Jºš *PHE jº NEWCASTLE FREEMAN’s *PoCKET COMPANION A COPIO US VIEW QF THIE (CHAIRTIERS .gºero ºb the *rº Awu cºwrr of THE Town q; N E W CASTLE UPON TYN E. INCLUDING A PARTICULAR ACCOUNT OF THE Cuatomſø and #3ribiitgtg PECULIAR TO THE FREE BURGESSES OF THE SAID Town. -º-º-º- By A BURGESS, & 2.74 GATES HEAD : PrinTED AND SOLD BY + MARSHALL; And may be had of the principal Bookſellers in Newcaſtle and the neighbouring Towns. 1808. h s § - * i. - ... * - herº cº-K. º #. yº -- ** * *- 'sº %-2-4-2- * * * & $, - : s wº * - .* -: - - Kr - tº, A & *& :: * ~ tº y, jºy e. <-f a .2/*Y. 7-12 * 4; - - , ºx- ºr , • -. xx & sº * * * ..ºrg. . * - * , * * , * * * , §: * - - s.5%. - ** ** *.. 3. Š-, * .-- * 3: **.* - +. ... * - * * 3. ! .º.º." wa-64'- cº-3 % ºw.8 s , ** **. &^ ***, 3-2. $ºas-4. * ** ~~ * - $ 3-4 z- TG + 4 $, 3 Ö - - THE FREE AND INDEPENDENT BURGESSES of NewcASTLE UPON TYNE. GENTLEMAN, º: . . It would be difficult to enumerate the advantages reſulting from the labours of thoſe perſons, who, from the works of differentºuthors, have compriſed into a finall compaſ àe eſſence of many large and unwieldy volumes ; as it muftbe confº/ed, that many important and uſeful ſub- jeds are hereby brought to light, which would otherwiſe have been conſigned to oblivion, or known only to the learned. In like manneº, it has been my endeavour to render the preſent work uſeful and entertaining. I have conſidered that I am addreſſing a people, the majority of whom, from their neceſſary and uſeful employments in life, are not enabled to dedicate much of their time to the inveſtigation of perplexed and abſtruſ ſubjeńs. I ſhall therefore think myſelf happy, if, through this medium, I can afford you any aſſiſtance. And it is my ſincere-deſire, that the ſubječis here ſtated may merit and obtain your particular attention, and be produćlive ºf good, not only toššu, as Burgeſſes, in particular, but to the Public at large. . * - - Without troubling you further with an Apology for the undertaking, and relying on your candour, I would ſubſcribe Gentlemon, tº With great ºfteen, - New --> | * • fºur devoted Newgate Street, And obedient Servant, * 1997. . . , , , Joseph Clark. /w 2-rººrº Z, º/. § Introductory Observations. -º- IT has long been a ſubject of regret, that the far greater part of the Burgeſſes of Newcaſtle are very im- perfectly acquainted with the nature and extent of thoſe rights and privileges which have from time to time been conferred, by royal munificerº, and ſecured to them by various Charters, Grants, &c. , * : It muſt indeed be confeſſed, that the general ſtate of moſt of the Corporations of this kingdom is neceſſarily fuch, that very few of the Members can be ſuppoſed to. underſtand the Charter from which they derive their authority. They do not therefore regulate their condućt by conſulting it, as occaſion may demand, but enquire how their predeceſſors ačted in ſimilar caſes; on the preſumption, very generally admitted, that the prese- dent on which their procedure was founded, was like- wiſe juſtified by ſome former precedent; and that the feries of precedents was ſo carried up to the firſt inſtitu- tion of the Corporation, when the Charter-muſt be ſup- poſed to have been critically explºited and accurately. underſtood. .** Thus, in many Corporations, the knowledge of their own privileges is merely tradition 13 examples ſupply the place of rule, and the Charter, however carefully preſerved, is ſeldom conſulted,—becauſe it is not accept- able, or it is not underſtood. Therefore it ought to be remembered, in favour of ſome who may havé departed from the original intention of their Charter, that theſe deviations are, for the greateſt part, rather errors than V. crimes; that they are more often the effects of real and unavoidable ignorance, than of deſign, and that they have therefore a natural claim to pardon and indulgence. For tradition, where it is confined to a ſmall number, and depends on the memory or integrity of a few indivi- duals, may be very eaſily changed, and inſenſible devia- tions from the Charter be multiplied, by degrees, till a very great change ſhall be made in the ſtate of the Cor- poration, who may yet think they are a&ting by virtue of the Grant which their predeceſſors received. There is another conſideration, which may render the knowledge of original Charters neceſſary, in order to their being re-conſidered; which, in our opinion, is of great importance, and which our experience has ſhewn to be by no means chimerical. It is not unlikely that many Charters- are diſregarded, becauſe they cannot poſſibly be obſerved. Whenever this is the caſe, that a Charter is found imperfeót; or when the ſtate of the place is altered, through the increaſe or diminution of inhabit- ants, the flučtuations of trade, improvement of manu- factures, or the attainment of ſome new advantages to the town, a new grant ſhould be ſolicited from the ſame power which beſtowed the former, upon ſuch an enlarg- ed and equitable conſtruction as would ſecure the advan- tage of thoſe whoſe benefit was intended by it. No par- ticular community ſhould preſume to beſtow privileges upon themſelves, or explain the Grants of the Crown. according to their own preſent convenience or accidental caprice: all evils ſhould be redreſſed by proper authority, and new Charters granted where the old cannot be ob- ſerved. On the other hand, for any to aſſert that a Charter is. never broken, but for the general advantage of thoſe to. whom it was granted, is, in my opinion, to affert, not 3. VI only without proof, but againſt experience. Charters are often broken, in ſtruggles of party, only to obtain a tem- porary ſuperiority. They are broken ſometimes by the wealthy and powerful, for more deteſtable and infamous purpoſes, for the ſake of engroſſing authority and of op- preſſing thoſe who ſhall murmur at their adminiſtration. They are broken ſometimes for the ſake of diverting pub- lic charities to private uſes; ſometimes to aggrandiſe particular families; and ſometimes indeed, which is more caſily to be excuſed, by mere negligence or ignorance. When Charters are broken, it is certainly with ſome view of advantage; but it does not follow, that the ad- vantage which tempted to it was general. It is, I am afraid, more frequently to be found, that by the viola- tions of Charters as by the corruptions of a government, the many are injured for the gain of the few ; and práčtices contrary to the original inſtitution of Corpora- tions, are continued, by the ſame arts and weakneſſes as all the other oppreſſions of tyrannical governments. The advantage of oppreſſion is immediate, certain, and great; it is confined to a few, who are therefore eaſily united, from a ſenſe of common intereſt or common danger.— The advantage of reſiſtance is diſtant and uncertain, and perhaps, to each individual, not worth the danger of a conteſt; in which, ſhould he be deſerted by his aſſociates, or overcome by artifice or ſtrength, he muſt expect to be purſued with the utmoſt rage of vengeance. Many other reaſons might be aſſigned why thoſe who are diſſatisfied with ſuch illegal proceedings do not reſiſt. Let us but conſider the expence of ſolicitation, the labour of attend. ance, the virulence of party, the danger of diſappoint- ment —and we need no longer wonder, that violations. of rights are ſo long endured. CONTENTS. -mºnº- Pages Introductory Obſervations * * #º & sº tºº º 4. Origin of Charters - wº sº cº tº *ºn * > tº 9. Charters granted to Newcaſtle - ſº gº tº gº - 10 1162. King Henry II. - tº gº gº tº tº * - tº 1212. King John sº ſº tº tºº sº tº º * *. 1217. do, do. - tºº gº º gº tº º tº tº- - 1 1 1234. King Henry IIL confirms former Charters * -º - I 2 1238. do. do. grants the right of digging Coals, &c. — 1246. do, do. extends the above privilege - gº ºsmºs- ..I 251, do. do. conſtitutes Newcaſtle a Mayor town tº-º-º-º: 1253. do, do. grants the liberty of chu:ing Coroners — 1282. King Edward I. gives right to ſend two Members of Parliament dº tº a º - 13 1990. do. do. giants money to build the town wall 1 5 1294. do. do. conſirms former Charters &= * * sº 1299. do. do. makes Newcaſtle & Pampedon one town — 1818. King Edward II. grants exemption from all tolls - – 1856. King Edward III, confirms the full right of the Moor, in digging coals, ſtones, &c. &º I 4 1878. King Richard II. confirms the above privilege - tº-º-º: 1391. do. do. grants the honour of a ſword tº sº. 1400. King Henry IV. confirms former Charters, and makes Newcaſtle a county of itſelf, &c. *ma 1441–4. King Henry VI. confirms and extends their privileges 16 1483. King Richard III, confirms all former Charters 17 1485. King Henry VII, confirms all former rights, &c. * 1490. do. do. grants St. Luke's fair tº mº smººga 1510. King Henry VIII. confirms all former Charters, &c. tº-º-º- 1548. King Edward VI. annexes the Ballaſt Shores and Byker * to Newcaſtle sº 3 º º-e tº º ºs 1554. Queen Mary grants a Charter of inſpeximus, &c. tºº smººs 1560. Queen Elizabeth confirms divers grants, &c. _- 1S 1587. do, do. grants a Charter to Hoaſtmen - * Appoints an admiralty court every Monday ſº ę * tº 2O- 1599. The great Charter of Elizabeth - - - - 22 V111 1604. King James's emendatory Charter *- - - a’ Privileges—The Town Moor º te e gº Nuns’ Moor ge e º º º ſº Trial reſpecting the Town Moor, in I773, &c. © A&t of Parliament relating to the Town Moor e Important hints relating to the Town Moor, &c. . Leazes, with the rules and articles for the Herds . Manner of electing the Mayor, &c. * * - Time of holding the election - - - - Election of a Sheriſſ, Chamberlains, &c. - -> I)uration of the office of an Elector * - Duration of the office of an Alderman - - Perſons admitted to office without election – - Fines impoſed for refuſing the office of Mayor - do. for the office of Sheriff sº - * - ‘I ime limited for filling up vacancies — - - The Mayor to have the caſting vote - º In caſe of the demiſe of the Mayor, the ſenior Alderman to ſupply his place * - In caſe of the demiſe of the Sheriſſ, the ſenior Sheriff to ſupply his place — * wº- - - - Who conſtitute the Common Council, with their oath Power of ,' e Common Council - - Power of the Mayor and Burgeſſes in Guild * Manner of electing on failure of Electors attending Page. 34 $5 38 39 40 41 49 Power of the Mayor to disfranchiſe for neglect of duty 51 Auditors, by whom appointed - - - Salary of Auditors, their oath and duty - Mayor, Recorder, and Aldermen, Juſtices for gaol deliveries— Who are to be admitted Hoaſtmen, and the fee to be paid 54 The liberties of the town confirmed – * - Freemen's Hoſpital º e º e Propoſed cxtenſion of do. . º * * Free Grammar School •. º º o Propoſed improvement of do. e º © Various privileges of Freemen o -> e Propoſed publication º o ſº & º Cuſtoms of the town, in 1342 e º g º Court of Guild e © e º tº tº Auditors, &c. º o º º o º Origin of Burgeſſes & e º º o Franchiſes of Newcaſtle º a & º © Form of a Freeman's oath . º º e º Expences of Admiſſion o ſº º º * Incorporated Coupanies . . , - e & tº- Aét againſt Exactions on Apprentices & & º Liſt of incorporated Companies © º g tº . 55 57 58 59 61 73 75 SO 84 * S5 86 * 88 9I 94. 97. 98 IOO . *I‘HE NEWCASTLE FREEMAN’S POCKET COMPANION. -*-O-m- CHARTERS. HARTER, (Charta) in law, fignifies a written inſtiu- ment or evidence of things ačted between one perſon and another, under the ſeal of a Prince, Lord, Church, Chap- ter, or Community. The ſubječt of our preſent enquiry is confined to CHART- ERs of Com MUNITY. Theſe were certain privileges, firſt obtained by violence or purchaſe and afterwards freely be- ſtowed by Emperors, Kings, and Barons; whereby the in- habitants of towns and cities were enfranchiſed, all marks of ſervitude aboliſhed, and theſe cities and towns were formed into Corporations and Bodies Politic, to be governed by a Council and Magiſtrates of their own appointment. The firſt perſon who conferred theſe privileges was Lewis the Groſs, in France, about the beginning of the twelfth cen- tury; and his example was ſoon very generally followed. Theſe Charters convey a very ſtriking repreſentation of the wretched condition of cities and towns previous to the inſtitution of Communities, when they were ſubjećt to the Judges appointed by the ſuperior Lords of whom they held, and had ſcarcely any other law but their will. Each conceſſion in theſe Charters muſt be confidered as a grant of ſome new privilege, which the people did not formerly enjoy, and each regulation as a method of redreſſing ſome grievance under which they formerly laboured. The Charters of Communities contain likewiſe the firſt expedi- ents employed for the introdućtion of equal laws and regu- lar governments. A IG) NEWCASTLE CHARTERS. Excluſive Charters to incorporated bodies of ſubjects have been granted by the Kings of England from a very remote period, and particularly to the townſmen of New- caſtle upon Tyme. " The firſt hint we have of any grant of this nature, is in the reign of HeNRY II. who A. D. 1162, confirmed to the townſmen of Newcaſtle their eſtates, and exempted them from tolls and duties. It is a miſtake, therefore, in ſome who ſay the town had no privileges till the reign of KING Jo HN. And beſides, in the .# year of that i. above ten years before he granted them a Charter, the town had great privileges: For the men of Newcaſtle upon Tyne (as mentioned in that year in the great roll of Northumberland) paid 100 marks and two palfreys; ſo having the town (as is there ſaid) by the old farm of fifty pounds and ten ſhil- lings increaſe, for confirmation of their liberties, which they had by the Charter of Henry the King's father. But the moſt explicit Charter was that which was granted by KING John, A. D. 1213, confirming to the Burgeſſes their rights and privileges, conſerred upon them both by his father Henry II. and by himſelf. The following is an abſtraćt of that Charter.— KING John, by his letters patents, dated in the 14th. year of his reign, and in the year of our Lord 1212, grant- ed, demiſed, and confirmed to the honeſt men of Newcaſtle upon Tyne, and to their heirs, his town of Newcaſtle upon Tyne, with all appurtenances, to fee-farm, for one hundred pounds, to be rendered to the ſaid King and his heirs, at his IZxchequer, (to wit) at the feaſt of #. fifty pounds, and at the feaſt of St. Michael other fifty pounds; ſaving to the ſaid King, the rents, prizes, and affizes in the port of the ſaid towit. Further he grants to them, and confirmeth one hundred and ten ſhillings and fixpence 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 11 made under the caſtle towards the river or water, ſo that thereof they might have the more that left the more, and they that loſt the leſs ſhould have the leſs. He alſo grant- ed to them, for him and his heirs, that in nothing they ſhould be anſwerable to the fieriff of Northumberland, nor to the conſtable of the caſtle, 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, yearly to be paid, as is aforeſaid, well, and in peace, freely, quietly, and entirely, with all liberties and free cuſtoms, which they were wont to have in the time of King Henry II. father of the ſaid King John, as by the ſaid letters patents appeareth. * KING John, by a Charter dated at Durham, January 28th. 1217, granted and confirmed, for their faithful ſer- vices, to his Burgeſſes of Newcaſtle upon Tyne, and to their heirs for ever, the privilege that none of them ſhould be diſtrained out of that town for the payment of any debt for which he was not chief debtor or ſurety—that mone of them ſhould be tried by duel—that they ſhould be al- lowed to traverſe in pleas of the crown, according to the ancient cuſtom of the city of Wincheſter—that none of them ſhould be judged of miſericordia money,” but according to the old law of Wincheſter—that they ſhould hold juſtly their lands, tenures, recognizances and debts, from whom- ſoever owing—that their lands and tenures within that town ſhould be held rightly to them according to the cuſ- tom of Wincheſter, and that pleas ſhould be held in New- caſtle, concerning debts and recognizances lent and made there. The King farther granted, for the improvement of the town, that all the Burgeſſes ſhould be exempt from the payment of yereſgyne and ſcotalet—that no ſheriff or bailiff ſhould make any ſcotale in that place—that thoſe cuſtoms which had been unjuſtly levied in the time of war, ſhould be altogether annulled—that every perſon, from...whatever place, whether foreigners or others, that reſorted to New- caſtle upon Tyne with merchandiſe, ſhould be permitted * An arbitrary fine or puniſhment. t A bribe or reward to the King's or other officers, for connivance. A 2 I 2 to ſtay there, and depart from thence in the King’s peace, after payment of ſuch eſtabliſhed cuſtoms as had become due. This Charter confirmed alſo all other liberties and free cuſtoms, granted before by the King's anceſtors. KING John alſo granted a yearly fair to the Burge ſſes of Newcaſtle upon Tyne, to laſt for two days, that is, the vigil and day of St. Peter, ad vincula, commonly called Lam- mas-day. KING HENRY III. being earneſtly ſupplicated by the good men of Newcaſtle, to confirm King John’s Charter, which was done upon the 2d day of July, in the year of our Lord 1234. KING Henry III. by his letters patents, under the great ſeal of England, dated at Weſtminſter the firſt day of De- cember, in the three and twentieth year of his reign, upon he good men of Newcaſtle's fupplication, 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 call- ed Caſtle-Field; and from thenee to draw and convert them unto their own profit, in aid of their ſaid fee-farm rent of 100l. per annum, and the ſame as often as it ſhould ſeem good unto them; the ſame to endure during his pleaſure : which ſaid letters patents were granted upon payment of twenty ſhillings into the hamper. KING HENRY III. was petitioned again by the ſame honeſt men, for ſo they were called by #. John’s Char- ters (probi homines) That his Majeſty would be graciouſly pleaſed to give them all the ſtone and coals in a place call- ed the Frith, adjoining to the former, the better to enable them to pay their fee-farm rent; which alſo was granted on the 11th. of May, in the 31ſt. year of his reign, upon paying forty ſhillings per annum into the hamper. By a Charter, dated 1251, KING Henry III. made it a Mayor Town, being governed before by four bailiffs. The above King, by his Charter, dated Oétober 18th, 1253, granted for ever to the Burgeſſes of Newcaſtle upon Tyne, the liberty of chufing Coroners, who were to be ſworn in full court in that town, and to be proper perſons for ſo important an office. 13 Prynne, ſpeaking of reſtraining biſhops by writs from citing perſons out of the counties or corporations wherein they lived, though within their dioceſes, for fornication and . adultery, inſtances in a prohibition iſſued by King Henry III. in the year 1260, to the Biſhop of Durham, forbidfing liim or his officers to cite the Burgeſſes of Newcaſtle upon Tyne on ſuch occaſions out of their own borough. KING EDw ARD I. in the tenth year of his reign, 1282, direéted a writ of ſummons to Newcaſtle, to ſend two-mem- bers to parliament: which is the earlieſt record we have of boroughs ſending any ; or indeed of the Commons fitting, except thoſe ſummoned under Montfort's uſurpation, in the ..name of the King’s father, King Henry III. King Edward I, in the 19th year of his reign, was fupplicated 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; which was granted accordingly. Dec. 8: 1294, King Edward I. granted an exemplifi- cation and confirmation of the Charters granted to the town in the 18th and 36th years of the reign of Henry III. . In a Charter, dated at York, Dec. 20, 1299, this King alſo granted to the Burgeſſes and good men of Newcaſtle, the town of Pampedon, that it and Newcaſtle might ever after become one town, KING EDw ARD II. by a Charter, dated at York, Nov. 12, 1818, confirmed the former one of the 19th year of the reign of King John, with all its cuſtoms, ..". ing the non-uſe of them... He granted alſo, that the Bur- geſſes of Newcaſtle ſhould be free of toll, murage, and pan- nage, for all their merchandiſes, as well in the cinque-ports as in every other ſea port of his dominions. That they ſhould have trials amongſt themſelves-by their fellow Bur- geſſes, unleſs in matters that concerned the King, or the community of the town—that none ſhould take lodging, or be quartered within the walls of that town by affize, or livery of the marſhal, againſt the will of the Burgeſſes, un- leſs when the King ſhould be there, on the coming of his army, or of ſoldiers ſent to thoſe parts, or of the juſtices iting- rant to the Common Pleas of the county of Northumber. A 3 14 f land, when, by the King’s marſhal, or the marſhal of the armies or juſtices, and under the inſpection of the Mayor and Bailiffs, inns were to be provided for the free quarter- ing of thoſe perſons to whom ſuch allowance was due.— By this Charter alſo, the King extended the duration of the fair at Lammas, granted by %. John for two days only, to twenty-eight days, if ſuch increaſe of duration ſhould not be found prejudicial to the neighbouring fairs. KING EDwARD III. by his letters patents, dated at Weſtminſter, the 10th, day of May, in the 31ſt. year of his reign, confirms all former Charters, with an ad- dition of his own, that he, for himſelf and his heirs, grant- ed, demiſed, and confirmed unto his honeſt men of the town of the Newcaſtle upon Tyne, his town of New- caſtle, (before called Monkcheſter) with all its appurtenan- ces, for a hundred pounds per ann. 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 moor and lands called Caſtle-Fields, and Caſtle-moor, on the North-ſide of the ſaid town of Newcaſ. tle, from a certain place called Ingler Diké, &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 New- caſtle, beſònging to the ſame beyond memory; with all pro- fits coming of the ſaid lands, moor, and ſoil, as by au.in- quiſition thereof taken, and returned into the chancery ap- peareth, And albeit the ſaid Burgeſſes and their predeceſſ. ors, from the time they have had the ſaid town to farm, they have held the ſaid moor and land, as though it were apper- taining to the ſaid town, and have always hitherto peaceably and quietly had and reaped all the profits coming off the ſaid moor and lands, yet the ſaid Burgeſſes, 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 impo- veriſhed and deſtitute of men, that the profits of the ſaid town 15 ſufficed not for the payment of the ſaid farm, the ſaid Kin being willing to provide for their indemnity in that j 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 the ſaid Burgeſſes, and their heirs, in the ſaid moor and lands may dig, and may have coal, ſlate, and ſtone there; and from thence may draw them, and may make their profit of the ſaid coals, ſlate, 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 patents (made by the King him- ſelf, and his council, and by the fine of forty ſhillings paid into the hamper) more at large appeareth, Mr. Gardiner ſays, “This is the firſt claim the ſaid “Burgeſſes lay to the Caſtle-Moor, which affords paſture “for all their kine, and coals for all their fuel.” We are not, however, informed at what period the Burgeſſes relin- quiſhed the important privilege of digging coals, &c. It would give us pleaſure to ſee it reſumed. |KING Rich ARD II. by his Charter, dated the ninth day of April, in the firſt year of his reign, 1378, eonfirms aſ the former Charters, and grants to the town of Newcaſtle the ſame privilege as granted before, in digging of coals, flate, and ſtone, in Caſtle Field and Caſtle Moor, for the town’s beſt advantage. , This King, by his letters patents, dated January 25, 1391, granted to William Biſhopdale, then Mayor of Newcaſtle upon Tyne, and to all his ſucceſſors in that office, to have a ſword borne before them, in honour of the town. * April 17, 1400, KING Henry IV. confirmed all the former grants and cuſtoms that had been made to the Bur- geſſes of Newcaſtle upon Tyne, notwithſtanding their non- uſe of them. - © King Henry IV. by a Charter, dated May 23, 1400, granted, that Newcaſtle upon Tyne, with the ſuburbs and precinéts thereof, according to the ancient limits then be- § 16 longing to the county of Northumberland, ſhould be ſepara- ted from thence, and be a county of itſelf, with the title of The County of the Town of Newcaſtle upon Tyne; and that the Burgeſſes thereof, inſtead of Bailiffs, as formerly, ſhould have a Sheriff, to be choſen annually, by twenty-four of the moſt reputable of that number : this Sheriff, ſo choſen, to . be ſworn before the Mayor of the town for the time being, have his name ſent up every year to chancery, and be an- fwerable to the Exchequer for the annual profits of his office: to have the ſame power as other Sheriffs of counties, with the privilege of holding a county court on one Wedneſday in every month; and to reckon before the Barons of the Exchequer, by his ſufficient attorneys deputed for that purpoſe by letters patents under, the common ſeal of that town—that none of the Burgeſſes ſhould plead or be impleaded without that town concerning any tenements or tenures within the ſame, its ſuburbs, or the precinót thereof, or concerning any offences, or other matters ariſing there, but that the Mayor and Sheriff ſhould have cogni- zance of all pleas in the Guild Hall of the town. That the ſaid Burgeſſes and their heirs ſhould be exempt from ſerving on juries without the town; that they ſhould have power to chuſe ſix Aldermen, who, with the Mayor, ſhould be Juſtices of the Peace, and that the Mayor and Sheriffſhould continue to hold the annual courts heretofore held by the Mayor and Bailiffs. * Auguſt 16, 1403, the King granted to the Mayor and Burgeſſes of Newcaſtle upon Tyne, all fines, redemptions, amerciaments, iſſues, and forfeitures, and other profits in all pleas whereof cognizance had before been granted to the ſaid Mayor and Burgeſſes, for the ſupport, emendation, and reparation of the walls and bridge of that town. King HENRY VI. in the year 1423, made a grant to the Mayor and Burgeſſes of Newcaſtle upon Tyne, of certain cuſtoms to be taken of every ſhip in the port of that town. In the year 1441 the King granted a confirmation of the Charters and liberties of the town of Newcaſtle upon Tyne. July 11th, 1444, the ſaid King granted to the Mayor and Burgeſſes of Newcaſtle upon Tyne, and their heirs; that that town ſhould be free from the juriſdićtion of the conſtable, 17 marſhal, and admiral of England, and from that of the warden of the marches; and that all proceſſes ſhould be ſerved there by their own officers. In the year 1483 KING Rich ARD III. granted a confirm- ation of former Charters to the Burgeſſes of Newcaſtle, their heirs and ſucceſſors. In the year 1485 KING HENRY VII. granted alſo a con- firmation of their liberties to the Burgeſſes of that town. A. D. 1490, the ſaid King made a grant of the fair call- ed St. Luke’s fair, to the town of Newcaſtle upon Tyne. Wedneſday the 4th. of Jan. 25. Henry VII. Inquiſition taken by virtue of a commiſſion from our Lord the King, upon the oaths of ſeveral old men in the town, who ſaid, upon their oaths, that the liberties of the town, upon the water, extended from Sparhawk in the ſea, to a place call- ed Hadwyn Streams. * - May 6, 1510, KING Henry VIII. granted an exempli- fication of divers Charters to the town of Newcaſtle upon Tyne. A decree of the 30th of this King's reign relates only to the election of the Mayor and other officers; which being better defined in the 42d. of Elizabeth, and in King James’s Charter, we refer the reader thereto. April 10, 1548, KING EDw ARD VI. granted a Charter of exemplification and confirmation of divers former Char- ters to the town of Newcaſtle upon Tyne. In the third year of the reign of King Edward VI. there was a private ačt of parliament to annex the ballaſt-ſhores, and part of Byker, to the town and county of Newcaſtle upon Tyne.—Brand. June 20, 1554, QUEEN MARY granted a Charter of In- fpexinus, and confirmation of former Charters to the Burgeſſes of Newcaſtle upon Tyne. In the 3d. and 4th. years of the reign of Philip and TMary, there was a grant of divers liberties and privileges 18 to the Mayor and Aldermen of Newcaſtle upon Tyne; as alſo of fundry liberties to the Mayor and Burgeſſes of that town. May 13, 1561, QUEEN ELIZABETH made an exemplifi- cation and confirmation of divers grants to the Burgeſſes of Newcaſtle upon Tyne. Auguſt 16, 1575, William Flower, Eſq. morroy king of arms, granted the addition of an helmet, creſt, and ſuppor- ters, to the ancient arms of Newcaſtle upon Tyne. No motto occurs in this grant. King Charles was at New- caſtle in 1646, and perhaps, for the very gallant defence of that town in his ſervice, may then have granted to it the motto now uſed—“Portiter defendit triumphans.” 13th of May, 3 Eliz. By this Charter the town of New- caſtle is confirmed to be a county of itſelf; and confirms the Charters of 1 Hem. IV. and that the Sheriff has a power to hold a county court in Newcaſtle, on Wedneſday in every month; and has the ſame power and jurſdićtion in the town and liberties, as other Sheriffs have in other counties : and he is to account yearly to the Barons of the Exchequer, by a ſufficient Attorney, deputed by letters patent under the ſeal of the town, of all things relating to the office of Sheriff. The Mayor and §. court, and the Admi- ralty court, are granted by this Charter. *. Queen Elizabeth, by a Charter granted in the 24th. year of her reign, requires the great arrear of two-pence per chaldron, which was granted to King Henry V. as cuſtom by the Parliament, as appears by that ſtatute, chap- ter the tenth, ninth year, which was negle&ted to be paid unto the crown, by the Mayor and Burgeſſes, for many years together, inſomuch as they were not able to pay the ſame, but humbly beſeeched thoſe arrears might be forgiven, by reaſon of their inability: and to grant them a Charter to incorporate a new fraternity or brotherhood, to be called Free Hoaſtmen, 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 19 chalder exported from thenceforth to the free people of this nation. Which was granted upon condition that they ſhould ſell all coals to maſters of ſhips, &e. QUEEN Eliz ABETH, by her letters patents, dated the 30th, day of Auguſt, in the 31ſt year of her reign, grants that the Burgeſſes and inhabitants of the ſaid town, from henceforward for ever, ſhall be one body corporate, or body politic, in ſubſtance, fact, and name, by the name of a Mayor and Burgeſſes; and that by that name, they may have perpetual ſucceſſion. And perſons able in law, capa- ble to have, purchaſe, receive, and poſſeſs lands, tenements, liberties, juriſdićtions, franchiſes, and hereditaments, of what kind, nature, or form ſoever, they ſhall be, to them and their fucceſſors, in fee and perpetuity. And to aſſign them over by the name aforeſaid. And by the ſame name to implead or fue, and be ſued, anſwer, or to be anſwered, defend, or be defended, in any court of record. And to have a common ſeal for their cauſes and buſineſſes, and to break and change the ſame at their pleaſure; alſo confirms all former liberties, and grants unto the Mayor and Burgeſſes, and their ſucceſſors, with ſull authority, power, and faculty of mittigamus, conſtituting, ordaining, making, and eſtabliſhing from time to time ſuch laws, inſtitutes, judg- ments, ordinances, and conſtitutions, according to their ſound diſcretion, being good, wholeſome, and neceſſary for the public good and weal, and common profit, and good rule of the ſaid town. The Mayor and Burgeſſes have hereby power to inflićt puniſhments, pains, penalties, and impriſonment on ſuch as yield not obedience to their laws, ordinances, and cuſtoms: providing ſuch laws, &c. be not repugnant to the laws and ſtatutes of England. Alſo that the grants which the ſaid town of Newcaſtle, and the circuits, precinóts, and juriſdićtions 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 Had- wyn Streams, ſeven miles above Newcaſtle Bridge. And to pull down all walls, hedges, and blocks, offenſive, &c. 2O Amid fun ther, the Queen grants unto the ſaid Mayor and Turgeſſes, upon the ſurrender of the letters patents of the preſent High Admiral of En gland, by death, forfeiture, ſurrender, or other means, to become void for ever. And may have, and hold within the ſaid town, one court of Ad- miralty of record, every Monday throughout the year. In which court, the Mayor or Recorder to be one: and to be- gin 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, contraćts, cove- nants, treſpaſſes, and deceits, matters, and offences whatſo- ever, to the ſaid court of Admiralty belonging, and to hold court of pleas, according to the laws and cuſtoms of the faid court of Admiralty of England, and other legal ways and means, whereby the truth may the better be known, with power of any temporal conſtraint or mulét, or any other pain, according to the laws and cuſtoms of the ſaid late Queen's court of Admiralty of England, to be compelled, or to do and adminiſter judgment, the order of law being kept. * And likewiſe ſhe ordains juſtices of the peace, to conſerve the peace in the ſaid town and port, for the putting in exe- cution the various ſtatutes and ordinances made at Weſt- minſter, againſt regrators, foreſtallers, and engroſſers, to enquire after ſuch offenders againſt the laws and ſtatutes aforeſaid, to hear and determine ſuch like indićtments and puniſhments. Alſo ſerjeants at mace, all juries, pannels, inquiſitions, attachments, precepts, mandates; warrants, judgments, ſentences, proceſſes, or other things whatſoever to do, for the diſpatching thereof. & The Queen gives further power to the Mayor, to chuſe all officers in the ſaid court whatſoever, to remove and ex- pel them as they ſhall ſee cauſe, according to law and equity. & 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 acknowledgment of all and fingular ſuch like pleae, 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 vicwing of all dead-bodies of what perſons 2] ſoever, which in the ſaid town and port however ſlain or drowned, or to be ſlain, drowned, or murdered, or brought to death by any other means. Alſo the conſervation of the ſtatutes, the wreck at ſea, and of the office of coroners in the third and fourth years of King Edward I. and to puniſh delinquents according to law. The Mayor of the ſame town, for ever, hath hereby power to receive acknowledgments for any caſe whatſoever in the Admiralty court determinable, and to record and en- rol the ſaid recognizance, to releaſe, cancel, leſſen, and qualify at their pleaſure, according to law. Alſo to de- mand execution, according to the manner of the ſaid High Court of the Admiralty of England. - The ſaid Queen doth give and grant, by the ſaid letters patents, unto the ſaid, Mayor, and Burgeſſes, and their ſuc- ceſſors, all and ſingular fines, redemptions, iſſues, amercia- ments, forfeitures, perquiſites, and profits whatſoever ap- pearing, 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 unquietneſs, vexation, or 4 ºuble of the ſaid Queen, her heirs and fucceſſors, júſūses, or other miniſters, or ſubjećts what- foever. , , , a," i. Alſo to have all manner of ſuch like goods and chattels, weifs, wrecks of the ſea, goods floating or ſwimming upon the water and driven to the ſhore, ſunk to the bottom, and goods due to more by proportion, treaſure found, felons of themſelves, deodands, and other caſualties, as well upon as by the ſea or ſhores, and maritime parts, as upon or by the freſh water, howſoever, whenſoever, or wherefoever, or in what manner appearing, happening, or coming, which to the Admiralty of England doth belong. --- And all royal fiſhes, ſturgeons, whales, porpoiſes, dol- phins, rigoſeres, and grampuſes. That the ſaid Queen.will, 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 gaol delivery, * 22 and to deliver out of priſon all perſons committed to the ſame gaol, for what cauſe ſoever. That they may erect a gallows within the liberty of the ſaid town, for felons, murderers, and other malefactors whatſover, within the town or port, and to commit them to the gaol, till they be thence delivered by due courſe of law. Dated at Weſtminſter, the 30th of Auguſt, in the 31ſt year of the reign of Queen Elizabeth. GREAT CHARTER. 22d March, 42d of Queen Elizabeth. [This Charter coſt the Corporation 635l. 10s, which money was ſent up to Mr. Ruſhworth, then the town's agent.—Grey's MSS.] The QUEEN to all to whom theſe preſent letters ſhall come, greeting.—Whereas the town of Newcaſtle upon Tyne is an ancient town and county of itſelf: And whereas the Mayor and Burgeſſes of the aforeſaid town have had, held, and enjoyed divers rights, juriſdictions, franchiſes, eaſements and privileges; and divers other liberties and immunities, exemptions and juriſdićtions, as well by pre- ſcription, as by means of divers charters, grants, and con- firmations, as well by us as by divers of our anceſtors, Kings of England, granted And whereas the aforeſaid town hath ſuffered greatly upon account of divers differ- ences, ſtrifes, and contentions, which have aliſen between the Burgeſſes of the aforeſaid town, by reaſon of the defe&ts of ſome of the ſaid letters patent, made concerning the aforeſaid liberties. 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, ſhall have and enjoy, all the cuſtoms, liberties, immunities, &c. which were granted to their predeceſſors, by ſeveral Charters, which the honeſt men of Newcaſtle upon Tyne, by pretence of what corpora- tion ſoever, they held and enjoyed, to have, hold, and enjoy, the ſaid cuſtoms, &c. to the ſaid Mayor and Burgeſſes, and their ſucceſſors, to their uſe for ever, to be holden in fee- farm, rendering the ancient fee-farm of one hundred pounds, at Michaelmas only; and that they may have all ſuch liberties, cuſtoms, &c. without the let of any one. f 23 b The ſaid Queen granteth, that the Mayor, ten Alder- men, and Sheriff of the ſaid town, and other twenty-four of the more diſcreet and honeſt Burgeſſes reſident in the ſaid town; which twenty-four ſhall be elected yearly, in the accuſtomed place, by the twenty-four electors of the Mayor and other eligible officers, within five days after the election and oath taken by the Mayor of the ſaid town, yearly eleēted; which faid Mayor, Aldermen, Sheriff, and twenty-four other Burgeſſes, in all thirty-ſix, ſhall bºat all times the Common Council of the aforeſaid town; the ma- jor part of whom, the Mayor and fix Aldermen to be ſeven, or the Mayor and the greater part of the Burgeſſes, as afore- ſaid, being gathered together, ſhall have É. power and authority, in the name of the whole body corporate and politic, to make laws, &c. for the good government of the town, its inhabitants, and the markets and fairs held there- in ; and for the better government of the Mayor, Burgeſſes, and other officers and artificers of the ſaid town, and their faćtors, ſervants, and apprentices, in their offices, trades, &c. and alſo for the better preſervation, leaſing, and demiſing of the lands, tenements, revenues, &c. to the aforeſaid Mayor and Burgeſſes and their ſucceſſors granted or affign- ed. And that the Mayor and Common Council of the ſaid town, or the greater part of them, aſſembled as afore- ſaid, as often as they ſhall make ſuch laws, &c. ſhall and may, in like manner, make, ordain, and appoint ſuch pun- iſhments, penalties, and impriſonments of all delinquents, contrary to ſuch laws, &c. as ſhall be neceſſary for keep- ing the ſaid laws, &c., and to have and retain the ſaid fines, &c. for the uſe of the aforeſaid town; ſo that the ſame laws, &c. be not repugnant to the laws of the kingdom of England. And further, the ſaid Queen 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, the good men and Burgeſſes of the twelve ſocieties, lawfully aſſembled in the accuſtomed place, to wit, drapers, mercers, &c. and that they name and preſent two honeſt men of every myſtery, &c. being twenty-four in number, bein ſworn that they, or the greateſt part of them, ſhall chuſe sº 24 and name the Mayor; alſo to chuſe the Sheriff, two Coro - ners, and one Clerk of the Chamber, who ſhall adminiſter an oath to the mariners and maſters of ſhips at the port of Newcaſtle; and in the ſame manner, and on the ſame day, yearly, may name eight other Burgeſſes, to be Cham- berlains of the ſame town, and one Sword-bearer before the Mayor, and eight Serjeants of the Mace, and one Recorder; and there ſhall be twenty-four Electors for one year; any Alderman dying or being depoſed, a new one ſhall be choſen in his room, who ſhall remain in office during life. Officers choſen by the Mayor, under their common ſeal, fhall be admitted to their places. To fine ſuch as refuſe to hold their places, upon election; the ſaid fine not to exceed 200 marks. If any officer die within the year, then to chuſe another. And if the Recorder die within one year next after his eleētion, or be removed from, or leave his office, then to chuſe another fit perſon, learned in the laws, al- beit not a Burgeſs, in his place, And if the Mayor of . the ſaid town be depoſed, removed, or die, then to, chuſe another within twenty days. The like for, the Sheriff, Sºc. William Jenniſon named firſt Mayor. John Savel, one of the barons of the exchequer, named firſt Re- corder. William Selby, and nine others, are made the firſt and modern Aldermen. James Clavering appointed firſt to the office of Sheriff. The ſaid William Jenniſon, May- or, and thirty-five perſons more, are appointed to be the firſt and the modern Common Council men. Matthew Chap- man, and Rowland Tempeſt, are appointed to be the firſt Coroners. George Dent appointed firſt Clerk of the Chamber. Francis Burrel, and ſeven others, appointed to be the firſt Chamberlains of the ſaid town. George Still appointed Sword-bearer. George Selby, and ſeven other perſons, appointed to be the firſt Serjeants at Mace. The ſaid Queen grants to the ſaid Mayor and Burgeſſes, andtheir ſucceſſors, for ever, that they may hold one court of record, in Guildhall, before the Mayor, upon Monday in every week throughout the year, except in the weeks of Qhriſtmas, Eaſter, and Pentecoſt: and another court, before the Sheriff, upon Wedneſdays and Fridays, in every week throughout the year, except in the ſeveral weeks aforeſaid; 2.5 and all pleas of debts, covenants, detainer, treſpaſſes, &c. and pleas of court of piepowder, &c. and courts of the upper-bench, juſtices of the bench, and juſtices of aſſize, before the ſaid Mayor. And that the Mayor and Bur- geſſes in the court, to be holden before the Mayor, and in the court to be holden before the Sheriff, and their ſucceſ- ſors, in all and ſingular ſuits, &c. may attach the parties defendants in the ſame ſuits, &c. in their lands and goods, and commit them to their priſon, called Newgate. The Mayor, the ten Aldermen, and Recorder of the ſtid town, for ever, to be jointly and ſeverally keepers of the peace, within the ſaid town, &c. and to chaſtiſe and puniſh malefactors, &c. And further, that they, or any three of them, whereof the Mayor to be one, be juſtices of the ſaid Queen, her heirs and ſucceſſors, to enquire upon, oath, &c. concerning all murders, foreſtallings regratings, &c. and all other. matters whatſoever done or committed ; 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. —sº The Queen grants to the ſaid Mayor and Burgeſſes, and their ſucceſſors, that they may, as often as need ſhall require, impoſe fines, penalties, taxations, cuſtoms, &c. for the public uſe of the Mayor and Burgeſſes of the ſaid town, to be kept in their common chamber, and to be expended for the public uſe, or by their officers, from time to time to be levied, ſuch as before time were lawfully taxed and impoſed; and that the ſaid Mayor, &c. may uſe all the means they can to levy and gather the ſame. The Queen’s 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. and that the Coroners of the ſaid town ſhall deliver all juries, inquiſitions, pannels, attachments, &c. and make return of them to the Mayor, Sc. in all their gaol-deliveries, &c. and do execute the precepts of the Mayor, &c. in ſuch manner as any Sheriff of England was accuſtomed to do, at the gaol-deliveries for their ſeveral counties: and that the ſaid Mayor, Recorder, and Alder- men, may erect a gallows * the liberties of the ſaid 3 26 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, thieves, and malefactors ſo- ever, within the town and port of Newcaſtle, and port aforeſaid, or the precinét or liberties of them, are found, and may bring them to priſon there. The ſaid Queen gives licence to William Reddel, and to fix others, and to what ſubječts or ſubjećt whatſoever, of the ſaid Queen, her heirs and ſucceſſors, aſſign or affigns, tenants or farmers, of the manor of Gateſhead and Whickham, with their appurtenances, in the county of Durham, by virtue of a leaſe to the ſaid Queen, made (amongſt others) by Richard, late Biſhop of Durham, by his indenture, dated the 26th of April, in the 24th year of her reign, 1582, for ninety-nine years fom the making thereof; and that the ſaid aſſign or aſſigns, tenants, farm- ers of the premiſes ſo demiſed, and their ſurvivors, the faid manors, or lordſhips of Gateſhead and Whickham, with their appurtenances, may grant and aſſign to the faid Mayor and Burgeſſes, and to their ſucceſſors, for the reſidue of the years then to come ; and that the Mayor and Burgeſſes of the ſaid town, and their ſucceſſors, the faid manors and lordſhips of Gateſhead and Whickham aforeſaid, with their appurten unces, may have and hold, during the reſidue of the years then to come, the ſaid Queen, for her, her heirs and ſucceſſors, gave ſpecial li- cence, notwithſtanding the ſtatute of mortmain or any other ſtatutes, &c. The Queen pardoneth and releaſeth to the ſaid Mayor and Burgeſſes, and to their ſucceſſors, and to every ſubjećt and ſubječts whatſoever, all, and all manner of pains, pen- alties, forfeitures, and ſums of money, and all other charges whatſoever, to the ſaid Queen, or to any of her progeni- tors, theretofore forfeited, by virtue of an ačt .# parlia- ment of King Henry V. at Weſtminſter, in the 9th year of his reign, publiſhed for the admeaſurement of keels, by parliament commiſſioners aſſigned ; or by virtue of ano- ther ačt of parliament, made at Weſtminſter, in the 21ſt. year of King Henry VIII. intituled; An act concern- ing Newcaſtle, and the port there, for the loading or un- loading of any merchant's goods within this kingdom, or 27 elſewhere, to be ſold from any ſhip or ſhips, or other veſſels, in or at any place or places within the port and liver of Tyne, between Sparhawk and Hadwin ſtreams, but only at the ſaid town of Newcaſtle, and not elſewhere, under pains and forfeitures, in the ſaid act contained and ſpeci- fied. And by virtue of another ačt of parliament, at Weſtminſter aforeſaid, the 23d of January, in the 1ſt. year of Queen Elizabeth’s reign, intituled, An act limiting the times of expoſing upon land merchandizes from parts be- yond the ſeas, and concerning cuſtoms of ſweet wines; and there it was enaëted, among others, for and concerning the loading or unloading, in or from any ſhip, or other veſſel, any goods, wares, or merchandizes, againſt the ſaid aćt, to the ſaid Queen due and forfeited, by virtue of the ſaid acts; and all the goods and chattels, lands and tene- ments, of the ſaid Mayor and Burgeſſes, are exonerated and acquitted the aforeſaid penalties and forfeitures. Moreover, the Queen grants to the ſaid Mayor and Burgeſſes, and to every ſubječt and ſubjećts of hers, her, Sheirs and ſucceſſors, inhabitants and Burgeſſes of the ſaid town, commonly called Hoaſtmen, in every ſeaſon fitting, and hours accuſtomed, the cuſtoms and ſubſidies, and other profits, to the ſaid Queen, her heirs and fucceſſors, due to be paid, and to the cuſtomers and colle&tors of the ſaid Queen and ſucceſſors, agreeing thereupon to be charg- ed or diſcharged, ſhipped or unſhipped, pit-coals, grind- ſtones, rub-ſtones, and whet-ſtones, near Newcaſtle, &c. ſuch ſhip, veſſel, &c. being 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 Bur- geſſes of the ſaid town, and their ſervants, 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 and commandeth the ſaid Mayor and Burgeſſes, and their ſucceſſors, and every ſubječt and ſubjećts of hers, her heirs. and ſucceſſors, inhabitants of the ſaid town, called Hoaft- men, that they, the ſame ſhips being of ſuch a capacity that they cannot fitly ſail to the town of Newcaſtle, may charge and diſcharge them of coals and ſtones ſo nigh 28 Newcaſtle as conveniently can be done, without fraud, and that under the pain of one hundred ſhillings, to he levied for the Queen’s 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 patent. And for that the Queen willeth, that the Mayor, Burgeſſes and inhabitants of the ſaid town, being Bur- geſſes may ſerve the Queen and her ſucceſſors with more commendable ſervice, and may furniſh the Queen 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 faithful fortreſs and defence, fighting againſt the rebels in times paſt, and hath behaved itſelf moſt dutifully to us and to our progenitors, 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 convićted and at- tainted, and of outlawed perſons, &c. And whereas the town of Newcaſtle upon Tyne is a town of merchants, a mart or market of great fame, and filled with a multitude of merchants, dwelling therein, and of others, as well home-bred thither flowing, and there ex- pećting their trade of merchanting, and thereupon it is ne- ceſſary to order and eſtabliſh a certain order within the ſaid town, and the ſpeedy recovery of debts to merchants, &c. due, according to the ſtatute of Aéton Burnel, &c. . The Queen granteth 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 or- dained, to take recognizances, according to the form of the ſtatute of Aéton Burnel, and of the ſtatute of merchan- dize, made in parliament, in the time of king Edward the 1ſt. and that there ſhall be a clerk in the ſame town, who ſhall be called the clerk of the Queen, her heirs and ſuc- ceſſors, to take recognizances of debts, according to the ſaid ſtatute. The Queen appoints William Jackſon, gentleman, to be her firſt and then modern clerk, for taking recogni- zances of debts, within the ſaid town, to enjoy the ſame during his life; and after his death the Mayor and Burgeſſes, &c. are empowered to prefer to the ſaid office another of the Burgeſſes of the ſaid town, to be the Queen's clerk, (as 29 before) and to continue ſo long as it ſhould pleaſe the Mayor, &c. And ſhall have a ſeal, in two pieces, for ſealing the ſaid recognizances; the Mayor. to have the cuſtody of the greater, piece, and the clerk to have the cuſtody of the leſſer piece of the ſaid ſeal; 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 ac- knowledge his debt and day of payment. ... And the ſaid Mayor and Clerk may do and diſpatch all other things, which by the ſtatute aforeſaid are requiſite. The ſaid Mayor and Clerk are to have ſuch wages, fees, rewards, and emoluments, for the execution of the ſaid office, as any other Mayor and Clerk of recognizances, of any other town or city in England, lawfully and of right hath or: receiveth. The Queen granteth, by the ſaid Charter, to the Mayor and Burgeſſes, and to their ſucceſſors, and to the inhabit- ants of the ſaid town, that they be quit and diſcharged of tolls, paſſages, poundage, murage, chimage, paunage, laſt- age, ſtallage, carriage, picage, tromage, hidage, and wharf- age, for their goods and merchandizes, as well by land as ſea, as well in fairs as in markets, and all ſecular cuſtoms, over the Queen’s lands, on this ſide and beyond the ſeas, &c. The Queen further granteth to the ſaid Mayor, Bur- geſſes, and their ſucceſſors, that they ſhall have, for their. public uſe, all and ſingular ſuch like tolls, and all other cuſ. toms, tolls, profits, and advantages, in fairs and markets; holden and to be holden within the ſaid town, at any other times whatſoever, by themſelves, to be levied and, gathered, and to be expended to and for the uſe of the ſaid Mayor and Burgeſſes, and their ſucceſſors: and the ſaid Queen forbiddeth that any man diſturb them therein. The ſaid Queen alſo grants to the ſaid Mayor and Bur- geſſes, and their ſucceſſors, that no merchant, ſtranger from the liberty of the ſaid town of Newcaſtle, may fell to any merchant ſtranger, any of their merchandizes within the faid town, (except vićtuals, and beſides in markets and fairs, to be holden within the ſaid town and limits there- of) nor ſuch merchant ſtranger may buy any merchandizes (except and beſides, as is before excepted) of any mer- chant ſtranger within the ſame town and liberty thereof, 30 other than in groſs, upon pain and forfeiture of thoſe mer- chandizes, to be had and levied for the public uſe of the faid Mayor and Burgeſſes. The Queen moreover granteth, that the ſaid Mayor and Burgeſſes, and their ſucceſſors, may have and hold all ſuch like liberties, cuſtoms, franchiſes, &c. and all other premiſes, &c. to the ſaid Mayor and Burgeſſes granted and confirm- ed, as is before-expreſſed; and that they may enjoy and uſe them for ever, fully, freely, &c. without impeachment or moleſlation. Further, the Queen pardoneth and releaſeth, to the ſaid Mayor and Burgeſſes, and to their ſucceſſors, all, and alk manner of ačtions, ſuits, impeachments, by writ of quo warranto, to be brought or executed againſt the ſaid Mayor and Burgeſſes, and their ſucceſſors, by the ſaid Queen, or by any of her officers, by reaſon of any fram- chiſe, liberty, by the ſaid Mayor and Burgeſſes, or their predeceſſors, within the ſaid town and limits thereof, be- fore times challenged or uſurped, and that the ſaid Mayor and Burgeſſes ſhall be quit, and altogether diſcharged for ever, The Queen further granteth, that every perſon or per- ſons, who for ever hereafter ſhall be admitted to be Bur- gefies, ſhall be admitted by the Mayor and Burgeſſes, or the greater part of them; or by the Mayor and Com- mon Council, or the major part of them, whereof the Mayor and fix Aldermen to be ſeven. Moreover, the Queen, often confidering in her mind, of how much avail it is to the commonwealth of England, to have youth well educated and inſtructed from their tender years, ordaineth and granteth, that within the ſaid town of Newcaſtle, and the liberties thereof, there be erected, and for ever, be one Free Grammar School; which ſhall be called the iºnee Grammar School of Queen Elizabeth, in Newcaſtle, and ſhall conſiſt of one Maſter and Scholars, to be inſtructed in the ſame, and that they, the Maſter and Schokars of the ſame School, for ever hereafter, ſhall be one body corporate, in law, fact, and name, by the name of the Maſter and Scholars of the Free Grammar School of Queen Elizabeth, in Newcaſtle upon Tyne; and by that name may have perpetual ſucceſſion, and ſhall be, in perpetual 31 times to come, perſons able and capable in law, of hav- ing, purchaſing, &c. lands, tenements, &c. to them and their ſucceſſors, in fee ſimple, or for terms of years, ſo they exceed not the yearly value of forty pounds, and ſo they be not holden of the ſaid Queen, her heirs and her ſucceſſors in chief, nor by knights ſervice, &c. That the ſaid maſter and ſcholars may have a common ſeal, for tranſacting their cauſes and affairs, which ſeal they may break and change at their pleaſure. And that the Mayor and Burgeſſes of Newcaſtle, and their ſucceſſors, or the greater part of them, ſhall have power to appoint an honeſt, i. and diſcreet man, to be Maſter, and another perſon, of a like deſcrip- tion, to be Uſher in the aſoreſaid ſchool; and there to con- tinue during the good pleaſure of the Mayor and Burgeſſes. And if it happen that the maſter and uſher die, or leave the ſaid ſchool, then they may chuſe other perſons, of like qualifications, in their place. And whereas the Mayor and Burgeſſes of Newcaſtle, more deeply confidering, and weighing the effects of di- vers letters patent, &c. And whereas the ſaid town is an ancient town, and the Mayor and Burgeſſes of the ſame, time out of mind of man, have had a certain guild or . fraternity, commonly called the Hoaſtmen, for the diſcharg- ing and better diſpoſing of ſea-coals, and pit-coals, grind- ſtones, rub-ſtones, and whet-ſtones, in and upon the river and port of Tyne, which guild or fraternity is granted or eſtabliſhed by none of the ſaid letters patent: whereupon the ſaid Mayor and Burgeſſes have humbly ſupplicated the ſaid Queen, that, in ſupply of the ſaid defects, ſhe would exhibit her liberality in their favour, and that ſhe would vouchſafe to make, reduce, and create the ſaid guild into a body corporate and politic, &c. The ſaid Queen therefore ordaineth, appointeth, and granteth, that William Jenniſon, the elder, and forty-four perſons more, commonly called the Hoaſtmen 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 or admitted into the ſaid guild or fraternity of the ſaid Hoaſtmen of Newcaſtle upon Tyne, hereafter ſhall be one body corporate and poli- tic, in law, fact, and name, by the name of The Governor, Stewards, and. Brethren of the Fraternity of Hoaſtmen in ! 32 the town of Newcaſtle upon Tyne. And forus, our heirs, and ſucceſſors, we do make, ordain, and create, that by the ſame name, they may and ſhall have a perpetual ſuc- ceſſion, and are, and ſhall be, in perpetual times to come, perſons able and in law capable, to have, purchaſe, receive, and poſſeſs lands, tenements, liberties, &c. to them and their ſucceſſors, in perpetuity; and otherwiſe; and to give, grant, demiſe, &c. the ſame lands, tenements, and heredita- ments, and to do all other things by the name aforeſaid ; and that by the ſame name they may plead, or be implead- ed, &c. in any of our courts whatſoever. * And that the ſaid governor, ſtewards, and brethren of of the Hoaſtmen of Newcaſtle aforeſaid, and their ſucceſſ. ors, may have a common ſeal, for tranſačting their cauſes and affairs, which ſeal they may break or alter, at their pleaſure. And the Queen appointeth, that there be; for ever hereafter, oné Governor, who ſhall be choſen, yearly, on the 4th of January, of the number of the Hoaſtmen, and by the brethren of that fraternity. And likewiſe that there ſhall be for ever hereafter, two honeſt and diſcreet men of the ſaid number of Hoaſtmen, who ſhall be choſen, in like manner, yearly, on the 4th of January, to be Stew- ards of the ſaid fraternity. And, that the Queen’s will, in the premiſes, may have due effect, ſhe appointeth William Jenniſon, the elder, to be the firſt governor; and Francis Anderſon and John Barker, to be the firſt ſtewards of the aforefaid fraternity. $ The Queen further grants to the ſaid governor, ſtewards, and brethren of the ſaid fraternity of Hoaſtmen, and to their ſucceſſors, that the ſaid governor, ſtewards, and bre- thren, and their ſucceſſors,' ſhall have, at '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 and make ſuch laws, inſtitutes, &c., which to the ſaid governor, ſtewards, and brethren, ſhall ſeem to be good, wholeſome, and profitable; for the rule and government of the governor, ſtewards, and bre- thren” of the ſaid fraternity, and for declaration, by what means and order they and their fačtors, ſervants and ap- prentices, in their offices and buſineſſes, concerning the ſaid fraternity, ſhall behave and demean themſelves. . And 33 that the governor, ſtewards, and brethren of that frater- nity, as often as they ſhall make, ordain, or eſtabliſh ſuch laws, inſtitutes, &c. in form aforeſaid, may alſo impoſe ſuch pains, penalties, puniſhments, and impriſonments of body, &c. upon all delinquents againſt ſuch laws, inſtitutes, &c. as to them ſhall be thought neceſſary and requiſite, for the better obſervation of the ſaid laws, ordinances, &c. and the ſaid fines and amerciaments at their diſcretion they may levy, have, and retain to themſelves and their ſuc- ceſſors, for the uſe of the governor, ſtewards, and brethren aforeſaid, without diſturbance or interruption from any one. All which and fingular laws, ordinances, &c. the ſaid Queen willeth to be obſerved; providing they be not, in any caſe, repugnant to the laws or ſtatutes of England. And further, the Queen granteth to the ſaid governor, ſtewards, and brethren, and to their ſucceſſors, for ever hereafter, that they may have full power, from time to time, at their pleaſure, to chuſe, name, and ordain other inhabitants and Burgeſſes of the ſaid town, to be brethren of the ſaid fraternity; an oath being firſt taken by every perſon ſo elected and nominated, for preſerving the ordi- nances and ſtatutes of the ſaid fraternity; which ſaid per- ſons, ſo elected, nominated, and ſworn, ſhall be brethren of that fraternity. Moreover, the ſaid Queen grants licence, power, and au- thority to the ſaid governor, ſtewards, and brethren, and to their ſucceſſors, for ever hereafter, that they and every of them may and ſhall quietly and peaceably have, hold, uſe, and enjoy all ſuch liberties, privileges, &c. concerning the loading and unloading of ſtone, coals, pit-coals, grind- ſtones, rub-ſtones, and whet-ſtones; and that they may, for ever hereafter, load and unload, in or out of any ſhips, keels, or veſſels, pit-coals and ſtones, as aforeſaid, within the ſaid river and harbour of Tyne, in any place or places, as to them ſhall ſeem moſt expedient, between the ſaid town of Newcaſtle and the aforeſaid place in the river of Tyne, called the Sparhawk, as near the ſaid town of Newcaſtle as can conveniently be done, according to the true intention of theſe letters patent, as the men and bre- thren of the ſaid fraternity have at any time uſed and accuſtomed; notwithſtanding the ſtatute of the 21ſt. of C § 34; Henry VIII. dated Nov. 3, intituled “An Aćt concern- ing Newcaſtle and the port and harbour thereto belong- ing,” or any other act, ordinance, &c. to the contrary. The Queen alſo grants that theſe letters patent be made and ſealed under the great ſeal of England, without fine or fee, great or ſmall. Witneſs the Queen, at Weſtmin- ſter, the 22d, of March, in the 42d. year of her reign. The preceding Charter of the 42d, of Queen Elizabeth being confidered as giving ſolidity to all the privileges and immunities of this opulent Corporation,-and that of King James as an emendation thereto, defining the juriſ- dićtion of its Magiſtrates and other civil officers, the extent of their authority, the privileges of the Burgeſſes, and the limits thereof.--we have therefore given a copious Abſtraćt of the one, and ſhall now give a complete copy of the other. CHARTER OF KING JAMES I. JAMES, by the Grace of God, of England, Scotland, France, and Ireland, King, Defender of the Faith, &c. 1604. ! To all to whom theſe preſent letters ſhall come, greet- ing.—Whereas certain queſtions, controverſies, and vari- ances, have of late ariſen and been moved, between the Mayor, Aldermen, and Common Council, of the town of Newcaſtle upon Tyne, and the Governors, Stewards, and Brethren, of the Fraternity of Hoaſtmen, of the ſame town of Newcaſtle upon Tyne, and certain Burgeſſes of the ſame town, of the one part ; and divers other their fellow Bur- geſſes of the ſame town, of the other part; chiefly for and concerning the form and order of election of the Mayor, Recorder, and other Officers, yearly, eligible within the faid town, and concerning the making of grants and deeds under the common ſeal of the town; and concerning the diſpoſing of the goods, chattels, rents, and revenues of the ſaid town; and concerning divers ſtrifes and controverſies, between the Mayor and Burgeſſes of the ſame town, and the aforeſaid incorporated body of the Hoaſtmen of the ſaid town: We, willing that from henceforth all the aforeſaid 2.5 queſtions, controverſies, and variances be wholly taken away, and that an amicable true peace, concord, and juſtice; given to every one his own, may amongſt them daily more and more be mouriſhed and increaſed; affd that they more liberally and quietly intend, as well in our ſervices and of our peers and ſucceſſors, as in their proper and honeſt com- modities and emoluments, of our ſpecial grace, certain knowledge, and mere motion, have willed, ordained, con- ſtituted, and granted, and by theſe preſents, for our peers and ſucceſſors, do will, ordain, conſtitute, and grant to the ſaid Mayor and Burgeſſesof Newcaſtle upon Tyne, and their ſucceſſors, that the election and elections of the Mayor, Re- corder, Aldermen, Sheriff, Common Council, and all and ſingular other officers and miniſters, eligible of the ſame town and county of Newcaſtle mpon Tyne, for the time be- ing, may be had, celebrated, effected, and doue, in manner and form following, and not otherwiſe, any grant, ordi- nance, conſtitution, decree, uſe, preſcription, cuitom, or any other thing, cauſe or matter whatſoever, notwithſtand- ing : (that is to ſay) Sečtion I. Every year, upon the Monday next after the feaſt of St. Michael, the Archangel, the good men and Burgeſſes of the twelve ſocieties or myſteries in the aforeſaid town, lawfully can and may aſſemble and meet together, in the accuſtomed place in the aforeſaid town, (that is to ſay) Drapers, Mercers, Skinners, Taylors, Merchants of Corn (all booth-men), Bakers, Tanners, Cordwainers, Sadlers, Butchers, Smiths, and Fullers: and that at the ſame place and time, the men of every of the ſaid myſteries, being Burgeſſes of the ſaid town, ſhall mame and preſent before the Mayor and Aldermen of the aforeſaid town, for the time being, two homeſt men of every of their myſteries then abiding and dwelling in the aforeſaid town ; which honeſt men of theſe myſteries ſo named and preſent- ed, being twenty-four in number, (that is to ſay) two men of every myſtery, ſhall then and there, before the ſaid Mayor and Aldermen of the aforeſaid town, for the time being, ſwear upon the Evangeliſts of God, that they, or the great- eſt part of them, before they depart aſunder from thence, them and there, upon conſultation and communication be-, tween them firſt had, ſhall eleēt and nominate, according to C 2. 36 their good diſcretions, the Mayor of the ſaid town, for the time being ; and three ocher of the better, diſcreeter, and honeſter Burgeſſes of the aforeſaid town, for the time being, and within the ſaid town abiding and dwelling, of the num- ber of thoſe which before then have been Mayors of the faid town, and who then ſhall be Aldermen of the ſaid town, exerciſing the office of an Alderman them in the aforeſaid town; and for default of ſuch, then four, three, two, or one other, who is, or are Alderman or Aldermen of the aforeſaid town, then there abiding and dwelling within the aforeſaid town, in ſupply of the ſaid foul; which faid four, ſo ele&ted and nominated, ſhall likewiſe ſwear upon the holy Evangeliſts of God, that they four, cr the greater part of them, before they ſhall depart aſunder from thence, then and there, upon like conſultation and com- munication between them had, ſhall elect and nominate eight other better, homeſter, diſcreeter Burgeſſes of the ſaid town, according to their fincere diſcretions, whereof ſeven to be Aldermen of the aforeſaid town, for the time being, if they be there preſent; and the eight of them ſhall be of the number of thoſe that then are, or before then have been Sheriffs of the town and county aſoreſaid, then abiding and dwelling within the ſaid town ; and if there be not ſo many Aldermen of the aforeſaid town, for the time being, then and there preſent, then the ſaid number ſhall be ſupplied by thoſe that before then have been Sheriffs of that town and county, and abiding and dwelling there; and for want of ſuch, then other better, honeſter, and diſcreeter Bur- geſſes of the ſaid town, then and there abiding and dwell- ing, to be joined unto and numbered with the aforeſaid four Burgeſſes; which ſaid four Burgeſſes, and aforeſaid eight to them to be adjoined, ſhall make altogether in number twelve; and that afterwards the good men and Burgeſſes of the aforeſaid ſeveral twelve ſocieties or myſ- teries of the ſaid town, ſo as before, the ſaid ſeverally con- gregated, or the greater part of them ſo congregated and aſſembled in every of their myſteries, upon the ſame day, in their ſeveral accuſtomed places, ſeverally and reſpec- tively, ſhall name and chuſe forth of every of the ſaid ſoci- *ties or myſteries, one other ſuch man, as to them the $foreſaid honeſt men of the aforeſaid ſocieties or myſteries, 37 or-the greater part of them, ſo as aforeſaid congregated and aſſembled in their ſeveral meetings, ſhall ſeem moſt meet; which ſaid men, ſo as aforeſaid ſeverally nominat- ed, ſhall be twelve in number, which twelve, or ſo many of them who ſhall be ſo nominated, ele&ted, and preſent- ed, ſhall be preſented to the ſaid twelve firſt Electors, con- fiſting of the Mayor, Aldermen, Sheriff, or of ſuch who have been Sheriffs and Burgeſſes as aforeſaid; which firſt twelve Electors, or the greater part of them preſent, ſhall name or eleēt ſix honeſt men of the aforeſaid twelve eleēt- ed, and ſo as aforeſaid laſt preſented by the aforeſaid men of the twelve ſaid ſocieties or myſteries, who, with the firſt twelve, in all, are and ſhall be eighteen Electors in number. II. And further, we have willed, ordained, conſtituted, and granted, and by theſe preſents, for us, our peers, and ſucceſſors, do will, ordain, conſtitute, and grant to the ſaid Mayor and Burgeſſes of the town of Newcaſtle upon Tyne, that every year, upon the Monday next after the aforeſaid feaſt of St. Michael, the Archangel, the good men and Burgeſſes of the fifteen ſocieties in the town aforeſaid, hereaſter mentioned (that is to ſay) Maſters and Mariners, Weavers, Barber-Surgeons, together with Chandlers, Cut- Shipwrights, Coopers, Houſe-Carpenters, Maſons, Glovers, Joiners, Millers, Curriers, Feltmakers, and Armourers, Col- liers, together with Plumbers and Painters, being fifteen ancient ſocieties within the ſaid town, lawfully can and may, in their ſeveral places accuſtomed within the ſaid town aforeſaid, ſeverally meet and congregate; which ſaid honeſt men and Burgeſſes of the aforeſaid ſeveral fifteen ſocieties, ſo as aforeſaid, upon the ſaid Monday next after the ſaid feaſt of St. Michael, the Archangel, ſeverally con- gregated and aſſembled, ſhall ſeverally and reſpeštively name and chuſe one man of every of the ſaid fifteen ſoci- eties, who ſo nominated and elected are and ſhall be fifteen in number; which ſaid fifteen perſons ſo elected, or the greater part of them, afterwards upon the ſame day, ſhall chuſe and name twelve perſons out of all the free Burgeſſes of the ſame town, at their pleaſure, whether they or any of them are or is admitted of any myſtery or ſociety with- in thefaid town then being, or otherwiſe; which ſaid twelve Burgeſſes, to laſt as aforeſaid, ſhall be preſented to the ſaid B 3 38 eighteen Electors firſt mentioned; which ſaid eighteen ſhall chuſe and name out of the ſaid twelve laſt mentioned, and out of the fix others remaining of and from the ſaid twelve, elected as aforeſaid, by the twelve aforeſaid ſocieties or myſ. teries firſt mentioned, fix good men; which ſaid fix perſons, fo elected and named, together with the ſame eighteen per- fons laſt mentioned, ſhall make the number of twenty-four perſons; which ſaid twenty-four perſons, ſo elected and no- minated, ſhall ſwear upon the Evangeliſts of God, that they, or the greater part of them, before they depart aſun- der from thence, then and there, upon conſultation and communication between them firſt had, and all favour, hatred, and partiality laid apart, ſhall elect and nominate, according to their ſound diſcretions, one of the better, diſ. creeter, homeſter Burgeſſes of the ſaid town, then being an Alderman of the ſaid town, to be Mayor of the ſaid town for one whole year next following, if the ſaid Mayor, ſo elected and nominated, ſhall ſo long live: III. And one other fit Burgeſs of the ſaid town, to be Sheriff of the ſaid town of Newcaſtle upon Tyne, for one whole year then next following, if the ſame Sheriff, ſo elected and nominated, ſhall ſo long live: And likewiſe, two others, being then Burgeſſes of the ſaid town, meet and fit to be Coroners of the county of Newcaſtle aforeſaid. —Every of them in their ſaid office to remain for one whole year next then following, if they the ſaid Coroners ſo elect- ed and nominated ſo long live. And in like manner and, form, one other Burgeſs of the ſaid town, to be Clerk of the Chamber of the ſaid town for one whole year then next fol. lowing, if he the ſaid Clerk of the Chamber of the ſaid, town, ſo elected and nominated, ſhall ſo long live, and be- have himſelf well in the ſame: which ſaid Clerk of the Chamber, for the time being, or his deputy, ſhall and may have authority and power, in the preſence of the Chamber- lains of the ſaid town, for the time being, or two of them, from time to time, when it ſhall, be needful, to exhibit and miniſter ſuch corporal oaths, to whatſoever pilots, maſters of ſhips, and mariners, and every of them, arriving at the ort of Newcaſtle upon Tyne, as before this time he hath uſed and accuſtomed to exhibit and adminiſter. And in the fame manner and form, and upon the ſame day yearly, the 39 ſaid twenty-four Burgeſſes, Electors above ſpecified, or the greater part of them, ſhall elect and nominate eight others, being Burgeſſes of the ſaid town, meet and fit then to be Chamberlains of the ſaid town; every of them to remain in their office for one whole year, then next following, if they in the ſame ſhall ſo long live, and well behave them- ſelves in the ſame: And likewiſe, then one other, being a Burgeſs of the ſaid town, to be Sword-bearer before the Mayor of the ſaid town, for the time being; to remain in the ſaid office for one whole year, then next following, if he the faid Sword-bearer, ſo elected and nominated, ſhall ſo long live, and well behave himſelf in the ſame : And likewiſe, eight others, being Burgeſſes of the ſaid town, to be Ser- jeants at Mace, and Officers of our Courts, to be holden within the aſoreſaid town; every of them to remain in their ſaid office for one whole year then next following, if they ſhall ſo long live and behave themſelves in the ſame. And the twenty-four Burgeſſes eleēted, above ſpecified, or the greater part of them, in the ſame manner and form, and upon the ſame day, yearly, ſhall elect and nominate one diſcreet man, ſkilled and learned in the laws of this our realm, to be Recorder of the aforeſaid town ; although ſuch perſon ſo ele&ted, or to be eleēted to be Recorder of the ſaid town, be not a Burgeſs of the ſaid town; to remain, in his office of Recorder for one whole year then next follow- ing, if he the Recorder, ſo eleēted and nominated, live ſo long, and well, behave himſelf in the ſaid office. IV. And further, we will, and for us, our peers, and, ſucceſſors, do grant to the ſaid Mayor and Burgeſſes, and their ſucceſſors, that they, the ſaid twenty-four Electors, ſo nominated and elected as aforeſaid, or the greater part of them, ſhall and may be the Electors for one whole year then next following, of alleligible officers of the ſaid town and county. In caſe it ſhall happen any of the ſaid officer or officers ſo elected, do die, be removed, or diſplaced, with- in the year next after ſuch election of them made ; or if it- happen any of the ſaid twenty-four elečted, do die within. the year next after the election as aforeſaid of them made, that then, and ſo often, the ſurvivors of the ſaid twenty-, four, or the greater part of them ſurviving, within twenty days next after ſuch death, ſhall eleē and nominate anothere 4O Burgeſs of the ſaid town, then reſident in the ſaid town, and dwelling therein, to ſupply the ſaid number of the ſaid twenty-four Electors. V. Moreover, we will, that if it happen any of the ſaid ten Aldermen do die, forſake, be diſplaced, or removed from their places, then and ſo often as any ſuch chance doth happen, the ſaid twenty-four Electors, for the time be- ing, or the greater part of them, in the preſence of the Mayor, within twenty days then next after ſuch death, de- parture, or removal, of any of the aforeſaid Alderman or Aldermen, ſhall and may eleēt and nominate one other or others, Burgeſs or Burgeſſes, of the ſaid town, for the time being, and reſident and inhabiting in the ſame, to be Alderman or Aldermen of the ſaid town, in the place or places of ſuch Alderman or Aldermen, ſo dying, depart- ing, diſplacing, or removing; which Alderman or Alder- men ſo elected and nominated, ſhall and may be an Alder- man or Aldermen of the ſaid town for and during the natural life of him or them ſo eleēted and nominated, if it do not happen, that he or them for ſome reaſonable cauſe be diſplaced or removed; firſt having taken his or their oaths, to execute their office duly, VI. And further, we grant and give licence, by theſe preſents, for us, our peers, and ſucceſſors, to the afore- ſaid Mayor and Burgeſſes, and to their ſucceſſors, with all other officers or miniſters of the ſame town and our county of Newcaſtle upon Tyne, for the time being, who is or are not eligible by any election made by the ſaid Ele&tors, but are admitted and appointed to execute their aforeſaid offices by grant or grants made in writing by the ſaid Mayor and the reſt of the Common Council of the ſaid town, or by the ſaid Mayor and Burgeſſes of the ſaid town, with the aſſent and conſent of the ſaid Mayor, and of the Common Council of the ſaid town, for the time being, ſealed with their common ſeal, or by any other means, and not by ſuch election as aforeſaid, when ſuch officers or miniſters, and every of them, ſo often as ſhall be needful, ſhall be admitted, nominated, and ap- pointed, in the ſame manner and, form as before hath been uſed in the ſame town and county, they firſt taking their oaths to execute their office duly, if need require it, as in 4.1 former times hath been uſed in the ſame town. And fur- tlier, we will, and by theſe preſents do grant, for us, our peers, and ſucceſſors, to the ſaid Mayor and Burgeſſes, and to their ſucceſſors, that every of the officers, ſo as aforeſaid elected, nominated, and put in authority, then and there after ſuch elečtion of them had, ſhall take a corporal oath upon the holy Evangeliſts of God, before the Mayor of the aforeſaid town, for the time being, to execute his office duly and lawfully, as in former times hath been uſed in the ſame town. VII. And we will, and by theſe preſents, for us, our peers, and ſucceſſors, do grant to the ſaid Mayor and Bur- geſſes of the ſaid town of Newcaſtle upon Tyne, and to their ſucceſſors, that if any perſon ſhall be ſo as aforeſaid elected, and put in authority to the office of Mayoralty, or an Alderman within the aforeſaid town ſhall deny or refuſe to take upon him the burthen and execution of the ſaid office and duty aforeſaid; that then, and ſo often as ſuch perſon ſo elected and put in rule, ſhall deny the Mayor and Common Council of the ſame town, for the time being, or the greater part of them, whereof we will that the Mayor and ſix Aldermen of the aforeſaid town, to be ſeven, from time to time, ſhall and may have, by theſe preſents, in all future times, full authority and power to aſſeſs, tax, and im- poſe any reaſonable fine, pain, penalty, or ſum of money, upon ſuch perſons ſo elečted and put in rule, and ſo refuſ- ing or denying to take upon him the ſaid office of May- oralty, or an Alderman of the aforeſaid town, and the burthen and execution thereof; ſo as the aforeſaid fine, pain, penalty, or ſum of money, do not czceed the ſum of two hundred marks, to be levied on the goods aud chattels of the ſaid perſon ſo eleēted and put in authority, to be elected, and ſo denying or refuſing as aforeſaid, the ſaid office, burden, and execution thereof: And if ſuch perſon ſo elected and put in authority, to be eleēted and preferred to the office of Mayoralty, or an Alderman of the aforeſaid town, ſo as aforeſaid, ſaying may or refuſing the burthen or execution thereof, ſhall deny or refuſe to pay, ſatisfy, or content the ſaid fine, pain, penalty, or ſum of money, ſo upon him impoſed, aſſeſſed or taxed ; to be impoſed, aſ- feſſed, or taxed, at ſuch -time or times as the ſaid Mayor 49 or Common Council of the aforeſaid town, for the time being, or the greater part of them, whereof we will the Mayor of the ſaid town, and fix Aldermen of the ſame town, to be ſeven of them, ſhall ſet down and appoint, that then, and ſo often as ſuch chance ſhall happen, the ſaid Mayor and Common Council, of the aforeſaid town, for the time being, and their ſucceſſors, or the greater part of them, whereof we will the Mayor and ſix Aldermen of the ſaid town, to be ſeven, fiom time to time, cam, ſhall, and may have full authority to commit to priſon or gaol, with- in the aforeſaid town, ſuch perſon ſo to the office of May- oralty or an Alderman of the ſaid town, elected, and pre- ferred to be eleēted and preferred, and ſo as 'aforeſaid de- nying or refuſing the office, burthen, and execution there- of, there to remain until he ſhall have ſatisfied and paid the preſent fipe, pain, penalty, or ſum of money, ſo upon him impoſed as aforeſaid, taxed, or to be impoſed or aſſeſſed. VIII. We will alſo, and by theſe preſents, for us, our peers, and ſucceſſors, do give and grant to the ſaid Mayor and Burgeſſes of the aforeſaid town, and their ſucceſſors, that if any perſon which ſo aforeſaid ſhall be elected and preferred to the office of Sheriff, within our county of New- caſtle upon Tyne aforeſaid, do deny, or refuſe to take upon him the burthen and execution of the aforeſaid office, and to exerciſe the office of Sheriff of the town and county aforeſaid, whereunto he ſhall be ſo elected and preferred; that then, and ſo often as ſuch caſe ſhall happen, the Mayor and the reſt of the Common Council of the aforeſaid town, and their ſucceſſors, for the time being, or the greater part of them, whereof we will that the ſaid Mayor, and ſix Aldermen of the aforeſaid town, to be ſeven, from time to time, ſhall and may have, in all future times, full autho- rity to tax and impoſe any reaſonable fine, pain, penalty, or ſum of money, upon ſuch perſon ſo to be elected or pre- ferred to be Sheriff, for the ſaid town and county of New- caſtle upon Tyne, and ſo refuſing or denying to take upon him the ſaid office of Sheriff, the burden and execution thereof, ſo as the ſaid fine, pain, penalty, or ſum of money, exceed not the ſum of one hundred marks; to be levied on the goods and chattels of the ſaid perſon ſo elected, and *º- 43 preferred to be eleēted or preferred, and ſo refuſing or de- nying as aforeſaid the ſaid office of Sheriſt, but then or exe- cution thereof; and if the perſon ſo preferred to be eleēted, or preferred to be the Sheriff of the ſaid county, and ſo as aforeſaid refuſing or denying to take upon him to excrciſe the ſaid office, and execution thereof, ſhall deny or refuſe to pay, ſatisfy, or content the ſaid fine, pain, penalty, or ſum of money, ſo upon him impoſed, taxed, aſſeſſed, or to be impoſed, taxed, or aſſeſſed, at ſuch time and times as the ſaid Mayor, and the reſt of the Common Council of the aforeſaid town, ſor the time being, or the greater part of them, whereof we will the Mayor, and ſix Aldermen of the ſaid town, to be ſeven, have ſet down or appointed ; that then, and ſo often as ſuch a caſe happens, the ſaid Mayor, and the reſt of the Common Council of the afore- ſaid town, and their ſucceſſors, for the time being, or the greater part of them, whereof we will the ſaid Mayor and fix Aldermen of the ſaid town to be ſeven, from time to time, can and may and ſhall have full authority and power to commit to priſon or gaol, within the aforeſaid town, ſuch perſon ſo to the office of Sheriff of the county afore- ſaid elected, or to be elected or preferred, and ſo as afore- ſaid, refuſing or denying the ſaid office of Sheriff of the faid county, the charge and execution thereof; there to re- main until he has ſatisfied or paid the ſaid fine, pain, pen- alty, or ſum of money, ſo upon him impoſed, taxed, aſſeſſed, or to be impoſed, taxed, or aſſeſſed. IX. And if it happen that ſuch Mayor, Sheriff, or any other of the Common Council of the ſaid town, or any of them, or any other eligible officer, or miniſter of the afore- ſaid town, for the time being, (the Recorder of the ſaid town only excepted) within one year after ſuch election of him or them made, ſhall depart, die, or leave the govern- ment of the ſaid town, or the exercifing of his or their office, or for any other reaſonable cauſe whatſoever, ſhall be dif- placed or removed from his or their office or offices; that then, the aforeſaid Electors, or the eligible officers in the ſaid town for the ſame as aforeſaid, for the time being, or the greater part of them, in the preſence of the ſaid Mayor, can and may, within twenty days next after ſuch deceaſe or death, diſplacing or removing, elect and prefer #4. one other or others, fit and diſcreet perſon or perſons, then being Burgeſs or Burgeſſes of the aforeſaid town, (except- ing §. office of Recorder of the aforeſaid town, for the time being) in the place or places of ſuch perſon or per- ſons, ſo departing or dying, or which ſo from his or their office or offices ſhall be diſplaced or removed, to take upon him or them, and exerciſe ſuch office or offices for the re- ſidue of that year: Yet ſo as ſuch Mayor, Sheriff, or Common Council of the ſaid town, or any of them, or any other eligible officer, or miniſter of the ſaid town, ſo to be elected as aforeſaid, for one whole year, or any part of a year, or otherwiſe, before he be admitted to the office, ſhall take a corporal oath or oaths, to perform and execute faith- fully the office or offices whereunto he or they are ſo cho- ſen, as in former times in the ſaid town it hath been uſed. And, if it happen, that the Recorder of the afore- faid town, for the time being, ſhall depart, die, or be re- moved from his office, or forſake the ſaid office, that then the aforeſaid Ele&tors, for the time being, or the greater part of them, in the preſence of the ſaid Mayor, can and may, within twenty days next after ſuch deceaſe, death, or removal, eleēt another fit perſon, learned and ſkilled in the laws, although he be not a Burgeſs of the ſaid town, in the place of that Recorder that ſo died, departed, was remov- ed, or forſook the office of Recorder, as aforeſaid, for the reſidue of that year then to come; ſuch Recorder ſo newly choſen and elected, firſt taking his oath for the executing his office duly and lawfully. \. X. But if it happen, that the ſaid Electors of the afore- faid offices, for the time being, be equally divided in giving their ſuffrages in an election aforeſaid, to be made, fo as they cannot agree, then the Mayor of the aforeſaid town, for the time being, or who then executeth the office of Mayor of that town, ſhall add his vote to make and prefer ſuch election. - XI. And, if it happen, that the Mayor of the aforeſaid town, for the time being, ſhall be diſplaced, removed, or die, within the year as aforeſaid, that then, within the ſaid twenty days next after ſuch death, diſplacing, or removing, and before any other Mayor of the ſaid town be elected or put in authority, the ſenior Alderman, for the time be- 45 ing, ſhall ſupply the place for the Mayor of the aforeſaid town, and execute and do the office of Mayoralty of the aforeſaid town in all things, until another Mayor of the faid town, according to the form and order in theſe pre- ſents declared, be elected, who ſhall take upon him to ful- fil and execute that office in all things, upon pain of pay- ing forty pounds. } And, if it happen, that he ſo eleēted to be Mayor of the aforeſaid town, for the time being, be abſent at the time of his eleētion to that office, then ſuch perſon that was Mayor of the ſaid town the year laſt paſt, ſhall do and exe- cute the ſame office of Mayoralty, until the ſaid Mayor ſo elected and being abſent ſhall come to execute his office. XII. And, if it happen, that the firſt Sheriff of the town and county of our town of Newcaſtle upon Tyne, for the time being, be diſplaced, removed, or die, within one year aforeſaid, that then, within twenty days next after ſuch death, diſplacing, or removing, and before any other Sheriff of our ſaid county be elected or put in authority, the ancienteſt of thoſe Burgeſſes reſident, for the time be- ing, within the ſaid town, who have executed the office of Sheriff of the county aforeſaid, ſhall ſupply the place of Sheriff of the county aforeſaid, and execute and do in all things the office of Sheriff, until another Sheriff of that county be choſen and put in authority, who ſhall likewiſe take upon him to fulfil and execute in all things that office, upon pain of twenty pounds. And, if it happen, that he ſo eleēted to be Sheriff of the aforeſaid county, for the time being, be abſent at the time of his being elected to that office, then ſuch perſon who was Sheriff of the county aforeſaid, the year laſt paſt, ſhall do, and execute the ſame office of Sheriff, until the ſaid elected Sheriff ſhall come to execute his office, upon pain of forty pounds. We will alſo, by theſe preſents, and for us, our peers, and ſucceſſors, do grant to the ſaid Mayor of the ſaid town, that the Mayor of the ſaid town now being, the Recorder of the ſaid town now being, the Sheriff of the town and county aforeſaid, and all other eligible officers of the ſaid town, late and now being, may exerciſe and execute their ſeveral offices aforeſaid, according to the election of them 46 fêverally made, and their corporal oaths ſeverally taken, until another or others ſhall be nominated and choſen to the ſeveral offices aſoreſaid, duly and according to the in- tention of theſe our letters patent, to be executed and exer- ciſed, any other things, matters, or cauſe to the contrary notwithſtanding. XIII. And further, of our abundant grace, we have grant- ed, and by theſe preſents, for us, our peers, and ſucceſſors, do grant to the aforeſaid Mayor and Burgeſſes of the aforeſaid town, and to their ſucceſſors, that the Mayor of the afore- faid town, for the time being, the ten Aldermen of the aforeſaid town, for the time being, and the Sheriff of the aforeſaid town and county of Newcaſtle upon Tyne, for the time being, and four and twenty of the diſcreeter, honeſter Burgeſſes of the aforeſaid town, and within the ſaid town ſo abiding and dwelling, which four and twenty ſhall be yearly eleēted in the accuſtomed place, within the aforeſaid town, by the four and twenty Electors of the Mayor and other eligible officers of the ſaid town, will five days after the election and oath taken by the Mayor of the ſaid town, yearly to be choſen, any other ordinance, decree, or cuſtom, notwithſtanding; ſuch Mayor, Aldermen, and other twenty-four Burgeſſes aforeſaid, all being thirty-ſix in number, from time to time, in all future times, ſhall and may be the Common Council of the aforeſaid town. And that every perſon, who at any time hereafter ſhall be choſen to be of the Common Council of the afore- faid town, ſhall take his corporal oath, upon the holy Evangeliſts of God, at the next convenient time after his election aforeſaid, in thoſe Engliſh words following, (viz.) “You ſhall ſwear that you ſhall be true to our Sove- reign Lord the King’s Majeſty that now is, and to lis heirs and ſucceſſors, Kings of England, and readily you fhall come when you be ſummoned to the Common Coun- cil of this town, unleſs you ſhall be reaſonably excuſed; and a good true council you ſhall give in all things touch- ing the common wealth of this town, after your beſt ſkill and cunning, and not to the favour of any man, you ſhall not maintain any ſingular profit againſt the common pro- fit of this town; and aſter that you be come to the Common Council, you ſhall not from thence depart until the Com- * 47 mon Council be ended, without reaſonable cauſe or the Mayor's licence; and alſo any ſecret things that be ſpoken and ſaid in the Common Council, the which ought to be kept ſecret, in no wiſe you ſhall diſcloſe.—So help you God.” XIV. And that the aforeſaid Mayor, and Aldermen, Sheriff, and twenty-four Burgeſſes aforeſaid, being the Common Council of the aforeſaid town, for the time being, or the greater part of them, being gathered and aſſembled together, whereof we will, the Mayor of the ſaid town, and fix Aldermen of the ſaid town, for the time being, or the greater part of them, to be ſeven, or the Mayor of the aforeſaid town, for the time being, the Burgeſſes of the aforeſaid town, and their ſucceſſors, or the greater part of them, whereof we will the Mayor of the aforeſaid town, for the time being, always be one, being aſſembled together, ſhall and may have, by theſe preſents, full authority and power, in the ſtead, for, and in the name of the whole bo- dy corporate and politic, of the aforeſaid town, to appoint, conſtitute, ordain, make, and eſtabliſh, from time to time, ſuch laws, orders, ačts, ordinances, and decrees, as to the Mayor and Common Council of the ſaid town, or the greater part of them, whereof we will the Mayor of the ſaid town, and ſix Aldermen of the ſaid town, for the time being, to be ſeven, or as to the Mayor of the aforeſaid town, for the time being, and the Burgeſſes of the afore- ſaid town, and their ſucceſſors, or the greater part of them, whereof we will the Mayor of the aforeſaid town always to be one, being gathered and aſſembled together, ſhall ſeem to be good, wholeſome, profitable, and neceſſary, according to their good diſcretions, for the good govern, ment and ruling of the Mayor and Burgeſſes of the afore- ſaid town, and all other inhabitants of the ſaid town, and all merchants, officers, miniſters, artificels, and reſidents whatſoever in the ſaid town, for the time being ; and for the rule and government of the markets and fairs, to be holden within the aforeſaid town, and the limits and liber- ties thereof, and the people coming and reſorting to the ſaid markets and fairs, or to any of them; and for mani- feſting by what means and order the Mayor and Burgeſſes, and all and fingular other, the miniſters, officers, and arti- z D 2. 43 ficers, inhabitants, and reſidents of the ſaid town, and their fačtors, ſervants, and apprentices, myſteries, crafts, and buſineſs within the aforeſaid town and the liberties thereof, for the time being, and otherwiſe for the further public good, common profit, and good government of the afore- ſaid town, and vićtualing thereof; and alſo for the better preſervation, government, poſſeſſing of lands, tenements, poſſeſſions, revenues, and hereditaments, to the aforeſaid Mayor and Burgeſſes, and their ſucceſſors, given, granted, or affigned, and other things and cauſes whatſoever, touching, or any way concerning the aforeſaid town, or the eſtate, right, and intereſt of the ſame. And that the Mayor and Common Council of the afore- faid town, for the time being, or the greater part of them, whereof we will the Mayor of the aforeſaid town, and ſix Aldermen of the ſame town, for the time being, to be ſeven, or the Mayor of the aforeſaid town for the time being, and the Burgeſſes of the ſame town, and their ſucceſſors, or the greater part of them, being aſſembled and met together, whereof we will the Mayor of the aforeſaid town, always to be one, how often ſoever they ſhall conſtitute, make, brdain, and eſtabliſh ſuch laws, orders, ačts, ordinances, and decrees, in form as aforeſaid, and can and may make, or- dain, limit, and provide fuch and the like pains, puniſh- ments, penalties, and impriſonments of body, or by fines and amerciaments, or either of them, towards and upon all offenders againſt ſuch laws, orders, and ačts, ordi- nances, and decrees, or any of them, as ſhall ſeem beſt to the ſame Mayor and Common Council for the time being, or the greater part of them, whereof we will the Mayor of the aforeſaid town, and ſix Aldermen of the aforeſaid town, for the time being, to be ſeven, or the aforeſaid Mayor, for the time being, and the Burgeſſes of the ſame town, and their ſucceſſors, or the greater part of them aſſembled, whereof we will the Mayor of the aforeſaid town, always to be one, to be needful and requiſite for the obſervation of the aforeſaid laws, ordinances, and decrees, and the ſame fines and amerciaments, by their directions, or by any other means, to levy, have, and retain to them and their ſucceſ. iſors, to the uſe of the aforeſaid town, without vexation or impediment of us, our peers, and ſucceſſors; all and ſingular * 49 which levies, ordinances, orders, and decrees, pains, puniſh- ments, penalties, impriſonments, ſhall not be repugnant nor contrary to the laws, ſtatutes, rights, or cuſtoms of our realm of England. XV. Nevertheleſs, for us, our peers, and ſucceſſors, of our ſpecial grace, certain knowledge, and mere motion, we do conſtitute, ordain, and grant to the aforeſaid Mayor and Burgeſſes, and their ſucceſſors, that every ačt, ordinance, and conſtitution, made or agreed, or to be made or agreed in Guild, either by the Mayor of the ſaid town, for the time being, and the Burgeſſes of the ſame town, aſſembled and congregated, for and concerning the making up of any writings, inſtruments, or deeds, concerning any grant, demiſe, leaſe, conveyance, aſſurance, or diſpoſal of any lands, tenements, or hereditaments, pal cel of the poſſeſ. ſions of the ſaid Mayor and Burgeſſes of the aforeſaid town, or for or concerning the diſpoſal of any goods, chattels, rents, revenues, reverences, penſions, annuities, or other ſums of money'whatſoever, to the aforeſaid Mayor and Burgeſſes of the aforeſaid town belon ging, or in any wife appertaining, or charging, or which, will charge the ſaid Burgeſſes and their ſucceſſors, or for or concerning the granting or diſpoſing of any office or offices not eligible, to which ſaid writings, deeds, or inſtruments, grants, demiſes, leaſes, conveyances, aſſurances, and diſpoſals, un- leſs the ſame be by the aſſent and conſent, and in the pre- fence of the Mayor and the reſt of the Common Council of the ſaid town, for the time being, or of the greater part of them, whereof we will that the Mayor of the ſaid town, for the time being, and fix Aldermen of the aforeſaid town, to be ſeven, ſhall be void and of none effect, and not charge or bind the ſaid Mayor and Burgeſſes of the ſaid town, and their ſucceſſors; and that the common ſeal of the ſaid town, to the ſaid acts, and grants, demiſes, leaſes, convey- ances, and aſſurances, diſpoſings, writings, inſtruments, and deeds, or any of them, ſhall not be put and affixed, un- leſs the ſaid common ſeal be there put and affixed, by aſſent and conſent, and in the preſence of the ſaid Mayor, and the reſt of the Common Council, for the time being, or the greateſt part of them, whereof we will the Mayor of the ſaid town, for the time being, and fix Aldermen of JJ the ſaid town, for the time being, to be ſeven. And fur- thermore, we do, for us, our heirs, and ſucceſſors, firmly command and charge the ſaid Mayor and Burgeſſes of the aforeſaid town, and their ſucceſſors, that they, and every of them, ſhall, from time to time, and for ever, well, firmly, and inviolably obſerve and fulfil this our laſt ordinance and conceſſion, and ſhall incur and undergo ſuch pains, according to the true intention of the ſame, and that all perſons offending and ſwerving from and againſt the form and effect of the ſaid ordinances and conceſſions, ſhall in- cur and undergo ſuch pains, penalties, forfeitures, and impriſonments, as by any laws or ſtatutes of this kingdom of England, can be inflićted or impoſed againſt the con- temmers or neglectors of our royal command in that behalf. XVI. And, moreover, we will, and by theſe preſents, for us, our heirs, and ſucceſſors, do give and grant to the ſaid Mayor and Burgeſſes of the town aforeſaid, and their ſuc- ceſſors, that if the twenty-four Ele&tors of the Mayor, and other eligible officers of the town and county aforeſaid, or the honeſt men of any of the ſaid ſocieties and myſteries above-mentioned, or any of them, ſhall fail, or refuſe, or deny, or be neglecting in making of the election aforeſaid, or any of them; and in nominating and chuting of any perſon or perſons, by them ſeverally, in manner and form as aforeſaid, to be choſen or nominated, according to our true intention in theſe letters patents, thereupon made to the ſaid Mayor and Burgeſſes, expreſſed, whereby our royal intention for the election aforeſaid, duly and rightly to be done and performed, might take its due effects then and ſo often when the caſe ſhall ſo fall out ; we will and grant, for us, our peers, and ſucceſſors, that the four and twenty, who have been the laſt Ele&tors of the ſaid Mayor, and other officers of the ſaid town and county, or the greater part ef them then preſent, or willing to be preſent, every year, ilpon the Monday next aſter the feaſt of St. Michael, the Archangel, may have, and ſhall have full power of chuſ. ing and nominating, and may and can chuſe the Mayor of the ſaid town, and all other eligible officers of the ſaid town and county, and every of them, in manner and form “aforeſaid, and may execute and do, from time to time, all J 1 ſuch things which the ſaid four and twenty Electors might do, or ſhould have done, if they had been rightly elected and nominated; which ſaid Mayor, and all and fingular other officers of the ſaid town and county, and every of them ſo eleēted and nominated, ſhall remain in their ſeve- ral offices for one whole year, then next following, if they the ſame, ſo eleēted and nominated ſhall ſo long live or well behave themſelves in the ſame ; a corporal oath upon the holy Evangeliſts of God, by every of them ſo elected and nominated, concerning the right diſcharging and perform- ing of their office, being firſt taken in manner and form as aforeſaid, as in all times hath been uſed in the ſaid town, and accuſtomed for taking their oaths as aforeſaid there- upon. And furthermore, we will, and by theſe preſents, for us, our heirs, and ſucceſſors, give and grant to the ſaid Mayor and Burgeſſes, and their ſucceſſors, that all and every ſuch like perſon or perſons, ſo eleēted and nominated in manner and form laſt mentioned, may execute and exerciſe all and ſingular the things any way concerning the ſaid offices, in all things, and through all things, and ſo fully and wholly as if they had been eleēted and nominated by the ſaid twenty-four Ele&tors, ſo as aforeſaid failing, deny- ing, refuſing, neglecting, or not being elected, any thing in theſe our letters patent contained to the contrary not- withſtanding. e XVII. And furthermore, for us, our heirs, and ſucceſſors, we give and grant, by theſe preſents, to the ſaid Mayor and Burgeſſes, and their ſucceſſors, that the ſaid Mayor, and the reſt of the Common Council of the ſaid town, for the time being, or the greater part of them, whereof we will the ſaid Mayor, and ſix Aldermen of the ſaid town, to be ſeven, may have, and ſhall have power to disfranchiſe from all liberties and franchiſes of the ſaid town, all and every per- ſon and perſons, who ſhall willingly and obſtimately refuſe or deny, or fail in making the elections aforeſaid, or any of them, or in nominating or chufing every perſon or perſons, by them ſeverally in manner and form aforefaid, to be elected and nominated according to our true intentions, in theſe our letters patent before expreſſed, any thing in theſe our letters patent notwithſtanding. 52 XVIII. And furthermore, of our ſpecial grace, certain knowledge, and mere motion, we do, for us, our heirs, and ſucceſſors, give and grant to the ſaid Mayor and Burgeſſes of the ſaid town, and for their heirs and ſucceſſors, that the men ºf the ſaid twelve ſocieties and myſtelies of the ſaid town, (that is to ſay) Merchants of woollen cloth, called Drapers, Mercers, Skinners, Taylors, Merchants of Colm, or otherwiſe called Booth-men, Bakers, Tanners, Cordwainers, Sadlers, Butchers, Smiths, and Fullers, at the time and place hitherto uſed and accuſtomed, in man- ner and form aforeſaid in the ſaid town, may nominate and appoint twenty-four Burgeſſes of the ſame town, being of the ſeveral myſteries or ſocieties aforeſaid, as the manner is, to be Auditors, to receive and audit all the acts of the Cham- berlains of the ſaid town, for the time being, concerning the rents and revenues of the ſaid town, for the time being, and concerning all the profits of the ſaid town, touching the office of the ſaid Chamberlains. And that the ſaid Auditors, or any of them, may not accept, receive, or allow any thing or things to themſelves, or to the aforeſaid Chamberlains, or any of them, for the time being, of the revenues and ſums of money, pertaining or belonging to the ſaid Mayor and Burgeſſes, and their ſucceſſors, or of the receipts and profits of their offices of Chamberlains, or any of them, for their labour in their myſteries and ſervices of that ſort laid out, or to be laid out, only theſe allowances which are or may be allowed or made by the Mayor aad Common Council of the ſaid town, for the time being, or the greater part of them, whereof we will the Mayor and fix Aldermen of the ſaid town, to be ſeven, for any particular ſum of money laid forth and diſburſed ; and the ſaid: Auditors, and every of them, in all things to bear and behave themſelves, accord- ing to the tenure of a certain decree or ordinance of the third and fourth year of the reign of King Philip and Queen Mary, ſole King and Queen of England, by Nicholas then Archbiſhop of York, the then Chancellor of England, William the then Marquis of Winton, the then high Trea- ſurer of England, and other Nobles of the Privy Council of the ſaid King and Queen, thereupon had and made, and in our chancery engroſſed, and entered upon record. 53 XIX. And furthermore, we will, and by theſe preſents, for us, our heirs, and ſucceſſors, do give and grant to the faid Mayor and Burgeſſes, and their ſucceſſors, that all the Auditors aforeſaid, ſo nominated and appointed, together, may have and receive, every day, wherein they ſhall be attendant in executing the premiſes, and auditing the ac- counts aforeſaid, for their labour and diet, thirteen ſhillings and fourpence, and no more, to be paid to them out of the rents and revenues of the ſaid town, and amongſt them equally to be divided and diſtributed : And that every of the ſaid Auditors, before he preſume to execute the premiſes, ſhall take a corporal oath, before the ſaid Mayor of the ſaid town, for the time being, for and concerning the right of executing his duty and office, in theſe Engliſh words fol- lowing, viz. “You ſhall duly here, reaſonably attend the accompts of the Chamberlains of this town, for this preſent year, touching all manner of iſſues, profits, and commo- dities belonging to the Mayor and Burgeſſes of this town of Newcaſtle upon Tyne, as hath been accuſtomed, and no allowance make but to ſuch as are, and ſhall be made and allowed by the Mayor and the reſt of the Common Council of the ſame town, or the moſt part of them, whereof this preſent Mayor and ſix Aldermen, to be ſeven; and for any particular ſum of money only laid out and diſburſed, or to be laid forth and diſburſed this preſent year, whereby the ſaid Mayor and Burgeſſes may be duly aſſured and ſatisfied of the ſaid iſſues and profits in every reſpect.— So help you God.” XX. We will alſo, and by theſe preſents, for us, cur heirs, and ſucceſſors, do grant to the aforeſaid Mayor and Burgeſſes of the aforeſaid town, and their ſucceſſors, that the Mayor, Recorder, and Aldermen of the ſaid town, for the time being, five or more of them, whereof we will the aforeſaid Mayor and Recorder, to be two, from time to time, for the future, to be Juſtices of us, our heirs, and ſuc- ceſſors, to hold gaol deliveries of and for the ſaid town, of the priſoners of and in the ſame to be committed to the ſaid gaol, for any cauſe from time to time; and that the Coroners and Sheriff of the town and county aforeſaid, and every of them, for the time being, from time to time, make to be returned all juries, inquiſitions, pannels, attachments, 54 and indentures, by them, and every of them, taken, and hereafter to be taken before the ſaid Mayor, Recorder, and Aldermen of the town aforeſaid, for the time being, five or more of them, whereof we will the aforeſaid Mayor and Recorder to be two, when and as often as they ſhall think fit to deliver the gaol of the priſoners in the ſame being, and if they be attendant to them in all deliveries touching the gaol aforeſaid; and that they execute, from time to time, the precepts of the Mayor, Recorder, and Aldermen, for the time being, being five or more of them, whereof we will the aforeſaid Mayor and Recorder to be two, in the ſame manner and form as any Sheriff or Coroners of any county within our kingdom of England, at the gaol deli- veries in any county of our ſaid kingdom, have uſed to make, return, intend, and execute any manner of way by the laws of this kingdom of England; and that the ſame Mayor, Recorder, and Aldermen, and their ſucceſſors, five or more of them, whereof we will the ſaid Mayor and Recorder to be two, have, and ſhall have full power and authority to erect a gallows within the town or liberties thereof, to hang' felons, murderers, and other malefactors, within the town aforeſaid, and county of the ſaid town, ac- cording to the laws and cuſtoms of England adjudged. And that the Mayor, Recorder, and Aldermèn of the faid town, for the time being, five or more of them, where- of we will the Mayor and Recorder to be two, may, by themſelves, or their miniſters, or deputies in the ſaid town, take and arreſt whatever murderers, felons, and other m lefactors within the town and county aforeſaid, there to be ſafely kept, until by due proceſs of law they be deliver- ed, any other ordinance or cuſtom to the contrary not- withſtanding. XXI. And moreover, for the bettering of the ſaid corporation, we will, and by theſe our letters patent, we declare our gracious royal intentions towards the Burgeſſes of the town, of Newcaſtle upon Tyne aforeſaid, and to the Mayor and Burgeſſes, and their ſucceſſors, give and grant, by theſe preſents, for us, our heirs, and ſucceſſors, that every free Burgeſs of the town aforeſaid, being a free Bur- geſs of the town, or which in future ſhall be a free Burgeſs of the ſame town, by reaſon of his due ſervice as an ap- } 55 prentice to any free burgeſs of any free myſtery uſed in the ſaid town, or by reaſon that ſuch a free Burgeſs is or ſhall be the ſon of any ſuch Burgeſs, as was or ſhall be a free Burgeſs of any free myſtery uſed in the ſaid town, and no other or others may and ought to be admitted into the fraternity of Hoaſtmen of the ſaid town, and accounted and uſed in all things as a brother of the ſaid fraternity of Hoaſtmen, if he ſhall deſire the ſame*, and pay for his ad- miſſion into the ſaid fraternity, to the governor, ſtewards, and brethren of the ſaid fratermity, or to their miniſter or officer in that behalf, fifty-three ſhillings and fourpence of lawful Engliſh money, and no more ; and that any perſon. which is, or ſhall be a free Burgeſs of the ſaid town, by reaſon that he is the ſon or apprentice of any brother of the fraternity of Hoaſtmen, may, and ought to be admitted into the fraternity of Hoaſtmen aforeſaid, and accounted and uſed in all things as a brother of the ſaid fraternity, if he ſhall the ſame require; and that every ſuch perſon ſo admitted into the ſaid fraternity of Hoaſtmen, pay for his admiſſion aforeſaid, to the aforeſaid governor, ſtewards, or brethren of the ſaid fraternity, for the time being, or to their miniſter or officer in that behalf, thirty-three ſhillings and fourpence, and no more. ‘º. XXII. And further, of our more ample grace, certain knowledge, and mere motion, we will, and by theſe pre- ſents, for us, our heirs, and ſucceſſors, do give and grant to the ſaid Mayor and Burgeſſes, and their ſucceſſors, that they, the town aforeſaid, with all rights, and all nembers and appurtenances, and alſo all the ſame and ſuch like cuſtoms and liberties, privileges, fianchiſes, immunities, exceptions, eaſements, juriſdićtions, and hereditaments, whatſoever, ſo many and great as have heretofore been granted unto them, or their predeceſſors, by cur Charter of any of our progenitors, which are not contrary or re- * In 1603, a complaint was made to the King, of great wrongs done to the Mayor and Burgeſſes of Newcaſtle, by the Hoaſtmen of that town. This matter, which appears to have ariſen from re- fuſing to admit into that fraternity ſuch as were free of the twelve myſteries of the town, was referred to the Lord Preſident and Coun- cil of the North, at York; who made a decree, December 21, 1603, in conſequence of which great numbers out of the myſteries were admitted free Hoſts, Brand. t *. 56 pugnant to the liberties and conceſſions in theſe our letters patents expreſſed, given, and granted ; and alſo all and fingular the ſame, and thoſe cuſtoms, liberties, and privi- leges, franchiſes, immunities, eaſements, exemptions, juriſ- dićtions, and hereditaments, which the good men of the town of Newcaſtle upon Tyne, and which the Burgeſſes and good men of the town of Newcaſtle upon Tyne, and which the commonalty of the town of Newcaſtle upon Tyne, and which the Mayor and Bulgeſſes of the town of Newcaſtle upon Tyne, or any of them, by whatſoever name or names, or howſoever incorporated, or by reaſon of what corporation ſoever they have heretofore had, held, uſed, or enjoyed, by reaſon of any Charter or letters patent, or by us, or any of our progenitors, by any means hereto- fore made or granted, or confirmed, or by any other law- ful means, light, cuſtom, uſe, preſcription, or title, hereto- fore lawfully uſed, had, or accuſtomed, which are not con- trary to the conceſſions and liberties in thoſe letters patents expreſſed, given, and granted. To have, hold, and enjoy the aforeſaid town, and all and fingular the aforeſaid cuſtoms, liberties, and privileges, franchiſes, immunities, exemptions, eaſements, juriſdićtions, and all and fingular other the premiſes, with their appur- tenances, which are not contrary to the liberties and con- ceſſions in theſe our letters patents, expreſſed unto the ſaid Mayor and Burgeſſes of the ſaid town, and their ſucceſſors for ever, to be held to the uſe of the ſaid Mayor and Bur- geſſes, and their ſucceſſors for ever, of us, our heirs, and ſucceſſors, in fee farm, rendering and paying therefore yearly value to us, our heirs, and ſucceſſors, the ancient fee farm of one hungred pounds of the lawful money of England, at the feaſt of St. Michael, the Archangel ..only, for all other ſervices, exactions, and demands therefore to be rendered, paid, or done to us, our heirs, and ſucceſſors. And further, we will and firmly command, for us, our heirs, and ſucceſſors, that the aforeſaid Mayor and Bur- geſſes of the ſaid town, and their ſucceſſors, for ever may have all ſuch liberties, cuſtoms, privileges, franchiſes, im- munitios, exemptions, eaſements, juriſdićtions, and all and ſingular other the premiſes, with their appurtenances, which are not contrary or repugnant to the liberties and 57 conceſſions in theſe our letters patent expreſſed, given, and granted; and the ſame from henceforth freely, and without the impediment of any, may uſe for ever, any abuſe, non- uſe, or forfeiture, to the contrary in wiſe notwithſtanding. We will, and alſo by theſe preſents, for us, our heirs, and ſucceſſors, do grant to the ſaid Mayor and Burgeſſes, and to their ſucceſſors, to the town aforeſaid, that they may have, and ſhall have theſe our letters patents, under our great ſeal of England, in due manner made and ſealed, without fine or fee to uſe (in our hamper, or elſewhere for our uſe) therefore any way to be paid or done for the ſame, that there is not expreſs mention of the true yearly value, or of any other value, or of the certainty of the premiſes, or any of them, or of the other gifts and grants by us, or any of our anceſtors, heretofore granted to the ſaid Mayor and Burgeſſes, made in theſe preſents, or any ſtatute, aćt, or ordinance, permiſſion, proclamation, or reſtrićtion heretofore had, made, ſet forth, ordained, or provided to the contrary thereof, or any other matter, thing, or cauſe whatſoever, in any wiſe notwithſtanding. In witneſs whereof, we have cauſed theſe our letters patent to be made; teſtes myſelf, at Weſtminſter, the 31ſt. day of March, in the year of our reign of England, France, and Ireland the 2d. of Scotland the 37th. —-mºsºm- PRIVILEGES. HAVING taken a general view of the Grants and Charters, by which the rights and municipal franchiſes of the free Burgeſſes of Newcaſtle have been obtained and ſecured, from a very remote period, we will now proceed to de- ſcribe ſome of thoſe Privileges and Cuſtoms, that are or ought to be poſſeſſed by thoſe, for whoſe benefit they were originally intended. We will begin with *. THE TOWN MOOR. This was the right of the town, and accounted ſo in the reign of King Edward III, who, in the firſt Charter he gave the town, confirmed to the Burgeſſes all their former *w- 5 CJ privileges, their holding of thoſe lands, working coals, ſtones, &c. for their advantage and profit. NUNS’ MOOR. In the fourth year of Henry VIII. Dame Joan, prioreſs of the monaſtry of St. Bartholomew and the convent of the ſame, granted a leaſe of the Nuns’ Moor, for one hundred years, at the annual rent of twenty-three ſhillings and four- pence, to the Mayor and commonalty of Newcaſtle. After the diſſolution of the aforeſaid monaſtry, it became the property, by royal grants, of ſeveral gentlemen: and in the year 1651, it was purchaſed from Mr. Charles Brand- ling, of Gateſhead, by the Corporation of Newcaſtle, who annexed it to the Town Moor. Thus this vaſt extent of land, now generally named the Town Moor, has been conveyed down, from time imme- morial, to the free Burgeſſes of Newcaſtle; who confider it, not only as the moſt ſubſtantial malk of the paternal regard of their forefathers, for the real intereſts of their poſterity, but alſo as it conſtitutes the unalienable, and the moſt valuable part of their franchiſes and property, as Burgeſſes and Freemen. w This valuable tract of ground had long been the obječt of attention, by the governing part of the Corporation. In the year 1739, an advertiſement appeared in the Newcaſtle Courant paper “to let the Colliery of the Town Moor, &c.” But this the propoſers afterwards relinquiſhed. Hence, it appears, that the deſign entertained by the Colporation, of claiming the royalty, minerals, and ſurface of this exten- five property, was not ſuddenly taken up, in 1770; the open avowal of which occaſioned the famous trial, of which we will here give an impartial account. On the 31ſt of Dec. 1771, that part of the Town Moor lying on the weſt ſide of the weſtern turnpike-road, from Gallow-gate Quarry to the weſt Cow-gate, containing about eighty-nine acres, was, in purſuance of an order of Common Council, advertiſed “to be let, for the purpoſe of being cultivated and improved.” This made the Freemen very uneaſy, and they began al- moſt unanimouſly to oppoſe openly the proceedings of the * See the Newcaſtle Courant of that date. 59 Magiſtrates: they, however, kept up their dignity, and treated every thing with contempt which was done on the Burgeſſes’ pait; they encloſed, let, and the Leſſee built. —The Burgeſſes ačted another way, with more propriety and moderation, though with equal ſpirit: they ſummoned meetings of the companies, ſubſcribed money, and almoſt unanimouſly agreed to try the matter, at law. A Cºm- mittee was choſen for that purpoſe, and formal notice font to the Magiſtrates and Leſſee, that they meant to commit fufficient damage for them to ground an action of tieſpaſs, if they thought it could be proved ſuch ; and ſeveral of the Committee met, and executed it by pulling down part of the fence and breaking a gate; on which the Leſſee, ſup- ported by the Magiſtrates, commenced a ſuit. , Treates were entered into, but nothing could be done that way : the Magiſtrates abated nothing of their claim, and feerned to wonder the Burgeſſes ſhould doubt, in the leaſt, their aćting only for the good of the whole; and even aſked if they could ſuſpect any of them wanted to ſhare it them- ſelves. The Burgeſſes, on their part, obſerved, that grant- ing the Magiſtrates, then in office, were as honeſt and diſ- intereſted as they could with themſelves to be thought, yet as they could not even entail their own piivate fortunes on their poſterity, for any time, how much more difficult was it to entail their virtues on their ſucceſſors in office and though they might ſafely promiſe, on their own part, never to abuſe their truſt, they could not do as much for thoſe who might ſucceed them. When things were brought to this point, and all hopes of accommodating matters were at an end, it was agreed to appeal to law for a deciſion, It is painful to relate, the whole weight of the town’s treaſury was employed in cruſhing" the rights and privileges of its Freemen; thoſe lights and privileges ſo clearly granted by Charter, and which it ought ſolely to have been employed to defend; and, as is too commonly the caſe, the very pulpit was proſ. tituted to purty purpoſes. In this deſperate ſtate was the Burgeſſes, when application was made to Serjeant Glynn, (then Recorder of London) to come and plead their cauſe. The Serjeant, or examining the merits of the caſe, as cheel fully complied with the requeſt: and well E 2 60 may Caeſar’s expreſſion be here uſed, “He came—ſaw— and conquered. ” The cauſe was opened by Counſellor Wallace, cn behalf of the proſecution. Seljeant Glynn admitted the treſpaſs, and claimed the right of pleading to the cuſtom ; which being allowed, he pioved, by the Chalter cf King John,* which was confirmed by King Edward III.f. and other fucceeding monarchs of England, to the town of Nºw caſtle upon Tyne, that the Town Moor had been unalienably granted to the 13urgeſſes of Newcaſtle, and their ſucceſſons for ever, under a certain fee faim rent, paid by them to the crown, previous to the reign of King John ; which King Edward had not only confirmed, but granted the fur- ther privilege of digging coals, ſtones, mines, minerals, &c. therein, for their own uſe and benefit, without any let cr hinderance from him, his heirs and ſucceſſors. He alſo adverted to the later cuſtom of the reſident Burgeſſes, and the reſident widows of Burgeſſes, depaſtuting their miich cows thereon, under certain regulations for the benefit of the general paſturage. The rights of the Burgeſſes, in this caſe, were demon- ſtrated, by the learned Counſellor, in ſuch a full, explicit, and impreſſive manner, to the ſatisfaction of a crowded court, that, when he cloſed his eloquent defence, and Counſellor Wallace was aſked if he did not mean to make a reply, the latter returned this memorable anſwer—“How “can I reply He has pounded me in a Common, and “I cannot get out.” It was manifeſt to every one preſent, that the Magiſtrates could not ſay a word in ſupport of their claim of a right to let the Moor, (which was what they contended for) but ſeemed entirely diſconcerted; when, with ſome trouble to the Judge, and pains taken by the Council, a Juror was withdrawn, and a rule of court agreed on, by the Magi- ſtrates giving up their pretenſions, and ſubmitting to pay 42. 300 coſts; and alſo, that an Aćt of Parliament ſhould be jointly ſolicited, (at the Corporation expence) to enable the Burgeſſes to let part of the common; the rent to be divided, by the Stewards of the reſpective companies, amongſt their poor brethren and widows, * See page 10, + See page 14. 61 In commemoration of this event, and as a reward to the Committee, who condućted the cauſe of the Burgeſſes, the members thereof were unanimouſly preſented with the freedom of ſeveral of the companies: that of the Taylors preſented each of the Committee with a gold ring, in the fignet of each of which, under a cryſtal, was repreſented, Liberty ſleping out of her Temple, with a label proceeding from her mouth, inſcribed—“Town Moor ſaved, Auguſt 10th. 1773.” On the infide—“Concordia parvia res cres- cunt:” By concord ſmall things increaſe. Round the in- ner verge—“Taylors’ Company to.......” (naming each mem- ber); and round the outer verge this motto—“ Vox Populi wox Dei :” The voice of the People is the voice of God. THE ACT OF PARLIAMENT Obtained in conſequence of the Rule made at the Aſſizes, was as follows. A BILL for confirming to the reſident Freemen and Burgeſſes, and to the reſident Widows of Freemen or Burgeſſer deceaſed, of the Town of Newcaſtle upon Tyne, their full Right and Benefit to the Herbage of the Town Moor, Caftle Leazer, and Nuns’ Moor, within the Libertier of the ſaid Town, for two Milch-Cows each, in ſuch Manner as has been uſed; and for improving the Herbage of the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor reſpeãively. WHERE AS ſome differences and controverſies have ariſen between the Mayor, Aldermen, Sheriff, and the reſt of the Common Council of the town of Newcaſtle upon Tyne, in the county of the town of Newcaſtle upon Tyne, and the Freemen or Burgeſſes of the ſaid town, touching the Town Moor, fituate within the liberties of the ſaid town and county of the town of Newcaſtle upon Tyne. And whereas at the laſt Aſlizes held in and for the town of Newcaſtle upon Tyne, in the county of the town of Newcaſtle upon Tyne, an action of treſpais then depending in his Majeſty’s court of common pleas at Weſtminſter, came on to be tried between Joſhua Hopper, who claimed part of the ſaid Town Moor under a leaſe, to which the common ſeal of the Corporation of Newcaſtle upon Tyne E 3 62 aforeſaid, had been put by the Mayor, Aldermen, Sheriff, and the reſt of the Common Council, or the major part of them, in Common Council affembled, plaintiff; and Nath. Bayles and Henry Gibſon, two of the Freemen and Bur- geſſes of the ſaid town, and reſident within the ſaid town, defendants; an Order of Aſſize was made in the words following (that is to ſay):— “Town of Newcaſtle upon Tyne, and county of the fame town. At the Aſſizes held at the Guildhall of the ſaid town, in and for the ſaid town and county of the ſame, on Saturday the 7th day of Auguſt, in the 13th year of the reign of our Sovereign Lord George the Third, by the grace of GoD now King of Great Britain, &c. before the Hon. Sir Henry Gould, Knt. one of the Juſtices of his Majeſty’s court of common pleas, and Sir Wm. Blackiſton, Knt. one other of the Juſtices of the ſame court, two of his Majeſty’s Juſtices aſſigned to take the Aſſizes according to the ſtatute, &c. HoPPER againſt BAY les, & al. It is ordered, by the conſent of the ſaid parties, their Council and Attorneys, that the laſt juror of the jury impanelled and ſworn in this cauſe, ſhall be withdrawn from the pan- nel, and by the conſent of Wm. Gibſon, Eſq. Town Clerk of Newcaſtle upon Tyne aforeſaid, on behalf of the Com- mon Council of Newcaſtle aforeſaid, who being preſent here in court, agrees to become a party to this order. It is agreed and ordered, that an application ſhall be made ſor an Aćt of Parliament, to eſtabliſh for ever to the reſident Freemen, and the reſident widows of deceaſed Freemen of the town of Newcaſtle aforeſaid, the full right and be- nefit to the herbage of the Town Moor, for two milch cews, in the manner which has been uſed, ſubjećt to ſuch reſtrićtions and regulations as ſhall be adjudged neceſſary for the culture and improvement of the common, and ſhall be preſcribed in the ačt; and which are to be ſettled and agreed upon by two proper perſons, one to be named by the Common Council, and the other by the Stewards of the companies, or the major part of them : ſuch two per- ſons to be named before the firſt day of November next; and in caſe they cannot agree, they two are to chuſe a third perſon, for the purpoſe aforeſaid, by agreement or ballot. And it is further ordered, that the rents to ariſe from the 63 leaſes of parts of the Town Moor aforeſaid, (which may be made for the purpoſe of improving the common) ſhall be applied to the uſe of the poor Freemen, and poor widows of Freemen, in the manner to be preſcribed by the ſaid Aét. And it is alſo ordered, that the quantity to be in- cloſed for improvement, at any one period, ſhall not exceed 100 acres ; and that ſuch rights ſhall be reſerved to the Corporation of Newcaſtle, as owners of the ſoil, as they are entitled unto. And it is alſo ordered, that the expences of the ſaid Aćt, and alſo the coſts in this aétion of the plain- tiff, and the coſts (not exceeding 6,300) of the defendants, ſhall be paid out of the public revenues of the ſaid Cor- poration. And laſtly, It is ordered, that all palties per- form this order, and that this order ſhall be made a rule of his Majeſty's court of common pleas, if the Juſtices of the ſaid court ſhall ſo pleaſe. By the Court, RIGGE.” And whereas, in purſuance of the ſaid agreement and Order of Aſſize, before the 1ſt day of Nov. now laſt paſt, the Mayor, Aldermen, Sheriff, and the reſt of the Com- mon Council, in Common Common aſſembled, named Henry Atkinſon, Hoaſtman; and the Stewards of the com- panies of the ſaid town, or the major part of them, named John Coulter, of Newcaſtle upon Tyne, Merchant, to ſettle and agree upon proper reſtrićtions and regulations, neceſſary for the culture and improvement of the ſaid Town Moor; and the ſaid Henry Atkinſon, and John Coulter, not having ſettled and agreed upon any reſtrićtions and regulations, neceſſary for the culture and improvement of the ſaid Town Moor; and not having choſe a third perſon for the purpoſe aforeſaid, by agreement or ballot, as direéted by the ſaid Order of Aſſize, the Mayor, Aldermen, Sheriff, and the reſt of the Common Council of the ſaid town of Newcaſtle upon Tyne, in the county of the town of Newcaſtle upon Tyne, in Common Council aſſembled; and the Stewards and Wardens of the ſaid companies, have agreed upon certain terms, reſtriótions, and regulations, for the culture and improvement of the ſaid Town Moor; and alſo of certain other tracts or parcels of ground, called the Caſtle Leazes, and Nuns' Moor, adjoining to the ſaid Town Moor, 64. as herein after mentioned. But although the ſaid agree- ment and Order of Aſſize is calculated and intended for the benefit of the reſident Freemen or Burgeſſes, and reſident widows of deceaſed Freemen or Burgeſſes, of the ſaid town and county of the town of Newcaſtle upon Tyne; yet the ſame cannot be effectually carried into execution without the aid of l’arliament: JWherefore may it pleaſe your Majeſty, That it may be enacted, and be it enađed by the King’s moſt excellent Majeſty, by and with the advice and conſent of the Lords Spiritual and Temporal, and Commons in this preſent Parliament aſſembled, and by the authority of the fame, That the full right and benefit to the herbage of the ſaid parcels of ground, called the Town Moor, Caſtle Leazes, and Nuns’ Moor, for two milch cows reſpectively, in ſuch manner as has been uſed, ſhall be, and is hereby confirmed and eſtabliſhed to the reſident Freemen or Bur- geſſes of the ſaid town of Newcaſtle upon Tyne, and reſi- dent widows of deceaſed Freemen or Burgeſſes of the ſame town, for ever; but that ſuch right and benefit ſhall be ſubjećt to ſuch demiſes, reſtrićtions, and regulations for the culture and improvement of the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, as herein after mentioned. And for preventing fraud and impoſition in the grazing of cows on the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor; and to ſuch ſavings and reſervations as are hereafter con- tained; be it further enaëled, by the authority aforeſaid, That no reſident Freemen or Burgeſs, or reſident widow of any deceaſed Freemen or Burgeſs of the ſaid town, ſhall be permitted to put any cow on the ſaid Town Moor, Caſtle Leazes, or Nuns' Moor, without firſt making oath, or being one of the people called Quakers, affirmation, be- fore ſome juſtice of the peace, for the ſaid town of New- caſtle upon Tyne, in the county of the town of Newcaſtle upon Tyne, (which oath or affirmation ſuch juſtice is here- by empowered to adminſter) that ſuch cow is his or her own property, really and bona fide, and is ačtually in milk or with calf, and intended to be kept a milch cow for his or her own uſe and benefit, and not intended to be fatted for ſale or ſlaughter; and that a book or books ſhall be kept in the Town Clerk’s office, in which ſhall be inſerted, from time to time, the name of every perſon making oath 65 sor affirmation as aforeſaid; and the marks and deſcriptions of their reſpective cows, and the name of the herd under whoſe care they are reſpectively to be put; and a tran- ſcript of which book or books ſhall be given to and kept by the reſpective herds of the ſaid Town Moor, Caſtle Leaſes, and Nuns’ Moor, for the inſpection of the Freemen or Burgeſſes of the ſaid town. And be it alſo enaëled, by the authority aforeſaid, that for the purpoſe of improving the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, leaſes ſhall and may, from time to time, and at all times, for ever hereafter, be made of different parts thereof, in manner herein after mentioned; fo as the quantity to be incloſed for ſuch improvement, does not at any one time exceed 100 acres. And be it further enađed, by the authority aforeſaid, that the Stew- ards and Wardens of the ſeveral companies of the ſaid town of Newcaſtle upon Tyne, or the major part of them, aſſembled, whenever they ſhall be deſirous to have any part of the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, incloſed for improvement, ſhall fignify the ſame in writing ...to the Mayor, for the time being, of the ſaid Corporation; and ſhall ſpecify, in ſuch writing, the particular part or parts thereof reſpectively, not exceeding 100 acres, prepoſed to be incloſed for ſuch improvement; and thereupon the -part or parcel of ground, ſo propoſed to be incloſed for im- provement, together with the terms, conditions, regulations, and reſtrićtions in every leaſe thereof to be made, as herein aftermentioned, ſhall be thrice adveriſed by the Town Clerk, and at the expence of the ſaid Corporation, in all the public inewſpapers publiſhed at Newcaſtle upon Tyne aforeſaid; and in ſuch advertiſement a day in the firſt week of the month of September, preceeding the commencement of any leaſe to be made as herein after mentioned, ſhall be fixed upon for letting the ſame, by the ſaid Town Clerk, in the Guildhall of Newcaſtle upon Tyne aforeſaid, to the high- eſt bidder or bidders: and in caſe no bidder or biddel's ſhall appear upon the ſaid day appointed for letting the ſame as aforeſaid, or being ſuch, the higheſt bidder ſhall not be able to give the ſecurity herein after mentioned, the ſame ſhall be forthwith again advertiſed for letting, in man- ner aforeſaid, on ſome day in the third week of the ſame 66 month of September, in the Guildhall aforeſaid, to the high- eſt bidder or bidders. And the higheſt bidder or bidders ſhall give ſecurity, to be approved of by the Town Clerk, for payment of the rent, to be reſerved by, and perform- ance of the covenants to be contained in, the leaſe or leaſes of the ſaid pieces or parcels of ground to be demiſed ; in which leaſe or leaſes ſhall be inſerted and contained, the following provisoes, clauſes, conditions, and agreements : (that is to ſay) Every ſuch leaſe ſhall be for a term of ſeven years only, and no longer; and ſhall commence from the 11th day of Nov. next after the part or parcel of ground , ſo to be demiſed ſhall be put up to be let as aforeſaid ; and that the Leſſee or Leſſees, in every leaſe ſo to be made, ſhall covenant to ſummer-fallow the whole of the demiſed premiſſes in the third year and ſixth year'of the ſaid term; to lay four fothers of clod lime upon cach acre thereof the third year; and four fothers of clod lime, and fifteen fothers of good manure, on each acre thereof the fixth year; and in each of the ſaid third and ſixth years of the ſaid term, to plough and harrow the fallow ground five times, at the moſt proper ſeaſons; alſo to give the lands ſufficient ploughings at other times during the leaſe, and otherwiſe to manage and cultivate the ſame according to the moſt approved courſe of huſbandry in that neighbourhood. Alſo to make cuts and trenches in ſuch parts of the demiſ- ed premiſſes, where the ſame ſhall be neceſſary, for draining and carrying off the ſtanding water; alſo to ſow the pre- miſſes with barley the laſt year of the ſaid term ; and then alſo to ſow ten buſhels of good hay ſeeds, and ſeven pounds of white clover ſeed, on every acre thereof, in the proper manner for laying land down to graſs, and not to eat the ſtubble, or put any cattle thereon, after the laſt crop; alſo to incloſe the demiſed premiſſes with ſufficient fences; alſo to enter into all ſuch other covenants, proviſoes, and agree- ments, as are uſual on the Leſſees’ pait; and in caſe any ſuch leaſe ſhall be made and executed before the feaſt day of St. Michael, the Archangel, next after the putting up any ſuch part or parcel of ground to be let as aforeſaid, there ſhall be contained in every ſuch leaſe, liberty for the Leſſee or Leſſees to enter upon the demiſed premiſſes upon the ſaid feaſt day of St. Michael, the Archangel, preced- 67 ing the commencement of every ſuch leaſe, in order to make fences and prepare the ground for the firſt year's crop; in which ſaid leaſes, reſpectively, ſhall be contained a proviſo, reſerving to the Corporation, as owners of the ſoil of the ſaid parcels of ground ſo to be demiſed, all ſuch rights as they are entitled unto, making a ſatisfaction to the tenants thereof for any damage they may ſuſtain by the exerciſe of ſuch right. JProvided always, That in every caſe where no leaſe ſhall be made and executed, after any part or parcel of ground ſhall be put up to be let as afoleſaid, within the time afore- ſaid, it ſhall and may be lawful to and for the perſon cr perſons who ſhall be the higheſt bidder, as aforeſaid, and ſhall have given ſecurity as aforeſaid, his, her, or their aflignee or aſſigns, to enter into and upon the ſaid part cr parcel of ground, upon the ſaid feaſt-day of St. Michael, the Archangel, then next before the commencement of the term for which any ſuch part or parcel of glound ſhall be put up to be let, in manner, and for the purpoſes aforeſaid; and that after ſuch leaſe or leaſes ſhall be prepared, the Town Clerk, for the time being, of the ſaid Corporation, ſhall give notice thereof (in writing) to the Mayor of the ſaid Corporation, who ſhall, within ten days, or as ſoon after as conveniently may be, ſummon a Common Council to meet; and that the ſaid Common Council ſhall there- upon aſſemble, and affix the common ſeal of the ſaid Cor- poration to ſuch leaſe or leaſes; the Leſſee or Leflees, at the ſame time, executing a counter-part or counter-parts thereof. And be it further ena&ted, That at the end of the ſeventh year next aſter the commencement of the firſt of the ſaid leaſes, and at the end of every ſucceſſive ſeventh year after- wards, another lot or parcel of the ſaid Town Mloor, Caſtle Leazes, or Nuns’ Moor, ſhall and may be pointed out by the Stewards and Wardens of the ſaid companies, or the major part of them aſſembled, whether ſuch part or parcel of ground ſhall have been before in a ſtate of cultivation and improvement, by letting the ſame as aforeſaid, or not; and ſhall and may in like manner be let to any perſon or perſons, on ſuch terms and conditions as aforeſaid, and ſo Íucceſſively ſor ever. Provided, that no part of the Caſtle 68 Teazes ſhall be let or broke up, or any part of the ſaid Town Moor, Caſtle Leazes, or Nuns’ Moor, be let or de- miſed a ſecond time, until the whole of the ſaid Town Moor, Caſtle Leazes, and Nuns' Moor, ſhall have been let and put into a ſtate of improvement or cultivation as aforeſaid. Provided alſo and be it enaëted, That no demiſe ſhall be made by virtue of this Aét, of a certain parcel of the ſaid Town Moor, called the Cow-hill, and ſuch part of the Town Moor adjoining the ſame, as ſhall be neceſſary for holding the fairs commonly called the Cow-hill fairs; nor of ano- ther parcel of the ſaid Town Moor, called the Race-ground; nor of any part of the Town Moor, lying within the inner ditches of the ſaid Race-ground, nor of any part thereof lying within twenty yards of the outer ditches of the Race- ground; nor on any part of the ſaid Town Moor where any booth or booths, ſtall or ſtalls, ſtand or ſtands, lut or huts, or other temporary erections have been uſually made or ſet up during the holding of any of the ſaid fairs or horſe races reſpectively; but the ſame ſhall be preſerved for fails and horſe races as heretofore, any thing herein contained to the contrary thereof, in any wiſe, notwithſtanding. And be it ſurther enaëted, by the authority aforeſaid, that the rents to be reſerved in or by every leaſe to be made as aforeſaid, ſhall be paid to the Chamber Clerk of the ſaid Corporation; and that when the ſame ſhall amount to the ſum of €. 100 or upwards, the ſaid Chamber Clerk ſhall ſignify the ſame (in writing) to the Town Clerk of the ſaid Corporation; and the ſaid Town Clerk ſhall thereupon give notice thereof (in writing) to the Stewards and Wardens of the ſeveral companies of the town of Newcaſtle upon Tyne aforeſaid; and the ſaid Stewards and Wardens are hereby required, within one calender month then next following, to meet and aſſemble themſelves together; and the ſaid Stewards and Wardens, or the major part of them, ſhall at ſuch meeting fix upon an appoitionment or diſtribution of fuch ſum of money in the hands of the Chamber Clerk, to and amongſt the poor reſident Freemen or Burgeſſes, and the poor reſident widows of deceaſed Freemen or Burgeſſes of the ſaid town, not having any cow upon the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, or any of them, in 63 fuch rates or proportions as to the ſaid Stewards and War- dens, or the major part of them, ſhall ſeem meet; and ſhall then and there make or cauſe to be made out, a liſt or ſchedule (in writing) containing the names of ſuch poor reſident Freemen or Burgeſſes, and poer reſident widows of deceaſed Freemen or Burgeſſes, to whom ſuch diſtribu- tion ſhall be made, together with the names of the ſtreets or places in which they reſpectively reſide, and the ſums to be paid to each of them reſpectively; and alſo ſpecifying the companies (if any) to which ſuch poor Freemen or Burgeſſes belong; and alſo the companies (if any) to which the huſbands of ſuch poor widows belonged; and which ſaid liſt or ſchedule ſhall be then ſigned by the Stewards or Wardens preſent at ſuch meeting, or the major part of them, with their reſpective names: and the ſaid Stewards and Wardens, or the major part of them, ſhall then (in witing) under their hands, appoint a proper perſon or perſons to receive the ſaid money from the Chamber Clerk, and diſtribute the ſame, according to ſuch appointment or diſtribution; a duplicate of which ſaid liſt or ſchedule, figned as aforeſaid, ſhall be then, or within three days next following, delivered to ſuch perſon or perſons, who ſhall, and is hereby required to pay and diſtribute the ſaid money accordingly, within one month after he ſhall receive the ſame ; and the ſaid Cham- ber Clerk ſhall, and is hereby required, upon ſuch liſt or ſchedule and ſuch appointment delivered to him, to pay ſuch money to the perſon or perſons authoriſed to receive the ſame, for the purpoſe aforeſaid, taking a receipt for the ſaid, money; and the ſaid Chamber Clerk ſhall, and is hereby required, within one week afterwards, to deliver ſuch liſt or ſchedule, ſigned as aforeſaid, to the Town Clerk, to be kept amongſt the records and muniments of the ſaid Corporation. And be it further enaćted, by the authority aforeſaid, That on the expiration of every leaſe to be granted of any of the ſaid lots or parcels of ground, in manner aforeſaid, the lands and hereditaments to be granted by and compriſ- ed in every ſuch leaſe, ſhall be laid open again to the Town Moor, Caſtle Leazes, and Nuns’ Moor, reſpectively, as the caſe ſhall happen; but nevertheleſs ſubject to ſuch regula- F 7O tions and reſtrićtions, for the culture and improvement of the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, as are herein beſore mentioned. * And be it further ena&ted, That two Herds ſhall be ap- pointed as heretofore, to ſee that the rules and orders here- in before mentioned are duly obſerved ; and that the ſaid Herds ſhall be paid in the manner heretofore accuſtomed. And whereas the Town Moor, Caſtle Leazes, and Nuns’ Moor, contain together 1178 acres or thereabouts; and that within and under the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, are coal-mines and quarries; and it may be expedient and advantageous to the Corporation, in or- der to bring the coals of divers other neighbouring col- lieries to the river Tyne, to grant way-leaves over the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, ſome or one of them: It is hereby enaëted and declared, that nothing herein contained ſhall prevent or hinder the ſaid Corpo- ration of Newcaſtle upon Tyne from ſearching for, winning and working all or any of the mines and quarries within or under the ſaid Town Moor, Caſtle Leazes, and Nuns' Moor reſpectively; or from erecting and ſetting up, or cauſing to be erected and ſet up, any fire engine or fire en- engines, or other engine or engines, or any other erections or buildings, proper and neceſſary for winning and working of all ſuch mines and quarries reſpectively; or from laying any waggon-way or waggon-ways in, upon, or over the ſaid Town Moor, Caſtle Leazes, and Nuns' Moor, or any of them, for carrying or conveying the coals and ſtone to be won or wrotight out of ſuch mines and quarries, unto or towards the river Tyne; or from giving or granting licence and liberty to any perſon or perſons winning or working any colliery or collieries in the neighbourhood of the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, to erect and ſet up, or cauſe to be erected and ſet up, any fire engine or fire engines, or any other engine or engines, on the ſaid Town Moor, Caſtle Leazes, or Nurs’ Moor, for the uſe of ſuch other colliery or collieries; or from grant- ing licence and liberty for the laying any waggon-way or waggon-ways in, upon, or over the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, or any of them, for the carryin or conveying of the coals from ſuch other colliery or .# * 71 lieries, unto or towards the ſaid river Tyne; or from making any water courſe or water courſes for the carrying away the water from all and every colliery and collieries, as well within the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, or any ſuch other colliery or collieries, for the purpoſes whereof ſuch fire engine or fire engines ſhall be erected ; or from granting any other way or ways upon, over or through the ſaid Town Moor, Caſtle Leazes, and Nuns' Moor, or any of them; the ſaid Corporation, and their ſuc- ceſſors and aſſigns, paying as a compenſation for any dam- age or ſpoil of herbage of the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, #3.3 annually for every acre, and ſo in proportion for a leſs quantity than an acre of ſuch parts of the ſaid Town Moor, Caſtle Leazes, and Nuns' Moor, not under any demiſe, as ſhall or may be damaged or ſpoiled by pit room, heap room, or the winning or working of the ſaid mines or quarries; or by the erecting and uſing any fire engine or fire engines, or other engine or engines; and by the laying and uſing any ſuch waggon- way or waggon-ways, or by uſing any other way or ways, to be granted in, over, upon, or through the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, or any of them, during ſuch time as the ſaid parts of the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, ſhall be uſed for the pur- poſes aforeſaid; or to prevent or hinder the ſaid Corpora- tion from granting ſtints upon the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, or any of them, to the miller of the mill on the Caſtle Leazes, the herds, the gaoler, the graſſmen, and the cartmen to the paviors, as the ſaid Cor- poration have heretofore done, or been uſed or accuſtom- ed to do; or ſhall prevent or hinder the ſaid Corporation, their leſſees, tenants, or ſervants, from repairing any re- ſervoir or reſervoirs of water; or repairing any water pipe or water pipes; or making and repairing any new re- ſervoir or reſervoirs of water; or making and laying and repairing any new water pipe or water pipes, in, upon, within, or under the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, or any of them, for the bringing or condućt- ing of water to the town of Newcaſtle upon Tyne afore- ſaid, for the uſe of the inhabitants of the ſaid town, or any of them. And that all, and every road and roads, way and F O 4.4 72 ways, gateway and gateways, now, or at any time hereto- fore uſed, into, upon, over, or through the ſaid Town Moor, Caſtle Leazes, and Nuns' Moor, or any of them, or any parts or part thereof reſpećtively, ſhall be, and the ſame is, and are hereby reſpectively eſtabliſhed and confirmed, any aw, uſage, or cuſtom to the contrary notwithſtanding. And that it ſhall and may be lawful unto, and for all and every the inhabitants of the town and county of the town of Newcaſtle upon Tyne, as well on foot as on horſeback and in carriages, at all times at their free will and pleaſure, to go upon the ſaid Town Moor, Caſtle Leazes, and Nuns' Moor, as well for their health, as for exerciſe and pleaſure, without any manner of denial, diſturbance, or intell uption, or making any ſatisfaction for damage or ſpoil of herbage thereby, as hath heretofore been uſed and accuſtomed, ſave and except on ſuch part or parts of the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, as ſhall be actually under leaſe for cultivation and improvement as aforeſaid; and that nothing in this Aét contained ſhall extend or be deem- ed, conſtrued, or taken to take away, annul, or alter any of the rights which the Corporation of Newcaſtle upon Tyne, as owners of the ſoil of the ſaid Town Moor, Caſtle Leazes, and Nuns’ Moor, are entitled unto. And it is hereby further enabled, by the authority aforeſaid, that all and every ſum and ſums of money to be paid for damage or ſpoil of herbage as herein before mentioned, ſhall be paid to the Chamber Clerk of the ſaid Corpora- tion of Newcaſtle upon Tyne, for the time being, and ſhall be confidered and taken as part of the rents to ariſe by virtue of or under any leaſe or leaſes to be made as herein. before mentioned ; and ſhall be ſubječt to ſuch apportion- ment and diſtribution, together and along with, and as ſuch rents and profits are herein before direéted to be apportion- ed, diſtributed, and paid. ** Saving always to the King's moſt excellent Majeſty, his heirs, and ſucceſſors; and to all and every perſon or per- ſons, bodies politic and corporate, his, her, and their heirs, ſucceſſors, executors, and adminiſtrators, all ſuch eſtate, right, title, intereſt, uſe, truſt, liberty, power, authority, privilege, and benefit of, into, upon, or out of the ſaid pieces or parcels of ground, called the Town Moor, Caſtle 73 Leazes, and Nuns’ Moor, and every of them, and every part and parcel thereof reſpectively, as they or any of them had before the paſſing of this Aét, or could or might have had, held, or enjoyed, or been entitled to, if this Aét had not been made. Since obtaining the above Aćt of Parliament, the Stew- ards of the different companies have formed themſelves into a kind of aſſociated body, to watch over the Town Moor and the other rights and privileges of the Burgeſſes at large. For this purpoſe they appoint an annual Com- mittee, who alſo eleēt a Chairman. The whole body of Stewards is occaſionally convened by the Committee, un- der a penalty for non-attendance. The different Stewards take the ſenſe of their companies on any matter of public import, and report the ſame at the next meeting of the Stewards, when the buſineſs is ſettled according to the opinion of the majority preſent, each voting agreeably to the direction of the company he repreſents. Certain it is, that this body of men, although unauthoriſed, by either Law ör Charter, to act as a body, (except in the particular inſtandes pointed out by the Aćt for the improvement of the common) have, by their ſteady attention to the rights and intereſts of the Burgeſſes in general, obtained the con- fidence of the companies and reſident Freemen; * and they may expect the continuance thereof ſo long as they make no attempt, in public affairs, independent of the Mayor and Burgeſſes aſſembled in Guild. One thing is obvious, that it certainly would render the ſeveral companies more truly reſpectable, were they to conſider how much it is their intereſt to elect the moſt prudent and diſcreet of their reſpective fraternities to repreſent them, not only as Stew- ards, but as Electors, Auditors,' &c. as well at thoſe meet- ings which more immediately concern their own pecuniary affairs, as at thoſe of a more public nature. * It is matter of regret they ſhould ever have acceeded to the propoſal for the erection of Barracks, &c. in the centre of their land; as the extremity of the Moor, either on the eaſt or weſt fide, might equally have anſwered the purpoſe. The appearance of things lead us to fear the whole Leazes will, at ſome period, become a Barrack-yard. F 3 '74. Such was the reſult of this intereſting trial reſpecting the Town Moor. The advantages are almoſt incalculable that have accrued, and may ſtill follow, in conſequence of the clear and explicit A&t of Parliament hereby obtained, which has precluded the poſſibility of future diſputes on that important branch of the franchiſes of the Newcaſtle Burgeſſes. * But the greateſt poſſible advantage which ever could accrue to the Burgeſſes from theſe lands, would ariſe from working that valuable ſeam of main coal which lies under the ſurface, and which, report ſays, is of the very beſt qua- lity of that mineral. This right the late Aćt has clearly aſcertained to be veſted in the Burgeſſes at large; and which, by their Charter of the 31ſt. of Edward III. is put beyond all diſpute.* But ſuch is, and pellaps ever has been, the jealouſy reigning between the governing and the governed party, that this can never probably be brought about, but under the direction of an Aćt of Parliament; by which it might be ſettled, that the net profits arifing from the undertaking ſhould be appropriated ſolely to the ſupport of old and decayed Burgeſſes, their Widows, Children, or Orphans; under the management of a Committee, to be annually choſen from the ſeveral companies, of which the Mayor, Recorder, and Sheriff, for the time being, always to be three : to act totally independant of the body corporate, under certain determinale rules and regulations, to be - agreed upon in Guild, by the whole body of Burgeſſes. The prodigious advantage that would certainly reſult to the community at large, fiom the adoption of ſuch a meaſure, is almoſt inconceivable: Beſides, if directed by a juſt and prudent adminſtration, what a permanent founda- tion would hereby be laid for alleviating the neceſſities and. diſtreſſes of ſuffering humanity. Happy the chara&ter ſo fortunate as to prove the means of bringing about ſuch an arrangement! which certainly might be effected with- out any depreciation of the revenues of the Corporation, and would be an aſylum for indigence and diſtreſs for a long, very long courſe of years. * See page 14. 75 THE CASTLE LEAZES Contains (according to Bourne) 140 acres of valuable land. It continues to be appropriated ſolely to the pur- poſe of depaſturing the milch cows of reſident Burgeſſes and widows of ſuch,” each of whom is allowed two ſtints. There is reaſon to fear ſome are entered by proxy, which tends in no ſmall degree to overſtock the paſture :-Al- though it is annually hained or kept from depaſturing till the 28th. of May, when the graſs is full of nutriment and the cows are entered for the ſeaſon. When we conſider the great value of ſuch a number of cows as are annually entered, and the great dependence of many upon them, both Freemen and widows, for the ſup- port of themſelves and families, we are concerned to ſtate, that the rules and regulations of the Herds, for the due execution of their office, is not more generally known,- as any neglect on their part muſt be produćtive of ſerious conſequences to thoſe whoſe property is entruſted to their care. For the benefit of thoſe concerned, and the informa- tion of our readers, we will here inſert a full and perfect copy of the ſaid Rules. Town and County of N RULES and ARTICLES to be Newcaſtle upon Tyne. ſ obſerved and performed by the two NOLT-HERDS of the Town Moor and Caſtle Leazes. I. THAT each of the ſaid Herds ſhall, by himſelf, or his ſervants, (for whom he ſhall be anſwerable) every morning, between four and five o’clock, from Lady-day to Michaelmas-day, and between ſeven and eight o’clock, from Michaelmas-day to Lady-day, blow a horn along the ſeveral ſtreets of the ſaid town; and immediately after- wards ſhall go to the ſeveral gates of the ſaid town, through which the cows uſually paſs,to the ſaid Moor and Leazes, and ſhall there wait for and receive them every morning, from Lady-day to Michaelmas-day, till St. Nicholas’ church ſix o'clock bell ring ; and from Michaelmas-day to Lady-day, till St. Nicholas’ church clock ſtrike nine; after * Query. May not reſident apply ſolely to houſeholders, in refer- ence to this privilege? '76 which reſpectively, they ſhall carefully drive on to the ſaid Moor and Leazes, (according to the uſual and proper ſeaſons, or times of grazing thereon, for the time being,) all the cows that ought to depaſture there, which ſhall be . brought to them in the ſaid ſtreets, or at the ſaid gates: And every afternoon, at five o’clock, from Lady-day to Michaelmas-day, and at four o’clock, from Michaelmas- day to Lady-day, and not before, ſhall carefully drive all ſuch cows back to the ſaid gates through which they ought to repaſs to their reſpective owners, ſo as to be there before ſix o'clock, from Lady-day to Michaelmas-day, and before five o’clock, from Michaelmas-day to Lady-day, in every evening. e II. That each of the ſaid Herds reſpectively, ſhall care- fully look to, and be chargeable with and anſwerable for all ſuch cows as aforefaid, (which ſhall be delivered to, or received by him or any one of his ſervants) [uſually employ- ed in, or entruſted with the aforeſaid buſineſs] as well at as after the reſpective times above mentioned, (for the deliver- ing or receiving cows in the ſtreets, or at the gates as afore- ſaid) from the reſpective times of ſuch delivery or receipt, till the reſpective times of ſuch cows being drove back to, and returned at the ſaid gates as aforeſaid. III. That each of the ſaid Herds ſhall pay for every ſuch cow which ſhall happen to be ſtolen, ſtrayed, or loſt, whilſt under his care and charge as aforeſaid, ſuch price, at fuch time and in ſuch manner as ſhall be ſettled or adjuſt- ed by four indifferent perſons, who knew ſuch cow, (two to be choſe by the Herd, and two by the owners of the cow) or by any three of them, or by one ſuch other per- ſon as the right worſhipful the Mayor, for the time being, ſhall appoint, in caſe ſuch four perſons be not choſe, or if three of them, when choſe, do not ſettle and adjuſt the ſame in a reaſonable time. IV. That each of the ſaid Herds ſhall be anſwerable for, and ſhall make good all ſuch treſpaſſes and damages as ſhall be done, or occaſioned by any of the ſaid cows, or by any of the bulls depaſtured or kept on the ſaid Moor or Leazes, either through his neglect of duty in not taking proper care of ſuch cows or bulls, whilſt under his care and charge, or in not keeping the hedges and fences in ſufficient repair and condition. 77 V. That neither of the ſaid Herds ſhall ſuffer to be de. paſtured or grazed on the ſaid Moor or Leazes, any cow or cows belonging to any unfree perſon whatſoever, or to any free Burgeſs or Freeman's widow not reſiding within the liberties of the ſaid town and county; nor more than two cows at one time, belonging to any free Burgeſs or Freeman’s widow, reſiding within the ſaid liberties, (and fuch only as are adually in milk or with calf, or young cows that have been bulled, and are really intended for milk, and not to be fattened for ſale or ſlaughter) nor any horſe, mare, gelding, ſheep, oxen, or other cattle whatſo- ever 3 ſave ſuch cows of reſident Freemen and Freemen's widows as aforeſaid, and the bulls provided by the Corpo- ration, and one gelding. VI. That in order to prevent impoſitions, the owner of every fuch cow as aforeſaid, ſhall (purſuant to the uſual Public notice annually given for the purpoſe) prove his pro- Perty therein, and deſcribe the marks and colours thereof, at the Mayor’s Chamber, before the ſame be entered with either of the Herds, to graze on the ſaid Moor or Leazes. VII. That if any free Burgeſs or Freeman's widow, re- fiding in the the ſaid town and county, ſhall, at any time, put more than two ſuch milch cows as aforeſaid, belonging to him or her, or any cow or cows, not really and truly belonging to him or her reſpectively, or any other cattle whatſoever; or if any free Burgeſs or Freeman's widow, not reſident as aforeſaid, or any other perſon or perſons whomſoever, ſhall put any cows or other cattle to depaſture or graze upon the ſaid Moor or Leazes, (contrary to the foregoing fifth article) or ſhall make any encroachment, or commit any treſpaſs upon the ſaid Moor or Leazes, then the ſaid Herds, or one of them, ſhall immediately give notice thereof (in writing) to the right worſhipful the Mayor, and the worſhipful the Sheriff of the ſaid town and county, for the time being, on pain of being fined or diſplaced, at the diſcretion of the ſaid Mayor and Sheriff. VIII. That the ſaid Herds ſhall take care of, look after, and be chargeable with and anſwerable for the bulls, to be provided and kept upon the ſaid Moor or Leazes, for the uſe of the cows depaſturing there; and ſhall feed and keep them in good order and condition, and provide ſufficient 78 .* quantities of hay and fodder for them, and drive them carefully to and keep them in their proper ſtable or bull- houſe every night, and ſhall not ſuffer them to be uſed for any other cow or cows, but ſuch as ſhall depaſture on the ſaid Moor or Leazes. IX. That neither of the ſaid Herds, or their reſpective ſervants, employed in the aforeſaid buſineſs, ſhall keep or uſe any maſtiff, mongrel-maſtiff, or bull-dog, nor more than three cur-dogs, at one and the ſame time. X. That the ſaid Herds ſhall, by themſelves, or their fervants, ſcale, dreſs, make clean, and put in order, the Cow- hill, innmediately after every fair that ſhall be held there- on ; and likewiſe ſhall ſcale and dreſs the ſaid Moor and Leazes, and ſpread all the mole-hills of the ſame, and lay and ſpread on the ground thereof, where moſt needſul and proper, all the manure and dung that ſhall be bred at the . bull houſe and Leazes ſtable, and hain or keep the Leazes from depaſturage at the uſual and proper ſeaſons, for thoſe purpoſes reſpectively, in every year. .* XI. That the ſaid Herds ſhall repair, uphold, and keep, in good and ſufficient ſencible ſtate and condition, all the dykes and hedges of the ſaid Moor and Leazes, which be- long to or ought to be repaired by the Mayor and Burgeſſes of the ſaid town and county: And alſo ſhall keep all the ditches, gutters, drains, water-courſes, ponds, and watering places of the ſaid Moor and Leazes clean, open, and in proper ſtate and condition. XII. That the ſaid Herds ſhall have and be intitled to the following perquiſites between them, and ſhall not de- mand or take more, on pain of being diſplaced, viz. d J's (ſo For entering every new cow, of any ſuch reſident Free- man or Freeman's widow as aforeſaid, in a book to be kept for that purpoſe, Is. and for every ſuch cow ſo entered, for and in reſpect of repairing the hedges, &c. 6d. to be paid at the time of entrance. - - 1 6 For entering in the ſaid book, on the 28th. of May in every year, (being the annual time of entrance on the Leazes) every old cow which had grazed on the faid Moor or Leazes, the year before, as the pro- petty of the ſame owner, 2d. and for every ſuch 79 cow ſo entered for, and in reſpect of repairing the . J. hedges, &c. 6d. to be paid at the time of entrance; and for taking care of every cow grazing on the ſaid Moor, from the 2d. of February to the 1ſt. of May, to be paid then, or at the ſaid time of entrance, 4d. For taking care of every cow depaſturing on the ſaid A Moor or Leazes, from the 1ſt. of May to the 1ſt. of Auguſt, 4d. and from thence to the 11th. of Nov. 4d. and thence to the 2d. of February, 4d. to be paid on the ſaid days, at the cnd of each quarter in every year reſpectively; and from thence to the 1ſt. of May, is included in the next foregoing article. - - nd for every cow depaſturing on the ſaid Moor or Leazes from and after any of the aforeſaid days, and withdrawn or taken away before the then next of the ſaid days or day of payment - - - - - And every cow that ſhall be ſo withdrawn or taken away, and ſent again to depaſture on the ſaid Moor or Leazes, (after payment of one or more of the ſaid four-pences, ſhall have been avoided) ſhall (though remaining the property of the ſame owner) either be entered again in the aforeſaid book, for which 1s. ſhall be paid, or otherwiſe, at the election of the owner, every 4d, ſo avoided, and which ought to have been paid iſ ſuch cow had not been ſo with- drawn, ſhall be paid before the cow be received to graze there again. For every cow depaſturing on the ſaid Moor or Leazes, from the 24th day of June to the 29th day of September in every year, or for any time after the 24th of June, though ſuch cow be withdrawn and taken away before the 29th of September, for and in reſpect of taking care of ſuch cow during Lammas fair, and afterwards dreſſing the Cow-hill. For every cow depaſturing on the ſaid Moor or Leazes, from the 29th of September to the 11th of Nov. in every year, or for any time aſter the 29th of September, though ſuch cow be withdrawn or taken away before the 11th. of November, for and in re- ſpect of taking care of ſuch cow during St. Luke 0 4. O 2 fair, and afterwards dreſſing the Cow-hill. - - - 0 2 8O For every cow that is bulled on the ſaid Moor or Leazes, and acquainting the owner therewith. - - 0 2 The foregoing perquiſites amount to 3s. 2d. for every new cow, and 2s. 6d. for every old cow, per aun. XIII. And that each of the ſaid Herds may (as Herd) depaſture upon the ſaid Moor and Leazes, at the reſpective, uſual, and proper times of grazing there, one gelding and no more, belonging to, and for the uſe of himſelf, and no other perſon whomſoever. There is certainly a great want of agricultural affiſtance to render this valuable trađt of land as produćtive as it might and indeed ought to be. It is to be hoped the Stewards attention, with the aſſiſtance of ſome able agriculturiſt, will be ſhortly directed thereto; particularly as the Mooris now in ſuch an improving ſtate, that the Leazes may, in a little time, be diſpenſed with, and appropriated to ſuch a regular coulſe of cultivation as may tend to improve the paſtur- age to a high degree; which will be the bettcr effected in conſequence of the noble intention of the Magiſtrates to en- cloſe it, on the weſt ſide, with a wall, &c. Theſe extenſive poſſeſſions of the frce Burgeſſes, includ- ing the liberties of the town, are ten miles and fifty yards in circumference, and continue to increaſe in value and conſequence. The Mayor and Burgeſſes perambulate the boundaries once every three years. Their juriſdićtion, by water, extending from Sparhawk, in the ſea, to Hedwin Streams, (a diſtance of about fourteen miles) is ſurveyed every year, on Aſcenſion-day. THE FREEMEN's HOSPITAL, &c. As the hand of charity is never wearied with been ſtretch- ed out to relieve indigence and old age, overwhelmed with - all its concomitant evils; ſo the eye of humanity is ne- ver tired of beholding the generous efforts of the truly vir- tuous and good, to ſoothe and alleviate thoſe evils that em- bitter the feeble remains of declining life. In this view we are led gratefully to admire the worthy founders of thoſe aſylums in the Manors, for poverty and old age. As theſe 81 benevolent inſtitutions have lately been particularly conſi- dered in a public manner, we are of opinion, that a brief de- tail of particulars, as contained in a circular Letter, pub- liſhed by one, who appeared as the advocate of the poor, will afford ſufficient information on this part of our work. Having, by caſual viſits to their abodes, learned the neg- lečted condition and ſcanty allowance of the inhabitants, a petition repreſenting their caſe, was forwarded to the Com- mon Council, at the laſt Chriſtmas guild; who conſidered it worthy of that attention it afterwards received. Some delay having taken place to carry into effect the deſired relief, the following ſtatement was printed, and generally circulated amongſt the principal perſons belonging to the Corporation. THE attention of the Magiſtrates having lately been called to the diſtreſſed ſtate of the public charities of this Corporation, it affords us pleaſure to ſee, that with a promptitude which reflects the greateſt honour on the pre- fent Mayor, he has cauſed the apartment of every indivi- dual to be white-waſhed and coloured, and the whole build- ing, with every appurtenance thereto belonging, is at pre- ſent undergoing a complete repair. As the origin and means of ſupport to theſe retreats for aged Freemen and their widows, appear to many loſt in obſcurity, the follow- ing details, relative to the common Hoſpital in the Manors, muſt be intereſting to many of our readers, and, we hope, may be produćtive of advantage to the poor, when their additional allowance (now under confideration) comes finally to be made. & In 1683, this charity was incorporated, by the name of the Maſter, Brethren, and Siſters of the Hoſpital of the Holy Jeſus, founded in the Manors, in the town and county of Newcaſtle upon Tyne, at the charge of the Mayor and Burgeſſes of the ſaid town, for the ſupport, for ever, of poor impotent people, being Freemen and Freemen's widows, or their ſons and daughters, that have never been married. The ſources of their ſupport were certain lands and tene- ments, purchaſed by the ſaid Mayor and Burgeſſes, viz. an eſtate at Edderly, in the county of Durham; and another at Whittle, in the county of Northumberland; likewiſe a 82 large premiſe in the Cloſe, in Newcaſtle; together with certain legacies. The whole ſum veſted at that time amounted to nearly £, 5000, and the produce of this fund- ed property was equally applied for the ſupport and main- tenance of theſe forty-two poor people. In the year 1716, the manor of Walker was propoſed for ſale, and the Mayor and Burgeſſes of the ſaid town of Newcaſtle upon Tyne, deſirous of extending the means of fupport for ſo benevolent an inſtitution, as an Hoſpital for the aged part of their body, propoſed making a purchaſe of the ſaid eſtate of Walker; and to enable them to raiſe part of the purchaſe money, agreed to diſpoſe of the two eſtates, viz. at Edderly and Whittle, which was done accordingly : and to render their proceedings legal, a petition for that purpoſe was preſented to the Lords, then in Parliament aſſembled, as appears by the following extraćts taken from the journals of that auguſt aſſembly, in the year 1717.* —“Upon reading the petition of the Mayor and Burgeſſes of the town and county of Newcaſtle upon Tyne, and alſo the petition of the Maſter, Brethren, and Siſters of the Hoſ- pital of the Holy Jeſus, founded in the Manors, in the ſaid town and county, at the coſts and charges of the ſaid Mayor and Burgeſſes, praying—“That leave may be given to bling in a bill to empower them, the ſaid Maſter, Brethren, and Siſters of the Hoſpital aforeſaid, to diſpoſe of and ſell ſeve- ral lands and tenements at Edderly, in the county of Dur- ham, and Whittle, in the county of Northumberland; and that certain lands and tenements, in the manor of Walker, in the ſaid county of Northumberland, of a much greater value, may be ſettled to the ſame uſes, for the providing a ſufficient fund for the maintenance and relief of the poor people in the ſaid Hoſpital for ever.’—Ordered, that the conſideration of the petitions be, and is hereby, referred to Mr. Juſtice Tracy and Mr. Juſtice Pratt, who, after healing all parties concerned, ſhall report to the Houſe the ſtate of the caſe.” Unfortunately for the petitioners, it appeared, on their examination, the purchaſe had already been made; and the conſequence of ſuch report to the Houſe, by Lord Cadogan, of a premature though well-meant proceeding, on the * Seg Journals of the Houſe of Lords, vol. 20, p. 427. 83 part of the Mayor and Burgeſſes, was, that the whole of Walker eſtate was forfeited to the Crown, who held it from that time to the year I 724. In that memorable year for the Freemen’s Hoſpital, it was, that, through the medium of Mr. Carr, at that time re- preſentative for Newcaſtle, his Majeſty King George I. in the 11th. year of his reign, was pleaſed to reſtore Walker eſtate to the Mayor and Burgeſſes of Newcaſtle, for the purpoſes expreſſed in their original petition, viz. “Provf- ding a ſufficient fund for the maintenance of the poor of the ſaid Hoſpital for ever.” According to Bourne, each mem- ber was allowed £.4 per annum, which ſum continued to be paid till the year 1769; when Sir Walter Blackett, of grateful memory, humanely repreſenting their caſe to the Common Council, obtained an addition of 40s. to the origi- nal ſum of £. 4. From that time, notwithſtanding the -increaſed and increaſing preſſure of the times, no further addition to their allowance has been made; although, after a ſcanty dedućtion for cleaning and wearing apparel, three- pence per day is at preſent the whole amount of their pit- tance. The very great inadequacy of this ſum to the high price of every article of life, has, to many who have out- lived their relatives, been produćtive of the moſt afflićting evils; ſome have ačtually periſhed for want of proper food and nouriſhment, and all muſt be conſidered as but barely procuring a mere exiſtence. We preſume to indulge the hope, that, from the ready acquieſcence of the preſent humane body of Magiſtrates to take their caſe under confideration, that they are now diſ. poſed to afford them the aſſiſtance required, and that theſe evils and hardſhips will never again appear in thoſe abodes, fo well calculated, with a moderate allowance, to ſoothe the remains of declining life. P. S. One of the principal cauſes which ſubječts the poor in this Hoſpital to many inconveniences, is the omiſſion of the annual viſits of the Magiſtrates, to hear and redreſs their grievances, as formerly pračtiſed Praying, therefore, for the continued attention of the ſuperior Officers of the Cor- poration to the cauſe of ſuffering humanity, I am, in behalf of the Poor, Your humble ſervant, Newcaſtle, April 3, 1807. Joseph CLARK. . 84 We are happy to have it in our power to flate, that, in conſequence, a conſiderable addition, both in money and coals, was made to their allowance. We are likewiſe given to expect that the Magiſtrates will, in future, attend to their ſituation. We would rejoice to ſee an extenſion of thoſe receptacles of the poor, which appeals the more neceſſary from the numerous applicants that always appear whenever a va- cancy happens. A range of buildings for this purpoſe, extending from St. Nicholas’ ſchool upwards, would be a great improvement to that ſtreet, by the removal of the preſent unſeemly-dead wall, and prove an honourable ex- tention of benevolence on the part of our preſent Magi- frates. We are inclined to think ſo 1audable a deſign would neither be improper nor unworthy to perpetuate the name, virtue, and heroiſm, of ſuch Burgeſſes and Freemen as an ELDoN, or a Collin GwooD : charaćters deſervedly high in eſtimation throughout the Britiſh empire; and whoſe ſervices, in the cauſe of their country, ought not to remain unnoticed by ſo opulent a Corporation, wholly compoſed of the relatives and intimates of theſe worthy perſonages. - 3 THE FREE GRAMMAR SCHOOL. Ze 32 This ſchool was originally founded by Thos. Horſley, Mayor of Newcaſtle, in 1525. In the 42d, year of Queen Elizabeth's reign it became a royal foundation.* The Queen, in this Charter, expreſſes her motive for encouraging the Free Grammar School of Newcaſtle, was her regard to 'the inſtrućtion of youth in the rudiments of the true Chriſ. tian religion, in learning, and good manners. Seven of the governing part of the Corporation (the Mayor and fix Aldermen) are appointed the patrons of this School, with the power of eleēting a Maſter and Uſher; which offices are held under their pleaſure. It is our opinion the plan of education at preſent pur- ſued in this ſchool, merits the immediate attention of its patrons; and we hope the following obſervations will not be thought unworthy their ſerious attention. * See page 8C. 85 The eagerneſs to underſtand the languages in which the works emphatically ſtiled Claſſics were written, and the gene- ral uſe of the Latin tongue, particularly by the learned men of every profeſſion, in the ages which followed the revival of letters, were probably the cauſes why the plan of educa- tion in the public free ſchools eſtabliſhed in this kingdom during theºreigns of Edward VI. and Elizabeth, was con- fined to the learning of Latin and Greek. But fince the habits of the literary world are now ſo changed, that almoſt every uſeful work is publiſhed in our own language, and more eſpecially ſince the extention of commerce and naviga- tion have rendered the knowledge of the modern languages, and of the ſciences and arts connected with ſhip-building, and with the manufačtures on which our proſperity as a na- tion depends, an objećt of much greater importance, a cor- reſpondent alteration ſeems very deſirable in the conſtitu- tion of our public ſchools; and therefore, without any dif-. paragement to claſſical literature, or to thoſe gentlemen who, we doubt not, ably condućt the head-ſchool of this town, we humbly preſume to recommend it to the Magi- ſtrates and Common Council, as a proper objećt of their conſideration, whether it would not be highly deſirable to apply a part of their ample revenues in extending the bene- fit of the ſchool to thoſe for whoſe uſe it appears from the Charter to have been originally intended, by encouraging eminent teachers of the French and German languages, and alſo in the elements and practical application of the Mathe- matics, to afford the benefit of their inſtructions upon eaſy terms to the children of the free Burgeſſes of Nºye. Y. tºº * eye There are various other privileges peculiar to the free Burgeſſes of Newcaſtle; but as it is in contemplation to give a full account of theſe,” our limits here will only admit of a general reference. It is the excluſive right of the Burgeſſes to hold all places and offices of honour, truſt and profit, belonging the town and the cuſtoms of the port of New- caſtle, which are very numerous. It was formerly the privilege of mechanical Burgeſſes to execute all work or buſineſs whatever that was erected or executed on any part of the lands belonging the Corporation. Freemen are * See the firſt note in next page. G 3 86 allowed a certain ſum of money to enable them to put their ſons apprentices; and, if rightly informed, their daughters are entitled to the purchaſe-money of a ring when they enter on the marriage ſtate. The privileges of the latter are few ; we think they juſtly merit ſome extention. —extraoº-ºººººoºwº- r CUSTOMIS. To enumerate all the advantages, duties, nature, and uſe of every particular cuſtom and privilege belonging to a Burgeſs of Newcaſtle, would make up a volume of itſelf, and conſequently be unſuitable to our preſent plan;* we will, therefore, fix our attention upon thoſe on which all others may be ſaid, in ſome meaſure, to depend. King Edward III. Oét. 20, 1342, confirmed the ſubſe- quent articles and rules concerning the government of the town of Newcaſtle upon Tyne, which had been agreed upon in full Guild," held at the Hoſpital of St. Mary, in Weſt- gate ſtreet, in that town. I. Hue and cry to be raiſed againſt obſtinate offenders, who are to be puniſhed by extremity of law; one half of the fines impoſed to go to the King, and the other half to the Corporation. II. Every Burgeſs, whether poor or lich, to have the liberty of going on board the ſhips, whether of foreigners or fellow ſubjećts, and buy merchandiſe for himſelf and family at prime coſt: nor were any goods to be ſold in ſuch ſhips till a plank was laid on board, on pain of forfeiture. III. Relates to the election of the Mayor and other officers.f * It is probable at a future period a regular account of the ſources and application of the vaſt revenues of the Corporation, including a particular account of all the numerous places and the ſalary of each, as well civil as eccleſiaſtical, belonging to the Corporation, will be offered to the public. t The neglect of doing buſineſs now in “full Guild,” is one prin- cipal cauſe of the frequent bickerings, &c. which we are ſorry to fee exiſting between the Magiſtrates and the body of Burgeſſes. # For a full account of which ſee pages 23 and 35. 87 IV. The Mayor, with the Chamberlains, was to caſt up the accounts of the Corporation every week, and engroſs them upon a roll indented : one part whereof was to be kept in the hands of the Mayor, Bailiffs, and Chamberiains, and the other by the twelve myſteries; and no writing or muniment was to be ſealed with the common ſeal of the town, without the conſent and inſpectic n of the myſteries aforeſaid. V. Certain Auditors were to be choſen, and ſworn to make accounts yearly, within fifteen days before Michael- mas, of the iſſues and profits of the ſaid town. VI: All Aſſeſſors of taxes wele to be choſen by the 24 of the myſteries aſoreſaid, who were ſo be in poſſeſſion of the counter part of the taxation roll againſt the Aſſeſſors, to ſatisfy the community the taxes was faithfully levied. VII. All Taxers and Colle&tors were to give an ac- count to certain Auditors, aſſigned by the above 24; except the king's Aſſeſſors, who were not to account to them with- out the royal command. * VIII. The uſes and cuſtoms of the town were to be committed to writing, whereof a copy was to be delivered to the 24 of the myſteries aforeſaid, and to ſuch other Bur- geſſes as ſhould deſire it. IX. On the day of eleēting the Mayor, in every year, all the Charters and muniments that reſpected the liberties and privileges of the town, were to be produced and read before the commonalty thereof; and the kecper of them was to be anſwerable for any that ſhould be purloined or loſt. X. Equal laws were to be kept for poor and rich; execu- tions were not to be corrupted by favour or reward, on pain of removal from office. XI. The affize of bread and beer were to be held ac- cording to law; and meaſures, ells, and weights, to be proved twice, or at leaſt once every year. * Some other Rules were added, reſpecting the goods and chattels of perſons convićted of any tranſgreſſion, &c. As many of the ſoregoing rules and cuſtoms have long ſince ceaſed to be acted upon, they of conſequence will afford little intereſt to purſue them; we will, therefore, proceed to define ſuch as are now in uſe amongſt the Bur- geſſes. And firſt for the *~. SS COURT OF GUILD. * This Court is holden thrice a year, viz. on the ſecond Monday after Michaelmas, third aſter Chriſtmas, and the ſecond after Eaſter. The ancient pračtice of giving notice is ſtill continued, by tolling the great bell in St. Nicholas’ ſteeple from nine till ten o’clock; which was formerly the uſual hour for convening the Burgeſſes, and when public buſineſs commenced: But as moſt of the buſineſs belonging this Court is now tranſačted by the Common Council, in the Mayor’s Chamber, it would appear more conſiſtent if the time of calling the Burgeſſes together was changed, and fixed to be from twelve to one o’clock, as the Magiſtrates never come into Court till after that hour. – The principal buſineſs now done at this Court is ſor the apprentices and ſons of Freemen to petition for their free- dom. They are called by the ſtile of the company to which their maſters or fathers belonged; and this is termed, call- ing their Guilds. Before a man is legally allowed to be a Freeman of Newcaſtle, he muſt, if he claim by ſervitude, have his name called aloud, in the open Court, three times, that is, once on three different guild-days: If he claims by patrimony, then one calling ſerves. The Stewards of the reſpective companies are now very particular in their at- tendance, to prevent any kind of irregularity or impoſition. On calling the name in Court, if any Freeman knows, or ſuſpects the perſon called has not ſº duly his appren- ticeſhip, or whoſe father was not legally free, or who has not, previouſly to claiming the right, (by having his guild called) given notice of his intention to the Stewards of the company with whom he claims fellowſhip; or on account of any other impediment or irregularity, a perſon's claim may be then annulled by the fingle voice of any Burgeſs preſent: And this is what is called “Stopping his Guild.” The Common Council, however, claim a right of enquiry, and, as they ſee fit, either take off the ſtop, or allow it to remain. If taken off, at the next Guild the perſon is called a ſecond time, the firſt being reckoned one; but if the ſtop remain, the perſon claiming cannot obtain his freedom. That ſuch a power is veſted ſn the Common Council, either by law or charter, appears to me very doubtful; 89 ‘sº for, granting them that power, they would thereby be authoriſed to make as many legal Freemen as they pleaſed, without at any time conſulting the Burgeſſes or Stewards of companies about the matter. Any perſon, entitled or not, might, in that caſe, have his name called in Guild, ſhould the Town Clerk chuſe to call it; and though it ſhould be ſtopped by a Steward or Burgeſs, on the moſt reaſonable grounds, yet, if the Common Council think fit to admit his claim, though he have no more right to it than Bonaparte, he would then be reputed as good a Burgeſs as any other. That this power is and ought to be lodged ſomewhere is granted; but it is more confiſtent with reaſon to ſuppoſe it is lodged in the Mayor and Burgeſſes at large, when met together, according to Charter, (or, in other words, the Court of Guild) than in the Common Council; who ought to be, in this caſe, but the agents, or a delegated commit- tee of the Court of Guild, to tranſačt ſuch buſineſs as may come before them, according to the law of England and Charter of the place. To ſuppoſe the Common Council a Court ſuperior to that of the Guild, is to ſuppoſe the Guild to have no power at all; except we can ſuppoſe the Guild only the offspring of the Common Council; but the contrary is too evident to be denied. * To ſuppoſe the Guild ſuperior to the Council is to ſup- poſe the Common Council to be only, as before obſerved, a body of delegates, in truſt, which may and ought to be checked by the body of delegators, whenever they ačt con- trary to that truſt, or the good of the whole.* This may be done two ways, either by a negative power of prevent- ing their proceedings, or by having an active one of their own. Which of the two is the legal or conſtitutional one of the town, I dare not pretend to ſay, but think it ought to be known and defined. To ſuppoſe the Mayor, Stew- ards, and Burgeſſes, aſſembled in Guild, form a Court, which has not the power of eneluiring into an accuſation or any other matter, which is allowed can be laid only in it, and in no other-place, is to ſuppoſe it ſuch a Court as is not likely to be found any where elſe in the Britiſh empire. If, therefore, the claim to a franchiſe may be laid in a f*See the iſſue of the trial reſpecting the Town Moor, in 1773, 90 Court, and that Court has a power of interrupting the claim for the preſent, why not in future ? If it has that, it ſurely has alſo a power of enquiring whether that interruption or claim be well or ill founded, and of deciding thereon accordingly. This Court conſiſts of the Mayor and Burgeſſes at large, aſſembled together, every one of whom has an equal voice, the Mayor having the caſting one. The Common Council conſiſts of the Mayor, ten Alder- men, Sheriff, and 24 Burgeſſes, or the greater part of them, whereof the Mayor and fix Aldermen muſt be ſeven. Either of theſe, when aſſembled, may make laws and demiſes, touching any hereditaments, being parcel of the rights and property of the Burgeſſes, and act for and in the name of the whole body corporate and politic; provided they do not ačt contrary to the laws of England. But the laws made, or ačts done in Guild, are not binding, except the ſame be ratified by the Common Council, (which is a ſevere check on the Court of Guild); while, on the contrary, thoſe made in Common Council are valid, if not poſitively forbidden by the Court of Guild. In the year 1773, on the trial reſpecting the Town Moor, Judge Gould, well obſerved, that “he could not conceive how it was poſſible the governing part of a Corporation could demiſe any part of the freehold of the governed againſt their conſent.” And I cannot conceive, if this be the caſe, that the Common Council can diſpoſe of any thing belonging to this Corporation againſt the conſent of the Burgeſſes, in guild; becauſe every thing they poſſeſs is freehold, or at leaſt of the nature of it: But ſuppoſing it was not, common ſenſe, and I would hope common law toč, would ſay, that no diſtinétion ought to be made between one ſort of property and another, where the light of poſ- ſeſſion is neither called in queſtion, nor the manner of its diſpoſition proved illegal. It therefore follows, from this, that to make any act completely legal, it is neceſſary that both Guild and Council agree, in the ſame manner as King, Lords, and Commons, in Parliament. Exačtly ſimilar to which I take the conſtitution of Newcaſtle to be ; with this difference, that the Mayor ačts not only as king in the Common Council, but alſo as ſpeaker in the Court of 91 Guild : his power, in office, exactly correſponding with the royal parliamentary one, in every reſpect, excepting having a poſitive negative. ' s Theſe propoſitions are ſo evidently conſonant with right, ſound policy, and benefit to the community, that I do not fear, wherever they are litigated, they will be ſupported by law and enforced by juſtice. By a reſpectful, perſevering attention to this privilege, there is nothing to prevent the power of the Burgeſſes being raiſed to its ancient and juſt conſequence, and make the Court of Guild what it really ought to be, a defence againſt the arbitrary deſigns of any man or body of men, and the great Palladium of the Rights ºf the Burgeſts of Newcaſtle. AUDITORS. The duty of theſe officers of the Corporation is ſet forth in the Charter of King James I. which is, to examine all the aëts of the Chamberlains, for the time being, concern- ing the rents, revenues, and profits of the town, and to make thereon a ſatisfactory report to the Mayor and Bur- geſſes. They are to be 24 in number, two being elected from each of the twelve Myſteries of the town, viz. Mer- chants of woollen cloth, called Drapers, Mercers, Skinners, Taylors, Boothmen, Bakers, Tanners, Cordwainers, Sad- lers, Butchers, Smiths, and Fullers. According to the hiſtorians of the town, this number is now reduced to nine. The Melchants’ company, how- ever, conſiſts of the three myſteries reported to be extinét, viz. Drapers, Mercers, and Boothmen: and, on this account, we find ſix of the 24 Auditors appointed by them alone. This, at firſt fight, would appear a meaſure of ſound policy, had we reaſon to ſuppoſe, that hereby it was intended to appoint to a buſineſs of confiderable magnitude only the ableſt ac- countants; but, when we conſider the mode of chufing the perſons to fill this once in portant public office, we are ap- prehenſive this is not the preciſe objećt of the eleētion. On a Sunday afternoon, previous to the Audit, and immedi- ately after divine ſervice, the Beagle of the Merchants’ Company, with another of the fraternity, repair to St. George's porch, in St. Nicholas’ church, and, in a manner beſt known to themſelves (few others ever attending) prae *- 92 ceed to nominate the ſaid ſix Auditors. In general, nothing more is required of them than their preſence at ſtated times, or at that part of their buſineſs to which, as Auditors, moſt of their time is devoted. The original ſum allowed by Charter for auditing the accounts was 13s. 4d. per day, and no more, to be paid them out of the rents and revenues of the town, and amongſt them equally to be divided and diſtributed.* This was ; doing their buſineſs by the day; from which it would appear that more time was then deemed neceſſary for enabling the Auditors to report to their brother Burgeſſes a regular and fatisfactory account of the iſſues of the public money.— Obſerve their oath.—“You ſhall duly here reaſonably at- “ tend the accounts of the Chamberlains of this town of “ Newcaſtle upon Tyne, for the preſent year, touching “ all manner of iſſues, profits, and commodities belonging “ to the Mayor and Burgeſſes of the ſaid town, as hath “ been accuſtomed, and no allowance make but to ſuch as “ are and ſhall be made and allowed by the Mayor and the reſt of the Common Council of the ſame town, or the moſt of them;–Whereby the ſaid Mayor and Bur- “ geſſes may be duly aſſured and ſatisfied of the ſaid iſſues “ and profits in every reſpeč.—So help you God.” At preſent the ſalary of each Auditor is 23s. 2d. and #. 10. is allowed for dinner, &c.—the whole amounting to 6.37. 16. for doing this vaſt buſineſs by the hour, viz. auditing, for the paſt year, the whole income and exppndi- ture of this Corporation, amounting annually to more than 26.27000. Thereaſon of this great expedition is, that neither bills nor receipts are ever examined, but merely the Clerk’s general account, as entered in the book. The conſequence of this is, no ſatisfaction can be obtained to any of our en- quiries concerning many particulars relating to the pro- perty of the Burgeſſes, nor the reaſon why e.80 of the public money was laſt year given for ſporting purpoſes;t while ſo many poor and worthy members of the Corpora- tion are failing in buſineſs, their children uneducated, their lands barren for want of cultivation, and the funds of our public charities inadequate to their ſupport 6 6 & G C * See page 53. f See an advertiſement in all the Newcaſtle papers previous to , the races. 93 We are not diſpoſed here to diſcuſs the merits of thoſe preſents ſo liberally beſtowed on individuals, but we cannot refrain to lament, amidſt ſuch great profuſion, that ſo many works of real public utility, and objećts of diſtreſs, equally entitled to attention, continue to be neglećted and unreliev- ed. We are here reminded of, and are ſtrićtly of the ſame opinion with, Judge Gould, who ſaid, “He could not con- “ ceive how it was poſſible the governing part of a Corpo- “ ration could diſpoſe of any part of the property of the “ governed againſt their conſent:” and we think the re- mark of Serjeant Glynn equally pertinent, “That the re- “ venues of this Corporation are adequate to ſupport the “ dignity of an active police, &c. and leave a ſufficiency to ‘ ſupply the wants of all the aged and indigent belonging ‘ to the body.” On theſe grounds may we not be led to hope, that the period is not far diſtant when, by means of a liberal magiſtracy, a more impartial diſtribution and juſt appropriation of the increaſed and increaſing revenue of the Corporation will remove the cauſe for that obſervation, but too juſtly grounded, that “Newcaſtle, in its improvements, is half a century behind every other town in the kingdom.” One principal cauſe of this is, the neglect to appoint proper perſons to fill up thoſe offices and ſituations which the legiſlature ſaw neceſſary to ordain, by Charter, for the prevention of corruption and miſapplication of the royal munificence to the Burgeſſes. And we have reaſon to be- lieve, that the office of Auditors, notwithſtanding its very great conſequence to the Burgeſſes in general, is as much degenerated as any part of the privileges granted to them by Charter. If we may be allowed to ſuggeſt any remedy for the evil complained of, the following is, perhaps, not unworthy of notice, at leaſt till ſomething more effectual ſhall be adopted. Out of the twenty-four Auditors let a ſelect number be appointed, to examine all the bills and receipts for the paſt year, granting them a compenſation for the time required for this purpoſe. Let their liſt of particulars be compared with the book, in the preſence of the whole Auditors; and from each let a full account of principal ſums be drawn up and prepared, for the ſatisfaction of the Burgeſſes in gene- ral, at the Michaelmas Guild; either to be read or left on 94. the green table, for inſpection, under the care of the ſaid ſe- lečt number of Auditors, who ſhould prevent any improper uſe being made of the ſame. Such a meaſure could not fail to prove gratifying to the Burgeſſes; and would be nothing more than the nature of the Charter, and oath of the Auditors, gives us to expect. ORIGIN OF BURGESSES. The name is moſt probably derived from the Saxon word Burg, which ſignifies a village or town capable of making a defence. A Burgeſ muſt conſequently ſignify, not only an inhabitant, but one charged with the defence of a particular place, and therefore entitled to certain privi- leges and inmunities. Accordingly we find from their oath that each Burgeſs of this town ſtands charged with a muſket for the defence thereof. And becauſe, (as is expreſſed in Queen Elizabeth's Chalter) “Newcaſtle hath in times paſt been the bulwark of the neighbouring parts, bravely reſiſting and oppoſing our rebels,” &c. thoreſole hath the royal munificence been employed, from periods very remote, to reward the loyal men of this town with Charters, Grants, &c. Hiſtorians inform us that the words Knights, Citizens, and Burgeſſes, never occur in any writer till the 49th. of Henry III. and then, as Dugdale, Brady, and others ſug- geſt, the riſe of them was owing to the danger that Mont- fort, Earl of Leiceſter, and his faction, againſt the king, apprehended from a majority of the Barons and their re- tinue appearing on the King’s fide, at the next Parliament; and fearing they ſhould be out-voted, they altered the an- cient uſage, and, in the King’s name, (who was then their priſoner) commanded the Sheriffs of each county, city, and borough, to ſend two Knights, Citizens and Burgeſſes, reſpectively, to enable them to defeat the King’s party. To this conteſt, it is ſaid, we owe the fortunate beginning of the form, at leaſt, of our preſent Conſtitution. FRANCHISES OF NEWCASTLE. The following cuſtoms and rules relating to the Fran- chiſing of individuals in Newcaſtle, though not expreſſed in the Charters, muſt yet be confidered as part of the con- 95 ftitutional or common law of the town. Every Franchiſe is claimed, either by birth, ſervitude, marriage, or gift.— Of the firſt are all the ſons of Burgeſſes, of the ſecond are the apprentices of Burgeſſes, of the third are the widows of Burgeſſes, and of the fourth are all Freemen made ſo gratis, for the ſale of it was never known. The Franchiſe conſiſts of the freedom or fellowſhip with the Burgeſſes in general, in the firſt caſe, and with a par- ticular company or trade in the next. The fellowſhip with the whole body is called the Free- dom of the Town, and may be enjoyed without any connec- tion with the Company : it entitles a Burgeſs to vote for a repreſentative in parliament,” to an exemption from tolls, quay-dues, &c. to two ſtints on the common paſture, &c. and to transfer the franchiſe to his ſons. The fellowſhip with a particular trade is called the Free- dom of the Company; which, joined to his reſidence in the liberties of the town, entitles him to the further addition of enfranchiſing his apprentices, of ſeiving upon juies, perambulating the boundaries, &c. Of Franchiſe by Servitude. This is by indenture of apprenticeſhip, for ſeven years at leaſt, and may be forfeited various ways. 1. By elopenient from his maſter. 2. By compačt with his maſter:—for if any maſter agree to give up to an apprentice any part of his time, any Burgeſs has a full power to prevent his franchiſe being obtained. 3. By turning over an apprentice to a non-freeman. 4. By the maſter not being free of the company, 5. By the removal of the maſter to a refidence without the liberties of the town, during any part of his ſervitude. 6. By the maſter not occupying the trade the appren- tice is bound to. If rightly informed, exceptions, in ſome inſtances, have been made to the fourth rule, by the Common Council, * No Freeholder in Newcaſtle has a right to vote for a member of Parliament for that town, unleſs he be a free Burgeſs thereof; neither have they votes for repreſentatives for the county of North- umberland. We think this a hard caſe, H 2 96 when applied to by the maſter; who have admitted ſuch apprentice to his franchiſe, even when his maſter has not been conformable to the company’s bye laws: but whether upon the ground of the Company’s acts or rules being in- compatible with the law of England, or the right of the Corporation in general, or whether upon their own power being ſuch as to admit without conſent of the Company, I am not ſufficiently informed to aſſert; but obſelve, that if admitted on either of the two firſt grounds, I think the Council juſtifiable, but if on the latter, the contrary ; as there is every reaſon to look upon the aëts and 1ules of the Company ſull as binding on its members as the aëts of the Common Council are on theils; and the one has as much right as the other to repel the exerciſe of illegal power, for both are equally incorporated by the ſame Charter. Of Franchiſe by Marriage. If a Freeman marries a Freeman's daughter, prior to his admiſſion, he is admitted for 6s. 8d, leſs than either by birth or by ſervitude only. By marriage the reſident widow of the Burgeſs is cntitled to two ſtints for cows on the Town Moor; which, by the great attention and pains of the Stewards to improve it, will, we hope, in a few years prove a rich and fertile com- mon paſture. The widow is alſo entitled, if ſhe continue the buſineſs, not only to enfranchiſe the apprentices her huſband left at his deceaſe, but may alſo take others, with leave of the company, and enfranchiſe them alſo. She is alſo clear of tolls, quay-dues, &c. the ſame as her huſband was, when living. Franchiſe by Gift. , The Franchiſe of Newcaſtle cannot be ſold, but may be preſented as a gift; when it is uſually ſtiled, an honorary or perſonal freedom. It has been generally ſuppoſed, that an honorary Freeman can neither tranſmit his Franchiſe to his ſons, nor confer it upon his apprentices: but we muſt allow, if a perſon is a Burgeſs he muſt have the privileges of one ; for an eſtate given (if the giver has a right to give) is as good a tenure 97 as either a purchaſe or a patrimony: and what made the firſt men Burgeſſes, but a gift of the Crown 2 and what made the preſent Burgeſſes ſuch,--but being their deſcend- ants or apprentices : By the Charter of the 42d. of Queen Elizabeth”, it was ordered, that all Burgeſſes ſhould be admitted by the Mayor and Burgeſſes, or Common Council, whereof the Mayor and ſix Aldermen were to be ſeven : this is now diſpenſed with, and the oath adminiſtered by any one of the Magiſtrates is deemed ſufficient. It is uſual, on admiſſion, to preſent the Mayor or Alderman, who admits, with a ſilver penny, or the ſilver coin neareſt to it in value. Newcaſtle FORM OF A FREEMAN's OATH. upon #3 You ſwear that you ſhall from henceforth hold with our Sovereign Lord the King's Majeſty that now is, and with his heirs and ſucceſſors, Kings and Queens of Great Britain, againſt all perſons, to live and to die, and maintain the peace, and all the fran- chiſes of this town of Newcaſtle upon Tyne, and be obedient to the Mayor, Aldermen, Sheriff, and all other officers of the ſame, and their council keep, and no man's goods avow for yours, unleſs he be a free as yourſelf, and of the ſame franchiſe, . And you ſhall obſerve and keep, to the beſt of your power, all lawful ordinances, made by common conſent on high Court days: and all other things you ſhall do that belong to a Freeman of the ſaid town.—So help you God. Joseph CLARK was this 9th. day of September, in the year of our lord God 1800, admitted a free Burgeſs of this Corporation, before the Right Worſhipful Rob ERT S-Claytoa. SHAFTo HEDLEY, Eſq. Mayor, and flands charged with a muſket, for the defence thereof. Signed, R. S. HEDLEY, Mayor. Minutes of Expence attending Admiſſion. Town Clerk - - - - - - - - - - - A.O. 12 S Chamberlains for Town - - - - - - - - 1 4 O Do. begged for themſelves - - - - - O 2 6 Mrs. Storey, Court-keeper - - - - - - - - 0 1 0 Mr. Mayor, a filver fixpence; which was returned, with a requeſt that it be given to the firſt º: O O 6. object met—attended to - - - - - - Wm. Loraine Chamber door keeper - - - - - O I O 4& 3 J 9 * See page 30. 93 INCORPORATED COMPANIES. Mercantile Societies, anciently called Guilds or fraterni- ties, are thought to have been founded in Europe, near the latter end of the ſeventh century. The town of Newcaſtle ſtood much indebted to the patronage of King John, and was honoured very early in his reign with extenſive and new franchiſes of this kind. It muſt be obſerved, the incorpo- rated Companies of Newcaſtle are the very ground work of the other parts and offices of the Corporation; and if ſuffered to fall, the reſt muſt of conſequence follow. It therefore becomes our duty to obſelve, with painful regret, that theſe eſſential parts of this Corporation are, in general, ſo tigd up, by exceſsive lines and illegal ſees of admiſſion, and clogged with ſuch a number of uſeleſs, not to ſay pernicious bye- laws, as threaten, in a little time, almoſt to annihilate them; the number of meeting brethren being reduced conſiderably in almoſt every Company, ſome ſo few as ſcarce to deſerve the name of a Society, and others are already extinét. We hint this for the conſideration of ſuch Companies; that, in- flead of rigidly adhering to thoſe points which have blought them into this predicament, they may, by a proper alteration in their bye-laws, remedy the defect before it be too late. The neceſſity for this will appear by attending to the opi- nion of Lord Kenyon and the other Judges, in the caſe of “Coates againſt the Coopers’ Company,” in 1797. And as I think it the duty of a real ſciend to tell even diſagreeable truths, when ſatisfied it muſt warn thoſe we reſpect of dan- ger, I hope my friends the Burgeſſes will not think me leſs theirs for inſerting the following clauſe of the A&t of Par- liament, which was reſerred to by Lord Kenyon, in the above caſe, and which, according to his Lordſhip’s obſer- vation, is yet in full force, therefore very neceſſary it ſhould be known. 22, HENRY VIII. CAP. 4. For Exačlions not to be levied on the Entry and Admiſſion of /* Apprentices into certain Fraternities. “PRAYEN the Commons in this preſent Parliament aſſembled, that where it was eſtabliſhed, and enaëted in the 19th year of our late Sovereign Lord King Henry VII. that no maſter, wardens, and fellowſhip of crafts, or any 99 of them, nor any rulers of guilds or flaternitics, take upon them to make any aćts Or ordinances, nor to execute any aćts or oldinances by them heretofore made, or hereafter to be made, in diſinheritance, ol diminution of the prerogative of the King, nor of other, nor againſt the common profit of the people; but iſ the ſame act or ordinances be examin- ed or approved by the Chancelior, Treaſurer of England, or Chief Juſtice of either bench, or thiee of them, or before the Juſtices of affize in their circuit or progreſs, in the ſhire where ſuch acts or ordinances be made, upon pain of forfeit- ure of £,40. for every time that they do the contrary, as more plainly in the ſaid act doth appear. Sith which time divers wardens and fellowſhips have made ačts and ordi- nances, that every prentice ſhall pay at his firſt entry in their common hall, to the wardens of the ſame fellowſhip, 40s. ſome 30s. ſome 20s, ſome 13s. 4d. ſome 6s. 8d. ſome 3s. 4d. after their own finiſter mind and pleaſure, contrary to the meaning of the aët aforeſaid, and to the great hurt of the King’s true ſubjećts putting their child to be prentice. Be it therefore ordained, eſtabliſhed, and enaëted, by the King our Sovereign Lord, by advice of the Lords ſpiritual and temporal, and of the Commons in this preſent Parliament aſſembled, and by the authority of the ſame, that no maſter, wardens, or fellowſhip of crafts, or maſters, or any of them nor any rulers of fraternities, take from henceforth of any prentice, or any other perſon or perſons, for the entry of any prentice into their ſaid fellowſhip, above the ſum of 2. 6d. nor for his admiſſion when his years and term is expired and ended, above 3s. 4d. upon pain of forfeiture of £40, for every time that they do to the contrary; the one half to the King our Sovereign Lord, the other half to the party that therefore ſhall ſue by action of debt, information, or other- wife; and that in the aëtion aforeſaid no protećtion or eſſoin ſhall be allowed.” As grievances of this nature do not exiſt in every Com- pany, we leave thoſe whom it concerns to make their own comment; and refer all ſuch, for further inveſtigation, to the 28, of Henry VIII. Chap. 5. and 19. Henry VII. Chap. 7. We will now conclude with a liſt of the dif- ferent incorporated Companies of Newcaſtle, with the moſ. probable-date of their incorporation. IOO 13 MYSTERIES. Merchants (confiſting of Mercers, Drapels, and Boothmen) 1512. Skinners .... . . . . . . . . . . . . . . . . . . . . . . . . . . . 1487. Taylors -- . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1536. Sadlers * * * * * * * * * > * * - O - e º & e e º e º 'º e º tº tº º º 1459. Bakers and Brewers ... ... ... ... ... ... ... ... - Tanners ... ... ... ... ... ... ... ... ... ... 1582. Cordwainers . . . . . . . . . . . . . . . . . . . . . . . . . . . 1556. Butchers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1621. Smiths • e º e º e º e º º ºs e e s tº 5 & 6 e º e º e º e s & © ºf tº 1436. Fullers and Dyers. ... ... ... ... ... ... ... ... 1477. 15 BYE 'TRADES. Mariners ... ... ... ... ... ... ... ... ... ... 1492" Weavers ... . . . . . . . . . . . . . . . . . . . . . . . . ... 1527' Barber Chirurgeons with Chandlers ... ... ... ... ... 1442" Cutlers e e o e s = e a v e a e e s s a e s a • e º e a se e s - e. " Shipwrights ... . . . . . . . . . . . . . . . . . . ... ... 1638. Coopers ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 1486. Houſe Carpenters ... . . . . . . ... ... ... ... ... 1579. Maſons --- . . . . . . . . . . . . . . . . . . . . . . . . . . . 1581. Glovers ... ... ... ... ... . ... ... ... ... ... 1486. Joiners ... . . . . . . . . . . . . . . . . . . . . . . . . . . . 1579. Millers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1578. Curriers, Felt-makers, and Armourers . . . . . . . . . . . . 1546. Colliers, Paviours, and Carriagemen ... ... ... " ... ... 1356. Slaters ... ... ... ... • ... . . . . . . . . . . . . 1451. Glaziers, Plumbers, Pewterers, and Painters ... ... ... 1563. tº gº º * * Hoaſtmen . . . . . . . . . . . . . ... ... Goldſmiths ... ... ... ... ... ... ... ... ... ... 1536. Muſicians " ... ... ... ... ... ... ... ... ... ... - Scriveners ... ... ... ... ... ... ... ... ... ... 1675. Bricklayers ... ... ... ... ... ... ... ... ... ... 1660. Ropers • . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . 1648. Upholſterers, Tinplate-Workers, and Stationers ... ... 1675. Sail-makers ... ... ... ... ... ... ... ... ... ... 1663. Metters * * * * * * * * * * * * * * * * * e º 'º e º a 6 tº a e º tº e 161 l. Porters * * * * * * * * * * * * * * * e a tº g º e º e a tº a tº s & a 1528, COMPANIES EXTINCT. Cooks, Spicers, Furbiſhers, Sword-Slippers, Bowyers, Fletchers, Spurriers, Girdlers, and Vintners. FINIS. , tº e & tº sº º * & I579. -*- Marſhall, Printer, Gateſhead.