised on that Subject ; which notwithstanding may be called Experiments , though never actually tried , nor haply can be , because of some accidental impediments : yet supposing they were , I make it evident , that such and such Phenomena would follow , whence many necessary conclusions are inferred . As for the subject matter , there are first , moe then thirty Theorems in order to the Pressure of Fluid Bodies , as Air , Water , and Mercury , which in effect are nothing else , but so many conclusions rationally deduced from various and diverse effects of Aerostatical , Hydrostatical , and Hydrargyrostatical Experiments , which for the most part , I have tried my self . There are next twenty Experiments briefly described , by their own distinct Schematisms : their Phenomena , according to the Laws of the Hydrostaticks are salved , and several new conclusions inferred . A Proposal is likewise made of a more convenient Engine for Diving . Here , several difficulties are proposed , and answered , and all the obvious Phenomena of Diving explicated . If the Lead which sinks the Ark , be judged too weighty , and big , which may render it not so tractable , and likewise hinder the Ark from going so near to the ground , as is desirable , and in some measure stop the sight , ( which troubles are ( I suppose ) incident to the Bell also ) it may be reduced to a far less weight , and quantity , and the overplus being made ●quare and thin pieces , may line the mouth of the Ark without , between P Q and L M , according to the Figure 25 , or may be put to , or taken away at pleasure . The Bell may have likewise in stead of this troublesome Foot-board , a weighty Ring of Lead , or two , to go round about the orifice without , in form of a Girth , or Belt , which may slip off and on at pleasure , and will as conveniently sink it , as if it had a weight appended : the Foot-board then may be of any form , quantity , or weight you please . There are thirdly some Miscellany Observations , the design of which is only Philosophical . Some of them are Experiments made with the Air-pump , which I have adventured to insert here , even though the Noble Mr. Boyl hath given an account of many . But because the Engine was offered to me by the Laird of Salton , a Gentleman of a choise Spirit , I could not , but in obedience to his commands make use of it , and shew him the Product . There are also two or three Observations in the close , as that of the Primum vivens in Animals : of the Aliment , and growth of plants : and of the motion of the Aliment in Trees . To all which is added a short History of Coal , which I hope will be acceptable to some ; this so needful a subject , never being treated of before by any . In it , mention is made of things common to Coal in general , as Dipps , Rifings , and Streeks . Next , of Gaes , or Dykes , which prove so troublesome sometimes to the working of Coal . Thirdly , of Damps , and Wild-fire . Next , a method is taught for trying of Grounds , where never any Coal was discovered before . And lastly , the manner how Levels , or Conduits under-ground , ought to be carried on , for draining the Coal , and freeing it of Water . When this Book was first committed to the Press , I sent an intimation thereof to some of my friends , for their encouragment to it , a Practice now common , and commendable , which hath not wanted a considerable success , as witness the respect of many worthy persons , to whom I am oblidged . But there is a Generation , that rather , than they will encourage any new Invention , set themselves by all means to detract from it , and the Authors of it : so grieved are they , that ought of this kind should fall into the hands of any , but their own . And therefore , if the Author shall give but the title of New to his Invention , though never so deservedly , they fly presently in his throat , like so many Wild-Catts , studying either to Ridicule his work altogether a trade that usually , the person of weakest abilities , and most empty heads , are better at , than learned men , like those Schollars , who being nimble in putting tricks , and impostures upon their Condisciples , were dolts , as to their Lesson , or else fall upon it with such snarling , and carping , as discover , neither ingenuity , nor ingeniousness , but a sore sickness , called Envy . In the Intimation , I affirmed , that the Doctrine concerning the Weight , and Pressure of the Water was New. This one word , like a spark of Fire falling accidentally among Powder , hath been the occasion of so much debate . Their ground is , because they look upon the Hydrostaticks , as a Science long ago perfected , seing Archimedes 2000 years ago hath demonstrat the Water to have a Pressure , and some others since , as Stevinus . They affirm likewise , that all the Theorems , and Experiments , that are here , are either deduceable from Archimedes , and Stevinus , or are the same with theirs . If these Gentlemen had suspended their judgment , till this Book had been published , I suspect they would not have spoken so confidently . For Archimedes his proposition ; they are but few , and proven ( as Mr Boyl saith ) by no very easie demonstrations , which have more of Geometrical subtility , than usefulness in them . But these , which are here proposed , are not only useful , but evidently evicted by reason , and sensible Experiments , even to the meanest capacities . And though some of mine , may ( perhaps ) co-incide with some of his , which to me is but accidental , yet our way of procedour is toto Coelo different . His way is more Speculative : this is more Practical . His demonstrations are Geometrical : these are Physical . His propositions are but for the use of a few : these are for the use of all . His are not illustrated , and confirmed by Hydrostatical Experiments : these are . Stevinus a late Writer keeps that same method . Yet I judge it easie to let see , even in the entry , how little cogent some of his demonstrations are , without derogating from such a Learned Man. He hath indeed some Pragmatical Examples ( as he calls them ) for illustrating some of his Geometrical Propositions , anent the Pressure of the Water ; but I leave them to be considered by the judicious and understanding . Again , in this Method , I am yet as much different from others , who have written lately , as from these I have been speaking of . For , I not only treat of the Pressure of the Water , but takes in with it , the Pressure of the Air joyntly ; since to explicat sufficiently the Phenomena of the Hydrostaticks , without it , it is impossible . And yet fu●der , I not only counterpoise Air with Water , but Air with Mercury and Water with Mercury , by which means several mysteries , and secrets in this Art , are discovered . There are several Inventions found out of late in the Hydrostaticks , whose events and effects , cannot be clearly deduced from the grounds of Archimedes , and Stevinus , who had not that clear discovery ( fo● 〈◊〉 we know ) of the Pressure of the Air , that some now have , without which , these effects can never be sufficiently explained . And who doubts , but others afterwards , may make farder discoveries , and profit the world yet more , with their Inventions , then any have yet done . Is then the Hydrostaticks , a Science long ago perfected ? To this Pedantick Conceit , I must again oppose the judgment of Mr. Boyl , who saith moreover , that the usefulness of this part of Philosophy hath been scarce known any farder than by name , even to the generality of learned men . But let us suppose , that the notion of the Pressure of the Water , is of an old date , even as old as the Flood ( for Noah surely knew , that the Pressure of the Water , would sustain the Ark ) and ( giving , but not granting ) that Archimedes 2000 years ago hath written all the Principles of the Hydrostaticks , doth this hinder any man now , from deducing new Conclusions from these old Principles ? But there is here , no such thing ▪ for neither in this , nor in my last Piece , are my Adversaries able to trace me . 'T is like the purposes would have been so much the better , if I had followed other mens foot steps : and it is like they might have been so much the worse . I doubt not , but I have lighted upon other mens thoughts in some things : and others writting on this same subject , who perhaps are my Antipodes , may fall upon mine . My Antagonists affirm , they are able to deduce all my Theorems , and the events of all my Experiments from the grounds of Archimedes and Stevinus . If they take not their word again , I hope they will do it ; for now I put them to it . And though they should , ( which I am not affraid they shall do in haste ) yet they must prove next , that these Theorems and Conclusions , so deduced , are not new , which all their Logick will not prove . But what if we do more , ( say they ) even overthrow many of all your Aerostatical and Hydrostatical Experiments , in this , and in your last Peice ? I give you liberty , and for your hire , a Guiny for each Theorem , or Experiment , you are able to ransack , in either of the two Books , though they come near to an hundred . But , ye must oblige your selves ( my Masters ) to do it with Reason , laying aside your Sophistry and Canina eloquentia . And this I offer , Reader , that I may reduce them , to a better humour , and encourage them to leave off flyting , and only use reason . Neither must they be like the Wasp , that only lights upon the sore place . But if they love to kindle any more fire , they will find me proof against it . If it burn them , it shall not heat me . Nevertheless , if they love to juik under deck , like Green-horns , having no courage in themselves , or confidence in their cause , they must excuse me , if at last , I write their names upon a Ticket , and bring them above deck . This is all I have to say , at present ( Reader ) and I bid thee farewell . ERRATA . Pag. 22. lin . 8. for weight read ben●il . Pag. 185. lin . 24. for E H , read F H. Pag. 235. lin . 24. for 500. read 5000. Pag. 307. lin . 26. read promoting . Pag. 313. lin . 22. read reflection . Ibid. lin . 25. read elaborarint . Pag. 317. lin . 2. read & magna . Note , that in placing the Figures , the 12 , that should have the fourth place in the third Plate , hath the first place in the fourth . Contents of the EXPERIMENTS . THe first , second , and third Experiment , touching the rising and falling down of Water in Tubs of different sizes . Pag. 37. 41. 44. The fourth is a Hydrostatical Experiment , shewing the Reason why the Mercurial Cylinder rises , and falls , in the Torricellian Experiment , as it is carried up , or down thorow the Air. pag. 46. 50 The fifth , shewing the reason , why the Mercurial Cylinder rises and falls in the Baroscope , as the Pipe is reclined and erected . p. 51 The sixth , touching the suspension of Liquors in Pipes , either closs or open above , not only of Water by Water , but of Water by Air. pag. 55 , &c. The seventh , touching the Cause of the suspension , and keeping up of Water in Weather-glasses . pag. 59. The eighth , touching the reason , why a Stone weighs less in Water than in Air. pag. 71. &c. The ninth , touching the reason , why under a Water 34 foot deep , the hight of the Mercury in the Baroscope , is 58 inches . pag. 77. &c. The tenth , touching the reason , why a man gripping with his fingers the Torricellian Tub , seems to find the weight of the Liquor within , and yet finds it not . pag. 82. &c. The eleventh , touching the counterpoising of Mercury in Glass-pipes under-water , by the help of a Ballance above , adduced to prove that a heavy Body weighs as much in Water , as in Air. pag. 86. The difficulty answered , pag. 87. &c. The twelfth , touching the reason , why a Cylinder of Brass , may be suspended by a Surface of Water , before it touch the bottom , that 's 100 foot deep . pag. 101. &c. The thirteenth is , touching two plain heavy Bodies suspended under a Water 34 foot deep . pag. 109 Doctor Mores Argument against the Pressure of the Air , answered . pag. 117 The fourteenth , touching the counterpoising of Mercury with Water : of Mercury with Air and Water ; whence some notable Phenomena appear . pag. 120. &c. The fifteenth , touching an Experiment tried in a Water 72 foot deep . pag. 127. &c. The sixteenth , touching the reason , why the different wideness of Tubs , makes no alteration in the hight of the Liquors suspended in them . pag. 133. The seventeenth , a notable trial for proving the Pressure of the Water . pag. 137. &c. Mr. Boyls Experiment in sufficient . pag. 146. The eighteenth , touching the Diving-Ark . pag. 153. &c. The nineteenth , touching a Siphon made to work under Water with Mercury , by the Pressure thereof , as a Siphon operats with Water , by the Pressure of the Air. p. 180. The last is for demonstrating the precise and just weight of any Pillar of Air , Water , or Mercury . p. 183. &c. Contents of the MISCELLANY OBSERVATIONS . Observation 1 Anent the killing of Animals in Coal-sinks , by the power of Damps and Ill Air. pag. 197. Observ. 2. Touching the position of Iupiter , with the Stars of Gemini , Novemb. 24. 1669. p. 201. Observ. 3. For knowing the motion of the Sun , or Moon , in seconds of time . ibid. Observ. 4. Touching an Experiment made on the top of Cheviot . p. 207. Observ. 5. Touching the oval-Figure of the Sun , at his setting . p. 209. Observ. 6. Touching a considerable Thunder , with great Lightnings , in East-Lothian , in Iuly 1670. p. 210. Observ. 7. A method for finding out the true South and North Points . p. 212. Observ. 8. Touching the reason , why a dead body of a man , or beast , riseth from the ground of a Water , after it hath lien there three or four dayes . p. 216. Observ. 9. Is a second Experiment made in a Coal-sink , for knowing the power of Damps and Ill-Air . p. 217. Observ. 10. An account of Experiments tried with the Air-pump . p. 218. Observ. 11. An Experiment made , for knowing the reason , why a round heavy Body , as a Bullet of Iron , falls not off a plain Body , under motion , but lies dead . p. 224. Observ. 12. Shewing the reason why a stone demitted from the top of a Ships-Mast under Sail , falls directly upon the place it hang over . p. 226. Observ. 13. Touching the hight of the Mercury in the Baroscope , observed by D. Beal . p. 228. Observ. 14. Touching the variation of the Magnetick Needle here . p. 228. Observ. 15. Touching the Elevation of the Pole here . p. 228. Observ. 16. A second method for finding the Meridian . p. 229. Observ. 17. Touching a considerable showre of Hail , with Thunder , and Rain . ibid. Observ. 18. Touching a curious Experiment made lately in Germany , for shewing the wonderful force of the Air. p. 230. Observ. 19. Touching some proposals of new Engines for War. p. 233. Observ. 20. Touching a sad trial one Mr. Campbel suffered in his Family for many dayes from the Devil . p. 238. Observ. 21. Touching a large Horn cut off a Womans head lately . p. 248. Observ. 22. Touching the Primum vivens in Animals . ibid. Observ. 23. Touching the Aliment and growth of Plants p. 252. And touching the motion of the aliment in Trees . p. 254. Observ. 24. Touching a History of Coal . p. 258. In Auctorem & Opus ENCOMIASTICON . AETheris expansi , vitrei Maris Antitalanton , Peroledos , Elasin , Fluidarum ritè videntes , Ingenio patefacta tuo , Magnalia rerum , Laudarûnt alacres Galli , Belgaeque sagaces . Aggrederi● nunc Arte Novâ , trutinare profundi Corpora , submersas quondam producere Gazas , Tollere demersis ingentia pondera Cupis . Gas fracidum in Cryptis ortum Fossorib●s atrox , Submisso in Fundos Aurae renovante Flabello , Propulsare doces , Lithanthracumque Cavernae Quêis foveantur Aquis , quo tendant , unde oriantur , Ordine quò circum Saxorum strata recumbant . Quòdbenè coepisti Naturae cuncta foventis Munera solerti perge Illustrare Mathesi . GEORGIUS HEPBURNUS , M. D. à Monachagro . To the Reader . Reader , THat thou mayest know , by one word more , how useful this part of Philosophy is , and how far from being a Science long ago perfected , take but this following proposal , lately , since my Book came to a close , communicated to me by a Friend , which , by his allowance , I have published , reserving the Answer to himself , the Author thereof . Brother , BY what you have published in your Ars Nova & Magna , and this Book , I have been led to this Invention , to beget within the Bowels of the Sea , a Power , or Force , which with great safety , and ease , sh●ll bring up the greatest weight , that can be sunk therein : ad data quaecunque pondera demersa , in Ma●isv● scer●bus Potentiam producere , quae mo●● securo , & i●cili , è tun lo cujusv●s altitudinis ad summum , ipsa 〈◊〉 I drew a Letter one night , sh●wing the way how this might be done , which I communicated to you , that it might have been Printed with your Books but after second thoughts , I judged it more meet to keep it up for a time , and that it should be set forth by way of Proposal only at the first , by O miston ▪ May 20. 1672. Your Brother , Mr. Iohn Sinclar . This New Invention ; though Hydrostatical , is truly Mechanical there being here a ●ondus and a Potentia , whose ope●ations depends upon Mechanical Principles . But in several respects it is far more admirable , than the most part of the Mechan●cal Engines , which are look'd upon as stupendious . Many things , almost incredible , are reported of Archimedes , which he admirably brought about , by his Mechanical Powers ; but I am confident , that by this Invention , as great a weight may be lifted , if not greater , as the Power of any Mechanical Faculty can be able to move . I know , the greatest conceivable weight , may be demonstrat , to be moved by the least conceivable Power , as the Earth , by the force of a mans hand . But how is it possible to contrive Artificially , an Engine for that purpose , which will do that by Art , which the demonstration makes evident by reason ? It was thought a great enterprize , when Pope Sixtus the fifth , transported an Obelisk , which had been long since dedicated to the memory of Iulius Cesar , from the left side of the Vatican , to a more eminent place , 100 foot distant ; but to raise a Ship of 1000 Tun intirely , nay , a weight 100 times greater , is surely a far greater enterprize . This Invention is so much the more admirable , that not only by it , any supposed weight may be lifted , but from any deepness . Though this ( perhaps ) cannot be done Mechanically , because of some Physical , or Moral impediment , yet according to the Laws of the Hydrostaticks it can be demonstrat , and made evident by reason . And if this be , then surely , when the Weight is determinat , as the burdens of all Ships are , and the deepness known to be within so many fathoms , this Invention cannot but be successful . Though the strength of Mechanical Inventions , may be multiplied , beyond the bounds of our Imagination , whereby the greatest Weight , may be moved , by the least Power ; yet the Wisdom of God , hath thought it fit , so to confine that knowledge , that it cannot teach , how both of them , can move with the same quickness and speed . For , if that were , the very works of Nature might be overturned . Therefore , it is observable , that when a great Weight is moved by a small Power , the motion of the one , is as much slower than the motion of the other , as the Weight of the one , exceeds the Force of the other . If it were possible Mechanically to move the Earth with the Force of a mans hand , the motion thereof would be as much slower , than the motion of the hand , as the Weight of the one , exceeds the Force of the other , which is a great disadvantage . And as the Weight and Power do thus differ , as to swiftness , and slowness in motion , so also , as to Space . For , by how much the Power is in it self less , than the Weight , by so much will the bounds or Space , the Weight moves thorow , be less than the Space , the Power goes thorow . If it were possible ( keeping the same instance ) to move the Earth with a mans hand , the Space thorow which it passeth , would differ as much from the Space the hand goes thorow , as the one exceeds the other ; which is another disadvantage . It may be thought , that if this Invention depend upon Mechanical Principles , it may be obnoxious to these abatements . I answer , though there be in it a Po●dus , and a Potentia , a Weight , and a Power , this moving the other , yet it will evidently appear from Experience , that the motion of the one , is as swift as the motion of the other , and that the one moves as much Space and bounds in the same time , as the other , which is a great advantage . In this , it excells all the Mechanical Powers , and Faculties , that have ever yet been invented and practised . If any think , that such a device cannot be effectuat , without a considerable expence . I answer , the expence is so small , that I am ashamed to mention it . The method and manner of doing this , is most easie likewise . Neither ought this to be a ground , why any man should contemn it ; since the most useful Inventions ordinarily are performed with the greatest facility . As it commends this part of Philosophy to all ingenious Spirits , as most pleasant , and most profitable , so it gives a check to the ignorant , who look upon it as a Science long ago perfected . In praise of the AUTHOR , and his WORK . 1. WHilst Infant-Art no further did pretend Then to flat notions , and ● bare desire ; What by small toyl we now do comprehend , Our Pred●cessors only did admire . 2. Now fruitful Reason , arm'd with powerful Art , Uncovers Nature to each knowing eye : Our Author to the World doth here impart What was before esteem'd a mystery . 3. The various motions of that Element , Whose liquid form gives birth to much debate ; By demonstration he doth represent , Unfolding th'intrigues of that subtil state . 4. The Wate●s Course , and Sourse , from whence they flow , By him to th'sense so clearly are display'd Their current ●eight , and Measure now we know , 'T is no more secret , but an open Trade . W. C. Hydrostatical THEOREMS , Containing some useful Principles in order to that excellent Doctrine , anent the wonderful Weight , Force , and Pressure of the Water in its own Element . THEOREM I. In all Fluids , besides the first and visible Horizontal surface , there are many moe imaginary , yet real . Figure 1. FOR the better understanding the following Experiments , it is needful to premit the subsequent Theorems ; the first whereof is , that in all Fluid bodies , such as Air , Water , and Mercury , or any other liquid , there is besides the first and visible surface , innumerable moe imaginary , under that first , yet real , as may be seen from the following Schematism , which represents a Vessel full of Water , where besides the first surface A B C D , there is a second E F G H , and a third I K L M , and so downward , till you come to the bottom . This holds true , not only in Water , but in Air also , or in any other Fluid body whatsoever . I call the under-surfaces imaginary , not because they are not real ; for true and real effects are performed by them ; but because they are not actually distinguished amongst themselves , but only by the Intellect . THEOREM II. In all Fluids , as it is needful to conceive Horizontal Plains , so it is needful to conceive Perpendicular Pillars , cutting these Plains at right Angles . Figure 1. THis Proposition is likewise needful for understanding the following Doctrine , anent the Pressure of the Water : for in it , as in all Fluids , though there be not Columes or Pillars actually divided , reaching from the top to the bottom , yet there are innumerable imaginary , which do as really produce effects by their pressure , as if they were actually distinguished . These imaginary Pillars are represented in the first Schematism , one whereof is A E I N O P Q , the other B F K R T , and so forth . THEOREM III. There is a twofold Ballance , one Natural , another Artificial . BY the Artificial Ballance , I understand that which the Mechanicks call Libra , which Merchants commonly use . By the Natural Ballance ( which for distinctions cause I so nominat ) I mean , v. g. a Sipho● , or crooked Pipe , wherein water naturally ascends or descends , as high or low in the one Leg , as in the other , still keeping an evenness , or likeness of weight . THEOREM IV. Fluid bodies counterpoise one another in the Ballance of Nature , according to their Altitude only . THis Theorem will appear afterwards most evident , while we pass through the several Experiments ; and it is of special use for explicating sundry difficulties that commonly occur in the Hydrostaticks . The meaning of it is shortly this : while two Cylinders of Water are in the opposite Scales of the Natural Ballance , they do not counterpoise one another according to their thickness : for though the one Pillar of Water be ten times thicker , then the other , and consequently heavier , yet is it not able to press up the other , that 's more slender , and so lighter , beyond its own hight : and therefore they weigh only according to their Altitudes . THEOREM V. In all Fluids there is a Pressure . Figure 1. THis is true not only of the Elements of Air , and Water , while they are out of their own place ( as they speak ) but while they are in it . For Air and Water , being naturally indued with weight , the second foot cannot be under the first , unless it sustain it : if this be , it must necessarily be prest with its burden . So this Water being naturally a heavy body , the foot I cannot be under E , unless it sustain it , and be prest with the burden of it ; the foot N , being burdened with them both . From this Pressure , which is in Air , ariseth a certain sort of force , and power , which may be called Bensil , by vertue whereof , a little quantity of Air , can expand and spread out it self , to a very large quantity , and may be extrinsick force be reduced to that small quantity again . Though this expansive faculty be evident in Air , yet it is scarcely discernable in Water , unless it be in very deep parts , near the bottom , where the Pressure is great . This Pressure is not of the same Degree in all the parts , but is increased and augmented , according to the deepness of the Air , and Water : for the Air upon the tops of Mountains , and high places , is thought to be of a less Pressure , then in Valleys : and Water is of a less Pressure , ten or twelve foot from the top , then twenty or thirty . So is the Water N , under a far less Pressure , then the Water , P or Q. THEOREM VI. The pressure of Fluids is on every side . Figure 1. THe meaning is , that Air and Water presseth not only downward , but upward , not to the right hand only , but to the left also , and every way . So the foot of water K , not only presseth down the foot R , but presseth up the foot F , yea presseth the foot I , and the foot L , with the same weight . And the first imaginary surface , is as much prest up , by the water I K L M , as it is prest down by the water E F G H. Upon this account it is , that when a Sphere , or Glob is suspended in the midle of Water , or Air , all the points of their surfaces are uniformly prest . After this manner , are our bodies prest with the invironing Air , and the man that dives , with the ambient and invironing Water . THEOREM VII . All the parts of a Fluid in the same Horizontal Line , are equally prest . Figure 1. THe meaning is , that the foot I , is no more prest , then the foot K : neither is the foot L , more burdened , then the foot M. The reason is , because each of these feet , sustains the same weight : for E F G H are all of them , of the same burden : therefore all the parts of a Fluid in the same Horizontal surface , are prest most equally . This holds true in Air , and Mercury , or in any oth●● Liquid also . THEOREM VIII . The Pressure of Fluids seem to be according to Arithmetical Progression . Figure 1. THe meaning is , that if the first foot of Water , have one Degree of Pressure in it , the second must have only two , and the third must have only three , and so forth , which appears from the Schematism : for the first foot E , having one Degree of weight , and the second foot I , having of its self as much , and sustaining E , it must have two Degrees , and no more . So the foot N , sustaining two Degrees of Pressure from I and E , must have the weight only of three Degrees , O of four , P of five . It 's evident also from Experience , for while by the Pressure of Water , Mercury is suspended in a glass tub , we find , that as the first fourteen inches of Water , sustains one inch of Mercury , so the second fourteen inches sustains but two , and the third , but three . But if the Pressure were according to Geometrical progression , the third foot of Water ought to sustain four inches of Mercury , the fourth , eight ; the fifth , sixteen , &c. which is contrary to Experience . THEOREM IX . In all Fluids there is a twofold weight , one Sensible , the other Insensible . THe first is common to all heavy bodies , which we find in Water , while we lift a Vessel full of it from the ground . The Insensible weight of Water , and Air , or of any other Fluid , can scarcely be discerned by the senses , though it be as real , as the former , because the Pressure is uniform . By vertue of the second , bodies naturally lighter than Water , are driven from the bottom to the top , as Cork . So , a man falling into a deep Water , goes presently to the bottom , and instantly comes up again . Here is a natural effect , which cannot want a natural cause ; and this can be nothing else , but the Pressure of the Water , by vertue whereof he comes up , and yet he finds nothing driving him up , or pulling him up . Therefore , there is in all Fluid bodies , an Insensible weight , as there is one Sensible ; seing the man that ( perhaps ) weighs seventeen Stone , is driven up fifteen or sixteen fathom by it . And it must be very considerable , and exceed the weight of the man , seing it is able to overcome such a weight . So are vapours and smoke driven upward by the Insensible weight of the Air , and by that same weight , do the Clouds swim above us . THEOREM X. The Insensible weight of Fluids , is only found by sense , when the Pressure is not uniform . FOr understanding of this Proposition , I must suppose somethings that are possible , but not practicable . Put the case then , while a man opens his hand , the Air below were removed , he would scarce be able to sustain the weight of the Air , that rests upon the Palm above : or if the Air above were annihilated , he would not be able to bear down the weight that presseth upward . Or , while a Diver is in the bottom of the Sea , if it were possible to free any one part of his body from the Pressure of the Water , suppose his right arm , I doubt not , but the blood would spring out in abundance from his finger-ends : for the arm being free , and the other parts extreamly prest , the blood of necessity must be driven from the shoulder downward , with fo●ce , which cannot be without considerable pain . It is evident also , from the application of the Cuppin-glass , which being duely applied to a mans skin , causeth the Air to press unequally , the parts without , being more prest , than the parts within , in which case the unequal Pressure causeth the pain , and so is found by sense . THEOREM XI . A Cylinder of Water , or of any other Fluid body , loseth of its weight , according to its reclination from a Perpendicular position , towards an Horizontal or levell scituation . FOr understanding of this , consider that while a Pipe full of Water stands perpendicular , the lowest foot sustains the whole weight of the Water above it : but no sooner you begin to recline the Pipe from that Position , but assoon the Pressure upon the lowest foot grows less ; So that if the lowest foot , in a perpendicular position , sustained the burden of ten feet , it cannot sustain above five or six , when it is half reclined . A certain evidence whereof is this , the more a Cyilnder of Water is reclined towards the Horizon , or Level , it takes the shorter Cylinder of Water to counterpoise it , as is evident in Siphons . For , though the one Leg , be sixteen inches long , and the other but six ; yet a Cylinder of Water six inches long , will counterpoise a Cylinder of sixteen . But this cannot be , unless an alteration be made in the Pressure . For , how is it possible , that a Cylinder of Water can sometimes be in aequilibrio with a lesser , and sometimes with a greater weight , unless the Weight , and Pressure of it , be sometimes more , and sometimes less ? When I say a Cylinder of Water loseth of its weight by reclination , it is to be understood only of the Insensible Weight : for the Sensible Weight is unchangeable , seing it is alwayes a Pillar of so many inches , or feet . Now the true reason , why the Pressure upon the lowest foot grows less , is this ; the more the Pipe is reclined , the more weight of the Cylinder rests upon the sides of the Pipe within ; by which means , the lowest foot is eased of the burthen , and is altogether eased , when once the Pipe lyes Horizontal . THEOREM XII . All motion in Fluids , is from the unequal Pressure of the Horizontal surface . Figure 1. FOr understanding this , I must distinguish a twofold motion in Fluids ; one common , another proper , by vertue of the first , they incline , as all other heavy bodies , to be at the center of the Earth . It is evident in the motion of Rivers , which descend from the higher places to the valleys , even by vertue of that tendency they have to be at the center . By vertue of the second , they incline to move every way ; not only downward , but upward , hither and thither . This sort of motion is peculiar , and proper only to Fluids ; and it is that which is spoken of in this Theorem . I say then , that all motion in Fluids , is from the unequal Pressure of the Horizontal surface . For put the case A , were more prest then B , e. g. with a stone , then surely as the part A descends , the other part B will ascend , and so will C and D rise higher too . Suppose next , the part A were fred of the Pressure of the Air , then surely in the same instant of time , would the part A ascend , and the parts B C D descend . As this Proposition is true in order to the first and visible surface A B C D , so it is true in order to the imaginary surface I K L M ; for put the case the space I , were filled with a body naturally heavier then Water , as lead or stone , then behoved that part of the surface to yeeld , it being more prest , then the part of the same surface K. Or if the space K were filled with a body naturally lighter then water , as Cork , then ought the water R to ascend , it being less prest , then the water N or S. THEOREM XIII . A body naturally heavier then Water , descends ; and a body naturally lighter , ascends . Figure 1. FOr understanding of this , let us suppose the quadrat space E , to be filled with a piece of Lead or Iron . I say then it must go down to I ; and the reason is , because the quadrat foot of Water I , is more pressed then the quadrat foot of Water K. To illustrat this , let us suppose that each quadrat foot of this Water weighs a pound , and that the heavy body existing in E , weighs two pound . If this be , the foot of Water I , must yeeld , seeing it is more prest then K : upon the same account must the Water N yeeld , and give way to the Stone , seeing it is more prest then R. For according to the twelfth Theorem , There cannot be unequal Pressure upon a surface , unless motion follow . For understanding the second part , let us suppose the space R , to be filled with a piece of Cork , that is specifically or naturally lighter then Water . I say then , it must ascend to the top B ; and the reason is , because the quadrat foot of Water K , is more prest upward , then the quadrat foot of Water I , or L is : but this cannot be i● Fluid bodies , unless motion follow thereupon . I say , it is more prest up , because R being lighter then N , or S , it must press with greater force upon K , then S can do upon L , or N upon I. It is still to be remembred , That Fluids presseth with as much strength upward , as downward , according to the sixth Theorem ; and that an Horizontal surface●doth as really suffer unequal Pressure from below , as from above . THEOREM XIV . Bodies naturally lighter then Water , swim upon the surface and top . Figure 1. THe reason of this Proposition must be taken from the nature of an equipondium , or equal weight . For without doubt , there is a counter-ballance between the Pressure of the Water , and the weight of the body that swims . To make this probable , let us suppose there were a piece of Timber in form of a Cube , six inches thick every way , without weight . In this case , the under-surface of that four-squar'd body , being applied to the surface of the Water A , would ly closs upon it , as one plain Table lyes upon the face of another , without any pressure : and it being void of weight , the part of the surface A , would be no more burdened , then the next part B adjacent , whence no motion would follow . Here is no equipondium , or counter-ballance . Secondly , let us suppose the said body to acquire two ounces of weight , then it follows , that it must subside , and sink two inches below the surface A B C D ; and that so far , till it come by vertue of its new acquired weight , to a counter-ballance with the Pressure of the Water . Which Pressure is nothing else , but as much force or weight , as is equivalent to the weight of Water , that is thrust out of its own place , by the subsiding and sinking of that body , two inches . Thirdly , let us suppose the same body to acquire other two ounces of weight , then must it subside other two inches . Lastly , let us suppose that it acquires six ounces of weight , then it follows that the whole body sinks , so far , I mean , till its upmost surface be in an Horizontal line with the surface of the Water A B C D. Here it swims also , because the weight of it becomes just the weight of so much Water , as it hath put out of its own place . I say , it must swim , because if the Water I , was able to sustain the Water E , which is put from its own place , surely it must be able to sustain that body also , that did thrust it from its own place , seing both are of the same weight , namely six ounces . In this case , the body immerged , and the water wherein it is drowned , become of the same weight specifically , seing bulk for bulk is of the same weight . To make this body specifically , or naturally heavier then Water , and consequently to sink to the bottom , nothing is required , but to suppose that it acquires one ounce more of weight ; which done , it presently goes down , I , being more burdened then K. Note by the way , a twofold weight in heavy bodies , one individual , the other specifick , and that two bodies agreeing in individual weight , may differ in specifick weight . So a pound of Lead , and a pound of Cork , agree individually , because they are both 16. ounces : but they differ specifically , because the one is naturally heavier then the other . THEOREM XV. No Body that flots above Water , even though its upper surface be level with the surface of the Water , can ever be made to swim between the top and the bottom . Figure 1. FOr clearing this Proposition , let us suppose F to be a four-square piece of Timber , of the same specifick and natural weight with Water , and consequently its upper surface to be level with the surface of the Water A B C D. I say then , if it be prest down to R , it shall arise thence , and never rest till it be where it was , namely in F. The reason seems to be this , because the four-squar'd body of Water R , is really heavier , then the four-squar'd piece of Timber F. If this be true , it follows of necessity , that it must ascend : for if the Timber existing in R , be lighter then the Water R , the Water T must be less prest , then the Water O , or the Water V ; whence ( according to the twelfth Theorem ) motion must follow . Again , if the Timber R , existing in the Water R , be lighter then the same Water is , then must the Water K , be more prest up then the Water I , or L ; whence yet , according to the same Theorem , motion must follow . If it be said , that the Timber F , is of the same weight with the Water R , because , it being equal in weight with the Water F , which it hath thrust out of its own place , it must also be equal in weight to the Water R , seeing F and R being of the same dimensions , are of the same weight . There is no way to answer this difficulty , unless I say the four-squar'd body of water R , is really and truly heavier then the four-squar'd body of Water F. The reason seems to be , because the Water R , is under a greater Pressure , then the Water F ; and by vertue of this greater Pressure , there are really moe parts of Water in it , then in F ; therefore it must be heavier . Even as there are far moe parts of Air , in one cubick foot near the Earth , then in six or seven near the Atmosphere . Hence it is , that a pint of Water taken from the bottom of the Sea , fourty fathom deep , will be heavier , I mean in a ballance , then a pint taken from the surface . Take notice , that when the vessel is once full at the bottom , the orifice must be closely stopped , till it come to the top : otherwise the parts that are compressed at the bottom , namely by the weight of the superiour parts , relaxes themselves , before they come to the top . THEOREM XVI . It is not impossible for a body to be suspended between the surface and the bottom . Figure 1. FOr understanding this , suppose F to be a four-square piece of Timber , which though it will not rest but at the surface , A B C D , yet may be made to go down of its own accord , and rest at T , namely , by making it so much heavier , as the Water T is heavier then the Water F. To know this difference , which is not very practicable ; the Cube of Water T , must be brought from its own place , under the same degree of Pressure it hath , and put into the Scale of a Ballance , and weighed with the Cube of Water F , put into the other Scale . Now if the Water T , be half an ounce heavier , then the Water F , then to make the Timber F hing in T , it must be made half an ounce heavier . There seems to be reason for it also ; for if a Cube of Timber resting in the space T , be just the weight of the Water T , the imaginary surface O T V , is no more prest , then if T were Water , and so it cannot go downward : neither can it go upward , seing the under part of the Water R , is no more prest up by the Timber T , then if the space T were filled with Water . If it be said , according to this reasoning , a Stone may be suspended in a deep Water , between the top and the bottom , which is absurd . I answer , such a thing may happen in a very deep Water : For put the case a Cube of Lead twelve inches every way , were to go down twelve thousand fathom , it is probable , it would be suspended before it came to the ground . For coming to an imaginary surface far down , where the Pressure is great , a Cube of Water twelve inches thick there , may be as heavy ( even specifically ) as the Cube of Lead is , though the Lead be ten times heavier specifically , then any foot of VVater at the top . If Water suffer compression of parts , by the superiour burden ; it is more then probable , that the second foot of Water burdened with the first , hath moe parts in it , then are in the first , and the third moe , then in the second , and so forth ; and consequently , that the second is heavier , then the first , and the third heavier , then the second . Now , if this be , why may not that foot of Water , that hath sixty thousand foot above it , by vertue of this burden , be so comprest , that in it may be as many parts , as may counter-ballance a Cube of Lead twelve inches every way ? If then , that imaginary surface , that is sixty thousand foot deep , be able to sustain the said foot of VVater , which perhaps weighs twenty pound , why may it not likewise sustain the Lead , that is both of the same dimensions with it , and weight ? Hence it is , that the Clouds do swim in the Air , by vertue of a counter-ballance : And we see , which confirms this Doctrine , that the thinnest and lightest are alwayes farthest up ; and the thickest and blackest , are alwayes farthest down . THEOREM XVII . The lower the parts of a Fluid are , they are the heavier , though all of them be of equal quantity and dimensions . Figure 1. THis follows from the former , which may appear a Paradox , yet it seems to be true : for though the Water Q at the bottom , be of the same dimensions with the Water E at the top , yet it is really heavier , which happens ( as I said ) from the superiour Pressure . It is clear also from this , namely the Cube of Timber E , which swims upon the surface , being thrust down to Q , comes up to the top again , which could not be , unless the Water Q , were heavier then the Water E. I suppose the Water E , and the Timber E , to be exactly of the same specifick weight , and consequently the surface of the Timber , to ly Horizontal with B C D. Now the reason , why the Timber ascends from Q to E , is no other then this , namely that the one Water is heavier then the other ; for the under part of the Water P , being more prest up with the Timber existing in Q , then with the Water Q it self , it must yeeld and give way to the ascent : for if the Cube of Timber existing in Q , were as heavy as the Water Q it self , it would no more press upon P , or endeavour to be up , then the Water Q does . THEOREM XVIII . A heavy body weighs less in Water , then in Air. Figure 1. THis is easily proven from experience ; for after you have weighed a stone in the Air , and finds it two pound , and an half , take it , and suspend it by a threed knit to the scale of a ballance ; and let it down into the Water , and you shall find it half a pound lighter . The question then is , why doth it lose half a pound of its weight ? I answer , the stone becomes half a pound lighter , because the surface of Water on which it rests , sustains half a pound of it : For put the case a stone were resting in R , that weighed two pound and an half in the Air , it behoved to weigh but two pound in this Water ; because the Water T sustains half a pound of it . For if this Water T be able to sustain the Water R , that weighs half a pound , it must be also able to sustain half a pound of the stone , seing half a pound of stone is no heavier , then half a pound of Water . Note , that when a heavy body is weighed in Water , it becomes so much lighter exactly , as is the weight of the Water it thrusts out of its own place . THEOREM XIX . A heavy body weighs less nigh the bottom of the Water , then nigh the top thereof . Figure 1. FOr clearing this proposition , I must suppose from the 17. Theorem , that the lower the parts of Water be , they are the heavier , though all of them be of equal dimensions . If then the lowest foot Q be heavier , that is , have moe parts in it , then the foot N , it of necessity follows , that a stone suspended in Q , must be lighter then while it is suspended in N or I. Because , if a stone be lighter in Water then in Air , as is said , even by as much , as is the weight of the bulk of Water , that the bulk of the stone expells , then surely it must be lighter in the one , then in the other place ; because suspended in Q , it expells moe parts of Water , then while it is suspended in N or I. For example , let us suppose the Water N , to weigh eight ounces , and the Water Q to weigh nine , then must the stone suspended in Q , weigh less by an ounce , then suspended in N , seeing as much is deduced from the weight of the stone , as is the weight of the Water it expells : but so it is , that it thrusts nine ounces of Water out of its own place in Q , and but eight in N or I ; therefore it must be one ounce lighter in the one place , then in the other . This may be tried , with a nice , and accurat ballance , which will bring us to the knowledge of this , namely how much the foot of Water Q is heavier , then the Water N or O. THEOREM XX. One part of a Fluid , cannot be under compression , unless all the parts next adjacent , be under the same degree of Pressure . Figure 1. THis proposition may be proven by many instances : for when the Air of a Wind-gun , is reduced to less quantity by the Rammer , all the parts are most exactly of the same Bensil . So is it in a Bladder full of wind . It 's true , not only in order to this artificial Pressure , but in order to the natural Pressure , and Bensil of the Air likewise . For the Air within a parlour , hath all its parts , under the same degree of natural compression : so is it with the parts of the Air , that are without , and immediatly under the weight of the Atmosphere . It s evident also in the parts of Water : for the foot of Water R , cannot be under Pressure , unless the Water S , and N , be under the same degree of it . Though this be true of Fluids , while all the parts lye in the same Horizontal surface , yet to speak strictly , it will not hold true of the parts scituated under divers surfaces ; for without question , the foot of VVater T , must be under four degrees of Pressure , if the VVater R , be under three . And if the Air in the lowest story of a building , be under six degrees of Bensil , the Air in the highest story must be under five . If a man would distinguish Metaphysically , and subtilly , he will find a difference of this kind , not only between the first , and second fathom of Air , nearest to the Earth , but between the first , and second foot ; yea , between the first and second inch , and less ; much more in Water , as to sense . However it be , yet the Theorem holds true ; for we find no difference sensible , between the compression of Air in this room ; and the compression of Air in the next room above it , no not with the Baroscope , or Torricellian Experiment , that discerns such differences accurately . I judge it likewise to be true , in order to the next adjacent parts of Fluids of different kinds ; for while a surface of Mercury , is burdened with a Pillar of Water , or a surface of Water , with a Pillar of Air , whatever degree of weight and Pressure , is in the lowest parts of these Pillars , the same is communicated entirely , to the surfaces , that sustains them . So then , there is as much force and power , in the surface of any Water , as there is Weight and Pressure , in the lowest foot of any Pillar of Air , that rests upon it : otherwise , the surface of Water would never be able to support the said Pillar : for a surface of six degrees of force , can never be able to sustain a a Pillar of Air , of eight , or ten degrees of weight . THEOREM XXI . The Pressure of Fluids , may be as much in the least part , as in the whole . Figure 1. THis Theorem may seem hard , yet it can be made manifest , by many instances : for albeit the quantity of Air , that fills a Parlour , be little in respect of the whole Element , yet surely , there is as much Pressure in it , as in the whole ; because Experience shews , that the Mercurial Cylinder in the Baroscope , will be as well sustained in a Chamber , as without , and under the whole Atmosphere directly ; which could not be , unless the small portion of Air , that 's in this Parlour , had as much Pressure in it , as in the whole Element . Besides this , it will be found in a far less quantity : for though the Baroscope were inclosed , and imprisoned so closs , within a small Vessel , that the Air within , could have no communion with the Air without , yet the Pressure of that very small quantity , will sustain 29. inches of Mercury , and this will come to pass , even though the whole Element of Air were annihilated . This Proposition is likewise evident in order to the Pressure of the Water : for put the case , the Baroscope , whose Mercurial Cylinder is 29. inches , by the Pressure of the Air ; were sent down to the bottom of a Sea 34. foot deep , within a Vessel , as a Hogs-head , and there exactly inclosed , that the VVater within , could have no commerce with the VVater without , yet as well , after this shutting up , as before , other 29. inches would be sustained , by the Pressure of this imprisoned VVater , which proves evidently , that there is as much Pressure in one Hogs-head full of VVater , at the bottom of the Sea , as in the whole Element of VVater , above , or about : for an Element of VVater never so spacious , if it exceed not 34. foot in deepness , can sustain no more Mercury , then 29. inches by its Pressure . Yea , though the Vessel with the Baroscope , and imprisoned VVater in it , were brought above to the free Air , yet will the VVater retain the same Pressure , and will de facto sustain 29. inches of Mercury , provided the Vessel be kept closs . It is therefore evident , that as much Pressure may be in one small quantity of VVater , as in the whole Element , or Ocean . 'T is to be observed , that this Theorem is to be understood chiefly of the lower parts of Fluids ; seing there cannot be so much Pressure in the VVater P , as in the VVater Q ; for in effect , there is as much Pressure in the VVater Q , as is in the whole VVater above it , or about it . From this Theorem , we see evidently , that the Pressure , and Bensil of a Fluid , is not to be measured , according to its bulk , and quantity , seing there is as much Bensil in one foot , nay , in one inch of Air , as is in the whole Element , and as strong a Pressure in one foot of VVater , or less , as there is in the whole Ocean : therefore the greatest quantity of Air , hath not alwayes the greatest Bensil , neither the greatest quantity of VVater , the greatest Pressure . But this will appear more evident afterwards . THEOREM XXII . The Pressure , and Bensil of a Fluid , is a thing , really distinct from the natural weight of a Fluid . Figure 1. THis may be easily conceived ; for as in solid bodies , the Bensil , and natural weight , are two distinct things , so is it in Air , and Water , or in any other Fluid , The weight of a Bow , is one thing , and the natural weight of it , is another . The weight of the Spring of a Watch , and the Bensil of it , are two distinct things . The weight ( perhaps ) will not exceed two ounces : but the Bensil ( may be ) will be equivalent to two pound . Though these may illustrate , yet they do not convince : therefore I shall adduce a reason , and it 's this . The natural weight of a Fluid is less , or more , as the quantity is less or more ; but it is not so with the Pressure , because there may be as much Pressure in a small quantity , as in a great , as is evident from the last Theorem , therefore they may be different . The first part of the Argument is manifest , because there is more weight in a gallon of Water , then in a pint . A second reason is , because a Fluid may lose of its pressure , without losing of its weight . This is evident from the Schematism , for if you take away the four foot of Water E F G H , and consequently make the four Pillars shorter , the foot of Water Q becomes of less Pressure , but not of less Weight , seeing the quantity still remains the same : at least , the loss of weight is not comparable , to the loss of Pressure . I say , it becomes of less Pressure , because there is a less burden above it . Thirdly , the Pressure and Bensil may be intended , and made stronger , without any alteration in the weight : so is the Bensil of Air , within a Bladder , made stronger by heat , without any alteration , in the weight of it . Likewise , the Pressure of the foot of Water Q , may be made stronger , by making these four pillars higher , without any alteration , at least considerable , in the weight ; for it still remains a foot of water , whatever be the hight of the pillars above it . Lastly , the weight of a Fluid is essential to it , but the Pressure is only accidental ; because it is only generated , and begotten in the inferiour parts , by the weight of the superiour , which weight may be taken away . THEOREM XXIII . Though the Bensil of a Fluid , be not the same thing formally with the weight , yet are they the same effectively . THis proposition is true in order to many other things , besides Fluids : for we see that the Sun , and Fire , are formally different , yet they may be the same effectively ; because the same effects , that are done by the heat of the Sun , may be done by the heat of the Fire . So the same effects , that are produced by the weight of a Fluid , may be done by the Pressure , and Bensill of it . Thus , the Mercurial Cylinder in the Torricellian Experiment , may be either sustained by the Bensil of the Air , or the weight of it . By the Bensil , as when no more Air , is admitted to rest upon the stagnant Mercury , then three or four inches , the rest being secluded , by stopping the orifice of the Vessel . By the weight of it , as when an intire Pillar of Air , from the top of the Atmosphere , rests upon the face of the stagnant Quicksilver . It is also evident in a Clock , which may be made to move , either by a weight of Lead , or by the force , and power of a Steel Spring . THEOREM XXIV . The surfaces of Waters , are able to sustain any weight whatsoever ; provided that weight press equally , and uniformly . Figure 1. THis is evident , because the imaginary surface of VVater O T V X , doth really support the whole sixteen Cubes of VVater above it , yea , though they were sixteen thousand , And the reason is , because they press most equally , and uniformly . VVhat I affirm of the imaginary surface , the same I affirm , of the first and visible . For let a plain body of lead , never so heavy , be laid upon the top of the VVater A B C D , yet will it support it , and keep it from sinking , provided it press uniformly all the parts of that surface . It is clear also , from the subsequent Theorem . THEOREM XXV . The surfaces of all Waters whatsoever , support as much weight from the Air , as if they had the weight of thirty four foot of Water above them , or twenty nine inches of Quick-silver pressing them . THis Proposition is evident from this , that the Pressure of the Air , is able to raise above the surface of any Water , a Pillar of Water thirty four foot high . For , put the case there were a Pump fourty foot high , erected among stagnant Water , and a Sucker in it , for extracting the internal Air , a man will find , that the Water will climb up in it four and thirty foot ; which Phenomenon could never happen , unless the surface of the stagnant Water , among which the end of the Pump is drowned , were as much prest with the Air , as if it had a burden of Water upon it thirty four foot high . The second part is also evident , because if a man drown the end of a long Pipe , in a Vessel with stagnant Quick-silver , and remove the Air that 's within the Pipe by a Sucker , or more easily by the help of the Air-pump , he will find the Liquor to rise twenty nine inches , above the surface below , which thing could never come to pass , unless the Pressure of the Air , upon the surfaces of all Bodies , were equivalent to the Pressure and weight of twenty nine inches of Quick-silver . THEOREM XXVI . All Fluid Bodies have a sphere of Activity , to which they are able to press up themselves , or another Fluid , and no further , which is less or more , according to the altitude of the pressing Fluid . Figure 2. FOr understanding this Proposition , let us imagine G H C D to be a Vessel , in whose bottom , there are five inches of Mercury E F C D. Next , that above the stagnant Mercury , there are thirty four foot of Water resting , namely A B E F. Lastly , that upon the surface of the said Water , there is resting the Element of Air G H A B , whose top G H , I reckon to be about six thousand fathom above A B. Besides these , let us imagine , that there are here three Pipes , open at both ends , the first whereof C A G , having it 's lower orifice C , drowned among the stagnant Mercury E F C D , goeth so high , that theu pper orifice goeth above the top of the Air G H. The second , whose lower orifice I , is only drowned among the Water A B E F , reaches to the top of the Air likewise . The third , whose open end K , is above the surface of the VVater A N B , and hanging in the open Air , goeth likewise above the Atmosphere . These things being supposed , we see that no Fluid can , by its own proper weight , press any part of it self , higher then it 's own surface , seing the stagnant Mercury E F C D , cannot press it self within the Pipe C G , higher then E. Neither can the VVater A B E F , press it self higher within the Pipe I L , then the point N. Lastly , neither can the Air G H A B , press it self within the Pipe K M , higher then M. But when one Fluid presseth upon another , as the VVater A B E F , upon the Mercury E F C D , then doth the said Mercury ascend higher than it 's own surface , namely from E to O , which point is the highest , to which the thirty four foot of VVater A B E F , can raise the Mercury , which altitude , is twenty nine inches above the surface E I F. But if a second Fluid be superadded , as the whole Air G H A B , then must the Mercury , according to that new Pressure , rise by proportion ; so rises the Mercury from O to P , other twenty nine inches . By this same additional weight of Air , the Water rises thirty four foot in the Pipe I L , namely from N to R. Now , I say , the outmost and highest point , to which the Element of Air G H A B can raise the Mercury , is from O to P ; for by the Pressure of the Water A B E F , it rises from E to O. And the highest point , to which the said Air can raise the VVater , is from N to R. The reasons of these determinate altitudes , must be sought for , from the altitudes of the incumbing and pressing Fluids : for as these are less or more , so is the altitude of the Mercury , and of the VVater within the Pipes more or less . The hight therefore of the Mercury E O , is twenty nine inches , because the deepness of the pressing water A B E F is thirty four foot . And the hight of the VVater N R , is thirty four foot , because the hight of the Air G H , above A B , is six thousand fathom , or thereabout . And for the same reason , is the Mercury O P twenty nine inches . THEOREM XXVII . A lighter Fluid , is able to press with as great burden , as a heavier . Figure 2. THis Proposition is true , not only of VVater in respect of Mercury , but of Air in respect of them both : for albeit Air be a thousand times lighter then VVater , yet may it have as great a Pressure with it , as VVater ; as is evident from this second Schematism , where by the Pressure of the outward Air G H A B , twenty nine inches of Mercury O P are supported , as well as the twenty nine inches E O , by the Pressure of the VVater A B E F. So doth the same Air , sustain the thirty four foot of VVater N R , which are really as heavy , as the twenty nine inches of Mercury O P. Now , if the weight of the Atmosphere , be equivalent to the weight of thirty four foot of Water , or of twenty nine inches of Mercury , 't is no wonder to see Water press with as great weight as Mercury ; which is likewise clea● from this same Figure , where by the Pressure of the Water A B E F , twenty nine inches of Mercury E O are suspended , as truly as the Mercury C E , within the lower end of the Pipe , is supported by the outward invironing Mercury . The reasons of these Phenomena , are taken from the altitudes of the pressing Fluids : for though a Body were never so light , yet multiplication of parts makes multiplication of weight ; which multiplication of parts in Fluids , must be according to altitude : for multiplication of parts according to thickness and breadth will not do it . Observe here , that if as much Air , as fills the Tub between N and L , were put into the scale of a Ballance , it would exactly counterpoise the thirty four foot of Water N R , poured into the other scale . Item , that as much Water as will fill the Tub between E and A , is just the weight of the Mercury E O. Lastly , that as much Air as will fill the Pipe , between O and G , is just the weight of the Mercury O P. THEOREM XXVIII . The Pressure of Fluids , doth not diminish , while you subtract from their thickness , but only , when you subtract from their altitude . Figure 1. FOr understanding this , let us look upon the first Schematism , where there are four Pillars of Water . Now I say , though you cut off the three Columes of Water , upon the right side , yet there shall remain as much Pressure , in the quadrat foot of VVater Q , as was , while these were intire . But if you cut off from the top , the VVater E F G H , then presently an alteration follows , not only in the lowest parts , nigh to the bottom , but through all the intermediat parts : for not only the VVater Q loseth a degree of its Pressure , but the VVaters P and O suffer the same loss . This Theorem holds true likewise in order to the Element of Air. For if by Divine Providence , the Air should become less in Altitude , than it is ; then surely , the Bensil of the ambient Air , that we breath in and out , should be by proportion weakned also . And contrariwise , if the Altitude became more , then stronger should the Bensil be here , with us , in the lowest parts : both which would be hurtful to creatures , that live by breathing . For if the Altitude of the Air , were far more then it is , our bodies would be under a far greater Pressure , which surely would be very hurtful . And upon the other hand , if the Altitude of the Air , were far less then it is , we should be at a greater loss ; for then , by reason of the weak Bensil , we would breath indeed , but with great difficulty . THEOREM XXIX . A thicker Pillar of a Fluid , is not able to press up a slenderer , unless there be an unequal Pressure . Figure 3. FOr understanding this , let us suppose this third Schematism to represent a vessel with VVater in it , as high as A B , among which is thrust down to the bottom , the Pipe G H , open at both ends . I say then , the two thicker Pillars of Air E A , and F B , pressing upon the surface of the VVater A B , are not able to press up the Water H I , or the slender Pillar of Air I G within the Pipe , the one higher then I , the other higher then G. If it be said , they are heavier , because they are thicker . I answer , they are truly heavier , for the Pillar of Air F B apart , will be thrice as heavy , as the slender Pillar of Air I G. But , if you reckon the Pillar of Air E A , upon the left hand , both together , will be six times heavier , then the Air I G : yet are they not able , either severally , or conjunctly , to press up the Water H I , higher then I , or the Air I G , higher then G. For solving this difficulty , I must say conform to the fourth Theorem , that Fluid Bodies , counterpoiseth one another , not according to their thickness , and breadth , but according to their altitude only : therefore , seing the slender Pillar of Air I G , is as high , as either F B , or E A , it cannot be prest up by them . For by vertue of this equal hight , all the three press equally and uniformly , upon the surface of Water A B ; and therefore according to the twelfth Theorem , there can be no motion . But if so be , the Pillar F B , were higher then the Pillar I G , then surely would the Water H I , be prest up ; for in such a case , there is an unequal Pressure . Or if the Pillar I G , were higher then the Pillar F B , then surely would the Water I H be prest down , there being again an unequal Pressure : the Water within the Pipe , being more burdened then the Water about the Pipe. In a word , there 's no more difficulty here , then if the Pipe were taken away : in which case , there would be but one Pillar of Air , resting upon the surface of Water A B. If it be said , the Pipe being thrust down , makes of one Pillar , three distinct ones , and consequently a formal counter-ballance , or mutual sustentation . Be it so , yet because all these press uniformly , there can be no motion . THEOREM XXX . Fluids press not only according to perpendicular Lines , but according to crooked Lines . Figure 4. FOr proving this Proposition , let us suppose A B C D , to be a large Vessel full of VVater , as high as A N B , and a little Vessel lying within it , near to the bottom , closs above at M , but with an open orifice downward , as G , and having other two passages going in to it , upon the right , and left side , as E O , and F P. Now , I say , the Pressure of this VVater , is not only from N to M , in a Straight line downwards , but from E to O , and from F to P , by crooked lines . Nay , put the case this Vessel had no passage in to it , but by a Labyrinth , or entry full of intricate windings , yet the Pressure will be communicated , thorow all these , even to the middle of it : and which is more , the VVater H or I , within the Vessel , would be under the same degree of Pressure , with the VVater E or L , without , or with the VVater K or F. And which is strange , let us suppose both the entries E and F stopped , and nothing remaining open , but the hole G , which I judge no wider , then may admit the hair of ones head , yet thorow that smal hole , shall the Pressure be communicated , to the parts of the Water within , in as high a degree , as if the upper part of the Vessel E M L , were cut off , to let the Pressure come down directly . What is true in order to Water , the same is true in order to Air , or Mercury , or any other Fluid . For , though a house were built never so closs , without door , or window , yet if there remain but one smal hole in it , the Pressure of the whole Atmosphere , shall be transmitted thorow that entrie , and shall reduce the Air within the house , to as high a degree of Bensil , as the Air without . THEOREM XXXI . The Pressure , and Bensil of a Fluid , that 's in the Lowest foot , is equivalent to the weight of the whole Pillar above . Figure 5. FOr understanding this Proposition , let us suppose E F to be the lowest foot of a Pillar of Air , cut off from the rest , and inclosed in the Vessel E F , six inches in Diameter , or wideness , and twelve inches high . Now I say , the Bensil and Pressure , that 's in that one foot of Air , is exactly of as great force and power , as is the weight of the whole Pillar of Air , from which it was cut off . Let A B be that Pillar of Air , which I suppose is six inches thick , and six thousand fathom high . Take it , and weigh it in a Ballance , and say it weighs 500 pound , yet the Pressure , and Bensil , that 's in the Air E F , is of as much force : and if the one be of strength by its weight , to move , v. g. a great Clock , the other by its Bensil , will be of as much . This proposition is true also in order to Water . For put the case E F , were the lowest of 34 foot of Water : in it will be found as much Pressure , and force , as will be equivalent to the weight of the whole thirty three foot , from which it was cut off . But here occurreth a difficulty ; for if the Pressure , and Bensil of the foot of Air E F , be equivalent to the weight of the whole Pillar of Air A B , which weighs 500 pound , then must the slender Pillar of Air C D , that 's but two inches in diameter , be as heavy weighed in a ballance , as the thicker Pillar A B , which is absurd . I prove the connexion of the two parts of the Argument thus : as the Bensil of the Air G H , is to the Bensil of the Air E F , so is the weight of the Pillar C D , to the weight of the Pillar A B : but so it is , that the Bensil of the Air G H , is equal in degree to the Bensil of the Air E F , according to the Theorem 21. Where it 's said , that the Pressure of Fluids may be as much , in the least part , as in the whole : therefore the Pillar C D , and the Pillar A B , must be of equal weight , when both are weighed together in the opposite scales of a Ballance , which is false , seing the one is far thicker , and so heavier then the other . There 's no way to answer this objection , but by granting the Air G H , and E F , to be equal in Bensil , and yet the two Pillars unequal in weight , because according to the 22 Theorem , the Bensil of a Fluid is one thing , and the natural weight is another . THEOREM XXXII . In all Fluids there is a Pondus and a Potentia , a weight and a power , counterpoising one another , as in the Staticks . THat part of the Mathematicks , which is called Staticks , is nothing else , but the Art of weighing heavy Bodies ; in which , two things are commonly distinguished , viz. the pondus and the potentia , the weight and the power . 'T is evident , while two things are counterpoising one another in the opposite scales of a Ballance , as Lead and Gold , the one being the pondus , the other the potentia . The same two are as truly found in the Hydrostaticks : for while the Mercurial Cylinder is suspended in the Torricellian Experiment , by the weight of the Air , the one is really the pondus , the other the potentia . Or while into a Siphon , with the two orifices upward , Water is poured , there arises a counterpoise , the Water of the one Leg counter-ballancing the Water of the other ; this taking the name of a pondus , the other the name of a potentia . 'T is evident also , while a surface of Water , sustains a Pillar of Water , this being the pondus , that the potentia : Or , while a surface of Water sustains a Pillar of Air , the Pillar of Air being the pondus , and the surface of Water the potentia . Or , while a surface of Quick-silver sustains a Pillar of Water or Air ; the surface is the power , and either of the two is the pondus , or weight , as you please . THEOREM XXXIII . Fluid Bodies can never cease from motion , so long as the pondus exceeds the potentia , or the potentia the pondus . THis is a sure Principle in the Hydrostaticks , which will appear most evident ; while we pass thorow the subsequent Experiments , I shall only now make it appear by one instance , though afterwards by a hundred . In the Torricellian Experiment , lately mentioned , 't is observed , that though the Pipe were never so long , that 's filled with Mercury , yet the Liquor subsides , and falls down alwayes till it come twenty nine inches above the surface of the stagnant Mercury below . The reason whereof is truly this , so long as the Mercury is higher then the said point , as long doth the pondus of it exceed the potentia of the Air ; therefore the motion of it downward can never cease , till at last by falling down , and becoming shorter , it becomes lighter , in which instant of time , the motion ends , both of them being now in equipondia , or in evenness of weight . THEOREM XXXIV . When two Fluids of different kinds are in aequilibrio together , the height of the one Cylinder is in proportion to the height of the other , 〈◊〉 the natural weight of the one is to the natural weight of the other . FOr understanding this Theorem , we must consider , that when two Cylinders of the same kind , as one of Water with Water , or as one of Mercury with Mercury , are counterpoising one another , both are of the same altitude , because both are of the same natural weight . But when the two are of different kinds , as a Cylinder of Air with Mercury , or as a Cylinder of Air with Water , or as a Cylinder of Water with Mercury , then it will be found , that by what proportion , the one Liquor is naturally heavier or lighter , then the other , by that same proportion , is the one Cylinder higher or lower then the other . For example , because Air is reckoned 14000 times lighter then Quick-silver , therefore the Pillar of Air that counterpoiseth the Pillar of Quick-silver in the Torricellian Experiment , is 14000 times higher . The one is 29 inches , and therefore the other is 406000 inches : which will amount to 33833 foot , or about 6766 fathom , counting five foot to a fathom . And because Air is counted 1000 times lighter then Water , therefore the Pillar of Air that sustains the Pillar of Water is 1000 times higher . The hight of Water by the Pressure of the Air is 34 foot , and therefore the hight of the Air is a thousand times 34 foot . And because Water is reckoned 14 times lighter than Mercury , therefore you will find , even by experience , that the Pillar of Water , that counterpoises the Pillar of Mercury , is 14 times higher . For if the Mercury be ten inches , the Water will be exactly 140. If it be 29 inches , the Water will be thirty four foot . The reason is evident , because if one inch of Mercury be as heavy naturally as 14 inches of Water , it follows of necessity , that for making of a counterpoise , to every inch of Mercury , there must be 14 of Water , and these in altitude , each one above another . Hydrostatical EXPERIMENTS , For demonstrating the wonderful Weight , Force , and Pressure of the Water in its own Element . EXPERIMENT I. Figure 6. IN explicating the Phenomena of the Hydrostaticks , and in collecting speculative , or practical conclusions from them , I purpose to make choise of the plainest , and most easie Experiments , especially in the entry , that this knowledge , that 's not very common , and yet very useful , may be communicated to the meanest capacities . For , if at the first , any mystical , or abstruse Experiments , should be proposed with intricate descriptions , they would soon discourage , and at last hinder the ingenuous Reader from making progress , For , if a man do not take up distinctly , the Experiment it self first , he shall never be able to comprehend next the Phenomena , nor at last see the inferences of the conclusions . Next , though some of the trials may seem obvious , yet they afford excellent Phenomena , by which many profound secrets of Nature are discovered . And if that be , 't is no matter what kind they be of . Then , the grand design here , is not to multiply bare , and naked Experiments ; for that 's a work to no purpose , for it 's like a foundation without a superstructure : but the intention is , not only to describe such and such things , but to build such and such Theorems upon them , and to infer such and such conclusions , as shall make a stately building , and give a man in a short time a full view of this excellent Doctrine . For the first Experiment then , prepare a Vessel of any quantity , as A B C D , near half full of Water , whose surface is M H. Prepare also two Glass-pipes , the one wider , the other narrower , open at both ends , which must be thrust down below the Water , first stopping the two upper orifices E and F. This done , open the said orifices , and you shall see the Water ascend in the wider to G , and in the narrower to H. Now , the question is , What 's the reason , why the Water did not ascend , the orifices E and F , being stopped , and why it ascends , they being opened ? To the first part I answer , the Water cannot ascend , because the imaginary surface of Water L K is equally and uniformly prest : for with what weight the outward Water M L , and H K press the said surface , with the same weight , doth the Air within the two Pipes press it . To the second part I answer , the Water ascends , because the same surface ( the orifices E and F being opened ) is unequally prest : for the outward Water M L , and H K , press it more , then the Air within the Pipes do . The difficulty only is , why it is equally prest , the orifices E and F being stopped , and why it is unequally prest , the said orifices being once opened . To unloose the knot ▪ I must shew the reason , why the Air within the Pipes , press the surface L K , with as great a burden , as the outward Water press it . For understanding this , you must know , that when the orifice I is thrust down below the Water , there ariseth a sort of debate between the lower parts of the Water , and the Air within the Pipes , the Water striving to be in at I , and the Air striving to keep it out : but because the Water is the stronger party , it enters the orifice I , and causeth the Air retire a little up , one fourth part , or sixth part of an inch , above I , and no more , which is a real compression it suffers . For the orifice E being stopped , hinders any more compression , than what is said ; in which instant of time the debate ends , the Air no more yeelding , and the Water no more urging ; by which means the Air having obtained a degree of Bensil , more then ordinary , by the Pressure of that little quantity of Water , that comes in at I , presseth the part of the imaginary surface , it rests upon , with as great weight , as the outward Water presseth the parts it rests upon . But when the orifice E is opened , the outward water M L , and H K , press the imaginary surface L K more , than the Air within the Pipe can do . And the reason is , because by opening the orifice above , the internal Air , that suffered a degree of Bensil more then ordinary , presently is freed , and consequently becomes of less force , and weight ; which the Water finding , that hath a little entered the orifice I , instantly ascends to G , it being less pressed , then the Water without the Pipe. Now the reason , why it ascends no higher then G , is taken from the equal Pressure of the Body that rests upon the surface M G H : For , assoon as it comes that length , all the parts of the horizontal Plain of Water , is uniformly prest with the incumbing Air , both within the Pipe , and without the Pipe. The Water in going up , cannot halt mid-way between I and G , for then there should be an unequal Pressure in Fluids without motion , which is impossible ; for the Water is still stronger then the Air , till once it climb up to G. From this Experiment we see first , that in Water there is a Pressure and Force ; because having opened the orifice E , which is only causa per accidens of this motion , the Water is prest up from I to G. We see secondly , that Fluid Bodies , can never cease from motion , till there be an equal Pressure among the parts , which is evident from the ascent of the Water from I to G , which cannot halt in any part between I and G , because of an unequal Pressure , till it once climb up to G. We see thirdly , that Fluid Bodies do not sustain , or counterpoise one another according to their thickness and breadth , but only according to their altitude ; because there is not here any proportion between the slender Pillar of Water H K within the Pipe , and the outward Water that sustains it , I mean as to the thickness ; therefore 't is no matter , whither the Glass Tubs be wider or narrower , that are used in counterpoising Fluid bodies one with another . And this is the true reason , why 't is no matter , whither the Tub of the Baroscope be a wide one , or a narrow one , seing the Air doth not counterpoise the Mercury , according to thickness , that 's to say , neither the thickness of the ambient Air that sustains , nor the thickness of the Mercury that is sustained , are to be considered ; but only their altitudes . 'T is true , the element of Air is fourteen thousand times higher , then the Mercurial Cylinder , yet there is a certain and true proportion kept between their heights ; so that if the element of Air , should by divine providence become higher or lower , the height of the Mercury would alter accordingly . EXPERIMENT . II. Figure 6. TAke out of the Water , the wide Pipe E G I , and stopping the orifice I , pour in Water above at E , till the Tub be compleatly full . Having done this , thrust down the stopped orifice I to the bottom of the Vessel , and there open it , then shall you see the Water fall down from E to G , and there halt . The reason is taken from unequal Pressure ; for the Tub being full of Water from E to I , that part of the imaginary surface , upon which the Pillar of Water rests , is more burdened than any other part of it , namely more then L or K ; therefore seing one part is more burdened than another , the Cylinder of Water that causeth the burden , must so far fall down , till all the parts be alike prest , in which instant of time , the motion ceaseth . This leads us to a clear discovery of the reason , why in the Baroscope , the Mercury falls from the top of the Tub of any height , alwayes to the twentieth and ninth inch , above the stagnant Quick-silver . For example , fill the Pipe N Q , which is sixty inches high with Mercury , and opening the orifice Q , the Liquor shall fall out , and fall down from N , till it rest at R , which is twenty nine inch above the open orifice Q. The reason is the same , namely unequal Pressure , seing one part of the imaginary surface of Air X S , upon which the Cylinder of Mercury stands , is more burthened then the other next adjacent : therefore , so long and so far must the Mercury subside and fall down , till the part Q , upon which the Basis of the Pillar rests , be no more burthened , than the rest of the parts ; in which instant of time , the motion ceaseth , and there happeneth an equal ballance , between the Silver within the Tub , and the Air without . If it be said , I see a clear reason , why the outward Water M L , ought to sustain the inward G I , but cannot see , why the outward Air T Z S and V R X , ought to sustain the inward Mercury R X : neither do I see a reason , why it should halt at R , as the Water rests at G. I answer , though sense cannot perceive the one , as evidently as the other , yet the one is as sure as the other . For taking up the reason why it halts at R , 29 inches above X , you must remember , from the 25 Theorem , that the Pressure of the Air upon Bodies , is equivalent to the weight of 34 foot of VVater perpendicularly , or 29 inches of Quick-silver . The Pillars of Air then T Z S , and V R X , being as heavy each one of them , as two Pillars of Mercury , each one of them 29 inches high , it follows of necessity , that the Mercury within the Tub , must be as high as R. 'T is no wonder to see the Silver halt at R , provided R X , and Z S , were two bulks of Mercury , environing the Pipe , as the outward VVater environs the wider and narrower Pipe. Neither ought any to wonder , when the Silver falls down , and rests at R , nothing environing the Pipe but Air , seing the Pressure of the Air is equivalent to the weight of 29 inches of Quick-silver . This Experiment is easily made : take therefore a slender Glass-pipe of any length , beyond 30 inches , open at both ends ; but the lower and Q , must be drawn so small by a flame of a Lamp , that the entry may be no wider , than may admit the point of a small needle , or the hair of ones head . Then stopping the said orifice , pour in Mercury above at the orifice N , till the Pipe be compleatly full . Next , close the said orifice with wet Paper , and the pulp of your finger ; and opening the lower orifice , you shall find , ( which is very delightful to behold ) the Mercury spring out , like unto a small silver threed , and falling down from the top N , shall rest at R , the motion ceasing at the narrow orifice Q. This shews evidently , that there is not need alwayes of stagnant Mercury , for trying the Torrieellian Experiment ; but only when the mouth of the Pipe below is wide : for being narrow , the silver runs slowly out , and consequently subsides slowly above , and coming down slowly to R , there rests . But when the mouth is wide below , the silver falls down so quickly , that it goes beyond R , before it can recover it self , which recovery would never be , unless there were stagnant Mercury to run up again . From what is said , we see first , that when one part of a surface of Water or Air , is more burthened than another , the burthened part presently yeelds , till it be no more burthened than the other . This is clear from the falling down of the Water from E to G , which cannot be supported by the part I , because more burthened than the rest . We see secondly , that the element of Air , rests upon the surfaces of all bodies with a considerable weight ; otherwise it could not sustain the Water , before it fall down from E to G : for if it did not left upon the surface M H , with weight , the Water could never be suspended ; seing the application of the finger to the orifice E , is only the accidental cause of this sustentation . We see thirdly , that according to the difference of natural weight , between two Fluids , so is the proportion of altitudes between two of their Cylinders : therefore Air being reckoned 14000 times lighter then Mercury , it followes that the Cylinder of Mercury sustained by the Air , must be 14000 times lower and shorter , than the Cylinder of Air that sustaines it ; which appears from this experiment to be true , seeing by the Pressure of the Air , which is thought to be about 7000 fathom high , 29 inches of Mercury is supported between R and X. In a word , if Air be naturally 14000 times lighter than Mercury , which is very probable ; then must the altitude of it , commonly called the Atmosphere , be fourteen thousand times , nine and twenty inches , that is 406000 , or of feet 33833. EXPERIMENT III. Figure 6. WHile the outward , and inward Water are of the same altitude , withdraw the inward Air E G by suction , or by any other device you think fit , and you will find the Water rise as high as E , which I suppose to be 34 foot above M G H. The same Phenomenon happens , in taking the Air out of the narrow Pipe F K. The reason is still unequal Pressure ; for in removing the Air , that 's within the Pipe , the part of the surface M , and the part H , remaines burthened , while the part G is freed of its burden : therefore this part of the surface , being liberated of its burden , that came down through the Pipe , instantly rises , and climbs up as far , as the outward Air resting upon M and H , can raise it , which is to E 34 foot : for the Pressure of the Air upon the surfaces of all Waters , according to the 25 Theorem , being equivalent to the weight of 34 foot of Water , must raise the said Water in the Pipe 34 foot . You do not wonder , why it rises from I to G , as in the first experiment ; no more ought you to wonder , why it rises from G to E , seing the weight of the Air , doth the same thing , that 34 foot of Water resting upon the surface M H , would do . From this experiment we see first , that the Pressure of the Air , is the proper cause of the motion of Water , up thorow Pumps and Siphons , or any other instrument , that 's used in Water-works of that kind ; for if the weight of the Air , resting upon the surface M H be the cause , why the Water climbs up from G to E , the same must be the cause , why the stagnant Water followes the Sucker of the Pump , while it 's pulled up . And the same is the cause , why Water ascends the Leg of a Siphon , and is the cause , why motion continues after suction is ended . We see secondly , that every Pressing Fluid hath a Sphere of activity , to which it is able to raise the Fluid , that is pressed . This is evident in this experiment , because the Pressure of the Air resting upon M H , is able to raise the Water , the hight of E in the wide Pipe , and the hight of F in the narrow , and no further , even though the said Pipes were far longer : and this altitude and highest point is precisely 34 foot between Air and Water . We see thirdly , that 't is all one matter , whether Pumps and Siphons be wider or narrower , whether the tub of the Baroscope be , wherein the Mercury is suspended , of a large Diameter , or of a lesser Diameter . This is also evident from the same experiment ; seing there is no more difficulty in causing the Water ascend the wide Pipe , than in causing it ascend the narrow one . And the reason is , because the pressing Fluid repects not the pressed Fluid , according to its thickness and breadth ; but only according to its altitude . Therefore ' its as easie for the Air , to press up Water through a Pump four foot in Diameter , as to press it up through a Pump , but one foot in Diameter . EXPERIMENT IV. Figure 7. THis Schematism represents a large Vessel full of Water , whose first and visible surface is D E H K. The second , that 's imaginary is , L I , six foot below it . The third of the same kind , is M G , six foot lower . The fourth , is N F O , six foot yet lower . The last , and lowest , is A B C. There are here also four Tubs , or rather one Tub under four divers positions , with both ends open . After this Tub D A is thrust below the Water , till it ascend , as high as D in it , lift it up between your fingers , till it have the position of the second Pipe E F , and then you shall see , as the orifice of the Pipe ascends , the Cylinder of Water fall out by little and little , until it be no longer than E F. Again , lift it further up , till it have the position of the Pipe H G , then shall you find the Cylinder of Water become yet shorter . Lastly , if it be scituated , as the Pipe K I the internal Water becomes no longer than K I. The reasons of these Phenomena are the same ; namely unequal Pressure ; for the Orifice A being lifted up as high as F , it comes to the imaginary surface N O , which is not under so much Pressure , as the other is ; therefore one part of it being more burdened , than another , namely the part upon which the Cylinder of Water rests , it presently yeelds , and suffers the Cylinder to become shorter , and lighter , till it become no heavier , then is proportionable to its own strength . To make this reason more evident , it is to be noted , that no surface of Water is able to support a Cylinder higher then its own deepness , that is to say , if a surface be 40 foot deep , it is able to sustain a Cylinder 40 foot high , and no more : therefore the surface N O , being but 18 foot deep , it cannot sustain a Cylinder 24 foot long : for if that were , then the Potentia , should be inferiour to the Pondus , which is impossible in the Hydrostaticks . In effect , it were no less absurdity , then to say , 18 ounces are able to counterballance 24. For a second trial , lift up the same Pipe higher , till it acquire the position of the Tub G H ; in this case , the Cylinder of Water within it , becomes yet shorter , even no longer , than G H. The reason is the same , namely unequal Pressure ; for when a Cylinder of Water 18 foot high , comes to rest upon this surface , that is but 12 foot deep , it makes one part of it more burdened then another ; therefore the part that is more prest , presently yeelds , and suffers the Cylinder to fall down , till the Pondus of it , become equal to its own Potentia . For the last trial , lift up the Tub , till it acquire the position of the Pipe K I : in this case , the Water within it becomes no longer then K I , the surface L I , that is but six foot deep , not being able to sustain a Cylinder 12 foot high . From this Experiment we see first , that in all Fluid Bodies there is a Pressure , which is more or less , according to the deepness of that Fluid ; this is evident from the four several surfaces ; there being more Pressure and force in the lowest A B C , then in the next N O ; and more in this , then in the surface M G ; and more in this , then in L I. We see secondly , that in all Fluids , there is a Pondus and a Potentia ; which two are alwayes of equal force , and strength ; the Potentia is clear and evident in the surface , by supporting the Pillar ; which Pillar is nothing else , but the Pondus supported . And that they are alwayes of equal strength , is most evident also ; for when you endeavour to make the Pondus unequal to the Potentia , in making a surface 18 foot deep , to support a Pillar 24 foot high , they of their own accord become equal ; the Pillar becoming shorter , and suitable to the strength of the surface that sustains it . We see thirdly , that 't is impossible for one part of the same Horizontal surface , to be more burdened then another : for when you endeavour to do it , by setting a longer Pillar upon it , the part burdened instantly yeelds , till it be no more prest , then the next part to it . We see fourthly , that the inequality , that is between the Pondus and the Potentia in Fluids , is the proper cause of the motion of Fluids . For when you endeavour to make a surface 30 foot deep , sustain a Pillar 40 foot high , this inequality is the true cause , why the Pillar subsides , and falls down , and why the surface yeelds , and gives way to it . And this inequality is the true cause , why the motion of Water thorow Siphons continues . For understanding this , you must conceive a Siphon , to be nothing else , but a crooked Pipe with two legs , the one drowned among Water , the other hanging in the open Air. The use of it is , for conveying Wine or Water from one Vessel to another , which is easily done by suction . Now after suction is ended , the motion of the Water continues , till the surface become lower , then the orifice out of which it runs . The true reason then , why the Water flows out , is the inequality between the Potentia of the Air , and the Pondus of the VVater ; the Pondus being stronger then the Potentia . For in Air as in VVater , we must conceive Horizontal surfaces ; and these surfaces to be endowed with Pressure and force , as are the surfaces of VVater . Now when the leg of a Siphon is hanging in the Air , it must rest upon one surface or another , and consequently the VVater in it , must rest upon the same surface . If the Potentia of the surface be stronger , then the Pondus of the VVater ; the VVater is driven backward , which alwayes comes to pass , when the orifice is higher , then the surface of the VVater of the Vessel , among which the other leg is drowned . If the Potentia of the surface of that Air , be of equal power and strength , with the Pondus of the VVater , the VVater goeth neither backward , nor forward , but stands in equilibrio : this happens , when the orifice is neither higher , nor lower , than the surface of the VVater in the Vessel . But if the Potentia of the surface of the Air be weaker , than the Pondus of the VVater ; in this case , the Air yeelds , and suffers the VVater to run out , even as a surface 30 foot deep , yeelds to a Pillar of VVater 40 foot high . The same inequality is the reason , why VVater climbs up the Pump ; why VVater climbs up a Pipe , when a man sucks with his mouth . Before suction , the Potentia that 's in the surface of VVater , among which the end of the Pipe is drowned , is of equal force with the Pondus of the Pillar of Air , that comes down thorow the Pipe , or Pump ; but assoon as a man begins to suck , the said Pillar of Air becomes lighter ; and the VVater finding this , presently ascends . The same is the reason , why the Mercury falls down to 29 inches in the Baroscope , and no further : for as long as the Pondus of the Pillar of Mercury , exceeds the Potentia of the surface of Air , so long doth the motion continue ; and when both are become equal in force , the motion ceaseth . VVhen the Glass-tub is 40 inches long , and filled with Mercury , and inverted after the common manner , you are endeavouring as it were , to cause a surface 29 inches deep , sustain a Pillar 40 inches high , which is utterly impossible in Fluids ▪ It is judged by many a wonder to see the deflux of the Mercury in the Baroscope ; but in effect , there 's no more cause of admiration in it , than to see the Cylinder of Water grow shorter , by lifting the Pipe up from one surface to another . From this Experiment , we see the true reason , why the Mercurial Cylinder of the Baroscope becomes shorter and shorter , according as a man climbs up a mountain with it . For at the root of the hill , the surface of Air , that sustains the Pillar of Mercury , is of greater force , than the surface at the middle part : and this is stronger than any surface at the top . The Pipe therefore being carried up from one surface to another , the Mercury in it , must subside , and fall down , even as the Water falls down , and becomes shorter , by lifting the Pipe from the surface A B C D to the surface N O. And as the whole VVater would fall down , if the orifice I , were lifted above the surface D E H K , so if the Baroscope could be carried so high , till it came above the top of the Air , the whole Mercurial Cylinder would surely fall down . And as by thrusting down the said Pipe to the bottom of the Vessel again , as the Pipe D A , the VVater ascends in it ; so by bringing down the Baroscope to the earth again , the whole 19 inches would rise again . EXPERIMENT V. Figure 8. FIll the Vessel A D G H with VVater to the brim . Next , thrust down the open orifice of the Tub D A , to the bottom , and you shall see the VVater ascend in it , as high as D , according to the first experiment . When this is done , recline the said Pipe , till it ly as B E , and you shall find the Pipe , compleatly full of VVater . Next , erect the same Tub again as D A , and you shall see the Cylinder of VVater fall down , and become shorter , as at first . For salving this Phenomenon , and such like , I must suppose this VVater to be 50 inches deep , and the Tub I A , and B E 90 inches long : and the said Tub in reclining , to describe the quadrant of a Circle F E G. Now the question is , why there being but 50 inches of Water in the Tub , while erected , there should be 60 in it , when it is reclined ? Secondly , why there should be 90 inches of Water in the Tub B E , and but 50 in it , when it stands Perpendicular , as D A ? If you reply , because there are 90 inches in recta linea between the point B , and the point E , and but 50 between A and D. But this will not answer the case ; because , if you stop the orifice E , with the pulp of your Finger , before it be erected , you will find the Tub remain full of VVater , even while it stands Perpendicular ; and fall down , when the orifice is opened . Or , while the Tub stands Perpendicular , stop the orifice I , and recline it as B E : yet no more Water will be found in it , than 50 inches : but by unstopping the said orifice , the VVater climbs up from R to E , and becomes 90 inches . Now , what 's the reason , why it runs up from R to E , and why it falls down from I to D ? I answer then , the VVater must run●up from R to E , because of the inequality , that 's between the Pondus of the Cylinder B R , and the Potentia of the surface of VVater A B C , that supports the said Cylinder . For understanding this , know , while the Tub is erected , there is a perfect equality , between the weight of the Pillar A D , and the force or Power of the surface that sustains it , seing a surface 50 inches deep , supports a Pillar 50 inches high . But assoon as the Tub is reclined , there arises ane inequality between the saids two parties , the Pondus of the Cylinder becoming now less than before . If you say the quantity of the VVater is the same , namely 50 inches , in the reclined Tub , as well as in the Perpendicular . I grant the quantity is the same , but the weight is become less . Now the reason , why the same individual VVater , is not so heavy as before , is this ; there are 40 ounces of it , supported by the sides of the Tub within ; which were not , while the Tub was erected : for in this position , the whole weight of the Cylinder rests upon the surface : but while the Tub is reclined , the said surface is eased , and freed of 40 ounces of it ; this 40 , resting and leaning upon the sides of the Pipe within . The surface then , finding the said Cylinder lighter now than before , instantly drives it up from R to E , 40 inches . And likewise , when the reclined Pipe is made Perpendicular , the Water falls down from I to D , because of the inequality , that 's between the Pondus of the Pillar , and the Potentia of the surface ; this surface 50 inches deep , not being able to support a Pillar 90 inches high ; for if this were , then one part , should be more burthened than another , which is impossible . It is to be observed , that by how much the more , the Tub is reclined from a Perpendicular , towards the horizontal surface A B C , by so much the more growes the inequality , between the Pondus and the Potentia , and that according to a certaine proportion . Hence is it , that the Tub being reclined from 60 degrees to 50 , there arises a greater inequality between the Pondus of the Cylinder , and the Potentia of the surface , than while it is reclined from 70 to 60 : and more yet in moving from 50 to 40 , than in moving from 60 to 50 , and so downward , till it be horizontal , in which position , the whole Pondus is lost . And contrariwise , while the Pipe is elevated , the Pondus begins to grow ; and growes more , being lifted up from 10 to 20 , than from 1 to 10 : and yet more in travelling from 20 to 30 , than from 10 to 20 , and so upwards ; till it be Perpendicular , in which position , the Cylinder regaines the whole Pondus and weight , it had . This proportion is easily known , for it s nothing else , but the proportion of Versed Sines upon the line F B ; for according to what measure , these unequal divisions become wider , and wider from 90 to 1 , according to the same proportion does the Pondus of the Cylinder become less and less : and contrariwise , according to what proportion the said divisions become more and more narrow from 1 to 90 , according to the same measure and rate , does the Pondus of the Cylinder become greater and greater . EXPERIMENT VI. Figure 9. THis Schematism represents a Vessel fall of Water , whose first and visible surface is H I K ; the second , which is imaginary , is E F G : the third , A B C D. Besides these three in Water , conceive a fourth in the Air , above the Water , namely L M N. Upon this aërial surface , rests the orifice M , of the Tub T M , open above . Upon the surface E F G , is standing the mouth F , of the Pipe S F. And upon the surface A B C D , stands the Pipe R B , open at both ends . After the orifice B is drowned below the VVater , you will find the Liquor rise from B to H. Then close with the pulp of your Finger the mouth R , and lift the Pipe so far up , till it have the Position of the Pipe S F ; and you shall see the VVater hing in it between F and O. Lastly , bring the said orifice compleatly above the VVater , till it have the position of the Tub T M ; yet shall the VVater still hing in it , as M P. The first question is , what sustains the VVater I O ; for the part F I , is sustained by the ambient VVater ? I answer , it cannot be the pulp of the Finger closing the orifice S ; for though , by taking away the Finger , the VVater O I falls down , and by putting to the Finger , it is keeped up , yet this proves not the pulp of the Finger to be the principal , and immediat cause . I say then , the VVater O I is suspended by the weight of the incumbing Air , resting upon the surface H I K. For understanding this , consider , as I said before , 25. Theorem , that the Pressure of the Air upon all Bodies , is just equivalent to the weight of 34 foot of VVater . Hence then is it , that if the Air be able to sustain a Pillar of VVater , 34 foot high , it must be able to sustain the short Pillar O I , that exceeds not four foot . The second question is , whether the part F , be equally burthened with the part E , or G ; for it would seem not , seing the VVater O I F , is but four foot high ; whilest upon E or G is resting , not only more then a foot of VVater to the top H I K , but the whole weight of the Atmosphere upon the said top is resting , which is equivalent to the burden of 34 foot of VVater . I answer , there 's more to be considered , than that four foot of VVater , which in it self is but of small burden , therefore to this we must add the weight of the Air between O and S , within the Pipe ( remember that the orifice S is stopped with the pulp of the Finger ) which in effect will be as heavy as 31 foot of VVater . Put the case then , F , to be one foot below the first surface H I K , and the VVater O I to be three foot , then ought the Air O S , to have the weight of 31 foot , because the surface E F G is able to support a Pillar of 35 foot . This I prove , because the part E , de facto , sustains 35 foot , because the Air above is equivalent to 34 foot of it , and there is a foot of VVater between it and the top , namely between E and H. The third question is , how it comes to pass , that the Water still remains in the Pipe , after the orifice M is brought above the surface of the Water ; for there is here no stagnant Water guarding it , as guards the orifice F. I answer , that the base M , of this Pillar of Water P M , as really rests upon the horizontal surface of this Air L M N , as a Cylinder of Brass or Timber rests upon a plain Marble Table , and after the same manner . Remember that the orifice T is stopped all this time , with the pulp of the Finger . If it be said , that the part M , is more burdened then the part N , seing it sustains four foot of Water , which the part N supports not , and the Air P T within the Pipe also , which is of as much Bensil and Pressure , as the Air N Y is of . For clearing of this difficulty , consider , that the Pillar P M is shorter now than before ; for the orifice M coming up from D , some inches of Water falls out , as will be found by experience . Suppose then , that of four foot , six inches fall out ; if this be , then the inclosed Air between P and T , must be 〈◊〉 inches longer , if this be , then of necessity the Bensil of it must be proportionably remitted and slackened : whence follows by Metaphysical necessity , that it cannot burden the Water P M , with as much weight as it had , and consequently the surface of Air cannot be so much burdened . It must then be no more bu●dened with them both together , than it is with the single Pillar of Air Y N. If then the Water P M , be three foot and an half , the weight of the enclosed Air T P , must be exactly the weight of thirty foot of Water and an half . From this experiment , we see first the Pressure of the Air , for by it the Water O I is suspended , and by the same pressure is the Water P M suspended . We see secondly , that in Air , there is a power of dilating it self , and that this dilatation never happens , without a relaxation of the Bensil . We see thirdly , that one Fluid cannot sustain another , unless the Potentia of the one , be equal to the Pondus of the other , as is clear from the Aërial surface , that cannot sustain the whole four foot of Water , but suffers six inches of it to fall out , that the Pondus of the rest , and the Air above it , may become equal to its own Potentia . We see fourthly , that Fluid Bodies have not only a power of pressing downward , but of pressing upward likewise : as is clear from the Water O I , that 's suspended by the Air pressing down the surface of Water H I K. It presseth upward also , while it supports the Water P M. This Experiment also answers a case , namely , whether or not , it is alwayes needful to guard the orifice of the Tub of the Baroscope with stagnant Quick-silver ? I say then , it is not alwayes needful , provided the orifice be of a narrow diameter ; for experience tells , that while it is such , the Mercury will subside , and halt at 29 inches above the orifice , though no stagnant Mercury be to guard . In making this trial , the orifice must be no wider , than may admit the point of a needle . Or suppose it to have the wideness of a Tobacco-pipe , yet will the Mercury be suspended , though the end be not drowned among stagnant Quicksilver , even as the Water P M , is kept up without stagnant Water about it . For trial of this , you must first let the end of the Pipe , be put down among stagnant Mercury , and after the Cylinder is fallen down to its own proper altitude , lift up the Pipe slowly , till the orifice come above the surface , and you will find , provided you do not shake the Pipe , the Cylinder to be suspended after the same manner , immediatly by the Air , as the Water P M is . EXPERIMENT VII . Figure 10 , 11. TAke a Vessel of any quantity , such as A B C D E , and fill it with VVater . And a Glass-pipe , such as G F D , of 15 or 20 inches long , of any wideness , closs above , and open below . Before you drown the open end among the VVater , hold the Glass before the fire , till it be pretty hot , and having put it down , you will see the VVater begin to creep up till it come to F , where it halts . The question now is , what 's the reason , why the VVater creeps up after this manner , 10 or 12 inches above the surface A B ? I answer , the heat having rarified the Air within , and by this means , having expelled much of it , and the Air now contracting it self again with cold , the VVater ascends , being prest up with the weight of the incumbing Air , resting upon the surface of Water A B. There is here surely an inequality between a Pondus and a Potentia , that must be the cause of this motion . I judge then the inequality to consist between the weight of the Air within the Pipe , and the surface of Water C D E. To explicate this , I must suppose the Pipe to be thrust down cold ; in this case , little or no Water can enter the orifice D. And the reason is , because the Pondus of the Air within the Glass , is equal to the Potentia of the surface C D E. But when the Pipe is thrust down hot , much of the Air having been expelled by the heat , and now beginning to be contracted by cold , the Pondus of the Air becomes unequal to the Potentia of the surface , and therefore this , being the stronger party , drives up the Air within the Glass , till by this ascent , the Pondus of the Air G F , and the Pondus of the Water F D together , become equal to the Potentia of the surface C D E , that sustains them . For a second trial ; bring a hot coal near to the side of the Glass , between G and F , and you will find the Water to creep down from F toward the surface A B ; and if it continue any space , it will drive down the whole Water , and thrust it out at D. To explicate this , I must suppose that heat , by rarifying the Air within the Glass , intends and increaseth the Bensil of it , and the Bensil being now made stronger , there must arise an inequality between the Pondus of the said Air , and the Potentia of the surface C D E ; the Air then , being the stronger party , causeth the surface to yeeld . By comparing this Experiment with the former , we see a great difference between the dilatation of Air , of its own accord , and by constraint . For while it is willingly expanded , the Bensil begins to grow slack , and remiss , and loseth by degrees of its strength ; even as the Spring of a Watch by the motion of the Wheels , becomes remiss . But when the dilatation is made by heat , and the Air compelled to expand and open it self , the Bensil becomes the stronger , and the Pressure the greater . Notwithstanding , though the Bensil of this inclosed Air G F , may be made stronger by heat , to the expulsion of the Water F D , yet if this rarefact on continue any time , the Bensil becomes dull and slack . And the reason is , because Air cannot be expanded and opened to any quantity ; an inch cannot be dilated and opened to an hundred , or to a thousand : neither can the Bensil of it be intended , and increase to any degree , v. g. from one to 20 , 30 , or 100. And therefore , as the expansion grows , the Bensil must at length slacken . But if so be the Air were inclosed , as in a bladder knit about the neck with a string , then the more heat , the more Bensil : for in this case there is a growth of Pressure , without dilatation . And sometimes the Bensil may be so intended with the heat , that the sides of the bladder will burst asunder . From this Experiment we see first a confirmation of the 21 Theorem , namely , that there may be as much Bensil and Pressure , in the smallest quantity of a Fluid , as in the greatest ; as is clear from the Bensil of the Air G F , which in effect counterpoiseth the weight of the whole Atmosphere , resting upon the surface of Water A B. We see secondly , that when the pondus , and the potentia of two Fluids , are in equilibrio , or of equal strength , a very small addition to either of them , will cast the ballance . For if a man should but breath softly upon the side of the Glass between G and F , or lay his warm hand to it , the said Air will presently dilate it self , and by becoming thus stronger , thrust down the Water , and so overcome the potentia of the surface . We see thirdly a confirmation of the sixth Theorem , namely , that the Pressure of Fluids is on every side ; as is clear from the inclosed Air G F , that not only presseth down the Water F D , but with as great force presseth up the top of the Glass within , and presseth upon all the sides of it within , with the same force . This Experiment also , leads us to the knowledge of two things : First , of the reason , why with cold the Water ascends in the common Weather-glasses ; and why in hot weather the Water descends . Secondly , from this Experiment we may learn to know , when the Air is under a greater Pressure , and when under a lesser : because when the Air becomes heavier , as in fair weather , the Water creeps up in some measure , it may be two or three inches ; when there is no alteration as to heat and cold : and in foul weather , or in great winds , when the Air is really lighter , the said Water creeps down as much . If it be asked , how shall I know , whether it be the cold of the Air , or heaviness of the Air , that causeth the Water to ascend ; and whether it be the heat of the Air , or the lightness of the Air , that causeth the Water to descend ? I have proposed this question of purpose , to let you see a mistake . Many believe , that the ascent and descent of Water in common Weather-glasses , is allanerly from the heat and coldness of the Air ; and therefore they conclude a cold day to be , because the Water is far up : whereas the Water hath ascended since the last night , by reason of a greater weight in the Air , which alwayes is , when the weather is dry , and calm , though there hath been no alteration of heat to cold . If it be asked , how come we to the knowledge of this , that the pressure and weight of the Element of Air , is sometimes less , and sometimes more ? I answer , this secret o Nature , was never discovered , till the invention of the Torricellian Experiment , otherwise called the Baroscope . For after the falling down of the Quick-silver to 29 inches : if you suffer it to stand thus in your Parlour or Chamber , according as the Pressure , and weight of the Element of Air , becomes more or less , so will the Altitude of the Mercury become less or more , and vary sometimes above 29 inches , and sometimes below . This alteration is very sensible , which is sometimes the tenth part of an inch , sometimes the sixth , and sometimes the third , according as the weight of the Air is less or more . From December to February , I found the alteration become less and more from 30 inches to 28 , which will be three fingers breadth . The common Weather-glasses then are fallacious , and deceitful , unless they be so contrived , that the Pressure of the Air cannot affect them , which is easily done by sealing them Hermetically , and in stead of common Water , to put in Spiritus Vini rectificatissimus , or the most excellent Spirit of Wine , and strongest that can be made . It may be here inquired , whether or not , Mercury would ascend in this Glass , as the Water does ? I answer it would ; because the ascent depends only upon the Pressure of the Air , incumbing upon the stagnant Liquor in the Vessell , that 's able to drive up Mercury as well as Water . It may be inquired secondly , how far Mercury will ascend , and how far Water will creep up ? I answer , Mercury can ascend no higher in a Tub , than 29 inches ; and Water no higher , than 34 foot ; and this onely happens , when there is no Air above the tops of the Cylinders to hinder their ascents . But when there is Air , as G F above the liquor , it can go no higher , than the point to which the cold is able to contract the inclosed Air , which is in this Glass , the point F. It may be inquired thirdly , which is the greater difficulty , whether or not Mercury , will rise as easily in a Tub as Water ; for seeing , it s 14 times heavier , it seemes the Air should have greater difficulty to press it up , than to press up Water ? I answer , 't is greater difficulty for the Air to press up 20 inches of Mercury , than to press up 20 inches of Water ; yet it s no greater difficulty , for the Air to press up 20 inches of Mercury , than to press up 23 foot of Water , because the burden and weight is the same . It may be inquired fourthly , whether or not , it be as easie for the Air , to press up a thick and gross Cylinder of Water , as to press up a thin and slender one ? For example , whether is it as easie for the Air to press up a Cylinder of Water 10 inches in Diameter , and 10 foot high , as it is to press up one , two inches in diameter , and 10 foot high ? I answer , there is no more difficulty in the one , than in the other : and the reason is , because Fluid bodies do not counterpoise one another according to their thickness , but only according to their altitude , according to the fourth Theorem . Therefore seeing the slender Cylinder is as high as the grosser , it must be no more difficult to the Air , to press up the one then the other . There is one difficulty yet remaining , which is truely the greatest of all ; namely what 's the reason , why its more difficult to the Air , to press up 20 inches of Mercury , than to press up 20 inches of Water : or more difficult to the Air , to press up 20 inches of Mercury , than to press up 10 ? I answer , this comes to pass , because the Air is more burthened with 20 inches of Mercury , than with 10. Now , if this be , then surely it must be more hard to the Air , to do the one , than to do the other : even as it is more hard ; for a man , to lift up from the ground , 20 pound of iron , than to lift up 10 or 15. The case may be better illustrated after this manner . Suppose a man standing on the ground , with a rope in his hand , coming down from a Pulley above , drawing up a weight to the top of the house : put the case likewise , the weight be a stone of 20 pound , and the weight of it , to increase successively , as it is pulled up . Now its easie for the man to pull up the stone the first fathom ; because it is but 20 pound weight : but the stone becoming 40 pound in the second fathom , and 60 in the third , and 80 in the fourth and so forth , untill it become 1000 , he will find the greater difficulty , the longer he pulls . 'T is just so with Air , or Water , raising Mercury in a Tub ; for as the Cylinder of the Mercury grows higher by rising , so it becomes heavier , and consequently the imaginary surface , upon which the Base of the Pillar rests , is more and more burdened , and so becomes less and less able to press it up . This leads us to a clear discovery of the reason , why 't is more difficult by suction , to pull up Mercury in a Pipe , than to pull up Water ; and more hard to suck up ten foot of Water , then to suck up five . For trial of this , which is soon done , take a slender Glass-pipe 30 or 40 inches long , open at both ends , and drown the one end among Quick-silver , and put your mouth to the other , and having sucked , you will find greater difficulty to pull up thorow the Pipe 15 inches of Mercury , than to pull up 10 , or 8 ; and far greater difficulty to suck up 20 ▪ than to pull up 15. It may be objected , that if a man had strength sufficient in his Lungs , to suck out the whole Air of the Pipe , thirty inches of Mercury would come as easily up , as three , which seemes to prove , that the difficulty of the Mercurie's up-coming , depends not upon the weakness of the Air , but upon the weakness of the Lungs , and want of strength to suck . I answer , though a man were able to suck out the whole Air of the Pipe , yet 30 inches , will never ascend so easily , as ten , nor ten so easily as three , and that for the reasons already given . But why is it then , ( say you ) that the stronger the suction be , the higher the Mercury ascends in the Pipe ? I answer , the suction serves for no use , but to remove the impediment , that hinders the Mercury from coming up , which is nothing else , but the Air within the Pipe. Now , the more of this Air that 's taken away by suction , ( the stronger the suction is , the more Air is taken away ) the ●arder up comes the Mercury . But why ought there to be difficulty in the suction of Mercury , to the altitude of 15 or 20 inches , more than in the suction of Water to that altitude ? I answer , when I suck Water up thorow a Pipe , the suction of the Air above it , is easie ; because the ascending Water helpes much to drive it up to the mouth , the outward Air driving up both , But the suction is difficult in Mercury , because the ascending liquor , does not help so much , to drive up the Air to the mouth , as the Water does . And the reason is , because the Air , being more burdened with 15 inches of Mercury , than with 15 inches of Water , cannot so easily drive up the one as the o●her , and so Mercury cannot so easily drive up the Air of the Pipe to the mouth , as Water does . In a word , according to the difference of specifick weight , between Water and Mercury , so is the difficulty of suction ; therefore , because Mercury is 14 times heavier than Water , there is 14 times more difficulty , to pull up the one , than the other . Note , that suction is not taken here strictly , as contradistinguished from pulsion ; but in a large sense , as it may comprehend it . To proceed a little further , let us suppose the Pillar of Mercury ( see the 11. Figure ) G H , that 's raised by the surface of Air F G , to be 29 inches , and every inch to weigh one ounce . Secondly , that the said surface has 29 degrees of power or force in it : for in all counterpoises the Pondus and the Potentia are equal ; therefore , if the Mercury be 29 inches , the Potentia of the surface must have 29 degrees of strength or force in it , to counterballance the Pondus . These things being supposed , which are evident , let us imagine the surface of Air , to raise the Mercury one inch above F G. In this case , the surface is weaker than it was ; which I prove evidently , because it is now but able to raise 28 of Mercury . Imagine next , the said surface to have raised the Mercury two inches above F G , then it follows , that it must be yet weaker , because it 's now but able to raise 27 inches : for by supporting two ounce of the Pondus , it loseth two degrees of it's own Potentia . In rai●ing three inches of Mercury , it is three degrees weaker ; and in raising four , it is four degrees weaker , and so forth ; therefore , having raised 28 inches , there is but one degree of force remaining in the surface . And when it hath raised the whole , namely 29 , it is no more able , and can no more press . For confirmation , put the case that the surface of Air F G , were as able , and had as much Pressure in it , after it hath raised 29 inches of Mercury , as it is after the raising of 10 ; then it follows of necessity , that after the raising of 20 , it shall raise 19 moe , which is impossible , seing the greatest altitude is 29. It follows of necessity , ( I say ) because after the raising of 10 , it is able to raise 19 moe : therefore if it be as able after 20 , as after 10 , it must raise 19 after 20. Yea , if it be as able after 20 as 10 , it must be as able after 29 as 10. If this be , then it may raise other 29 , and a third 29 , and so in infinitum . Therefore , I conclude , that when two Fluid Bodies are in equilibrio one with another ; or when the pondus is equal to the potentia , none of them doth actually press upon another , at least the surface hath lost all its Power and Pressure , which is also evident in the Pillar . For understanding this , let us suppose A C B ( Figure 11. ) to be a Pipe 58 inches long , and full of Mercury , and every inch of it to weigh one ounce . Now , when the orifice D is opened , there is here as great an inequality , between the pondus and the potentia of the surface of Air E B , on which it rests , as was between the surface F G , and the pondus of Mercury H G. For as F G had 29 degrees of power to raise G H , so the Pillar A B has 29 ounce of weight , to overcome the surface E B. And as the surface F G , became one degree weaker , by raising one inch of the Mercury H G , and two degrees weaker , by raising two inches , and so forward , till it lost all its Pressure ; so the Pillar , by falling down one inch , loseth one ounce of the weight ; by falling down two , it loseth two ounce , and so forward , till by falling down from A to C , it loseth all its Weight and Pressure . But here occurreth a difficulty ; for if the surface F G , hath lost all its Pressure , by raising the Mercury from G to H ; and if the Pillar C B , hath lost all its Pressure , by falling down from A to C ; it follows , that when a Pillar of a Fluid , and a surface of a Fluid are in equal termes , or brought to an equipondium , there is no Pressure in them at all . For answer , consider first , that in all counterpoises , there are necessarily two things , the movens and the motum , the thing that moves , and the thing that is moved . Secondly , you must consider the motum , to have a pondu● or weight in it , and the movens to have a potentia , or power , wherewith it moves that weight . Thirdly , that as the thing that moves , hath a power or force in it self , whereby it moves , so the thing that is moved hath a power or force in it self , whereby it resists the motion . Fourthly , that sometimes the resistance of the thing moved , may exceed the power of the movent , as when a Quarrier with a Leaver , endeavours to prize up a stone too heavy for him : or the power of the movent , may exceed the resistance of the weight ; or both may be of equal power . Consider fifthly , that as the pondus of the thing moved , begins to grow more and more , so the power of the movent decreaseth proportionably ; not absolutely , as heat is extinguished in Water by the cold Air , when it is removed from the Fire , but respectively . For example , when a man holds a ballance in his hand , with six pound in the one scale , and but one pound in the other , if you add another pound , the weight grows more , and the power and force of the opposite scale grows less proportionably ; not absolutely , for it still remains six pound , but respectively : that 's to say , six pound is less in respect of four , than in respect of five ; or the resistance of six pound is less , two counterpoising it , than being counterpoised by one . When a third is added , the weight grows yet more , and consequently the resistance of the opposite scale becomes yet less , till by adding the sixth and last pound , you augment and encrease the pondus to that same degree of strength , that the resistance of the opposite scale is of . From these considerations , I say , the surface of Air F G , hath not lost all its Pressure absolutely , by raising the Mercury from G to H , but only respectively , because it still retains 29 degrees of force in it self . I say respectively , because when the Mercury is raised ten inches , the power of the Air which is of 29 degrees of force , is less in respect of ten ounce , then in respect of five ; or the power of 29 degrees of force is less , being counterpoised by ten ounce , than being counterpoised only by five . And when it is raised 20 , it is yet less in this respect , than in respect of ten . And when it has raised the Mercury to the greatest altitude H , it may be said to have lost all its Pressure , seing it is not able , by vertue of a counterpoise , to do any more . Even as six pound in this scale , may be said to have lost all its resistance and weight , by putting in the other scale , first one pound , next two pound , and then three pound , till the last be put in , at which time it hath no more resistance . Though this be , yet it still remains six pound . Even so , the Air F G still remains of the same force and power , while it suspends the Mercury G H , that it was of before . Likewise , the Pillar A B , cannot be said to have lost all its pressure absolutely , by falling down from A to C , but only respectively , because the said Pillar C B , is still 29 ounce weight . I say respectively , because in falling down ten inches , or in losing ten ounce , the weight that 's now but 48 , is less , in respect of 29 , than while it was 58. It is yet less , when it hath fallen down other ten , because being now but 38 , it must be yet less in respect of 29 , than 48. And when it hath fallen down to C 29 , it may be said to have lost all its weight , because it can do no more , having respectively lost all its Pressure . From what is said , we see a clear ground to distinguish in Fluids a pondus and a potentia . Secondly , that the potentia may sometimes exceed the pondus , and contrariwise the pondus may exceed the potentia . Thirdly , that inequality of weight , between the pondus and the potentia , is the cause of motion of Fluids . Fourthly , that the motion never ceaseth , till the pondus and the potentia become of equal force . This conclusion is not so universal as the rest , because the motion may sometimes cease , before this be . For example , when the Air is p●●●●ing Mercury up thorow a Tub shorter then 29 inches , the motion ends before there be a perfect counterpoise ; for 20 or 15 inches of Mercury , can never counterballance the force and power of the Air. In such a case then , there is an unequal Pressure , the Air pressing the Mercury more , than the Mercury doth the Air. EXPERIMENT VIII . Figure 12. TAke the Vessel A B C D , and fill it with Water , as high as H I. Take next a Cylinder of stone F G , and drowning the half of it among the Water , suspend it with a chord to the beam N O , with a ring at E. Now in this case , though the stone do not touch the bottom of the Vessel , yet the Water becomes heavier , than before . For discovering the true reason of this , I suppose first , the weight of the Water , before the stone be drow●ed , to be 40 pound . I suppose next , that after the stone is drowned , the said Water to weigh 50 pound . And lastly , the stone to weigh 60 pound . I say then , the Water must be 10 pound heavier than before , because it supports 10 pound of the stone . 'T is certain the beam is less burdened by 10 pound than before . If this be , then surely the Water must sustain it . It were great temerity and rashness , to averr that neither the Beam , nor the Water sustains it , which is really to say , it is sustained by nothing . It cannot be said without ignorance , that 10 pound of the stone is evanished , and turned into a Chimera . If it be said , how can such a Fluid Body as Water , be able to support any part of the weight of the stone , that is such a heavy Body ? I answer , there is here no difficulty , for if the imaginary surface K L , upon which the 10 pound of the stone rests , be able to sustain 10 pound of Water ( I suppose the stone taken away , and the place of it filled with Water ) then surely it must also be able to sustain 10 pound of the heaviest metal ; seing ten pound of Lead , or Gold , or Stone , is no heavier than 10 pound of VVater . If some say , this rather seems to be the reason , why the Water becomes heavier , after the stone is drowned , because it possesseth the place of as much Water , as would weigh 10 pound ; not ( as was said ) because the VVater supports 10 pound of it . Therefore it may be judged , and thought , that if the space that the stone occupies , were filled with Air , or some light Body , without sensible weight , the VVater would become heavier than before . For example , if instead of the stone , there were placed a bladder full of wind , within the VVater , and tied to the bottom with a string , that the surface might swell from H I to A B , the VVater of the Vessel would become as much heavier than before , as is the bulk of VVater , equal to the quantity of the bladder . Therefore , the VVater becomes heavier , not because it supports any part of the stone , but because the stone occupies as much room and space , as would contain 10 pound of VVater : for by this means the drowned stone raiseth the VVater from H I to A B ; and so the Cylinders A C , and B D , being higher , press with greater weight upon the bottom C D , even with as much more weight , as if the space that the stone occupies were filled with VVater . For answer to this , we shall make this following Experiment . Take the Vessel M P V X , and fill it with VVater to Q R. Next , take a large bladder W Y full of wind , and tying the neck with a threed , thrust it below the Water , and fasten it to the bottom , with a string , to the Ring Z. This done , the Water swells , and rises from Q R , to M P. Now , if it be true , that the Water in the Vessel becomes heavier , not because it supports 10 pound weight of the stone , but because the stone occupies the room of 10 pound of Water ; then it ought to follow , that after the bladder is tyed below the Water , the said Water should become heavier , than before , even by three pound ; for I suppose a bulk of Water , equal to the bulk of the bladder , to weigh as much . And the reason is , because ( as you say ) the quantity of the bladder W Y , makes the water swell from Q R to M P , by which means the Pillars of Water M V , and P X becomes higher , and so presseth with greater weight upon the bottom V X. For clearing this difficulty , I say , when a bladder is thus below the VVater , tyed to the bottom , the VVater becomes not three pound heavier : for when you place the Vessel with the VVater and bladder , in the Scale of a Ballance , the said VVater weighs no more , than if it wanted the bladder : therefore the VVater becomes not heavier , because the stone possesseth the room of 10 pound of Water , but because the Water sustains 10 pound of the stone . Now the reason , why the bladder makes not the water heavier , though it raise it from Q R to M P , is this ; because though verily there be a greater Pressure then before , even upon the bottom of the Vessel , yet because moe parts are not added , the natural weight cannot be augmented , which essentially depends upon the addition of these parts . If it be replyed , the Experiment of the bladder is to no purpose , because it being knit to the bottom , pulls up the Vessel , with as great force , as the growth of the Pressure bears it down , and so the Bladder cannot make the Water heavier . But , if so be , it were possible , that the Bladder could remaine within the middle of the Water , without being knit to the bottom , and consequently without pulling up the Vessel , then surely the Pillars of Water M V , and P X , being higher , would press with greater weight upon the bottom , and so make the Vessel , and the Water weigh more in the ballance : for 't is to be supposed , that during all this time , this Vessel with the Water , is in one scale , and a great weight of stone or lead , in the other . So would the Water A B C D become heavier likewise , provided the space and room , that the stone fills among the Water , remained intire , after the stone is taken away : because that room and empty space remaining , would keep the surface , as high as A B , by which means , the Pillars A C and B D , being higher , would press with greater weight upon the bottom , and cause the Water weigh more in the ballance . I answer , though by some extraordinary power , the bladder could remain below the water , of its own accord , as it were , and though the space and room , by that same power , which is left by the stone , were keeped empty , yet shall they never be able to make the Water heavier . As to the reason , that 's brought , I answer , the rising and swelling of the Pillars , will make indeed a greater Pressure upon the bottom of the Vessel , but because this Pressure may be produced , and generated without the addition of new parts , therefore , it can never make the Water heavier : for if this were true , then it would follow , that the more a body is comprest , it should be the heavier , which is contrary to sense , and experience . This Pressure is like unto Bensil , that cannot weigh in a ballance , though the thing bended do weigh ; as a Bow that weighs so many pounds , but the Bensil of it weighs nothing : Next , will any man think , that a Cub of Water six foot high , and six foot thick , will weigh more in a ballance , then it did , after it is turned into a long square Pillar 216 inches high ? I grant , there is near 60 times a greater Pressure , upon the bottom of the Vessel , yet because this Pressure is generated , without the addition of new parts , it cannot make the Water heavier . Moreover , it is mechanically possible to keep the VVater S T V X , under that same degree of Pressure it hath , though the rest above were taken away : if this be , then it ought to be as heavy , as the whole , seing it still Presses the bottom , with that same degree of Pressure , it had from the whole : but what is more absurd , than to say , one part of VVater , is as heavy , as the whole ? e. g. a pint as heavy as a gallon . If it be said , the Pressure , and the weight , are but one thing , at least effectively , which is sufficient to the purpose in hand , as is clear from the Theorem 23. I answer , they are but one thing indeed , in order to the Ballance of Nature , but they are neither formally , nor effectively the same thing in order to the Libra or Artificial Ballance , whereof we are now treating . I shall conclude with this ; while the Vessel with the VVater , is thus placed in the Scale of the Ballance , and in equilibrio , with the opposite Scale , cut the string that tyes the bladder to the bottom , and when it comes above , you will find the VVater , just of the same weight it was of : for though the surface M P , by taking out the bladder , settle down to Q R , yet there 's no alteration made in the weight . From this I gather , that if the swelling of the VVater should make it heavier , then the subsiding and falling down of it , ought to make it lighter . From these Experiments we gather first , that in VVater there is a Pressure , because it sustains 10 pound of the stone F G. Secondly , that whatever heavy body is weighed in Water , it loseth just as much of its weight , as the bulk of Water weighs , it puts out of its place . This is evident , because the stone is 10 pound lighter in VVater , than in the Air , because the VVater that would fill the room of the stone , is just of that weight . VVe see thirdly , that the Pressure of VVater , and the natural weight of it , are two things really distinct ; because the Pressure may be augmented , without any increment of the natural weight . VVe see fourthly , that the Pressure , or Bensil of a Fluid , cannot affect the Scale of a Ballance , but only the natural weight . VVe see fifthly , that a body naturally heavier than Water , weighs in Water , because the stone F G , makes the Water about it , 10 pound heavier . If it be inquired , whether bodies , that are naturally lighter , will weigh in Water ? I answer , if they be of any sensible weight , they weigh , as well as the other . For this cause , I except Air. For though they were never so light , in respect of Water , yet if they have any considerable gravity with them , they will make the Water heavier , they are among . Put the case the Body were a Cube of Timber of six inches , weighing sixteen ounces , and that a Cube of Water of that quantity , weighed 112 ounces . Here 's a great inequality , between their natural weights : yet if that piece of Timber , were made to exist in the middle of Water , as the Bladder doth , it would make it 16 ounces heavier . The reason is this ; these 16 ounces are either supported by a surface of Water , or they support themselves . This last is impossible . If the VVater support them , then must they make the said VVater 16 ounces heavier . Note , that though a Body naturally lighter then VVater , as Cork , may be said to weigh in Water , that 's to say , to make it heavier , in which sense VVater weighs in Water , because if you add a pint to a gallon , it makes it heavier ; yet if you take a piece of Cork , and knit it to the Scale of a Ballance , by a threed , the Cork hanging among the VVater , the Scale hanging above in the Air , it will not weigh in Water ; because in this sense , no Body weighs in Water , but that which is naturally heavier then VVater , as Lead , or Stone . In this sense , VVater doth not weigh in Water , as will be seen in the 17 Experiment . EXPERIMENT IX . Figure 13. Take a Glass-pipe 70 inches long or there-about , and of any wideness , having the upper end H , hermetically sealed , the lower end C compleatly open , and fill it with Mercury , and cause a Diver carry it down to the ground of the sea M N , where I suppose is standing the Vessel A B D E with stagnant Mercury , and drown the end below the surface A B. This being done , the Mercury falls from the upper end H , to the point G , and there halts ; the space H G being empty . For understanding this Experiment , I shall propose several questions , and answere them . First , what 's the reason , why the Mercury subsides , and sinks down from H to G ? I answer , as formerly in the like cases , inequality of weight between the Pondus of the impending Quick-silver , and the Potentia of the surface , of the stagnant Quick-silver D C E. For while the Tub is compleatly full , the weight is so great , that the surface D C E , is not able to sustain it , therefore it must fall down , seing motion necessarily followes in Fluids , upon inequality of weight . It may be inquired secondly , why it halts at G , 58 inches from A B , and comes no further down ? I answer it halts at G , because when it hath fallen down to that point , there happens equality of weight , between the suspended Pillar , and the foresaid surface : for whatever weight the said Pillar is of , the surface on which it rests , is of the same . In a word , the Pondus of the one , and the Potentia of the other are now equal . For understanding this , consider according to the 25 Theorem , that the weight of the Element of Air , upon the surfaces of waters , is equivalent to the burden of 34 foot of water , therefore the first and visible surface of this Water L I K , is really as much prest , with the burden of the Atmosphere , as if it had 34 foot of Water upon it . Consider next , that between the said surface , and the ground M N , are 34 foot of Water indeed . Consider thirdly , that a Pillar of Water 34 foot high , is exactly of the same weight , with a Pillar of Mercury 29 inches high ; for if Water be 14 times lighter than Mercury , then they cannot be of equal weight , unless the one be 14 times higher than the other . Now , supposing the weight of the Air upon the surface L I K , to be equivalent to 34 foot of Water , or ( which is the same thing ) to 29 inches of Mercury , the surface of the stagnant Mercury A B , must be as much burdened with the incumbing Water , and the Air together , as if it had really resting upon it , a Pillar of Mercury 58 inches high . If this be , then it follows by necessity , that there must be an equality of weight , between the pondus of the Mercury in the Tub , and the potentia of the surface D C E ; Or ( which is all one thing ) that the part C , on which the Pillar rests , is no more burdened , than the part D or E. For if 34 foot of Water , and 34 foot of VVater , be equivalent for weight , to 58 inches of Mercury , then must the part D and E , be as much burdened with the said weight , as the part C is burdened with the Pillar within the Tub , seing both are of the same height : therefore the power , and force of the imaginary surface of the stagnant Mercury D C E , is of the same strength , with the weight of the Pillar G F B. And this lets us see the reason , why the whole 70 inches cannot be suspended ; for if the outward Pressure that 's upon A B , be but equivalent to the Pressure of 58 , it can never make the surface D C E able to support 70. To make it evident ( if any doubt ) that the Mercury is suspended by the weight of the Water , and the weight of the Air superadded , let a Diver bring up this Engine to the top of the Water , and he will find the one half to have fallen down , namely from G to F , the other half F B remaining . And if it were possible , to convey this Experiment to the top of the Air , the Bearer would see , the remaining half to fall down likewise , and become level with A B ; for where no Pressure of Air is , there can be no Mercury suspended . This falling down , is not all at once , but by degrees , and keeps a proportion with the Pressure of the Air , that grows less and less , from the ground to the top . From this Experiment we see first , the great Pressure and weight , the Elements of Air and Water are under , seing this Water , that 's but 34 foot deep , sustains the Mercury between G and F , 29 inches , as much between F and E , being kept up by the Pressure of the Air. We see secondly , that this Pressure is according to Arithmetical Progression , as 1 , 2 , 3 , 4 , 5. because in going down the first 14 inches , the Mercury rises one inch ; in going down the second 14 inches , it rises two ; in going down the third 14 inches , it rises three , and so forward . We see thirdly , though a VVater were 100 fathom deep , yea 1000 , yet the Pressure of the Air above is found at the bottom : for supposing this Experiment were 100 fathom deep , yet would the Air from above have influence upon it , to sustain so many inches of the Mercurial Cylinder . A Diver then , 10 or 15 fathom under the VVater , must be burdened with the weight of the Air , as well as with the weight of the VVater , so must the Fishes , though never so deep . We see fourthly , that the parts of a Fluid cannot cease from motion , so long as there is an inequality of weight between the pondus and the potentia . This is clear from the falling down of the Mercury from H to G. And assoon as equality of weight happens , the motion ends . This is clear from the Mercurie's halting at G. Fifthly , that in Mercury , as well as in Water , or Air , surfaces may be distinguished , and that these surfaces , are endowed with a Potentia or power , begotten in them by superior and extrinsick weight . This is clear from the imaginary surface D C E , that 's made powerful to support 58 inches of Mercury in the Tub , and that by the weight and Pressure of the Air resting upon A B. Sixthly , that , as two Fluids differ in specifick and natural weight , so they differ in altitude , when they counterpoise one another . This is clear from the disproportion that 's between the altitude of the Mercury suspended , and the height of the Water , and Air suspending . G F then is 29 inches , and the deepness of the Water from K to N is 34 foot , because Water is naturally 14 times lighter than Mercury . F B is likewise 29 inches , and the hight of the Air , that rests upon the surface of Water is six or seven thousand fathom high ; because Air is 14000 times naturally lighter than Mercury . Seventhly , that Fluid Bodies counterpoise one another , not according to their thickness and breadth , but only according to their altitude . This is evident ; for though this Tub were never so wide or narrow , yet the altitude of the Mercury is unchangeable . Hence it is , that the thickest . Pillar of Water in the Ocean , is not able to suspend more Mercury , than the slenderest , I mean as to altitude . And hence it is , that the smallest Cylinder of Mercury , no thicker than a silk threed , is able to counterpoise a Pillar of Water , of any thickness whatsoever . We may conclude lastly , that when a Diver is 20 fathom under the Water , he is under as much burden , as if he were under 14 or 15 foot of Quick-silver . Suppose a man lying on his belly , within a large Vessel , and 14 or 15 foot of Mercury poured in upon him , surely it may be thought , that such a burden were insupportable . But put the case , the Diver were down 40 fathom , then must the burden be doubled . This follows , because if a Pillar of Water 34 foot high , with the weight of the Air superadded , be as heavy , as 58 inches of Mercury , then surely a Pillar 20 fathom high , or 100 foot , must be as heavy as 170 inches , which is more than 14 foot . EXPERIMENT X. Figure 14. AGainst the former Experiment , there occurres some difficulties , which must be answered . As first , if it be the Pressure of the Water , that sustains the Mercury in the Tub ( see the 13. Figure ) then the weight of the said Mercury ought not to be found , while the Tub is poi●ed between a mans Fingers . But so it is , that when a Diver grips the Tub about the middle , and raises it a little from the bottom of the Vessel , he not only finds the weight of the Tub it self , but the weight also of the 58 inches of Mercury that 's within it . But this ought not to be , if the said Mercury , be sustained by the outward Water . In a word , it ought not to be found , because the said Pillar of Mercury , as really stands , and rests upon the imaginary surface D C E , as a Cylinder of Brass or Stone , rests upon a plain Table of Timber or Stone . If then , it be supported by the said surface , why ought I to find the weight of it , when I lift up the Pipe a little from the bottom of the Vessel ? For clearing this difficulty , consider , that when the Mercury falls down from H to G , it leaves a so●● of vac●ity behind it , wherein there is neither Air nor Water . Consider secondly , that for this cause , there happens an unequal Pressure ; the top of the Tub without , being burdened with the Pillar of Water I H , which actually presseth it down , and nothing within between G and H , that may counterballance that downward Pressure . These things being considered , I answer to the difficulty and say , it is not the weight of the suspended Mercury that I find , but the weight of the Pillar of Water I H , that rests upon the top of the Tub. If it be said , the Pressure of a Fluid is insensible , and cannot be found . I answer , it 's true , when the Pressure is equal and uniform , but not when the Pressure is unequal , as here . If it be asked , how comes it to pass , that the Pillar of Water I H , is exactly the weight of the 58 inches of Mercury ? I answer , besides the said Pillar , there is another of Air , that rests upon the top of it , which two together are exactly the weight of the suspended Mercury ; I H being of the same weight with the Mercury G F , and the foresaid Pillar of Air , being of the same weight with the Mercury F B. To make it more evident , remember that one inch of Mercury , is exactly the weight of 14 inches of Water ; and that one inch of Mercury , is of the same weight with 14000 inches of Air. If this be , then must the Pillar of VVater I H , that 's 34 foot high , and of the same thickness with the 29 inches of Mercury G F , be of the same weight with it , seing 29 inches are to be found 14 times in 34 foot . For the same reason , is the Pillar of Air , namely S I , that rests upon the top of the Pillar of VVater I H , of the same weight with the 29 inches of Mercury F B. For after a just reckoning , you will find , that 29 inches will be found 14000 times in the Pillar of Air , that rests upon the Pillar I H. Or in a word , the hight of the Air is 14000 times , 29 inches . But here occurrs another difficulty . Let us suppose there were a Tub six foot high , one inch wide , having the sides , 3 inches thick . Imagine likewise the said Tub to be under the water 34 foot , with 58 inches of Mercury in it , as is represented in this 14 Figure . This being supposed ▪ the Pillar of Water E A F C G D , must be far heavier , than the 58 inches of Mercury H B. The reason is clear , because the said Pillar , is not only 34 foot high , but as thick , as the Diameter of the Tub , whose sides are three inches thick . I answer , the whole weight of that Water E A F C G D is not found , while a man poises the Tub between his fingers , but only the weight of the part G A , which is exactly the weight of the Mercury H B. But here occurrs the great question , namely , why I find only the weight of the Water G A , and nothing of the weight of the Water , C E , or D F ? I answer , I cannot find the Pressure of the Water C E , because it is counterpoised with the upward Pressure of the Water I K. And for the same reason , I cannot find the weight of the Water D F , because it is counterpoised by L M ; but because there is nothing between H and A , to counterpoise the downward Pressure of the Water G A , therefore I find that . If it be objected , that the Water I K , cannot counterpoise the Water C E , because the one is farder down than the other , and consequently under a greater Pressure , than the other . I answer , though I K be stronger than C E , yet a compensation is made by the weight of the Tub. For understanding this , let us suppose the Water C E , and D F , to press downward with the weight of six pound , and the Water K I , and L M , to press upward with the weight of ten pound , there being four pound in difference . Suppose next , the Tub to weigh in the Air ten pound , and in the Water only six pound . If this be , then according to the eighth Experiment , and eighteenth Theorem , four pound weight of the Tub must rest upon the surface I L. And if this be , then must the Water I K , and L M , be four pound weaker with the Tub , than without it , and must only have six pound of upward Pressure . From these Experiments we conclude first , the truth of the tenth Theorem , namely that the weight of a Fluid is only found by sense , when the Pressure is not uniform , and equal . This is evident from our finding the weight of the Pillar of Water I H , as in the 13 Figure . We conclude secondly , that in all Fluids , there is a pondus and a potentia ; as is clear from the pondus of Water E A F C G D ; that presseth down the Tub , and the potentia of the Water I K L M , that presseth up the same Tub. We see thirdly , that there cannot be two surfaces of Water differing in altitude , but they must differ in degrees of Pressure : because the surface E A F , is weaker , than the surface I L , that being higher than this . We see fourthly , that two surfaces differing in strength , may be made equal by some Body or other interveening ; because , though I L be stronger than E A F , yet seing it supports four pound of the Tub , it presseth up with no more force , than E A F , presseth down with . We see fifthly , that a Body suspended in a Fluid , as in Air , or in VVater , may have one part of it prest equally with that Fluid , and another part unequally : this is evident , because the parts E and F , are equally prest with the Pillars C E , and D F , seing this Pressure is counterpoised with the Pressure of VVater , I K , and L M. But the middle part of the Tub A , is unequally prest , seing it is prest downward , with the VVater G A , but not prest upward with the Mercury B H. VVe see sixthly , that whatever be the thickness of a Pillar of a Fluid ; yet no more of its weight is found , or is sensible , than the part , which presseth unequally : for though E A F C G D , be a Pillar six or seven inches thick , yet no more of the Pressure is sensible , than what comes from G A. VVe see seventhly , that a Body equally prest with a Fluid , weighs less , but a Body unequally prest ▪ weighs none at all . This is clear in many particulars ; for a Stone weighed in VVater , loseth not all the weight , but a pa●t , because it is equally pressed . But a Body unequally prest , as is the Mercury H B , hath no weight at all , as it now stands . For understanding this , you must consider , that the whole weight of it tests upon the surface of VVater I L. Therefore though it could be weighed by a string , passing from the top H , to a Ballance existing in the Air ; yet the said Ballance would find none of its weight , seing it is wholly suspended by the VVater ; but a Stone so weighed , is only suspended in part , by the Water . EXPERIMENT XI . Figure 15. A M Z C is a Water 15 foot deep . A B a Glass-tub 14 inches long , and full of Mercury . B C a Pillar of Water 13 foot , 10 inches high , thorow whose middle goes a string to the scale of the Ballance K , existing in the Air. D E is a Tub full of Mercury 28 inches long , with a Pillar of Water above it E F , 12 foot and eight inches . G H a Tub 42 inches long , with a Pillar of Water above it H I , 11 foot and six inches high . And lastly , A D G S M an imaginary surface , 15 foot deep . This Experiment is brought hither , to demonstrate that a heavy Body , weighs as much in Water , as in Air , which is point-blank to the common received opinion , and destructive of the 18 Theorem . To evince this , I must suppose the 14 inches of Mercury in the Tub A B to weigh 14 ounce ; and the 28 inches of Mercury D E , to weigh 28 ounce ; the 42 inches G H to weigh ( I mean in the Air ) 42 ounce . Now I say , to make a just equipondium between the two Scales K and L , there must be 14 ounce put into the Scale L. If after this manner you weigh the Tub and Mercury D E , 28 ounces will be required in the Scale L , and 42 , if you weigh the Tub and Mercury G H. For proving this Doctrine , I must appeal to Experience , which will not fail in this . If you reply , and say , upon supposition the Tub and Mercury G H , were a solid piece of brass , or iron thus suspended in the Water , ought it not to weigh less here than in the Air , even as much less , as is the weight of the quantity of Water , it puts out of its place : why then should not the Pipe H G , with the Mercury in it , do the same , seing there is no apparent difference between them , as to this ? But to leave this , which will appear afterwards , and to let the Reader see the truth of the 18 Theorem , I affirm , 't is not the weight of the 14 ounces of Mercury A B , that burdens the scale of the Ballance K , and that makes a counterpoise with the 14 ounces of Stone , or Lead , that 's in the scale L. What then is it , you say ? I answer , 't is 14 ounces of the Pillar of Water B C that does this . Neither doth the weight of the 28 ounces of Mercury D E burden the Ballance , but only 28 ounces of the Water E F. Neither doth the Ballance support the weight of the 42 ounces of Mercury G H , but it is only burdened with 42 ounces of the Water H I. The reason is most evident , because according to the Principles of the Hydrostaticks already laid down , the Cylinder of Mercury A B , within the Tub A B , rests immediatly upon the imaginary surface of the Water A D G , and therefore cannot burden the scale in any wise . The same is true of the other two Cylinders of Mercury . But in this I find small difficulty . The greater is , how to make it out , that the scale K , supports 14 ounces of the Water B C , and 28 of the Water E F , and 42 of the Water H I. To make this seem probable , consider first , as was noted , that this VVater is 15 foot deep , and consequently the Pillar of VVater B C , 13 foot 10 inches . The VVater E F 12 foot eight inches . And H I , 11 foot and a half . Consider secondly , though this be true , yet we must count the Pillar of VVater Z M 49 foot high . The reason is evident , because the Pressure of the Air , upon the surface of all Waters ( according to the 25 Theorem ) is equivalent to 34 foot of Water : this then being added to 15 , makes 49 , and by this reckoning the Water B C is 47 foot ten inches : the Water E F 46 foot eight inches : And lastly , the Water H I 45 foot six inches . Thirdly , for easie counting , I must suppose the whole Cylinder Z M to weigh 42 ounces , every 14 inches one ounce : and consequently the Water B C to weigh 41 ounces ; the Water E F to weigh 40 ounces ; the Water H I 39 ounces . Note , that in Physical demonstrations , 't is not needful to use Mathematical strictness in counting ; and so leaving out fractions , we shall onely use round numbers . Consider fourthly , that in all Fluids , as hath been frequently marked , there is a pondus and potentia , the Water B C being the pondus , and the Mercury A B the potentia , the one striving to press down the Tub , the other striving to press it up . Consider fifthly , that by how much the more a Body suspended in a Fluid is pressed up , by so much the less the weight that presseth it down is fo●nd : and contrariwise , by how much the less it is pressed up , by so much the more the Pressure above is found . Consider sixthly , the less that a surface of Water is burdened , the more able it is to counterballance the opposite Pressure , and the more it is burdened , it is the less able . Consider seventhly , that the Mercury A B , ( which is evident in all Fluids ) not only presseth downward , and burdens the surface A D G , but also presseth upward , and therefore actually endeavours to th●ust up the Tub ; and so it is , that the Tub is pressed between two , namely between the Water C B , and the Mercury within it . Now from these considerations I say , the scale K , must support , and bear up 14 ounce of the Water B C : for seing the Mercury is supported by the surface of VVater on which it rests , it cannot by any means burden the ballance with its weight ; and seing it actually presseth up the Tub , ( according to the seventh consideration ) it must so much the more counterpoise ( according to the sixth ) the opposite Pressure of the VVater B C , and consequently diminish the weight of it : so that the Ballance cannot support the whole , but a part . For according to what degrees of force , the Mercury presseth up the Tub with , according to the same , must the Pressure upon the top of the Tub be diminished , and so if the Mercury press up the Tub with the force of 27 ounce , the VVater B C must press it down with 14 ounce only , and so the Cylinder B C , that weighs really 41 ounce , must press the top of this Tub only with 14 , which 14 ounce really counterpoiseth , the 14 ounce of Stone in the Scale L. But how is it made out , that the Mercury A B , presseth up with 27 ounce ? For understanding this , remember , that the VVater is 49 foot high , taking in the Pressure of the Air , and that a VVater of that deepness is able to support 41 inches of Mercury , every inch weighing one ounce . For if 14 of Water , be able to support one of Mercury , 49 foot , or 567 inches , must support 41. If then , the part of the surface A , be able to weigh 41 , it must have of upward Pressure 27 ounces , seing it's counterpoised de facto only with 14. Take notice , that in the Hydrostaticks , the word pressing , or weighing , as really and truly signifies a weighing up , as a weighing down , seing it is no less essential to Fluid Bodies to move upward , than downward , and that with equal force , and weight . According to this reasoning , the Ballance supports 28 ounces of the Water E F , ( Imagine the second Tub to be suspended as the first ) seing the Cylinder of Mercury D E , presseth up the Tub only with the weight of 12 ounce , which 28 ounce , really counterpoiseth the 28 ounce of Stone in the Scale L. But why doth the Mercury A B press up with 27 ounce , and the Mercury D E with 12 ? For answer , remember , ( according to the sixth consideration ) the shorter a Cylinder of Mercury is , the surface upon which it rests , is the stronger , and more able to press it up ; and contrariwise , the longer it is , the surface is the more unable and weak : therefore . A B being shorter , and lighter than D E , the surface of Water must press it up with greater force : so that if the said surface A M , be able to press up the Mercury A B with 27 ounce , it must press up the Mercury D E only with 12 ounce . According to this rule , if the Mercury A B were 15 inches high , it would press up only with 26 ounce , if it were 16 , with 25 : if 17 , with 24 : if 18 , with 23 , and so forward . This leads us to a clear discovery of all the secrets here : for if the Mercury A B , thrust up the Pipe , with the weight of 27 ounce , then must the Scale K , be eased of so much weight , and so much must be subtracted from L. Now let us imagine the Pipe A B , to be empty both of Air , Water , and Mercury : in this case 41 ounce must be in the Scale L , to counterpoise it , seing the whole Cylinder B C , that weighs so much , does now really counterpoise it . Let us imagine next , these 14 inches of Mercury to rise , and fill the Tub A B : in this case , there happens a great alteration ; because the rising of them , are really equivalent to the subtracting of 27 ounce from the Scale L ; and the reason is , because by so rising and filling the Tub , they thrust up the said Tub , and by this means easeth the Scale K , of so much weight . Now this Scale being eased , you must of necessity take out from L 27 ounce for making a new counterpoise . And lastly , the Scale K must support the whole weight of the Water H I , which is 39 ounce , nothing remaining to counterballance this downward Pressure , and consequently to ease the Ballance . How then is it counterpoised ? For clearing this , you must remember that this Water , that 's really 15 foot deep , must be reckoned ( as I said ) 49 , because of the Pressure of the Air upon the top , that 's equivalent to 34. If then it be so , it cannot raise Mercury higher in a Tub than 42 inches ; the one being 14 times heavier than the other : so that if 14 inches of Water , cannot raise Mercury higher than one inch , 49 foot cannot raise it higher , than 42 inches : for as 14 inches , are to one inch ; so is 49 foot to three foot and an half , which is 42 inches . Now I say , the whole weight of the Water H I , rests upon the top of the Tub , and so presseth down the Scale K , to which you must imagine this Tub , knit by a string , as the former was , nothing remaining to counterpoise this downward Pressure : for the top of the Mercurial Cylinder being raised as high within the Pipe , as the surface of Water D G S , is able to raise it , the said top can impress no force upon the Tub within , to thrust it up , and so to ease the Scale K. For example , when a man erects upon his hand a Cylinder of Timber , or any such like thing , which is the outmost he can support , he will not be able to impress any impulse , upon the seiling of a room above his head ; but if so be , in stead of that taken away , there be one lighter erected , which he is able to command , he can easily thrust up the seiling at his pleasure . Just so it is here ; for the 42 inches of Mercury , being the outmost , that the surface of Water D G S is able to bear , it cannot impress any impulse therewith upon the top of the Tub within : but easily can the Cylinder D E impress an impulse , and more easily the Cylinder A B , seing they are lighter , and so more powerful . To evidence this a little more , let us imagine two things , first , the Tub G H to be empty , as if vacuity were in it . In this case the top of the Tub ought to bear the whole burden of the Water , and consequently the Ballance to bear it also : because there is not a potentia within the Tub , to counterpoise this pondus . Next , let us imagine the Tub to be only full of Water : according to this supposition , the Ballance cannot be in the least part burdened ; because the Water within the Pipe , presseth it up with as much force , as the Water I H presseth it down : and if any thing should burden the Ballance , it would be only the weight of the Pipe , that 's not considerable . From what is demonstrated , we see first , that though this Experiment would seem to prove at the first , that a heavy Body weighs as much in the Water , as it doth in the Air , because the whole weight of the Mercury A B is found in the scale L , yet 't is not so , because the 14 ounce of Stone L , doth not counterpoise any of the Mercury A B , but 14 ounce of the Pillar of Water B C. Secondly , there 's here a clear ground , for asserting a pondus and a potentia in Fluids ; because this Tub A B , is prest down with the VVater B C , and prest up with the Mercury within it . Thirdly , there 's here a clear ground for asserting the Pressure of VVater , even in its own place ; because the Water B C , counterpoises by it's weight , the 14 ounce of Stone L. Fourthly , we see an excellent way for finding the weight of any Cylinder of Water ; for whatever be the weight of the Mercury in the Tub , the Cylinder of Water , that rests upon the top , will be of the same weight exactly ; this is evident in comparing the weight of the Mercury G H , with the weight of the Water H I. Fifthly , that whatever be the height , and weight of a Pillar of Water , yet the Ballance can sustain no more of it , than the just weight of the Mercury : this is also evident , because the scale of the Ballance , supports no more of the weight of the Water B C , than the just weight of the Mercury A B. We see sixthly , the further down a Pipe with Mercury goes through Water , the greater is the Pressure it makes upon the top of the Tub within : for put the case , this were 100 foot deep , the Mercury G H , that wants all upward Pressure now , would press up the Tub with 40 ounce : the Mercury D E with 55 , and the Mercury A B with 70. We see seventhly , the shorter a Cylinder of Mercury be , it is the stronger in pressing ; and longer it be , it is the weaker ; for there 's more strength in A B , than in D E. We see eighthly , that the strength decayes , and grows , according to Arithmetical progression , as 1 , 2 , 3 , 4 ; because if you make the Cylinder G H 41 , that 's now 42 , it presseth up with one ounce . Make it 40 inches , it will press up with two ounces of weight . Make it 39 , it presseth up with three . And contrariwise , make the Cylinder D E 29 inches , that 's now but 28 , it will press up with 11 ounce only . ( VVith 28 it presseth up with 12. ) Make it 30 inches high , it will press up with 10. If it be 31 inches , it presseth up with nine , and so forward . Lastly , make the Cylinder A B 15 inches , that 's now but 14 , it presseth up with 26 ( with 14 , it presseth up with 27 ) make it 16 , it presseth up with 25 ; make it 17 , it presseth up with 24. We see ninthly , that in Fluids , we may make a distinction between a sustentation , and an equipondium . 'T is evident here , because there 's a perfect equipondium between the 42 inches of Mercury G H , and the outward Water that 's 49 foot deep . But 't is not so , between the said Water , and the Mercury D E ; because the said Water is able to raise the said Mercury 14 inches higher : therefore the Water only sustains the Mercury D E , but counterballances the Mercury G H. We see tenthly , that the pondus of the pillar of Water B C is counterpoised by two distinct powers really . The one is the 14 ounce of Stone in the scale L , the other is the 14 inches of Mercury A B , that as really thrusts up the Water , as the scale K pulls it up , by vertue of the opposite weight . Eleventhly , take away the Stone L , and you will find the Pipe with the Mercury A B sink down : this happens , not because the surface of Water on which it rests is not able to sustain it , but because the 14 ounce of the Water B C , that was supported by the Stone , doth now press it down . Twelfthly , the more a Body is unequally pressed by a Fluid , the more of the weight of that Fluid is sensible ; and the more equally a Body is pressed , the less sensible is the weight of that Fluid : this is evident , because there 's a greater weight of the VVater H I found in the Ballance ( it takes 42 ounce to counterpoise it ) than of the VVater E F , which is counterpoised with 28 ounce : and the reason is , because the top of the Tub H , supports the whole 39 ounce of VVater H I , the Mercury within the Tub , not being able in the least to counterpoise it , or thrust it up . But because the Tub D E , is more equally pressed ( the VVater E F presseth down with 40 , and the Mercury D E presseth up with 12 ) therefore less weight of the VVater E F burdens the Ballance , only 28 ounce . Hence it is , that because the Tub A B , is more equally pressed , than either D E or G H , there 's less of the weight of the VVater B C , found in the Ballance , only 14 ounce . Thirteenthly , if in the instant of time , while the Tubs are thus suspended in the VVater , the Pressure of the Air above were taken away , and annihilated ; then first , the 42 inches of Mercury G H would fall down , to about 13 inches . Secondly , the 28 inches of Mercury D E , would fall down to as many . And lastly , the 14 A B , would sink down to the same height . The reason is , because the Pressure of the Air being equivalent to 34 foot of VVater , no more would remain but 15 foot , which is the real height , according to Z M. But 15 foot of Water , cannot sustain moe inches of Mercury than about 13. And consequently , first , 14 ounce of Stone in the Ballance , would counterpoise the whole Water B C. The reason is , because the Water B C is but of 14 ounce ; and the Mercury A B , being but 13 inches high , could impress no impulse upon the top of the Tub within , that 's 14 inches high . Secondly , 13 ounce of Stone in the Scale L , would counterpoise the whole Water E F , seing E F is but 13 ounce . Thirdly , the same weight ( one ounce being deduced ) would counterpoise the Water H I , because in this case , it weighs but 12 ounce , To proceed a little further , imagine the Pipe G H to be suspended by the ballance , as the Pipe A B is ; and then a little hole opened in the top H , to suffer the Water to come in , till the Mercury subside 14 inches , namely from Q to O ( imagine this Tub to be the other ) and then stop it . The reason why the VVater rusheth in , and presseth down the Mercury , is the force and Pressure of it : for the said VVater , finding the Cylinder in equilibrio with the outward VVater , presently by its own weight , casts the scales , which is easily done , seeing the surface G S M supports as much burden as it can . But that which is more considerable is this ; after the subsiding of the Mercury from Q to O ; the equilibrium that was between the scale of the ballance , and the VVater Q R is destroyed : for whereas 42 ounces were required before ; 29 will now do it . For understanding the reason of this , consider that between Q and O , are 14 inches of VVater rushed in , which are equivalent to one inch of Mercury . Next , according to former reasonings , the ballance must support 29 ounces of the VVater Q R ; because in this case , the top of the Pipe within , is pressed up with the weight of 13 ounces ; which in effect , diminisheth as much of the downward Pressure of the VVater R Q , which before had the burden of 39 ounces . But why is the Tub prest up with 13 ounces ? I answer , because the Mercury , that before was 42 inches , is now but 28 , or having the 14 inches of Water Q O above it , it is 29 , therefore being shorter , the surface G S M is the more able to Press it up , even with as much more force , as it is in inches shorter . In the second place , let in as much Water more , as will depress the Mercury other 14 inches , namely from O to P. In this case , 16 ounce of stone will make an equipondium ; because , the 14 inches of Mercury P S , and the 28 inches of Water P O Q , being a far lighter burden by 26 , than the 42 inches of Mercury , the surface G S M must be far abler to press them up now , than before : and therefore , must diminish as much of the downward Pressure of the VVater Q R , that burdens the Ballance , as themselves wants of weight : seing then , the whole Cylinder of Mercury , and Water together , are but equivalent for weight to 16 inches of Mercury , the top of the Tub within , must be prest up with 26 ounce ; and therefore they by their upward Pressure , must diminish 26 ounce of the weight of the Water R Q , that weighs 39. Lastly , let in so much VVater , as will depress the last 14 inches P S ; and you will find no more weight required in the Ballance to make an equipondium , than counterpoiseth the simple weight of the Tub , which is not considerable . The reason is , because , the part S , of the surface G S M , being liberated of the burden of Mercury , and sustaining only the VVater within the Tub , in stead of it , this surface presseth up the VVater within the Tub , and consequently the top of it , with as great force , and weight , as the top of the Tub without is depressed , with the outward VVater R Q : therefore , 39 ounce depressing the Tub , and 39 ounce pressing it up , the Ballance must be freed of the whole weight of VVater R Q. If it be objected , that the 42 inches of VVater Q S , are equivalent in weight to three inches of Mercury ; therefore the part of the surface S , being burdened with this , cannot press up , with as great force , as the VVater R Q presseth down . For answer , consider , that the part S , is able to support 42 ounce of VVater , and next , that the VVater R Q weighs but 39. Then I say , seing the 42 inches of VVater within the Tub , weighs only three ounce , the part S , that 's burdened therewith , being able to support 42 , it must press up with the weight of 39 , and so counterballance the VVater R Q. If it be in●uired , whether or not , would the 14 inches of Mercury A B fall down , a small hole being made in the top of the Tub at B ? I answer , they would , If it be objected , that these 14 inches of Mercury , are not in equilibri● , with the Pressure of the ambient Water , as the Mercury G H , and therefore they cannot be so easily depressed by the Water , that comes in at the said hole . I answer , they must all fall down , and as easily , as the other , and that because of inequality of weight between the Potentia of the surface of VVater , and the Pondus . It 's certain , the part A of the surface , cannot support more weight of any kind , than 42 ounce ; but when a hole is opened in B , and the VVater co●es in , 't is then burdened with the weight of 14 ounce of Mercury , and with the weight of 41 ounce of VVater ; so much the VVater B C weighs , which is 55 ounce : but a surface that hath only the Potentia of 42 , can never support a Pondus of 55 , no not of 43. It may be objected thus : Put the case a Cylinder of Gold , or Brass were suspended in this VVater ; as the Pipe and Mercury G H are suspended by the Ballance , would not the Ballance support the whole weight of it , without supporting any part of the weight of the VVater I H , that rests upon the top of it . I answer , there 's a great difference between the two ; because a Cylinder of Gold or Brass , suffers both the upward and downward Pressure of the VVater ; but the Mercury G H , suffers only the upward Pressure , being freed of the downward , by the top of the Tub. From this Experiment of letting in the VVater upon the top of the Mercury , we see first , that when two Fluids are in equilibrio one with another , a very small weight will cast and turn the Scales , because , if the sixth part of an inch of VVater come in at Q , it presently alters the hight of the Mercury from 42 inches to less . Secondly , 't is impossible for a surface of Water , to support more weight , than its own proper burden ; because the part S , cannot support more , no not a grain , than 42 ounce . VVe see thirdly , that it is as impossible for a surface of VVater , to support less , than its own burden ; because whatever loss of weight the Pillar of Mercury S Q suffers , by the ingress of the VVater Q O , it s made up again by the same VVater . If it be objected , that the 14 inches of VVater Q O , are not so heavy by far , as the 14 inches of Mercury , that fell down . I answer , its true , yet the part S , is as much burdened as before , because what is wanting in weight , it s made up , and compensed by Pressure . VVe see fourthly , that the Pressure of a Fluid is a thing really distinct from the natural weight , according to the 22 Theorem : because though the 14 inches of Water Q O , are not so heavy naturally as the 14 inches of Mercury that fell down , yet the Pressure of them upon the surface S , is as much . We see fifthly , that 14 inches of Water , that 's ● body fourteen times lighter than Mercury , may have as much weight with them , as 14 ounce of Mercury . We see sixthly , that a Cylinder of Mercury cannot be suspended in Air , or in Water unless it be guarded with a Tub , to preserve it from the downward Pressure of that Air or Water : for by opening an hole in Q , the Me●cury subsides . We see seventhly , that 't is impossible 〈…〉 Fluids to suspend one another mutually , unless there be a sort of equipondium between them ; because no sooner you destroy the equipondium , between the 42 inches of Mercury Q S , and the part of the surface S , by the ingress of the Water Q O , but assoon there ariseth a new one . We see eighthly ( as we noted before ) the nearer a Body comes to be equally pressed with a Fluid , the less is the Pressure of that Fluid sensible : because less weight is required in the Ballance , to counterpoise the Pressure , and weight of the Water R Q , after the ingress of the Water Q O P , than after the ingress of the Water Q O. We see ninthly , that when a Body is equally , and uniformly pre●●ed with a Fluid , the Pressure is insensible ; because , after the Water hath thrust down all the Mercury from Q to S , there 's no more weight at all of the Water R Q found in the Ballance . We see tenthly , that not only in Water , the Pressure of Water may be found , but out of it , namely in the Air ; as is clear from the Ballance , that supports the Pressure of the Water R Q. We see eleventhly , a ground to distinguish between the natural Ballance , and the artificial Ballance . The artificial Ballance , is the Ballance K L : the natural , is the Pipe Q S. We see twelfthly , that they keep a correspondence between themselves , or some Analogy : for by what proportion the Water thrusts down the Mercury , by that same proportion the pondus L , of the Ballance is lessened : and by what proportion the Mercury rises in the Pipe , by that same , is the weight L augmented in the Scale . We may subjoyn lastly , that the easiest way of explicating the Phenomena of Nature , is not always the best , and truest . For some may think , it were far easier to say , that the Ballance supports the Mercury A B , or D E , and not any part of the Water B C , or E F. But such a way would be false , and absurd , and contrary to all the former Doctrine . EXPERIMENT XII . Figure 16. THis Schematism represents a Water 100 foot deep , whose first and visible surface is I H K. And L M is the ground of it . C D is a piece of brass 30 inches high , and 12 inches in diameter , suspended upon the imaginary surface of Water A N B , which is distant from the top I H K , 25 foot . This Brass cannot go farder down , when demitted from H ; because it 's keeped up , by the Force and Pressure of the surface of Water A N B , which I prove thus . The part B sustains de facto , a Pillar of Water K B 1400 pound weight : therefore the part N is able to sustain as much . I suppose here , the said piece of Brass to weigh 1400 pound . The Water K B is 1400 pound , because its a Pillar 25 foot high , and 12 inches thick , for one cubical foot weighs 56 pound Trois . The connexion of the argument is evident , because it is as easie for a surface of Water , to sustain a solid Body , as to sustain a Fluid Body : therefore , if the part B , support the Fluid Pillar K B , the part N must be able to support likewise the solid Pillar C D , which is of the same weight . I● it be objected , that the part N , sustains besides the Brass C D , a Pillar of Water E F 22 foot high , and a half , which two will weigh 2260 pound . I answer , upon supposition , that neither Water nor Air succeeded , the space E F being void of both , the Brass would be suspended with the force and power of the Water N. And though this cannot be made practicable , yet the Theory of it may conduce much for explicating the secrets and mysteries of the Hydrostaticks . But why ought the Brass to be suspended at 25 foot from the top ? I answer , because the potentia of the surface A N B , is equal to the pondus of the Brass . To evidence this , consider that Brass is a Body naturally heavier then Water , I shall suppose ten times , that 's to say , one inch of Brass will counterpoise ten inches of Water . If this inequality be , then must this Pillar of Brass go so much farder down , than the first surface I H K , as the one is heavier in specie , or naturally , than the other : therefore it must sink 25 foot exactly ; seing a piece of Brass 30 inches high , requires 400 inches of Water , or 25 foot to counterpoise it : for if one inch of Brass require ten inches of Water , then surely 30 inches must require 300. Yet it is no matter , what the thickness be , provided it be no higher than 30 inches . To advance some farder , let us make a second supposition , namely , while the Brass is thus suspended upon the surface A N B , suppose the Air to come down , and fill up the imaginary space E F , then must the Brass be thrust down as far as the surface O P , that 's 34 foot below the surface A N D , and 59 from the top . The reason of it is this , because the weight of the Air superadded , is equivalent to the Pressure of a Pillar of Mercury 29 inches high , and 12 inches thick : therefore the Brass being burdened with this , it must go so farder down , till it meet with a surface , whose potentia is equal in weight , to the pondus of both , which is precisely 59 foot from the top : for if one inch of Mercury require 14 of Water , then 29 inches must require 405 inches , or 34 foot . In a word , it must go as far down , as that surface , that sustains a Pillar of Water , that would counterpoise in a Ballance , the Brass C D , and a Pillar of Mercury 29 inches high , and 12 inches thick , both which weighs 3290 pound . From what is said , we see first , that of two heavy bodies differing in weight , the lighter may go further down than the heavier . This is clear , because a slender Cylinder of Gold , in form of an Arrow , half an inch thick , and 28 inches long , weighing 28 pound ( 't is no matter , though the just weight of it be not determined ) will go down 35 foot in Water , before it meet with a surface , whose potentia is equal in weight to its own pondus ; for if Gold be 15 times heavier naturally than Water , then the said Cylinder must go down before it rest , 420 inches , or 35 foot . But a piece of Gold 12 inches long , and six inches thick , that perhaps will weigh 208 pound , will sink no further than 15 foot . And the reason is , because , if one inch of Gold require 15 of VVater to counterpoise it , then 12 must only require 180 , or 15 foot . Note , that both the bodies must go down Perpendicularly , and not as it were Horizontally , with their sides downmost : for if they go down after this manner , they cannot sink so far . The reason of this is also evident , because a heavy body goes so far down , and no further , till it hath thrust ●s much Water out of its place , as will counterpoise it self in a Ballance . That 's to say , if an heavy body weigh 100 pound , it must go no further down , than after it hath thrust out 100 pound of Water . But so it is , that a piece of Gold , in form of an Arrow , going down side-wise , or with the two ends parallel to the Horizon , will thrust as much Water out of its place , as will be the weight of it self , before it can go down 15 or 16 inches from the top : because for every inch it goes down side-wise , it expell● 28 inches of Water . In going down two inches , it expells 56. In going down three inches , it expells 84 , and so forward , till it go down 15 inches , where it expells 420 inches : but 420 inches amounts to 35 foot . Now , take a Cylinder of Water 35 foot high , and just the thickness of the Cylinder of Gold , which I supposed to be of half an inch , and put them in a ballance , and you will find the one just the weight of the other . Neither can the piece of Gold go so far down as before , if it go down side-wise ; because for every six inches it is drowned , it expells a bulk of Water 12 inches long , and six inches thick ; therefore it must be suspended , before it go beyond 90 inches , or seven foot and an half : now , if six inches give one foot , 90 inches will give 15 foot : but 15 of Water in hight , and six inches thick , is the just weight of it in a ballance , viz. 208 pound . We see secondly , the broader and larger the surface of a Fluid be , 't is the more able and strong to support an heavy burden : therefore the part of a surface of Water six inches square every way , will carry a far greater weight , than a part four inches square . Though a surface of Water 34 or 35 foot deep , be not able to sustain a Cylinder of Gold. if it exceed 28 or 29 inches in hight , yet take a Cylinder of Gold , 10 foot high , and reduce it , by making it thicker , to the hight of 20 inches , a surface of Water little more than 24 foot deep will sustain it . Or reduce a Cylinder 10 foot high , which requires a surface more than 100 foot deep , to a Cylinder six inches high , a surface little more than seven foot deep will support it . We see thirdly , the reason why bodies that are broad and large , move ●lowlier through Air and VVater , than bodies that are more thin , and slender , though both be of the same weight in a ballance . For example , 20 pound of Lead , long and slender like an Arrow , will go sooner to the ground of a deep VVater , than a piece of Lead of the same weight , in form of a Platter or Bason . The reason is , because as the body is broader , so it takes a broader part of a surface , which broader part is stronger and abler , than a narrower part , and so makes the greater resistance . The same is the reason , why a Bullet six inches in Diameter , moves ●lowlier thorow the Air , shot from a Cannon , than a Bullet one inch in Diameter . For the same reason , Ships of seven or eight hundred Tun , move far slowlier thorow the Air , and Water , than Vessels of less burden . Item , large and big Fowls , as Eagles , move slowlier , than small Birds , as Swallows . Yea , of Fowls of the same quantity , one may move quicklier than another , as is evident in long-wing'd Hawks , as Falcons , that by the sharpness of their Wings , move far more space in half an hour , than Kites , or Gose-Hawks , whose wings are rounder . We see fourthly , that there 's no body how heavy soever , but it may be supported by the surface of a Fluid , either in Air or in VVater . I grant , the strongest surface of Air , that can be had , is not able to support more weight , than a Cylinder of Gold 28 inches high : yet though it were as large , and broad , as a Mill-stone , if it do not exceed the said hight , the Air is able to sustain it . For the same cause , if it were possible to free a Mill-stone of the Air , that rests upon it , the Air below would lift it from the ground , and carry it up many fathoms , even till it came to a surface , equal in power to the weight of the Stone . Or , if a large Mill-stone were demitted from the top of the Atmosphere , towards the Earth , it could hardly touch the ground , being detained by the way , by a surface counterpoising it . Or if it did touch , through the swiftness of the motion , it would surely ▪ as it were , ●rebound , and be carried up again . It is alwayes to be remembred , that in such trials , the Air is supposed not to follow , or to be united , after the Stone passeth thorow . Now if the Air be able to do this , far more the VVater , that 's a body a thousand times heavier . We see fifthly the reason , why heavy bodies move so easily thorow Air , and Water , namely because the parts that were divided , by the body that is moved , are presently reunited , and closed again , by which means it is driven forward , the Pressure upon the back , being as much as the Pressure before . If this were not , no body whatsoever would be able to move it self one foot forward . For example , if , when a man hath advanced one step forward , the Air did not close again upon his back , the force of the Air upon his belly and breast , would not only stop him , but violently thrust him backward . We see sixthly , the reason , why the same body descends with more difficulty thorow Water , than Air , because a surface of Water is far stronger , than a surface of Air. We see seventhly , that a heavy body is never suspended by a surface of Water , or Air , in going down , till once it hath displaced , as much Water or Air , as will counterpoise it self in a ballance . This is clear from the Brass C D , that goes alwayes down , till it expell its own weight of Water . For this cause , if a Mill-stone were demitted , or sent down from the top of the Air , and never rested , till it came within 40 fathom of the Earth , then so much Air , as is expelled by the descent , is the just weight of the stone . We see eighthly , the heavier a body be naturally , than Water , it goes the further down , and the lighter it is , it sinks the less . For if C D were of Gold , it would go further down , than being of Brass or Iron : and if C D were a stone , that 's lighter in specie than Brass , it would not go so far down . This lets us know the reason , why thicker , blacker , and heavier clouds comes nearer to the Earth , than thinner , whiter , and lighter . VVe see ninthly , that the Pressure of the Air is determinable , even in its heighest degree , and seemes to be the same in all places of the world ; but the Pressure of the Water is not so . The reason of the first part is , because the Element of Air seems to be of the same hight in all places , and therefore we may know its outmost Pressure , which is just equivalent to the weight of 28 or 29 inches of Gold , or Mercury . But because the deepness of the Sea is variable , therefore the Pressure is variable likewise . Yet if the exact deepness , of the deepest place were known , it were as easie to determine the greatest Pressure of it , as to determine the greatest Pressure of the Air. We see tenthly , that a very small weight added or subtracted in height , will change and alter the counterpoise of a Fluid . Because if you lay but one ounce upon the top of the brass at F , it presently subsides accordingly : or take one ounce from it , and it rises . But though never so much weight be added to it , or subtracted from it in thickness , no alteration follows . Therefore , though this piece of Brass C D , that 's now but 12 inches in thickness , were made 24 , by which means the weight would be tripled and more , yet the same surface A N B would sustain it : yet , add to it in altitude , but one inch , and presently it sinks down proportionably . This evidently discovers the reason , why it s as easie for the Air , to support a Cylinder of Mercury 3 inches thick , as to support a Cylinder half an inch thick : and why it cannot support more in height than 29 inches , and why it cannot support less . Now the reason , why a thicker Pillar , is as ●asily suspended , as a thinner , is this , because if a Pillar of Mercury be thicker , and consequently heavier , than it takes a broader , and consequently a stronger surface of Air to rest upon : if it be but slender , and so but light , then it takes a lesser part of a surface to bear it up , and consequently a weaker ; by which means the Pondus of the one , is alwayes proportionable to the Potentia of the other . Is it not as easie for a Pillar of stone , 6 foot in Diameter , to support another six foot in Diameter ; as it is for a Pillar one foot in Diameter , to support a Pillar one foot in Diameter ? But as a Pillar one foot in Diameter , cannot support a Pillar 6 foot in Diameter , neither can a surface of Air , one inch in Diameter , support a Pillar of Mercury 6 inches in Diameter . But why should a larger part of a surface be stronger than a narrower part ? I answer , the one is stronger than the other , for that same reason , why a thicker Cylinder is heavier than a thinner : for what I call strength in a surface , it s nothing else but weight , and what I call weight in a Cylinder , it s nothing else but strength . The same thing hath two names ; because the pillar of a Fluid presseth down , and the surface supports : therefore , in the one it s called pondus , in the other potentia . As when two scales are in equilibrio , either this , or that may be called the pondus ; or either this , or that , may be called the potentia . Now I say , if a part of a surface four inches broad , have as much weight or force in it , as a Pillar of Mercury four inches thick ; then surely , a part of a surface eight inches broad , must have as much weight and force in it , as a Pillar of Mercury eight inches thick . But why ought a surface to succumb , when the Pillar grows in hight , and not to fail when it grows only in breadth ? Ans. VVhen it grows in breadth , the pondus never exceeds the potentia ; but when it becomes higher , then it becomes heavier . That 's to say , when a Pillar grows broader , there 's not one part of ●he surface that sustains it , more burdened than another ; seing the part eight inches broad , is no more prest with a Pillar eight inches thick ; than the part four inches broad , is prest with a Pillar four inches thick : as eight ounce of Lead in this Scale , is no more counterpoised with eight ounce in the other Scale , than four ounce in this Scale , is counterpoised with four in the other . But when a Cylinder grows in hight , the pondus exceeds the potentia ; one part of a surface being more burdened than another . We see eleventhly , that in a large surface of a Fluid , wherein are many parts ; each part is able to sustain its own proper burden . So a part eight inches in Diameter supports a Pillar eight inches thick ; and a part four inches , supports a Cylinder four inches thick ; but cannot support a Pillar six inches thick . But this seems rather to flow from the disproportion of Magnitudes , seing a circular plain 4 inches in diameter , cannot receive a Base of a Pillar 6 inches in diameter . But this is certain from the very nature of Fluids , that in a deep VVater , wherein may be distinguished 100 , or 1000 different surfaces , each one is able to support his own burden , and no more . EXPERIMENT XIII . Figure 17 , 18 , 19. FOr making this Experiment , take two plain Bodies of Brass , or Marble well polished . Make them of any quantity ; but for this present use , let each of them be four inches broad square-wise . Upon the back part , let each one have an handle about six inches long , of the same metal , formed with the plain it self , in the founding ( if they be of Brass ) as is represented in this Schematism . When they are thus prepared , anoint their inner-sides with Oyl or Water , and having thrust the one face alongst upon the other , with all the strength you have , till all the four edges agree , two whereof are represented by A B , and C D , you will find them cleave so closs together , as if they were but one Body . The effect is this , that ordinary strength will not pull them asunder ; and that under a surface of Water , a stronger pull is required than in the Air. That we may deduce some Hydrostatical conclusions from this Experiment , let us suppose these two plain Bodies to be united in the middle of the VVater I K P Q , that 's 34 foot deep , and suspended by a beam or long tree T V existing in the Air , near the top of the VVater , by a chord S E passing between the middle of the beam , and the end of the handle at E. Suppose next a great weight of Lead R , 350 pound , to be appended to the end of the handle at H , of the under plain Body C D N O. This done , I affirm , that the beam T V , neither sustains the under plain Body C D N O G H , not the 350 pound weight of Lead R , that hangs down from the handle G H. If it be objected , that the beam supports the upper plain Body A B L M F E ; therefore it must bear the weight also of the under plain C D N O G H , with the weight R ; seing they are both united together , and cleave so closs , as if they were but one Body . I answer , it supports the one unquestionably , but not the other . To explicate this Hydrostatical Mystery , I must aver three things ; first , that the inferior plain is supported by the upward Pressure 〈◊〉 the lower VVater P Q N O. Secondly , that the burden which the beam sustains , is not the weight of the under plain , but the weight of the 34 foot of Water I K L M. Thirdly , that this weight is exactly the weight of the inferior plain , and Lead R. But is it not more easie to say , that the beam supports both the plains ? I answer , if I say so , I can neither affirm truth , nor speak consequentially , But may it not be said , that the inferior plain is supported both by the beam , and the lower water P Q N O? I answer , this is impossible ; because one and the same weight , cannot be supported totally , by two distinct supporters . For making these assertions evident , I must suppose the superior Water I K L M to be 34 foot deep , and to weigh , if it were put into a ballance , 400 pound : and which is unquestionable , that the said Water rests upon the back of the superior plain L M. I suppose secondly , that the lower Water P Q N O weighs as much , and thrusts up the inferior plain with as great weight , as the superior plain is prest down with , by the superior Water . This is evident from former Experiments . And lastly , I suppose each plain to weigh two pound , and the weight of Lead R 350. It is to be observed here , that no mistake may arise in the calculation afterwards , that though it be said , this 34 foot of Water weighs 400 pound , yet in it self it weighs but 200 : but considering the Pressure of the Air upon I K , which is as much , it may be truly said to weigh 400. These things being premitted ; I say the weight that the beam T V sustains , is not the weight of the inferior plain , and the Lead R , but 352 pound of the superior VVater I K L M , and consequently , that the inferior plain is supported by the lower VVater P Q N O. The reason is , because the lower VVater presseth up ●●th the weight of 48 pound . It is in it self 400 pound : but being burdened with 352 , it cannot thrust up with more weight than 48. Now , it pressing up with 48 , must ease the beam of 48 , and counterpoise so much of the superior VVater , and consequently the beam must support only 352 pound of it . But put the case ( you say ) the weight R , were 130 pound , 160 pound , or 180 pound , would the beam be less or more burdened with the superior Water ? I answer , if R be 130 pound , then the beam supports only 132 pound of the superior Water ; for if the inferior be only burdened with 130 , the weight of R , and with two the weight of the inferior plain , then must it press up with 368 , and by this means , must ease the beam of so much , it sustaining 132 pound only . According to this compting , when the Lead R weighs 160 pound , the beam supports only 238 pound of the superior Water . If it weigh 180 pound , it sustains 218. And if the weight R were taken away , the beam supports no more of the superior VVater than two pound . To proceed a little further ; imagine the two Plains to be drawn up 17 foot nearer the first surface I K , namely as high as Z W. This done , the union breaks up , and they presently fall asunder . The reason is , because ▪ the surface Z W is not able to support 352 pound , but only 300 , which I prove thus . If 68 foot sustain 400 , then 51 foot must sustain 300. I say 68 , and not 34 , because as was noted , the Pressure of the Air upon the surface I K , is equivalent to other 34 foot : and therefore though the deepness of this VVater , between I K and L M be but 34 foot really , yet it is 68 foot virtually , and in effect . Imagine secondly the surface I K to subside 17 foot , namely to Z W. In this case the union is broken also , and the lower Plain falls from the upper . The reason of this , is the same with the former ; because by what proportion you diminish the high of the superior VVater , by that same proportion you diminish the upward Pressure of the lower VVater . Therefore , if you subtract from the superior VVater 17 foot , that weighs 100 pound , you subtract likewise 100 pound from the inferior VVater , and consequently , you make it press up only with 300 , but 300 is not able to counterpoise 352. Let us suppose thirdly , the superior Plain , and the superior Water to be annihilated ; then I say , the Pressure and force of the under Water would thrust up the inferior Plain and the weight R about eight foot higher then X Y and there suspend them . The reason is , because the surface X Y , being able to sustain 400 , and being burdened only with 352 , must have the weight of 48. Now the upper Plain being taken away , and the upper Water also , and the empty space of both remaining , the said weight of 48 pound , must carry the under Plain as high as is said . Let us suppose fourthly , the Pressure of the Element of Air , that rests upon I K , to be taken away , then must the two Plain bodies be disunited , the inferior falling from the superior . The reason is , because in this case , the superior Water would have but the weight of 200 pound , and consequently the inferior , would press up only with as much : but 200 is not able to counterpoise 352. From what is said we see first , that in all Fluids there is an upward Pressure , as well as a downward ; and that the one is alwayes of equal force to the other : because the inferior Plain is pressed up with as great force , as the superior Plain is pressed down with . We see secondly , that in Fluids , there is a Pondus and a Potentia . The Potenti● here is the inferior Water , and the Pondus is the superior . Or , the 350 pound of Lead R , may be called the Pondus , which counterpoiseth the Potentia of the surface of VVater X Y. We see thirdly , that though the Pressure of a Fluid , be not the same thing with the natural weight , yet it is equivalent to it : because the 352 pound of Lead R , is sustained by the Pressure of the inferior VVater , which could not be , unless they were virtually the same . We see fourthly , that there may be as much Pressure in one foot of Water , as there is weight in 100 , or in 1000 foot , or in 1000 fathom , For put the case , these two plain bodies were suspended , 100 fathom below the surface of the sea , and within a foot or two of the ground , as much weight would be required to pull them asunder , as is the weight of a Pillar of Water 100 fathom high , and 4 inches thick every way , which will be more then 3000 pound weight , besides the weight of the Air above , that will weigh 200 pound . This could not be , unless there were as much Pressure in the lowest foot of this Water , that 's 100 fathom deep , as there is weight in the whole Pillar above . We see fifthly , the more the potentia of a surface is burdened , the more sensible is the pondus : because the heavier you make the Lead R , that burdens the inferior Water , the more weight of the superior Water rests upon the Beam. We see sixthly , the more unequally a body is pressed , the more the Pressure is sensible . For understanding this , consider that the under-face of the superior Plain , is more and less pressed , according to the more and less weight the Lead R is of : for put the case , the inferior Plain were taken away , the face of the superior Plain , would be equally prest with the back of it . But ●hen the inferior Plain is united to it , the Pressure of the Water is kept off ; by which means the back is prest more than the face . Now , as the inferior Plain becomes heavier and heavier , by making the weight R more and more weighty , the less and less is the face of the superior Plain prest up . Hence it is , that as this inequality of Pressure becomes greater and greater ; so the weight of the superior Water , affects the Beam more and more . Or , if the superior Plain were a sensible body , as Animals are , it would find the back of it more and more burdened , according as the weight R , becomes heavier and heavier . We see seventhly , that Water weighs in Water : because all the weight the Beam supports , is the burden of the superior VVater , and not the burden of the inferior Plain , or of the weight R. It supports the weight also of the superior Plain , but this is not considerable . This is only to be understood , when the Pressure is unequal ; for if the upper Plain were as much prest up , as it 's prest down , the weight of the superior VVater would not be found by the Beam. We see eighthly , that the higher a surface be , it is the weaker ; and the lower it be , it is the stronger : because when the two plain bodies are pulled up , 17 foot , they fall asunder . We see ninthly , the vanity of the common opinion , that maintains two plain bodies to cleave closs together for fear of vacuity ; and that neither Humane not Angelick strength is able to break this union , without the rupture and fracture of them both . It may be enquired , upon supposition , that the inferior plain had four holes cut thorow the middle , square-wise , as A B C D in the 18 Figure , what Phenomena would follow ? Before I answer , consider that this Figure represents the inner face of the Brass-plate C D N O , of the 17 Figure , which as was supposed , is four inches from 〈◊〉 to side , and consequently contains 16 square inches . Now , imagine the under plain C D N O , while it is united to the uppermost , to have four square inches cutted out of it , as A B C D. These things being rightly conceived , and understood , I say , when the said holes are cutted thorow ; the beam T V , that now sustains 350 pound , shall by this means , only sustain 250 pound . To make this evident ; consider that the under plain ( as was said ) contains 16 square inches . Next , that the top of the inferior Water upon which the plain rests , contains as many , and that every inch of the Water weighs 25 pound , seing the whole , as was supposed before , weighs 400 pound . Now , I say , the beam must support only 250 pound of the Water I K L M ; because , these holes being made , the top of the inferior Water comes through them , and presseth up the face of the superior plain with 100 pound , and so easeth the beam of so much . I affirm next , that though the inferior Water N O P Q be in it self 400 pound , and consequently able to support the inferior plain , with the weight R , albeit they weighed so much , yet the said holes being cut out , it is not able to support more burden than 300. The reason is , because of 16 parts that did actually bear up before , there are only 12 now that sustains . And every one of these twelve , being but able to support 25 pound , it necessarily follows , that the greatest weight they are able to sustain , is 300 pound . I affirm thirdly , that if a fifth hole were cut through , the under plain would fall from the upper ; because in this case , the inferior Water is not able to support 350 pound as before , seing of 16 parts , there are five wanting , and eleven remaining , cannot support more weight than 275 pound . Moe questions of this kind might ●e proposed ; as first , what would come to pass , if the the upper plain had as many holes cut through it , answering to the four of the nether ? Secondly , what would folow ▪ if the nether plain were intire , and four bored through the upper ? But I shall supersede , and leave these to be gathered by the judicious Reader . From this Experiment we see first , that the broader and larger a surface of a Fluid be , it 's the more able to sustain a burden , and the narrower it be , 't is the less able . Secondly , that each part of a surface , is able to sustain so much weight , and no more , and no less . From what is said , we shall only in●err this conclusion , that equality of hight between Pillars of a Fluid makes equal Pressure , and inequality of hight makes unequal Pressure . Therefore 't is no matter , whether they be gross or small , thick or slender , provided they be all of the same Altitude . EXPERIMENT XIV . Figure 20. THis Schematism represents a Vessel full of Water 8 foot deep . E F is a Glass-Pipe , open at both ends , about 9 foot high , and one inch in Diameter . A B C D is a Vessel of Glass , or of any other metal , thorow whose orifice above , the said Pipe comes down . B H I is a Pipe going out from the said Vessel , crooked with a right angle at H , that the orifice I may look upwards . That some Hydrostatical conclusions may be inferred from this Experiment , fill the lower Vessel A B C D with Quick-silver almost ; then pour in as much Water above it , as will fill the space A B H , leaving from H to I full of Air. Next , thrust down the orifice of the Pipe E , below the said Water and Mercury , till it rest upon the bottom C D. Lastly , stop well with cement the passage of the lower Vessel , through which the Pipe came down , that neither Air nor Water may go out , or come in . These things being done , let down this Engine to the bottom of the large Vessel , which , as was noted , is full of VVater from M N to K L , 8 foot , and you will find the Mercury to rise in the Pipe from A B to G , 6 inches , and more . The reason is , because there is a Pillar of VVater K I , that enters the orifice I , and presseth down the Air , from I to P , 3 inches , which before was 6. This Air being so burdened ; instantly presseth forward the VVater H B A : and this pressing the surface of the stagnant Mercury A B , causes the liquor run up the Pipe from A B to G , 6 inches : The reason , why it riseth 6 inches , is this : between the surface of the stagnant Mercury A B , and the top of the Water L O K , are 84 inches . Now Water being 14 times naturally lighter then Mercury , there must be 14 inches of Water , required for sustaining one inch of Mercury , and consequently 84 , for supporting 6. For a second trial , lift up the whole Engine to the top of the Water , and you will find the 6 inches of Mercury B G sink down , and become no higher within the Pipe , than the surface of the stagnant Mercury A B without . The reason is , because by coming up above the Water , the Pressure of the Water K I , is taken away from the orifice I , by which means the comprest Air H P , extending it self to I , liberats the Water A B H of the Pressure it had , and this freeth the Mercury of its Pressure , and so the 6 inches falls down . For a third trial , stop closely the orifice I , and let all down as before . In this case , you will find no ascent of Mercury from B to G : because the Water K I cannot have access to thrust down the Air from I to P , as formerly . For a fourth , open the said orifice I , while the Engine is below the Water , and you will find the Mercury rise from B to G : because the Pillar of Water K I , hath now access to press . For a fifth trial , stop the orifice I , and bring up all to the top , and you will find the six inches of Mercury B G suspended , as if the Engine were under the Water . The reason is , because the stopping of the orifice , keeps the inclosed Air P H , under the same degree of Pressure it obtained from the Water K I. For a sixth proof , open the same orifice I , while the Engine is above the Water , and you will find the six inches of Mercury fall down , because the imprisoned Air H P , obtains now its liberty ; and expanding it self from H to I , eases the Water B H of the burden it was under . For a seventh , pour in 14 inches of Water at the orifice F , till it rest upon the top of the Mercury at G , and you will find one inch fall down . Pour in as much , and two inches falls down . In a word , pour in as much Water , as will fill the Pipe to O , and you will find the whole six inches fall down . The reason is , because the Water K I , is not able to sustain , both the six inches of Mercury and the Water , that 's poured in ; any one of them being able and sufficient to counterpoise it , For an eighth trial , empty the Pipe of the said Water , and after the Mercury is ascended from A B to G , as formerly , suck out the whole Air between G and F , and you will find the Mercury to rise from G to R 29 inches . The reason of this is evident from the Pillar of Air S K , that rests upon the top of the Pillar of Water K I : for by sucking out the said Air , you take away the pondus or weight , that counterpoised the weight of the Pillar S K , therefore it finding its counterpoise removed , presently causeth the Water K I , to enter farder within the crooked Pipe , till it hath prest up the liquor to R. For a ninth trial , take the six inches of Mercury B G , and put them into the scale of a ballance ; then take as much Water , as will fill the Tub between A B and O , and put it into the other scale , and you will find a most exact counterballance between them . The reason is , because if the Water K H , or a Pillar of that hight , be able to raise and counterpoise the Mercury B G ; then must as much Water , as fills the Pipe betwen B and O , be the just weight of it . The reason of this consequence is , because these two Waters are of the same weight : therefore , if the one be the just weight of it , the other must be so too . If it be said , that the Water , that fills the Pipe between B and O , is far thicker , then the Water K H ; therefore they cannot be both of one weight . I answer , equality of altitude , in this Ballance of Nature , is equality of weight : therefore seing the one Water , is as high as the other , they must be both of one weight . If it be said , that a Pillar of Water between K and H , cannot counterpoise the six inches of Mercury B G , both being put into a ballance : and the reason is , because the one is thicker than the other . I answer , this only proves that two Pillars differing in weight in the Libra or Artificial Ballance , may be of one weight in the Natural Ballance : because in the Artificial Ballance , bodies counterpoise one another , according to all their dimensions , but in the Natural Ballance , such as this Engine is , Fluids counterpoise one another , according to their altitude only . From the first trial , we conclude first , that Water even in its own place gravitats and weighs , because this Water by its Pressure , de facto thrusts up 6 inches of Mercury . We see in the next place , that the Pressure of a Fluid , is as easily communicated Horizontally ; as Perpendicularly ; because the Pressure runs alongst from H to B. We see thirdly , that Fluids ; may have as much Pressure begotten in them , even while they are environed about closely with solid bodies , whereby the superior Pressure , immediatly and directly by perpendicular lines is keeped off , as if they were immediatly under the Pressure : because the Mercury A B C D , is as much burdened with the Pressure , that comes from H , as if the upper part of the Vessel A B , were open to let in the superior Pressure , by perpendicular lines . The Air then under the roof of a house , is under as great a Bensil and Pressure , as the Air without , that 's directly under the Pressure of the Atmosphere . VVe see fourthly , that the Pressure of a Fluid , may be as easily communicated thorow the parts of Heterogeneous Fluids , as thorow the parts of Homogeneous ; because the Pressure of the VVater K I , is as easily communicated thorow the Air P H , thorow the Water H B , and thorow the stagnant Mercury ▪ B D to the orifice E , as if nothing interveened but VVater . VVe see fifthly , that Mercury can suffer a Pressure , as well as VVater or Air ; because the six inches cannot rise from B to G , unless the stagnant Mercury A B C D were compressed , even in all the parts of it . From the second trial , we see , that there cannot be a Pondus in a Fluid , unless there be a Potentia , to counterpoise it : for when you take away the Water ▪ R I , by lifting up the Engine to the top of the Water , the Mercury B G presently falls down . From the third trial , we conclude , that the Pressure of a Fluid , cannot be communicated thorow solid Bodies : for when the Engine is drowned below the Water , with the orifice I , stopped , no ascent of Mercury follows . We conclude from the fourth trial , that it is impossible for two Fluids to counterpoise one another , unless they be in Equilibrio ; because the Water K I cannot sustain the Mercury B G , unless it be of the same weight . From the fifth , we conclude , that a Fluid may be keeped under the same degree of compression , after the superior weight that begat it , is taken away : for after the Engine is brought above the Water , with the orifice I stopped , the Mercury B G is still suspended , even by vertue of the Pressure , that 's in the stagnant Mercury . This tells us , that a sphere of glass full of Air , may retain its Bensil , even though the whole Element of Air , that begat it , were destroyed . From the sixth we gather , that a Fluid cannot abide under Pressure , when the burden is taken away that begat it , or that keeped it under Pressure : for by opening the orifice I , the Air P H extends it self : and so are the VVater , and Mercury within the Vessel freed of their Pressure likewise . We gather from the seventh trial , that in the Ballance of Nature , one Scale cannot be more burdened then another ; or that two Fluids cannot counterpoise one another , unless they be in equilibrio : for when you pour in 14 inches of Water , upon the top of the Mercury at G , they thrust down one inch , that there may be a just equipondium , between them , and the opposite weight K I. We gather from the eighth trial , which was observed before ; first , that there cannot be a Potentia in a Fluid , unless there be a Pondus to counterpoise it : for when you suck out the Air G O , which was the Pondus , that counterpoised the Air S K , this presently in stead of it , raiseth 29 inches of Mercury from G to R. We see secondly , that one pillat of Air can counterpoise another , Fluids of diverse kinds interveening : because the Air S K , counterpoises the Air within the Pipe G O , the VVater K P first interveening ; the Air P H next interveening , and the stagnant , and suspended Mercury interveening also . We see thirdly from this eighth trial , that the Pressure of the Atmosphere , may be communicated thorow diverse kinds of Fluids , without the least diminution of its weight : because the weight of the Pillar of Air S K , is communicated , and sent down thorow the Water K I , thorow the Air P H , thorow the VVater H B , thorow the stagnant Mercury B D , and up thorow the suspended Mercury B G , till it suspend the 29 inches between G and R , which is the just counterballance of it . We see moreover , that Fluids counterpoise one another , according to altitude only , and not according to thickness and breadth ; by comparing the Water K I , that 's but half an inch thick , to the Mercury B G , that 's a whole inch thick . We see from the last trial , that when a Fluid is necessitated , to counterpoise a Fluid of another kind , in stead of a Fluid of its own kind , it sustains no more of it , than what is the just weight of the Fluid of its own kind , because the VVater K I , being under a necessity to counterpoise the Mercury B G , in stead of so much VVater as would fill the Tub , it sustains no more of it , than the just weight of so much VVater , as is said . We see secondly , that when two Fluids of divers kinds , do counterpoise one another , that which is heaviest in speciè , hath alwayes the shortest Cylinder . Next , that the difference between their altitudes , is most exactly according to the difference between their natural weights , therefore B G is 14 times lower than B O ; because Mercury is 14 times heavier than VVater . We see moreover , that though two Cylinders of a Fluid , can counterpoise one another in the Natural Ballance , such as this Engine is , yet they will not do it in the Artificial Ballance : because though B G counterpoise K I in this Ballance , yet in a pair of Scales , the Mercury will be as heavy again as the VVater . We see lastly , that notwithstanding of this , yet such a thing may be ; for if the orifice I , were made as wide as the orifice F , that the Cylinder K I might be equal to the Mercury B G in thickness , then surely the one would counterpoise the other in the Libra or Artificial Ballance . EXPERIMENT XV. Figure 21. THis Schematism represents a Water 72 foot deep , as C D A B , together with a crooked Pipe of glass I N H , the one half whereof is I P , 56 inches high , and one inch wide , the other half is P N R H , of a far narrower diameter , with an orifice H. There is also an orifice at L , with a neck , about which is knit a small chord M L , for letting down this Engine to the bottom of the VVater A B. For trials cause , fill the wide glass with Mercury from P to K , and you will find it rise in the narrow Pipe , as high as the orifice H. This being done , close hermetically , or with good cement the orifice L ; then by help of this chord , let all go down from the surface C D , till it be exactly 17 foot from the top , and you will find the Mercury thrust down in the narrow Pipe , from H to R , 14 inches and an half . Let it down next , as much , and the Mercury will be yet further thrust down , namely from R to N , the part H R N being full of Water . For understanding the reason of this , consider that between N and E , are 34 foot : for so high is the slender Pillar of Water , that comes from the top , and entring the orifice H , comes down thorow the Pipe to N. Consider next , that between the said Pillar of Water , and the Mercury N P K , there is a counterpoise : but this counterpoise cannot be , unless the Pillar of Water be 34 foot high , seing between N and K are 29 inches of Mercury ; for each inch thereof requires 14 of Water . Upon this account it is , that when the glass is 17 foot drowned , 14 inches and an half are thrust down from H to R. If it be objected , that the Pressure and Bensil of the inclosed Air I K ; is equivalent to the weight of other 29 inches ; and therefore the Pillar of Water E H R N , must be 68 foot high , before a counterpoise can happen . I answer , 't is true that 's said , but you do not consider , that there is a Pillar of Air F E , resting upon the top of the Pillar of Water , that makes a compensation exactly . To speak then truely and really , the 29 inches of Mercury N P K , have the weight of 58 inches ; and the 34 foot of Water E H R N , have the weight of 68 foot . For a third trial , let down the glass 6 foot further , and you will find the Water pierce up thorow the thick Cylinder of Mercury P K , and rest upon the top K. The only difficulty is to determine , how much will spring up before the motion of it cease ? 'T is evident , that the Water will ascend , because coming to the Base of a thick and gross Cylinder , that it cannot intirely lift , it must pierce thorow it , seing the force of such a Pillar of Water , is now much stronger , than the Mercury : for in effect , the glass being drowned 6 foot further , the Pillar that comes down thorow the slender Pipe , hath the just weight of 34 inches of Mercury : but 29 cannot resist 34 : therefore the Water not being able to lift it , by reason of the disproportion that 's between the thickness of the one , and the slenderness of the other , it must pierce up thorow it . For clearing this difficulty , consider , that this glass cannot go down from one imaginary surface to another , v. g. from 34 foot , where it was , till it come to 40 , where it now stands , but there must be an alteration in the equipondium , seing by going down , the Pillar of Water E H R N grows higher , and consequently heavier ; and therefore , some VVater must pierce up thorow the Mercury , for making a counterpoise ; for 't is impossible for two Fluids to counterpoise one another , unless they be in equilibrio . Consider secondly , that after the Water is come to the top of the Mercury at K , it will find difficulty to find a room for it self , seing the space between S and I is full of Air. Notwithstanding of this , it must ascend . I say then , after the glass is gone down from 34 , to 40 foot , there will be about four inches of VVater above K , which have reduced the 29 inches of Air K I , to 25 , S I. If it be asked , between what two things is the equipondium now ? I answer , the first was at R , between E H R , and R N P K. The second was at R , between N R H E , and N P K. The third is now at S , between the 25 inches of inclosed Air I S , as one Antagonist , and the four inches of Water S K , with the 29 inches of Mercury K P , and the Water P N R H E , as the other . To make a fourth equipondium , sink the Glass other six foot , till it be 46 foot from the top C D , then must some more VVater spring up thorow the Mercury ; this of necessity must be , seing the Cylinder of VVater N R H E , is six foot higher , and so far heavier , than it was : if this be , then must the 25 inches of Air I S , be reduced to less quantity ; seing 'tis impossible , for one Fluid to become heavier , unless its opposite and antagonist become heavier too , for an equipondiums sake . Note , that the Air I S , will not lose other four inches , with this six foot of VVater , as it did with the former . The reason is , because , if for every six foot the Glass goeth down , the Air were comprest four inches , it were easie at last to reduce it to nothing : for if six reduce it to four , and 12 to eight , 38 ought to reduce it to no inches , which is impossible . Therefore I judge it must suffer compression , by a certain proportion , as we see upon a Scale , the divisions of Artificial or Natural Sines grow less and less , there being more space between 1 and 2 , than between 2 and 3 ; more between 2 and 3 , than between 3 and 4 , and so upward till you come to 90. Therefore the second six foot , must reduce the 25 inches , not to 21 , but to 23 circiter , and so forth . By the which means , though the Glass should go down in infinitum , yet the Air shall never be reduced to nothing , and there shall still some small quantity of VVater come up . Or in such a case , the Air may be so comprest , that it can be no more , all the disseminate vacuities being expelled . But suppose this to be at 1000 fathom , then at 1500 , where the Pressure is stronger , there can be no equipondium , which is absurd , for where the pondus becomes stronger , the potentia ought to grow stronger likewise . I answer , the motion of condensation ceaseth indeed ; but there still remains a potentia , or rather in such a case , a perfect resistentia , whereby the Air is able to resist the greatest weight imaginable , before it can be reduced to nothing , or suffer a penetration of parts , that 's to say , two parts to be in one space . From the explication of these Phenomena we conclude first , that in Water there is a considerable Pressure , seing in letting down the Glass 17 foot , the Mercury is prest down from H to R , and from R to N , in going down other 17 foot . Secondly , that 29 inches of Mercury are as heavy as 34 foot of VVater : because the Mercury K P N makes a just equipondium with the VVater E H R N. Thirdly , that Fluids not only of the same kind , but of different kinds , do counterpoise one another according to altitude , and not according to thickness ; because though the Mercury K P N be far thicker , than the VVater E H , yet they counterballance one another , because a proportion is kept according to their altitudes . Fourthly , that a Fluid naturally lighter , may move a Fluid naturally heavie● , and thrust it out of its own place , because the Water coming in at H , thrusts down the Mercury to R , and from R to N , and so forth . Fifthly , that of two F●uids unequal in strength , debating together , the weaker of necessity must yeeld to the stronger , though the weaker be far heavier naturally than the stronger , as is evident in the Mercu●y , that yeelds to the Water . Sixthly , that it is impossible for two Fluids , so long as they are unequal in strength , to cease from motion , till they come to an equipondium ; because the Water alwayes springs up thorow the Mercury , till an equal Ballance happen . Seventhly , that one Fluid of this kind , can counterpoise another Fluid of the same kind , though there be divers Fluids interveening : because the Air F E , counterpoiseth the Air I K , or I S , notwithstanding of Water and Mercury interveening . Eighthly , that there may be as much Pressure in one inch of a Fluid , as in a million ; because the 29 inches of Air I S , have as much Bensil in them , as is in the whole Pillar of Air E F , that goeth up from the top of the VVater , to the top of the Atmosphere . Ninthly , that when one Fluid is under Pressure , the next must be under the same degree of Pressure , though they be not of the same kind , but of different sorts ; because the Air I S , the Water S K , and Mercury K P , are surely under the same degree of Pressure ; otherwise the motion could not end . Tenthly , that when two Fluids of divers kinds do press one another , that which is naturally lighter , ascends alwayes to the higher place , and the heavier to the lowest : because the Air I S , is above the Water S K , and the Water S K is above the Mercury . Note , that this is not universal , but only happens when the lighter Cylinder , is slenderer than the other , for if the Mercury K P , were no thicker than the Water P N R H , this would raise it intirely . Eleventhly , that the compression of Air to less space , is not according to Arithmetical progression , 1 , 2 , 3 , 4 , 5 , but according to some other proportion , which may be called Uniform-difform . Note here , that though this be true of the Air , while it is comprest from a more quantity to a less , as here , or in a Wind-Gun ; yet it is not true of the Pressure of the Element of Air , which is more and more from the top of the Atmosphere to the Earth , according to Arithmetical Progression , as in Water . We see lastly , that the heaviest of Fluids , such as Mercury , press upward , as well as downward ; because the top of the Mercury K , thrusts up the Water K S , as well as it thrusts down the Water P N R H. It may be enquired here , how far this Glass would go down , before the 29 inches of Air I K were reduced to one inch ? I answer , its hard to determine ; but it seems it ought to go down more than 300 fathom . In this case , there would be 28 inches of Water above K. Let us suppose the orifice H to be stopped at that deepness , and the Glass brought above the Water ; then , when the said orifice is opened in the Air , you will find the whole VVater P N R H thrust out : and not only this , but the whole Mercury P K , spring out at the orifice H likewise , except a little that remains between N and H : the reason is , because the 29 inches of Air , being reduced to one , would be under a very great Bensil ; therefore the weight being taken away that begat it , of its own accord , it would expand it self to its old dimensions ; which it could not do , unless both the 28 inches of VVater , that 's supposed to be above K , and the Mercury K P were thrust out of their places . EXPERIMENT XVI . Figure 22. THis Schematism represents a vessel full of VVater 84 inches deep , namely from L N the first surface , to M R the bottom . From M to R in breadth are 20 inches . There are here also two Glass-Pipes open at both ends ; the one , two inches wide , the other half an inch wide . Both of them are 85 inches long . X Y O is a surface of stagnant Mercury , among which the two ends of the Pipes are drowned . E C is a Pillar of Mercury six inches in height , and so is G D , both of them raised to that altitude , by the Pressure of the Water upon the surface X Y O. The Pillar E C A is supported by , and rests upon , the imaginary Pillar A P. And so is the Pillar G D B , supported by the Pillar B Q. There are three things that occurres here from this operation of nature to be enquired after . First , why ought the Mercury to rise in the two Tubs , after the Vessel is filled with Water ? Secondly , why rather six inches , then seven or eight ? Thirdly , what 's the reason , why it rises as high in the wide T●b , as in the narrow ? I answer , the Mercury rises from C to E , and from D to G , by the Pressure of the Water , that rests upon the surface X Y O. Before that the Water is poured into the Vessel , there is here a most equal and uniform Pressure upon the surface X Y O , both without and within the Tub , namely from the Air that rests upon it . But no sooner is the Water poured in , but as soon the Pressure becomes unequal ; the parts of the surface without the Tub , being more burdened , then the parts C and D within . Therefore , the part that 's less prest , must rise and climb up , till the Pressure become equal : for it 's impossible that a Fluid can cease from motion , so long as there is inequality of weight between the pondus and the potentia . If any doubt , let him pie●ce the side of the Vessel , and when the whole Water is run out , he will find E C and G D to have fallen down , which clearly proves the climbing up of the Mercury , to depend upon the in-pouring of the Water . For understanding the reason of the second , remember that Mercury ( as we have often noted ) is counted 14 times heavier then Water ; therefore E C must be six inches , seing X Y O is prest with the altitude of 84 inches of Water . It would be judged no marvel , to see the Mercury rise from C to E , and from D to G , provided the face of the stagnant Mercury were as high as Z F. No more strange it is , to see the two Mercuries rise , with the Pressure of the Water ; for in effect and really , the said Water is the just weight of as much Mercury as would fill between X O and Z F. For understanding the third , remember ( as was noted before ) that Fluid Bodies counterpoise one another , only according to altitude : therefore 't is no matter , whether the Tubs be wide or narrow . If it be enquired , how can one and the ●ame Water , counterpoise two Fluids of different weights ? To say , that Fluids counterpoise one another according to altitude , doth not clear the difficulty ; for it still remains to be asked , why they counterpoise one another after this manner ? Therefore it seems , that if the Water raise the Mercury from C to E in the wide Pipe , it must raise it in the narrow one from D to K. For answer , consider first , that as there are here two Pillars of Mercury C E , and D G within the two Tubs , so there are here also two Pillars of Mercury A P and B Q , under the two orifices , upon which the said two Pillars stand , and rest . Consider secondly , that the Potentia or force of the Pillar A P , is just equal to the Pondus of the Pillar E C A : Item , that the Potentia of the Pillar B Q , is equal to the Pondus G D B. Thirdly , that the Potentia of A P. is most exactly equal to the Potentia of B Q ; and the reason is , because their tops A and B , are parts of the same horizontal surface . I say then , if A P be equal to E C A , and B Q equal to G D B , and A P , and B Q , equal among themselves , then must E C A be equal to G D B. The same Water then , doth not counterpoise two Bodies of different weight . I grant E C A to be far heavier , than G D B , while they are weighed in a pair of scales , but the one is not heavier than the other , as they are weighed in this ballance of nature . From what is said , we see first , that in VVater there is a Pressure , and a considerable weight . This is evident from the rising of the Mercury . VVe see secondly , that Fluids counterpoise one another , only according to Altitude . Thirdly , that when a lighter Fluid presseth up a heavier , there is no more prest up of it , than is the just weight of the pressing Fluid , because the Mercury E C , is just the weight of the VVater that presseth upon X Y O. That 's to say , the part of the surface C , is no more prest with the Mercury E C , than the part X , is prest with the VVater L Z X. Fourthly , if Mercury were 28 times heavier than VVater , only three inches would be prest up : if it were but seven times heavier , the altitude would be at S , 12 inches above C. Fifthly , it 's as easie for a large part of a surface , to sustain a large Pillar , as 't is for a narrow part , to sustain a narrower Pillar : because A P sustains E C A , as easily , as B Q sustains G D B. Sixthly , that in Fluids there is a pondus and a potentia : as is clear from the potentia of A P , that sustains the pondus of E C A. The VVater likewise that sustains , hath a potentia , and the Mercury E C is the pondus of it . Seventhly , that there is alwayes equality of weight between the pondus and the potentia . So is the potentia of A P , equal to the pondus E C A. Eighthly , that the pondus begets the potentia . So the weight of the VVater , begets the potentia that's in A P. For make this VVater deeper , and you augment the potentia of A P. If you subtract from it , the potentia of A P grows less by proportion . Or the weight of E C A , may be said to beget the potentia of A P. To proceed a little further , let us suppose the Air H E to be removed . In this case , the Mercury rises 29 inches higher than E , or 35 above C ; even as high as S. In the narrow Tub it will climb up to K , if you take away the Air I G. This comes to pass , by vertue of the Pressure of the Atmosphere , that rests upon L N. From this we gather ninthly , that there is a counterpoise between the Air H E , and the weight of the Air that rests upon L N ; and that a slender Pillar of Air , is able to counterpoise a thicker : for H E is far narrower than L N. Tenthly , that the Pressure of the Air , can be communicated thorow divers kinds of Fluids ; because the weight that rests upon L N , is sent down thorow the VVater L Z X , and down thorow the stagnant Mercury , and thrusts up the Liquor from A to S , 35 inches . Eleventhly , that a lighter Fluid may be made to press with greater burden , than a Fluid naturally heavier ; because the weight of the Air upon L N , raises 29 inches of Mercury , but the VVater raises only six . VVe see twelfthly , that Fluids have a sphere of activity , to which they are able to press up themselves , or Fluids of different kinds : because first , the stagnant Mercury can raise it self no higher within the Pipe , than it is without . Next , the 84 inches of Water , can raise the Mercury no higher than E. Lastly , the weight of the Atmosphere , can raise the Mercury no higher than S , 29 inches above E. For another trial , take out from among the Water , the two Pipes , and stopping closely the two under orifices , fill them with Mercury to the brim . Then thrust them down as before , and open the said two orifices , while they are below the surface X Y O , and you will find the whole Cylinder fall down from H to E , and there halt : and the whole Cylinder in the narrow Pipe falls down from I to G. Or , if you please , before this be done , stop closely the orifice H , and the orifice I , and you will find the Mercury go no further down than S , by opening the orifice A ; and no further down than K , by opening the orifice B. This leads us to a clear discovery of the reason , why the Mercury subsides , and sinks down from the top of the Tub in the Baroscope , to the 29th inch , whatever the diameter of the Pipe be . And this lets us see , that the Mercurial Cylinder is suspended by the Air , after the same manner , that the Mercury E C is suspended after : and that there is no more difficulty in the one , than in the other . EXPERIMENT XVII . Figure 23 , 24. THis Schematism represents a Water 30 fathom deep . Under the first surface A , there are six imaginary , as B C D E F G , every one whereof , is five fathom below another . There are here likewise two Glasses , each one 12 inches high , and 5 inches broad , like unto these , wherein Wine , Sack , or Brandy is preserved . The Glass G M hath its orifice G upward . The other Glass is compleatly open below , without a narrow orifice . For making Experiment , take a long chord , as long as the Water is in deepness , and knit the end of it round about the neck of the Glass at G. Take another line of the same length , and fasten it to the bottom of the other Glass at L. Next , for sinking the two Glasses , take two weights of Lead , and fasten the one to the bottom at M , and the other to the open part of the Glass at S , and T. The two weights then , are P and Q , each one of them about 10 or 12 pound weight . These things being done , let first down the Glass G M , till the weight Q sink it five fathom , namely from A to B , and if you pull it up , you will find the bottom covered with Water , from M to I , about four or five inches . Let it down next , from A to C , ten fathom , and you will find more Water in it ; even as much as fills it from M to 2 , about seven or eight inches . In passing from C D , the Water rises from 2 to 3. If you sink it , from D to E , the VVater rises from 3 to 4. The VVater rises from 4 to 5 , when the glass is come the length of F. And lastly , when the Glass is at G , the lowest fathom , the VVater is as high as K. Let down next , the other Glass from A to B , and you will find the Water rise in it from H to I , four or five inches , as in the other Glass . In going down from B to C , it rises from 1 to 2. From C to D , it rises from 2 to 3. From D to E , it rises from 3 to 4 , and so forward , till the Glass come to the lowest fathom , where the Water rises as high as I. There are here several Phenomena to be considered . First , that the Water creeps in at the orifice G , and fills the under part of the Glass from M to K. Secondly , that not one particle of Air comes out , all the time the VVater is in going in . Thirdly , that this Air is comprest from M to K , nine inches . Lastly , that the ingress of the Water , is according to unequal proportion : because while the Glass passeth from A to B , more VVater creeps in at G , and fills the bottom , then in passing from B to C. And more in going down from B to G , than in going down from C to D , as is clear from the unequal divisions 1 , 2 , 3 , 4 , 5 , 6 , For understanding the reason of the first , remember that in this deep Water , there is a Pressure , and that this Pressure grows , as the VVater grows in deepness . It is then by vertue of this , that the VVater creeps in , and fills the bottom of the Vessel : for in effect , every part being under a burden , and being therefore desirous to liberat themselves from it , they take occasion to thrust in themselves , finding , as it were , more ease here , than without , the Air within the Glass , being under less Pressure , than the VVater without . The second Phenomenon is caused by the straitness and narrowness of the hole G : for this entry being no wider , than the thickness of a Sack-Needle , the Air cannot go out , while the VVater is coming in ; that is , the passage is so strait , that the one cannot go by the other . This leads us to the reason of the third , for if not one particle of Air go out , all the while the Glass is in going down , then surely , the VVater filling between M and K , must compress the Air , and reduce it from twelve inches to three . But the greater difficulty is , why the ingress of the VVater is according to unequal proportion . For understanding this , consider , that this inequality , is not caused by any unequal Pressure that 's in the VVater ; for if this were true , then there ought to be less Pressure in the surface F , than in the surface E , and less in E , than in D , which is false and absurd . This inequality then , must flow from the nature of the Air it self , that naturally suffers compression after such a manner . 'T is evident from the compression of Air in Wind-guns ; for less force is required to compress the first span , than to compress the second : or contrariwise , more strength is required , to compress the third span , than the second ; more to compress the fourth , than the third , and so forth . 'T is evident in all bodies endowed with Bensil , as in the Spring of a Watch , that requires more strength to bend it . in the end , than in the beginning . For a second trial , pull up from the bottom of the Water the Glass L I H , and when it comes above , you will find nothing in it . The reason is , because the Vessel being open between T and S , the whole VVater I H , falls down by degrees ; but in effect , is really thrust out , by the strong Bensil of the comprest Air I L , that now expands it self , when it finds the Glass go up thorow the VVater , whose Pressure is less , and less from the bottom to the top . but the contrary effect follows , when the other Glass is pulled up ; namely , the VVater remains within the Glass , and the Air above it , is thrust out by degrees , as the Glass comes nearer to the top . For understanding the reason of this , consider first , that while the orifice G , is level with the lowest surface , where it now is ; that 's supposed to be 30 fathom deep , there is a real counterpoise between the inclosed Air G K , and the ambient VVater without : for with what force the one strives to be in , with the same force the other endeavours to be out ; and because they are in equal terms , therefore the one cannot yeeld to the other . If you please to give the victory to the VVater , then let the Glass go further down : but if you desire the Air to overcome , then must the Glass be pulled up . Pull it then up from the place it is in , till it come to F , and you will find a considerable quantity of Air come out at G , and after 2 or 3 minuts of time , emerge and come to the top A , in form of round Bells , or Bubbles . The deepness and groseness of the Water thorow which the Bubbles come , makes their motion so slow . The reason of this eruption , must be less Pressure of Water in the surface F , than in the lowest G , from whence the Glass came . Suppose then , the lowest to have six degrees of Pressure , F to have five , E to have four , D three , C two , and B to have one : and supposing the inclosed Air K G , to be equal in force to the Pressure of the lowest fathom , it must then have six degrees of Bensil in it . Put the case then , that with six degrees of Bensil , it come to the surface F , that hath but five , it must surely break forth , and overcome the force and power of that surface : for 't is impossible that two Fluids can be unequal in force and power , but the strongest must overcome , and the weakest yeeld : therefore , when the orifice comes to F , the Air being stronger than the Water , breaks forth ; and as long doth this eruption continue , as inequality of power continues between the one and the other . In pulling up the Glass from F to E , other five fathom , more Air comes out . The reason is the same , namely less Pressure in E than in F : therefore , when the inclosed Air , that hath five degrees of Bensil , comes to E , that hath but four , it must overcome , and so long must it be victorious , till by expanding it self , it be reduced to the Bensil of four . In pulling up the Glass from E to D , more Air yet breaks out , because a surface of three degrees of Pressure , is not able to resist four degrees of Bensil . In passing from D to C , more Air comes yet out for the same reason , till in going up to the top , where there is no Pressure , no more Air breaks out . 'T is to be observed first , that the motion of the Air up thorow the Water is but slow , the medium being thick , and gross . Secondly , that if the Glass be pulled up quickly , from one surface to another , or contrariwise , let down quickly , it presently breaks in pieces . This comes to pass through the strong Bensil of the inclosed Air , that must have time to expand it self , otherwise it breaks out at the nearest : for it being of six degrees of Bensil , and coming quickly to a surface of five , there happens an unequal Pressure , the sides of the Glass being thrust out , with greater force , than they are thrust in with . But if so be , the Glass move slowly up , the inclosed Air gets time to thrust it self out by degrees , so that whatever surface the Glass comes to , there is little difference between the Pressure of the Water , and the Bensil of the Air. The reason why the Glass breaks in pieces , while it goes quickly down , is likewayes unequal Pressure upon the sides : for in passing quickly from a surface of five degrees , to a surface of six , the sides are prest in with greater force , than they are prest out with , and the reason is , because through the straitness of the hole G , the Water cannot win in soon enough , to make as much Pressure within , as there is without . 'T is to be observed thirdly ; that if the orifice G be stopped , before that the Glass be sent down , it will not go beyond three or four fathom , when it shall be broken in pieces ; though the motion were never so slow : and this comes to pass , through the strong Pressure of the Water . Fourthly , the stronger the Glass be in the sides , it goes the further down without breaking : therefore a round Glass Bottle , will sink 20 or 30 fathom , before that it be broken with the Pressure of the Water . If a Vessel of iron were sent down , it ought to go much further . An empty Cask , or Hogsh●ad , will not sink beyond seven or eight fathom , without breaking , or bursting ; yet a Bladder full of wind , knit about the neck with a Pack-Threed , will go down 100 fathom , yea 1000 without bursting . It may be here inquired , what sort of proportion is keeped by the unequal ingress of the Water ? I answer , it may be known after this manner . Let first down the Glass one fathom , and having pulled it up again , measure the deepness of the Water in the bottom , of it . Next , having poured out that Water , let it down two fathom , and pulling it up , measure the deepness , which you will find more , than afore . Do after this manner , the third time , and the fourth time , till you come to the lowest fathom , and you will find the true proportion . From what is said we see first , that in Water there is a Pressure , because through the force and power of this Water , the 12 inches of Air that filled the Glass , are reduced to three . Secondly , that this Pressure growes , as the Water growes in deepness : because there is more Pressure in B , than in A , more in C , than in B ; and Io downward . Thirdly , that when Air is comprest , by some extrinseck weight , the Bensil is intended , and grows stronger by unequal proportion , as is clear from the unequal divisions , 1 , 2 , 2 , 4 , 5 , 6. Fourthly , two Fluids cannot cease from motion , so long as the potentia of the one , is unequal to the po●d●s of the other : this is evident from the Water 's creeping in at G , all the while the Glass is in going down ; and from the Air 's coming out , all the while the Glass is in coming up . Fifthly , that no sooner two Fluids come to equality of weight , but as soon the motion ends : because , if the Glass halt at D , E or F , in the going down , upon which follows a counterpoise , then doth the creeping in of the Water cease . Sixthly , there may be as much Pressure in a small quantity of a Fluid , as in the greatest : because there is as much Bensil in the small portion of Air , included between K and G , as there is of Pressure , and weight , in this whole Water , that 's 30 fathom deep . Seventhly , that the Pressure of a Fluid , is a thing really distinct , from the natural weight : this is evident from the Pressure of the inclosed Air G K , that 's more and less , as the Pressure of the Water K M , is more and less , but the natural weight is still the same , seing the same quantity remains . Eighthly , one part of a Fluid , cannot be under Pressure , but the next adjacent , must be under the same degree of Pressure : this is also clear , because what ever degree of bensil the included Air K G is under , the Water K M is under the same . Therefore , when the one is under six , as in the lowest fathom , the other is under six likewise . And when the one is under five degrees of Pressure , as in the surface F , the other is under as much . Ninthly , Bensil and Pressure are equivalent to weight : because the Water K M , is as much burdened with the Bensil of that small portion of Air above it , as if it had a Pillar of Water 30 fathom high upon it . Tenthly , that the Pressure of Fluids , is most uniform and equal , and that two Fluids of different kinds , may press as uniformly , as if they were but one : this is evident from the sides of the Glass , that are not broken in pieces , by the strong Bensil of the inclosed Air , and heavy Pressure of the inclosed Water ; and this happens because the Pressure without , is as strong as the Pressure within . We see lastly , that Water does not weigh in Water , because when a man lets down this Glass by the chord , to the lowest surface , he finds not the weight of the Water K M , that 's within the Glass , but only the weight of the Lead Q. 'T is certain , he finds not the weight of the Water I H ; because it rests not upon the Glass within , but is sustained by ' its own surface , the mouth of the Glass being downward , and open . When I say Water does not weigh in Water ; the meaning is not , that Water wants weight or Pressure in it , but that this weight and Pressure is not found , as the weight and Pressure of other bodies are found , while they are weighed in Water . For example , a piece of Lead or Gold , hung in the Water by a string , the other end being fastened to a Ballance in the Air , gravitats , and weighs down the Scale ; and the reason is , because Lead and Gold , are naturally and specifically heavier than VVater ; but a piece of Metal of the same specifick weight with Water , or VVater it self , cannot gravitat in VVater , or weigh down the Scale of a Ballance ; and the reason is , because the surface of Water upon which they rest , bears them up with as great weight and force , as they press down with . If it be said , that the Water K M , rests upon the bottom of the Glass within ; and therefore , if the man above , find the weight of the Glass , he must find the weight of the Water within it . I answer , the consequence is bad , because the weight of the Water within , is sustained , and counterpoised by the weight of the Water without , whereupon the bottom of the Glass rests . That 's to say , as there is a Pillar of Water K M within the Glass , that presseth down the bottom , so there is a Pillar of Water without the Glass , whereupon the bottom of the Glass rests , and which bears up both . But the greater difficulty is this , the further down the Glass goes , it grows the heavier , because of more and more Water , that creeps in at G. Now 't is certain , the weight Q grows not heavier , therefore it must be the Water within the Glass , that makes the increase of the weight ; and therefore Water must still weigh in VVater . If this argument had any strength in it , it would prove the weight of the VVater I H to gravitat and weigh likewise ; because the further down this glass goes , it grows the heavier , because of more , and more Water , that creeps up from H to I. Now 't is certain , the weight of Lead B grows not heavier . Behold , the difficulty is the same in both , and yet it were rashness to affirm the Water I H to be found by a mans hand , when he pulls up the Glass with a string , seing it is sustained by its own surface , and not by any part of the Glass . Though this might suffice for an answer , yet because the contrary is mantained by some , and that with a new Experiment to prove it , I shall be at some more pains to vindicat the truth of what I have said . This new Experiment to prove that Water weighs in Water , I found in a Philosophical Transaction , of August 16. Anno 1669. Numb . 50 , the Invention whereof is attributed by the publisher , to that honorable and worthy Person Mr. Boyl , whose conclusions and trials , I never much called in question , but finding this opposite , and contrary to what I have demonstrated , I shall crave liberty to say , amicus Socrates , amicus Plato , sed magis amica veritas ; and shall therefore examine it as briefly as may be . The words of the Publisher are as follows . The Author of this Invention is the Noble Robert Boyl ; who was pleased to comply with our desires , of communicating it in English to the curious in England , as by inserting the same in the Latine Translation of his Hydrostatical Paradoxes , he hath gratified the Ingenious abroad . And it will doubtless be the more welcome , for as much as no body , we know of , hath so much as attempted to determine , how much Water may weigh in Water ; and possibly , if such a Problem had been proposed , it would have been judged impracticable . The Method or Expedient , he made use of , to perform it , as near as he could , may easily be learned by the ensuing accompt of a Trial or two , he made for that purpose , which among his Notes he caused to be registred in the following words . A Glass-bubble of about the bigness of a Pullets egg , was purposely blown at the flame of a Lamp , with a somewhat long stem turned up at the end , that it might the more conveniently be broken off . This Bubble being well heated to rarify the Air ; and thereby drive out a good part of it , was nimbly sealed at the end , and by the help of the Figure of the stem , was by a convenient Weight of Lead depressed under Water , the Lead and Glass being tyed by a string to a Scale of a good Ballance , in whose other there was put so much weight , as sufficed to counterpoise the Bubble , as it hung freely in the midst of the Water . Then with a long Iron Forceps , I carefully broke off the seal'd end of the Bubble under Water , so as no Bubble of Air appear'd to emerge or escape through the Water , but the Liquor by the weight of the Atmosphere , sprung into the un-replenish'd part of the Glass-Bubble , and fill'd the whole cavity about half full ; and presently , as I foretold , the Bubble subsided , and made the Scale 't was fastned to , preponderate so much , that there needed 4 drachms , and 38 grains to reduce the Ballance to an equilibrium . Then taking out the Bubble with the Water in it , we did , by the help of a flame of a Candle , warily applyed , drive out the Water ( which otherwise is not easily excluded at a very narrow stem ) into a Glass counterpoised before ; and we found it , as we expected , to weigh about four drachms and 30 grains , besides some little that remained in the Egg , and some small matter that might have been rarified into vapors , which added to the piece of Glass that was broken off under Water and lost there , might very well amount to 7 or 8 grains . By which it appears not only , that Water hath some weight in Water , but that it weighs very near , or altogether as much in Water , as the self same portion of Liquor would weigh in the Air. The same day we repeated the Experiment with another sealed Bubble , larger then the former ( being as big as a great Hens-egg ) and having b●oken this under Water , it grew heavier by 7. drachms and 34 grains ; and having taken out the Bubble , and driven out the Water into a counter pois'd Glass , we found the transvasated Liquor to amount to the same weight , abating 6 or 7 grains , which it might well have lost upon such accompts , as have been newly mentioned . Thus he . Figure 24. THe design then of this Experiment is to prove that water weighs in Water ; but , it seems , there is here a very great mistake , which I shall make out after this manner . For which cause , let this Schematism 24 represent the Experiment already described . The ●lass-bubble then is E P F R. The stem is H C : the weight that sinks the Glass is B. The surface of Water under which it is drowned , is A D. The Ballance to which the Glass is knit by a string is N O. And lastly E F R is the Water that came in , and filled the half of the Bubble . Now I say , it is not the weight of the Water E F R , that turnes the Scales above , and makes an alteration in the Ballance , but ' its only the weight of the Lead B , that does it . For evincing this , consider that all heavy bodies , are either lighter in specie than Water ; as cork● or of the same specifick weight with it , as some Wood is , or last●y heavier in specie than Water , as Lead or Gold. Now 't is certain , that bodies of the first sort cannot weigh in Water , and the reason is , because they being naturally lighter , their whole weight is supported by the Water , and therefore not one part of them , can be born up by a Ballance above . A piece of Cork that weighs 12 ounces in the Air , weighs nothing in Water , because as soon as it toucheth the surface , the whole weight of it is supported , and therefore cannot affect the Ballance above . But bodies of the third sort , as is clear from experience and reason , does really weigh in Water : And the reason is , because they being naturally heavier than water , their whole weight cannot be supported by it , and therefore some part of them must burden the Ballance , to which the body is knit . A piece of Lead , that weighs 12 ounces in the Air , will not lose above 2 ounces , when ' its weighed in Water ; or may be less . But here there is no difficulty . The question then is , in order to bodies of the same specifick weight with Water , as some Wood is , or as Water is . I say of such also , that they cannot weigh in Water ; and the reason is , because they being ●ust of the same weight , must have their whole weight supported by it ; even as one foot of Water , supports the whole weight of the foot above it . It may be evidenced after this manner . Take a piece of Wood , that 's lighter in specie than Water , and add weight to it by degrees , till it become of the same weight with Water . Knit it with a string to a Ballance , ond weigh it in Water , and you will find the whole weight supported by the Water . And the reason is , because , being left to it self , it can go no further down , than till the upper part of it , be level with the surface of the Water . Now , the whole weight being thus supported , not one ounce of it can burden the Ballance . In a word , the Ballance can never be burdened , unless the body that 's knit to it , have an inclination to go to the ground , when left to it self , which a body of the same weight with Water can never have . I conclude then , if a body of the same weight with Water , cannot weigh in Water , neither can Water weigh in Water , seing Water is of the same weight with Water . And Therefore the Water E F R , that 's now within the Bubble , cannot in anywise burden the Ballance above ; but must be supported wholly by the Water I K G H , upon which the bottom of the Glass rests . If it be said , that the Glass it self is supported by the Ballance , because ' it s heavier in specie than Water ; therefore the VVater within that rests upon the sides of it , must be supported likewise by it . I answer , the whole weight of the Glass is not supported , by the Ballance , but only a part ; the VVater I K G H supporting the other part . And this part is just as much as is the weight of VVater , that 's expelled by the Glass . Now , if the said VVater support so much of the Glass , because it is the just weight of so much VVater , why should it not also , support the VVater within the Glass ? Seing the VVater within the Glass , is just the weight of as much VVater , as will fill the space E F R. I come in the next place to shew , that it is the weight of the Lead B that turns the Scales , when the VVater comes in at C , and fills the half of the sphere . For understanding this , let us suppose first , the weight that 's in the Scale O to weigh six ounces . Secondly , that the Glass takes 12 ounces to sink it compleatly under the surface A D. Thirdly , the weight B to be 18 ounces ; namely for this cause , first , that 12 of it may sink the Glass ; next , that the other six may counterpoise the six in the Scale O. Lastly , that the VVater within the Glass weighs six ounces . I abstract from the weight of the Glass it self , which is not considerable , seing the most part of it , is supported by the VVater , and not by the Ballance . Now , I say , 't is six ounces of the weight B that makes this alteration , and turnes the Scales . For if 12 ounces sink the Glass below the VVater , when ' its full of Air , and no Water in it , then surely ●ix are sufficient to sink it , when it is half full . And the reason is , because there is a less Potentia or force in six inches of Air , by the one half , to counterpoise a weight of 12 ounces , than in 12 inches of Air. Therefore this Air , being reduced from 12 inches to six , it must take only six ounces to sink it . If this be , then the other six ounces that now wants a party to counterpoise them , must burden the Ballance , and be supported by the Scale : and therefore , to make a new equipondium again , you must make the weight O 12 ounces , by adding six to it , that it may counterpoise 12 of B , the other six being counterpoised by the Air E P F. Let us suppose next , this Glass to be compleatly full of VVater , and the whole Air expelled . In this case the Scale O , must have 18 ounces in it , for making a new equip●ndium . The reason is , because there being no Air in the Glass to counterpoise any part of B , the whole weight of it must be sustained by the Ballance , and therefore in the Scale O , there must be 18. Now , I enquire , whether these 18 ounces , are the equipondium of the VVater within the Glass , or of the weight of Lead B ? 'T is impossible it can counterpoise them both , seing the VVater is now 12 , and B 18. It must then either be the counterballance of the Water , or the counterballance of the Lead . It cannot be the first , because 12 cannot be in equipondio with 18 , It must then be the second . Or if these 18 ounces in the Scale O , be the counterpoise of the Water within the Glass , I enquire what sustains the weight of the Lead B ? The weight of it , cannot be sustained by the Water , because 't is a body naturally heavier than Water , it must therefore be sustained by the Ballance , I conclude then , that Water cannot weigh in Water . If it be objected , that this conclusion seems to contradict , and oppose the Pressure of the Water , that 's been hitherto confirmed with so many Experiments . I answer , the Pressure of the Water is one thing , and Water to weigh in Water is another . The first is , when one Pillar of Water counterpoises another , or when a Pillar of Water counterpoises a Pillar of Mercury , or is counterpoised by a Pillar of Air , all which is in order to the Natural Ballance , wherein bodies weigh only according to altitude . The second is , when VVater is not counterpoised by VVater , or by Mercury , or by Air , or by any other Fluid ; but when ' its weighed by a piece of Lead or stone in an Artificial Ballance , for knowing how many ounces or pounds it is of , as if a man should endeavour to weigh the Water E F R by help of the Ballance above , which in effect is impossible . EXPERIMENT XVIII . Figure 25. MAke a Wooden Ark after this following manner . The Planks must be of Oak , an inch thick . The height 40 inches . The breadth 36. Closs on all sides , and above , and open below . And because the form is four-square , there must be four Standarts of Timber , in each corner one , to which the Planks must be nailed . Four likewise upon the top , crossing the other four at right angles , to which the cover must be joyned . The sides must be plained , and the edges both plained and gripped in all the parts , that the joynings may be closs . Upon the top fasten a strong Iron Ring , as at N , through which must be fastned a Rope , of so many foot or fathom . And because the use of this Engine is for Diving under the Water , it must therefore be all covered over with Pitch within and without , especially in the couplings . And because this Instrument cannot sink of its own accord , it must have a great weight of Lead appended to it , for that cause , whereupon the Divers feet must stand , while he is in going down . The precise quantity and weight of it cannot be determined ; because it depends upon the quantity of the Ark , which if large , requires a great weight : if of a lesser size , requires a lesser weight . But whatever the dimensions of the Ark may be , the weight of the Leaden-foot-stool can easily be found out by trial . This Invention then , is for Diving , a most excellent Art , for lifting up of Guns , Ships , or any other things , that are drowned below the Water . And it is in imitation of the Diving bell , already found out , and made use of with success . It is called a Bell , because of the form , that represents a Church-bell indeed , being round , wide below , and narrower in the top : only , the matter is of Lead . It seems , it is of this mettal , first , because Lead is weighty , and will therefore easily sink : secondly , because it 's easily founded , and will by this means , being of one piece , be free of rifts , and leaks : thirdly , it being of Lead , will be of a considerable strength for resisting the force of the VVater , that ordinarily breaks in pieces Vessels that are weak . I cannot well divine and guess the reason , why first it is round , and next narrower above , than below , unless , because its more easily founded after this way , than after another . This device here described is named a Diving Ark ; first , because it is of Timber , and next , because it saves a man from being overwhelmed with the Waters . I prescribe it of Wood , because of less trouble , and expence in making of it . 'T is four square , because it contains under this Figure , far more Air , than if it were round ; even as much more , as a square Vessel 30 inches wide , contains more than a round Vessel 30 inches wide . Now , the more Air , that 's in the Vessel , the easier is the respiration , and the longer time is the man able to abide under the VVater , which two things are of great advantage to this Art. For if by a guess we reckon , how much more Air is in the one , than in the other , we will find in the Ark , as before it is described , 30 square foot of Air , but in the Bell , though it be 36 inches wide , as well above , as below , yet little more than 23 will be found , which is a considerable difference . But far less must be in it , seing it's narrower above , than below . Besides this advantage , there are others very useful : for being of Wood , it 's more tractable . Next , several Knags of Iron may be fastened conveniently to the sides within , to which a man fastning his hands , may keep his body fixed and sure in going down , and coming up . Moreover , if a man were in hazard to be confounded with fear , or lose the right exercise of his senses , and so be in danger of falling out of the Ark ; or if his feet should slide off the foot-stool , and his hands fail him too , a chord knit to one of those , and fastened about his wast or middle , might bring him up , though he were dead . Then , it s far easier to cut out a window or two in the sides of it , not very large , but little , as K and I , whereby , they being covered with Glass , a man may see at a distance , what 's upon the right hand , and what 's upon the left , and what is before . This device is of excellent use , for through the want of it , the Diver sees no more , but what is just below him , which sometimes , when he is near the ground , will not exceed the compass of a large Mil●wheel . But if so be , three holes be cut thorow , one on every hand , and one before , he may see as much bounds , and all things in it , as if he were not inclosed , and invironed with a cover . A little schelf likewise may be fixed upon the one side or the other , for holding a Compass with a Magnetical Needle , for knowing how such and such a thing lies in the ground of the Sea. In one of the corners may hing a little bottle with some excellent spirits , for refreshing the stomach , under VVater . Many moe advantages I might name , this Engine being of Timber , but shall forbear ; leaving the collection of them to the ingenious Reader , and proceeds to answer some objections , that may be made against it . First , if this Engine be made of Wood , it will not sink so easily , as being made of Lead . I answer , this difficulty is soon overcome , namely by making the Foot-stool the heavier : therefore how light soever it be , a weight may be found to counterpoise it in the VVater . If it be judged too light in Timber , it may be lined with Lead , especially without . Secondly , if it be of VVood , there must be couplings and joynings in it , and so rifts and leaks in it , through which the VVater may come . I answer , there is less difficulty here , than in the former ; because the joynts may be made so closs in all the parts , and may be so covered over with pitch , or with some such like matter , that it may defie either Water to come in , or Air to go out . Thirdly , if it be made of VVood , it will be in hazard of breaking by the force of the VVater : for oft times its found , that the strongest Hogshead will burst asunder by the Pressure of it , if they go but down 7 or 8 fathom . I answer , this objection flows from the ignorance of the nature of Fluid bodies . If so be then , that a man knew , that the Pressure of VVater is uniform , most equal , and presseth upon all the parts of a body within it alike , no such scruple would occurre . I say then , the Ark , though no thicker in the sides , than a thin sawen dale , will go down , in spight of all the Pressure that 's in the VVater , not only 10 , but 20 , or 30 fathom , without all hazard . And the reason is , because what Pressure soever is without , to press in the sides , the same degree of Pressure is within to press them out . By this means , there is not one part of the VVater , how deep soever , to which the Ark may come down , but there will be found as much force in the Air within , as will counterballance the whole weight without , as will be infallibly demonstrated afterwards . This answers a fourth objection , namely if holes be cut out in the sides of the Ark , in stead of windows , the force of the VVater will break the Glasses in pieces , that covers them . There is here no hazard , though the said windows were 12 inches in Diameter : but it s not needful they be so large . It 's sufficient , if they be 2 inches wide : for a mans eye near to a hole , 2 inches wide , will see a great way about him . There 's a necessity the Glasses be joyned in with cement , that Water may not have access to come in , or Air to go out . In such a case ther 's no hazard , that the Pressure of the VVater , will break through the windows , or break the Glasses ; because the Pressure of the Air within , being of the same force with the strength of the VVater without , the Glasses are keeped intire . It may be enquired , what hazard would follow , upon supposition a small hole were pierced in the head of the Ark above , when it is going down ? I answer , ther 's not so much hazard , as a man would think ; provided the hole be not wide , but narrow . If it be wide , not only the VVater comes in , but the Air goes out , the one thrusting it self by the other . If the hole be no wider , than the point of a bodkin is in thickness ; ther 's no danger at all : for by reason of the strait passage ; the one cannot thrust it self by the other , and therefore neither the VVater can come in , nor the Air go out . And this comes to pass , by reason , that the Air within , is as strong as the Water is without . Now , if they be both of the same strength and force , why ought the Air rather to go out , then the Water to come in ; or the Water rather to come in , then the Air to go out ? I am confident , though the hole were as wide , as a man might thrust in his little finger , yet no irruption of Water , or eruption of Air would follow . This demonstrats clearly , that though a small rift , or leak should happen in the Ark , yet no hazard or danger would follow thereupon . If it be inquired , whither the greatest hazard is from the ingress of the Water , or from the egress of the Air ? I answer , ther 's no danger from the coming in of the Water from above ; because as it comes in , it falls down , and so mingles with the rest below . But if the Air should go out , the Ark fills presently full of Water , and drowns the man that is in it . The next thing considerable in this Diving Instrument , is the foot-stool of Lead C D , that 's not only useful for a man to set his feet upon , when he dives ; but especially for sinking of the Ark. For this being made of Timber ; and full of Air , cannot of ' its own accord go down , unless it be pulled , and forced by some weight . It may either be broad and round , or square : if square , a large foot over from side to side , or 16 inches will determine the breadth . By this means , it will happen to be pretty thick , seing a great quantity of Lead is required . In each corner , there must be a hole , for four chords , by which it is appended to the mouth of the Ark. Between it , and the roof within , must be the height of a man and more . The weight of it , cannot be well determined without trial ; seing it depends upon the dimensions of the Ark. First then try , how much weight , will bring the top E F G H level with the surface of the Water . When this is found , add a little more weight till it begin to sink , and this will surely take it to the ground , though it were 40 fathom . 'T is to be observed , that when the top E F is level with the surface , there is here a just counterpoise , namely between the Lead foot-stool on the one part , as a pondus , and the Ark on the other part , as a potentia ; for with what force the Ark endeavours to pull up the Lead ; with the same force strives the Lead to pull down the Ark. Hence it is , that as a small weight will turn a pair of Scales , when they are in equilibrio ; so a small weight added to the foot-stool will sink the Ark. Though it may seem difficult to determine the just weight of the foot-stool , without trial as I said , yet I purpose to essay it . For this cause consider that there is no Vessel of VVood almost , if it be once full of Water , but the orifice of it will ly level with the surface of the VVater , wherein it sweems . This proposition is so evident from experience , that it needs no confirmation . From this I gather , that as much weight of Lead or Stone will bring the top of the Ark E F G H , level with the surface of the VVater , as is the weight of the Water , that fills it . If you suppose then the Ark to be 36 inches broad , and 40 inches high , it must contain 30 cubique foot of Water . Now , supposing each square foot of this Water to weigh 56 pound , 30 foot must weigh 1680 pound . This is gathered from trial and experience , for after exact search , I found a cubique foot of Water , in bulk about 16 pints of our measure , to weigh 56 pound . Take then a piece of Lead of that weight , and you will find it make a just counterpoise with the Ark. If any be desirous to know the quantity of it . I answer , if lead be 13 times naturally heavier then Water , you will find that a piece of Lead about 16 inches every way will do it . If it be objected , that when a mans body is within the Ark , the weight of the foot-stool must be less , even as much less , as is the weight of the man , whom I suppose to weigh 224 pound , or 14 stone . I answer , the whole weight of the man is not to be deduced from the foot-stool , but the one half only , and the reason is , because a mans body being of the same specifick and natural weight with Water , it cannot preponderat or weigh in VVater , because magnitudes only naturally heavier then VVater weigh in VVater , as Lead , or Stone ; therefore seing the one half of the man is within the Ark , and the other without among the Water , that part only must weigh , that 's invironed with Air. This may seem a plausible answer , and might do much to satisfy these , that are not very inquisitive , yet , being examined , it will be found unsufficient . Therefore , I say , there 's not one part of the mans body , that weighs within the Ark , or makes it heavier . Yet , I affirm , that when the mans body is within the Ark , a less weight will sink it , then when his body is out of it , even as much less than before , as is the just weight of the one half of the man. For example , if 1680 pound be the just counterpoise of it without the Man , then after the Man is in it , it will take only 1568 pound to counterballance it , supposing the one half of the man to weigh 112 pound , or seven stone : yet it is not the weight of the man that makes this difference . For understanding what 's the cause of this alteration , consider , that when a mans body is within the Ark , there is less Air in it , then while his body is out of it , even as much less in quantity , as the bulk of the parts are , that are within . If this be , then must the Ark become heavier , not because the mans body makes it heavier , but because there is less Air , in the Ark , then before , and therefore , there arises an inequality between the weight of the foot-stool and the weight , or rather lightness of the Ark. For if 1680 pound of Lead , was the just counterballance of it , when it had 30 cubique foot of Air within it , it must exceed , when there is less Air in it . But there occures , here two difficulties , the first is , what 's the reason , why as much weight must be deduced from the foot-stool , as is the the precise weight of the one half of the man ? Secondly , how shall we come to the true knowledge of that weight ; that is , to know distinctly how many pounds or ounces it is of ? For answer , let us suppose , that the one half of the man , is just as heavy , as so much Water equal in bulk to his own half . This may be granted without scruple , seing a mans body is judged to be of the same specifick , and natural weight with Water : and though there should be some small difference , yet it will not make , or produce any insufficiency in the argument , for these demonstrations , are not Mathematical but Physical . Therefore , as much Water in bulk , as is equal to that part of the man , that is within the Ark , must be as heavy , as the half of the man. Now supposing the half of the man , to weigh 112 pound , and consequently that Water , to weigh as much , I affirm the said Water to contain 3456 cubique inches : but 3456 cubique inches , makes exactly two cubique feet , which I gather thus . Seven pound of Water requires 216 cubique inches , because a Cube of six inches , weighs exactly seven pound , therefore according to the rule of proportion , 112 pound will require 3456 inches , which amounts to two cubique foot . The Ark then by receiving the one half of the mans body , loseth two cubique foot of Air , therefore if 30 foot of Air , require 1680 pound weight of Lead to counterpoise it , 28 foot of Air , must require only 1568 pound : therefore to make a new counterballance , you must deduce 112 pound from the foot-stool . This answers both the difficulties . If it be said , that the foot-stool weighs less in VVater than in Air , therefore it must be heavier , then 1680 pound . I answer , 't is needful to abstract from that difference , till the just calculation be once made , and that being now done , I say , that a Cube of Lead 16 inches weighing 1680 pound , ( If Lead be 13 times heavier than VVater , ) will lose about 130 pound . The reason is evident , because a heavy body weighs as much less in VVater than in Air , as is the weight of the Water it expells . But so it is , that a Cube of Lead of 16 inches expells a Cube of VVater 16 inches : But a Cube of VVater 16 inches weighs 130 pound , which I gather thus . 216 inches , or a Cube of six inches , weighs seven pound , therefore 4032 inches , must weigh 130 pound . For if 216 give 7,4032 must give 130. But to return . Though there be small difficulty to let it down and to sink it 20 or 30 fathom , yet there is no small difficulty to pull it up again . And the reason is this , because the further down it goes , the Air within , is the more contracted , and thrust up , by the Pressure of the Water , towards the roof . By this means , though near the top of the Water , there was little difference between the weight of the Lead and the Ark ; yet 9 or 10 fathom down , the difference is great , the weight of the one , far exceeding the weight of the other , and therefore there must be greater difficulty to pull it up from 10 fathom , than from 5 : and yet more difficulty from 20 than from 10. However , yet 't is observable that , as the Ark in going down , becomes heavier and heavier , so in coming up , it growes lighter and lighter : therefore less strength is required , in pulling it up from the tenth to the fifth fathom , than from the fifteenth , to the tenth : the reason is , because in coming up , the Air within expands it self , and fills more space in the Ark , which in effect makes it lighter , and more able to overcome the weight of the Lead . To make these things more evident , let us suppose , that when the Ark is down 18 or 20 fathom , the Air to be contracted by the force of the Water , from L M to P Q 12 inches . Next , that the weight of the foot-stool is 1680 pound . Now , if this weight was the just counterpoise of the Ark , at the top of the Water , then surely it must far exceed it now , when it 's 20 fathom down , because the Air that was 30 foot , is now reduced to 21. Count then , and you will find , that if 30 require 1680 , 21 will only require 1176 : therefore the weight of the Lead , will exceed the weight of the Ark , at 20 fathom deep , by 504 pound . This will be yet more evident , if we consider , that while the top of the Ark E F G H , is level with the surface above , the VVater thrust out of ' its own place by this bulk , is just the weight of both Lead and Ark. But when ' its down 20 fathom , and the Air reduced from L M to P Q , there cannot be so much VVater expelled now as before , seing the space L M P Q is full of VVater . Now , I say , the Lead at 20 fathom , must be exactly so much heavier than the Ark , as is the weight of the said VVater L M P Q , which in effect will be 504. pound : for ' its a square body , 36 inches in thickness and 12 in deepness . The weight of the rope is likewise to be considered , that lets down the Ark : for the longer it be , and more of it goes out , it 's the heavier , and more troublesome to pull up . There is no way to cure this difficulty , but by finding out a way , how to keep a just counterpoise between the Lead and the Ark , all the time it is in going down . If the Air within did not contract it self , no difference would happen : but this is impossible , so long as the Water is under a Pressure . The expedient then must be found out another way , namely by kniting a small rope to the iron ring N , in length with the other , to which at certain distances , relating to the fathoms the Ark goes down , must be fastned empty little Vessels of Wood , or bladders , which by their lightness , may compense the decrement and decreasing of the Air. First then , let down the Ark three fathom , and see how much it is heavier than before : and as you find the difference , so fasten to R one Bladder , or two , till the Ark be brought near to a counterpoise . Secondly , let it go down other three fathom , and observe that difference also , and accordingly fasten to T as many , as will reduce the two to a counterpoise again . Do after this manner , till it sink 15 or 20 fathom . 'T is to be observed , that the further down the Ark goes , the difference is the less : therefore less addition will serve : and the reason is , because there is less Air contracted , in passing between the fifth and the tenth fathom ; than in passing from the first to the fifth . The proportion of contraction is represented by the unequal divisions within the mouth of the Ark , as 1. 2. 3. 4. In a word , by what proportion the decrement of the Air is , by that same proportion must the addition be , upon the rope S N. Suppose then , the Air to be diminished four inches , in going down four fathom , which will be 5184 square inches , or three square foot , then surely as much Air must be added to the rope S N , by bladders . In going down as far , let us suppose three-inches to be contracted ; then less will suffice . Though it cannot be determined without trial , how much Air is contracted in three fathom , and how much in six , and how much in nine ; yet this is sure , that the decreasing is according to unequal divisions , that 's to say , less in six than in four , less in 8 , than in six , and less in 10 , than in 8 , and so downward : and that this is the rule , namely according to what quantity , the Air within the Ark is contracted , according to that same measure , must the addition of Air be to the rope . If it be said , that Bladders full of wind , cannot go down thorow the VVater without bursting . I answer , 't is a mistake , because their sides being pliable , and not stiff like the sides of a Timber Vessel , they yeeld , and therefore cannot burst . It 's observable that when a bladder goes far down , the sides becomes flaccid and flagging . In this case , the Air , that before , had the forme of the Bladder , and was somewhat ovall , must now become perfectly globular , and round : for 't is sure , that the dimensions of it are altered by the Pressure of the VVater , namely from more quantity to less : if this be , then the form must be round , seing the Pressure of the Water is most uniform ; even as drops of VVater , or Rain from a house side are round upon this account . This second way , may be thought upon also . Make the Leaden foot-stool that sinks the Ark , not of one piece , but of many , that so , when the Air within it , begins to be contracted by degrees , in going down , a proportionable weight may be subtracted , for keeping a just counterpoise , all the while of the descent . Or because the greatest trouble is in bringing of it up , let the Diver , when once he is at the bottom , subtract so much weight from the foot-stool , as he thinks will go near to make a counterpoise , at that deepness . For example , if the weight of the foot-stool be 40 pound heavier than the Ark , then let him subtract 30 or 36 , which may ly , and rest upon the ground , till it be drawen up , at a convenient time , by a chord . By his means it will be easie to move the Ark , from one place to another . Next , there shall be little or no difficulty to pull it up . Nay , upon supposition , the rope were broken , by which it was let down , yet if the Diver please , he may come up without any mans help . And this is most easily done , namely by subtracting as much weight , as will make the Ark the stronger party . 'T is to be observed , that when you are at the bottom , and if you make the Lead but one pound lighter than the Ark , it will surely come up , and cannot stop by the way . The reason is , because a very small weight will turn the Scales , between two bodies , thus weighing in VVater . Next , the further the Ark comes up , it becomes the lighter , because the Air within it , expands it self the more . But leaving this , let us come to explicat the reason , why the contraction of the Air is not uniform , but rather difform . For if in going down three fathom , three inches be contracted , there will not be other three contracted in going down the second three , but less : and yet less in going down the third three . Two things then are to be explicated here . First , why there is a contraction . Next , why it is after such a manner . As for the first ; the contraction is caused by the Pressure of the Water , which gradually increaseth from the top to the bottom ; as is clear from the last Experiment : therefore , there being a greater Pressure in a surface six fathom deep , than in a surface three fathom deep , the Air within the Ark , must be more contracted in passing between the third and sixth , than in passing between the first and third . When I say more contracted , the meaning is , that more quantity is contracted to less , whereby the Bensil of it is more intended ; or that the Air is more bended . As for the second , we must remember from the last Experiment , that the cause of this , is not from the VVater , as if forsooth the Pressure of it , were according to unequal proportion , but from the Air it self , whose kind and nature it is , to suffer compression after such a way . 'T is evident in Wind-guns , whose second span of Air is comprest with greater difficulty , than the first : and the third with greater difficulty , than the second . 'T is so with all bodies endowed with Benfil : for ay the longer you bend , you find the greater difficulty . As there is a great disadvantage to the man that Dives , from the contraction of the Air , so there is a great advantage to him , from this manner and way of contraction ; for if it were uniform , according to the Pressure of the Water , then if three fathom comprest three inches , six fathom ought to compresse six inches , nine fathom nine inches , and so forward , till by going down , either the whole Air , should be comprest to no inches , or else very little should remain for respiration . The next thing to be taken notice of , is that all the while , during the down going of the Ark , there is still equality of weight , between the Pondus of the Water , and the Potentia of the Air , for with what degree of weight , the Water presseth up the Air , with the same degree of force and power , doeth the Air press down the Water . If this were not , it would be impossible for a man to go down ; because of pain . For when one part of a mans body , is less prest than another , there ariseth a considerable pain , which sometimes is intolerable , as is evident from the application of Ventoso-glasses . This equality of weight , is the true reason , why respiration is so easie . Yet 't is to be observed , that a man cannot breath so easily in the Ark , under the Water , as above in the Air ▪ not because there is any inequality , between the weight of the VVater , and the force of the Air ; but only because the quantity of it is little . For when a man sucks in as much Air , as fills his lungs , the quantity must be diminished : if this be , the Water must ascend by proportion , though insensibly . When a man thrusts out the same Air again , the quantity is increased ; if this be , then the Water must subside a little ; both which cannot be , without difficulty , seing there is a sort of ebbing and flowing both of the Air and of the Water , in every respiration . But it rather seems ( you say ) that this difficulty flowes from the strong , extraordinary bensil , that the Air is under . I answer , as long as the pressure of a Fluid is uniform , though in a high degree , yet there can be no trouble in respiration ; because with what force soever , it is driven in upon the lungs , with the same force it is driven out again : therefore , though the Air we live in , were as much again bended as it is , yet ( as is probable ) we would find no more difficulty in breathing than now . There is one thing makes breathing easie under the Water , in the Ark , namely this ; when a man sucks in the Air to his lungs , his breast and belly goes out , and so fills the space deserted by the Air , that goes in . This makes the ebbing and flowing far less . From this equality of weight between the pressure of the VVater , and the pressure of the Air , we see good ground to say , that though the Ark , were no thicker in the sides , than a thin sawed dale , yet there would be no hazard of breaking . I am confident , though it were no stronger in the sides , than a wine-glass , that 's soon broken ; yet it might go down 40 fathom without hazard , or danger of bursting . This affords good ground likewise to make windows in the Ark covered with glass : for if the Pressure be uniform , and equal , its impossible they can be broken . The VVater cannot thrust them inward , because the Pressure of the Air , is as able to thrust them outward . It 's certain , the more Air be in the Ark , the more easie is respiration : therefore it s more easie to breath , when the Ark is but down 5 fathom , than when it is down 10 or 15. It 's probable a man might live within the Ark , it being 40 inches deep , and 36 inches wide , at the deepness of ten fathom , near two houres ; whereas if it were round , and narrow above in form of a Bell , he could not continue an hour . It were very easie to try how long other creatures might live in it , for example dogs , and such like , or fowls , as hens , pheasants or doves . They might easily be inclosed from coming out ; for though the whole mouth of the Ark were shut up , except as much passage , as would receive a mans fist , yet it will operate , as well that way , as the other . And there , a little door might be made to open , and shut at pleasure . 'T is observed , that by long tarrying under the Water in the Bell , the Air becomes gross and misty , which hinders a man from seing about him . The cause of this , are vapors that come from the stomach , lungs and other parts of the body , especially from the stomach , when the ventricle is full of meat . It 's not fit then , that a man about to dive , should eat too much , or drink too much , especially such liquors as Sack or Brandy , that beget many fumes and vapors . If a man were necessitated to tarry a pretty while below , fresh Air might be sent down from above , in bottles or bladders , even as much as might fill up the place deserted by the contracted Air. 'T is observed by some , that have been under the VVater , that their eares have been so troubled , that for a long time , they have found difficulty to hear distinctly . The reason of this must be from the great Pressure , the tympanum hath suffered from the imprisoned Air of the Bell. The Organ of hearing is soon troubled , especially when a man is near to a great gun , when it 's fired . And surely , when a man is but 34 foot down , the Air within the Ark , will be of double Bensil : put the case the man go down 68 foot , or 13 or 14 fathom , the Bensil is tripled : that 's to say , if the Air above have five degrees of Pressure in it , the Air of the Bell , at 68 foot deep , will have 15 degrees of Pressure ; therefore the tympanum of the ear that 's but a small and thin membran , must be sore distressed ; that is overbended , and prest inward ; even as , while a man sets upon a drum head a great weight , v. g. a Bullet of Lead or Iron , of 20 or 30 pound , the skin by this , suffers an extraordinary Pressure , whereby it is in hazard to be rent . 'T is probable , if a man should go very far down , the tympanum might be in hazard of breaking , or being rent in two pieces , there being a greater Pressure upon the one side from the Air without , than upon the other side , from the internal Air within , which is thought to be within the tympanum . There remains another Phenomenon to be explicated , and it 's this : the further up the Ark comes from the ground of the Water , towards the top , the Water within it , subsides and settles down more and more , towards the mouth . The reason of it is , because the further up , the Pressure of the Water is the less ; and therefore the contracted Air gets liberty to expand , and dilate it self , and so thrusts down the Water from P Q to L M. In a word , by what proportion the Air is contracted in going down , by that same proportion it dilates , and opens it self in coming up . This lets us see , as there is disadvantage in going down , from the contraction of the Air , so there is advantage in coming up , from the dilatation of it . Some think , that the coldness of the Water is the cause , why the Air is contracted in the Ark , such are those , who deny the Pressure of it . But this fancy is easily refuted ; because in asserting this , they must maintain , the further down , the cold is the greater . If this be , then far more Air must be contracted , in going down from 10 to 15 fathom , than in passing from 5 to 10 ; seing as they say , the further down , the cold is the greater ; and therefore the contraction of the Air must be the greater ; that 's to say , there must be more quantity of Air contracted in the one space , than in the other . But so it is , that the further down , the contraction is the less . They judge likewise the coldness of the Water to be the cause , why the sides of empty Vessels are broken in going down . But if this be , then a strong Vessel should go no further down than a weak Vessel ; seing cold can pierce thorow the sides of the one , as well as thorow the sides of the other . And why is it , that a bladder full of wind will go down 40 or 50 fathom without bursting , yea 100 , and yet a stone-bottle or glass-bottle , cannot go beyond 20 or 30 ? If cold have in it , that power to break the sides of a strong bottle , it must be far more able to burst the sides of a thin Bladder . This difference is clearly explicated from the Pressure of the Water ; but I defy any man to shew the difference from the coldness of it . 'T is to be observed , that in all such Experiments of sinking of Vessels , as Hogs-heads , Barrels , and Bottles , they must be closs on all sides . Therefore , if a man desire to know , how far down a Glass-bottle is able to go without bursting , he must stop the mouth of it exactly , with a piece of wood , and cement . In setting down the dimensions of the Ark , I have restricted them to 40 inches high , and 36 inches wide . But if any man be desirous to enlarge them , or make them less , he may do it . Only 't is to be observed , that the larger the Ark be , the Foot-stool that sinks it , must be the heav●er . Yet it hath this advantage , that it contains much Air , which is the great perfection of it . One of a lesser size hath this advantage , that it 's more tractable , and easier to let down , and to be pull'd up . But these things are best known from Experience , or if a man please , he may calculate . As the Ark is a most useful device for profit , so 't is excellent for pleasure , and recreation , if a man were disposed to see the ground and channels of deep VVaters , or were inclined to find out Hydrostatical conclusions , a knowledge very profitable , and which few have attained to . Though it seem somewhat difficult to enter the Ark , and go down below the Water , yet a little use will expell all fear . Then , a man may go down with less hazard , and fear in the Ark , then in the Bell , because he may conveniently fasten his hands , to each side of the Ark , if need were . He may conveniently sit , as in a Chair , all the time of down going , and up-coming , by fixing a little seat in it : he may have windows to look out at : his body may be so fixed , that there needs be no fear of falling out . If a man were desirous to make Hydrostatical conclusions , by Diving under the VVater , the dimensions of the Ark might be enlarged , so that it might conveniently cover a mans whole body , by which means , having much Air in it , a Diver might continue under Water half a day , if need were . Let us suppose then , the hight of it to be 8 foot , and the breadth 3 foot , or more . In such a case , a man might continue under the VVater many hours ; and yet not one part of his body wet : for if the Ark be 8 foot high , and the man 5 foot in stature , at the deepness of 10 fathom , the Water can scarce rise 3 foot in it . But why may not a man come up every half hour , when he finds difficulty to tarry down in a little Ark ? I answer , he may ; but it 's trouble and pains to pull him up , and let him down so frequently . And it may so happen , that through want of Air in a small Ark , he be necessitated to come up before he end his work . And leaving the work imperfect , he may find difficulty in the second down going , to find sometimes the place where he was , or the thing he was about to lift , v. g. a chest of Gold. If it be said , that a great weight of Stone or Lead is required to sink an Ark 8 foot high , which will amount to 4032 pound weight . I answer , 't is so indeed : but here is the advantage ; when it is once below the Surface , there 's little more trouble , then with an Ark of lesser dimensions ; because of the equipondium that's between it , and the weight , that sinks it . In such a Vessel many trials might be made . As first , that of the Torricellian-Experiment , which is nothing else , but a Glass-Tub so many inches long , with a Mercurial Cylinder in it of 29 inches high , that 's supposed to be kept up at that hight by the Pressure of the Air. If this were taken down about 34 foot , 't is very probable the Mercury would rise other 29 inches . The reason is , because the Air within the Ark , that presseth upon the Surface of the stagnant Mercury , must be under as much pressure again , as the Air above ; but the Air above , is able to support 29 ; therefore this Air must sustain 58. The reason why the Bensil is exactly doubled is this , 34 foot of Water hath exactly as much Pressure in it , as the whole element of Air ; therefore , the Air within the Ark , being 34 foot down , must not only have in it the Pressure of the Air above , but the Pressure of the Water likewise : this necessarily follows , because when two Fluids touch , or are contiguous to other , the one cannot be under five degrees of Pressure , unless the other be under as many . According to this reasoning , if the Ark go down 68 foot , the Mercury will rise from 58 to 87. If to 102 , it rises 116. This reckoning is founded upon this , namely that Water is 14 times lighter than Mercury ; and therefore one inch of Mercury requires 14 of Water to support it in a Tub , and therefore , before Water is able to raise 29 inches of it , the Pipe must be 34 foot deep . For a second trial , blow a Bladder as full of wind as it can hold , and having knit the neck about with a Pack-threed , place it in the Ark , and you will find the sides , that hath been stifly bended become flaccid and feeble , as if the one half of the Wind had gone out , and this will come to pass , before the Ark can go down eight or nine fathom . The strong bensil of the Air within the Ark is the cause of this : for as the Ark goes down , the Air grows stronger , and so at length becomes of that power and force , that it easily overcomes the force and Bensil of the Air of the Bladder , and reducing it to less room , causes the sides become flagging . In this case , the said Air , that was oval , and had the form of the Bladder , must become round in form of a Globe , because of the uniform Pressure , that it suffers from the Air of the Ark. When once the Ark is down 14 or 15 fathom , take the same bladder , and blow it stiff with Wind , and knit the neck as afore . And you will find that in the up-coming , the sides of it will burst asunder with a noise . When the Bladder is thus full of Wind , 't is supposed , that there is a sort of counterpoise between it , and the Air of the Ark. But as the Ark ascends , the Air of it , becomes weaker and weaker , while in the mean time , the Air of the Bladder suffers no relaxation ; therefore , when the Ark comes near the surface , there arises a great disproportion between the one Air and the other , as to strength , and therefore the Air of the Bladder being the strongest , rents the sides in pieces , and comes out with a noise . Or , blow it but half full of wind , and you will find before , the Ark come near to the top , the said Bladder to be bended to the full . For a third trial , take a Glass , such as they use in Caves , for preserving of Brandy , and stopping the mouth closely , take it down with you in the Ark ; and you will see , the sides of it break in pieces , before you go down four or five fathom . The strong Bensil of the ambient Air , is the cause of this . If you take it down with the orifice open , no hurt shall befal it . Or if you stop the orifice in the up-coming , you will find the same hurt come to it . But here is the difference , in the first bursting , the sides are prest inward , by the ambient Air ; in the second , the sides are prest outward , by the Air within the Glass . For a fourth trial , take a round Glass-bottle , pretty strong in the sides , and when it is down with you in the Ark 14 or 15 fathom , stop the mouth of it exactly , and when it comes above , you will find a considerable quantity of Wind come out of it , when the orifice is opened . This evidently demonstrats , that the Air within the Ark , 12 , 13 , or 14 fathom down , is under a far stronger Bensil then the Air above . For a fifth trial , let a man apply to his skin a cold Cupping-Glass , when he enters the Ark ; and he will find such a swelling arise within it , as when it is applied hot by a Chyrurgion . This tumor begins to rise , assoon as the Ark begins to go down . The reason is evident from unequal Pressure , the parts within the Glass being less prest , than the parts without . For a sixth trial , take a common Weather-Glass , and Place it in the Ark , and in the going down , you will see the liquor creep up in it , by degrees , as the Ark goes down , as if some extraordinary cold , were the cause of it . And as the Ark comes up by degrees , the said liquor creeps down by degrees . The cause of this Phenomenon is not cold , as some might judge , but the strong Bensil of the Air within the Ark , that so presseth upon the surface of the stagnant Water , that it drives it up . If you take with you , a Weather-Glass , hermetically sealled , no such thing will follow ; because the outward Pressure is keeped off . 'T is not then cold , that 's the cause , but weight . By the way take notice , that all common Weather-Glases are fallacious and deceitful ; because the motion of the Water in them , is not only caused by heat , but by the weight of the Air , which sometimes is more , and sometimes less , as frequently I have observed , and as hath been observed by others . This difference is found , by the alteration of the altitude of the Mercurial cylinder , in the Baroscope , which is more and less , as the Pressure of the Air changeth . In fair weather , and before it comes , the Mercury creeps up . In foul and rainy weather , and a pretty while , before it fall out , it creeps down . Because in fair weather , the weight of the Air is more , than in rainy and dirty weather . December , 13. 1669. I found the altitude 29 inches , and nine ten parts of an inch : at this time the heavens were covered with dry and thick clouds , and no rain followed . March 26. 1670. I found the altitude no more , than 27 inches , and nine ten parts , at which time , there was a strong Wind with rain . Between these two termes of altitude , I have found the Mercury move near a twelve moneth . 'T is a most sure prognosticator , for if after rain , you find the Mercury creep up in the morning , you may be sure , all the day following will be fair , notwithstanding that the heavens threateneth otherwayes . If after fair weather , the Mercury subside , and fall down a little , you may be sure of rain within a short time , though no appearance be , in the present . It falls down likewise , when winds do blow . What the true cause is , why there is such an alteration in the Pressure of the Air , before foul weather , and fair , and in the time of it , it is not easie to determine . But we proceed . Trial likewise might be made , by fiting a great piece of Ordnance above , whether the report would be heard below the Water or not ? This would determine the question , whether Water be a fit medium for conveying sound as Air is . Item , whether or not , the Sea water be fresher at the bottom , than near the top , which is affirmed by some . Item , whether sounds be as distinct in such a small portion of Air , as they are above . This might be tried with a Bell of a Watch. If need were , a little chamber Bell might be hung within the Ark , and a small chord might pass up from it , through the cover , whereby the persons above , might by so many tingles , speak such and such words to the Diver . I have demonstrated before , that though there were a little narrow hole made in the cover above , yet neither Air would go out , nor Water come in . If a man were curious , he might have a window not only in the sides , but in the roof above , covered with a piece of pure thin Glass , thorow which he might look up , after he is down two or three fathom , and see whether there appeared any alteration in the dimensions of the body of Sun or not , or seemed nearer . EXPERIMENT XIX . Figure 26. THis Figure represents a deep Water , whose first and visible surface , is F G. The imaginary surface , is E L C , 34 foot below it . A D B is a Siphon , working below this VVater with Mercury . A E L is a Vessel with stagnant Mercury , among which the orifice A is drowned , the other orifice B existing among the Water , D M is the hight of the Siphon above the line of level , which I suppose is 58 inches . For making it work , stop the two orifices closely , and pour in as much Mercury at a hole made at D , as will fill both the legs . Then stopping the said hole , open the two orifices A and B , and you will find the liquor run as long out at B , as there is any almost in the vessel A E L. For evincing this , which is the only difficulty , consider , that if this Siphon , were filled with Water , and made to work only with Air , ( as is clear from daily experience ) the liquor would run out constantly at B. Because there is here an unequal Pressure ; the surface of Air N B , being more burdened , than the surface E L C , but where unequal Pressure is in Fluids ( according to the 12th Theorem ) motion must follow , I prove the surface N B to be more burdened , than the surface E L C , because the Water B D , is heavier than the Water L D , as is evident to the eye . The Air B therefore , sustaining far more weight , than the Air E L , must cede and yeeld . Next , there is here a pondus and a potentia , the pondus is the VVater L D ; the potentia by which it is counterpoised , is the Water B D ; but these are unequal , B D being heavier , than L D ; therefore according to the 33 Theorem , these two Fluids cannot cease from motion . If it be said , that the surface N B is stronger , than the surface E L C , seing it is lower . I answer , the difference is so unsensible , that they may be judged but one . Now , I say , if this Siphon work in Air , with Water , it must likewise , work in Water with Mercury . Therefore , this Siphon being 34 foot below the first surface F G , the liquor must run out constantly at B. Because , there is here , an unequal Pressure , the surface of VVater N B , be●ng more burdened , than the surface E L C. Though there be more weight in N B , than in E L C , because it is lower , yet because the difference is not so much , as is between the weight of B D , and the weight of L D , it proves nothing . Note here , that so long as D , is within 58 inches of E L C , this Siphon will work . The reason is , because the Pressure of 34 foot of VVater , with the Pressure of the Air , upon F G , are able to raise Mercury exactly 58 inches . But if D exceed that hight , no Art will make the liquor run out at B. Note secondly , that this Siphon will operate with Air and VVater , though the top D were 34 foot above M ; and the reason is , because the Pressure of the Air , is able to raise a pillar of Water to that hight . Note thirdly , that if there were an orifice opened at C , upon the level line E L C , the two Waters would become of the same weight , the one not being able to move the other . If you bore a hole at R , the liquor ascends from R to D , and goeth down from D to A , and so the motion ends . But , if the leg A D were six times wider , than B D , the liquor would not run out at B. I shall answer this in the close . From this Experiment we see first , that the motion of Fluid Bodies up thorow Pumps , and Siphons is not for shuning vacuity , but because they are prest up violently . We see next , that when the Pressure is uniform , there is no motion in Fluids ; but assoon , as one part is more prest , than another , motion begins : because , this Siphon will not operate , if the orifice be made in C ; but if so be , it be in D , then the motion begins ; because there is here an unequal Pressure , which was not in the other . We see thirdly , that Fluids have a determinate Sphere of activity , to which they are able to press , and no further : because this Water , is not able to press Mercury higher than 58 inches . So the Air cannot raise Water higher than 34 foot . If this Water were 68 foot deep , the Sphere of it's activity would be 116 inches . We see fourthly , that in Fluids there is a Pondus and a Potentia ; and that the inequality of weight between the two , is the only cause of motion . We see fifthly , that as long as this inequality of weight continues , as long continues the motion , because , as long as B D , is heavier than L D , the motion perseveres . We see sixthly , the possibility of a perpetual motion in Fluids ; because the liquor runs perpetually out at B. If it be said , the motion ends , when the stagnant Mercury A E L faileth . I answer , this stop is only accidental , and not essentially from the nature of Fluids . If it be enquired , whether or not , would the Mercury run out at B , upon supposition , the shank L D were twice as wide , as the shank B D ? I answer it would . If it be said that the one is far heavier than the other , namely L D than D B. I answer , weight in Fluids is not counted according to thickness , but according to altitude . EXPERIMENT XX. Figure 27. THis last is for demonstrating the precise and just weight of any Pillar of Air , Water , Mercury , or of any other Fluid body , if some of their dimensions , be but once knowen . A B then is a square Pipe 12 foot high , and six inches in wideness , full of Water , resting upon the surface of Air A C. And E G is a square Pipe 12 foot high , and 12 inches wide , full of VVater , resting upon the surface of Air E F. None needs to doubt , but the two Waters , will be suspended after this manner , even though the orifices A and E were downward , especially if they be guarded with Water , but the demonstrations , will be the more evident , that wee suppose the two Pillars of Water to be suspended as they are . From this Experiment I say first , that the Pillar of Air C D is 168 pound weight , at least ; which I prove thus . The VVater A B is 168 pound : therefore the Air C D , must be as much . I prove the Antecedent , because it 's a Pillar of VVater 12 foot high , and six inches thick : but every half cubical foot of VVater , that containes 216 inches , weighs seven pound : therefore seing the Pillar is 12 foot , it must contain 24 half feet ; but 24 times 7 is 168. The only difficulty is to prove the Connexion , which I do thus , from the seventh Theor. all the parts of a Fluid in the same Horizontal line , are equally prest , but so it is , that the part A , and the part C , are in the same horizontal surface ; therefore the part A , and the part C , are equally prest . But if the part A , and the part C , be equally prest , the Pillar of Air C D , must be as heavy , as the Pillar of VVater A B. I say secondly , that the Pillar of Air F H , weighs 672 pound , I prove it thus . The Water E G weighs 672 pound ; therefore the Air F H , weighs as much . The Antecedent is clear , because E G , is a square Pillar of VVater 12 foot high , and 12 inches thick ; but every cubical foot of VVater weighs 56 pound : but 12 times 56 , is 672. I prove the connexion , as before . All the parts of an horizontal surface , are equally prest ; therefore the part F , must sustain as much burden , as the part E. To proceed a little further , let us suppose the Pipe A B to be 34 foot high , and the Pipe E G to be as much . I assert then thirdly , the Pillar of Air C D to weigh 476 pound , which I prove as before . All the parts of the same surface , are burdened with the like weight , but the part A sustains 476 pound , therefore the part C must support as much . The Connexion is evident , and the Antecedent is so too , because the VVater A B being 34 foot high , and six inches thick , must weigh 476 pound : for , if 216 inches , weigh seven pound , 14688 inches , must weigh 476 pound . I assert fourthly , the Pillar of Air F H to weigh 1904 pound , which I demonstrat by the former Medium . All the parts of a Fluid that ly in the same horizontal surface , are equally prest ; but so it is , that E and F , do so ly ; therefore F must be as much burdened as E ; the Water therefore E G , weighing 1904 pound , the Air F H , must weigh as much . For if 216 inches of Water weigh seven pound , 58752 inches ( for so many are in the Water E G ) must weigh 1904 pound . Let us suppose secondly , the Tub A B to be only 29 inches high , and the Tub E G , of the same hight , and that six inches wide , and this 12 inches wide . I affirm then fifthly , the Air C D to weigh yet 476 pound , and the Air F H , to weigh 1904 pound . Because the Pillar of Mercury A B , weighs 476 pound , and the Pillar of Mercury E G , weighs 1904 pound : therefore , if A B be 476 , C D must be as much . And if E G be 1904 ; F H , must be of the same weight . I prove the Mercury A B to weigh about 476 pound , though it be but 29 inches high ; because it is 14 times heavier than Water . For the same cause , doth the Mercury E G weigh about 1904 pound . I say about , because 34 foot , containes 29 inches , more than 14 times . Let it be supposed thirdly , the Pipe E G , ( being 34 foot high , ) to have the one half of it I G , full of Air , and the other half E K full of VVater , I affirm then sixthly , the part E , and the part F , to be yet equally burdened . That 's to say , the VVater E K , that 's now but 17 foot , makes as great a Pressure upon E , as when it was 34 foot . The reason of this , is surely the Pressure of the Air I G , that bears down the Water K E , with the weight of 952 pound , the half of 1904 pound . If it be said according to the Theorem 21 , that there is as much Pressure and weight in the least part of a Fluid , as in the whole ; therefore the Air I G , must be as heavy as E H. I answer I G , is not so heavy as F H , because the Water E K impending in the lower part of the Tub , hath occasioned the Air I G , to expand it self so many inches , by which means , it loseth so many degrees of it's Bensil . If you remove the Water E K , then will the Air I G , be as heavy , as F H ; because E K being Air , it reduceth I G to that same degree of Bensil with it self ; but when the Air E is burdened with the Water E K , it cannot make the Air I G , of that same weight with it self . Let us suppose fourthly , that only eight foot and an half of Water , are in the Tub , namely between E and N. I say then seventhly , that the part E , is as much burdened with it , as when the Pipe was full ; because the 25 foot , and an half of Air N G , is exactly as heavy , as the 25 foot and an half of the Water that 's gone . I prove it thus . The Air E hath the weight of 1904 pound in it self , seing the weight of the surface , is alwayes equal to the weight of the Pillar , but being burdened with the VVater E N , that weighs 476 pound , it cannot press up with more weight then with 1428 pound : and therefore the top of the Water N , must press upon the under part of the Air , that 's contiguous with it , with 1428. If this be , the Air N G , must press down with as much , seing according to the 20 Theorem , it is impossible , that one part of a Fluid , can be under Pressure , unless the next adjacent part , be under the same degree of Pressure . Therefore I conclude , that the 25 foot and an half of Air N G , is as heavy , as the 25 foot and an half of the Water that 's gone . This makes it evident also , that when the Pipe is half full of VVater , as E K , the Air I G , hath the weight of 952 pound . Because E being in it self 1904 , but being burdened with E K 952 , it cannot make the top of the Water K , press upon I with more weight than 952 ; and therefore ( by the 20 Theorem , ) the Air G I , must weigh 952 likewise . I affirm eighthly , that , when the Pipe is full of Water , from E to G , if a man poise it in his hand , he doth not find the weight of the Water E G. And the reason is , because it 's sustained by the part of the surface E. But if the Air E sustain it , my hand cannot sustain it . I find then only the weight of the Tub , but not the weight of the VVater within it . I say ninthly , that when I poise the said Tub , I find the whole weight of the Pillar of Air L M , which is exactly 1904 pound . I prove it thus . The pondus of a Fluid is then only found , when there is not a potentia to counterpoise it , or at least , when the potentia is inferior to the pondus : but there is here no potentia , counterpoising the pondus of the Air L M. Therefore , I must find the weight of it , when I lift up the Tub. The major proposition is clear from the tenth Theorem . It 's evident also , from common experience ; for while a ballance is hanging upon a nail , with six pound in the one scale , and nothing in the other , you will find the whole burden , if you press up that one scale with the palm of your hand . But if so be , there were six pound in the opposite scale , you will not find the first six ; and the reason is , because it is in equilibrio with other six . 'T is just so here , I must find the weight of the Air L M , while I poise the Tub , because it wants a weight to counterballance it . I prove the minor proposition thus . If any thing counterballance the Air L M , it must either be the Air below , namely the part E ; or the Water E G : but neither of the twain can do it . Not the Air E , because it hath as great a burden upon it , as it is able to support , namely the Water E G , that weighs 1904 pound . And for this cause , not the VVater it self , seing all the force it can have to counterballance L M , is from the surface of Air E ; but this is in equilibrio with it already . I said that the Air L M , was exactly 1904 pound weight . This also is evident , because it is just of these same dimensions , with the Air F H. If it be said , the Air L M must be thicker ; seing it's equal to the Tub without ; but the Air F H , is only equal to the Tub within . I answer , it is so indeed ; but here is a solution to the difficulty . I do not find the whole weight of the Air L M , but only as much of it , as is equal to F H. Suppose the Tub to be 12 inches within , from side to side , and 16 without , from side to side . I say then , I find only the burden of so much Air , as answers to the cavity of the Tub , because the rest of these inches , are counterpoised , by as much below , namely by the Air , that environs the orifice E : for it 's supposed , that if the Tub be two inches thick above , it must be as thick in the lips . So that the whole Tub , is not unequally prest , but only so much of it within upon the top , as answers to the cavity . Tenthly , that when the Pipe is but half full of VVater , namely from E to K , I find only 952 pound of the Air L M , though before I found 1904. The reason is , because the one half of it is now counterpoised by the Air I G , and therefore the weight of it becomes insensible . 'T is clear from the sixth assertion , that the Air I G , presseth down with 952 ; therefore it must press up with as much , seing according to the sixth Theorem , the Pressure of a Fluid is on every side . Eleventhly , that when there is only eight foot of VVater and a half in the Tub , namely between E and N ; I find only 476 pound of the Air L M. Because in this case , the Air N G counterpoiseth 1428 pound of it . For if the said Air , burden the Water N E , with 1428 pound , as is clear from the seventh assertion , it must likewise press up the Tub with as much , and so counterpoise as much of the Air L M. Twelfthly , that when there is nothing within the Pipe but Air , the whole weight of the Air L M becomes insensible to me . The reason is evident , because it is wholly counterpoised by the Air within the Pipe. I affirm thirteenthly , that the VVater E G , is in equilibrio with the Water A B : that 's to say 1904 pound , is in equilibrio with 476 pound . I prove it evidently , by the first medium ; all the parts of an Horizontal surface , are equally prest ; therefore the part A , sustains no more burden , then the part E , therefore A B , is as heavy as E G , and consequently , the Air C D , must be as heavy , as the Air F H. Lest this proposition may seem to contradict what is already said , I must distinguish a twofold Ballance , according to the third Theorem , one Natural , another Artificial . In the Artificial Ballance , where magnitudes do weigh according to all their dimensions , viz. Longitude , Latitude , and Profundity , the Water A B , and the Water E G , are not in equilibrio together , seing the one is 1428 pound heavier than the other . But in the Ballance of Nature , such as these Pipes are , all the four makes an equipondium together ; because they do not weigh here , according to their thickness , but only according to their altitude . Therefore seing A B is as high as E G , and seing C D is as high as F H , they must all be of the same weight . From the first assertion I infer , that one and the same Fluid , even in the Ballance of Nature , may sometimes be in equilibrio with a lesser weight , and sometimes with a greater , because the Air C D , that weighs really 476 pound , is in equilibrio with the Water A B , that weighs but 168. This is , when A B is supposed to be only 12 foot high . It 's likewise in equilibrio with it , when it s 34 foot high . But how can A B , that 's 12 foot high , press A , with as much weight , as when it s 34 foot high ? I answer by a similitude , when a Cylinder of Wood 12 foot high stands upon a Table , it may burden it as much , as if it were a Cylinder 34 foot high . For , supposing it to be thrust in , between it , and v. g. the ceiling of the room above , it must press down with more weight , then if it were not thrust in . So , this Cylinder of Water A B , that 's but 12 foot high , being prest between the surface A , and the top of the Tub within , must burden A , as much , as if it were 34 foot high ; for being of this hight , it only stands upon the surface , without pressing up the top of the Tub. I infer from the second assertion , that each Pillar in a Fluid hath a determinate weight . This is evident from the determinate weight of A B , that weighs first 168 pound , being 12 foot high , and 467 pound , being 34 foot high , and so of the rest . I infer secondly , that the thicker , and grosser a Pillar of a Fluid be , it is the heavier , ( even in the Artificial Ballance ) and contrariwise , the more slender and thinner it be , it is the lighter . This is evident from the Water A B , six inches thick , that weighs 476 pound , and from the Water E G , 12 inches thick , that weighs 1904 pound . So doth the Pillar of Air C D , weigh less , then the Pillar F H. Here is ground for knowing the certain and determinate weight of a Pillar , in any sort of a Fluid whatsoever . As to Air , its clear and evident , that a four-square Pillar thereof , 12 inches every way , weighs 1904. That 's to say , if it were possible , to take the Pillar of Air F H , in its whole length , from the surface of the earth , to the top of the Atmosphere , and pour it into the Scale of a Ballance , it would be exactly the weight of 1904 pound . Here is a secret : though that same Pillar of Air , were no longer , than 6 or 10 foot , yet the Pressure of it , upon the body , it rests upon , is equivalent to 1904 pound . If this be , ( you say ) what is the weight of Air , that rests upon this Table , that 's 36 inches square ? I answer , it must be as heavy , as a Pillar of Water 34 foot high , and 36 inches thick , which will , by just reckoning , amount to 17136 pound , or to 1071 stone weight . It may be inquired next , what 's the weight of the Air , that burdens the pavement of this parlour , that 's 16 foot square ? I answer 487424 pound . Because it is exactly the weight of a bulk of Water 34 foot high , and 16 foot thick . 'T is to be remembred , that though the Pressure of it , be so much , yet being poured into the scale of a Ballance , it will not weigh so much : for not only as much as fills the room must be taken , but as much as passeth from the pavement to the top of the Atmosphere . According to this method 't is easie to determine the weight of any Pillar of Air whatsoever , provided a man but once know the thickness of it , both the wayes , e. g. there 's a planum 12 inches long , and six inches broad , upon which rests a Pillar of Air. The weight of it then is , just the burden of a magnitude of Water 34 foot in hight , 12 inches in length , and six inches in breadth . Though the weight of any Pillar of Air may be known , by knowing only the dimensions of it , in breadth and length ; yet the weight of a Pillar of Water cannot be known , unless all the three common dimensions of it , be first known . The reason is this , the Pillars of Air , are all of the same hight , but the Pillars of Water in the Ocean , are of different hights : therefore , not only must they be known , secundum longitudinem , & latitudinem , in length and breadth , but secundum profunditatem , that is , according to deepness . 'T is easie to know then , what each particular Pillar weighs . First then , try how much weight is in a cubical foot of Water , and having found this to be v. g. 56 pound , you may determine , that a Pillar of Water 34 foot high , and 12 inches thick , weighs 1904 pound . A Pillar 34 foot high , and six inches thick weighs 476 pound . Note , that in a Cube of Water six inches thick , there are 216 inches , which weighs seven pound . In a Pillar 12 inches thick , and 20 fathom , or 100 foot high , you will find 5600 pound weight . In one , of the same thickness , but 200 fathom high , there are 56000 , fifty six thousand pound weight . In a Pillar three foot square , and 20 fathom deep , there are 50400 , fifty thousand , and four hundred pound weight . Make it 800 fathom high with that thickness , and it will weigh 504000 , five hundred and four thousand pound . But , if according to the Theorem 25 , you consider the weight of the Air above , it will weigh 521136 , five hundred , twenty and one thousand , one hundred thirty and six pound . A Pillar 12 foot square , and 300 fathom deep , weighs 12096000 , twelve million , ninety and six thousand pound , Lastly suppose there were a bulk of Water 500 fathom deep , and 500 fathom thick , such a magnitude would weigh 8750000000 , eight thousand seven hundred , and fifty million of pounds . But if the Pressure of the Air , that rests upon a surface of Water 500 fathom in breadth and length , be taken in , that weighs 119000000 , a hundred and nineteen million of pounds , the total , that the bottom of the sea sustains , must be 8940000000 , eight thousand , nine hundred and fourty million of pounds , or 558750000 five hundred fifty and eight million , seven hundred , and fifty thousand stone weight . I infer from the fifth assertion , that the lightest of Fluids may be brought to an equilibrium with the heaviest . For though Mercury be 14000 times heavier than Air , yet the part of the surface A , is no more prest with the Mercury A B , then the part C is prest with the Air C D. Secondly , that 29 inches of Mercury , are of the same weight with 34 foot of Water . Thirdly , the heavier a Fluid be naturally , it hath the less altitude in the Natural Ballance ; and contrariwise , the lighter it be , it hath the more altitude . This is clear from the Mercury , that 's 29 inches , the Water that 's 34 foot , and the Air , that 's counted 6867 fathom . I infer from the sixth assertion , that two Fluids of different gravities , may make an equilibrium with a third of the same kind . Because the 27 foot of Air I G , and the 17 foot of Water E K , are in equilibrio with the Air F H. I infer secondly , that 17 foot of Air , may be as heavy as 17 foot of Water , because the Air I G , is exactly as heavy , as the Water E K. I infer thirdly , that the Bensil of a Fluid , is a thing really distinct , from the Natural weight of it : because the Pressure of the Air I G , is 952 pound ; but the natural weight of it will not exceed , if it were weighed in a Ballance , two or three ounces . I infer fourthly , that Air cannot suffer dilatation , but it must lose of it's Pressure . Because the Air I G , that ought to weigh 1904 pound , weighs only 952. For understanding this , you must know , that when a Pipe is about half full of Air , and half full of Water , and inverted , so much of the Water falls out , and consequently so many inches doth the Air above it , expand it self . So to make this Pipe that 's 34 foot high , half full of Air and half full of Water , you must pour in about 19 foot of Water , and the 15 foot of Air that 's in it besides , will , when the Pipe is inverted , go up and expand it self to 17 foot , two foot of Water falling out . I infer from the seventh assertion , that when there are two Fluids of different gravities , and weights counterpoising a third , by what proportion the one grows lighter , by that same proportion the other becomes heavier . For , when the VVater E K , that weighs 952 pound , becomes E N , that weighs 476 , the Air above it , that weighed 952 , becomes now 1428 pound . I infer from the eighth , that the pondus of a Fluid , cannot be counterpoised , by two distinct powers . Because the 34 foot of Water E G , cannot be both sustained , by the part of the surface of Air E , and my hand . I infer from the ninth , that the Pressure and weight of a Fluid , may be found , even in its own Element , by sense . Because in poising of the Tub , I find the weight of the Air L M. I infer secondly , that the weight of a Fluid is only found in its own Element , when there is not a potentia to counterpoise the pondus of it , because I find only the weight of the Air L M , because it wants a potentia to counterpoise it . I infer thirdly , that it is very possible even in the Artificial Ballance , to weigh a Fluid in its own Element , and to know the precise weight of it , to a grain . For this cause , take a small chord , and fasten therewith the top of the Pipe G , to the Scale of a Ballance , and the Lead or Stone that makes the counterpoise in the opposite Scale , is the just weight of the Air L M. To put a close to this Experiment , let us suppose the Pipe E G to be 68 foot high , and void of Air. If then the orifice E be drowned among stagnant Water , the Liquor of its own accord ( as it were ) will rise from E to K 34 foot , the other half I G remaining empty . This evidently shews , that the Pressure of the Air , hath a Sphere of Activity , beyond which it is not able to raise or press up a pillar of VVater . 'T is folly then to think that Water may be conveyed over high places by the help of a Siphon , v. g. from the one side of a Hill over the top , to the other side . For , if that hight exceed perpendicularly 34 foot , no Art will do it . Yet contrariwise , it is possible to transport Water , by Pipes and Siphons , not only 34 foot below the source , but 3400. Nay , if there were a Siphon passing from the surface of the Earth to the Center , and thence rising to the surface again , it would convey Water from the one place to the other . For 't is a certain and infallible rule in the Hydrostaticks , that Water will rise as high in this place , as the hight of the place is , from whence it comes , even though the windings and turnings of the Lead-Conduits under-ground were as a Labyrinth , and though this place , were not only 1000 , but 5000 pace distant from the other . 'T is to be observed , that if the mouth of the Conduit here , be exactly as high as the other end at the Fountain , the Water stands still . And the greater the difference be , the Water flows out with the greater force . By the help of such Conduits , 't is easie to convey Water to a City many miles . Such Pipes are ordinarily made of Lead . But for saving expence , they may be made of Timber , or Clay well burnt in an Oven . AN ACCOMPT OF Miscellany OBSERVATIONS , Lately made , by the Author of the foregoing EXPERIMENTS . OBSERVATION I. IN May 1669 , there was need of a new Sink , on the east side of Tranent , for winning of Coals . But while the Coal-hewers were in digging down , and had come the deepness of 13 or 14 fathom , they were stopped from working by Damps , or ill Air , that flowed out plentifully from the sides of the sink , wherein there were a great number of Cutters , or rifts , out of which that ill Air came . To try the nature and power of Damps , I took a dog , and fastned him in a bucket , with a small roap , that he might not leap over , and when he had gone down 7 or 8 fathom , he presently begins to howl , and cry pitifully , as if he had been beaten sore with a rod , and a little after , he begins to stagger , and his feet failing him , he falls down , as one overtaken with the Epilepsy , and in going down to the bottom , his eyes turning in his head , they appeared very shining and clear like two large bright Diamonds . Fearing , that the Damp should have killed him out of hand , he was instantly pulled up from the bottom , where he had not tarried 15 seconds of time . And when the bucket had come to the mouth of the sink , he was pulled out , and laid upon the ground , to get fresh Air. When he had lien a while as dead , he begins at last to gape , and gasp , and makesome respirations , as if he had been rather expiring , than recovering . Next , he began to stir and move his feet , and after , to raise himself upon his knees , his head staggering and wavering from side to side . After a minut or two , he was able to stand upon his feet , but so weakly , that he was not in capacity to walk or run . Yet at last , being much refreshed , he escaped from us , and ran home , but slowly . In the afternoon , the same Experiment was repeated , with another dog , whose case was the same in all things . But after he was perfectly recovered , for a further trial , we let him down the second time , and suffered him to tarry in the bottom of the sink , about the space of three minuts : but when he was pulled up , and taken out , we found no symptomes of life in him ; and so after half an hour and more , his body began to swell , which ordinarily befalls such , who are killed after this manner . After this , we sent down in the Bucket , a little Chicken , which , when it came near the Damp , presently flapped with the wings , and falling down , turned over and over for a pretty while , as if it had been taken with a vertigo , or giddiness . But by drawing up the Bucket in haste , and bringing the Bird to the fresh Air , it recovered . In the evening , we let down a lighted Candle , but it was soon extinguished , when it came near mid-sink ; for here , rather than in the bottom , was the strongest Damp. Lastly , we let down by a chord , a Brand-iron , with burning Coals , whose flame was soon put out , and after a little while , we perceived the red Coals to be extinguished by degrees ; yet not totally , because , as the Coal-hewers observed , the power of the Damp was not so strong , as before . These Damps then have their ebbings and flowings , which seem to depend upon the weather , or rather upon the situation of the winds , and their force . For 't is observed , that a high South-west wind causeth ill Air in this place ; and that , by reason of much wast ground , that lies upon the South , and South-west hand of this Sink , whence are conveyed under ground by secret passages , which are nothing else but so many rifts and openings , commonly called by the Coal-hewers , Cutters , corrupted and rotten Air , full of sulphurious stems . The reason why these passages are open , and replenished with nothing , but corrupted Air , is this , the Water , that 's ordinarily called the Blood of the Coal , being withdrawn with subterraneous Gutters ( commonly called Levels ) that are digged , and wrought under ground , sometimes a very long way , for drying of the Mines , and the veins of the earth being now empty , there succeeds Air ; which Air , by process of time , and long standing , rots , and contracts a sulphurious quality , which causeth sudden death . Now , when the wind is high , and strong from the South or South-west , that sulphurious Air is driven through the ground , and coming to Sinks and Mines , where men are working , presently infects the place , and hinders the work . 'T is often observed , that the wind and Air under ground , keep a correspondence in their motion , with the wind above ground : and therefore , when the wind is in such a point above , 't is found , that the motion of the Air below runs such a way , and the contrary way , when the wind above ground , is in the opposite point . When there is a free passage between the bottom of the two Sinks , you may observe the wind come down through the one , and running alongst under the ground , rise up thorow the other , even as Water runs thorow a Siphon . For this cause , when the Coal-hewers have done with such a Sink , they do not use to stop it , or close it up , but leaves it standing open , that the Air under ground may be kept under a perpetual motion and stirring , which to them is a great advantage . 'T is very strange to see sometimes , how much Air , and how fresh it will be , even at a very great distance , namely four or five hundred pace , from the mouth of the Sink . This could never be , unless there were a considerable Pressure and weight in it , whereby it is driven forward , thorow so many Labyrinths . And even in the utmost room , where the Coal-hewers are working , the Pressure is as great , as it is above ground , which is found by the Torricellian Experiment . In such a case , the Air cannot press down thorow the Earth and Metalls , therefore the Mercury must be suspended , not by a Pillar from the Atmosphere , but by the Bensil of it . Nay , put the case , that the whole Element of Air were destroyed , and this remaining , yet would it be able to support 29 inches . To shut up this discourse , it is observed by the Coal-hewers , that when there is ill Air in a Sink , a man may perceive distinctly , what is lying in the bottom , so clear and transparent is the Air of it : but when the Damp is gone , the Medium is not so clear . In temperat and cold weather , the Damps are not so frequent . From this Sink , in soft winds , or in Northerly winds , or when it blows from East or North-east , the Damps are driven away . OBSERVATION II. JUpiter upon Wednesday night , at eleven a clock , being 24 of November , 1669 , had the following position with the stars of Gemini . He was so near to the Star C , that to appearance , the points of his rayes did touch it . This Star by looking upon the material Glob , is fixed in the very Zodiack , and in the 13 degree of Cancer , and is the very navel of the following Twine . The Star A is Castor . The Star B is Pollux . The star D , is fixed in the forefoot of the following Twine . From this place he moved , with a retrograde motion , till he came to the 5 of Cancer , about the 20 of February , 1670 , and from that time became Direct in his motion , and so upon the 27 of March , 1670 at 9 a clock , he was in a right line with Canis minor , and the brightest Star in Auriga , and was in a right line with the eastmost shoulder of Orion , and Castor in Gemini , or with that Star , when South-west , that 's highest , and West-most . OBSERVATION III. IT is written in the History of the Royal Society , that such a member of it , whose name I have forgotten , hath found out , among many other curious inventions , this , namely a way for knowing the motion of the Sun in seconds of time : but is not pleased to reveal the manner how . Because such a device may be usefull in Astronomy , and likewise for adjusting the Pendulum Clock , I shall therefore briefly shew , the manner and way how such a thing may be done , as I have tried it my self . I took an Optick Tub , about 12 foot long , only with two Convex-glasses in it , and did so place it in a dark room , by putting the one end , in which was the Object-glass , without the window , and keeping the other within , that I caused the beams of the Sun shine thorow it , which were received upon a white wall four or five foot from the Tub. This image , which was perfectly round , and splendid , did move alongst the wall very quickly , so that in a minut of time , it did advance seven inches and a half , which will be the eight part of an inch in a second , a motion very sensible . Now , this beam that came thorow the Tub , and lighted upon the wall , would not have moved one inch in a minut , if it had wanted the two Glasses ; for as they magnify , and seem to bring nearer the Object , so they quicken the motion of it . In a word , by what proportion the Object is made more , by that same proportion is the motion quickned . 'T is to be observed , that the longer the Tub be , the motion is the swifter : for as the longest Tub doth ordinarily most magnify the object ; so doth it most quicken the motion . Next , the farther distant the white wall is from the end of the Tub , the larger is the image ; and contrariwise , the nearer it be , it is the less . Thirdly , the farther the wall be from the end of the Tub , the circumference of the image is the more confused , and the nearer it be , it is the more distinct . Fourthly , the darker the room be , it is so much the better . Lastly , this trial may be made with ordinary Prospects , of a foot , two foot , or three foot long , which will really do the thing , but not so sensibly , unless the glasses be very good . As to the use of this device in Astronomy , I shall not say much . But shall only mention what it may serve for in order to the Pendulum Clock . For this cause , let a man choise a convenient room , with a window to the South , wherein this Tub may be so fixed , that it may●ly just , or very near to the true meridian , and may move vertically upon an axil-tree , because of the Suns declination every day . Then at a certain distance from the end of it , fix and settle a large board of timber , smooth , and well plained , and well whited , for receiving the image . In the middle of this board , draw a circle with Charcoal , equal in diameter to the circle of the image . Now , this being done , you will find that assoon as the west side of the Sun , begins to come near to the Meridian , the image begins to appear upon the board , like the segment of a circle , and grows larger , and larger , till it become perfectly round . Now in the very instant of time , wherein the image , and the circle are united , set the wheels of your Clock a going , from the hour , minut , and second of XII . To morrow , or 3 or 4 dayes after , when you desire to make an examination , wait on about 12 a clock , when the Sun is coming to the Meridian , and you will find what the difference is . If the Clock go slow , observe , assoon as the image is united with the circle ( which you will perceive in a second of time ) the variation , that 's to say , how many seconds interveens between that second , wherein the union fell , and that second , that closes XII hours in the Clock . If it go fast , observe how many seconds passes from that second , that ends XII hours , and that wherein the image of the Sun is united with the circle , which if you do , you will know exactly , what the difference is , even to a second . But without this , you will find great difficulty to know the variation in 15 or 20 seconds , especially in a common Dial. But here , you will see distinctly the image of the Sun move every second of time , the eighth part , or the sixth part , or the fourth part of an inch , according to the length of your Tub , and goodness of your glasses . 'T is to be observed , that in adjusting the Pendulum Clock , respect must be had to the table of Equation of dayes , commonly known in Astronomy . For if this be not , it is impossible to make it go right , and that because all the natural dayes of the year , are not equal among themselves : that 's to say , the time that 's spent by the Suns motion from the Meridian this day , to the same Meridian , the next day , is not equal , but is more or less , than the time spent betwixt Meridian and Meridian , a third or fourth day after . For instance , the Sun this day being 11 of Iuly , comes sooner to the Meridian by three seconds of time , than he came yesterday . Within 9 or 10 dayes , ( suppose the 22 of Iuly ) he will be longer in coming to the Meridian by 4 seconds , than upon the 21. This difference I grant , in short time is not sensible , yet once in the year , it will amount to more than half an hour . This inequality of dayes arises from two causes . First , from the Suns eccentricity , whereby he moves slowlier in one part of the Zodiack , than in another : for in Summer when he is furthest from the Earth , he goes slowlier back in the Ecliptick , than in Winter , when he is nearer to it . The second cause , which is truly the far greater , is this , because in the diurnal motion of the Sun , equal parts of the Aequator , does not answer to equal parts of the Zodiack . Hence it followes , that if the natural dayes be not equal among themselves , the hours must be unequal also : but this is not considerable . By help of such a Tub placed in a dark room , it is easie , when the Sun is under Eclipse , to enumerat distinctly the digits eclipsed . Likewise , if you take out the object Glass , and cover a hole in the window board with it , you shall see distinctly upon a white wall , the species and true representations of all objects without . And by comparing the quantity of the object without , with the quantity of it within , you may know the distance of it from the window , though it were many miles . For as the one quantity , is to the other , so is the distance between the Glass and the object on the wall , to the distance between the Glass and the object without . It may be inquired whether or not , the retrograde , as well as the diurnal motion of any of the Planets , may be discerned , in minuts or seconds , by the help of a long Telescope ? In answer to this , we must suppose the Planets only to have a retrograde motion , and consequently to move slowly from West to East , Saturn once in 29 years , or 30 , to run about the Zodiack ; Iupiter in 12 , Mars in 2 years , the Sun in one year , Venus and Mercury in less time , and lastly the Moon in a moneth . Now I say , it is impossible by the longest Tub , that the greatest Artist can make , to discern the motion of the inferior Planets , far less the motion of the superior , either in Minuts or in Seconds , and that by reason of the great ta●dity , and slowness of the motion . Notwithstanding of this , I am induced to think , that the retrograde motion of the Moon might be discerned , at least in Minuts . For evincing of this , let us suppose which is true , that the Sun runs from East to West half a degree in two Minuts of time , seing in an hour he runs 15 degrees . Next , that the Moon goes about the Zodiack in 27 dayes and 7 hours , namely from that same point , to that point again , and consequently runs back every day 13 degrees and about 10 Minuts . By this account , she must retrograde half a degree , and about 2 minuts of a degree every hour . The Sun then runs half a degree in two Minuts , and the Moon half a degree in 60 Minuts ; therefore the Moon must be 30 times slower in her retrograde motion , than the Sun is in his diurnal motion . Let us suppose next , as I observed with a Tub 12 foot long , that the image of the Sun runs the eighth part of an inch every second , and consequently , seven inches and an half , in a Minut : then must the image of the Moon with that same Telescope , run the thirtieth part of seven inches and a half in a Minut , seing she runs 30 times slowlier ; therefore in every Minut of time she must advance the fourth part of an inch , which will be very sensible . Though we grant , that the Moon hath no retrograde motion properly , yet by comparing the diurnal Motion of the Moon , that 's slower , to the diurnal motion of the Sun , that 's swifter , we shall really find the thing it self . Therefore in the time of a Solar Eclipse , this retrograde motion is conspicuous , which by an ordinary Telescope may be discerned in Minuts . Assoon then as the East side of the Moon , begins to enter upon the West side of the Sun ( the greater the Eclipse be , it is the better ) observe , and you will find the one image , which will be black , cover the other by degrees , that 's splendid , and run in every minut of time , the fourth part of an inch of the Suns diameter , provided alwayes , that the Sun run the eighth part of an inch in a second . OBSERVATION IV. UPon Tuesday the 19. of Iuly 1670 , the following Experiment was made . In the middle Marches between Scotland and England , there is a long tract of Hills , that run from Flowdon , many miles South and South-west , amongst the which , the Mountain Cheviot is famous beyond , and conspicuous above all the rest for altitude , from whose top a man may discern with one turning of his eye , the whole Sea-coast from New-castle to Berwick , much of Northumberland , and very many Leagues into the great German Ocean : the whole Mers and Teviotdale , from the foot of Tweed , to very near the head of it : Lauderdale , and Lammer-moor , and Pentland-hills above Edinburgh . The North side of this Mountain is pretty steep , yet easie to climb , either with men or horse . The top is spacious , large and broad , and all covered with a Flow-moss , which runs very many miles South . When a man rides over it , it rises and falls . 'T is easie to thrust a Lance over the head in it . The sides of this Hill abounds with excellent Well-springs , which are the original of several Torrents , amongst the which Colledge-Water is famous , upon which , not a mile from the foot of this Mountain is White-hall . The adjacent Hills are for the most part green , and excellent for the pasturage of Cattel . Not many years ago , the whole Valleys near the foot of Cheviot , were Forrests abounding with Wild-Deer . Upon the highest part of this Mountain was erected the Torricellian Experiment for weighing of the Air , where we found the altitude of the Mercurial Cylinder 27 inches and an half . The Air was dry and clear , and no wind . In our Valley-Countreys , near to the Sea-Coast , in such Weather , we find the altitude 29 inches and an half . When this difference was found , care was taken to seal up closly with Bee-wax , mixed with Turpentine , the orifice of the Vessel , that contained the stagnant Mercury , and thorow which the end of the Pipe went down . This being done with as great exactness as could be , it was carried to the foot of the Mountain in a Frame of Wood , made on purpose , and there opening the mouth of the Vessel , we found the Mercury to rise an inch and a quarter higher than it was . The reason of this strange Phenomenon must be this , namely a greater Pressure of the Air at the foot of the Hill , than upon the top : even as there is a greater Pressure of Water in a surface 40 fathom deep , than in a surface 20 fathom deep . 'T is not to be doubted . but if the root of the Mountain had been as low as the Sea Coast , or as the surface of Tweed at Kelso , the Mercurial Cylinder would have been higher . This way of observing , seems to be better than the common : for while the Baroscope is carried up and down the Hill , without stopping the orifice of the Vessel , that contains the stagnant Mercury , the Cylinder makes such reciprocations , by the agitation of a mans body , that sometimes abundance of Air is seen to ascend up thorow the Pipe , which in effect makes the Cylinder shorter than it ought to be . But if so be , the end of the Pipe be immerged among Quick-silver , contained in a Glass with a narrow orifice , so that it may be stopped compleatly , you will find no reciprocations at all . And to make all things the more sure , the Glass may be filled up either with Mercury , or with Water above the Mercury ; by which means the Cylinder in the down-coming , or in the up-going shall remain immoveable . Besides the stopping of the orifice of the said Glass , you may have a wider Vessel , that may receive the same Glass into it , and it being full of Water , may so cover the sealed orifice , that there shall be no hazard of any Air coming in . Or this Experiment may be first tried at the root of the Hill , and having stopped compleatly the mouth of the Vessel , the whole Engine may be carried up to the top , where you will find the Mercury subside and fall down so much ; namely after the said orifice is opened : for as the stopping of the orifice at the root of the Hill , is the cause , why that same degree of Pressure remains in the stagnant Liquor ; so the opening of it upon the top of the Hill , is the cause why it becomes less . This Experiment lets us see , that the Pressure of the Air seems to be as the Pressure of the Water , namely the further down the greater ; and the further up the less : and therefore , as by coming up to the top of the Water , there is no more Pressure , so by coming up to the top of the Air , there is no more weight in it ; which in effect sayes , that the Air hath a determinat hight , as the Water hath . From this Experiment we cannot learn the determinat hight of the Air , because the definit hight of the Mountain is not known . I know there are some , who think that the Air is indefinitly extended , as if forsooth , the Firmament of fixed Stars were the limits of it , but I suppose it is hard to make it out . OBSERVATION V. JUne 5. 1670. I observed the Sun within 3 minuts of setting , to have a perfect oval figure , the two ends lying level with the Horizon . His colour was not red as ordinarily , but bright and clear , as if he had been in the Meridian : neither was the Sky red , but clear also . And by the help of the Pendulum Clock , I have observed his body to be longer in setting than it ought , by eight minuts , and sometimes by ten , and his Diameter longer in going out of sight than it ought , by two , and sometimes by three minuts . The reason of these Phenomena , must be the Refraction unquestionably . OBSERVATION VI. UPon Saturday evening the 30 of Iuly 1670 , and the night following , till about two a Clock in the Sabbath morning , there fell out a considerable rain , with great thunder , and many lightnings . About Sun-set , the convocation of black clouds appeared first towards the Horizon in the South-west , with several lightnings ; and the wind blowing from that point , carried the clouds and rain over Mid and East-Lothian , towards the Firth and Sea-coast . About 9 a clock , the whole Heavens almost were covered with dark clouds , yet the rain was not very great , neither were the thunder claps frequent , but every fifth or sixth second of time , a large and great lightning brake out . But before the thunder crack was heard , which happened every fourth or fifth minut , the lightning was so terrible for greatness , and brightness , that it might have bred astonishment . And because the night was very dark , and the lightning very splendid , a man might have perceived houses and co●n-fields at a great distance . And if any had resolved to catch it , in the breaking out , it did so dazle the eyes , that for half a minut , he was not able to see any thing about him . Sometimes the lightning that went before the thunder , brake forth from the clouds , like a long spout of fire , or rather like a long flame raised high , with a Smiths Bellows , but did not continue long in sight . Such an one above the Firth was seen to spout downward upon the Sea. Sometimes there appeared from the one end of the cloud to the other , an hiatus , or wide opening , all full of fire , in form of a long furrow , or branch of a River , not straight , but crooked . I suppose the breadth of it , in it self , would have been twenty pace and more , and the length of it five or six hundred pace : the duration of it , would have been about a second of time . Sometimes a man might have perceived the nether side of the cloud , before the crack came , all speckled with streams of fire , here and there , like the side of an Hill , where Moor-burn is , which brake forth into a lightning . But there was one , after which followed a terrible thunder crack , which far exceeded all the rest , for quantity and splendor . It brake out from the cloud , being shot from North to South , in form of fire from a great Cannon , but in so great quantity , as if a Gun ten foot wide , with 500 pound weight of Powder in it , had been fired . And surely the lightning behoved to be far greater in it self , seeing it appeared so great , at so great a distance . It did not evanish in an instant , like the fire of a Gun , but continued about a second and an half ; by reason ( it seems ) that it could not break out all at once . This did so dazle the sight , that for half a minut almost , nothing was seen , but like a white mist flying before the eyes . The whole Countrey about was seen distinctly . All these great lightnings were seen a considerable time , before the crack was heard . Sometimes 30 seconds numbered by the Pendulum Clock interveened , namely when the thunder was at a distance , about 7 or 8 miles . Sometimes 15 or 16 only interveened . But when the thunder was just above our head , no moe passed , than 7 or 8 , which seems to demonstrat , that these thick black clouds , out of which the thunder breaks , are not a Scottish mile from the earth , when they are directly above us . 'T is observable , that in all lightnings , and thunderings , there is no smoke to be seen , which seems to evince , that the matter whereof they are generated , must be most pure , and subtil . Who knows , but this Countrey , that abounds with Coal , may occasion more thunder and lightnings , than other places , namely by sending up sulphurious exhalations to the middle region of the Air , wherewith the Coal-mines abound . OBSERVATION VII . THis is a method for finding out the true South and North Points , which are in effect very difficult to know . Take therefore four pieces of Timber , each one of them five foot long , and about six inches thick , square-wise . Sharpen their ends , and fix them so in the ground , that they may stand Perpendicular , and as near to South and North , by a Magnetick Needle , as may be . The place would be free of Trees , or of any such impediment , that it may have a free prospect of the Heavens . As for their distance one from another , let the two North-most , and the South-most be two foot asunder : let the two East-most , and two West-most , be but one foot , making as they stand , an oblong quadrangle . For keeping them equidistant above , as well as below , take four bars of Wood , about three inches broad , and one inch thick , and nail them round about upon the four sides , on each side one , so that being nailed on Horizontally , they may make right angles , with the tops of the standards above . There are then for distinctions cause , the North-bar , and the South-bar , that runs East and West , and the East-bar , and the West-bar , that runs South and North , There is here no difficulty in the thing it self , but only in the fancy to conceive it . Besides these four , there must be other four of the same form and fashion , nailed on ●arder down about the middle of the four standards . Take next some small Brass Wyre strings , such as are used in Virginals , and fix one from the middle of the South-bar , that 's upmost , to the middle of the South-bar just under it . Fix it so , that it may be exactly Perpendicular , which may be done , with a great weight of Lead . Take a second Wyrestring , and hang it plumb from the West end of the North-bar , and another from the East end of the same Bar , I mean the Bar that 's nearest to the top . These three strings so fixed , will go near to make an equilateral triangle . Now because the device is for finding out the Meridian by the Stars in the night time , not by any indifferently , but by these that are nearest to the Pole , therefore observe in Iuly and August , when the Guard-stars in the evening begin to come down towards the West , and keeping closs one eye , bring the other somewhat near to the South-most string , and order your sight so , that this string , and the West-most string upon the North side , may catch the foremost Guard-star in the down-coming , when it is furthest West , and there fix it . When the same Star is turning up towards the East , catch it by the South-most string , and the East-most string on the North side , and your work is done , if so be , you divide exactly , between the East-most and West-most , and there hang a fourth string , which with the string upon the South-side , gives you the true South and North. For better understanding , note first , that , when the Guard-stars are coming down , or going up , the Altitude varies quickly , but the Azimuth , or motion from East to West , will not vary sometimes sensibly in two hours almost , which is a great advantage in this case . But when you find out the Meridian with a Plain , and a Perpendicular Stilus , by the shadow of the Sun , if it be not when he is about East and West , the Azimuth alters mo●e than the Altitude , wh●ch is a great disadvantage . Now its certain , the slower the motion be from East to West of any Star , it is the easier to observe , and it is the more sure way . Note secondly , that special care must be had , to cause the strings hang Perpendicular . Note thirdly , that before you begin your Observations , the South-most string must be made immoveable , but the East-most , and West-most , on the other side , must not be so , because as the Stars in going about move from East to West , so must the said two strings be left at liberty , to move a little hither and thither , till the Observations be ended . Note fourthly , that assoon as you perceive sensibly , the foremost Guard-star to decline towards the West , then you must begin to observe , which is nothing else , but to fix your eye so , that the South-most and West-most string , may cover the said Star. And because in coming down , it goes West , therefore , let the West-most string move towards the left hand by degrees , following the Star to its utmost , till it be covered by them both . Follow the same method , in observing the same Star in going up towards the East . Note fifthly , that when you make the two strings cover the Star , that which is nearest to the eye , will appear transparent , and of a larger size , so that you may perceive distinctly thorow it , not only the Star it self , but the other●string also , which is a great advantage . This is evident to any , who holds a bended silk threed between their eye and a Star in the night time ; for when you direct your sight to the Star , the string appears like the small string of a Virginal when it trembles . Note sixthly , that in observing in a dark night , you must have a Cut-throat , that by the light of the candle you may perceive the strings . Some other things might be noted , but you will find them better by experience , than they can be exprest here . I named Iuly and August in the evening for observing the Guard-stars , when they are West-most , but there are several other seasons , when this may be done as conveniently . They are East-most in the latter end of October , and beginning of November about 5 or 6 a clock in the morning . If a man were desirous to make this observation quickly , I suppose he might in the end of October , find the said stars West-most in the evening , and East-most the next morning . Besides the Guard-stars , a man may make use of the Polar-star ; for as it goes higher , and lower than the true Pole , by 2 degrees and 26 minuts , so it goes as much to the East , and as much to the West , once in 24 hours . In the end of Iuly , you will find the Polar-star East-most , about 9 a clock at night , and in the end of Ianuary West-most at 9 a clock . Note , that every month , the fixed stars come sooner to the same place by two hours : therefore in the end of August the Polar-star must be West , at 7 a clock at night , and East at 7 a clock in the morning . When the Meridian is found out after this manner , there is no Star or Planet can pass it , but you may know exactly when , be it never so high , or never so low . For there is nothing to be done , but to wait , till the South-most and North-most most string cover the body of the Star. If it be the Sun , hold up a white Paper , behind the two strings , and when their shadows do co-incide , and are united , then is his Center in the Meridian . I● the Sun do not shine clear , as when he is under mist , or a thin cloud , you may exactly take him up in the Meridian , with the two strings . This Frame will serve as well , to know when any of the North Stars comes South , or North , and consequently when they are highest , and when they are lowest : for being fixed in an open place of the Orchard , there 's no Celestial Body can pass the Meridian , either on the one side , or the other , but it may be catched , what ever the Altitude be , and that most easily . OBSERVATION VIII . THere hath been much inquiry made by some anent the reason , why the dead body of a man or beast , riseth from the ground of a Water , after it hath been there three or four days . But though many have endeavoured to solve the question , yet the difficulty remains ; and in effect it cannot be answered , without the knowledge of the foregoing Doctrine , anent the nature of fluid Bodies . To find out the reason then of this Phenomenon , consider , that all Bodies , are either naturally heavier then Water , as Stone and Lead , or naturally lighter , as Wood and Timber . If they be heavier , they sink : if they be lighter , they swim . Now I say , a mans body immediatly after he is drowned , his belly being full of Water , must go to the ground , because in this case , it will be found specifically or naturally heavier then Water . That 's to say , a mans body , will be heavier , than as much Water , as is the bulk of a mans body . For pleasing the fancy , imagine a Statue to be composed of Water , with all the true dimensions of the person that 's dead , so that the one shall answer most exactly to all the dimensions of the other . In this case , if you counterpoise them in a Ballance , the real body , that 's made up of flesh , blood , and bones , shall weigh down the other . But after this dead body hath lien a short time among the Water , it presently begins to swell , which is caused by the fermentation of the humors of the blood , which goeth before putrefaction , and after three or four dayes swells so great , that in effect , it becomes naturally lighter than Water , and therefore riseth . That is to say , take that body , that is now swelled , and as much bulk of Water , as will be the precise quantity of it , and having counterpoised them in a Ballance , you will find the Water heavier than the body . OBSERVATION IX . UPon Thursday the 25 of August 1670 , the following Experiment was made in a new Coal-sink , on the West side of Tranent . When the Coal-hewers had digged down about 6 or 7 fathom , they were interrupted sometimes with ill Air : therefore to know the power and force of the Damp , we let down within the Bucket a Dog. When he had gone down about 4 fathom , or middle Sink , we found little or no alteration in him , save only that he opened his mouth , and had some difficulty in breathing , which we perceived evidently : for no sooner he was pulled up to the top , where the good Air was , but he left off his gaping . We let him down next to the bottom , where he tarried a pretty while , but no more change we found in him than before . After this we let down a great quantity of Whins , well kindled with a bold flame , but they no sooner came to the middle of the sink , but the flame was in an instant extinguished : and no sooner was the Bucket pulled up , but they took fire again . This was 5 or 6 times tried , with the same success . If we compare this Observation with the first , we will find , that all Damps are not of the same power and force ; but that some are stronger , and kills men and beasts in an instant : and that others are less efficacious , and more feeble , and doth not so much hurt , and that men may hazard to go down into a Sink , where ill Air is , even though fire be sometimes extinguished . We see next , that these Damps doth not alwayes infect the whole Air of a Coal-pit , but only a certain quantity : for sometimes it is found in the bottom , sometimes in the middle . And we see lastly , that they are not alwayes of long continuance : for it is found , that though the Air be ill in the morning , yet it may be good ere night ; and totally evanished ere the next day . We may add , as was noted in the first Observation , that these Damps depend much upon the scituation of the winds , seing in strong Southerly winds , they are frequently in these places . OBSERVATION X. OF these many excellent devices , that have been found out of late , the Air-pump is one , first invented in Germany , and afterwards much perfected in England by that Honourable Person Mr Boyl , who for his pains , and industry in making Experiments therewith , deserves the thanks of all learned persons . Several trials hath been made of late by it , some whereof , are as follows . I took a slender Glass-tub about 40 inches long , closs above , and open below , and filled it with VVater . I next inverted it , and set the orifice of it , just upon the mouth of the Brass-pipe , that bends upward thorow the board , whereon the Receiver useth to stand , and cemented them together . At the first exsuction , the whole VVater in the Pipe fell down , and ran thorow the Brass-conduit to the Pump . Having for a short while stopped the passage , and thrust down the Sucker , I next opened it again , and the Pump being full of VVater , it was driven with a considerable force up thorow the Pipe ; yet was it not compleatly fill'd as before , by reason of some Air , that I saw in the top . After this was done , with pleasure five or six times , I opened the Stop-cock more quickly , than I had used , but the VVater , by this means , was so furiously driven up thorow the Tub , that in effect , it broke the end of it , that was Hermetically sealed ; and the piece that flew off , did hit the seiling so smartly , that it rebounded a very far way . From this we see the reason , why VVater falls not down from Vessels that have narrow necks , though they be inverted , because it 's kept in by the force and power of the environing Air. 'T is observable , that though this Pipe had been 30 foot high , yet the whole VVater in it would have subsided , and fallen down , with one exsuction . The next trial was with the help of a small Receiver , which in effect was a real Cupping-glass . This had a hole made in the bottom of it , and was cemented to the Brass-plate , and the mouth of it looking upward , had a lid for covering of it . I took next the lately mentioned Glass-pipe , and filled it with good Brandy , and having drowned the end of it among stagnant Brandy , I set the Vessel wherein it was within the Receiver , the Pipe coming up thorow the lid , and having cemented it closly , I made the first exsuction , and found no descent of the Liquor from the top of the Tub. At the second , it fell down about an inch . At the third , it fell down four or five . But here appeared a great multitude of small Bubbles of Air , like broken VVater , near the top of the Pipe within . And besides this Phenomenon , there ascended from the stagnant Liquor up thorow the Pipe , an infinit number of small Bubbles , no bigger than Pin-heads , for a very large time . VVith a fourth exsuction , it fell down within two or three inches of the stagnant Brandy . And thinking to make the one level with the other , I made a fifth ; but here appeared a strang effect , namely , not only the whole Brandy in the Pipe subsided , and was mingled with the stagnant Brandy , but at this exsuction , there came a great quantity of Air from the mouth of the Pipe , and rose up thorow the stagnant Liquor in Bubbles . Having made another exsuction , there came yet more Air out , and so copiously , that I thought there had been some leak in the Tub , through which the outward Air had entered ; but knowing the contrary , I continued Pumping a very long time , till I found less and less come out , and at length , after near 30 exsuctions it ceased . This Air to appearance , was so much as might have filled twenty Tubs , every one of them as large , as the Tub it came out of . And surely all of it came out from among the small quantity of Brandy that filled the Pipe , and that environed the mouth of it , I mean the stagnant Brandy , both which would not have been eight spoonful . After this I opened the Stop-cock leasurely to let in the Air to the Receiver ; then did the Brandy climb up the Pipe slowly , till it came near to the top , and there made some little halt , by reason of half an inch of Air that appeared there . But more and more Air coming into the Receiver , that half inch in the top of the Pipe , did so diminish , that it appeared no bigger than the point of a Pin , and was scarcely discernable to the eyes . What a strange and wonderful faculty of dilatation and contraction must be in the Air , seing that which presently had filled the whole Tub , that was 40 inches long , and the sixth p●rt of an inch wide , was contracted to as little room , as the point of a Needle . And by making some new exsuctions ▪ that small Atome of Air did so dilate it self again , that ●t filled the same Tub , and not only that , but , as formerly , it bubbled out from the mouth of the Pipe several times . 'T is to be observed , that though at the first falling down of the Brandy , it appeared like broken Water , near the top of the Pipe within , yet no such thing was seen the second time it fell down ; the reason is , because by the first exsuctions , it was well exhausted of its aërial particles . Once or twice I found , after the Brandy within the Pipe was well freed of Air , that no exsuctions could make it move from the top of the Tub ; and observed a round Bubble of Air to march up , which when once it came to the top , did separate the one from the other . If this hold good , it seems to prove , that neither Mercury , nor any other Liquor would fall down in Pipes , unless there were Air lurking amongst the parts to fill up the deserted space . From this Experiment we learn , that no person can well apprehend or conceive , how far , and to what bounds the smallest part of Air is able to expand it self . And it proves evidently , that when the Receiver is as much emptied as it can be , by the Art of man , yet it is full of Air compleatly . The third trial was after this manner : I set within the Receiver a little Glass half full of Brandy , and the lid being cemented on , I began to pump , but there appeared no alteration at the first exsuction . At the second , I perceived a great company of very small Bubbles , that for a long time ascended from the body of it , and came to the surface . At the third , they were so frequent , and great , that the Brandy appeared to seeth and boil , and by reason of the great ebullitions , much of it ran over the lips of the Glass , and fell into the bottom of the Receiver . This boiling continued for the space of 7 or 8 exsuctions , and by process of time , the Bubbles grew fewer and fewer , and when about 30 or 40 exsuctions were made , no more appeared . With this same sort of Brandy , I filled the fore-named Pipe , and set it within the Receiver , the mouth of the Tub being guarded with the same sort of Liquor . When it began to subside , there appeared no Bubbles near the top as before : the reason seems to be , because the Brandy was well exhausted from its aërial particles . For a fourth trial , I filled the same Tub with Ale , that was only 5 or 6 dayes old , and drowning the end of it among stagnant Ale of the same kind , I began to Pump , and found , that assoon as the Liquor began to subside , from the top of the Pipe , the whole Ale within the Pipe , almost turned into Air , and Froth , and so many large Bubbles came up from the stagnant Liquor that I thought the whole was converted into Air. It was most pleasant to behold their several forms and shapes , their order and motion . This same Tub being filled with sweet milk , I found very few Bubbles in it , when by the exsuctions , it began to subside . I likewise took a little Glass-viol , and fill'd the half of it full with common Ale , and set it within the Receiver . At the first exsuction , Bubbles of Air began to rise out of it . At the second and third , they did so multiply , that they fill'd the other half of the Glass , and ran over , as a Pot doth when it boileth . And before I could exhaust all the Air out of it , moe than 20 exsuctions passed . For a fifth trial , I filled the often mentioned Pipe with Fountain-water , and when it began to subside by Pumping , I found it leave much Air behind it . But all the exsuctions I made , could not make the Water of the Pipe go so low , as the stagnant Water , by which impediment , I could Pump no Air out of the Pipe , as I did , while I made use of Brandy . This tell us , that either there is not so much Air lurking among Water , as among Brandy , or that the Air among this , hath a more expansive faculty in it , than the Air that lurks among Water . If any think , that it is not true and real Air , which comes from the Brandy , but rather the Spirits of it , which evaporats . I answer , if a man tast this Brandy that 's exhausted of its aërial particles , he will find it as strong , as before , which could not be , if the Spirits were gone , For a sixth trial , I took a Frog and inclosed her within the Receiver . But all the exsuctions I was able to make , could not so much as trouble her . Only , when the Receiver was exhausted , I perceived her sides to swell very big , and when the Stop-cock was turned , to let in the Air again , her sides clapped closs together . I observed likewise , when the Air was pretty well Pumped out , that the Frog had no respirations , or if there were any , they were very insensible . The next day , after she had been prisoner in the Receiver 24 hours , I began again to Pump , and after several exsuctions , her sides swell'd pretty great , and I perceived her open her mouth wide , and somewhat like a Bag endeavouring to come out , which surely hath been some of her noble parts , striving to dilate themselves , the body being freed of all Pressure from the ambient Air. OBSERVATION XI . TAke a slender chord , about 4 or 5 yards in length , and fasten the middle of it to the seiling of a Room with a nail , so that the two ends of it may hang down equally . Take next a piece of Wood , two or three foot long , two inches broad , and one inch thick , and boring an hole in each end of it , put through the two ends of the chord , and fasten them with knots ; but so , that the piece of Wood may ly Horizontal , and be in a manner a Pendulum to swing from the one end of the Chamber to the other . Take next a Bullet of Lead or Iron , about 20 or 24 ounces , and lay it upon the said piece of Wood : but because it cannot well ly , without falling off , therefore nail upon the ends , and the sides of the Timber , four pieces of Sticks , on each end one , and on each side one , as Ledgets , for keeping the Bullet from falling off . All things being thus ordered , draw up the piece of Wood towards the one side of the Room , by which means losing its horizontal position , it will ly declining-wise , like the roof of an house . In this position , lay the Iron Bullet in the upmost end of it , and then let them both pass from your fingers , the one end of the Wood going foremost , and you will find it swing towards the other side of the house , and return again , as a Pendulum . This motion , if the Wood be well guided in its vibrations , will last perpetually , because in its moving down , the Bullet is hurled from the one end of the Wood , to the other , and hits it so smartly , that it begets in it , an impulse , whereby it is carried farder up , than it would be , without it . By this means , the vibrations get not liberty to diminish , but all of them are kept of the same length . In the second vibration , the same Bullet is hurled back again to the other end , and hiting it with all its weight , creats a second impulse , wherewith the Wood is carried , as far up as the point it was first demitted from . Though this may seem a pretty device to please the fancy , that 's many times deceived , while things are presented to it , by way of speculation , yet upon tryal and experience , there will be found , an unspeakeable difficulty : and it 's such an one , that a man would not readily think upon . I said , that when the Wood was let go , and was in passing down , the Bullet in it , would hurl down , and hit the oppsite end , and beget an impulse ; but there is no such thing , for verily , though the Bullet be laid upon a very declining plain Board , whereupon no man could imagine a round body could ly , yet all the time the Board is in swinging , from the one side of the Chamber , to the other , and consequently , sometimes under an horizontal , and somtimes under an declining position , the Bullet lies dead in the place , where you first placed it . This Observation is not so much for a perpetual motion , as for finding out the reason of this pretty Phenomenon , namely , what 's the cause , why the Bullet , that cannot ly upon a reclining Board , while it 's without motion , shall now ly upon it , while it 's under motion ? What is more difficult , and nice , to ly upon any thing , that declines from a levell , than Quick-silver ; yet lay never so much of it upon this Board , while it is swinging , it shall ly dead , and without motion . But no sooner you stop the motion of the wood , but assoon , the Bullet , or the Quick-silver , is hurled , either this way , or that way . OBSERVATON XII . I Find it mentioned by some learned persons , that when a Ship is under Sail , if a stone be demitted from the top of the Mast , it will move down in a line parallel with it , and fall at the root . Some might think , it ought not to fall directly above the place it hang over , but rather some distance behind , seing the Ship hath advanced so much bounds , in the time , wherein the stone is coming down . Likewise , while a Ship is under Sail , let a man throw up a stone never so high , and never so perpendicular , as to his apprehension , yet it will fall down directly upon his head again , notwithstanding that the Ship hath run ( perhaps ) her own length in the time , while the stone was ascending and descending . This experiment I find to hold true , which may be easily tryed , especially when a man is carried in a Boat upon smooth Water , drawn by a horse , as is done in some places abroad . Let him therefore throw up a little Stone , or any heavy Body , and he will find it descend just upon his head , notwithstanding that the Horse that draggs the Boat , be under a gallop , and by this means hath advanced ten or twelve paces in the time . Or while the Boat is thus running , let a man throw a stone towards the brink of the VVater ; in this case he shall not hit the place he aimed at , but some other place more forward . This lets us see , that when a Gun is fired in a Ship under Sail , the Bullet cannot hit the place it was directed to . Neither can a man riding with a full Career , and shooting a Pistol , hit the person he aims at , but must surely miss him , notwithstanding , that though in the very instant of time wherein he fires , the mouth of the Pistol was most justly directed . For remedy whereof , allowance must be granted in the aiming at the mark . VVhile a man throws up a stone in a Ship under Sail , it must receive two distinct impulses , one from the hand , whereby it is carried upward , the other from the Ship , whereby it is carried forward . By this means , the stone in going up , and coming down , cannot describe a perpendicular , but a crooked Line , either a Parabola , or a Line very like unto it . Neither can it describe a perpendicular Line , in coming down from the top of the Mast , though in appearance it seem to do so , but a crooked one , which in effect must be the half of that , which it describes in going up , and coming down . For this same cause a stone thrown horizontally , or towards the brink of the VVater , must describe a crooked Line also . And a Pistol Bullet shot , while a man is riding at a full Carreer , must describe a Line of the same kind . Note , that a man walking from the Stern of a Ship to the Head , walks a longer way , than in walking from the Head to the Stern . Secondly , a man may walk from the Head to the Stern , and yet not change his place . 'T is observable , that a man under board , will not perceive whether the Ship be sailing , or not , and cannot know when her Head goes about . And it is strange , that when a man is inclosed in a Hogs-head , though he have light with him , yet let him be never so oft whirled about , he shall not know , whether he be going about , or not . OBSERVATION XIII . I Found in a Philosophical transaction lately Printed , that Decemb. 13. 1669 , one Doctor Beal found the Mercury in the Baroscope , never to be so high , as it was then . That same very day , I found the hight of it 29 inches , and nine ten parts , which I never observed before . And though the day here was dark , and the Heavens covered with Clouds , yet no rain for many dayes followed , but much dryness , and fair weather . On Saturday night , March 26 , 1670 , I found the altitude no more than 27 , and nine ten parts . This night was exceeding windy , with a great rain . On February 1 , 1671. I found the altitude 30 inches , and the Heavens most clear . But in the most part of May following , I have found the hight but 27 inches , and five ten parts , in which time there was abundance of rain . OBSERVATION XIV . NOvember 7. 1670. I made exact trial , with the Magnetick Needle for knowing the variation , and I found it vary from the North , three degrees and a half , towards the West . Hevelius writes from Dantzick to the Royal Society at London , Iuly 5. 1670 , that it varies with him seven degrees twenty minuts , west . OBSERVATION XV. DEcember . 17. 1669 , I observed with a large Quadrant , half 9 a clock at night , the formost Guard-star , when it was in the Meridian , and lowest , to have 41 degrees 22 minuts of altitude . And on Ianuary 7. 1670 at 7 a clock in the morning , I found it , when it was in the Meridian , and highest , to have 70 degrees , 27 minuts . Hence I conclude the elevation of the Pole here to be 55 degrees , 54 minuts , 30 seconds : and consequently as much at Edinburgh ; because both the places are upon one and the same Parallel . OBSERVATION XVI . FOr finding the true Meridian , follow this method . In some convenient place fix two Wyre strings with weights at them , that they may hang perpendicular . Then in the night time , observe , when the fourth star of the Plough begins to come near to the lowest part of the Meridian , at which time you will find the Polar star highest . Then , so order the two strings , by moving them hither , and thither , till both of them cover both the said Stars , then shall they in that position give you the true South and North. This observation is the product of the seventh . OBSERVATION XVII . THere fell out in Mid and East-Lothian , on Thursday May 11 , 1671 , in the afternoon , a considerable shour of hail , with thunder and rain . It came from the South-west , with a great blast of wind , and ran alongs from Picts-land-hills North-east , towards the Sea coast . The hail were big in several places , as Musquet Ball , and many of them rather oval than round . Some persons suffered great loss of their young Pease ; others of their Glass Windows . Eight or ten days before , there was a considerable heat , and dry VVeather . For 20 dayes after , cold Easterly winds , with rain every day , but especially , in the end of the Moneth , extraordinary rain and mist. This is so much the more to be observed , because in this Countrey , seldom such extraordinary hail falls out . This year the Agues and Trembling Fevers have been most frequent , and to many deadly . OBSERVATION XVIII . I Did hear lately of a curious Experiment in Germany , made by a Person of note , which I shall briefly in this Observation , let the Reader understand . And though I have heard since , that it is now published in Print , yet I hope it will not be impertinent to mention it here , especially for their cause , who cannot conveniently come to the knowledge of such things . And for this reason also , that I may explicat the Phenomena thereof , from the foregoing doctrine , and demonstrat particularly the true cause of that admirable effect , that 's seen in it , which I desiderat in the publisher . The Auctor then takes two Vessels of Brass , each one of them in form of half a sphere , of a pretty large size . Nothing can more fitly represent them for form and quantity , than two Bee-skeps . Only , each of them , hath a strong Ring of Brass upon the Center without : and they are so contrived by the Artist , that their orifices agree most exactly , so that when they are united , they represent an intire Sphere almost . In one of the sides , there 's a hole , and a Brass Spigot in it , through which the whole Air within , is exsucted , and drawn out , namely by the help of the Air-pump . And , when by several exsuctions the Vessels are made empty , the Stop-cock is turned about , by which means , no Air can come in . And , they remaining empty , are taken from the Pump , and do cleave so fast together , that though a number of lusty fellows , 12 on each side , do pull vigorously , by help of ropes fastned to the Rings , yet are they not able to pull them asunder . And because this will not do it , he yokes in 12 Coach Horses , six on every side , yet are they not sufficient , though they pull contrariwise to other , to make a separation . But to let the Spectators see , that they may be pulled asunder , he yokes in 9 or 10 on every side , and then after much whipping , and sweating , they pull the one from the other . The cause of this admirable effect , is not the fear of vacuity , as some do fancy , for if that were , all the Horses in Germany would not pull them asunder , no not the strength of Angels . It must then be some extrinsick weight and force , that keeps them together , which can be nothing else , but the weight of the invironing Air. Because , no sooner a force is applied , that 's more powerful , than the weight of the Air , but assoon they come asunder . And so neither six men , nor six horses on each side are able to do it : but nine or ten on each side makes a separation . For understanding the true cause of this Phenomenon , we must consider that the Vessels are 18 inches in diameter . I● this be , then according to the last Experiment , there are two Pillars of Air , each one of them as heavy as a Pillar of Mercury 18 inches thick , and 29 inches long , by which they are united . Or , each Pillar of Air , is as heavy , as a Pillar 0● Water 34 foot high , and 18 inches in diameter . For finding the weight of it in pounds , and consequently , the weight of each Pillar of Air , by which the two Vessels are united , follow this method ▪ First , multiply 9 the semi-diameter of the Pillar , by 54 the circumference , and this gives you 486 , the half whereof is the bounds of the Area , namely 243. And because 34 foot contains 408 inches , I multiply 408 by 243 , the product whereof is 99144 ; so many square inches are in a Pillar of Water 34 foot high , and 18 inches thick . Now seing there are 1728 inches in a cubical foot , I divide the number 99144 , by this number , and I find 57 square foot of Water , and more . And because every square foot weighs 56 pound Trois , I multiply 56 by the number 57 , and the product is 3192 pound , which is the just weight of a Pillar of Water 34 foot high , and 18 inches in diameter , and which is the just weight also of each Pillar of Air , by which the two Vessels are kept together , which will be more weight than seven Hogs-heads full of Water . This is easily known ; for seing a quart of our measure weighs seven pound , ( or to speak strictly six pound fourteen ounces , seing the Standard-jug of Striviling contains three pound seven ounces of Water ) a gallon must weigh 28 pound : but 16 times 28 , is 448. A Puncheon then full of Water , weighs 448 pound . If then you divide 3192 by 448 , you will find more than 7. The 9 horses then upon this side have 3192 pound weight to draw , or 199 stone , or the weight of seven Hogs-heads full of Water . The other 9 horses upon the other side , have as much to pull . 'T is no wonder then to see so much difficulty and pains to make a separation . It is observed , that before the Air be exsucted and drawn out of the two Vessels , one man is able to pull them asunder with his hands only . Nay , which is more , if he but blow into them , as a man doth into a Bladder , he will separat them . The reason is , because the Air within , is of as great force , as the Air without . 'T is observable next , that the larger the Vessels be in diameter , the more strength is required to pull the one from the other . Upon supposition then , they were 4 foot wide , I verily believe 30 yoke of oxen , upon every side , would hardly disjoyn them ; because the weight of each Pillar of Air , would be no less , than 22844 pound , which would take 63 strong horses to overcome the force of it . To pull the one Vessel therefore from the other , there must be 126 horses , that is , 63 on every side . OBSERVATION XIX . THough this Observation may seem useless , because the Proposals , that are mentioned in it , cannot be made out , and brought to pass , the Author having died , before he had encouragment to prosecute them : yet for these following reasons , I have adventured to insert it here . First , that others , may either be minded to find out ( if possible ) his inventions , or set a work to find out somethings , that may be as useful . Next , because , he was one of this same Nation , and a great Master of the Mathematicks , not only in the Speculative , but in the Practical part chiefly , and admirable for invention . And for this cause principally I have presumed to mention his designs , and proposals , which were found among his Notes , after his death , which are here insert , as they were written with his own hand , and offered to the publick , not only at home , but abroad to strangers . There have been men in all ages famous , for some one Art and Science beyond others , as Apelles for Painting , Hippocrates for Medicine , Demosthenes for Oratry , but who have been more famous in their time than some persons for their profound knowledge in Astronomy , Geometry , and the other parts of the Mathematicks . What an admirable person was Archimedes for his divine knowledge , both in the Speculative , and Practical part . Yet , it was not his speculations simply , though excellent , that did so much commend him , as his Inventions , and admirable Engines for peace and war , as is clear from the Romane Histories , and others . I confess the Students of these Arts , are not so much in request now , at least amongst some , and that knowledge is not so much esteemed ; and the reason may be ; because some who profess themselves great Masters , study nothing but the pure speculations , which sometimes are to small purpose , others before knowing the same , unless for perfecting of the mind , and giving to a man some private satisfaction . But such things will never commend a man so much as the practical part , and new Invention will do . 'T is surely a small business for one to do nothing , but to nibble at some petty Demonstration . But when such speculations are joyned with invention and practice , for the profit , and use of men , among whom they live , then are they far more to be commended . And if this be not , such knowledge is of small advantage to themselves or others . Many of the Ancient , and late Astronomers have been , and are famous for practice , as witness the indefatigable pains they have been at in making their Observations . What hath so highly commended Merchiston over all Europe , as his inventions , especially his Logarithmes ? And if all be true , that 's reported ( which I am apt to believe ) he might have been more renowned , for his many excellent Engines , which though useful , yet because hurtful to mankind , he buried with himself . I am confident , if the Author of these proposals had had time to have prosecuted them , he would have been celebrated in the Catalogue of the most famous Mathematicians of his time . But leaving this , I shall give you them in his own words : but first his Apology . These bold proposals will need perhaps an apology to such , to whom the causes , and circumstances are unknown . Let it suffice , that the Proposer finding himself between two extreams , either to leave unprosecuted this affair , for fear of being mistaken by some , as impudent , or to commit himself openly to the charitable judgement of others , who will suspend their censure , till they have seen what his endeavours will produce . He hath rather chosen this last , especially considering , that his silence could not answer to his duty , which he owes to his Countreys service , seing the following Engines may be so useful to it . A deduction of the fabrick , causes , and occasions of these new Engines , that set the Inventer a-work , would take a long time to discourse upon . This Paper therefore is only destined for a short information of their use , the rest , which could not here be insert without impertinency , may be supplied afterwards ( if need be ) either by a discourse , or by a particular demonstration . The Proposer then is of opinion , ( if self-love of his own Inventions do not blind his Judgement ) that these paradoxes may be truly affirmed . That if it shall please His Majesty to arm with these new Arms , and Engines , 500 Foot , or fewer , this small number shall be Masters of the Fields in France , Germany , Spain , or where else it shall please His Majesty , however encountered by the most powerful Army of Horse or Foot , armed with ordinary Arms , of Pistol , Carabine , Pike , Musquet , which Europe can bring to the Fields . The cause of this admirable effect , is in the quality of these new Arms , by which , the whole Horsemen and Footmen of the enemy are rendred useless , and unservicable ; neither can they do any offence to these , who are so armed . The Musquetteers , who can only serve against these Machins , shall be put to such disadvantage , as it is impossible they can stand , the least time , in the common way of service with the Musquet , it not being able to make one shot for twenty , which shall be made from these new Engines . These new Arms , have this advantage likewise , that these who are so armed , can by no force of Horse or Foot be broken , or put to disorder . The Souldiers are also by them put to a necessity of keeping together , and fighting , and by them , they are so Baricado'd , and strongly defended , that if they leave them not , they cannot be exposed to danger . This contributes much to good Discipline , when the Souldiers shall by necessity be tied to his duty , and fear , which otherwise makes him run away , shall here for his safety make him stand . These new Arms are useful , as well in Marching , as in Combating , for with them , we may march securely two in front , through the straitest passages , and be able to force with them any advantage a strait passage can give to an enemy . Besides , for a long hasty march , where Victuals cannot be well carried , the Souldiers are able with these Arms to carry their own provision for eight dayes , with more facility , then they can now carry one dayes provision . To lodge in the open fields , these Arms shall need no Intrenching , for they sufficiently both Arm and Baricade the Souldiers . And as they are useful in Service , so are they a great deal cheaper than the ordinary Arms. For although with 5 thousand men so armed , the service of 100000 armed with common Arms may be done , yet the whole price of them will not amount to that which will be required for arming 20500 Corrassiers , as may be particularly deduced , from the particular prices of the Arms , and Engines fitted for the service of 5000 men . The Proposet doth offer to shew , that these Arms will not surmount 40000 pound Sterling . The Artillery will amount to 4500 , and the payments of this number of men so armed , yearly to 70000 pound . Yet all these are taken in so large a latitude of reckoning , as the sum of Arms , Artillery , and payments , will not be much above 130000 pound Sterling . The Arms from which this effect is promised , are new Engines , with which one man is able to do the service of a great many Musquetteers . And those are of two sorts , either to be used upon a small Wagon for Footmen , or on a greater for a Horse , with either of which , one hand is able to make the fire of 100 Musquetteers , and so much better , by how much it is more regularly , and fitly done for execution and offence . The new Cannon shall have the like advantage above the old , both for easie carriage , being lighter , and for greater execution , shooting six , nine , or twelve Bullets for one . These Arms give not only this advantage at Land in the field , but also in Ships , and places of defence . These nine following propositions he likewise offered to make good , First , With one shot of Cannon , to do the execution of five shot of the same Cannon , in the common way of Battery . Secondly , to disable any Ship or Galley with one shot of Cannon . Thirdly , to fire any combustible matter with the shot of a Cannon . Fourthly , to make an Machin or Engine for transporting an Army , which may be carried without the incommodity thereof . Fifthly , to make a flotting Fortress for defence of Rivers , and prohibition of Passages . Sixthly , to make a Mortar that hath a directory Stell upon the Carriage . Seventhly , to make Petards of divers forms , that shall be able to do twice as much execution , as those that contain as much Powder . Eighthly , to make small Petards of great effect . Lastly , to make Bridges , and Scaling Ladders of easie Carriage . OBSERVATION XX : THese Observations being Miscellany , require not a formal connexion between themselves , and therefore 't is no matter what method I keep in setting them down . And though this may seem not so pertinent , as others , yet because the design of it is only Philosophical , and for advancing the Historical part of Learning in order to Spirits , upon which the Scientifical part doth so much depend , I have presumed to insert it here , considering also that there are some , who have adventured to deny their existence . and being ; which from such a History as this , may be more than probably evicted . I find likewise , that several Writers have remarked such strange accidents , and have transmitted them to posterity , which may serve for good use . The subject-matter then of this Observation , is a true and short account of a remarkable trial , wherewith the Family of one Gilbert Compbel , by Profession a Weaver in the old Paroch of Glenl●●e in Galloway , was exercised . Though the matter be well known to several persons at that time , and since too ; yet there are others , eighteen years interveening , to whom ( perhaps ) such a relation will not be unacceptable , who have either not as yet heard of it , or at least , have not gotten the true information , which is here set down , as it was Written , at the desire of a special Friend , by Gilbert Campbel's own Son , who knew exactly the matter , and all the circumstances , whose words are as follows . It happened in October 1654 , that after one Alexander Agnew , a bold and sturdy Beggar , who afterwards was hanged at Dumfreis for blasphemy , had threatned hurt to the Family , because he had not gotten such an alms as he required : the said Gilbert was oftentimes hindered in the exercise of his Calling , all his Working-Instruments being some of them broken , some of them cutted , and yet could not know by what means this hurt was done ; which piece of trouble did continue , till about the middle of November , at which time the Devil came with new and extraordinary assaults , by throwing of Stones in at Doors and Windows , and down thorow the Chimney-head , which were of great quantity , and thrown with great force , yet by Gods good providence , there was not one person of the Family hurt , or suffered damage thereby . This piece of new and sore trouble , did necessitat Mr. Campbel to reveal that to the Minister of the Paroch , and to some other Neighbours and Friends , which hitherto he had endured secretly . Yet notwithstanding of this , his trouble was enlarged ; for not long after , he found oftentimes his Warp and Threeds cut , as with a pair of Sizzers , and the Reed broken : and not only this , but their apparel cut after the same manner , even while they were wearing them , their Coats , Bonnets , Hose , Shooes , but could not discern how , or by what mean. Only it pleased God to preserve their persons , that the least harm was not done . Yet , in the night time , they wanted liberty to sleep , something coming , and pulling their Bed-cloaths and Linnings off them , and leaving their bodies naked . Next , their Chests , and Trunks were opened , and all things in them strawed here and there . Likewise , the parts of the Working Instruments , that had escaped , were carried away , and hid in holes and bores of the house , where hardly they could be found again . Nay , what-ever piece of Cloath , or Houshold-stuff , was in any part of the house , it was carried away , and so cut and abused , that the Good-man was necessitated with all haste and speed , to remove , and to transport the rest to a Neighbours house , and he himself compelled to quite the exercise of his Calling , whereby only he maintained his Family . Yet , he resolved to remain in the house for a season . During which time , some persons about , not very judicious , counselled him to send his children out of the Family , here and there , to try whom the trouble did most follow , assuring him , that this trouble was not against all the Family , but against some one person , or other in it , whom he too willingly obeyed . Yet , for the space of four or five dayes after , there were no remarkable assaults , as before . The Minister hearing thereof , shewed him the evil of such a course , and assured him , that if he repented not , and called back his children , he might not expect that his trouble would end in a right way . The children that were nigh by , being called home , no trouble followed , till one of his sons , called Thomas , that was farrest off , came home . Then did the Devil begin afresh ; for upon the Lords Day following , in the afternoon , the house was set on fire , but by his providence , and the help of some people , going home from Sermon , the fire was extinguished , and the house saved , not much loss being done . And the Monday after , being spent in privat Prayer and Fasting , the house was again set on fire upon the Tuesday about nine a Clock in the morning , yet by providence , and the help of Neighbours , it was saved , before any harm was done . Mr. Campbel , being thus wearied , and vexed , both in the day , and in the night time , went to the Minister , desiring him , to let his son Thomas abide with him for a time , who condescended , but withal assured him , that he would find himself deceived , and so it came to pass : for , notwithstanding that the child was without the family , yet were they , that remained in it , fore troubled both in the day time , and in the night season , so that they were forced to wake till mid-night , and sometimes all the night over . During which time , the persons within the Family , suffered many losses , as the cutting of their Cloaths , the throwing of Peits , the pulling down of Tu●ff , and Feal from the Roof , and Walls of the House , and the stealing of their Apparel , and the pricking of their flesh and skin with Pins . The Presbytery having conveened at the place , for a solemn Humiliation , perswaded Gilbert Campbel to call back his Son Thomas , notwithstanding of whatsoever hazard might follow . The Boy returning home , affirmed that he heard a voice speak to him , forbidding him to enter within the house , or into any other place where his Fathers Calling was exercised . Yet he entered , but was sore abused , till he was forced to return to the Ministers house again . Upon Monday the 12 of February , the rest of the Family began to hear a voice speak to them , but could not well know from whence it came . Yet , from evening till midnight , too much vain discourse was kept up with the Devil , and many idle and impertinent questions proposed , without that due fear of God , that should have been upon their Spirits , under so rare and extraordinary a trial . The Minister hearing of this , went to the house upon the Tuesday , being accompanied with some Gentle-men , who after Prayer was ended , heard a voice speaking out of the ground , from under a bed , in the proper Countrey Dialect , saying , Would ye know the Witches of Glenluce ? I will tell you them ; and so related four or five persons names , that went under an evil report . The said Gilbert informed the company , That one of them was dead long ago . The Devil answered , and said , It is true , she is dead long ago , yet her spirit is living with us in the world . The Minister replied , saying , ( though it was not convenient to speak to such a person ) The Lord rebuke thee Satan , and put thee to silence ; we are not to receive any information from thee , whatsoever fame any persons go under . Thou art but seeking to seduce this Family : for Satans Kingdom is not divided against it self . After which all went to Prayer again , which being ended ( for during the time of Prayer no trouble was made ) the Devil with many threatnings boasted and terrified the Lad Thomas , who had come back that day with the Minister , that if he did not depart out of the house , he would set all on fire . The Minister answered , and said , The Lord will preserve the House , and the Boy too , seing he is one of the Family , and hath Gods warrand to tarry in it . The Devil answered , He shall not get liberty to stay : he was once put out already , and shall not abide here , though I should pursue him to the end of the world . The Minister replied , The Lord will stop thy malice against him . And then they all prayed again , which being ended , the Devil said , Give me a Spade and a Shovel , and depart from the house for seven dayes , and I shall make a grave , and ly down in it , and shall trouble you no more . The Good-man answered , Not so much as a Straw shall be given thee , through Gods assistance , even though that would do it . The Minister also added , God shall remove thee in due time . The Devil answered , I will not remove for you , I have my Commission from Christ to tarry , and vex this Family . The Minister answered , A permission thou hast indeed , but God will stop it in due time . The Devil replied , I have ( Mes. Iohn ) a Commission , that ( perhaps ) will last longer than your own . After which , the Minister and the Gentlemen arose , and went to the place where the voice seemed to come from , to try if they could find any thing . And after diligent search , nothing being found , the Gentlemen began to say , We think this voice speaks out of the children , for some of them were in their beds . The Devil answered , You lie , God shall judge you for your lying , and I and my Father will come and fetch you to hell , with Warlock-theeves ; and so the Devil discharged the Gentlemen to speak any , saying , Let him speak that hath a Commission ( meaning the Minister ) for he is the Servant of God. The Gentlemen returning back with the Minister , they sat down near to the place whence the voice seemed to come from , and he opening his mouth , spake to them , after this manner . The Lord will rebuke this Spirit , in his own time , and cast it out . The Devil answering , said , It is written in the 9 of Mark , the Disciples could not cast him out . The Minister replied , What the Disciples could not do , yet the Lord having hightned the Parents faith , for his own glory did cast him out , and so shall he thee . The Devil replied , It is written in the 4 of Luke , And he departed , and left him for a season . The Minister said , The Lord in the dayes of his humiliation , not only got the victory over Satan , in that assault in the wilderness , but when he came again , his success was no better , for it is written , Joh. 14. Behold the Prince of this world cometh , and hath nothing in me ; and being now in glory , he will fulfill his promise , and God shall bruise Satan under your feet shortly , Rom. 16. The Devil answered , It is written , Mat. 25. There were ten Virgins , five wise , and five foolish ; and the Bridegroom came : The foolish Virgins had no Oyl in their Lamps , and they went unto the wise to seek Oyl ; and the wise said , Go and buy for your selves : and while they went , the Bridegroom came , and entered in , and the door was shut , and the foolish Virgins were sent to hells fire . The Minister answered , The Lord knows the sincerity of his servants , and though there be sin and folly in us here , yet there is a fountain opened to the house of David for sin and for uncleanness , and when he hath washed us there , and pardoned all our sins , for his Names sake , he will cast the unclean spirit out of the land . The Devil answered and said , That place of Scripture is written in the 13 of Zechariah , In that day I will cause the Prophets , and the unclean spirit , pass out of the land ; but afterwards it is written , I will smite the Shepherd , and the Sheep shall be scattered . The Minister answered and said , Well are we , that our blessed Shepherd was smitten , and thereby hath bruised thy head ; and albeit in the hour of his sufferings , his Disciples forsook him , Mat. 26. yet now having ascended on high , he sits in glory , and is preserving , gathering in , and turning his hand upon his little ones , and will save his poor ones in this Family from thy malice . The Minister returning back a little , and standing upon the floor , the Devil said , I knew not these Scriptures , till my Father taught me them . I am an evil Spirit , and Satan is my Father , and I am come to vex this house ; and presently there appeared a naked hand , and an arm , from the elbow down , beating upon the floor , till the house did shake again ; and also the Devil uttered a most fearful and loud cry , saying , Come up Father , come up : I will send my father among you . See , there he is behind your backs . The Minister said , I saw indeed an hand , and an arm , when the stroak was given , and heard . The Devil said to him , Saw you that ? It was not my hand , it was my fathers ; my hand is more bl●ck in the loof . Would you see me ? Put out the candle then , and I shall come butt the house among you like fire-balls . After which all went to Prayer , during which time , it did no harm , neither at any other time when God was worshipped . When Prayer was ended , the Devil answered and said , Mes John , if the Good-mans sons prayers at the Colledge of Glasgow , did not prevail more with God , than yours , my father and I had wrought a mischief here ere now . To which one of the Gentlemen replied , though a check had been given him before , Well well , I see you confess there is a God , and that prayer prevails with him , and therefore we must pray to God , and will commit the event to him . To which the Devil replied , Yea Sir , you speak of prayer , with your broad lipped Hat ( for the Gentleman had lately gotten a new Hat in the fashion with broad lips ) I 'le bring a pair of Shears from my father , that shall clip the lips of it a little . The night now being far spent , it was thought fit every one should withdraw to his own home . Then did the Devil cry out fearfully , Let not the Minister go home , I shall burn the house if he go ; and many other wayes did he threaten . And after the Minister was gone forth , the Good-man being instant with him to tarry , whereupon he returned , all the rest of the company going home . Then said the Devil to the Minister , You have done my bidding . Not thine , answered he , but in obedience to God , have I returned to bear this man company , whom thou dost afflict . Then did the Minister call upon the Name of God , and when Prayer was ended , he discharged Mr. Campbel , and all the persons of the Family , from opening their mouth , in one word to the evil spirit , and when it spake , that they should only kneel down , and speak to God. The Devil then roared mightily , and cryed out , What ? Will ye not speak to me ? I shall burn the house , I shall strike the bairns , and do all manner of mischief . But after that time , no answer was made to it , and so for a long time no speech was heard . After this , the said Gilbert suffered much loss , and had many sad nights , not two nights in one week free ; and thus it continued till April . From April to Iuly , he had some respite , and ease . But after , he was molested with new assaults : and even their Victuals were so abused , that the Family was in hazard of starving ; and that which they did eat , gave them not the ordinary satisfaction they were wont to find . In this sore and sad affliction , Mr. Campbel resolved to make his address to the Synod of Presbyters , for advice and counsel what to do , which was appointed to conveen in October 1655 , namely whether to forsake the house and place , or not ? The Synod by their Committee , appointed to meet at Glenluce in Feb. 1656 , thought fit , that a solemn Humiliation should be kept thorow all the bounds of the Synod , and amongst other causes , to request God in behalf of that poor afflicted Family , which being carefully done , the event was , through the Prayers of his People , that his trouble grew less till April , and from April to August , he was altogether free . About which time , the Devil began with new assaults , and taking the ready meat that was in the house , did sometimes hide it in holes by the door-posts , and at other times did hide it under the beds , and sometimes among the Bed-cloaths , and under the Linnings ; and at last , did carry it quite away , till nothing was left there , save Bread and Water to live by . After this , he exercised his malice and cruelty against all the persons of the Family , in wearying them in the night time , with stirring and moving thorow the house , so that they had no rest for noise , which continued all the moneth of August after this manner . After which time , the Devil grew yet worse , and began with terrible roarings , and terrifying voices , so that no person could sleep in the house , in the night time , and sometimes did vex them with casting of stones , striking them with staves on their beds in the night time : and upon the 18 of September , about mid-night , he cried out with a loud voice , I shall burn the house ; and about three or four nights after , he set one of the beds on fire ; which was soon extinguished , without any prejudice , except the bed it self : and so he continued to vex them . OBSERVATION XXI . I Need not make any apology for inserting this Observation , even though it be well known upon the matter in this place . But because the thing is extraordinary , and that there are many who have not so much as heard of it , I have therefore presumed to mention it here . The matter is shortly this . There 's a certain Woman , named Mistri● Low , who had a real and true Horn , growing upon the right side of her Head , three inches above her righ 〈◊〉 . The length of it is eleven inches , and two inches about . The form is crooked spirally . It is convex on the outer side , and somewhat guttered in the inner side . It is hard and solid , and all very near of the same greatness . It is not hollow within , as horns are ordinarily , but full , yet it seems to be spongious as a Cane is . It was seven years in growing , and was cut off in May 1671 , by Mr. Temple , an expert Chirurgeon here at Edinburgh . OBSERVATION XXII . THis Observation is for finding the Primum vivens in Animals . Albeit I doubt not but the red Spirit , or Blood , in most Terrestrial Animals , is the first product of the Primigenial juice , and therefore not improperly named the true Callidum Innatum of these Creatures , by the Noble and Ingenious Harvey , in his Book de Generatione . Neither do I scruple to yeeld , that the Heart , and appendent Vessels , are the first formed , and perfected parts in the hotter kind of Animals : yet I am confident to affirm , that in many of the colder , and moifter kinds of Aquaticks , if not in all , neither the redness and heat of the Vital Spirits , nor the formation of the Heart , Liver , &c. are previously requisite , to the structure and existence of the other parts ; seing the light of life , which at first inhabited the clear and Cristalin radical moisture , before the formation of any particular part , doth alwayes move in every living creature , according to their particular exigency , without any absolute dependency upon any one part , or member ( excepting singular conditions , wherein they may be stated ) as to its substance , light , and motion : there being in some Animals a simple undulation , in others a slow creeping , but in the more perfect , an impetuous running , or rather flying of the Vital Spirits , necessarily required for illumination and vivification of the whole . For confirmation , I shall give you this singular Experiment . About the middle of March , the sperm of Frogs ( according to the number of Prolifick Eggs therein contained ) sends forth a multitude of small round Creatures , covered with a black , and moveable Frock , which about the end of March , and beginning of April , by the Gyrations of a Tail behind , like a Rudder , do slowly move their bodies in the Water . At this time having opened severals of them , I found nothing ( apparent to the naked eye ) but a clear thin Membran , under the fore-named black Frock , within which were contained a clear Water , and some small Fibres like Intestines , and in the fore-part a small orifice like a mouth . About the middle of April , its motion is more vigorous , and the Tripes within are most evident , lying in a very fine circular order , but as yet , there is no Vestige of Heart , Blood , or Liver , &c. About the middle of May , the feet formed like small threeds , appear thorow the black Coat : within the Breast , the Heart is then visible , of a white and Fibrous substance , the Liver is white , and the Gall therein easily discerned . But ( which is the head of this Experiment ) the Vital Spirit , in form of a clear and pure Water , is manifestly received by the Nervous Heart , and by the contraction thereof transmitted to all the Body , thorow white transparent Vessels , which being full of this Liquor , do represent the Lymphatick , rather than the Sanguiferous Veins . Last of all do the Pneumatick Vesicles ( which in this Amphibium supply the place of the Lungs ) arise in the Breast , after whose production , the Lympid and Crystalin Liquor , while the Heart is turgid therewith , seems to be red and fiery , but in the other Vessels , it is of a faint pale colour , untill ( about , or near the end of Iune ) the Frock being cast off , and a perfect Frog formed , the whole Vessels are full of Blood , or a red substance very thin , and clear : the Liver , and Pneumatick Vesicles , &c. become red , and Rosy ; so that the Blood in this Amphibium ( which in the more perfect Animals is first compleat ) seems to be the last part in attaining its perfection . That Salmonds , and great Trouts have an aqueous liquor which runs thorow their Arteries , and Veins , before their Blood attain the true consistency , and saturat tincture I am certain : whether it hold in many others , I suspect , but dar not affirm . Hence it may be ( if mens observations , were frequent in all kind of Anatomical inspections , in several Embryo's of every species ) it would be found evident , that the Blood in all these , called 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 hath its immediat original from a simple homogeneous , and uniform liquor , and doth by gradual and frequent influences of the vital ferment of the heart , receive at length the full tincture , essence , and subsistence requisite for vivification , and illumination of the whole members . Whether this Experiment doth not sufficiently impugn the universality of the hearts first living , the original of the Gall from the fervour , and ebullition of the Blood , the production of the Blood by the Liver , and many other ancient errors , let any judge , who will but take pains to make and compare Harveys trials de ov● , with this of the Porwigl or Gyrinus , ab ovo . Yea , if the aqueous liquor , be not one with the vital Spirit , and subsequent Blood , then my eyes , and taste are altogether erroneous . Moreover , it were to be wished , that Physitians would not simply stand upon the Galenick suppositions of the four alledged Components of the Blood , nor any such , or equivalent fancies of the latter Chymists ; but that they would seriously examine the first original , and rise thereof from the Primigenial juice , or liquamen , the progress , and perfection of its tinctures , how many renovations , or new tinctures it is capable of ; the vast difference between the Blood of old and young Animals , ( though , it may be , they are both univocal substances , while in their integrity within the Vessels ) with the specifick discriminations , not only of that of any one Aquatick , from any Volatil , or Terrestrial , but likewise of any one Species living in the same Element , with these that enjoy the same Aliments , but of a different Species . And lastly , the variety of particular constitutions , and singular properties of individual Animals , radicated in the fountain of life , or first original of the Blood. If these things , and many more , were truly inquired after ( though the Cook be sometimes necessitated to throw away some of the Broth with the Scum ) I doubt not but the Neoterick Invention of Transfusion of Blood , would prove altogether ridiculous , and the ancient mistake of too much Profusion of this treasure by Phlebotomy , might suffer some reasonable checks from infallible Experience , and sound reasons , not here to be mentioned . There are truths in Natural Philosophy , which ( I doubt not ) but sound reason and experience will convince the vain world of in due time . OBSERVATION XXIII . THis Observation is concerning the aliment and growth of Plants . The inquisitive wits of this , and the last age , having rejected the old opinion of the earths nourishing of Plants , or being converted into their aliment , have made many laudable Experiments for finding out the materials , and means of their growth , and vegetation , such as Sir Francis Bacon's Observe of Germination , Helmonts of a Willow , and the Noble Mr. Boyl's of a Gourd , &c. For though a Tree be cut down , and the root thereof wax old in the earth , and the stock die in the ground , yet through the sent of Water , it will bud , as Iob speaketh , Chap. 14. 7 , 8 , 9. I shall add a short remark of a Willow growing without earth . Upon the 13 of April 1662 , I set a top branch of the Peach-leaf'd Willow in a Glass-viol , among 12 ounces of pure Spring Water , with three small buds upon the top thereof , scarce yet discernable . The first ten or twelve dayes , little white specks appeared upon the sides of the Willow , like small drops of Quick-silver , or like the first Bubbles that arise upon the fermentation of Ale or Wine , but no consumption of the Water all this time . Indeed the Gemms , which stood three inches above the Water , did visibly swell about the twelfth day . About the fifteenth day , I perceived small white roots within the Water , upon several places of the Plant , and observed the Liquor grow somewhat thick , and decay in bulk considerably . Having perceived this , I took another Glass of the same bigness , with that wherein the Willow grew , and having filled both top-full with Spring Water , I observed clearly the consumption of the Water wherein the Plant stood , to be so great , that during May , Iune , and a great part of Iuly , every week ( at least ) an ounce and an half , or two ounces of it were insensibly spent : whereas the other Water , standing by in an open Vessel of the same size , made not waste of one spoonful in a whole moneth . About the middle of August , the Water turned very thick , and green , like that whereon Duck-weed useth to grow , and the fair white roots were all obscured from the sight , although the Vessel by the multitude of roots was not capable of the third part of Water it received at first . At this time the branches were advanced to half the bigness , and a much greater length , than the whole stock , at its first planting ; and the leaves of as fresh a verdure , as any Willow in the fields . Thus , having observed , that a tree of four ounces weight , could in three moneths time , and little more , consume insensibly , seven or eight times its own weight of pure Water , without the warm preservation of the earth , and by its own proper digestion , to thicken the remnant of the Water , that it might serve for lorication of the tender fibres of the roots , I took the Glass , the Tree , and all , and threw them over a Window , supposing it needless to recruit the Water any more , and judging it impossible without the warm guard of the earth , that the naked Tree could be preserved in Winter : yet it had the good fortune to fall among some thick Herbs in the corner of a little Garden , where ( after it had lien all Winter ) it was found , and brought back to me , the branches fairly budding in April , the whole Tree fresh and green , yet very little Water was left in the Glass , by reason , as I judged , it had fallen upon its side . Then I endeavoured to keep Water about it , but the Stock filling the neck of the Viol , and the Roots the whole body thereof , the starved Plant died in May , after it had lived a whole year without earth . From this it would seem , that this kind of Tree , ( and it may be , many moe ) doth dissipat insensibly six times more Liquor , than it doth assimilar , and by consequence , that a great quantity of moisture is necessary for maintainance of great Woods . Neither is there any way so advantagious for draining moist ground , where there are no living Springs , as that of planting abundance of Timber , which will best agree with that kind of soyl : for by this means , what was formerly noisome , and superfluous , is now converted partly into the useful aliment of the Timber , and partly sent abroad in insensible exhalations , which ( according to the nature of the emitting Plants ) prove either very noisome , or wholsome to the Neighbour-Inhabitants . Great care therefore would be had in the choise of such Trees , as are to be planted in such moist ground , as are near to mens dwellings , or places of concurse . They are not fools , who prefer Firs , and Lime-trees in their Avenues to Oak and Elme . Let the effects of the Atomical exhalations of Alder and Oak upon fine Linnen , and white Skins be more particularly noticed . Having spoken somewhat of the aliment and growth of Plants , I shall in the next place give a short hint at the motion of their aliment , especially of Trees . That the alimentary juice of Plants , is much thinner , than that of Animals , no man , I suppose , will deny , seing that is conveyed thorow the trunck , or body of the Plants , by inperceptible pores ; but this ( for the most part ) is sent thorow all the members , through patent and manifest Vessels . But how the nourishing , and vital juice in Plants doth move , and by what passages , hath not yet been made known , by any that I have seen . I made once a few Observations , for trying of the motion of the aliment of Trees , which bred in me this conjecture . The nutritive juice of Trees is transmitted both to the roots and branches , through the heart , or pitch , and woody pores of the Timber , and when it is come to the extream parts , it returns again from the tops of the roots and branches , between the bark and timber , into these forenamed interior passages , and so back to the extremities again , and that continually , so long as the life remains . And because the substance of that skin , or bark , which invests the fibres of the root , is more open and porous , than that which is upon the outward branches : therefore it seems , that so much as is superadded to the stock of the former aliment , from the earth , is conveyed to the heart and pitch , by means of , and together with , that part of the retrograd juice , which returns from nourishing , and enlivening the timber of the root-branches , ( for it is an easie Experiment , to make the top of any Tree become root , by laying it down ) and receives the impressions of the life of the Tree , common to the whole mass of alimentary juice , like the I hyll in Animals mixed with the blood of the Veni-cave , before it come to the heart . This motion is not to be thought alwayes alike swift , or of equal celerity : for the vital juice of the Tree becomes so thick and oleagenous in the Winter , that the motion thereof to the outward , is scarce discernable ( though the preparation of the Gemmes , both for leaves and flowers , are observed by the curious , and can be distinguished , even in the coldest seasons ) and the returns inward are in so small quantities , that they are rather like vapours , than liquid juice . Indeed , some Trees , when their root-branches are cut ( even in Winter ) will yeeld no small quantity of an acid liquor , which by addition of the recent Leffas from the earth , smells evidently of the Matrix , from which it did proceed . Moreover , the passages especially from the branches to the Trunk , are so straitned and contracted , that the bark cleaveth to the Timber , as every Wood-man knows . But so soon as the warm Spring hath attenuated the ever-flowing juice in the whole Tree , then doth it become turgid , and more aqueous over all : the passages , and channels both in the trunk , and among the tunicles , and particular skinnes , are so palpably filled with this vital juice , that having no sufficient place to be comprehended in , it putteth forth new growths both in the top , and in the root , which may be easily seen to have more pitch than wood , and to be sealed on the extremity , with the vestiges of a future Gemm ; that by the former , they may the more freely receive the vital influences from within , and by the latter , may be secured from the depredation of the external Air. To prove the motion ad extra , or to the extremities of the branches ; take the branch of any ordinary Tree , about the bigness of a mans wrist ; make it bare near the body of the Tree of all bark , and subjacent tunicles ( for every Tree according to its kind , hath moe or fewer skins , which serve for Veins , within the strong outmost Cortex ) at least for the breadth of a span , or two hand-breadth . Then tye up the place , so excorticated with a compost , made of horse-dung mixed with earth ; let it stand so from May , till November . Then cut off the branch , a little above the Compost , near the body of the Tree , and you shall find it living and fresh , like the rest of the branches : yea , small roots shall evidently appear to have come forth under the Compost near the bark , but not under the bared place . This branch in many kind of Trees being planted , will hold , though not in all . I say then , seing the foresaid bough is nourished from May till November , it is necessary , that it receive nutriment from the body of the Tree , by the internal porosities thereof : for the bark being discontinued by excortication , can send nothing upward towards the top of the bough ; and if it received nothing from the root , it would wither in a few dayes . Yea , leave the discovered part naked , but for a few dayes , and of necessity the branch dieth , the aliment thereof being exhausted by the Air , before it can reach the extremities of the bough . That the Vital Balsome of the Tree returns from the extremities by the internal bark , and inward superfice of the external , together with the smooth outward part of the t●unck , although the necessity of both timber and bark in all Incisions , and Inoculations , might perswade the judicious , and the visible course of the juice of the Sycamor in February , and of the Birch in March , upon the cutting of any small branch , might convince any curious beholder ; yet the knot or callus , that is made upon grafted Trees , will better inform the ignorant : for this knot being alwayes upon the shoulder , or root of the Graff , and never upon the top of the Stock , doth evince clearly , that it is made by restagnation , of the descending , and not of the ascending juice : otherwise , why doth it not swell the top of the Stock , as well as the root of the Graff ? Or why doth it not extuberat in any other place of the Graff ? These are accidental varices , which can hardly be shunned in Imping , seing the top of the Stock ( except when it is very young and succulent ) doth not receive so kindly , as it ought , the retrograd sap , although all that is sent out to the Graff must ascend thorow the pores of the Stock . Hence many times a considerable part of the Stock is mortified , because although abundance of aliment ascends to the head or top thereof , yet no more of it goes to the branches , but what is bestowed upon the Graff , a great part of the rest being exhaled by the Air ( especially in big Stocks ) and consequently , the place defrauded of its nourishment : no other wayes than when the motion of the vital sap faileth , either in the whole , or in part , a total decay or particular mortification of some part necessarily follows , as in the Stemms of annual Plants , and mortified tops of the Ectrapelous branches ( that I may so call them ) of Willows , Plumbs , &c. we may observe every Autumn . OBSERVATION XXIV . Sir , I Was not a little surprised , at the receit of yours , when I had considered your desire in it , being prest with two difficulties , which seemed equally hard to evite . The one , to give you my judgement in a matter wherein I have been so little conversant my self , and have had the steps of no other to follow , never one having hitherto touched that subject in writting ; I mean of Coals , and other Minerals of that nature , their Course , and other things relating thereunto ; the observation whereof ( I grant ) wants not its own pleasure , and usefulness . The other , to refuse the desire of a friend , when importuned , to whom I owe my self , by many obligations . This last having prevailed , hath determined me to assay the overcoming of the first . And though I am confident , what account I can give you , shall give but very little satisfaction : yet I adventure to offer it , such as it is , very freely in the following discourse , wherein you are not to expect , that I will meddle with some questions , thereanent , which might be more curious , and pleasant , then profitable , or satisfying , such as , if Coal , and Free-stone , which keep one course , and have the same accidental qualities , have been created in the beginning , in their perfection , as wee now find them , and since that time only preserved , as they were created for the use of men , to whom all sublunary things were made subfervient ? Or , if they have been but produced gradually , as they speak of Gold , and other Minerals , by the influence of the Sun , in the bowels of the Earth ? And if their production be of that nature , out of what matter they are formed ? These things being above my reach , I shall leave their inquiry , to those that are knowing in the secrets of Nature , and shall therefore give you a narration , of what either I have observed of these things , which occurr in the Winning of Coal in my own experience , or by conversing with others of more experience than my self , in doing whereof , I shall follow this Method . First , I shall speak of these things that are common to all Coal , wherein they all agree , and which are , as it were , essential to all , and of there differences , which are but accidental , and gradual sometimes , and yet are abundantly conspicuous , and causeth different effects in the working ; as their Dipps and Rise , and Streek , for so are they termed . Secondly , of some things , which are but accidental to Coal , and yet so ordinary , that scarcely any is found without them , in lesser or greater degrees ; such are Gae's , and Dykes , that alter the natural Course of the Metalls , very incident to every Coal , though in some less frequent , conform to the nature and kind of the ground , where the Coal is . Thirdly , I shall speak something of Damps , and of their different causes , and effects : of Wild-fire , and other such like things , which are met with in the working of Coal . And lastly , of the best way for trying grounds to find Coal , where never any hath been hitherto discovered : of carrying on of Levels , for draining the water of Coal and making it workable . It is to be cosidered , that all Free-stone , though of different natures , hath the same course , with the Coal , that ly either above them , or below them , except it be accidentally , interrupted : therefore , whatsoever is spoken of the one , is applicable to the other . And so we find in Digging or Sinking , that after the Clay is past , which keeps no course , all Metals , as Stone , and Tilles ( which are Seems of black Stone , and participat much of the nature of Coal ) ly one above another , and keep a regular Course ; wherein the three things most remarkable are their Dipp , and Rise , and their Streek , as it is termed . The Dipp , and Rise , are nothing but a declining of the whole body of the Metalls . And this general holds , that all of them from their Center rises , till they be at the very surface of the Earth ; some only at a foot or two foot , some at an ells distance from the surface , which is here termed a Cropping : and whether Coal or Stone , the nearer they come to the surface , the softer they become , till at last they are converted , if it be a Stone , to a very Sand , and if Coal , to a Dross , which will not burn . This d●clining or Dipping , of the Coal , is sometimes greater , and sensible , sometimes lesser , and almost insensible . There being some , that if you consider the declination , it will not be found one foot in ten ; some one foot in twenty , or one in thirty . Whereas in others it will be one foot in three , or one in five . And sometimes it hath its Course from the Center of the Earth , almost in a perpendicular to the surface , it cutting it , near to a right Angle . The first sort , they term Flate-broad-coal , in regard of the plainness , and evenness of its Course . The next , they call Hinging-coal . The last is called Edge-Coal . The first is the most profitable , in regard , that it 's long before the Coal-hewers can reach the Cropp , and consequently the more of it is workable . The second and third sort , are sometimes of their own nature , more firm , and fitter for burning , but less of them can be reached in working . The Course of all the three is most perceptible in the three following Schematisms . Figure 1. In all the three Figures , the point B is the Cropp of the Coal . The Line B C is the body of the Coal declining or the Dipp from the Cropp . A C is the perpendicular , falling from the Horizontal Line , whereby the true declination or Dipp of the Coal is found . So that after you have found your Coal at B , you must set down your Sink at the point A. In the Flat-broad-Coal , which we suppose only to decline , three fathoms in sixty ; the Sink , that answers to the perpendicular A C , will be of deepness three fathoms . If the distance B A , be supposed to be 120 fathoms alongst the Grass , or surface , then will the deepness of the Sink be six fathom , and so forth . In the second , if the Coal be supposed to decline one fathom in three , the Sink A C , being set down at the same distance from the Cropp B , with the former , it will prove thirty fathom deep . If the said distance be doubled , it becomes sixty fathom deep , and so forth . In the third , keeping that same distance alongst the surface , you shall not encounter the Coal with a Perpendicular Sink , because of its great declination , and therefore through want of Air , and other difficulties , you cannot dig so deep , as is necessary to that effect , except the Sink should be made to decline , as doth the Line A D. All these Dipps are to be seen in several places of Lothian . The first is most conspicuous in the Earl of Wintons ground at Tranent , where the Coal , and other Metals are extraordinary flat and even . The second is within the said Lordship of Tranent , in a piece of ground , called Wester-Fauside . The third in Lonhead of Laswaid , which pertains to Sir Iohn Nicolson of Nicolson : and in many other places , one may see very different declinations , who is curious to observe them . From this general position of the Dipp , and Cropp of all free Metals , there is one consequent , which is no uncouth Observation , namely that these Metals rising from their Dipp to a Cropp , every one of them riseth in their proper course , if none of these things whereof we shall treat hereafter interveen , and make an alteration , that is the Coal or Stone , which is lowest , comes farrest out in its Cropping , which is easily understood by the subsequent Schematism . Figure 4. Wherein the Line A M represents the surface of the Earth . C D. E F. G H. I K. L M , are so many several Metals , lying in course one above another . Suppose C D were a Stone , and the Roof of the Coal E F ( for so they term the Stone , immediatly next above the Coal ) and G H , I K , were other two Stones , interveening between the Coals E F , and L M , then if the Cropp of the uppermost Coal be found at F , the Crop of the Stone above it , must be found back , at the point D , and the Cropp of the Coal under it , which is L M , must be found at M. And this distance of Cropp is proportioned by the length of the perpendicular between them , and the quantity of their declination . For , the more even and flat a Coal is in its course , and other Metals , above and below , the farder doth the Cropp of the lowest Coal advance before the Cropp of the uppermost . For illustration whereof , let us suppose in two several grounds , two Coals , between which , there is an equal distance of perpendicular . And suppose the Metals in the one ground to decline at 13 to 24 , the other at 13 to 16 , then will the distance between the Cropps in the two grounds be very considerable , as may be represented by the two following Figures . Figure 5. Suppose then , that D I , is of equal length in both Triangles , which is the perpendicular , between the two Coals : yet D F in the fifth Figure , is much longer than D F in the 6. And the reason is evident , because the Angle D I F , in the 5 , is greater then the Angle D I F in the 6 : and therefore the Base D F , which is subtended by the greater Angle in the 5 , must be greater then the Base D F , which is subtended by the lesser Angle in the 6 , which Euclide proves in his 24 Proposition of his first Book , and is demonstrat by Proclus in the Scholium to the 4 th Proposition of the same Book . By this is made to appear the profitableness of a Flat-Coal , beyond a Hinging-Coal , which was touched before , in regard that having the Sinks of equal deepness in both , there is much more of the Flater-Coal to be wrought , before it Cropp out , then of the Hinging , as there is a difference between the Lines D F in the first and second Figure , or between the Lines I F , in the same . If it be enquired , if in rising grounds , where there is a considerable ascent above ground , the Coal keeps a proportion in its Rising and Dipping with the ascent and descent of the ground above ? I answer , there is no certain and constant proportion kept , whatever sometimes may happen . For I have observed some Coals upon grounds of a considerable ascent , and their Dipp run quite contrary to the descent of the Hill : and others have had a quite contrary course to that , and have declined , or dipped with the declination of the ground above . But in the Streek ( whereof I shall speak a little hereafter ) there is more proportion ordinarily to be remarked . There remains only one Question about the Dipps , and Risings of Coals , which I shall a little consider , having encountered different judgements anent it , in conversing with persons , who had experience in Coal , viz. whether Coal and other Metals , after they have declined such a length from their Cropp , suppose from West to East , take another course , and rise to the same point , to which formerly they dipped ? Figure 7. As if the Coal dipped from A , which is the Cropp , to B , which should be the Center of that Body ; and after that rise to C ? Or if it should continue its declination thorow B to D , which is Antipodes to us ? I shall not offer to determine in a matter wherein there can be so little certainty attained , but shall give my opinion , which is founded upon the experience I have had , and Observations I have had occasion to make on that Head. And first , I find in all these Coals , wherein no contrary Cropp or Rising could be visible , there are invincible obstructions ; as either , they have been near the Sea , and have dipped that way ; and so if they took any contrary course , the cropping behoved to be in the deeps , and so no access to trace them . Or next , they have dipped towards the foot of a Mountain , and so the ground above rising the same way which they declined ; their course could not be pursued , till a contrary rising should be discerned . Or thirdly , they have encountered some Gae , or Dyke , which hath cut them off , before they came to their full dipp , and thus their course was obstructed . Now , those that have been acquainted with no other Coals but such , I think it not strange , if it be hard to perswade them of those things they have not seen . But besides all those kinds , I have seen others , whose contrary rising and dipping have either been visible to the eye , or demonstrable by reason . For example , I have entered under ground , as it were at the point C , at the very Grass-cropp , and have gone following the dipp of that Coal to the point B , at which the course hath altered , and carried me out at the Grass at A , which are two contrary points of the Compass . And that alteration of course was not occasioned by any Gae , or trouble , which sometimes have that effect , the ground being very clean , and good Metals , keeping their course most regularly . There are other instances for confirming my experience , in fields , which are so large , that 't is impossible to work the Coal so far to the Dipp , it falling deep , and so wants Level for conveying water from it , or wants Air , for following it to such a deepness , as to overtake its Center , where it takes a contrary course , and yet the contrary Cropp hath been wrought in several places , which is evident to be a part of the same body , with the other , both by the nature of the Coal it self , by the Metals lying above it , and the Coals below it , all which keeping the same Course , except when they encounter troubles , which are incident to some parcels of ground , more than to others . The greatest field I know wherein this is conspicuous , is in Mid-lothian where is to be found , the cropping of a Coal of a considerable thickness , which is termed their great-seam , or Main-coal , and the other Coals lying below it , which may be traced in the order following . At Preston-Grange these Coals are found dipping to the N W , and rising to the S E , which have been wrought up to Wallifoo●d : from that along by the foot of Fa●side Hill , the dipp lying in the Lands of Inneresk , which marches therewith on the North. From thence it runs through the ground of Carberry , every one of these grounds from Preston-Grange , Giving Levell to another . From thence , through a part of the Lands of Smeaton , and next through a piece of ground belonging to the Family of Buccleugh , called Coudon : and through West-houses , which belongs to the Earl of Lothian , and at Cockpen , and Stobhill , from thence runs through to Carington-Mill ; all which is a course , which in Streek lyes near to S W , and N W , and will be in length about eight miles . From thence , the course of the Coal turns , and is found in the Barony of Carington , White-hill Ramsay , Gilmerton , and from thence taking its Dipp , quite contrary to what it had before , the other Dipping N and N W , or N E , according to the turn of the Streek , it Dipps there S , S E , &c. and from Gilmerton , it is found at Burntstone , a piece of ground belonging to the Earl of Lauderdale : and from thence at the Magdalen Pans , where the turn of the cropp being within the Sea , is not seen , till it be found at Preston-Grange , where we began to remark its course . The parcel of ground , under which this great body of Coal lyes , is of a considerable extent , it being eight miles in length , and five or six in breadth ; in regard whereof many other Coals are found lying above the great Coal , the cropps whereof doth not come near the Cropp of it , by a considerable distance . Though this instance alone , may sufficiently convince , yet I shall not be unwilling to give another . The parcel of ground , in which this Coal is found , is not of so great an extent , as the other , and therefore its course may be the more easily traced . For the greatest part , it belongs to the Earl of Winton , and lyes within the Lordship of Tranent , whose contrary Cropps , are most conspicuous . This great Coal , which is 10 , or 12 foot thick ( beginning at the head of the Toun of Tranent ) where it hath been wrought , runs S W towards the march of the Lands of Elphingston , belonging to the Lord Register , and continues in that same course , till it come near to the house , and for the most part dipping to the S E. And near the house , the Cropp is turned downward towards the march between Elphingston and Ormiston , where the dipp is contrary to the former . And from Elphingston-mains , it takes its course almost round , through the Lands of Panston , and returns to the Toun of Tranent where it began , which body of Coal will be in length two miles , and in some places , as much in breadth . Now , I leave it to the judgement of any person , if there be not more reason to perswade , that this should be the natural course of these Minerals , where such pregnable instances , to evince it , are found ; then to conclude the contrary from these Coals , the course whereof cannot be followed , because of the invincible impediments , I mentioned before . However , I leave every one to be determined , by his own opinion , and shall be satisfied to injoy my own , till these of more experience convince me of the contrary . There are some other things farder to be remarked about the Dipp , and Rise of Coals , which ( possibly ) every one hath not seen , they being so very rare , and therefore are not fit here to be passed without being considered . One is , of a Coal , which having that contrary Dipp and Rise , ( whereof I have been speaking ) in one of the cropps , hath not come out to the Grass , and terminat ; but after it hath risen a considerable way in its contrary course , in stead of Cropping out , hath taken a Dipp towards the same point , to which it dipped first , and so having dipped to the Center of its course , it hath risen again , and cropped to the contrary point , as is to be seen in this eight Figure . Figure 8. Where A B is the surface of the Earth . The point B is the Cropp of a Coal dipping from N W , to the S E. From C it takes its rise , and course to a contrary Cropp , towards the point F , where the dead Cropp ought to be found . But in stead of going that length , it takes another course from the point E , dipping S E towards D , from which it takes its rise , and continues it to the point A , where it terminats , and where the dead Cropp is found . I grant , that it meets with a trouble , or Gae , at the point E , which seems to be the cause , why its natural course is changed . But it s very extraordinary to see such an effect . But of this afterwards , in its own place . There is yet another thing to be remarked , in the dipps , and risings of Coals , which is this . In the most part of Coals , that have their course from dipp to cropp , without the intervention of a dyke or gae , the declination is straight down , from the horizontal line drawn from the point of the cropp , to the fardest point of the dipp . That is , the Coal declining from that point in a right line , makes with the horizontal line , a right lined angle , angulus rectilineus , though in some the angle is more acute , and in others less , as is to be seen in the first , and second figures , where A B being the horizontal Line , and B the cropp , B C is the body of the Coal declining , which meeting with A B in the point B , constitutes a right lined angle , and where A B C in the second figure , is a greater angle , then A B C in the first . Yet I have seen a Coal , the body whereof from the dipp , or fardest point of declination , had its rise towards the cropp very insensibly , it being Flatt , and then began to be more sensible , till at last coming near to the surface of the Earth , it takes in a sudden such a rise , that from declining one foot of 12 or 14 , it declines now one foot of three , as may be made evident from this following Figure . Figure 9. Where A B is the Line drawn from the extream points of the Cropp , right horizontal . The body of the Coal rising insensibly , is D C. But assoon as it comes to C , it riseth with a great ascent till it Cropp out at A. Here you see , that in stead of one side of a Triangle , which the course of other Coals in their rising , or in their declination makes ; this Coal in rising makes two sides , namely D C , and C A , the Figure D B C A being quadrilateral . The Coal of this course was really wrought , and is yet visible in its waste , where there is found no Gae or Dyke to make this alteration . These are the chief things that I have thought worthy of Observation in the Dipps , and Risings of Coals , and therefore I come now to touch a little the other part of their course , which is commonly termed the Streek of a Coal . To make intelligible to those , who are not experimentally acquainted with Coal , this term , or what the Streek is , we must lay this foundation , that the Coal is a Physical Body , and so hath its three principal dimensions , which do constitute it so , viz , Longitude , Latitude , and ●rofundity . ' Its Latitude , is that part contained between its extream lines , which is measurable by its surface , to which its dipping and rising , though alwayes incident , yet is but accidental . It s Profundity is to be measured by the distance , between the two surfaces , immediately next to it , above and below : which are termed in Coallery its Roof and Pavement , because of the resemblance they have to the Roof , and Pavement of a house . The Longitude is nothing else but what is termed by the Coal-hewers , the Streek . For if you imagine a Line drawn along the extream points of the Rise , or Cropp of the Coal , that is properly the Streek of the Coal . There are but few things to be remarked , as to this part of Coal : only first to find how it lyes , to what points of the Compass it moves . For knowing whereof , there is this general Rule , that , having found your Dipp and Rise , to what ever Points that Course is directed , the Streek is to the quite contrary . For supposing a Coal Dipp S E , the two points , that respect the Dipp and Rise , must be S E , and N W , being the points opposite one to another . Then it must needs follow , that the Streek must run S W , and N E , which two courses divides the Compass , at right Angles . And therefore , where a Coal is found to have contrary Dipps , and Risings , they declining sometimes to all the Points of the Compass ( whereof there hath been given two notable instances before ) it must needs follow , that there be also contrary Streeks , and so the Streek of a Body of Coal is sometimes found to describe a round figure , though not perfectly circular , and somtimes a multangular figure . For it cannot be supposed that the Streek makes alwayes a right Line , between the two points , from which it is reckoned . For example , between the Laird of Preston-grange his house at Preston-pans , and the Stob-hill , there are the Streeks of several Coals , lying one above another , which will be of length , about seven or eight miles , lying near upon S W , and N E ; yet the Cropps of the said Coals ( their dipp , and rise , being N W , and S E ) are sometimes farder advanced towards the S E , sometimes farder back towards the N W , by the difference of a mile , and this generally occasioned by the encounter of a Dyke or Gae , whereof hereafter . The same question , that occurred in the Coals dipping towards a Hill , or rising above ground , comes to be inquired into here ; viz. If a Coal encountering an ascent , or Brae above ground in its Streek , rises also with the ground , and keeps its ascent ? I answer , I have found it so in all the Coals I have ever seen of that nature . GOD in his providence , having so ordered it , that thereby it may be the more useful , in regard more thereof may be wrought by one Level or Aquaeduct , by which the Water is conveyed away , as afterwards will be observed in speaking to Levels . For confirmation whereof , I shall bring instances both of Coals , that declines towards the Hill , and of others that declines with the same dipp , the Hill hath it self . In the Coals of B●nhard , Grange , Kinglassy , and Kinneil , which keep all one general course , the ascent above ground is from the Sea , ( which lyes North ) towards the South , or thereabout ; the Coal dipps or declines towards the N W , and so consequently rises to the S E. The Streek of these Coals , is from the N E to S W , which slops alongs the Hill , and comes up to the top thereof to the Westward of the House of B●nhard . Now , in sinking in that ground , if an equal proportion be kept , in all the Sinks from the Cropp , and a just allowance given for the different Rising above ground , the Sinks will be near of an equal deepness along all the Streek . So that a Sink upon the same Coal near to the Sea , which is the N E point of the Streek , at equal distance from the Cropp , will be as deep as a Sink upon the top of the Hill , being the S W point of the Streek at the same distance from the Cropp , allowing alwayes the different rise above ground , and excepting some particular troubles falling in upon the Metals of one Sink , and not of another , and so making them dipp more , which will occasion a difference of the deepness . The same is also found in the Coals of Dysart , and Weems . As also in that great body of Coal before mentioned , between Preston-grange and Stobhill , the declination whereof is to the N E , which is also the course of the descent above ground . Another instance is from the Coals within the Lordship of Tranent , the dipp whereof is of another course , being contrary to the descent of the Hill , viz. the Coal dipping to the S E , and consequently the Streek running S W , and N E , where the same is to be observed that was seen in the other , anent the equality of the deepness of Sinks along the Streek , with the same allowances , and exceptions before mentioned . Some have been of opinion that Streeks of Coals ly generally South and North , or to some of the points near to these two Cardinal ones , between South and S W , and North and N E , as South and by West , and North and by East , &c. To which general I cannot agree , in regard of what I have before made evidently appear , viz. that some Coals have their croppings towards all the points of the Compass , and the Streeks being regulated by the Cropps , they must necessarily be judged to have their courses proportioned to theirs : so that if a Coal dipp to the true North , and rise to the South , the Streek must be East , and West . However , I acknowledge two things , for confirming that opinion . First , that of all the Coals I ever have seen , where these contrary dipps and risings , could not be traced , and made visible , the Sreek hath inclined to those points of South and North. But I must also confess , that they are but few I have seen , in respect of what I have not seen , and so if any others experience , who have seen more , contradict mine , I shall willingly yeeld , and not be tenacious . Next , in these Coals , which I instanced , that have their Cropp to all the Points , and consequently their Streeks , and in others of the same nature , which I have seen , and not instanced , I found that part of the Streek , which lyes towards these Cardinal points , to be the greatest , being double , or triple to the other Sreeks in length . So that when the Streek , that lyes either along the one Cropp , or the other , towards the S W , and N E , will be seven miles in length , that lying S E , and N W , will be but four , and sometimes less . And this is all the account I can give , of that part of Coal , called the Streek . The second thing I promised to speak of , was of some things , which are but accidental to Coals , and yet so ordinary , that hardly are any found without them in lesser , or greater degree , such are Gae's , and Dykes , which alters their natural course , and they being the occasion of so much Trouble , in the working of Coal , and following its course , the Coal-hewers call them ordinarily by●that name Trouble . This Trouble or Gae then , is a Body of Metal-falling in upon the course of the Coal , or Free-stone , obstructing , or altering their kindly and natural course , keeping no regular course it self , and being of nature alwayes different from the Metal , whose course it interrupts . And these Gae's differ also among themselves , in their nature , and in their course they keep : or more properly in the way wherein they encounter other Metalls , and in their effects . In their nature , for some of them con●ists of an impregnable Whin-Rock , or Flinty-Stone , thorow which it is almost impossible to work : and if there be a necessity to cut them thorow , it is done at a vast expence , and takes a long time , and must be cut open to the surface of the earth , it being impossible to Mine it under ground . Some of them are again of Stone , like a Free-stone , but seems rather an abortive of nature , they having no rule in their course , by which a man can follow them , nor can their stone be useful . In their encountering of Coals , or Free-stone , sometimes they encounter them in the Dip , and sometimes in the Streek , and sometimes between the two . These that are met with in following the Dipp of the Coal , ly along the Streek thereof . For example , if the Coal Dipp S E , the Gae lies N E , and S W. These that are encountered in the Streek , lyes to the Dipp and Rise : so the Coal Streeking N E , and S W , the Gae is found to ly S E , and N W. Others of them , lyes between Streek and Dipp , that is to some point between the two : as the Streek being S W , and N E , and the Dipp and Rise S E , and N W , there may be a Gae found lying W S W , and E N E. Now , when I speak of a Gae's lying to such Points of the Compass , this doth not contradict what was said before , that they had no regular course themselves . My meaning being , that though they have a certain length , lying between two points , and a thickness between two Metalls , yet by the Metal of the Gae it self , it is impossible to know its course , as it is in other Metalls of Coal or Free-stone , whose courses are discernable at the first view . Their effects are different , as their nature and course are different : only they agree in these two generals . First , that all of them renders that part of the Coal , that comes nearest to them , unprofitable and useless , though some less , and some more , they being unfit for burning . And it is remarked , that these Gaes that consists of Whin-rock , renders the Coal next to it , as if it were already burnt , being so dried , that it moulders in handling it . In others , the Coal is not altogether so ill , and yet its nature is altered , from what it is at a distance from the Gae . The next general is , that all of them alters the natural course of the Coal in less or more , some of them making it Dipp much more then its ordinary course , which they call Down-gaes : Some again making their rise much more than their course , which they call Up-gaes . Others making an alteration as to the Streek , causing it go out beyond its ordinary bounds , as we observed before in that great Streek of Coal between Preston-Grange and Stobhill . Now it is to be considered , that when in working of a Coal , whether to the Dipp , or Rise , or Streek , one of these Gaes is encountered with , the Coal is quite cut off , and as it were terminat : so that you see nothing where the Coal should be , but either a Stone , or Clay , or rotten Till , or some such thing . And the practique of Coallery is to trace the course of the Coal through that , till you overtake it in the other side . And before any thing be said to that part , you must notice , that some Gaes are of greater force than others , and their influence upon the course of other Metalls greater , whence you shall see a threefold effect . One is , that by some great Gaes , which a Coal meets with 〈◊〉 is quite cut off , so that in the other side thereof , there 〈◊〉 not a vestige of that Coal , or of any other Metal that wa● above it , or below it , to be seen . And if there be any other Coal , as sometimes there are , they are quite different from them of the other side . I said by some , because there is one instance to the contrary , which is somewhat singular . In the Earl of Winton's ground at Cockeny , there is found a course of Coals and Free-stone , dipping to the S E in the Links ; and upon the full-sea-mark , there is a tract or course of Whin-rocks lying E and W , underneath which these Coals and Stones comes thorow without alteration of course , and are found I within the Sea-mark , with the same Dipp and Rise upon the North side , they had upon the South side of the said Rocks : and yet the Coal is encountered upon the South hand by a Gae under ground , through which it passeth , not without a considerable alteration . The greatest of these Gaes , that I know , is that which takes its beginning , that we see on Land , at the Harbour of the Pans , called Achisons-Haven , which hath been cut by Preston-Grange , for Level to his Coal , and goes from that to Seton , which may be traced above ground , almost the whole way ; and hath been cut at Seton ; for serving the Level of that Coal now wrought at Tranent . From thence it passeth through the fields of Long-Niddry , a place pertaining to the Earl of Winton , and through the Coats , which pertains to the Earl of Hadington , till it joyn with Pancreck-hills , a tract of Rocky Mountains , from whence it is traceable to Linton-bridges , where it is visible in the Water , the Water of Tyn falling over it , and making a Lin , which they call Linton-Lin ; from thence to the East-sea . And it is known by Sea-men , that it keeps a course thorow the Firth from Achisons-haven , ( whence we reckoned its beginning upon Land ) towards the West and N W , it being found to the Southward of Inch-keith , and before Leith , where stands a Beacon , and so can be traced to the North Shore . The second effect of Gaes , is to cut off the Coal quite , as to a part of the field , so that in the other side , having pierced the Gae , you shall not find the Coal , and possibly not within a quarter of a mile of the Gae , which cuts it off , and at that place shall only find the Cropp and the Body Dipping , as it did before it was cut off ; and if you shall measure between that side of the Gae , where you lost your Coal ( I suppose the Coal then being 24 fathom from the Grass ) to the place where the Coal in the other side of the Gae shall be found at the same deepness , it will be near 500 paces . For making this more intelligible , let us suppose a Coal Dipping S E , and in working to the Dipp , there is a Gae encountered with ( This was really done in a piece of ground I know , and so it is no meer supposition ) at which Gae the Coal is cut off ; for finding whereof the Gae is pierced , and nothing found in the other side , viz. in the S E side of the Gae , but at more than 100 paees distant , the Crop of a Coal , which lyes under the Coal , that was lost , was found , after which it was easie to find the other . Now , that it was the same Coal , that was lost , upon the North side of the Gae , is not only evident , by the kind of Coal , and all the Metals above , and below keeping the same course , but by this , that the Gae wearing out towards the West , the two parts of the Coal that was separated by it , joynes themselves again , and continues in one body , as they were before separation . The last effect of the Gae is , that it doth not quite cut off the Coal from the other side of it , but makes an alteration in the course , either in the Dipp , or in the Rise , or Streek , as was before noted : so that in meeting with one of these Gaes , having considered its nature , and pierced it , the Coal will be found in the other side , immediatly touching the Gae , but with an alteration of course . Now , in these two last effects , since the Coal is not totally cut off , it will be worth the inquiry , to find the surest way of recovering the Coal after it is lost . Therefore , where the Coal is not cut off , by a considerable distance , and having pierced the Gae , it is not to be found in the other side , you are to consider well the nature of the Metals you find approach to the Gae , and if they be such , whether Stone , or Coal , as you know to ly under the Coal that you have lost , then you may be sure the Coal is to be found above in its course , which is to be traced by the Dipp of the Metals you find . As sometimes I have seen , when a Coal hath been cut off by a Gae , happly there is another Coal under it 12 fathom , after the Gae hath been pierced , and the lost Coal not coming near to it in the other side , that hath been found there , by which it was certainly concluded , that the uppermost Coal behoved to be there also , though a little back , conform to its course . But , if the Metals or Coals , under the lost Coal , hath not been known , then you are to take notice of the Dipp and Rise of these Metals , you find on the other side of the Gae , which you have pierced , and making that your rule , range back over the Metals , conform to the direction to be given afterwards , and you shall find the Cropp of the Coal you want , and after which you were inquiring . Where the Coal is not quite cut off by the Gae , but hath its course only altered , you are to consider , in searching for it , before you pierce your Gae , that which the Coal-hewers term the Vise , or some of them the Weyse of the Gae , which in effect is nothing else , but a dark vestige of the Dipp or Rise , that the body which now constitutes the Gae , should have had naturally , if it had been perfected ; which when it tends downward , then must the Gae be put over that way , and in the other side shall the Coal be found , and Down , as they term it ; that is , the Dipp which it had naturally , augmented . And , if the Vise be Up , the same way must be taken for piercing the Gae , and the Coal will be found Up , that is , its Rise augmented . But these things cannot be made so intelligible , as by seeing , there being many things in the alteration of the course of Metals very curious , and worthy of Observation : as when a Coal is cast down out of its natural course by a Gae , and so made sometimes under-Level , it riseth as much to another hand , and the Cropps go so much farder out , which still makes the Level useful , the use whereof would have been judged lost by the down-casting . Sometimes a Coal made to have four contrary courses , as is evident from the eighth Figure , where there being a Gae at E , makes it take such another course , in stead of coming out to the grass . Sometimes , before the Metals overtake the Gae , they are made to ly like a Bowe ; one instance whereof is visible above ground in some Metals lying between Bruntiland and Kinghorn , at a place called the Miln-stone , where there is a small Coal with Free-stone above it , all Dipping to the S E , and Rising to the N W. Upon the Rise they meet with a gae , which is a great Whin-rock . In their course to the grass , before they touch the said Rock , they take a contrary course , and dipps into it , and are there quite cut off . The manner whereof is to be seen in this tenth Figure following . Figure 10. Where A B is the Rock : E F the Coal : C D the Free-stone . Now , whereas they should have risen towards A , they turn at D , and dipps into the Rock , which any may observe in passing that way . Many other such motions are observable , which I pass , and leaves them to the observation of the curious . The third thing I promised to speak of , was of Damps , and as they are termed by the Coal-hewers , Ill Air. These do deserve a more accurat inquiry into their kinds , their causes , and effects ; then I am capable to make , there being many things in them very considerable , and worthy of a narrow search : therefore following the course I have hitherto observed , I shall shew my own Observations thereof , and leave the more curious search to the spirits fitted for that purpose . This Damp then makes an obstruction of respiration in Men , or other living Creatures , in Subterraneous spaces , as Caves , Coal-rooms , Levels , Sinks , and such like ; which obstruction proceeds principally from two causes , both which goes under the name of Ill Air , among the vulgar . The first is the corruption , or putrefaction of the Air , whereof there are two sorts ; one is in places where hath been fire kindled , which burns the Coal under ground , the smoke whereof , being full of Sulphur , and other Bituminous matter , and not having free passage to come above ground , filleth all the waste Rooms under ground , and infects the Air so , that the smell of it , even at a distance , is intolerable , and amongst it no living Creature is able to breath . Of this there are examples in Dysert in Fife , and Fauside in East●Lothian . This was kindled on design by a Fellow , who for his pains was hanged in the place , and hath burnt these 50 years , and more , the fire whereof is sometimes seen near the grass , with abundance of smoke , as it runs from one place to another . The second , where the Air is corrupted without the mixture of smoke , or any other gross corrupting body , which is the most considerable of all Damps , and hath the strangest effects , in killing Animals in an instant , and so hath been alwayes most prejudicial in the works , where it is found , many persons having thereby lost their lives , without access to cry but once Gods mercy , to some instances whereof I have been witness . I shall not offer to determine about the cause of this Damp , but shall give an account of somethings I have observed about it , which when duely pondered , may haply lay a foundation , at least of a probable conjecture , whence it may proceed . This kind of Damp then , and Ill Air , is never found in Coal , or other Metals , where there is Water to be found ; I mean , whence the Water hath not been drawn away by a Level , or Aquae-duct : as in Coals , where there is a necessity to lave the Water from place to place , or to pump it along the ascent or rise of the Coal , to the bottom of the Sink , from which it is drawn out above ground , this Ill ●ir is not ●ound . Nor is found frequently , if at all , in these Coals where the Water is drawn from the Coal by a Level , or Aquae-duct under ground , till it come of its own accord to the bottom of a Sink , which is in place of a Cistern , out of which it is forced also above ground , and differs only from the other , that the Water runs here of its own accord by a descent to the Sink , which is termed a drawing Sink : in the other it must be forced by the Rise of the Coal , because happly , a Sink upon the Dipp would be of such a deepness , that no force could draw it up in a perpendicular . But this kind of Damp is found ordinarily in these Coals from which the Water is drawn by a Level , the beginning or mouth whereof is above ground , and carried along by a right Line under ground , till it overtake the Coal , which it is to dry : so that the Water which comes from the Coal , runs without being forced , and is sometimes so considerable , that it makes Mills go , without any other addition , as is to be seen in the Earl of Wintons Lands of Seton , where four Mills goes with the Water that comes from under ground , out of the Coal ; which kind of Levels are only found where the Coal lyes in a Field , which hath a considerable Rise , or ascent above ground ; there being a necessity to make use of the other two wayes spoken of , for drying the Coal , when the Field in which it lyes is a Plain . Further , of these Coals , which are dryed by the Free-level ( for so they term the Level that runs unforced ) there are some to which this kind of Damp is more incident , than to others . The cause of which difference is found to be , the solidity and clossness of the Metals , whether of Coal or Stone , wherein some exceeds another . There being some , that are full of rifts , or empty spaces ( I mean empty of any part of the same body where they are ) which will sometimes serve , to convey a considerable quantity of Water in place of an aquae-duct or level ; which spaces are termed by the vulgar , Cutters , which sometime● proves very profitable in the ground where they are found , both in regard of the use they serve for , in stead of Level , and for rendring the Metals wherein they are found , more easie to work , in making them yeeld easily to the force of the wedge and leaver . Other Metals there are , wherein few of these Cutters are to be found , and if water be to be conveyed through them , there is a necessity of cutting a passage through them for that effect . Now , this Damp , whereof we speak is found most frequently , and most violent in the first sort of Metals , viz. in these which are full of Cutters or Rifts , which gives some ground to this conjecture of its cause . These Spaces which are found in Coal , or other Metals , as Stone or Till , before the Coal begin to be dryed by a Level , are full of water , which is still in motion , as are all subterraneous springs , whereof some are more violent , some more slow , conform to the passage they have to the fountains above ground , where they discharge themselves . Now , for drying these Coals , and rendring them workable , there is a necessity to cut a passage , thorow which that water discharges it self quickly , it being large , and admitting a great quantity at once , by vertue whereof ; a great field is drained at once , and the Sourse not being able to furnish so much water , as the Conduit is able to convey , these Spaces in the body of the Metals , being emptied of Water , must needs be filled with Air , which Air having little contact and commerce , with the great body of Air above ground , and so hath little or ●o motion , corrupts in these places , and thereby becomes poisonable , so that when any Animal is necessitat to draw it , and respire by it , it choaks them on a sudden , just as standing Water , which being without motion corrupts , and becomes poisonable , though haply not in so great a degree as the Air : the Air , being a body much ●iner and purer , than Water , that holding good in it , corruptio optimi pessima . This is much confirmed by what is before asserted , that in the Coals , whence the Water is drawn , and they drained , but not by free-course , but by Force , as Pumping , and drawing by buckets , these Damps are seldom or never found : because the passage of the Water being forced , it does not so suddenly dry the Metals , as the other , whereby there is alwayes left in these Spaces some Water , which being it self in motion , keeps the Air also in motion with it , and thereby the Air is kept from corruption , at least in such a degree , as it is in the other . Hence we find , that in these kinds of Coals , the Rooms under-ground are alwayes wet , or for the most part they are so : whereas in the other , there will be no Water found to wash a mans hands : and sometimes the Coal through want of Water , becomes so dry , that it cannot be wrought in great pieces , as others , but crushes in the very working , and when wrought , is rendered useless , and will not at all burn . This puts me in mind of a very pleasant conception of a worthy and learned Person , Doctor George Hepburn of Monk-ridge , with whom I had occasion one day to discourse on this Subject . He is of opinion that the Water is the Mother of the Coal , whereby it is preserved fresh , and incorrupted , and that when the Water is drawn off , and this Damp follows , it is not the Air , which succeeds in place of the Water , and is corrupted for want of motion , that occasions it . But as we see , when the corruption of a Liquor within a Vessel , when the Mother is gone , corrupts the Vessel it self , and occasions an ill savour or taste in the Vessel ; so that the Coal being corrupted by the want of its Mother , the Water ; corrupts the Air in the subterraneous Spaces , as in Coal-Mines , Sinks , Caves , and other such like . He had likewise another pleasant conception about the generation of Coal , judging it to be formed gradually out of another Metal , as of Till , by the help of Water , of which he himself may perhaps give an account ▪ And though I be not of his opinion in that matter , yet I must acknowledge , I was taken with it , and shall be glad to see a more full account of it from him , than he had access to do in the short conference we had . The effects of this Damp are first , it hinders the burning of all combustible matter , as Candle , Coal , Pitch , Sulphur , &c. so that if you take a Torch lighted , and let it down to a Sink , where the Ill Air is prevalent in the time , it shall straightway extinguish it . Or take a Coal , which is burning , and let it down , it shall not only extinguish the Flame , but shall make the Coal in an instant dead , and as cold as never heat had been in it . But the most dangerous effect is , its killing of living Creatures , whereby many persons have been suddenly killed . Some in going down to a Sink , where it hath been powerful , have fallen out of the Rope , and perished . Others have been choaked , and yet have gotten out by the help of others in a sudden , and have remained a considerable time without the least appearance of life , but yet have at last recovered . Yet it hath been observed , that some of these persons that have been so struck with the Damp , and recovered , have had alwayes some lightness of Brain thereafter , and never so settled as formerly . This I know to have happened to one , whom I have seen so , many times thereafter . What hath been its effects on some Animals , whereof you have made Experiment , I leave to the account you have given . One thing I shall only mention , which to me seems somewhat strange , that notwithstanding these Damps are so effectual , and causeth so suddenly the death of Animals , yet the Ratts , which are in some of these places , where the Damps are most violent , are not reached by them . For sometimes , when they are so powerful , that nothing that lives can enter under ground , without sudden death , yet they continue there , and are not found to diminish , even where they have no access to escape , by coming above ground . Or if it should be imagined , they removed to some other place of the ground , where the Damp is not , how is it , they are not as quickly choaked with it , as Dogs are , and other Animals , which at the first encounter are killed ? If it be inquired , how comes it to pass , that in these Fields of Coals , which are dryed fully ( as was said ) and to which these Damps are incident , because of corrupted Air that remains within the Body of the Coal , or other Metals , how comes it to pass ( I say ) that they are but sometimes incident , and are not alwayes found ? For clearing this , it is certain , that even in the grounds , where these Damps are most frequent , for the reasons above-mentioned , yet they are only powerful when the Wind blows from such a certain Point , as some Chimneys , that do only smoke , when the Wind is in such an Airth . This is so generally , and well known , that the Work-men observe it , and when they find the Wind in such a Point , whence they fear the Damp , they will not enter under ground , till trial be made of the Air , which they do in Sinks , by first letting down a lighted Candle , or some burning Coals : which if they do not burn , then there is no access to enter . Secondly , the wind in which this Ill Air is most noxious , and hurtful , blows from that Point , where the Field of Coal lyes , that 's not yet wrought , which seems somewhat strange , and yet when duely considered , it will appear abundantly consonant to reason . An example of this is to be found in the Coal of Tranent and Elphingston , the Streek whereof goes to the rise of the Hill above ground , from N E to S W , as hath been formerly observed . So that the beginning of their Level , is at the N E point of the Streek , from which the Coal hath been wrought up along the Streek towards the S W , the Wastes lying all towards the N E. Yet when the Wind blows from N E , or N , or almost from any other Point of the Compass , they are not troubled with this Damp. But if it blow from S W , and blow hard , they are in hazard to encounter it . And though the Damp is not alwayes found when that Wind blows ( whereof there may be some particular cause ) yet it is never observed in another Wind , whether it blow less or mo●e : the reason whereof may probably be , that the Wind blowing from other Points , as from N , or N E , hath more access to enter the Wastes under ground , and move the Air that is in them , towards the face of the unwrought Coal , whence is supposed to proceed the corrupted Air , that lurks in the Rifts and Cutters thereof , ( from which the Water is drawn away , ) and occasions the Damp ▪ Now this Air being moved by the force of the Wind , keeps the corrupt Air from coming out , it being stronger then the other . Whereas , upon the contrary , while the Wind blows from S W , it entering the empty Rooms , drives the Air under ground from the face of the unwrought Coal , down towards the old wastes , which have their course from the beginning of the Level . By which means , the Air , that is corrupted within the bowels ( to speak so ) of the Coal , comes out to the Wastes , without resistance , it being certain , that Fluid Bodies , as Water , and Air , inclines to move towards that place , where they meet with the least resistance . Hence is it , that the more direct the Wind be , in blowing against the ●ace of the unwrought Coal , as is the Wind from N E , the Ill Air is the more repelled and driven back , but the more oblique it be , as are the Winds from these Points , that are nearest to S W , the Air is not so good and free : which difference is known by the burning of Candles , they burning with greater difficulty in these Winds , than in others , which blow from these Points nearest to N , and N E. Some are of opinion , this Ill Air ( in those places we have been speaking of ) comes from the great Wastes , that ly above the un-wrought Coal , and by strong S W Winds is driven thorow the Cutters thereof . Or the Wind blowing from that Point , and coming thorow these Cutters , brings the corrupted Air alongs with it , even as , after a showr of Rain , a spait of Water comes , and carries alongs with it , both the foul Water and the clean , it meets with . Though this may be probable , which seems to be your own opinion , yet the other seems to be more probable . The other sort of Damp , is that which they call want of Air ; and though the term be not altogether proper ( there being no space without some Air ) yet there is a want of Air , which is sufficient for respiration of Animals , or for the burning of fire . This is ordinarily ●ound in the vunning of Mines under ground , for co●veying of Water from Coal , or other Metals , or in the waste Roo●s of Coals , where the Sinks are very deep , and to evite the charge thereof , there is some necessity to work as far under ground for winning of Coal , as is possible , without new Sinks . The cause seems to be , that the Air under ground , in such cases , wants communication with the Air above ground , because it is found , that by giving more communication , the evil is cured . Whence comes the necessity of Air-holes in Levels , which are so many Sinks set down , for no other use , but for giving Air to the Workers . Some are of opinion , that this defect might be supplied by the blowing of Bellows , from above ground , through a Stroop of Leather , or of some other thing , which must run along to the end of the Level , for keeping the Air there●in motion . But I have not yet heard , that it hath been made practicable . The effects of this Damp are not so dangerous , as these of the other . 'T is true , it will kill Animals , and extinguish burning Coals and Candles , but not so suddenly as the former ; and so people are not so readily surprized by it . The other seems to kill by some poisonous quality : in this Animals dies for want of sufficient Air for respiration . Therefore in advancing in a Coal Room , or Level where this is , you shall see the flame of the Candle grow less and less by degrees , till at last it be totally extinguished , and the person entering , shall find the difficulty of breathing grow greater , as he advanceth forward , till at last he cannot breath at all . Hence it is , that few or none are killed by this kind of Damp , and all its prejudice is , that it renders the work more chargeable , when there is a necessity to remove it . For that , which they call Wild-fire , it being a thing not incident , but to very few Coals , is less known , than any of the rest of the accidents that follows Coals . The account I have heard of it , is , that in some Coals , which naturally are full of Oil , and that are ( as they call them ) fatt Coals , there is a certain Fire , which is as a Meteor , and I judge , that from its resemblance to Ignis fat●●s , which the Vulgar termeth Wild fire , it hath the sa●e name . It seems to be composed of some fatt oily vapour , that goeth out of the Coal , the Pores thereof being once opened , which is kindled after the same manner , as those fires above ground are , which are most ordinarily found in fatt , and marrish ground . Of this fire it is reported , that in the day time , while the Work men , are working in the Coal-roomes , it comes to no height , though it be sometimes seen in little holes of the Coal-wall , shining like kindled sulphure , but without force : but when the Work-men are once removed , and have stayed out all night , it gathers to such a strength , that at its first encountering with fire , which the Coal-hewers are necessitate to have , by taking in of light , it breaks out with such a violence , that it kills any person , it finds in its way . The reason , why it is without this force , while the Workmen are in the place , seems to be this , that they working with such violence , and motion as they do , do certainly move the Air considerably , it being contained in so narrow a place , as a Coal-room . And this Air being violented by motion , moves that oily vapour , whereof the fire is formed , so that it gets not liberty to unit it self , being dissipated by the motion of the Air. But so soon , as the Air is still , and quiet , after the Work-men are gone home , it units it self , and gathers force , and therefore , so soon , as it meets with fire , which is more forcible , than the flame that is kindled in it , it rarifieth ; the sulphurious parts being kindled , and forceth it self out , as powder out of a Gun. For it hath been observed , that if any person stay in the Coal-sink while it breaks within the Coal-room , they are in danger of being killed . The ordinary way by which the hurt of it is prevented , is by a person that enters , before the Work-men , who being covered with wet●sack-cloath , when he comes near the Coal-wall , where the Fire is feared , he creepeth on his belly , with a long Poll before him , with a lighted candle on the end thereof , with whose flame the Wild-fire meeting , breaketh with violence , and running alongs the roof , goeth out with a noise , at the mouth of the Sink , the person that gave fire , having escaped , by creeping on the ground , and keeping his face close to it , till it be over-passed , which is in a moment . The place , where this was most known , was in a Coal be-west Leith , in a piece of Land called Werdy , which for want of Level , and the violence of that Fire , the Owners were forced to abandon . I come now to the last part , which I promised to speak of , namely of the best way for trying of grounds , to find Coal , where never any hath hitherto been discovered , and of carrying on of Levels , for draining the Water of Coals and making it workable . As to the first part , there are but three wayes . First by sinking , which is most chargeable , in regard , that in such grounds , where the Metals are all intire ▪ Water abounds , and this doth not only bring the Master under a necessity of great expence for drawing the Water , but also rendereth it impossible to get sinked to any deepness , which may suffice , for giving an account of all the Metals to be found , within the field , that may be rendred workable . There was a second way invented to supply this defect , which is by boaring , with an instrument made of several Rods of Iron , which boareth thorow the Metals , and tryes them . This way in my opinion , is worse then the former . For first , if the Coal ly deep , in the place where you try by boaring , it becomes almost as tedious , and expensive , as sinking , the drawing of the ●odes , consuming so much time , in regard it must be frequently done . Next , in boaring , suppose the nature of the Metals , be found , yet thereby their course can never be known , till they be sinked , which is one of the things most considerable in the search of a Coal , because thereby is known , whether it be workable , with advantage or not , and whether it be possible to draw Water from it by a Level , or otherwise . Lastly , this way leaves the Master at an uncertainty ( notwithstanding the Coal had been found ) of its goodness , as to its nature , and as to its thickness . As to its goodness , because all that is found of the Coal , by this boaring instrument , is some small dr●ss , which remains after the washing of the thing that 's brought up in the wumble , by which none can judge of its goodness , or badness . As to its thickness , because it is impossible to discern exactly , when the boaring-instrument hath passed the Coal : all the rule for trying thereof , being the kind of Metal that is brought up in the wumble . Now , I have known in my experience a Coal boared , which the Boarer by that rule hath judged four foot in thickness , yet when it came to be sinked , hath not proven one . The reason whereof , is obvious , because the boaring-irons , being long , and weighty in lifting them up , and down , they break the Coal , already pierced ; and this falling down among the Metals , they are piercing , and being found in the wumble with them ( especially when the Metal under the Coal , is a black Till ) gives ground to imagine , that all that time , they have been peircing a Coal , and so consequently , the Coal must be of such a thickness . The last , and best way of trial , is that which is termed an ranging over the Metals . For doing whereof , this method , is to be observed . Suppose there be any place within the ground to be searched , where the course of Metals can be seen , as in the banks of a River , or Rivolet , or Sea-banks , when the place is near the Sea , then consideration must be had how far the lowest of these Metals , can go before they Crop out to the Grass , which will be known by observing the Dipp or declination of the Metals , and the Rise of the ground above , whereof a just allowance must be given , and having digged before the said Crop , you shall certainly find , the Metal , that is next under it , and if that prove not Coal , keeping the former proportion , you must advance , and digg before its Crop , and so shall you find , the next Metal under it , and so still , till you have tried your ground , and found the Crops of all your Metals within it . But if there be no Water-banks , or such like , to give you the first view , of the course of your Metals , then must you sink first at random , and having once past the Clay , you will readily overtake some Metals , whereby you will know the course of the rest , and having once found the Dipp and Rise , you must follow the method of ranging already prescribed , except the ground so to be tried , contains not within it self the Crops of the Metals , the body whereof lies in it , whether of Coal , or Stone , in that case , there is no way to try , but by sinking , or boaring . The way of ranging is conspicuous in the following figure . Figure 11. The piece of ground to be tried , is P N , where there are several Seams of Metals , that Cropps out at the Points K L M N. Suppose the lowest to be the Coal , viz. I N , for which you are to make trial . You Digg first at K , without the Cropp of the Seam F K , and you dig till you find the other Seam of Stone G L , at the Point C. Following the Rule before given , you advance before its cropp , and diggs at L , and finds the other Seam of Stone H M , at the point D : from which you also advance , and diggs before its cropp , at the point M , and finds your Coal at the point E. But , if by advancing over the cropps of these Metals , which comes out from under one another , you find no Coal ; then you are to range backward , for the cropps of Metals lying above these , where haply the Coal may be , as at O , and P. This in my opinion , is the most certain and exact way of trying Fields for Coal , or any other Metal of that nature , and least chargeable of all others . The second of this last part , I promised to speak of , was in order to Levels , or Coal-Mines , which are nothing else , but Conduits or Gutters made under ground , for conveying of the Water from the Coal , and so rendering it workable . It seems that a very little time before this , that way of Mineing under ground hath not been fallen upon . For there are to be found Coals wasted in their Cropps only ; for conveying the Water whereof , they have made a Conduit , or Level , which hath been open to the Surface , like a great Ditch , some whereof have been ten or twelve fathom in their deepness . The beginning of the Level ( to keep the term used ) must alwayes be at the lowest part of the Field , where the Coal lyes to be dryed . Some whereof , by the rising of the ground , and the Streek of the Coal rising that way ( as we shew before ) gives the advantage of a Free Level , that is , when the Water comes above ground of its own accord , without being forced by drawing . In others , there is a necessity of Engines to draw the Water from the lowest part of the Level , and bring it above ground ; which Engines are of several sorts . As when men drew with ordinary Buckets , or when there is a horse-work , or water-work , and that either by a Chain with Plates , and a Pump , or with a Chain and Buckets ; all which are very common , especially those we have in Scotland , they being capable to draw but a very small draught , making only use of one Sink for that effect . But there are to be seen in the North of England , in Bishoprick , Water-works , by which Water is drawn above 40 fathom in perpendicular , but not all in one Sink . The manner whereof is thus , there being a Sink from the end of their Level , to the surface of the earth , where their Works are going , 40 fathom deep , which must dry the Coal-Sinks at 60 or 70 , which ly above the Banks of the River , where the Water-works are scituated , there is first one 40 fathom deep from the Grass . Another in a right Line from that , of 24. Another of 12 ; upon all which there are Water-works . In the first Sink the Water is drawn from the bottom 12 fathom , and thence conveyed into a Level or Mine , which carries it away to the second Sink . By the second ●ork , the Water is drawn out of the second Sink 14 fathom , from the bottom , and set in by a Level to the third Sink , which being only 12 fathom deep , the Water-work sets it above ground . The form of the Engine is after this manner . In the first Sink there is an Outter-wheel moved , as other Milns are , by the Water of the River : upon the end of the Axle-tree of which Wheel , there is a Ragg-wheel , turning vertically , as doth the Outer-wheel ▪ This Ragg-wheel by a Nutt , or Trinle turns another , which moves horizontally , the Axle-tree whereof goes right down in the Sink , and may be is 8 or 10 fathom ; at the end whereof there is another Ragg , which by a Nutt turns another Wheel , which goes vertically as the first Ragg , and causeth another Wheel with a long Axle-tree turn as the first , and so down till it come to the Wheel , which turns the Axle-tree , by which the Chain is drawn . The second Sink , hath such another Engine , but not so many Wheels , in regard it is not so deep . The third , hath only one single Wheel , whereby the Water is drawn above ground . The most curious of these Engines , that are to be seen , are at Ravensworth near to Newcastle , which belongs to Sir Thomas Liddel , a most ingenious Gentleman , who , for procuring a Fall of Water , which may serve the Wheels of all the three Sinks , hath erected the first work upon Pillars like a Wind-Mill , pretty high above ground , from which the Water falling , makes the second go closs above ground . And to make the Water fall to the third , the whole Wheel is made go within the surface of the ground , which terminats at a River under the Works , which Mine is of a considerable length . Where Water cannot be had to make such Works go , they use Horse-works , but not w●th so good success , being more chargeable , and not having so much force and power , as the Water-works . But I am of opinion , that Wind-works might serve well , where Water cannot be had ; and when no Wind should happen to blow , the same Works might be supplied by Horse : and that the Wind , when it blows but ordinarily , hath as much force , as so much Water , which is made use of for turning such Wheels , is to me unquestionable . For I have seen in Holland , a Wind-Mill , that by the motion of the Outter-wheel , caused seven pair of Mill-stones to go at once , besides another motion for bringing the Victual from the ground , four or five Stories high , to be Grund . And several Saw-Mills , which besides six or seven great Saws , they caused go , did by another motion bring up from the Water great Trees like Ship-Masts , to be fawen , and placed them right against the Saw ; all which could not be but of greater weight , than 10 or 12 fathom of Chain with Buckets , or Plates for drawing of Water . But to return , for the right making of a Level , the true hight of the ground , where the Coal lyes must be first taken , that it may be known , how much of the field can be drained by it ; which must be done , either with a Quadrant , or with an Instrument made express . Then care must be taken , to take the lowest part for the mouth of the Level , that the field can afford , and from that it must be carried in a straight line towards that part of the field , where the Coal is thought to be encountered by the Mine . In working whereof , two things are in a special manner to be reguarded . First , that the Level be wrought without ascent , or descent : the best way for trying this , being by the surface of the Water passing through it , which ought to be as little moving , as can be : for the loss of one foot of Level , which the ground gives , is a loss of a considerab●e parcel of Coal to be digged , especially if it be flate . It there occur any Metals , which are impregnable , in the course of the Level , so that it is impossible , to follow so straight a line , in regard the Mine must be wrought over the top of that stone , which is unworkable , in that case , there is but one of two to serve the loss of Level ; either the Coal rises i● Streek towards which the Mine is carried , and if that be , then after that stone is past , the Level must be carried , as low , as it was before it encountered the same , and the course of the Water shall not be obstructed , because the sourse , viz. the Coal from whence the Water comes , rising higher than the Stone , the Water shall easily pass over that hight . Hence it is , that we see in some Coals , that have been wrought , at the lowest point of their Streek by a drawing-sink , and the Streek rising from that point , the Water that hath come off the Coal , being in its Sourse higher , than the mouth of that drawing-sink , hath mad● it to over-run , and serve to discharge all the Water , that comes therefrom . But , if the Mine be run to a Coal , that after it hath overtaken it , rises no higher in Streek , than the Mine it self , the Water that comes from it , will not pass over any hight in its way , but will be unquestionably stopped . Therefore , in case such an impediment could not be removed , as many times such Metals will fall in , which are unworkable in a direct line , the use of a Siph●n might be tried , which would unquestionably supply the loss of about 32 foot of Level , this being the hight in Perpendicular , to which the Pressure of the Air , is able to raise Water up thorow a Siphon . The next thing to be observed in carrying on of Levels , are the Air-holes , for which there is a necessity indispensable . In setting down whereof , care must be had , that they be not directly upon the Mine , lest rubbish falling thorow from above ground , should stop , and obstruct the same , and so obstruct the course of the Water ; and therefore it 's better they be set down at a side , their only use being to communicate fresh Air to the Work-men , which if it could be otherwise supplied ( as I think it not utterly impossible ) would render the charge of the Coal-works a great deal more easy . Other things might be spoken to of Levels , as that some run with the course of Metals , they pass thorow ; and that some run against that course ; and of bringing Level from the Dip of an upper-Coal , which hath a Level of its own , to dry a Coal lying under it , which cannot be otherwise done . But these things being common and obvious to any , who have but the smallest skill and experience , I shall forbear . This confused account , your importunity hath drawen from me , for which if your Book suffer censure , which I grant it may do , as to this part of it , you are to blame your self , and so I rest and am , &c. FINIS . POSTSCRIPT . Reader , THat thou mayest know the rise , and occasion of this Postscript , which I have subjoyned , I shall give thee this short account . When this Book was first committed to the Press , I sent an intimation thereof to several persons , whom I judged would encourage it , yet to none , but to such , in whose kindness I had confidence , and whom I judged my real friends . Among others , I sent over to Saint Andrews one of my Edicts , to one or two there , in whom I trusted , but in stead of a kindly return from them , to whom I had written most affectionatly , they wrot back a Letter , wherein they superciliously condemn the purposes of this Book , before ever they had seen them , which is as follows . Sir , I Received yours on Saturday last , and having occasion the same night to be in company with many of the Masters of the University , I made known your resolution to them , shewing them your Edict , and desiring their Contributions : some were not pleased , that ye call the Doctrine concerning the weight and pressure of the Water in its own Element , new , seing Archimedes hath affirmed , and demonstrated in his Books de infidentibus humido the same Geometrically 2000 years ago ; others affirmed that it was so far from being new , that they would undertake to demonstrat the event of any of all your Experiments à priore from Archimedes his grounds , yea , in general of any Hydrostatical Experiment , seing they look upon it , as a Science long ago perfected . Some said , as to Diving , that they imagined any method better then that of Melgims , which is now v●lgar , to be impossible . As to the Observation of the Sun , or Moons motion in a second of time , yea , or much less , it can be done most exactly by a Telescope , and a Pendulum , but serves to no purpose , seing that same motion can be had infinitly more exact by preportion , from observations of a considerable interval ; for so the Astronomers collect all the mi●dle motions of the Planets . As for the Observations of Coal-sinks , latitude of Edinburgh , and its variation of the Needle , they may assuredly increase the Historical part of Learning : yet many of the Masters here imagine themselves concerned in credit not to promote the publication of any thing , which seemeth to declare our Nation ignorant ( by calling them new , and unheard of ) of these things known over all the World these many years among really Learned Men , albeit they be debated amongst ridiculous Monkish Philosophers . I conceive , ye would do best to undeceive this University , by sending us some of your most abstruse Theorems , and surprizing Experiments ; which if they be not evidently and clearly deduceable from Archimedes , or Stevinus , who did write long ago , or rather , if they be not the same with theirs : ye may assure your self that this University will take away at least all the obligations ye have sent here ; otherwayes , I am afraid , I shall not be able to prevail with them . I hope ye will pardon this my freedom I use with you , and return an answer with the first occasion , to St. Andrews , Decemb . 27 , 1671. Sir , Your most humble Servant . After the receit of this , being unwilling to make it a ground of debate , I returned a most discreet answer , thinking to conquer their humour with civility , and kindness , but not long after , hearing of their clamour against the Intimation , and of their disswading others , who would willingly ( I suppose ) have condescended , I was necessitated to send this return , for a joynt answer to them both , for besides this , another of the same kind came also , of which hereafter . Sir , I Received yours , of the Date of December 27. 167● . and though it was a little unpleasant , yet I took it very kindly from 〈…〉 from a person I judged ingenuous , as my return of January 9. 1672. 〈◊〉 witness , wherein I did not in the least resent any thing you wrot ; neither would I ever have done , if you , and some others especially with you , had not proclaimed publickly , what you and they had written to me privatly , the noise whereof , I have heard here , by several persons who came from the place . Therefore , Sir , you must pardon me , if now at last , after so much silence , I return you this answer , for no other end , but for my own vindication , in what I have lately Printed , and am about to Print . I am very much then surprized with the answer , that● you and they have returned , such a rank smell of preju●i●e and envy , I find in it . I am rewarded evil for good ; for I minded nothing but good-will ; else , you and they should never have been troubled with my proposal . If they had affected the reputation of Learning , there was another way to it , then the course they have taken ; namely to condemn with such a deal of superciliousness , as derogatory to the credit of the Nation , forsooth , the labours of one , that hath done mor● for the credit thereof , then they have done as yet . They might have minded the saying of the grave Historian , Nam famam atque gloriam , Bonus atque ignavus aeque sibi exoptant : ille verâ viâ n●titur , huic , quia Bonae ●tt●s desunt ; dolis atque fallaciis contendit . And for undeceiving of the University , as I am very far from counting such persons the University , so have I more respect for it , and all Learned Persons in it , then to account their deed , the deed of the University . As for what they can do ; for promitting the work I have now at the Press , I value it not at the rate of shewing them so much as one of my The●rems : for , if they have ●narled so much , 〈◊〉 but at one word , in the intimation of the work ; what would they do , if they had more of it ? which yet must stand firm , unless they ( for 't is a matter of fact , and cannot be contradicted with Sophistry and Non-sense ) overthrow it , which I little fear , as Cicero did Verres , Tab●l●s & Testibus ad singula indicia prolatis . Neither will their imagination do it , for that cannot make factum infectum . It seemeth to be a great weight , that they lay upon the force of their imagination , since they are so confident , as to say , they imagine any method of Diving better then that of Melgims , to be impossible , adeo familiare est hominibus supra vires humanas credere , quicquid supra illorum captum sit . As for these others , that would demonstrat à priori , the event of all my Experiments from the grounds of Archimedes , as I doubt not , but they would , if they could , so in this they bewray their want of skill : for Archimedes wanted a necessary requisite , which I go upon for my deductions . And though it were true ( which they say ) that all my Theorems were demonstrable à priori from the grounds of Archimedes , yet this doth not hinder them to be both new , and un-heard-of , as if new , and un-heard-of conclusions , might not be deduced from old principles . In this they are so much the better , and not the worse . And whereas they say , they look upon the Hydrostaticks , as a Science long since perfected , in this they do yet more discover their weakness : for what one Science hath yet come to its perfection ? Nay , hath not this Pedantick humour been the great bane of good Learning , that Sciences were already perfected ? So that Se●eca said truly , Puto multos pervenire potuisse ad sapientiam , nisi putassent se pervenisse . As for the representing of the Sun or Moons motion to the eye ( ●or that should surely hav● been taken in ) that you say , serveth to no purpose , to me is a little uncouth , considering how much it conduceth to the accuracy of Astronomical Observations , beyond what the former Ages could attain to . And whereas you say , it can be had infinitly more exactly by Observations of a considerable interval , as Astronomers collect all the middle motions of the Planets , but I say , even those intervals should have been far better known , if they had by this mean , and the Oscillatory Clock been observed ; so whatever arguing by the rule of proportion , may do for shewing the Suns motion in seconds , and thirds , it reacheth not these accuracies , that are reached by this inv●ntion , so long as the Sense cannot deprehend , and six them . As for the Observations of Coal-sinks , &c. which you say , may assuredly increase the Historical part of Learning ; are they not for this the more useful , since the Scientifical part of Learning dependeth so much on the Historical part , and which conduceth more thereto , then all the precario●s principles of Cartesius , Epicurus , and the like ; who in stead of giving us an account of the World that God made , have given us imaginary ones of their own making : so that such a History , as Natural Philosophy requires , is wisely accounted among the desiderata in Learning by all sound Philosophers to this day . So much in answer to yours , and I rest Edinburgh , Feb. 22. 1672. Your Servant . IN answer to this last , there came to my hands from St. Andrews a Letter unsubscribed by any Master , full of barbarous railings , passing all bounds of civility , against my self , friends , and works , which , if the Contrivers had not been more gall'd with reason , then injuries , I suppose they would have forborn . And thinking this not sufficient , they would needs aggravate the wrong , by one circumstance more , which they either did out of disdain , or fear , not daring to own what they had contrived , in making the Bedale of the University subscribe it . And to give a further proof of their insatiable malice , they must needs distribute copies thereof , as glorying in their shame , one whereof was sent over to Edinburgh unsubscribed also . Now , let any indifferent person judge , whether or not , I have not reason to do what I have done . They have been the first proclaimers , though in a clandestine way , and why not I next , in this way . But lest , they think , they have marred as much the tranquillity of my mind therewith , as they have their own . I shall answer in the words of the Moralist , Eleganter Demetrius noster solet dicere , eodem loco sibi esse voces imperitorum , qu●ventre redditos crepitus . Quid enim inquit , mea refert , sursu● isti , five deorsum sonent . And let this stand , for the railing par● of the letter . But first , whereas he should have spoken to the contents of thi● Book , he falleth foul upon my last Peice , intituled , Ars nova , & magna , gravitatis , & levitatis , snarling eight or nine times , at th● bare title , like a C●r at the horse heels , when he cannot reach th● rider . This lay not in his way , doing herein like Vejento the blin● Courtier of Domitian , who , when he should have turned his face to the right hand , where the Sturgeon lay , turned it to the left . — Nam plurima dixit In laevam conversus : at illi dextra jacebat Bellu● . So that concerning all these invectives , I may say , sed quid ha● ad Rhombum . But what other can be expected , ubi furor arma ministrat . But seing his Letter shews , how sick he is of the plague of malice , and envy , I am so far from storming at him , that I pit● him , though he may be a Master , and teacher of others , and wish him to teach himself . — Servitium acre Te nihil impellit ? nec quicquam extrinsecus intrat Quod nervos agitet ? Sed si intus & jecore agro Nafcantur domini , quî tu impunitior exis Atque hic , quem ad strigiles scutica & metus egit herilis . That I do not interpret this ( Reader ) excuse me , for I am speaking ( I suppose ) to a Master of an University , and a gentleman too , of very high pretences , as to learning . And yet I cannot but think strange of two things . F●rst , that he returneth not the least Latine sentence in answer to mine , no not so much as pertinent language in his Mother-tongue . What ? An Universityman , and no return in Latine to these sayings , of so grave Authors , or at least in pertinent English. The other , that he no more understands , these words , as Cicero did Verres , tabulis & testibus ad singula indicia prolatis , than the Curat did the Modicum bonum that he was desired to prepare for the Bishops dinner . For , whereas he saith , as for your Latine sentences , where ar our doli , and fallaciae , tabulae & testes , sapientia ad quam putamus nos pervenisse . To pass the first and last question , of which anone , the second was most ●mproper for him to ask at me , who did put him to it , to overthrow the title of my Experiments , to wit New , not by Sophitry , and Non-sense , but as Cicero did Verres , tabulis & testibus , ●y proof and Witnesses ; this he should not have asked , but an●wered . I am confident a Boy in the second Class , could better ●ave understood these words , than this man. And for the first ●uestion , where are our doli , and fallaciae ? Why should he ask it , seing the design of his Letter may be evidently seen , to put Royal Societies , and Universities between him and me , in the front , whom I have not made my party , but to whom I owe all due respect ; and such a poor pitiful fellow as the Bedale in the Re●r , in causing him subscribe his letter thus , March 14. 1672. Mr. Patrick Mathers , Arch-bedale to the University of St. Andrews . Is not this to do , as the Butcher did , who sought his knife , when it was sticking in his teeth . If the University ordered this subscription , it would have been said , at the command of the University . If not , it cannot be purged from a false insinuation : and the University may justly resent it , that their publick servant , hath been so abused . If the fear of a counterblow hath made him afraid , to put his hand to it , he hath done as the Ape did , that thrust the Cats foot into the fire , because he durst not do it himself , and given a palpable discovery of the diffidence he had of his cause . If he hath done it , to put indignity on his adversary , he hath missed his mark , for as a certain Writer saith well , Infamy is as it is received . If thou be Mud-wall it will stick : if Marble it will rebound : if thou storm at it , it is thine : if thou despise it ( as I do this ) it is his . But besides this , he endeavoureth to put Mr. Iames Gregory between him and me also , and bringeth him in speaking of my writings , with such a deal of disdain and sauciness , ut nihil supra . What ? was Mr. Iames Gregory such an eminent person , that he could not speak his thoughts himself , but needeth you Sir , for a Proxy , and Chancellour to speak for him . If Mr. Iames Gregory will speak to me , what you have spoken in his name , he shall have an answer ▪ But I have no mind to gratify so far your doli , and fallacia , as to fall on any man upon your word , having so little confidence of your common honesty . This were perversam gratiam gratificari . Wherefore passing his impertinent railings , I come to answer , what he hath returned to my purposes in my last . And that he may get no wrong , I shall set down the very words of his Letter , viz ; 〈◊〉 to what you write concerning the imperfections of Sciences : the Scientifical pairt of Geographie is so perfected , that there is nothing required for the projection , description , and situation of a place , which cannot be done , and demonstrat . The truth is they have overshot themselves in this , though they be ashamed to acknowledge so much ; for what a pitiful shift is it , to bring Geography for an instance of a perfected Science , when so much of the Earth remains to this day unknown altogether , as the Universal Mapps testify . Of the known parts , how little is there to this day sufficiently described by the exactest Mapps , that time , and labours of men have yet produced . And now to retort your own question upon your self , ubi est sapientia ad quam putatis vos pervenisse ? O but saith the Author , it is perfected as to its scientifical part . But I pray you Sir , what is this , though you may be a teacher of Logick of no small esteem with your self , and disdain of others , but to play the Sophister , by the Fallacy , à dicto secundum quid , ad dictum simpliciter : Geography is perfected as to its scientifical part , therefore it may be called a perfected Science , when it is so defective as to the Historical part . If Astronomy to this day be a Science not perfected , through want of its Historical part , shall not Geography be so likewise . But furder Sir , for the Scientif●cal part of Geography , which you alledge to be perfected , in this also you argue against the rules of Logick , in committing that same Fallacy over again , for giving and not granting what you say , that the Scientifical part of Geography were perfected , as to the projection , description , and situation of a place , is it for this perfected as to the Scientifical part simpliciter , which you are obliged to prove , else you say nothing to the purpose . And what I pray you , is that poor alleadgence you make , in comparison of these things , wherein Geography is defective , even as to the Scientifical part ? Who hath spoken yet sufficiently to the surface , and hight of the Sea above the Earth , the hight of the Hills , and Mountains , Longitude of places , nay the circumference of the Earth it self ? Answer this question , if you can , Hast thou perceived the breadth of the earth , declare if thou knowest it all ? Job . 38. 18. And now Sir , I must put you to it again , ubi est sapientia ad quam putatis vos perverisse . His next answer runneth thus , The Scientifical part of the Opticks is so perfected , that nothing can be required for the perfection of the sight , which is not demonstrat , albeit mens hands cannot reach it . And these being the objects , of the foresaid Sciences ( you should Sir , have said , the whole objects of the foresaid Sciences , else you still play the Sophister ) your authority shall not perswade him , or us , that it is altogether improper to call them perfect . But mark Reader , how the force of reason maketh these Authors to succumb● for whereas they should have said , that it is not improper to call them perfect , they qualify it thus , it is not altogether improper . And again , your authority shall not perswade us , that it is altogether improper . But ( my Masters ) I do not crave that my authority may perswade you , but reason . Wherefore to return : the Scientifical part of the Opticks ( say they ) is so perfected , that nothing can be required for the perfection of the sight , which is not demonstrat , albeit mens hands cannot reach it . But where Sir , and by what person is this done ? Shew me the man , ( if you can ) that hath done it . But though all this were true , were therefore , either the Opticks , Dioptricks , or Catoptricks perfected Sciences ? Who hath yet sufficiently explained the manner how we see , far less how Birds , and Fishes , Beasts , and Insects see ? How the Eagle mounting aloft spyeth her prey from a far . Who hath spoken sufficiently to the nature of colours ? For these also belong to the Opticks , or of light , and of the infraction , and refraction thereof . The learned Lord Verulam was not of your mind Sir , when he wrot thus , De forma lucis , quod non debita 〈◊〉 facta fuerit inquisitio ( praeserti●● cum in Perspectivâ strenuè elabor●nt homines ) stupenda quaedam negligentia censeri possit . Etenim , nec in perspectivâ , nec aliàs , aliquid de luce , quod valeat , inquisitum est . If Mr. Newton has been of this Authors mind , he should not have attempted the late invention of his Span-long Dioptrical-catoptrical Prospect , whereby Iupiter his Satellites , and Venus horned are to be seen . And if Mr. Hook , had been of his mind , he should not have made his late Proposal of Telescopes , Microscopes , Scotoscopes , by figures as easily made , as those that are plain and spherical , whereby the light , and Magnitude of Objects , may be prodigio●sly increased , and whatsoever else hath hitherto been attempted , or almost desired in Dioptricks , may be accomplished . Where observe ( Reader ) how that ingenuous person , is so far from the windy language of this Author , that he doth not say , whatsoever can be required for the perfection of sight is demonstrat , or any thing like it , but whatsoever hath been hitherto attempted , or almost desired . For who can tell , what shall be found out hereafter , even in these things . To them we may borrow the words of the Poet , Prudens futuri temporis exitum Caliginosâ nocte premit Deus . So , Sir , I still put you to that question , Ubi est sapientia ad quam put at is vos pervenisse ? In the next place he falleth upon the Hydrostaticks , which formerly he looked upon as a Science perfected long ago . But because in his answer , he in effect yeelds the cause , I pursue him no further . Habemus confitentem reum , while he expresly grants , there are many things yet ( saith he ) relating to the proportion and acceleration of the motion of Fluids , which are yet unknown . As for his reflections upon what I have written in my Ars Nova , concerning a perpetual motion , which I never intended to demonstrat , I leave them as indicia agri & impotent is animi . I proceed to answer him i● what he addeth thus . Only we cannot but admire your simplicity in this , Astronomy seeketh alwayes to have the greatest intervalls betwix observations , and ye take that ye will give an excelle●t way for observing the Sun or Moons motion for a second of time , that is to say , as if it wer a great matter , that there is but a second of 〈◊〉 betwix your observations . I wonder yow say the eye shuld be added , for the invention had been much greater had that been away . But what is this Sir , but still to play the Sophister ? Is not this the S●phism , ab ignor atione Elenchi ? for it doth not contradict my conclusion , which is , that Astronomical Observations , by this mean , and the Oscillatory Clock , may be made to a second of time , which is of so great importance in Astronomy . But mark the Non-sense ( Reader ) the invention ( saith he ) had been much greater , if the eye had been away : that is , the invention of this Observation had been much greater , if the eye , that is , the Observation had been away . In this they have outshot themselves also ; and what they spoke unadvisedly before , they will now speak deliberatly , and defend it rather by Sophistry and Non-sense , then yeeld to the truth . Has toties optata exegit gloria P●ena● . The Author addeth , None will denay but tha● an g●id history of nature is absolutelie the most necessary requisite thing for learning , yet it is not like , that yow are fit for that purpose , who so fermelie beleeves the myrakles of the Vest , as to put them in Pre●t , and recordeth the semple Meridian Altitudes of Comets , and that only to halfs of degrees , or little maire , as worthy noticing . If it were needful , I could produce the passages of some of the most Learned Writers , of these last times , that have recorded the like . Were they therefore unfit to write History ? A person of this Authors reading and learning , will soon find them out . If he do it not , let him know , that I keep them for a reserve . To speak nothing of Aristotle , who wrot a Book 〈◊〉 〈◊〉 〈◊〉 〈◊〉 〈◊〉 , extant to this day : was he therefore unfit to write his Natural Histories ? Prodigious relations , when the memory of them may be found credible , and maintainable , such as mine are , ought not to be excluded from a Natural History , or else the Learned Lord Verulam is much mistaken in the third Aphorism of his preparatory to Natural and Experimental History : Nor had he reason to carp at my Observations of the Comets , as long as he made none himself . But they will speak for themselves to any that read them . Neither need they him for a Common Cryer , either to commend them , or discommend them ; who , when I was at these Observations , he possibly hath not been so well exercised . He sub●oyneth , However if yow do this last part concerning Col●inks weill , and all the rest be but an Ars Magna & Nova : ye may come to gaine the repute of being more fit to be as Collie● , than a Skollar . I must tell this Pedant , that a Coal-hewer is a more useful person in his own station , to the Countrey , than he is ; and that the Science of Coal , and other Minerals , is far beyond any knowledge this man hath , or can teach . But , my Lords and Gentlemen , who are Coal-Masters , mark this : if ye stand to the judgement of this Pedant , though ye had never so much skill in these things , ye may come to gain the repute of being more fit to be Coal-hewers , than Schollars ; as if the knowledge of such things were not a part of Natural Philosophy . It seems he hath either forgotten the common definition , or else hath never known it , that Physica est Scientia Co●poris Naturalis . He sub●oyneth , Ye might have let alane the precarious principles , and imaginary Worlds of Descartes , till yowr new inventions had made them so : for it man be telled yow Descartes , valued the History of Nature , as much as any experimental Philosopher ever did , and perfected it more with judicious Experiments , than ye would do by all appearance in ten ages . But I pray you , Sir , did Des-cartes , and Epicurus , and the like , found their Philosophy on Natural History , and not rather upon their own precarious principles : and therefore have quite missed the mark , and method , that was requisite for the advancement of Learning , and have been so far from grasping Nature , that it hath flowen out from among their hands . As for what he talketh of Des-cartes , perfecting Natural History by Experiments , if he had done it , as the Poet saith in another sense , Non mihi res , sed me rebus componere conor . he had done right . But when he took pains on these ; to force them to a compliance with his own fancies , was not this to study Natural History , as Hereticks do the Scripture , and to be a Fanatick Philosopher , and a fit Master for the like of you . The Proteus of Nature , must be bound with stronger Chains , then the fantastick Nugae of Des-cartes , before he will tell his secrets . The vanity of whose method may be seen in the Epicureans , who having laid down this precarious principle , that the sense cannot erre , do turn themselves into so many shapes , to prove that the Sun is no bigger than a blew Bonnet . In end , after he hath given a Fling at my labours in Glasgow Colledge , about Universale , and Ens rationis , which I am not afraid he shall come the length of in haste , for ought I can learn , he falleth foul upon the two Lines I cited out of Iuvenal , in the close of my answer to a passage in a Philosophical Transaction : the Lines are . — C●jus sapientia m●nstra● Summos posse viros , magnaque exempla dat●ros Vervecum in patriâ crassoque sub aëre nasci . Of these Lines , he writeth thus , Of which ( saith he ) the sense is not understood● except ye make your self the summus vir , and us all Verveces . I suppose this may be the great credit , that ye say , ye have laboured to gain to your Nation , viz. to get us all the honourable Title of Weathers . But ( Reader ) had these Learned Clerks been as skilful in Rhetorical Composition , and Resolution , as in Algebraical , they would not have made such an Inference : for the Argument is à minori ad majus . Nor was it ever intended for another end . As for the honourable Title of Wedders , which they alledge I have gained to them , I cannot indeed affirm it ; for if I should , some surely would judge me to have wronged them as much in this , as I have done them right all alongs . But , that thou mayest know ( Reader ) something more of the temper of those persons I have to do with in this matter , take but the following words of one of them , as they are transcribed out of a Letter written with his own hand to me , after I had written to him a friendly Letter for obtaining the concurrance of his acquaintance for advancing my Book , And they promise ( to wit the Masters promise ) ye shall not want their concurrence , whereof ye may be sure , especially having here your friend Mr. Gregory , your Cousin , and me here to put them in mind . This is all at present , from , Sir , your real friend and servant . Now , what shall be thought of one , who will speak so fair to your face , and yet cut you with so many invectives behind backs , let any man judge . Astutam vapido servat sub pectore vulpem — Hic niger est , hunctu Romane caveto . But to give a further discovery of him , in the year 1661 , a certain ingenious Gentleman , that had not been bred a Schollar , by his own industry advanced so far in the Mathematicks , that he was able to set forth an Almanack , for which , ingenuous and ingenious men should have commended him . But this Author , with another , though he had never injured them , and without advertisement , fell upon him like a couple of Mastives , upon a harmless Passenger , as if they would have worried him in his reputation , in a Pr●gnostication they set forth , rateing and abusing him out of measure : all the cause being some alledged mistakes , they thought they found in some of his calculations , and in a Table in the end of the Almanack , which he calleth perpetual , and which they say , though falsly , that it will not hold . What had that righteous man deserved at their hands , to be so abused in Print by them ? But that the desig● is palpable , the raising of reputation to themselves , upon the ruine of the names of others ? And yet one of them many years after , was necessitat , for fear of bodily harm , to crave him pardon , with humble offer to his knee . In the Prognostication , he would needs play the Poet in his Chronology , which the person whom he wronged , might have found more fault with , with better reason , than he could do with him , for his Calculations . What a stranger he is to the more polished part of Learning , for all his high pretences , these Verses will abundantly testify , some whereof follow , that thou mayest know the rest , Tanquam ex ungue leonem . Since that the Iulian period first●began . Since that of nought the Lord created man. He should have said , Since that of dust the Lord created man. He addeth , Since Israel from Egypt Land did flee . Since in Canaan , he made Hams sons to die . Since Romulus did build his stately Roma . Since Nabonassar , hence is that ancient ara . Since Gregory helped the Calendar forlorn , &c. Mark Reader : these Verses are of five feet , at least they should be so : but how far he is from observing the Precept of that great Master of Poets , Primum ne medio , medium ne discrepet imo . Will appear from his close , Since fair Lucina fulfilled the Golden Number . Since glistering Phoebus augmented Sundays Letter . Euge Poeta . It may be he will say , every man is not born to be a Poet. I answer , If the Gentleman , whom he reviled , failed in a calculation , he ought to have been born with , and encouraged : for there are many things that even a mediocrity is commendable in ; but Poesie is none of these . — Mediocribus esse Poetis Non Dii , non homines , non concessere Columnae . However , for this , he may assure himself , that Perque Po●tarum n●nquam celebrabere fastos . But I leave him to the S●ty●ists of the time , Quo illustrius vapulet , for his never being seen farder in Print , than by a railing Almanack , and ridiculous Verses , the better whereof , might have been made by the Laird of Dysert . 'T is like this Antagonist , will set his Plumbeous Cerebrosity a work to rifle some of my Writings , and shake his head , when he is put to a demur , as ever a man did a bottle for Sack ; but though he should , and I have nothing of his , but an old Prognostication of the Year , 1661 , to ripe up , yet who knowes , but I may meet with some of his Bajan-notes , or some of his wonders about Ens Rationis , and Genus Logicae , that he is now sweating at . I am indeed at some disadvantage , while he only letteth a flisk at me , from under deck . Though I have been a little s●ell in this reply , yet 't is no wonder , considering what a barbarous , and uncivil Pisle I met with , which I shall keep for a reserve . I desire to live peaceably with all men . Neither shall I be soon provocked , so long as they keep within the bounds of civility . If that be observed , I shall thank them , for any mistake they shall let me see in my writings , if done with reason , and without railing . FINIS .