To Sir. John Trevelyan Bar. [...] This Portrait of his late Uncle Sir WALTER BLACKETT Bar.

From a Painting by Sir Joshua Reynolds▪ [...] of NEWCASTLE upon TYNE▪ [...]

The History AND Antiquities OF THE TOWN AND COUNTY OF THE TOWN OF Newcastle upon Tyne, including an Account of the Coal Trade of that place and embellished with Engraved Views of the Publick Buildings, &c.

Vol. I.

[figure]

By JOHN BRAND, M. A. Fellow and Secretary of the Society of Antiquaries, LONDON.

Urbs antiqua
dives opum stud [...]sque asperrima belli.
VIRG.

LONDON Printed for B. White & Son, Booksellers, Horace's Head, Fleet Street, and T & L Egerton, Whitehall.

A. D. MDCCLXXXIX.

TO THE RIGHT WORSHIPFUL THE MAYOR, RECORDER, ALDERMEN, SHERIFF, AND COMMON COUNCIL OF THE TOWN AND COUNTY OF THE TOWN OF NEWCASTLE UPON TYNE, THE NATURAL PATRONS OF THIS WORK, THE FOLLOWING HISTORICAL COLLECTIONS ARE MOST RESPECTFULLY INSCRIBED, BY THEIR VERY OBLIGED, AND MOST DEVOTED, FAITHFUL, HUMBLE SERVANT,

THE AUTHOR.

PREFACE.

EVERY work on the subject of Topography, founded on au­thentic records, and executed with accuracy and fidelity, has a natural claim upon the patronage of that particular place or district, of which it treats. The following may in some degree boast of more extensive pretensions, two considerations making an History of Newcastle upon Tyne of general and national im­portance: its situation, not far from the borders of Scotland, which rendered it one of the principal frontier towns during the hostilities with the sister kingdom; and, since that unhappy time, its extensive coal trade.

The oldest printed account of that place, is, a small book in quarto, consisting of thirty-four pages, and intitled, "Chorogra­phia, or a Survey of Newcastle upon Tyne, &c. Newcastle printed by S. B. 1649. S. P. D. dilectis Burgensibus et probis Hominibus Novi Castri super Tinam. W. G."

The last letters stand for the initials of William Grey, of whom I have not been able to recover any particulars. — The Greys of Backworth in Northumberland are said to be of the same family. This work, an imperfect outline, but which is extremely scarce, was reprinted in the Harleian Miscellanies, vol. iii. in 1745, with some additional remarks.

[Page iv]Another small quarto volume on the same subject, very rarely to be met with, is intitled, "England's Greivance discovered in relation to the Coal Trade; with the map of the river of Tyne, and situation of the town and corporation of Newcastle, &c. by Ralph Gardiner of Chriton (Chirton) in the county of Northum­berland, Gent. London, 1655." It is dedicated to the Lord Protector Cromwell, consists of two hundred and eleven pages, and is ornamented with the heads of several kings and queens of England. The author appears to have been a most pointed enemy to the magistrates of Newcastle a. From each of these curious tracts I have adopted in the subsequent collections what­ever I thought worthy of being preserved.

With regard to MS. authorities, I shall constantly refer my readers to the great national repositories—the Heralds' and Aug­mentation Offices, the British Museum, the Rolls' Chapel, and the Tower of London.

The Bodleian library at Oxford, the public library, and those of Trinity and Bennet Colleges in the university of Cambridge, were open to my inspection.

I found a very copious source of unedited materials in the archives of the corporation of Newcastle upon Tyne b.

[Page v]My honoured patron, the Duke of Northumberland, conde­scended to allow me the liberty of perusing and extracting what­ever I found to my purpose from many of the valuable records of his illustrious house.

I was indulged with the free use of a MS. collection, intitled, "An Abstract in order of Time of the Charters and other Records concerning the Town of Newcastle upon Tyne."

It appears to have belonged to some former recorder or town-clerk, but comes no lower down than the fifth year of the reign of King Charles the First.

I cite this under the name of "the Aubone MS." it having belonged to the late Mr. Aubone, secretary to the Trinity-House. A copy of it, taken by Mr. Aubone's permission, is preserved in the library of John Erasmus Blackett, Esq. alderman of New­castle c.

I have derived very considerable information from a MS. in folio, which I call "the Murray MS." having received the loan of it from a gentleman d to whom it was bequeathed by the late Mr. James Murray, attorney at law e. It is written in various hands, and evidently at different periods; so that probably it has also been the property of some former recorder or town-clerk.

I was favoured with the perusal of a curious MS. by the pre­sent possessor, John Medley, Esq. alderman of Newcastle upon Tyne. It is intitled, "A Catalogue of all the Mayors and She­riffs of his Majesty's Towne and Countye of Newcastle upon Tyne, with their Coats of Armes and the Reignes of the several [Page vi] Kinges and Queens of this Land, with certain Briefs of Chronicles that happened in their several Reigns since Anno Domini 1432." I call this throughout the following work "the Carr MS." as it appears to have owed its preservation to one of that family.— The subsequent inscription is stamped in golden letters on the binding: "Robert Carre, Esq. St. Helen Auckland 1730;" with the family arms: viz. gules, on a chevron argent three mullets fable. This is doubtless the identical MS. mentioned by Bourne in page 121 of his History of Newcastlef.

I have occasionally made considerable use of a MS. "Life of Ambrose Barnes, merchant and sometime alderman of New­castle." It is in folio, closely written, with a dedication to Sir Theodore Talbot. It contains several curious anecdotes; but the writer, whoever he was, appears to have been deeply tinctured both with religious and political fanaticism.

The dedication, signed with the initials M. R. is dated June 19th, 1716.

From Bourne's History of Newcastle upon Tyne, a thin folio volume, which was published three years after the death of the author, A. D. 1736, a circumstance which both apologizes and accounts for the various contradictions with which it abounds, I have selected whatever I thought authentic and interesting to my subject g.

[Page vii]George Allan, Esq. F. S. A. of Darlington in the county of Durham, favoured me, in the most liberal and polite manner, with the loan of several volumes of MSS. copied from original records remaining in the church of Durham, and which had been bequeathed to him by the indefatigable transcriber, the Rev. Mr. Randall, late of that city, with liberty of making such ex­tracts as I should think proper. I cite these passim by the title of "Randall's MSS. h"

I selected some very interesting materials from the MS. collec­tions of the late George Grey, of Newcastle upon Tyne, Esq. barrister at law: all of which, together with his library, had been sold by his executors to Mr. Robert Harrison, formerly of that town, of whom they were purchased (with several notes, extracts, and references to books, concerning the same place, which he himself had made and collected in the course of his very extensive reading), for the use of the following work.

Vicinity and other circumstances once tempted me to hope that, in the course of my progress in it, I should have profited much by his judicious observations; but from the circumstance of his removing to the south of England, and of my leaving the north before his return, my expectations on that head were en­tirely frustrated.

[Page viii]Sir Matthew White Ridley, Bart. governor of the Merchants' Company, indulged me in the politest manner with the liberty of inspecting the records of that society.

Alexander Adams, Esq. steward of the Hostmen's Company, did me a similar favour with respect to those of that fraternity.

I am indebted to John Erasmus Blackett, Esq. for the loan of a curious MS. collection of pedigrees, &c. which formerly be­longed to the Calverley family, and to their late most respectable representative, Sir Walter Blackett, Bart.

I owe the perusal of Dr. Ellison's MS. collections, with many other attentions, to the kindness of his grandson the Rev. Natha­niel Ellison, M. A. vicar of Bolam in Northumberland, and lec­turer of St. Andrew's in Newcastle upon Tyne.

The late George Stephenson, Esq. procured me leave to inspect the old books and other records of the Trinity-House of that town.

Liberty to examine and collect notes from the parish registers was granted me in the most friendly manner by the several clergy and keepers of the registers in Newcastle and Gatesheadi.

I owe acknowledgments for permission to inspect several antient MSS. curious deeds, &c. to Thomas Astle, Esq. F. R. S. and S. A. keeper of the records in the Tower of London; to John Topham, Esq. F. R. S. and S. A. of the State Paper Office; to Craven Ord, Esq. F. R. S. and S. A. of the Exchequer; to John Caley, Esq. keeper of the records in the Augmentation Office.

For various communications in the course of the following work, I stand indebted to Charles Coombe, M. D. F. R. S. and S. A.; to the Rev. Mr. Penneck, F. R. S.; the Rev. Mr. [Page ix] Southcote, and the Rev. Mr. Ascough, of the British Museum; to Mrs Adair, formerly Miss Shaftoe, of Benwell Lodge, in the county of Northumberland; to Hugh Hornby, Esq. alder­man of Newcastle upon Tyne; to John Davidson, Esq. clerk of the peace for the county of Northumberland; to Nathaniel Clayton, Esq. town-clerk, and Nathaniel Punshon, Esq. under-sheriff of Newcastle; to Jonathan Airey, Esq. to Thomas Davidson, Esq. to Jasper Harrison, Esq. to Mr. George Anderson, architect; to the late Mr. Davison, and to Mr. Rutter, attorneys at law in Newcastle; to Robert Page, Esq. deputy comptroller of the Custom-House of that place; to Mr. Ralph Beilby, and Mr. Richard Fisher, of the same town.

To the several stewards of the incorporated companies of Newcastle, I was obliged for the liberty of searching in their respective archives for their ordinaries and other antient writingsk.

After pleading, in excuse for the rough and unpolished style of the following collections, the rudeness of my materials, deduced from the records of barbarous ages, corrupted in many places by the ignorance and inattention of former tran­scribers, I shall conclude in the language of the learned pre­late, Dr. White Kennet:

"If the present age be too much immersed in pleasures to take any relish, or to make any use of these discoveries, I then appeal to posterity: for I believe the times will come, [Page x] when persons of better inclination will arise, who will be glad to find any collections of this nature, and to supply the defects and carry on the continuation of it.—I am under no concern to vindicate it from the slights and ridicule that may be cast upon it by idle, witty (his Lordship might have added, ignorant) people, who think all history to be scraps, and all antiquity to be rust and rubbish." Or in that of the great Camden, in the preface to the Latin edition of his Britannia:

"Si qui sint, qui in urbe sua hospites, in patria sua pere­grini, et cognitione semper pueri esse velint, sibi per me pla­ceant, sibi dormiant, non ego illis haec conscripsi, non illis vigilavi."

LIST OF SUBSCRIBERS.

A.
  • GAWEN Aynsley, Esq. Little Harle Tower
  • James Allgood, Esq. Nunwick
  • Henry Askew, Esq. Red Heugh
  • Mr. John Anderson, Newcastle
  • Mr. George Anderson, ditto
  • Alexander Adams, Esq. ditto
  • Mr. George Adams, ditto
  • Henry Airey, Esq. ditto
  • Jonathan Airey, Esq. ditto
  • Mr. Archdeacon, — ditto
  • George Allan, Esq. F. S. A. Darlington
  • Thomas Adams, Esq. Alnwick
  • Mr. William Anderson, Newcastle
  • Mr. Edward Alder, Weetslet, Northum­berland
B.
  • Sir Thomas Blackett, Bart. Bretton
  • Sir Edward Blackett, Bart. F. S. A. Matfen
  • Sir Francis Blake, Bart. Fowberry
  • John Erasmus Blackett, Esq. alderman of Newcastle
  • Rev. Mr. Blackett, rector of Boldon
  • Christopher Blackett, Esq. Newcastle
  • Charles Brandling, Esq. M. P. for New­castle
  • Thomas Charles Bigge, Esq. Benton-House
  • Thomas Bigge, jun. Esq. C. C. C. Oxon.
  • Rev. Doctor Bates, rector of Whalton
  • Ralph Bates, Esq. in the 6th or Innis­killing Dragoons
  • Richard Bell, Esq. Newcastle
  • Matthew Bell, Esq. Wolsington
  • Bryan Burrell, Esq. Broom Park
  • Mr. William Burdon, Emanuel College, Cambridge
  • George Brooks, Esq. Durham
  • John Brooks, Esq. Biddenham, Bed­fordshire
  • Mr. Jasper Brewell, Linkhouse
  • Mr. William Bloxham, London
  • Mr. John Birch, Gateshead
  • Charles Brown, Esq. M. D. Newcastle
  • Mr. Ralph Brown, — ditto
  • Mr. Thomas Barker, — ditto
  • Mr. Charles Dalston Barker, ditto
  • Mr. Robert Barkass, — ditto
  • Mr. Ralph Beilby, — ditto
  • Mr. Richard Burrell, — ditto
  • Mr. John Blake, Morpeth
  • R. H. A. Bennett, Esq. Pall-mall, Lon­don
  • Mr. Richard Brown, Wylam
  • Rowland Burdon, Esq. Castle Eden
  • [Page xii]John Blackett, Esq. Wylam
  • Mr. Michael Bryan, Ghent, Flanders
  • Mr. George Brumell, Newcastle
C.
  • Sir Thomas Clavering, Bart. M. P. Ax­well Park
  • Percival Clennell, Esq. Harbottle Castle
  • Edward Collingwood, Esq. Chirton
  • George Collpits, Esq. Killingworth
  • John Clutterbuck, Esq. Warkworth
  • Rev. Dr. C. Cooper, Kirby Overblow
  • The Rev. Mr. Joseph Cook, Sheepwash
  • William Charlton, Esq. Heslieside
  • Ralph Carr, Esq. Dunston Hill
  • Benjamin Colborne, Esq. Bath
  • Mr. R. Christopher, Stockton
  • Mr. Cole, Chester-le-street
  • Mr. Croduce, Lambton
  • The Social Club, Hexhamshire
  • Captain John Cunningham, Tinmouth
  • William Cr [...]amlington, Esq. alderman of Newcastle
  • Nathaniel Clayton, Esq. town-clerk of ditto
  • Mr. Snow Clayton, Newcastle
  • Robert Clayton, Esq. ditto
  • Richard Chambers, Esq. ditto
  • Isaac Cookson, Esq. ditto
  • Mr. William Charnley, ditto
  • Mr. Robert Coulter, ditto
  • Mr. Ralph Clarke, London
  • Robert Carlisle, Esq. Haltwhistle
  • John Christian, Esq. Workington Hall
  • George Crawford, Esq. King's Langley, Herts
  • Edward Charlton, Esq. Reedsmouth
  • Mr. George Carr, St. Petersburgh
D.
  • The Right Rev. the Lord Bishop of Durham
  • The Dean and Chapter, ditto
  • Captain Durnford, Royal Engineers
  • John Davidson Esq. Newcastle
  • Thomas Davidson, Esq. ditto
  • Mr. James John Davis, ditto
  • Mr. William Darnell, ditto
  • Edward Dale, Esq. ditto
  • Mr. Isaac Dixon, ditto
  • Mr. John Dagnia, ditto
  • Mr. George Dickenson, ditto
  • Mr. John Dodds, ditto
  • Sir John Dick, Bt. Harley-street, Lond.
  • Captain Dent, Short Flat
  • The Rev. Mr. Drummond, rector of Rothbury
E.
  • Sir John Eden, Bart. Windlestone
  • Henry Ellison, Esq. Hebburn
  • Rev. Mr. Nathaniel Ellison, Newcastle
F.
  • Joseph Forster, Esq. Newcastle
  • James Fenwick, Esq. M. D. ditto
  • William Fenwick, Esq. Grange House, near Morpeth
  • Barnabas Fenwick, Esq. Ryton
  • Thomas Fenwick, Esq. Earsdon
  • Mr. George Fenwick, Lambton
  • Mr. John Fenwick, Newcastle
  • Mr. Edward Fawcett, ditto
  • Mr. John Fish, ditto
  • Mr. Richard Fisher, ditto
  • Mr. Fishwick, White Lead Works, near ditto
  • [Page xiii]William Fenwick, Esq. Bywell
  • Christopher Fawcett, Esq. recorder of Newcastle
G.
  • The Right Hon. Lord Adam Gordon
  • William Greive, Esq. Ord House
  • Mr. Thomas Gibson, merchant, New­castle
  • Mr. A. T. Griffith, ditto
  • John Gregson, Esq. Buckton
  • Ralph William Grey, Esq. Backworth
H.
  • Hugh Hornby, Esq. alderman of New­castle
  • Mr. Thomas Emmerson Headlam, New­castle
  • Mr. Robert Hedley, Newcastle
  • Right Worshipful John Hedley, Esq. mayor of Newcastle
  • Rev. Mr. Haigh, Newcastle
  • Mr. Ralph Haigh, ditto
  • Rev. Mr. Hornby, ditto
  • Jasper Harrison, Esq. ditto
  • Mr. Thomas Hawdon, ditto
  • Mr. John Hindmarsh, ditto
  • Mr. George Henderson, ditto
  • Mr. S. Hodgson, ditto
  • Mr. John Hall, ditto
  • William Hargrave, Esq. Shawdon
  • Henry Hudson, Esq. Whitley
  • Rev. Mr. Hogarth, Kirknewton
  • Mr. Thomas Harvey, Gateshead
  • Mr. Howlitte, Coventry
  • Rev. Mr. Hugh Hodgson, M. A. vicar of Eglingham
  • Mr. Thomas Hannay, Blythe
  • Mr. Anthony Hood, Newcastle
  • Mr. Thomas Hibbert, Grosvenor-street, London
  • John Hall, Esq. M. D. Newcastle
  • Ralph Heron, Esq. ditto
  • Mr. William Handasyde, London
  • Mr. Thomas Hall, Newcastle
  • Thomas Haggerstone, Esq. Sandoe
  • House Carpenters' Company, Newcastle
I.
  • Robert Ilderton, Esq. Westoe
  • Mr. William Ingham, Newcastle
  • Francis Johnson, Esq. alderman of Newcastle
  • Joiners' Company, Newcastle
  • Mr. Jacob Jackson, Bluntswall, Essex
  • Mr. George Johnson, Byker
K.
  • Mr. Richard Keenlyside, Newcastle
  • Mr. William Kent, ditto
  • John Kirton, Esq. London
  • Mr Thomas Kerr, Alnwick
L.
  • Sir John Lawson, Bart. Brough Hall
  • Lady Liddell, Ravensworth
  • Rev. Mr. Lushington, vicar of New­castle
  • Robert Lisle, Esq. Acton House
  • Mr. Ralph Laidler, Twizell
  • [Page xiv]Samuel Lacy, Esq. Kirk Oswald
  • John Lowes, Esq. Ridley Hall
  • Anthony Leaton, Esq. Whickham
  • Mr. Edward Lawson, Morpeth
  • Mr. Jos. Langstaff, Newcastle
  • Mr. Samuel Lawton, ditto
  • Mr. Richard Lambert, ditto
  • Mr. William Lloyd, ditto
  • Mr. John Langlands, jun. ditto
  • Mr. David Landell ditto
  • Wilfred Lawson, Esq. Brayton, Cum­berland
  • Mr. William Leighton, Newcastle
M.
  • Sir William Middleton, Bart. Belsay Castle
  • Edward Mosley, Esq. alderman of New­castle
  • Mr. Miles Monkhouse, Newcastle
  • Rev. Mr. Manners, ditto
  • Rev. Mr. Moises, rector of Greystock
  • Mrs. Montague, Portman-square, Lon­don
  • Mr. John Morrison, White House
  • Mr. John Doyne M'Arthur, Newcastle
  • Mrs. Mills, ditto
  • James Milnes, Esq. Thornes House
  • Mr. David Martin, Sheffield
  • Right Hon. Lord Mountstuart
N.
  • Mr. Joseph Naters, Sandifordstone
  • Mr. William Newton, Newcastle
  • His Grace the Duke of Norfolk
O.
  • Ralph Ord, Esq. Sands
  • William Ord, Esq. Fenham
  • William Ord, Esq. Morpeth
  • Mr. Leonard Shaftoe Ord, University College, Oxford
  • William Ogle Wallis Ogle, Esq. Cawsey Park
P.
  • Robert Meggison Pearson, Esq. New­castle
  • Nathaniel Punshon, Esq. ditto
  • Mr. George Pickering ditto
  • Mr. Ralph Pickering ditto
  • Mr. George Parker ditto
  • Robert Page, Esq. ditto
  • Samuel Phipps, Esq. Lincoln's Inn, London
  • Mr. Peter Paxton, Newcastle
  • Thomas Pugh, Esq. London
  • Thomas Pennant. Esq.
R.
  • Sir Matthew White Ridley, Bart. alder­man and member of Parliament for Newcastle, two copies
  • Nicholas Ridley, Esq. Gray's Inn, Lon­don
  • Rev. Henry Ridley, Newcastle
  • Sir James Riddell of Ardnamurchan and Sunart, Bart.
  • James Rudman, Esq. alderman of New­castle
  • Mr. John Robertson, Newcastle
  • [Page xv]Mr. R. Rayne, Newcastle
  • Mr. William Rayne, ditto
  • J. S. Raisbeck, Esq. Stockton
  • Mr. William Raisbeck, Newcastle
  • Mr. Richard Rogerson, ditto
  • Mr. Thomas Robson, ditto
  • Mrs. Ann Robinson, ditto
  • Joseph Ritson, Esq. Gray's Inn, London
  • Rev. Mr. Rotheram, Houghton-le-Spring
  • Mr. Robert Rumney, Warden
  • Admiral Roddam, Roddam
  • Lowther Rutter, Esq. Newcastle
S.
  • Aubone Surtees, Esq. alderman of Newcastle
  • Aubone Surtees, jun. Esq. Newcastle
  • William Surtees, Esq. ditto
  • Mr. John Surtees, ditto
  • Rev. Matthew Surtees, University Col­lege, Oxford
  • Mr. John Soulsby, Newcastle
  • Mr. James Scott, ditto
  • Mr. William Scott, ditto
  • Mr. Henry Scott, ditto
  • Mr. John Scott, Dockwray's Square, North Shields
  • George Stephenson, Esq. Elswick
  • Mr. David Stephenson, Newcastle
  • Mr. Thomas Sopwith, ditto
  • Mr. John Stokoe, ditto
  • Rev. Dr. Sharp, archdeacon of North­umberland
  • James Storey, Esq. Otterburn
  • Mr. Joseph Storey, Queen-street, Cheap­side, London
  • Henry Collingwood Selby, Esq.
  • John Silvertop, Esq. Minster Acres
  • Bernard Shaw, Esq. Usworth Place
  • Mr. John Smart, Trewit
  • Mr. Robert Storey
  • Robert Smith, Esq. Castle-yard, Hol­born
T.
  • Sir John Trevelyan, Bart. Wallington
  • Walter Trevelyan, Esq. Nether Witton
  • Rev. Mr. Thorp, rector of Gateshead
  • Marmaduke Tunstall, Esq. Wycliffe
  • Mr. David Taylor, Little Britain, Lond.
  • Mr. John Todd, York, two copies
  • Trinity-House, Newcastle
  • Mr. Anthony Taylor, Newcastle
  • Mr. Edward Twizell, ditto
  • Rev. Mr. William Turner, ditto
  • Taylors' Company, ditto
  • John Thorpe, Esq. M. A. F. S. A. Bex­ley, Kent
  • Edmund Turnor, Esq. F. R. A. S.
U.
  • The University College, Oxford
V.
  • Hon. Frederick Vane, Esq. Sellaby
  • James de Vismes, Esq. London
W.
  • John Widdrington, Esq. Hauxley
  • John Walker, Esq. Rotheram
  • [Page xvi]Thomas Ward, Esq. Nunnikirk
  • Rev. Mr. Webster, prebendary of Dur­ham
  • Mr. Isaac Westmoreland and Co. Cald­beck
  • Mr. Whitelock, Bushblades
  • John Wilkie, Esq. Hetton
  • Mr. George Wood, Durham
  • Mr. Nicholas Walton, jun. Farnacres
  • Mr. Richard Wilson, Bartlet's Buildings, London
  • Messrs. Alexander Wilson and Son, Glasgow
  • Mr. Edward Wilson, South Shields
  • William Wilson, Esq. Newcastle
  • Mr. Robert Wilson, ditto
  • Mr. William Wilson, ditto
  • Mr. Ogle Wallis, Newcastle
  • Mr. William Wolfall, ditto
  • Mr. George Weatherby, ditto
  • Mr. Williams, ditto
  • Mr. James Wilkinson, ditto
  • Mr. John Rawling Wilson, ditto
  • Mr. Ralph Waters, ditto
  • Mr. Thomas Waters, ditto
  • Mr. Wentworth, Minerva House
  • Rev. Mr. Wilson, rector of Wolsing­ham
  • Mr. Williamson, Great Russell-street, Bloomsbury, London
Y.
  • Mr. David Yates, jun. Manchester
A Plan of NEWCASTLE upon Tyne and GATESHEAD 1788.

Engraved by R. Beilby.

[Page]

  • A Kings maner
  • B Kings Lodgings
  • C Grammer Schole
  • D The manner
  • F Newe house
  • H Black friers
  • I Saint Iohns
  • K High Castle
  • L Almese Houses
  • M Saint Nicholas
  • N Alhallowes
  • O Trinitie House
  • P Pandon Hall
  • Q The wall Knoll
  • R The Stone Hill
  • S The maisen deeu
  • T Almose Houses
  • V West Spittle
  • W White Friers
  • X Scottish Inne
  • Z Newe yate
  • 3 West gate
  • 4 Pandon yate
  • 6 Sandgate yate
  • 7 Close gate
  • 8 The Key.

HISTORY OF NEWCASTLE UPON TYNE.

ANCIENT FORTIFICATIONS, STREETS *, CHURCHES, MONASTERIES, BRIDGES, AND OTHER PUBLICK EDIFICES, IN NEWCASTLE UPON TYNE.

HARDYNG, in his Chronicle, informs us that Newcastle upon Tyne was inclosed with a wall during the reign of William Rufus a.

[Page 2]In a charter of King John to that town, dated January 28th, 1216, express mention occurs of the walls thereofb.

In a grant from the King to the Black-Friars of Newcastle, dated Sept. 18th, 1280, the west part of the present wall of that town, near the house of that order, is called the New-Wall c.

[Page]

Most respectfully inscribed [...]. Hugh H [...]rn [...]y Esq. [...]

An inside View of part of the TOWN WALL of Newcastle upon [...] St. Andrew's Church between Newgate and Westgate.

[Page 3]In a record, dated May 26th, 1307, the building anew of the walld of Newcastle, on the side towards the east, occurs e: this was, in all probability, occasioned by the union of Pampedon, or Pandon, with that town, by the charter of Edward I. dated Dec. 20th, 1299 f.

King Edward the Third, in the first year of his reign, A. D. 1327, granted the custom of things sold at Newcastle upon Tyne to be taken for seven years, to contribute towards the reparation of the walls of that town g.

The above King repaired the walls of Newcastle during his residence there in 1334 h. The year following Hugh de Merchinleigh, one of [Page 4] the bailiffs of that place, was removed from his office by the common­alty of the town, for having procured murage against them i.

A. D. 1386, 10 Ric. II. there was an assignment to the mayor and bailiffs of Newcastle upon Tyne, to take workmen for repairing the walls of that town k.

August 16th, 1403, King Henry IV. granted to the mayor of Newcastle upon Tyne, all fines and forfeitures for the reparation of the walls and bridge of that town l.

A. D. 1527, mention occurs of an annuity of twenty pounds, granted by King Henry the Eighth, for the support of the walls and bridge of Newcastle upon Tyne m.

The walls here were much damaged during the remarkable siege, and at the taking of the town by storm, in the year 1644. There was af­terwards a grant from Parliament, of the sum of 2,564l. for repairing them n.

[Page 5]June 17th, 1667, there is an order of the common council of Newcastle upon Tyne for the immediate reparation of the walls, gates, and draw-bridges of that town o.

Several houses, erections, buildings, and other obstructions near these walls, were pulled down at the rebellion in 1745. There are orders of the common council, dated September 28th, and October 7th that year, to indemnify the town's surveyor, and make up the damages of the private sufferers p.

November 17th, 1762, the corporation of Newcastle upon Tyne, on their petition, stating, that that part of the town-wall, which ex­tended from the Sand-Hill to Sand-Gate, was no longer of any use for defence, but a great obstruction to carriages and hindrance to the dis­patch of business, obtained an order of the privy council to remove it at their own expence q.

FOSS.

THE Foss or Ditch, that has anciently surrounded the walls of Newcastle, is, in most places at present, filled up, and made level with the adjoining ground. The space, however, which it occupied, is still called "The King's-Dikes." It appears to have been uniformly of the breadth of twenty-two yards, or a chain. It is claimed as the pro­perty of the corporation, to whom every waste within their jurisdiction devolves, by the authority of their charter. It occurs, A. D. 1312, by the name of "novum fossatum." See account of Black-Friars.

The subsequent entry occurs in the common council books, Sept. 28th, 1648. "Ordered, upon the petition of James Turner, shewe­ing, that whereas he farmed the Kinge's-Dikes of the towne, and was to paie about 30 and odd shillings rent for the same—By reason of the trenches it became a common road for man and horse, and especially for the townes kie, so that he could make no benefit by it, &c."

As does the following: "February, 1654. The ground called the King's-Dikes, leadinge from Sand-Gate towards Wallknole-Tower, ordered "to be canted," i. e. let to the highest bidder, with the Wall­knole-Close—as likewise the dikes from Pandon to Sand-Gate."

TOWERS AND GATES.

THE town, says Bourne, after the completing of the walls, was divided into twenty-four wards r, according to the number of the [Page 7] gates ſ, and round towers in them, which were wont to be defended, in times of hostility with the Scots, by the particular wards appropriated to them.

There was a turret, or tower, fifty-two yards to the south of the Close-Gate, adjoining to the river Tyne t—part of it is still remaining. —It has been made use of, successively, as a meeting-house for the companies of house-carpenters and sail-makers.

The Close-Gate u, which since the fall of Tyne-Bridge, in 1771, has been converted into a temporary prison, has evidently had its name from the street called the Close, both sides of which it had in ward as far as the place called Javel-Grip. From the Close-Gate there are an hundred and forty steps, on the top of the wall, as it mounts a very steep hill to White-Friar-Tower, at the distance of sixty-nine yards and one foot.—The common name of these, i. e. the Break-Neck-Stairs, is of very obvious etymology.

[Page 8]White-Friar-Tower was so called from the adjoining house of the Carmelites, or White-Friars. The fraternity of masons had their hall in the upper apartment of this tower; in the lower one was the meet­ing-house of the companies of bricklayers and mettors v.

The distance from White-Friar-Tower to Postern-Gate, which adjoins on Denton, or Nevil-Tower, is two hundred and fourteen yards and two feet.

Denton, or Nevil-Tower w, probably derives the first of these appel­lations, from the same person that gave a name to the lane called Denton-Chare—As it undoubtedly does the second from the Nevil family, whose town-house, called Westmoreland-Place, stood near, and is said to have communicated with it by a subterraneous passage.

[Page 9]From the Postern-Gate x to West-Spital-Tower y it measures an hundred and eighteen yards and four feet. This tower undoubtedly derived its name from St. Mary's Hospital, otherwise called ‘West-Spital,’ which stands very near it. Bourne supposes it was built by [Page 10] the master and brethren of that hospital for their protection. It is cer­tain they had hereabouts a postern in the Town-Wall z.

The next to West-Spital is Stank-Tower a.

The next to Stank is Gunner-Tower: the distance from West-Spital to Gunner-Tower is two hundred and six yards and one foot.

From Gunner-Tower b to Pink-Tower c it measures eighty yards and one foot.

From Pink-Tower to the West-Gate the distance is ninety-three yards and two feet.

[Page]

To the Rev. John Brand. A. M. Rector of the City of London Chaplain [...] his [...] of the Society of [...] This Plate exhibiting a VIEW of the WEST GATE in NEWCASTLE upon TYNE [...]

[Page 11]This gate consists of four wards, and is said to have been built by Roger de Thornton, a merchant, who from small beginnings became equally distinguished for his wealth and munificence. This place was formerly a prison for unruly apprentices, and is at present the hall of the company of house-carpenters. A foot way was opened out on the north side of this gate, 1782; "Edward Mosley, Esq. mayor, George Collpits, Esq. sheriffd."

Leland calls this gate "a mightye strong thinge of four wardes and an yron gate."

From the West-Gate to Durham-Tower e it measures an hundred and one yards and one foot.

[Page 12]From Durham to Herber-Tower f, the distance is seventy-seven yards and one foot.

This is the meeting-house of the armourers, curriers and felt-makers, who made an agreement to repair it for that purpose, July 3d 1620 g.

From Herber to Mordon-Towerh it measures an hundred and fifteen yards.

This is at present the hall of the glaziers, plumbers, pewterers and painters, who repaired it A. D. 1700. It appears to have been granted to them in 1619i.

Between Herber and Mordon-Tower there has been a postern in the wall.—See the account of the Monastery of Black-Friars.

From Mordon to Ever-Tower k the distance is ninety-nine yards and one foot.

This was built by some of the ancient family of Eure, or Ever, lords of Kirkley, near the river Blyth, and barons of Witton, in the county of Durham. It is now the hall of the paviers, colliers and carriage-men.

[Page]

To the Right Worshipful Ed [...]. Morley E [...]q [...] Mayor of Newcastle upon Tyne. This View taken from the North of the GATE of that TOWN called NEWGATE. John Brand 1781

[Page 13]From Ever to Andrew-Tower l it measures one hundred yards. This has evidently got its name from its vicinity to St. Andrew's Church.

From St. Andrew-Tower to New-Gate m the distance is an hundred yards.

We may infer, from the name of this gate, that it has been erected on the site of an older one, which appears to have been called Berwick-Gate n. On the north front there remain three ancient shields of arms —St. George's cross—Arms of England, with the fleurs de lis semée o —and those of Newcastle upon Tyne.—The upper part of this front seems considerably more modern than the rest of the structure.

The statue thereupon appears to resemble King James I p.—It is placed [Page 14] under an arch of Roman architecture, has a crown and robes, holding a sceptre in the right, and a globe or mound in the left hand.—New-Gate was built before Newcastle q was made a county of itself, and took custody of its own prisoners, who, no doubt, before that period, were confined in the prison of the castle of that town, in common with other delinquents of the county of Northumberland. The additional wings or flanks on each side of the south front of this structure appear to have been erected about the beginning of the present century r. The port­cullis of this gate still remains.

June 21st, 1676, there was an order of common-council to appoint a minister for reading prayers every Wednesday and Friday, and preach­ing a sermon to the prisoners confined here, once a month, with an annuals salary of 10l. In the year 1765, a foot-way was opened into Sid-Gate on the east side of New-Gate, through the Town-Wall, for the convenience of the publick.

[Page]

PILGRIM STREET GATE South Front.

[...] Author [...]

Most respectfully [...]ded to James —Rudman. Esq. ALDERMAN of NEWCASTLE upon TYNE.

[Page 15]From New-Gate to Bartram Mombowcher-Tower t it measures an hundred and twenty-six yards and one foot. This has plainly had its name from the Bertram Mombowcher, who was several times sheriff of Northumberland u.

From Bartram Mombowcher to Fickett-Tower v it measures an hun­dred and thirty-two yards.

From Fickett-Tower to Pilgrim-Street-Gate x the distance is an hun­dred and thirty-seven yards. Convenient foot-passages have lately been [Page 16] opened out on each side of this gate communicating with Northumber­land-Street y.

From Pilgrim-Street-Gate to the Weavers or Carlel-Tower z, between which there are three less ones, a the distance is an hundred and fifty-seven yards and two feet. This is at present the hall of the weavers' company, and is called Carlel or Carliol-Tower, from the family who gave its name also to the Carlel-Croft. The weavers repaired it A. D. 1682.

From Weaver or Carlel-Tower, to Carlel-Croft-Tower b, otherwise called Plummer-Tower, the distance is an hundred and seventy-six yards. This was also called Cutlers' Tower, having once been the hall of that company, who are now extinct in Newcastle. It has been fronted after an elegant design, and is at present the meeting-house of the fraternity of masons.

From Carlell-Croft or Plummer-Tower, to Austin-Tower c, it mea­sures

[Page]
[...] Duke [...] Earl Northumberland [...] [...]arter [...] NEWCASTLE [...] TYNE. [...]

[Page 17] one hundred and eighty-seven yards. This tower has evidently had its name from its vicinity to the house of Austin-Friars. It has been, successively, the hall of the millers and coopers, and is at present the meeting-house of the ropers, who repaired it, A. D. 1698, John Langlands and John Dawson being wardens.

From Austin-Tower to Corner-Tower d, the distance is an hundred and thirty-two yards.

From Corner-Tower to Pandon-Gate e, it measures ninety-five yards and two feet.

Over the gate-way, the barber surgeons had once their meeting-house. It has resembled, in its original state, three turrets, between Pilgrim-Street-Gate and the Weavers' Tower.—The western wall of this meet­ing-house appears to have been taken away during the civil wars. It has been called, but erroneously, a tower of the Roman wall, which passed it at a considerable distance, and went over the top of the hill called Wallknoll.

From Pandon-Gate to Wallknoll-Tower f, or the Carpenters' Tower, it measures ninety-five yards and one foot.

[Page 18]From Wallknoll, or Carpenters' Tower, to the farther side of Sand-Gate g, the distance is two hundred and thirty-two yards and one foot h.

[Page 19]The Town-Wall, which formed a right angle here, and ran parallel with the river Tyne to Close-Gate, which had Broad-Chare-Gate, with many smaller water-gates, and Bridge-Gate in it, is now almost intirely taken away.

HOUSES, STREETS, &c.

IT appears, by the books of the window-cess, for 1781, that two thousand three hundred and eighty-nine houses were then rated to pay that tax within the four parishes of Newcastle i.

Hutton's plan makes the number of houses in that town two thou­sand four hundred and fifty, and in Gateshead five hundred and fifty k.

QUAY, OR KEY-SIDE l.

THIS street, at present, lies open to the river—It was formerly bounded on the south side by the Town-Wall m, which, in this place, was perforated by a great number of small gates: it has been much enlarged by the removal of this part of the wall, and is, indeed, at present, one of the longest and most commodious wharfs in the king­dom. [Page 21] The length of it, according to Bourne, is 103 rods. The custom-house of the port of Newcastle was, a few years ago, re­moved from the upper, or western end of the Key-Side, to a situation nearer to its center n.

Twenty narrow lanes o, or, as they are called here, chares p, lead from the Butcher-Bank, Pandon, &c. and terminate in the Key-Side. —Their names, which they seem to have changed almost with every change of their owner, are given, as follow, in Corbridge's Plan of Newcastle, A. D. 1723.

  • q 1. The Dark-Chare.
  • r 2. Grinding-Chare.
  • 3. Blew-Anchor-Chare.
  • 4. Pepper-Corn-Chare.
  • 5. Palester's-Chare.
  • s 6. Colwin's-Chare.
  • [Page 22] t 7. Hornsby's-Chare.
  • u 8. Plumber-Chare.
  • v 9. Fenwick's-Chare.
  • w 10. The Park.
  • 11. Broad-Garth.
  • 12. Peacock-Chare.
  • 13. Trinity-Chare.
  • 14. Rucastle-Chare.
  • x 15. Broad-Chare.
  • 16. Spicer-Lane.
  • 17. Burn-Bank.
  • y 18. Baker-Chare.
  • z 19. Coxton-Chare.
  • a 20. Love-Lane.

Betwixt Grindon-Chare and Blue-Anchor-Chare, there is a remark­able old building: the front towards the Quay has a balcony, supported by posts with shields on them, but at present not charged with any ar­morial bearings.—Behind, in Grindon-Chare, is a very observable house b, of stone, with buttresses on the outside, with a crypt, or vault, [Page 23] arched with stone, now converted into a cellar.—Human bones have been found here, and there is a tradition, that this was once called St. John's Chapel.

SAND-HILL.

THIS is said to have been, anciently, at low-tide, an hill of naked sand, where the inhabitants of the town were wont to assemble for their recreation c. It is at present the great market-place of New­castle.

On the south side of the Sand-Hill stood the hospital called Maison de Dieu, for a warden, being a priest, and nine poor men, brethren, and four poor women, sisters, which was founded about the beginning of the reign of King Henry the Fourth, by Roger de Thornton d (a most opulent merchant, representative in parliament, and a great be­nefactor to the town of Newcastle), and dedicated to St. Catharine.

[Page 24]February 12th, 1403, King Henry IV. granted a licence to Roger Thornton, burgess of Newcastle upon Tyne, to alien in mortmain to the mayor, sheriff, aldermen and commonalty of that town, a piece of ground an hundred feet in length, and twenty-four in breadth, within that town, wherein certain poor persons were to be provided with meat and clothing, in an "House of God," to be built thereupon by the said Thornton, and where they should pray daily for the health of the said mayor, sheriff, aldermen and commonalty; as also for that of the founder, while he lived, and after their respective deaths for their souls, and the souls of the father and mother of the founder, and those of all the benefactors of that intended hospital e.

The royal licence for the foundation of this hospital is dated June [Page 25] 10th, 1412, when the edifice appears to have been completed. By the name of the warden, brethren and sisters of the hospital of St. Katherine, called Thornton's Hospital, in Newcastle upon Tyne, they might plead and be impleaded in all courts, and have a common seal. —This grant included also the licence for the chantry of St. Peter, in the chapel of All-Saints, in that town f.

July 6th, 1424. King Henry VI. by his patent, setting forth, that whereas the king's grandfather had given licence to Roger Thornton, his heirs, assigns, and executors, to acquire for this hospital to the yearly value of ten pounds, therefore granted a licence to the said Roger, to assign a portion of ten messuages and ten tofts, with their appurtenances, in Newcastle upon Tyne, of the value of seven pounds per annum, as appeared by an inquisition made by John Wall, late mayor of Newcastle, and eschaetor there, to this hospital, in aid of their support for ever, in full satisfaction of the lands, tenements and rents, to the value of ten pounds per annum aforesaid g.

[Page 26]Roger Thornton, by his will, dated the Thursday before Christmas-day, 1429, bequeathed to this place, which he styles "The Meson-Dieu of St. Katherine of my foundation, for their enorments," twenty poundsh.

In the year 1456, Roger Thornton, probably the son of the founder, granted to the mayor and community of Newcastle upon Tyne, the use of the hall and kitchen belonging to this hospital, to the following purpose; "for a young couple," says the Milbank MS. "when they were married, to make their wedding dinner in, and receive the offer­ings and gifts of their friends: for at that time houses were not largei."

February 5th, 1531, Sir John Lomley, Knt. Lord of Lomley, the [Page 27] true and undoubted patron, granted to Robert Ayton, of Fishborn, in the county of Durham, and to Robert Halyman, of Newcastle, yeoman, jointly, the next vacation, nomination and jus patronatus of the free chapel of St. Catherine, called Masyndue k.

The following account of this place is extracted from a certificate of colleges and chantries in Northumberland and Durham, 37 Hen. VIII. A. D. 1546, remaining in the augmentation-office. "The Hospitalle of Saynt Katheryne, called le Maison-Dieu, in the parishe of All-Saynts, in the towne of Newcastell upon Tyne, was founded by reporte to fynde a prieste for ever to be ther dayly resident in kepyng of hospi­talitie to the reliefe of the poore, and to herborowe the sickke, and to gyve in almes yerely certeyn cooles to poore folks, to the value of 26s. 8d. and bredde to the valewe of 13s. 4d. and to kepe two yerely obytts for the founders sowles, but the dede of the foundacion we have not seene—yerely value 8l. 1d.—yerely value according to this survey 20l. 3s. 2d. as appereth by a rentall, whereof is paid out for rents re­solut 23s. For a perpetual salarie, 6l. 13s. 4d.—For two obitts, 16s. 4d. and for almes, 40s. to be distributed according to the foundacion.— And for the Kinges Majesties tenths, 16s. quad.— 11l. 8s. 8d. quad. And remayneth clerely 8l. 13s. 5d. ob. quad. which the incumbent hathe towarde his lyvyng, according to the order of the foundacion.— It is aboute a furlong in distance from the parishe churche.—Value of or­naments, [Page 28] jewells, plate, goodes and catalls, 62.s. 8.d. as appereth by a perticuler inventory of the same.—Ther were no other landes nor yerely profits, &c."

A. D. 1535, this house appears to have been valued at 12l. 3s. 10d. in the whole, and at 8l. 1d. clearl.

In 1551, five poor women resided in the Maison-Dieu m.

February 14th, 1582, and July 7th, 1586, Martin Hallyman occurs as master of the "Masendew n."

This place appears to have continued in the family of the founder after its dissolution: for Sir Richard Lumley, of Lumley-Castle, in the county of Durham, knight, a descendant of Thornton by the fe­male line, conveyed, June 1st, 1624o, to the mayor and burgesses of Newcastle upon Tyne, and their successors for ever, "all that building of stone covered with lead, standing near to the water of Tyne, and to the east part of the town's chamber of the said town of Newcastle, being about sixteen yards in length, and anciently part of, and belong­ing to the hospital of St. Catharine the Virgin, commonly called Thornton's Hospital." An annual rent appears to have been re­servedp.

[Page 29]In Speed's Plan of Newcastle the Maison-Dieu is the only publick place, or building q, marked on the Sand-Hill, through which Lork-Burn is represented as passing r on the east side. It has, since that time, been arched over. In this place stand the exchange and town-court, built between the years 1655 and 1658 s. An old town-house appears to have occupied nearly the same site t, which, as Bourne in­forms us, was built by the munificent Roger Thornton.

The present town-court is of beautiful architecture.—The ceiling is adorned with various paintings, and the floor laid with chequered marble. The benches are, at the west end, considerably raised above [Page 30] the floor of the court u— Above hang portraits of Charles II. and James II. at full length, and as large as the life v. The windows are on the south—one is in form of a catharine-wheel, in which is a large sun-dial of painted glass—the motto, Eheu fugaces! Under this win­dow is a large balcony, which overlooks the river.—Here the mayor and sheriff hold their courts of guild, &c. Here was, formerly, the court of admiralty kept, and here, also, the judges on the northern cir­cuit hold the assizes once a year.

A little before the revolution w "a statue of King James the Second, [Page]

Statues of the K. [...] Charles [...] James [...]

JAMES the II. By the Grace of God of Great Britain France & Ireland King Defender of the Faith [...] Cre [...]gh Knight Mayor P [...] Gill Esq. Sheriff 1685

[Page 31] on horseback, cast in copper, of the size of the famous equestrian statue of Charles I. at Charing-Cross, was erected on the Sand-Hill. It was the work of Mr. William Larson, was approved of by Sir Christopher Wren, and cost the town 800l. sterling.—It was thrown down and cast into the Tyne, by a mob of the town, at the revolution in 1688 x.

Passing from the Sand-Hill to Tyne-Bridge, on the left-hand, near the entrance to the bridge, stands the chapel of St. Thomas the Martyr.

It is, at present, unknown by whom, or at what time, this chapel was founded.

From the circumstance of its being dedicated to St. Thomas a Becket, Archbishop of Canterbury, it must be of a date posterior to 1171, the year in which that prelate was assassinated.

Mention of it occurs in the year 1248 y.

A. D. 1255, Robert Valesine gave an annual rent to the support of Tyne-Bridge, and to a chaplain to pray for the souls of his father, his late wife Emma, and his own soul, in this chapel of St. Thomas the Martyr z.

One Laurence was keeper of Tyne-Bridge and this chapel, A. D. 1269 a.

[Page 32]William of Stanhope occurs as guardian here, A. D. 1289 and 1297 b.

A rent of 12d. a year, payable from a house in Pilgrim-Street, to the keeper of the chapel and bridge of Tyne, is mentioned in a deed dated at Newcastle upon Tyne, on the Monday after the feast of St. Mark the Evangelist, A. D. 1311.—Also in another deed, concerning the same property, dated ibid. Feb. 1st, 1349 c.

In the year 1329, William Heron founded a chantry, dedicated to St. Ann, in this chapel, with an annual rent of six marks, arising from tenements in the Sand-Hill d.—There was also, in this chapel, a chantry dedicated to St. Mary, the founder of which is unknown. It was endowed with an annual revenue of five marks, out of five mes­suages in the Close and the Side, two streets of Newcastle e.

[Page 33]A. D. 1341, Nicholas de Stockton was master of this hospital f.

William Spynn occurs as keeper of Tyne-Bridge, and chaplain of this chapel, A. D. 1347, and 1352 g.

In the eschaets, A. D. 1370, several rents occur belonging to the reparation of the bridge and St. Thomas' Chapel in Newcastle upon Tyne h.

In Hilary-Term, A. D. 1408, before the King it was determined by the verdict of a jury, that three acres of land called Sandy-Ford-Flatt, with a windmill below Jesmond, near Newcastle upon Tyne, were not held of the King in capite, but of the keeper of the chapel of St. Thomas the Martyr on Tyne-Bridge i.

[Page 34]John Wernmouth occurs as master of this chapel, A. D. 1411 and 1413 k.

In the year 1426, there was a grant from the mayor and common­alty of Newcastle upon Tyne, to John Crofte, to be master of the chapel of St. Thomas the Martyr, and collector of the rents of Tyne-Bridge. He is mentioned, A. D. 1457, as having lost his eye-sight l.

Roger Thornton, by his will dated 1429, left six fothers of lead to the reparation of this chapel m.

A. D. 1445, upon an inquisition taken after the death of John Duke of Bedford, it was found that the tenement in Newcastle, in the street called the Close there, named the Earl's Inn of Northumberland, was held in burgage, and paid twenty shillings per annum to the warden of the free chapel of St. Thomas the Martyr, upon Tyne-Bridge n.

A. D. 1498, Thomas Scott was master of this chapel o.

It appeared, by an inquisition taken at Gateshead, October 6th, 1536, that Roger de Thorneton gave three acres of meadow, and three [Page 35] acres of land in Whickham to a chantry in the chapel of St. Thomas, on Tyne-Bridge, without licence of the Bishop of Durham p.

August 30th, 1538, John Brandlyng, clerk, was appointed master of this chapel—he occurs in the same office, A. D. 1541 q.

Cuthbert Ellison must have been appointed master of this chapel be­fore March 13th, 1556, when he appears to have been ordained sub­deacon, on the title of his chapel on Tyne-Bridge r.

This chapel was united to the hospital of St. Mary Magdalene, in the beginning of the reign of King James I.—and on the 12th of June, 1611, they were incorporated by a royal charter.—See the continuation of their common history, under "St. Mary Magdalen's Hospital."

From St. Thomas' Chapel we enter upon

TYNE-BRIDGE.

THE proofs that a Roman bridge s occupied either the same, or nearly the same site with the present bridge at Newcastle, appear [Page 36] stronger than those generally are which are brought in confirmation of truths of such remote antiquity.

Two eminent antiquaries t of this country, to one of whom we owe the greatest part of our intelligence concerning Roman Britain, were persuaded, from visible remains existing in their time, that there was a Roman road from Binchester, through Chester-in-the-Street, to the site of the present Newcastle upon Tyne.

An ancient Itinerary, discovered since they wrote, seems to confirm their account beyond the possibility of a doubt u.

[Page 37]The Emperor Aelius Hadrian, who connected the forts erected by Agricola, by raising the great vallum, that in this part of the island extended nearly from sea to sea, was probably the first that built a bridge at this place; from which circumstance, the station it led to from the Roman road was afterwards called "Pons Aelii," an appellation plainly derived, as were those of others of his publick works, from the name of his own family v.

Many Roman coins w were discovered in the ruins of the piers of [Page 38] this bridge, after the fall thereof, A. D. 1771, proving, it should seem, that some of the original Roman structure remained here, till every part of the ancient building was cleared away on the erection of the new bridge.

Bourne's reasoning x on the Bishop of Durham's charter to the bur­gesses of Gateshead, in the reign of Richard I. is founded on an error in translating the passage he selected from the original Latin:—The clause, which he has either found wrong or made so, ought to be ren­dered as follows: "Any burgess (i. e. of Gateshead) may give his wood to whom he pleases, provided they live on this side of the Tyne," that is, on the Durham side of that river.

[Page 39]In a charter of King Henry II. to the town of Newcastle, cited in one of King John, the existence of a bridge here, at that period, is implied in his exempting the burgesses from the duty of pontage for their own goods y.

In the year 1248, the greatest part of the town of Newcastle upon Tyne, together with the bridge there, was destroyed by fire z.

Bourne tells us, without subjoining on what authority, that after this event the town of Newcastle joined with the Bishop of Durham in erecting a bridge of stone a, and that the business was effected by a method common at that time, i. e. by sending indulgencies to all per­sons who would assist them, either with money or labour, to rebuild it. Here he first mentions that the Bishops of Durham were bound to repair a third part of Tyne-Bridge b.

A. D. 1251, Simon de Shotton, Robert de Seaton, and Henry Gategang, parson of Emildon, occur as benefactors to this bridge c.

A. D. 1255, during the mayoralty of Henry de Carliol, Robert Valesine gave an annual rent to the support of Tyne-Bridge d.

On the 14th of the kalends of October, 1256, Walter, Bishop of [Page 40] Durham, granted an indulgence e of twenty days, to any person that would contribute to the reparation of Tyne-Bridge f.

On the ides of September, 1257, Sewald, Archbishop of York, granted an indulgence of thirty days to come, to every person bestow­ing any thing towards the building and reparation of Tyne Bridge. About the same time Andrew, Bishop of Cathness in Scotland, gave liberty, by a grant, to collect alms throughout his whole diocese for the reparation of Tyne-Bridge.

The Bishop of Waterford, in Ireland, granted also to those that would assist in the reparation of Tyne Bridge, a promise of being prayed for in the cathedral church of the Holy Trinity, in Waterford, and the other churches of his diocese: as also an indulgence for ten days g. By this means considerable benefactions were procured h.

A. D. 1269, in the mayoralty of Nicholas Scot, an anonymous [Page 41] benefaction towards the reparation of Tyne-Bridge occurs, when one Laurence was keeper i.

On the 8th of the ides of September, 1277, Walter, Bishop of Ro­chester, granted an indulgence of twenty days, to any that would as­sist in the reparation of this bridge, either by contributing money or personal service k.

A. D. 1292, the following persons appear to have been benefactors to this bridge: Peter le Graper, Adam, son of Henry de Carliol, bur­gess of Newcastle; Nicholas, son of Adam de Carliol, burgess of New­castle; Henry Lewyn, Johannes Aurifaber, Robert de Valenceres, and Emma his wife, Henricus Gervasius, John de Burneton, John Brune, Johannes Page, Richard de Cromclif, and Roger Amyas l.

A. D. 1315, William de Salisbury occurs as a benefactor m.

A. D. 1323, Ralph Brydock, of Gateside, occurs as another bene­factor n.

In the year 1339, part of Tyne-Bridge was carried away by a sudden inundation o.

A. D. 1342, Tyne-Bridge is mentioned as being in a ruinous and falling condition, and not having its rents duly paid: it was agreed upon, and ordered on this occasion, that the master thereof, assisted by some of the magistrates of Newcastle, should call in and levy the arrears to be applied to the repairing thereof p.

[Page 42]November 18th, 1362, farther mention occurs of many defects in Tyne-Bridge, towards the reparation of which, as well as of the for­tifications of the town, there was an order to take tolls of goods coming into Newcastle for ten years following q.

A. D. 1370, it appeared, upon an inquisition, that Tyne-Bridge was in so ruinous a condition, as to require more than a thousand pounds to repair it.—There was found, at the same time, a revenue of ten marks belonging to it; with one of the like value to St. Thomas' Chapel r.

In the year 1394, a licence was granted to John Cochet, to alien to the mayor, bailiffs, and commonalty of Newcastle upon Tyne, and their successors, two parts of five messuages for the reparation of Tyne-Bridge: this year, also, there was a grant of customs for a certain number of years for the like purpose s.

January 28th, 1416, Thomas Langley, Bishop of Durham, recovered from the mayor and burgesses of Newcastle upon Tyne, the third part of this bridge, adjoining to Gateshead, in the county of Durham, together with a tower which that body had lately caused to be erected thereupon t.

[Page 43]In the year 1429, a recluse appears to have lived in a hermitage upon Tyne-Bridge, and was appointed by Roger Thornton, in his will u, one of the thirty priests he had ordered to sing for his soul, with a bequest of six marks, annually. This year, also, the above [Page 44] Roger Thornton left an hundred marks to the reparation of this bridge v.

In an ordinary, granted A. D. 1477, to the fullers and dyers of Newcastle, half of a fine of twenty shillings, imposed as the penalty for taking a Scotsman to apprentice, or for employing one of that na­tion, is ordered to be paid towards the support of Tyne-Bridge w.

Thomas Ruthal, who was appointed Bishop of Durham, A. D. 1509, and held that see fourteen years, repaired a third part of Tyne-Bridge x.

A. D. 1517, a grant was made in fee, by the mayor and commu­nity of Newcastle upon Tyne, to Edward Surtis, bowyer, of a tene­ment in the street there called the Side, under the yearly rent of six­teen shillings for the use of Tyne-Bridge y.

Thomas Wolsey, who was made Bishop of Durham, A. D. 1523, and held that see till 1530, repaired the third part of this bridge z.

A receipt occurs of the date of 1527, given by the mayor and sheriff of Newcastle upon Tyne, to Leonard Musgrave, Esq. collector of the customs of that town, for an annuity of 20l. granted to them by the King, towards the support of their walls and bridge a.

[Page 45]Cuthbert Tunstal, who was translated to the see of Durham, A. D. 1530, and deprived thereof in 1559, repaired, at two separate times, with stone and wood work, the third part of Tyne-Bridge b.

About the year 1559, the very marvellous event related by Bourne, and others, concerning Mr. Anderson's ring, dropped by accident over this bridge, as he was fingering it, is supposed to have happened. The part of the story, which some have ventured to doubt the truth of, is, that this identical ring was brought back again, after some time, in a fish bought in Newcastle market, by a servant of the above merchant, and most unexpectedly restored to its owner c.

[Page 46]A. D. 1579, an ordinary granted to the company of slaters and bricklayers, directs, that half of the penalty of ten shillings, for any brother's invading the province of the wallers in working with black mortar, or clay; as also, half of all the other fines of the company shall go to the maintenance of the great bridge of Newcastle d.

February 12th, 1582, a decree was made in the Exchequer, that the Bishop of Durham, for the time being, and not the inhabitants of the county of Durham at large, should repair the third part of this bridge e.

In a deed, preserved in the archives of Newcastle upon Tyne, dated November 20th, 1616, a tenement here is mentioned, "as knowne by the name of the Ladies Chapell." This i [...] plainly a corruption of "our Lady's Chapel." and evinces, that there was a chapel on Tyne-Bridge in the Popish times, dedicated to the Virgin Mary f.

[Page 47]In the common-council books, Dec. 23d, 1646, and July 5th, 1647, mention occurs of the reparation of Tyne-Bridge.

It appears, ibid. March 28th, 1649, that the late King, i. e. Charles the First, had allowed a portion of trees out of Chopwell Woods, in the vicinity of Newcastle, for the reparation of Tyne-Bridge g.

By authority of the ordinance for abolishing episcopacy, two dif­ferent sales, one in the year 1647, and the other in 1651, were made of the late Bishop of Durham's property on this bridge h.

[Page 48]A. D. 1651, a statue of King James I. with the arms of the late King Charles, having been taken down from the Magazine-Gate on this bridge, by an order of the Parliament, the common-council of Newcastle directed, that the arms of the common-wealth should be put up in their stead i.

Soon after the restoration of King Charles II. the arms of the common-wealth before-mentioned were taken down from the said gate, and their place supplied by the royal arms, and a statue of the late restored King, in a Roman habit, with this motto: "Adventus Regis solamen gregis," i. e. the coming of the King is the comfort of the people.

There were the visible remains of a portcullis above this gateway, in Bourne's time: on the north side, an inscription, marking it to have been repaired, A. D. 1713, "Henry Reay, Esq. mayor; Joseph

[Page]
To the Right Worshipful John Erasmus Blackett Esq. Mayor of Newcastle upon Tyne▪ This VIEW of the RUINS of the BRIDGE of that TOWN, as they appeared after the Fall thereof in November 1771. [...] respectfully [...] by his oblig [...] [...] faithful humble Servant [...]

[Page 49] Green, Esq. sheriff." This gate was taken down in 1770, and the statue removed, as before-mentioned, to the front of the Exchange, on the Sand-Hill.

In the month of July, 1770, the Bishop of Durham repaired, with stone work, that part of Tyne-Bridge where there had anciently been a draw-bridge k.

On the Saturday night preceding the 17th of November, 1771, a great land stood, occasioned by the fall of heavy rains in the west, happened in the river Tyne, causing it to overflow its banks, and every where marking its progress with the most dreadful devastation. At Newcastle upon Tyne, the water began to rise about eleven o'clock at night, and continued increasing in height till seven the next morn­ing: about three o'clock, the arches of this bridge were filled up, and between three and four, two of them on the south side were driven down, as was the north arch, adjoining to the toll shop, about five o'clock, burying the houses erected thereon, together with several of their inhabitants, in the ruins l.

[Page 50]January 20th, 1772, the common-council of Newcastle ordered a petition to be presented to the House of Commons, for leave to bring in a bill for building a temporary bridge, and also a bridge of stone over the river Tyne, as also for monies to be granted them to defray the expences necessary for such a work m. A second petition, from the same body, and on the same subject, occurs February 25th, 1772 n.

February 26th, 1772, a petition of the Right Rev. John, Lord Bishop of Durham, was presented to the House of Commons and read, praying that leave might be given to bring in a bill, to raise out of, or charge upon, the said see, such sum of money as was necessary to repair his part of Tyne-Bridge, which was referred to the consideration of a committee o.

[Page 51]An agreement having been entered into by the bridge committee at Newcastle, with Mr. Stephenson, carpenter, to finish a temporary bridge in four months, to be reckoned from June 18th, 1772 p, under a large penalty. On the 17th of July following they began to drive the piles, and the bridge was opened on the 27th day of October in that year.

April 1st, 1774, the above bridge committee advertised for masons to undertake the rebuilding of such part of a new intended stone bridge over the river Tyne, as belonged to the town of Newcastle, having previously provided a great quantity of large blocks of stone for that purpose, which were at that time lying upon Felling and Elswick-Quays q.

[Page 52]July 8th, 1776, a medal was deposited in the first new pier, and the boundary of that part of Tyne-Bridge, that belongs to the corpo­ration of Newcastle upon Tyne, southward, by the mayor and sheriff of that town: over the device, which exhibited the Newcastle Ex­change, with the Genius of Commerce sitting by it, supporting the arms of the corporation, and presenting a purse to a figure in the robes of magistracy, directing his attention to a prospect of some rising piers of a bridge, with shipping and lighters on the river, is the following motto: "Quod felix faustumque sit;" and on the reverse, this inscrip­tion: "This stone, being the boundary of the corporation of New­castle, southward, was laid Anno Domini, 1776, in the mayoralty of Charles Atkinson, Esq. William Cramlington, Esq. sheriff."

This medal was of copper, about four inches diameter, and being inclosed in a thick glass-case, was placed in the south-east corner of the above pier r.

March 22d, 1779, there was an order of common-council for a thousand pounds to be expended in purchasing the property that was on the west side of the north avenue to Tyne-Bridge, on condition that the Act of Parliament, for which that body were then petitioning, could be obtained s.

A. D. 1779, an Act passed for enlarging the former Act of the 12th of George the Third, for building a temporary bridge over the river [Page 53] Tyne, between the town of Newcastle and Gateshead, for completing the new stone bridge there, and for making the avenue to, and the passage over it, more commodious.—This Act was to be continued for the term of three years, and no longer. No houses, except toll shops, were to be erected on the new bridge, and the tolls were to be raised upon it for twelve years, from June 24th, 1779 t.

THE CLOSE.

FROM Tyne-Bridge we enter the street called the Close u, in which the chief merchants of the town had anciently their habitations, and which, probably, had its name from its closeness, or narrowness. [Page 54] The house of the Earls of Northumberland stood on the side of this street, next to the river, bounded, on the east, by Bower-Chare, be­twixt Tyne-Bridge and Javil-Groop.—April 10th, 1482, Henry, Earl of Northumberland, demised it to his servant George Bird, by the name of the Earl's Inn, under an annual rent of 13s. 4d. Bourne tells us, that it stood on the site of a house, having, in his time, "a great gate at its entrance, with a large round ball of stone v, and that in the lower part of the building, towards the water, were very manifest tokens of its antiquity w."

[Page 55]A little to the west of the Earl's Inn, is an opening towards the river, called the Javel-Groop x: Groope, or Grype, signifies a ditch, and Javel is said to be a corruption of gaol. The castle of Newcastle was long the common prison of the county of Northumberland, and here, it is probable, has been anciently the communication between the ditch, or foss, of the castle and the river Tyne.

On the right hand, after we have entered the Close y from Tyne-Bridge, is a flight of stairs, conducting to the castle by the southern postern z. And farther along, on the same side, is another flight of stone steps, opposite to Javel-Group, called Long-Stairs a.

Beyond these, to the west, on the same side, and nearly opposite the mansion-house, is a third flight of stairs, called the Tuthill-Stairs b, communicating with the foot of West-Gate. There is an anabaptist meeting-house, with a well for the immersion of adults in the Tuthill-Stairs. [Page 56] There is said to be another meeting of this sect held at a pri­vate house in the town.

The present mansion-house of the mayors of Newcastle c, in the Close, was begun to be built A. D. 1691, and cost the corporation, in building, 6,000l. besides the furniture d.

The judges of assize, with their chief officers and servants, are usu­ally entertained here, during the assize weeke. The mayor gives entertainments in it to very large companies of the gentlemen of New­castle and its vicinity, and it is furnished, for that purpose, with a valuable and elegant service of platef. The fire arms, belonging to the corporation, are the furniture of the spacious saloong.

[Page 57]In the Close, says Bourne, were many houses that paid an annual rent to the master and brethren of St. Mary's Hospitalh.

"This street," he adds, "is commemorated in many ancient writings for a mill, which, in ancient times, was wont to stand upon the Hoga i, [Page 58] i. e. the Bank without the Close-Gate.—In a grant from the master and brethren of St. Mary's, in West-Gate, it is permitted to the par­ties concerned, that they have "quandam placeam terrae in vico qui vocatur le Closs sicut se extendit in longitudine de Hoga ubi antiquum molendinum solebat stare usque ad aquam Tinae et quantum de Tina acquirere poterit."

WEST-GATE k.

THIS street has plainly had its name from its western situation. Near the foot of it stood the house of the Friarsl of the Sac m, or of the penance of Jesus Christ. They occur, as being settled here, A. D. 1268 and 1272 n.

[Page 59]Their house here was near the White-Friar-Tower o.

January 8th, 1299, on King Edward the First's arrival at Newcastle, the Friars of the Sac, of that town, received (in common with the other orders of religious there) 2s. for their pittance of two days, by the hands of brother Walter de Carleton p.

A. D. 1307, this Walter de Carleton occurs as the only surviving brother in their house, which the King, by letters patent, dated May 26th that year, granted to the order of Carmelites, of the same town, upon condition that they should support the above brother, in a way becom­ing his rank, during the remainder of his life. The residence of the Carmelites, before this time, was upon the Wall-Knoll, from whence their being greatly straitened for want of room caused their removal, having just before lost part of their land by the building of the town-wall q.

HOUSE OF CARMELITES, OR WHITE-FRIARS r.

THE first residence of this order of mendicants at Newcastle was on the Wall-Knoll, as before related, which, by licence of King Henry III. they acquired to themselves and successors in fee of John de Byker s.

On the 8th of January, 1299, the White-Friars of Newcastle re­ceived 16s. 8d. for their pittance of two days, by the hands of brother Roger de Felton, on the King's arrival at Newcastle. They appear to have received, by the hands of the same person, 9s. for their pittance of one day, on the King's passing through that town in the beginning of the preceding December t.

King Edward the First, by a charter dated May 26th, 1307, granted [Page 61] to the White-Friars of Newcastle, straitened at that time in their house on the Wall-Knoll, by the incroachment of the town-wall upon part of their site, this place of the Friars of the penance of Jesus Christ, on the condition before-mentioned, of their granting to Walter de Carle­ton, the then only surviving brother of that order, a decent subsistence for his life u.

August 1st, 1322, the brethren of this house received 8s. for their pittance of one day, and on the 14th of September following, on the King's arrival at Newcastle, 8s. for the same, by the hands of the King's almoner v.

[Page 62]November 20th, 1337, King Edward the Third granted a licence of mortmain, to enable Ada Page, of Newcastle upon Tyne, to assign to the prior and brethren of this house, a garden, with its appurte­nances, that lay contiguous to their house, in order to enlarge it w.

Doctor Nicholas Durham, the famous opponent of Wickliff, appears to have flourished in this convent, about the year 1360 x.

February 24th, 1361, King Edward the Third granted a licence of mortmain to the Carmelites of this convent, to enable them to make a grant of the place of their former residence on the Wall-Knoll to William de Acton, for the purpose of founding thereupon the hospital of the Holy Trinity y.

A. D. 1424, a suit occurs between William Glynn, vicar of New­castle upon Tyne, and William Boston, prior of this house, concerning the offering of wax-candles on Candlemas-Day z.

A. D. 1450, Edward Dynley, born of a good family in Newcastle upon Tyne, and a learned writer of this order, flourished in this house a.

[Page 63]Brother Robert Benton, of this convent, was ordained priest, March 23d, 1497 b.

January 10th, 1539, Gerald Spor, prior, with seven brethren and two novices, surrendered this house c, after it had been valued [Page 64] by Nicholas Harpsfield, at nine pounds eleven shillings and four-pence d.

[Page 65]The church of this convent was dedicated to St. Mary, who, as Speed informs us, was the patroness of above thirty houses of this order in England e. In the year 1546, a grant of this house was made to Sir Richard Gresham and Richard Billingford f.

The convent of White Friars is marked in Speed's Plan of New­castle, dated 1610.—January 27th, 1647, this Friary occurs as being the property of Dr. Jennison, vicar of Newcastle, who claimed a pound of pepper on account thereof annually, on Christmas-day, from the cor­poration of Newcastle upon Tyne g.

The ground where this convent stood was purchased by Dr. Adam Askew, who in 1740 built a handsome house upon it, in the kitchen [Page 66] of which some vestiges of the windows, &c. of the Priory still re­main h.

WEST-GATE.

Bolbeck-Hall i, which, after the founder of it was, in 1398, created an Earl, took the name of Westmoreland-Place, from the title of his Earl­dom, stood in this street, where, opposite nearly to Pudding-Chare, part of it still remains. From a survey of the possessions of Charles, Earl of Westmoreland, made June 10th, 1569 k, it appears that James Bertram

[Page]
To the Reverend HUGH MOISES, A. M. Morning Lecturer of the CHURCH of ALL SAINTS. Master of A MARY'S HOSPITAL and of the ROYAL G [...]AMMAR SCHOOL [...] Newcastle upon Tyne [...]as VIEW of part of the Ancient Church of that Hospital [...] a GRAMMAR SCHOOL. his at [...] [...]pence, to most respectfully [...] and most [...] faithful humble servant John Brant

[Page 67] held this tenement in free soccage of the Earl of Westmoreland, at the yearly rent of 6s. 8d.

It was afterwards in the tenure of Robert Bertram l.

A little higher up, but on the same side of the street, stands the hos­pital of St. Mary the Virgin.

ST. MARY'S HOSPITAL.

THIS house, anciently consisting of an hospital and chapel, was founded in the reign of Henry the Second, by one Aselack of Killing­howe m, who not only raised the fabric, but gave the ground also upon which it was erected, and placed therein two friars regular, and [Page 68] a chaplain, to serve God and the poor; farther intending it to be a place of entertainment for the indigent clergy and such pilgrims as were passing this way n.

Hugh Pudsey, made Bishop of Durham, A. D. 1154, and who died in the year 1192, granted a charter of episcopal confirmation to this hospital o.

King Henry the Second appears to have granted the first charter of royal confirmation to this house p. He is said also to have made it in [Page 69] some way or other dependant upon the Nunnery of St. Bartholo­mew in the same town q.

Another charter of royal confirmation was granted to this hospital by King Richard I r.

Robert de Heddon, clerk, with the consent and confirmation of his lord, Walter de Bolbeck s, gave a yearly sum to the support of this hospital, probably on its first foundation, and on condition that the fraternity should pray for the soul of his said lord, and for his own and those of his ancestors t.

About the year 1251, Adam de Neusum, for the sake of his own soul, that of Eve his wife, and those of his ancestors and heirs, granted to the fraternity of this hospital, in free, pure, and perpetual alms, all [Page 70] the land they held in the village of Newsham, remitting to them an annual rent of thirteen pence for the same u.

Henry the Third appears to have granted a charter for liberties to this house in the year 1253 v.

About the year 1257, Julian, daughter of Agnes Blanch, made some charitable donation to this hospital, that the fraternity might pray for her soul, and for the souls of her ancestors, and upon condition that she should be supplied with a lodging there whenever she visited New­castle upon Tyne w.

Martin Coyman gave a messuage to this place, A. D. 1259 x.

One Simon was master of this house, A. D. 1264, as was John Norrys in 1267 y.

Roger de Quintingham occurs as a benefactor to this house in the year 1269 z.

[Page 71]About the year 1269, Gerard, preacher or master of this hospital, with the brethren, demised to Robert, chaplain of Bingefeldthune and his assigns, at the annual rent of twelve pence, two acres of land and a toft, which had been given them by Godfrey, Lord of Bingefeld, in free, pure, and perpetual alms, for the sake of his own soul and the souls of his ancestors a.

About the same time the said Gerard and his brethren granted to Udard, son of Richard of Pilgrim-street, the land that had been given them in pure and perpetual alms by John Skinner, to hold of the said hospital at an annual rent of five shillings b.

A. D. 1290, the brethren of this hospital, on their petition to the king in parliament, setting forth, that the new town-wall of Newcastle had been built through the middle of their court-yard, leaving the greater part of their edifices on the outside thereof, obtained a patent for making a postern-gate of communication through the said wall c.

Nicholas Essot occurs as a benefactor to this house, A. D. 1292 d.

A. D. 1296, letters of protection were granted to the master of this hospital. The king granted these protections to religious houses, for their persons, servants, lands, rents, possessions, goods and chattels e.

May 5th, 1304, King Edward I. granted a licence of mortmain to [Page 72] enable John de Insula (Lisle) to devise to the master and brethren of this hospital a messuage, four shops, and a rent of 16 shillings, in the town of Newcastle upon Tyne, as also a messuage, with its appur­tenances, in the said town, which Dionisia, relict of Laurence Swayn, held of the said John as her dower, and which had reverted to him at her death f.

Robert Tunnikysiman, and Matilda his wife, occur as benefactors to this house, A. D. 1305 g.

A. D. 1317, William Herringe occurs as a benefactor to this hospital h.

It appears from an original record still preserved among the writings of this house, but without a date, that Geofry, son of Gerard of Whickham, and grandfather of Robert of Whickham, had given to this hospital, in pure and perpetual alms, a pound of pepper and a pound of cinnamon, payable out of his lands at Whickham, on St. Cuthbert's day, in September, in every year: and that the above Ro­bert confirmed this donation, and charged it upon a capital messuage in that village for ever i.

King Edward the Third, for the relief of St. Mary's Hospital, the possessions of which had been destroyed by various inroads of the Scots, granted a licence, dated at Newcastle upon Tyne, August 2d, 1334, to the fraternity of that house, to acquire lands, tenements, and [Page 73] rents to the yearly value of an hundred shillings, notwithstanding the statute of mortmain k.

Richard de Bury, Bishop of Durham, by a charter of inspeximus, dated at Gateshead, January 8th, 1335, confirmed the former charter of Hugh Pudsey, his predecessor in that see, for the confirmation of lands, rents, rights, privileges, &c. belonging to this hospital l.

A. D. 1343, Joan, widow of Nicholas de Ellirker, of Newcastle upon Tyne, remitted to the fraternity of this house, all her right in the lands and tenements, which reverted to her as her dower, after the death of her said husband, and which they held at that time by his gift m.

A full guild of the town of Newcastle upon Tyne was held at the hospital of St. Mary, in West-Gate, on the Friday before Valentine Day, 1343, when several articles were agreed upon for the better go­vernment of the town, which were sealed under the common-seal of the corporation of that place, and afterwards received the royal con­firmation n.

A. D. 1347, Gilbert Palmer granted to the master and brethren of [Page 74] this hospital, a messuage and ten acres of land, in the town and territory of Newbigging on the Mooro.

King Edward III. by a charter of inspeximus, dated at Westmin­ster, April 12th, 1351, confirmed to this hospital a charter granted to them by King Henry the Second: The fraternity are here styled "the prior and brethren p."

Robert de Morton, canon of the church of the Blessed Mary, in West-Gate, Newcastle upon Tyne, of the order of St. Austin, having been elected prior of that church, by an authority which Thomas Hatfield, then Bishop of Durham, did not admit of: the above Ro­bert, on the death of Friar William de Norton, was created by the said Bishop, on his own authority, and confirmed in that office, Au­gust 13th, 1369 q.

[Page 75]King Edward III. having granted a licence to one Allan Pulthore, of Newcastle upon Tyne, to assign a rent of one hundred shillings out of three messuages in that town (held of the crown in burgage, by a service of 6d. per annum), to a chaplain, to perform daily service in a chantry, in All Saints Church in that town, for the souls of all the faithful, and which the said Allan having neglected to perform, the King, by letters patent, had made a similar grant to John, the son and heir of the said Allan. This John, by virtue of the royal licence, had assigned the said rents to this fraternity, for the above purpose; and they had been seized of them, till on the tenements becoming empty, they could no longer be raised out of them.

Upon which the said John, unwilling that the chantry should go down, had assigned the three messuages themselves, instead of the rents, to this fraternity, to be by them maintained and repaired; but being in possession, without the royal licence, the King, in consideration of a fine of ten pounds, to be paid him by William de Norton, master, and the brethren of this house, had granted them a licence of mortmain, and confirmed to the said house the gift of the messuages, in lieu of the rents, for the purposes before related, November 4th, 1378 r.

A. D. 1401, Brother William de Burnham, prior and master of the hospital of St. Mary, in West-Gate, granted a messuage, and three shops, before the great gate of the castle of Newcastle, to John White, draper and burgess of that town, at the annual rent of thirty-seven shillings s.

Upon the death of William de Burnham, which happened August 9th, 1412, William Karlell, and Robert Lekynfeld, the then only surviving regular brethren of this hospital (called, at this time, "The [Page 76] Hospital of the Blessed Virgin, and St. John the Evangelist"), trans­ferred their right to elect a new master, to Thomas Langley, then Bishop of Durham, October 26th, 1412 t.—October 1st, 1413, the Bishop collated the above-named William Karlell u, who resigned, Fe­bruary 20th, 1416 v.

February 2d, 1416, the said Bishop of Durham issued a citation, to warn the master of his intention to visit this house: issuing also, at the same time, a commission for the safe keeping of the goods of the hospital w.

October 28th, 1417, Thomas Langley, Bishop of Durham, collated John Fitzhenry, canon of the priory of Newbrugh, in the diocese of York, to succeed the above William Karlell in the mastership of this hospital x.

January 5th, 1428, the Bishop of Durham issued a sentence of ex­communication against every person stealing the goods of this hos­pital y.

A bequest of two fothers of lead, to the reparation of this hospital, occurs in the will of the elder Roger Thornton, dated A. D. 1429 z.

[Page 77]An account of the wardrobe, &c. of this hospital, of the date of 1444, has been transmitted a.

John Bird, LL. B. was master of this hospital, A. D. 1501 b.

In the ordinary of the drapers company, in Newcastle upon Tyne, dated June 1st, 1512, mention occurs, that the election of the mayor and officers of the town had been, by the ancient usage of that place, held in this hospital c.

November 29th, 1528, Roland Swinburn, A. M. was inducted to the mastership of this hospital, to which he had been presented by Ed­ward Swinburn, mayor, and the community of Newcastle upon Tyne, the true patrons thereof.—Swinburn resigned this mastership, August 29th, 1531, having exchanged with Robert Davell, for a prebend in Norton Church, to which he was collated on the day following d.

The presentation of Robert Davell, clerk, by Gilbert Myddleton, [Page 78] Esq. mayor, the sheriff, aldermen, and community of Newcastle upon Tyne, is dated August 29th, 1531 e.

The famous Leland seems to have been recommended to this Doctor Davell, and to have been indebted to him for his information in several particulars, when he visited this town in his tour through England, for the purpose of collecting antiquarian knowledge f.

Davell was also archdeacon of Northumberland g.

January 26th, 1532, there was an exemplification of a record of the common pleas, whereby the presentation of the hospital of the Blessed Virgin Mary, called West-Spittle, was adjudged to pertain to the town of Newcastle upon Tyne, and not to the King h.

This hospital had revenues, A. D. 1535, that were valued at 26l. 13s. 4d. i.

[Page 79]It came to the crown by the statute of the 31st of Henry VIII. A. D. 1540, for the dissolution of abbies, priories, colleges and hos­pitals: but it never appears to have come in charge before the auditors of the county of Northumberland, nor to have paid rent to the King's receiver there.

The house, with the rents thereof, were still enjoyed, and the com­munity of Newcastle presented a master to the Bishop of Durham, as though the foundation had not been dissolved, or reverted to the crown.

By a rental of this hospital, dated 1547, it appears to have had property in West-Gate, Denton-Chare, Pudding-Chare, Meal-Market, Flesh-Market, Big-Market, Middle-Street, without New-Gate, in St. Nicholas' Church-Yard, before the Castle-Gate, in the Side, in the Sand-Hill and Close, in Pilgrim-Street, in Manor-Chare, Pandon and All-Saints-Street, White-Cross, rents of gardens without the Close-Gate and in the Forth, all in, or contiguous to, Newcastle; also at Jesmouth, Whickham, Whittonstale, Fenham, Newsham, Bolam, Old Heaton, Wossington, Mearsfen, Horton and Stewkley, Newbiggen on the Moor, Byngfield, Stamfordham and Hewght, Little Babington, and in Riddesdale k.

[Page 80]A. D. 1551, a grant is said to have been made to the Duke of Northumberland of this tenement, called therein the West-Spittle l, and included as parcel of the monastery of Tinmouth m.

April 25th, 1558, John Raymes, A. M. was instituted to the ma­stership of this hospital, vacant by the death of Doctor Davell. He had been presented by John Swinburn, of Chopwell, Esq. and John Swynborn of Wylom, Gent. patrons for that turn, by an advowson from the mayor, sheriff, aldermen and community of Newcastle upon Tyne n.

October 9th, 1579, Anthony Garforthe, clerk, was instituted to the mastership of this hospital, on the deprivation of Raymes, for contu­macy (May 29th preceding), and on the presentation of Ralph Law­son, of Brough, in Yorkshire, Esq. and William Selbie, merchant and alderman of Newcastle, for that turn, by an advowson from Richard Hod [...]hon, mayor, and the burgesses of Newcastle upon Tyne o.

[Page 81]June 30th, 1580, Henry Dethicke, LL. B. was instituted to the mastership of this house on the death of Garforthe, and on the pre­sentation of the mayor and burgesses of Newcastle.—He was official of the dean of York, under Dr. M. Hutton p.

This hospital is said to have been granted, in fee simple, by Queen Elizabeth, under the great seal, to be held in soccage q.

Ralph Pattenson, A. M. succeeded Dethicke on his resignation of [Page 82] the mastership of this hospital, to which he was presented by the mayor and burgesses of Newcastle upon Tyne, May 9th, 1583 r.

Henry Ewbanke, A. M. was instituted to the mastership of this hospital, March 15th, 1585, on the presentation of the mayor and burgesses aforesaid, upon the resignation of Pattenson s.

May 27th, 1611, King James I. granted a new charter to this hos­pital; the preamble whereof sets forth, that John Raymes, a former master of this house, had, in the rebellion in the north, been com­mitted to Durham gaol, when the original charters, grants, and letters patent, concerning the foundation of this place, had been lost; as also, that attempts had been made by some persons to appropriate the pos­sessions [Page 83] of the hospital to their own use: whereupon it is to be founded anew, and decreed to consist of a master, who should, at least, be a master of arts, and of six unmarried poor old men, constituting toge­ther a body politick in law, having a common seal t, with power to sue and be sued, to let leases, &c. the mayor and burgesses of Newcastle to be the patrons. The King granted the house of the hospital at the same time, with all its possessions, under an annual rent of thirteen shillings and four-pence u.

Robert Fowberry, A. M. probably succeeded to the mastership of this hospital, on the resignation of Ewbank v, October 18th, 1615. He occurs as master, granting a lease w, January 26th, 1618. He was master, also, of the royal grammar school, which, a little before this time, had been removed to part of the church of this house.

Edward Wigham, A. M. was instituted to the mastership of this hospital, August 30th, 1623, on the presentation of the King, to whom, through lapse of time, that right had reverted for this turn x.

A question having arisen, upon some expressions in the new charter of this hospital, whether the master's office was presentative or dona­tive, it was answered by Hen. Yelverton, July 19th, 1623, in the subsequent words: "If this church, or place, was anciently presenta­tive, the King's new grant doth not, nor can, make it donative, espe­cially [Page 84] as the grant is made, for the patrons are to enjoy it as formerly they did, or ought to enjoy it; and if the patrons should attempt to make it donative, the bishop of the diocese, after six months passed without presentation, may collate by lapse, for a church once present­ative cannot, without act of parliament, or after dissolution thereof, become donative y."

March 11th, 1629, Francis Gray, A. M. was appointed master of this hospital, on the death of Wigham.—He was also master of the grammar school z.

Nicholas Hall, B. D. of Ellemar-Hall, in the county of Durham, was master of this hospital, A. D. 1649, and occurs as such, in a lease, dated Feb. 22d, 1657 a.

John Bewick, A. M. was master here, June 7th, 1669 b.

Richard Garthwaite, A. M. occurs as master of this hospital, A. D. 1671 c.

John Cotterell, A. M. appears to have been master here, A. D. 1690 d.

Thomas Rud, A. M. occurs as master of this house, A. D. 1699 e.

James Jurin, A. M. appears to have been master in the year 1710 f.

Robert Thomlinson, D. D. was appointed master of this hospital, A. D. 1715 g.

About the year 1738, upon a question, whether the mayor and bur­gesses, who, as visitors, had made an order that no leases should be [Page 85] let, without their consent, and had ordered a schedule of all the papers, leases, &c. to be delivered to them, had a right to do so—Dud. Ry­der gave the following opinion: "That the master and brethren may make leases for three lives, reserving the ancient rent, and take fines on granting such leases, the power by charter of granting leases reserv­ing the last rent doth not abridge the power they have as a corporation. The master and brethren are not bound to obey the order of the mayor and burgesses, not to grant leases without their consent, but as the mayor and burgesses are visitors, the hospital ought to return such schedule as ordered. And the mayor and burgesses have a right to re­gulate the distribution of the profits of the estate, and to increase the maintenance and payment of the brethren, so far as is reasonable, though different from the proportions usually observed h."

Richard Dawes was appointed master of this hospital, October 9th, 1738.—He occurs, as such, in a lease, dated February 13th, 1748 i.

Henry Featherstonehalgh, B. D. occurs, as master of this hospital, in a lease, dated in November 1749 k.

Hugh Moises, A. M. was appointed master of this hospital, at a common-council, held June 14th, 1779, on a vacancy by the death of Featherstonehalgh l.

ROYAL GRAMMAR SCHOOL m IN ST. MARY'S HOSPITAL.

IT was not till the beginning of the sixteenth century, that a custom of long continuance began to grow into difuse, that of educat­ing [Page 86] our youth in monasteries n. Twenty new grammar schools, a num­ber greater than had been established for three hundred years before, were founded and endowed between that period and the reformation.

Among these novel institutions occurs the present grammar school of Newcastle upon Tyne, which, owing its origin to the ancient muni­ficence of a magistrate, stands indebted for its growth and continuance to the patronage of the community of that town.

Thomas Horsley, alderman, and who was mayor of Newcastle in the years 1525, and 1533, devised all his lands in that place, after his death and that of his wife, for the endowment of a grammar school, which was to be free for any within or without that town: in aug­mentation of which endowment, the corporate body of that place set­tled a stipend of four marks, to be paid annually out of their chamber, for ever o.

[Page 87]This school was at first in St. Nicholas' church-yard, in a build­ing on the north-east side of the church p. When it afterwards became a royal foundation, and was incorporated by a clause in the [Page 88] charter of Queen Elizabeth, granted to that town in the forty-se­cond year of her reign, it was removed to the Hospital of St. Mary in West-Gate q.

The clause in the above-mentioned charter r sets forth that the Queen's motive for the new institution was her regard for the instruc­tion of youth from their tender years in the rudiments of the true Christian religion, and in learning and good manners. She enacts that her foundation be styled the Free Grammar School of Queen Elizabeth; the master and scholars whereof are to be a body corporate in law, with perpetual succession, to have a common seal—a legal ca­pacity of purchasing and holding lands, &c. to themselves, and suc­cessors, [Page 89] in fee simple, or for term of years, provided they exceed not the annual value of forty pounds, are not held of the crown in chief, or by military service, notwithstanding the act of mortmain. The governing part of the corporation of Newcastle, of whom the mayor and six aldermen to be seven, are appointed the patrons of this school, with the power of electing a master and usher thereof, whose offices are held under their pleasure, and are to be filled up by them on every re­moval or vacancy by death.

[Page 90]Robert Fowberry, A. M. a person eminent for his industry and learning, was invited hither from Hull in Yorkshire, to be the first master of this school s.

Edward Wigham, A. M. occurs as master, A. D. 1623 t.

Francis Grey, A. M. succeeded on the death of Wigham u, in 1629 v.

Amor Oxley was master about 1637.—Edward Lumsden, his under usher, with a salary of 20l. per annum w.

[Page 91]May 30th, 1645, Amor Oxley being a loyalist was displaced from the mastership of this school by an order of the lords and commons.

Nicholas Augar succeeded on the removal of Oxley, with a salary of 40l. per annum, and other perquisites. Matthew Gouch, a graduate of Cambridge, was his usher x.

A. D. 1646, Daniel Gibson occurs as usher of this school.

February 27th, 1647, Nicholas Augar resigned on account of his ill state of health y.

August 29th, 1648, George Ritschel was appointed master—the year following ten pounds additional salary were granted him for his in­dustry and careful discharge of his duty z. He removed to the vicarage of Hexham a.

[Page 92]April 27th, 1662, Amor Oxley was appointed a second time master of this school, with a salary of an hundred pounds per annum, with [Page 93] perquisites; when William Sanson occurs as usher, and Allan Gilpon as under-usher: the former with a salary of 40l. the latter with one of 30l. per annum b.

About Christmas, 1669, Richard Garthwaite, A. M. was appointed master of this school, with a salary of 50l. with other fees.

March 24th, 1674, Robert Grey occurs as usher, and Ralph Wilson as under-usher; the former with a stipend of 30l. the latter with one [Page 94] of 26l. 13s. 4d. afterwards, March 30th, 1682, raised to 31l. 13s. 4d. a year c.

Richard Garthwaite published a censure upon Lilly's Grammar, in duodecimo, London, 1684. He was removed from his office here d, A. D. 1690.

December 7th, 1677, Richard Gower, A. M. was appointed usher, on the death of Grey, and in 1682 his salary was raised to 35l. a year e.

June 11th, 1683, Ralph Gower occurs as under-usher.

July 11th, 1683, John Metcalfe was appointed usher, in the room of Richard Gower f.

Dec. 17th, 1690, John Cotteral, A. M. was appointed master g.

[Page 95]Thomas Rudd, A. M. occurs as master here, 1699 h.

January 23d, 1710, James Jurin, M. A. was appointed master of this school. He resigned this office, A. D. 1715, and afterwards be­came M. D. and F. R. S. fellow of Trinity College, Cambridge, and president of the College of Physicians.—In November, 1721, he was elected secretary to the Royal Society, on the resignation of Dr. Halley. In April, 1725, he was elected, with Dr. Oldfield, physician to the new hospital in Southwark, founded by Guy, a bookseller, of London. Having acquired a great fortune by his profession, he died at his house in Lincoln's-Inn-Fields, March 22d, 1750, leaving a considerable legacy to Christ's Hospital, where he had been educated i.

[Page 96]September 26th, 1715, Edmund Lodge, clerk, was appointed master here, on the resignation of Jurin k.

September 26th, 1726, George Carr was appointed under-usher, on the decease of Richard Stewardson l: Carr removed afterwards to the episcopal chapel at Edinburgh: a collection of his sermons, published since his death, has deservedly met with great approbation.

July 10th, 1738, Richard Dawes, A. M. fellow of Emanuel Col­lege, in Cambridge, was appointed master here on the resignation of Lodge. He was also master of St. Mary's Hospital m. He resigned both these offices about A. D. 1750, but not before he had secured an annuity of 80l. per annum, to be paid him by the corporation of New­castle for his life n. He was a person of great learning o, but so wild and irregular as to be thought, generally, a little insane. The school under him was reduced to a very low ebb, and his refractory behaviour occasioned great trouble, and gave no small offence to his patrons, the magistrates of Newcastle.

[Page 97]In the year 1736, Mr. Dawes published proposals for printing, by subscription, "Paradisi amissi a cl. Miltono conscripti Liber primus, Graeca Versionè donatus, unà cum Annotationibus," with a speci­men p.

After his resignation, Mr. Dawes retired to a house at Heworth-Shore, a little below Newcastle, on the banks of the Tyne: he died, March 21st, 1766 q, and was, by his own desire, interred in Heworth church-yard, where his grave is still marked by a common head-stone, with the following inscription: "In memory of Richard Dawes, late head master of the grammer * school at Newcastle, who died the 21st of March, 1766, aged 57 years r."

John Wibbersley, A. B. of St. John's College, Cambridge, occurs as under-usher, July 12th, 1742 s.

On the resignation of Dawes, in 1749, Hugh Moises, A. M. first [Page 98] of Trinity-College, and afterwards of Peter-House, in Cambridge, was appointed master of this school t.

January 2d, 1752, Anthony Munton, A. M. of St. John's College, Cambridge, was appointed usher, on the resignation of Wibbersley u.

June 18th, 1755, Jeffry Clarkson, LL. B. was appointed usher, on the death of Munton v.

In 1758, the corporation of Newcastle purchased a pair of globes for the use of this school w.

John King, A. M. was appointed usher, on the resignation of Clarkson, February 6th, 1760 x.

September 24th, 1764, William Hall, A. M. fellow of St. John's College, Cambridge, was appointed under-usher y.

December 15th, 1766, W. Hall was appointed usher, and Weaver Walter, A. M. afterwards fellow of Christ's College, in Cambridge, was appointed under-usher z.

[Page 99]At the Midsummer common-council, 1778, John Brand, A. B. of Lincoln-College, Oxford, was appointed under-usher, on the resigna­tion of W. Walter.

September 20th, 1781, J. Brand a was appointed usher, on the re­moval of W. Hall.

At the Easter common-council, 1784, Moses Manners, A. M. of Lincoln-College, Oxford, was appointed usher, on the resignation of J. Brand.—And soon afterwards Robert Wilson, A. B. of All Souls College, Oxford, was appointed under-usher.

June, 1787, Edward Moises, A. M. was appointed head-master, on the resignation of his uncle, Hugh Moises, A. M. master of St. Mary's Hospital.

ADDENDA CONCERNING FELLOWSHIPS, SCHOLARSHIPS, AND EXHIBITIONS THAT MAY BE ENJOYED, AT BOTH THE UNIVERSITIES, BY SCHOLARS OF NEWCASTLE-SCHOOL.

No I.

EXTRACT from Lord Crewe's will, relating to the choice of exhibitioners at Lincoln-College, Oxford.—"Item, I do hereby declare that I have given and devised my said mannors, advowsons, lands and hereditaments in the said counties of Northumberland and Durham as aforesaid upon trust and confidence that they the said John Mountague, John Dolben, &c And upon this further trust that the said John Mountague, John Dolben, &c. do and shall out of the rents and pro­fits of my said mannors, hereditaments and premises in the said counties [Page 100] of N. and D. for ever hereafter pay or cause to be paid the yearly sum of twenty pounds to each and every of the twelve exhibitioners of Lincoln-College in the said university of Oxford, which I have already named and appointed, or which I shall hereafter name or ap­point—and to each and every of twelve exhibitioners to be elected and chosen after my decease, as herein after mentioned, who shall be under graduate commoners in Lincoln-College aforesaid, and who are or shall be natives of the diocese of Durham—And for want of such natives, of Northallertonshire or Howdenshire in the county of York or of Leicestershire, and particularly of the parish of Newbold Verdon, or of the diocese of Oxford whereof I was formerly bishop, or of the county of Northampton in which county I was born.—And my will is and I do hereby direct that such exhibitioner or exhibitioners by me already named and appointed, or to be by me hereafter named and appointed, or upon any other vacancy or vacancies whatsoever, shall be from time to time and at all times for ever after my decease elected and chosen by the rectors and fellows of Lincoln-College aforesaid for the time being or by the major part of them, and to en­joy the said exhibitions or annual payments for eight years, if they shall respectively so long continue resident in the college aforesaid, and no longer, unless they have leave from the rector of the college afore­said for the time being to be absent, which I desire he will not grant but upon reasonable cause. And I do hereby direct that as often as any vacancy or vacancies shall happen of such exhibitioner or ex­hibitioners, others shall be elected in their room within three months, in manner as aforesaid."

No II.

From Anthony Wood's MSS. in the Ashmolean Museum, Oxford, F. 28, 8490. "In libro statutorum magnae aulae sive Collegii Uni­versitatis Oxon. ex manu veteri sic legimus, p. 8, et in altero exem­plari, p. 24.

"Memorandum quod circa annum Domini 1280 venerabilis & de­votus [Page 101] vir Willielmus de Dunelm' tunc archidiaconus Dunelm' qui eò quod post indotavit collegium possessionibus, nominatus est fundator, in testamento suo statuit et reliquit, quod si non forent magistri vel bachil­larii non promoti et pauperes diocesis Dunelm' tunc essent sophistae illius patriae, si qui pauperes invenirentur, socii illius collegii: in tan­tum quod si non forent socii in collegio ad eligendum ipsos tunc pete­rent dictum collegium & quan' de jure reciperenter statim in socios ejusdem. Ut satis deducitur ex antiquiorum statutorum vicesimo. Quod statutum sic incipit, "Item cum in dicto collegio."

Ex ordinationibus Comitis Northumbriae. ‘—Nos prefatus comes volumus et ordinamus quod praefatus magister & scholares, alias dicti senior-socius & consocii & eorum successores in dicti collegii socios perpetuos eligant et deinceps in perpetuum habeant tres artium baccalaureos seu magistros de diocesibus Dunel­mensi Carleolensi et Eboracensi ad prosiciendum in sacra theologia magis aptos. Ita quod ipsi ceteris paribus electione et ordinis seniori­tate praeferantur qui in partibus Northumbriae oriundi reperiuntur.’

The statutes of University College in Oxford, relating to the fellow­ships that belong to the diocese of Durham: From an interleaved copy of Bourne's History of Newcastle, ex autograph' viri reverendi Nath. Ellison, M. A. Col. Mert. non ita pridem socii, hodie vero Bolam in agro Northumbr' vicar', nec non capellae parochialis S. Andreae apud Novocastrenses ministri.

E. Statut. Willielmi Dunelmensis. ‘Eligantur sine acceptatione patriae vel personarum: caeteris vero pa­ribus ille praeferatur qui de partibus Dunelmiae b proxime oriundus exti­terit.’

Stat. Walteri Skirlow. ‘Eligantur qui in diocesibus Ebor' & Dunelm' oriundi fuerint, si idonei reperiantur potius quam de oriundis in aliis partibus quibus­cunque.’

[Page 102] Stat. Hen. Percy. ‘Habeant tres socios de diocesibus Dunelmensi Carleolensi & Ebora­censi et ipsi ceteris paribus praeferantur qui in partibus Northumbriae ori­undi reperiantur.’

No III.

The clause in Dr. Hartwell's Will concerning the Exhibitions. "A. 8. Item I give and bequeath twenty pounds per annum, to be divided into two exhibitions of ten pounds each, towards the maintenance of two scholars to be sent to either of the universities out of the scholes of Dur­ham and Newcastle. These exhibitions to continue four years, with a year of grace to take a degree if the trustees think fit.

"A. 8. These charities, from Art. 3d inclusive, are to be paid out of the rents of Fishburn estate, and having a presumption I shall not be denied in a cause of charity, I do appoint the dean and chapter of Durham, or any three of them my trustees herein (with the assistance if need be of the mayor and aldermen of Durham, or any part of them), to receive the rent of the said estate of Fishburn, and to see it applied according to the directions before expressed." From a copy in the archives of the Virgin Mary's Hospital in Newcastle. See after­wards a copy of the order of chapter.

The following is an opinion of lawyer Grey.— Grey's MSS.

"Upon perusing a copy of Dr. Hartwell's Will, wherein he devises 20l. per annum to be divided into two exhibitions of 10l. each, towards the maintenance of two scholars to be sent to either university out of the schools of Durham and * Newcastle, I am of opinion that New­castle school hath an equal right to the benefit of this exhibition with the school of Durham, and that one of the scholars ought to be sent from Newcastle school."

No IV. Dr. Smith's Exhibition.

Dr. Michael Smith, rector of Freckenham in the county of Suffolk, bequeathed to Emanuel-College in Cambridge, the sum of eight hun­dred [Page 103] pounds, one half of the interest of which is to go to the repara­tion of the chapel and college, and the other half to the maintenance of a scholar, either from the school of Durham, or that of Newcastle upon Tyne.—Dr. Smith was the son of a Mr. Smith, alderman of the city of Durham, and nephew of Cuthbert Smith, Esq. alderman of Newcastle upon Tyne.—The above exhibition has already been claimed and enjoyed by scholars from Newcastle school.—The following epi­taph is in Emanuel-College chapel: ‘"M. S. Michaelis Smith, S. T. P. De agro Dunelmensi nati, Ecclesiae de Freckenham in com. Suff. Rectoris, Viri comis, benevoli, justi, qui in hoc collegio cooptatus, quod beneficiis non vulgaribus sibi devinxerat, amoris ergo, corpus suum in hoc porticu humari voluit. Obiit 6 Maii 1773. Aetat. 73."’

December 18th, 1755, a lease was granted to Mr. William Lowes, from the mayor and burgesses of Newcastle upon Tyne, of "Spittle-Croft," with a liberty reserved for the scholars of the free grammar school to play in the said croft, commencing from Lammas, 1756. We sincerely hope and wish that that body will, in every future lease of the same field, which may be called the Campus Martius of this school, continue the same reservation.

An elegant new porch was built as an entrance to this school, 1782, after a design by Mr. Newton, architect, with the following inscrip­tion: [Page 104]"Scholam Novocastrensem A viro venerabili Thomâ Horsley Regnante Henrico octavo fundatam, Ab illustrissima Elizabetha Auctoritate regia insignitam, Pro solita munificentia reficiendam curabant Veri patroni major & commune concilium A. D. 1782. Edvardo Mosley, majore, Georgio Colpitts, vicecomite."’

The impropriated, or great tithes of Bolham parish, in Northum­berland, belong to this school. See Wallis's History of Northumber­land, vol. ii. p. 234.

Warburton's MSS. in the possession of his Grace the Duke of Northumberland, inform us, that the then lessees were Sir John Mid­dleton and Marmaduke Cutter, Gent.

"Die Lunae vicesimo nono die mensis Novembris anno Domini 1725, convenerunt ad capitulum generale celebrand' honorabilis Jo­hannes Mountague S. T. P. decanus Jonathan Hall S. T. P. vice de­canus Jacobus Finne S. T. P. Thomas Mangey S. T. P. Thomas Run­dle legum doctor & Georgius Sayer A. M. ecclesiae cathedralis Du­nelm' prebendarii & capitulares in presentia mei W. Pye, N. P. regis­trarii. Agreed that Mr. Walton's son of Corbridge and Mr. Lodge's son of Newcastle have Dr. Hartwell's two first exhibitions, the one for Durham, the other for Newcastle, according to the tenor of the doctor's will."

"Vera copia examinata per W. Pye, N. P. registrarium."

(From a copy preserved among the writings of St. Mary's Hos­pital—indorsed, "A copy of the order of chapter for Dr. Hartwell's exhibition to Mr. Walton's son and mine.")

WEST-GATE.

UNIVERSITY College, in Oxford, had possessions in this street: Arthur Charlott, D. D. and master of the college of the great college * [Page 105] of the great hall of the university of Oxford, commonly called Uni­versity College, and the fellows of the same, by indenture, dated Sep­tember 28th, 1693, demised to William Metcalf, of Newcastle upon Tyne, hostman, two houses or tenements, in the town of Newcastle aforesaid, in the street there called the West-Gate, between the com­mon street, on the east part, and a tenement belonging sometime to a chantry of the Blessed Virgin, in the church of St. Nicholas, on the west part—the highway on the north, and the back walls of the said town of Newcastle on the south, for 31 years c, under the yearly rent of ten shillings.

The parsonage, or vicarage house of Newcastle, is situated in this street, not far from St. John's Church d.

There was a building in this street, called Spital-Alms-House: it stood nearly opposite to St. John's Church.—It is mentioned by Bourne, and marked in his plan of the town. It was pulled down not many years ago, and a handsome house erected on the site.

ST. JOHN'S CHURCH.

IT is alike unknown by whom, or at what time, this church or chapel was founded e.

Bourne says, that it appears to have been built, A. D. 1287 f.

Great alterations were probably made, both in the steeple and body of the church, by Robert Rhodes, the great benefactor to all our reli­gious buildings.

His arms, which remain in two of the other churches, are found here also, under the belfry.—They are also placed over the window, on the outside of the south-cross. One William Hutton is conjec­tured to have been one of the first benefactors to this church, from some punning devices, expressive of his name, after the manner of those times, which are still preserved in the glass of one of the south-east windows of the south-cross, and upon one of the pillars before the western gallery g.

In the year 1379, this place occurs with the title of "capella," or "chapel h."

There were three chantries here in the papal times; one dedicated to St. Thomas the Martyr—a second to the Virgin Mary—and the last to the Trinity i.

St. Thomas' chantry was founded about A. D. 1319, by Adam of Durham, a burgess of Newcastle, for the souls of his father and mo­ther, &c. and his own.—It is supposed to have been situated near the north-cross. Roger de Burnet occurs as first chaplain in the deed of [Page 107] foundation, by which the mayor and bailiffs of Newcastle are appointed patrons. The yearly value of this chantry was 4l. 3s. arising out of property in the Sand-Hill and West-Gate. John Ragge (alias Rige) was the last incumbent, and had an annual pension of 3l. 16s. k.—The subsequent account of this chantry is taken from the certificate of col­leges and chantries, in Northumberland and Durham, 37 Hen. VIII. remaining in the Augmentation-Office:—"The chauntrie of St. Tho­mas in the parishe church of Seynt John within the towne of New­castell upon Tyne was founded by reporte to fynd a preist for ever for the mayntaynance of Godd's service and to pray for all Christen sowles and is so used at the present but ther is no dede of any foundacon to be shewed—Yerely value 4l. 2s. 8d.—Value according to this survey 4l. 3s. as apereth by a rentall whereof is paid owt for a rent resolut' 2s. and for the Kinges majesties tenthes 8s. 3d.— 10s. 3d. and re­maynith clerely 72s. 9d. whiche ben employed to the sustentacon and relief of John Rige clerke incumbent ther accordyng to the ordynnance of the said foundacon—Ornaments &c. 22s. 1d. as apereth by a per­ticuler inventory of the same.—Ther wer no other landes &c."

Our Lady's chantry was sounded by Edward Scott, in the time of Edward III. Its yearly value was 4l. 4s. 4d. out of property in Sand-Hill and West-Gate l.—The following account of it is preserved in the above-mentioned certificate, &c. 37 Hen. VIII.—"The chauntrie of our Lady in the parishe churche of St. John within the towne of New­castell was founded by one Edward Skott by a licence obteyned of Kinge Edward III. to fynde a priest for ever to say masse ther dayly and to pray for hys sowle and all Christen sowles by reporte but the foundacon thereof we have not seene—Yearly value 4l. 3s. 4d.—Value according to this survey 4l. 4s. 4d. as apereth by a rentall whereof is [Page 108] paid to the Kinge's majestie for the yerelie tenthes thereof 8s. 4d. and remayneth clerly 76s. whiche ar employed to the sustentacon and relief of Edwarde Skott, clerke, incumbent there accordyng to the ordynnaunce of the foundacon.—Ornaments &c. 27s. 10d. as apereth by a perticuler inventory of the same.—Ther wer no other landes &c."

The chantry of the Holy Trinity is said to have been founded by John Dalton, William Atkinshawe, and Andrew Accliffe, clerks.—Its yearly value was 5l. 13s. 4d. arising out of tenements in West-Gate and the Side, and one with a Close without the West-Gate m. Ber­tram Bertley was the last incumbent, and had a pension of 5l. per an­num, which he enjoyed in 1553 n.

The following account of this chantry is preserved in the above­cited certificate, 37 Hen. VIII.—"The chauntrie of the Trinitie in the parishe churche of Seynt John within the towne of Newcastell upon Tyne was founded by a licence obteyned of Kinge Edwarde IV. by John Dalton, William Atkynshawe and Andrew Aclif clerke, to fynd a preeste for ever to say masse and pray for their sowles and all Christen sowles by reporte whiche is so used hitherto but ther is no dede of any foundacon to be shewed—Yerely valew 109s. 2d.—Valew ac­cordyng to this survey 113s. 4d. as apereth by a rentall wherof is paid yerely to the Kinge's majestie for the tenthes 10s. 11d.—and remayn­eth clerly 102s. 5d. whiche ben employed to the sustentacon and relief of Bartram Barkeley prieste incumbent there—Ornaments &c. 22s. 11d. as apereth by a perticuler inventory of the same.—Ther wer no other landes &c."

The present vestry of this church has probably been one of the chantries.—There is a nich in the wall, evidently intended to hold holy water.—There is preserved there also a curious specimen of old carv­ing, on what has been part of an ancient chest. The subject, George and the Dragon.

The ancient font of this church, which had been given by one John [Page 109] Bertram, was destroyed by the Scots in 1639 o. The present one has probably been the gift of Andrew Bates, A. M. appointed lecturer of this church, A. D. 1689, as there is a shield on it with the arms of that ancient family.

Mention occurs of an organ, or rather "organes," in this church, in the year 1570 p.

The present organ was built by subscription, A. D. 1734, on which occasion the corporation of Newcastle gave twenty guineas, and settled a salary of 20l. per annum on the organist q.

More painted glass remains in the windows of this than of any other church in the town.

The great eastern window, in particular, abounds with curious spe­cimens r.

[Page 110]There are six indifferent bells in the steeple.—It a [...]pears, by the common-council books, September 20th, 1724, that the names of the mayor, M. Featherstonhaugh, &c. engraved on a stone, were set up in the steeple of this church, with an order, "that lest it might be claimed as a precedent for such repairs, that the said steeple ought to be repaired by the parishioners."

The communion table of this church, says Bourne, was given by Mr. Robert Crow, merchant, anno 1712.

Mr. Robert Rymer of this town, he adds, left to this church, in the year 1722, a large flaggon, a chalice and a plate, all of silver, valued at 60l. to be used at the holy communion.

Lady Musgrave presented an altar cloth and cushion, being a legacy left to St. John's Church, by Mrs. Hilton.—Newcastle Courant, May 11, 1754.

There is a painting, by one Henry Mort, on the altar-piece, repre­senting cherubs ascending and descending in the clouds, &c. under a crimson curtain, with gold fringe.

The cross is left standing on the outside of this church, on the top of the choir.

This church was beautified in the year 1765.

A. D. 1762, the church-yard here was inclosed by subscription with a brick-wall and rail work above, and planted round in the inside with lime and elm trees.—On a table monument therein is the follow­ing inscription: ‘"Here lie the remains of John Cunningham. Of his excellence as a pastoral poet, His works will remain a monument For ages, [Page 111] After this temporary tribute of esteem is in dust forgotten. He died in Newcastle, September 18th, 1773, aged 44."’

The register of this church for births, marriages, and burials, begins in January, A. D. 1587.

In the year 1785, 58 males, and 43 females were christened: and 58 males, and 84 females, buried at St. John's.—Newcastle Courant.

There was a chapel and burying ground at Benwell, in this parish, now both destroyed.—"The old tower of Benwell-Hall," says Bourne, p. 113, "was the place where the prior of Tinmouth s resided some part of the summer, and the chapel, which Mr. Shaftoe opens and supplies for the good of the people of his village, was the prior's do­mestic chapel." A Mr. Dalgarner occurs as minister, A. D. 1680. It was supplied by the curate of St. John's till it was pulled down.— There is a register book belonging to it, ending A. D. 1742, at present, or very lately, in the possession of Mr. Rutter, attorney-at-law.— There is a vault, and a few grave stones still continue to mark the site of the burying-ground.

LEGACIES LEFT TO THE POOR OF ST. JOHN'S.

(See Bourne's account.)

A. D. 1640, Henry Hilton, Esq. left to this parish 4l. per annum, for 99 years. This charity determined in 1739.

1644, Sir Alexander Davison left to this parish 2l. per annum.

[Page 112]1644, Sir Thomas Davison left to this parish 1l. per annum.

Mr. Aldworth left 1l. per annum, as to St. Nicholas and All Saints.

Mr. William Carr, who died April 14th, 1660, left 1l. 2s. 4d. to this parish.

Mr. William Carr (another person) left 1l. 10s. aliter 1l. to this parish.

Mr. Thomas Davison, who died November 28th, 1676, left 1l. 6s. 8d. to be paid out of the merchants company to this church.

Mr. Mark Milbank, 1679, left 3l.

Sir William Blackett, 2l. per annum.

Mr. John Rumney left 2l. 10s. aliter 3l.

Mr. Timothy Davison left 1l. 10s. aliter 1l. 5s.

Nicholas Ridley, 1l.

Mr. Wrightson, 2l. 10s.

Matthew White, Esq. 1l.

Mr. William Harrison, the interest of 50l. for ever.

Margaret Percival, widow, a house in Back-Row; yearly rent, 3l. 7s. 6d.

Mr. Robert Percival, a house in the Wool-Market; yearly rent 20l.

George Mallaber, Esq. left 50l. the interest whereof to be paid yearly.

Lady Jane Clavering, relict of Sir John Clavering, left 50l. the interest whereof to be paid yearly.

CHARITY-SCHOOL.

THIS school was founded, A. D. 1705, for the education of 40 boys, by an anonymous person, discovered afterwards to have been Mr. John Ord.

December 15th, 1708, there was an order of common-council, to purchase a house for the school-master of St. John's school.—Com­mon-council books.

MONUMENTS AND INSCRIPTIONS IN ST. JOHN'S CHURCH.

In the chancel.

"This is the burial-place of Thomas Errington, merchant-adven­turer." These words are writ about the arms cut upon the stone:

"Remember Death,
God's word ne'er shun,
With wings Time flieth
Whilst glass doth run."

"The burial place of William Wallas mercer, and merchant adven­turer of England. He departed this life the 23d day of September 1664. William Wallas son of the said William departed this life the 11th day of January anno 1688, aetatis suae 23."

"The burial place of Charles Clark barbar chyrurgeon. He de­parted the 2d of August 1667. Margaret his wife departed this life the 30th day of March 1683. At the bottom of the arms De pre­tient' Dei."

"The burial-place of the Rev. Matthew Forster, lecturer of this church, who dyed October 23d 1723, aged 46."

"Oswold Chayter lining weaver 38 year clerk of this church, de­parted to the mercy of God July 21st A. D. 1623, aged 68 years."

"Here lieth the body of John Dixon plummer, who died April the 12th, 1728, aged 42."

On a stone near the altar. "Hic quod remanet Johannis Shaw hujus ecclesiae pastoris: Deo, ecclesiae, patriae, regi piè fidelis—obiit Maii 22o A. D. 1689, Aetatis suae 77."

Near the altar table.

"Sepulchrum Roberti Fenwick mercatoris & Dorotheae uxoris ejus suorumque filiorum & filiarum. Ille obiit Sept. die 8vo. A. D. 1689, aetatis suae 61. Robert filius natu maximus obiit 23 die Martii 1690. Illa obiit 15 Julii 1701. Petrus Potts Geners Annam filiam eorum na­tu maximam duxit uxorem ex qua liberos suscepit quorum sex sibi fuere [Page 114] superstites (viz.) Dorothea, Jana, Maria, Petrus, Robertus, Johannes; illa obiit 3o April A. D. 1719, aetatis suae 63."

"The burial place of Mr. John Bell, merchant adventurer, & Mar­garet his wife Margaret Bell died the 21st of November, 1710, aged 55. John Bell died the 22d of June, 1716, aged 62."

Sepulchrum Radulphi Scourfield generosi qui obiit Februarii 16, 1675, et Janae uxoris ejus quae obiit Maii 12o, 1689. Quorum filius Radulphus Scourfield Armiger, de comitatu Northumbrie quondam vicecomes, obiit Septembris 1o, 1728."

"The burial place of John Clutterbuck, gent. and Barbara his wife, and their children. Hannah buried July 16th, 1683. Catharine buried July 23d, 1683. James buried April 3d, 1692. Barbara his wife buried September 2d, 1695. Richard their son departed the 9th of November 1702. He departed the 3d of July 1717."

In the chancel—much defaced.
"Exuviae Gulielmi Astell
Quas sub die resurrectionis spe
Fideliter hic custodiendas
Lubens deposuit ..........
Sept. 14. Ao. Domini MDCL ... III.
Iterumque die illo magno ... crucis
Hinc cum gaudio petendae
Gloriosè induet immortalitatem.
Stay, reader, stay, who wouldst but canst not buy
Choice books, come read the churches library,
Which like Sybelline leaves here scatter'd flies
Perus'd alas here by men's feet, that lies
In single sheets, then neatly to be bound
By God's own hand, when the last trump shall sound;
Amongst the rest glance on this marble leaf,
'Tis Astell's title page and therefore brief.
Here lies the reliques of a man
But who was truly christian
Whose founder judgment frantic zeal
Never hurried on her wheel
[Page 115]Of giddy error, whose heart bled
When rebel feet cut off their head,
And great good Shepherd humbly lay
To his mad flock a bleeding prey,
Who chearfully sustain'd the loss
Of all for his dread Master's cross,
Triumphant Charles hee's gone to see
For militant praise heav'n's victory."

"Hic jacet Johannes Astell Armiger & Maria uxor ejus, ille obiit 17 die Martii Anno Domini 1633, aetat. 73. Haec 22 Maii 1658, aetatis suae 95."

"Here lies interred the body of Peter Astell, gentleman: he de­parted this life 19th March 1678, and had issue by Mary his wife two sons and a daughter. William his son departed this life 15 March 1672."

South isle and cross.

On a very large stone in the south isle the arms of Bertram—and underneath those of the merchant-adventurers. Initials R. B. crest, seemingly a bull's head out of a coronet.—Robert Bertram was sheriff of Newcastle 1522.

"The burial place of Robert Wheatley, cordwainer, with Elizabeth his wife, and their children."—Arms of the company of cordwainers.

"George Nicholson deputy town-clerk: he departed 16 February 1624 and Margaret his wife"—with the following singular Latin in­scription:

"Corpus heus animus conclusum
Liberâ clarus
Est fruitur spectat carcere
pace Deum."

Which with great diffidence I venture thus to translate: "The body alas is shut up in this prison—the bright mind enjoys free peace and beholds its God."—

"Tomkins 1639—1666." "Robert Bredy physician ob. 11 July 1723, aged 54 years." "George Gatis."

Cross isle.

"Sepulchrum Edwardi Bell et Mariae uxoris ejus."

"Jhu have marcy uponn the soull of John Wilkenson marchant aven­turer and draper, sometyme maior of this towne, and Margeree and Margaret his two wyffes and thre children, Anno 1570, the 16 of Marche."

"Henry Wouldhave, sadler." Escutcheons: Percival—Allgood im­paling Lewis—the rest duplicates of Sir W. Blackett, Mallabar, Cla­vering, Harrison, Ramsay, Ridley, White, Aldworth, and Proctor, as in St. Nicholas'. "John Kellet"—"Adam Askew, M. B. died Ja­nuary 15th, 1773, anno aetatis 77." His death was occasioned by a fall backwards, as he was going up stairs to bed.—He made an immense fortune by his practice of near 50 years. See Nicholson's and Burn's History of Westmoreland and Cumberland, vol. i. p. 255— 257. He purchased the burial place of Kellet, where he lies interred.

North isle.

"Henry Shaw, 1715"—Sanderson—Whithouse—" Thomas Hut­chinson, sword cutler, July 1655."—"Dawson"—"Aubone"—"Ba­con"—"Peter Fewell"—"John Bennet." Escutcheon: "Thomas Wolfall, pastor of St. John's."—"Christopher Cook"—"Thomas Robinson, merchant"—"Rayne"—"Robert Carr"—"Yeilder"— "Hall"—"Edward French." "The burial place of Robert Bonner, Esq. of High Callerton."

West end and middle isle.

"William Scott, linen-draper."

"Bartho' Anderson."

Bourne says, that in his time there was a funnel or wood box in the form of a spout, which hung from the top of this quire—the con­veyance, in times of popery, for an artificial dove, on the day of pentecost.—Grey tells us that this church was commended by an arch­prelate of this kingdom, because it resembleth much a cross—The porch of this church was rebuilt 1710, Thomas Fletcher, Robert Percival, John Quincy, John Fairlam, church-wardens.—The north gallery was built in 1710, for 33 persons, by Mr. Robert Percival, pin-maker—He contributed 3l. to the bells in 1707—In the year 1710 he beautified the altar at his own expence.—He died Feb. 8th, 1729.

CLERGY OF ST. JOHN'S, MINISTERS, LECTURERS AND CURATES.

The vicar of Newcastle pays to the lecturer of this church 3l. 10s. per annum, the king 4l. 0s. 10d.

Jurdan, chaplain of St. John's, occurs as witness to a deed preserved among the writings of St. Mary's Hospital, supposed to be about the date of 1269 t.

A mandate occurs dated at Aukland, March 19th, 1419, to the arch­deacon of Northumberland, to receive the purgation of William Med­calfe, of Morpeth, clerk, charged with stealing a horse and saddle from John Rauchif, of Morpeth, in the church of St. John in the town of Newcastle upon Tyne u.

John Eland occurs 1424.v

William Talbot on Eland's death, 1431.v

Robert Bonner and Robert Woller occur in 1500 w.

George Graye, in 1575—he occurs in Barnes' Visitation, Feb. 1, 1577, and July 6th, 1579—He died in 1579 x.

Humphrey Sicklemore occurs at the bishop's visitation, January 3, 1580.

Thomas Maslet occurs in 1582. Oswald Chaitor 10 Nov. 1582, li­censed parish clerk y.

Lancelot Graye, 1583 z.

Martin Liddall, clerk, occurs 1585, 1586 a.

Edmund Robinson, curate, before September, 1589 b.

March 1590, Mr. Bowland, curate c.

[Page 118]August 22, 1590, Mr. John Murra, minister of St. John's d.

Henry Patteson occurs 1591 e.

Clement Cockson, curate, before October 27th, 1598 f.

Shaw occurs lecturer about 1614 g.

Phil. Doncaster occurs 1626 h.

John Shaw occurs 1st February, 1632—he died in 1637 i.

July 28th, 1637, there is an order of common-council for settling Mr. Robert Urthwart at St. John's, with a salary of 20l. which Octo­ber 2d, 1643, was augmented to 40l. per annum k.

He occurs June 16th, 1646, sending a recantation of his principles to the common-council, and expressing his sorrow for having preached against the parliament l."

Bourne says, that having suffered in the civil wars, he went after­wards beyond the seas, and having turned papist, died in a convent.

June 14th, 1647, Mr. Thomas Woolfal settled at St. John's, to preach forenoon and afternoon, with a salary of 150l. per annum m. He died before 24th November, 1652.

March 25th, 1652-3, Mr. William Cole, on the death of Woolfal— He was minister of Kirby Kendal in Westmoreland, salary 150l. per annum n.

Henry Leaver "had a call" hither from Brancepeth about Candle­mas, [Page 119] 1659, on the resignation of Cole o. He was established here June 20th, 1660, and was afterwards deposed for non-conformity.

August 27th, 1662, John Shaw, A. M. on the removal of Leaver, to preach forenoon and afternoon—salary 60l. and 10l. for his turn in the Thursday's lecture, at St. Nicholas p. He died May 22d, 1689.

July 25th, 1689, Andrew Bates, A. M. on the death of Shaw, to preach forenoon and afternoon, with a salary of 90l. and 10l. for his turn at Thursday's lecture q.

Matthew Forster, A. M. 1710, on the death of A. Bates. He died October 23d, 1723 r.

March 7th, 1724, Henry Featherstonhaugh, B. D. of St. John's College, Cambridge, was appointed lecturer on the death of Mr. Forster s.

September 7th, 1731, on the removal of H. Featherstonhaugh to All Saints, there is an order of common-council to appoint Mr. Natha­nael Clayton to St. John's—one to officiate for him nine months on his going up to Cambridge to take orders.

[Page 120]June 15th, 1732, there is an order of common-council that the Reverend Mr. Richard Cuthbert t be removed from Sandgate (St. Ann's) Chapel, to the lectureship of this church. He was son to a recorder of Newcastle.

On the removal of Mr. Cuthbert to Kendall, September 29th, 1736, Mr. N. Clayton u was appointed to enter on this lectureship.

John Thompson, A. M. of St. John's College, Cambridge, suc­ceeded to the curacy of St. John's after J. Carr.

J. Thompson was succeeded in the curacy here by John Brunton, A. B. of Christ's College, Cambridge, who died March 17th, 1780, and was succeeded by J. Brown, clerk, curate of Kirkharle in the county of Northumberland.

[Page]
To the MEMBERS of the SUBSCRIPTION ROOMS in NEWCASTLE upon TYNE. This [...] of the ASSEMBLY HOUSE, &c. in that Town, Enquired at their Expence is respectfully, Inscribed by their very obliged [...]obedt. humble Sert John. Bram

[Page 121]September 21st, 1786, Thomas Hornby, A. M. was appointed to the lectureship of St. John's, on the death of his uncle, Mr. N. Clayton.

WEST-GATE.

FROM the Postern and Back-Row, as far as the Tuthill-Stairs, West­gate, in Bourne's time, changed its name to "Tuthill v."

An elegant assembly-house, built by contribution on part of the gar­den belonging to the vicarage of Newcastle, near the head of this street, was opened at the time of the races at Newcastle, A. D. 1776 w. It cost [Page 122] about 6701 pounds in building, furniture and other expences x. In the lower apartments is kept a subscription coffee-house.

Near the head of West-Gate, behind a handsome new square, built by Mr. Newton, architect, stands the house of the Black Friars.

BLACK FRIARS.

THIS house was filled with Dominicans, one of the four orders of mendicants or begging friars y.

In France they are called Jacobins, from their house in St. James's Street, Paris.—They are named Black Friars, from the colour of their garments: Dominicans, from the name of their founder: Preaching

[Page]
Most respectfully [...] [...] of the [...] An inside [...] of the MONASTRY of BLACK FRIARS [...]

[Page 123] Friars, from their office of preaching and converting heretics.—At New­castle they appear to have had the title of Shod Friars z, in contradis­tinction, as it should seem, to their neighbours, the Grey Friars, who went barefooted. Sir Peter Scot, and his son Sir Nicholas Scot, are said to have invited the order to Newcastle, and to have founded this house a.

The precise date of the building has not been transmitted b.

The ground on which it stands is said to have been given by three pious sisters, whose names have been ungratefully consigned to oblivion.

November 6th, 1264, after an inquisition taken by Adam de Gesse­muth, sheriff of Northumberland, and the mayor of Newcastle upon Tyne, by which it appeared that the aqueduct made by the Friars Preachers of that town, under a royal grant, from a certain fountain be­yond their court-yard, and to their monastery, and from thence into the town, ought to remain as an advantage to the public at large, the King confirmed it to them for ever c.

[Page 124]September 18th, 1280, there was a grant from the King to the Black Friars of this house to make a postern-gate through the town-wall, to communicate with that division of their property, which had been placed in the suburbs by the building of the said wall: reserving to the king's constable, or the sheriff of Northumberland, power to build it up when it should be found necessary to do so for the security of the town d.

December 15th, 1299, the Friars Preachers here received eleven shillings for their pittance of one day on the King's passing through the town in the beginning of that month—as also on the 8th of Janu­ary following, for their pittance of two days, on the King's arrival, twenty two shillings e.

[Page 125]June 4th, 1312, King Edward II. granted a licence to the prior and brethren of this house, to make a drawbridge of wood, five feet broad, over the new foss of the town, for a passage to their garden in the suburbs, with pale-work, in lieu of the garden-wall, upon condition that the bridge and pale-work should be taken away on the appear­ance of any imminent danger f.

March 1st, 1318, the King granted for ever to the brethren of this house, for the purpose of enlarging their house and burial-ground, a messuage contiguous thereto, which had belonged to Gilbert de Middleton, and had escheated to the crown on his being hanged for felony and treason g.

A patent concerning this house, of the date of 1322, is mentioned in Tanner's Notitia Monastica.

[Page 126]August 1st, 1322, the brethren here received 8s. for their pittance of one day; and on the 14th of September following, on the King's arrival at Newcastle, the like sum, for their pittance of one day h.

May 16th, 1330, King Edward III. granted a licence of mortmain to John Baroun, of Newcastle upon Tyne, to impower him to assign to the prior and brethren of this monastery, a piece of ground conti­guous thereto, 60 feet long, and as many feet broad, for the purpose of enlarging their said house i.

[Page 127]On the Feast of Gervasius and Prothasius, 1334, Edward Baliol, King of Scotland, did homage to King Edward the Third, for the whole kingdom of Scotland, in the church of this house j.

December 6th, 1342, the King, on the supplication of the prior and brethren of this house, granted them power to renew and set up again certain gates on their ground, for ingress to, and to shut up their house, (which they had been accustomed to have, till, on a dispute be­tween the men of Northumberland and some persons of the said town, when the Earl of Warren, the warden of the March of Scotland, lodged at their house, the said gates were broken down, and they had been prevented from setting them up again by some persons of New­castle), to hold to themselves and successors for ever, in like manner as they had been held before such demolition k.

[Page 128]March 27th, 1380, the Bishop of Durham granted a licence to the prior and convent of this house, to celebrate mass in the church of St. Nicholas, in Newcastle upon Tyne, on asking leave of the vicar of that church for the time being, although such leave should be re­fused them l.

December 1st, 1390, King Richard II. prohibited the conferring of the degree of master on certain apostate brethren of the order of Friars Preachers. There occurs a letter of the same King, dated July 27th, 1397, to the vicar of the provincial chapter of the same order, to be held at Newcastle upon Tyne, concerning the said apostates m.

Lord Scroop, by his will, dated June 23d, 1415, bequeathed 13s. 4d. to the recluse in this house of Friars Preachers, at Newcastle upon Tyne n.

John Rokesburgh occurs as prior of this house, July 13th, 16 of Edw. IV o.

[Page 129]October 9th, 1537, an indenture passed between Rolande Hardynge, the last prior of this house, for himself and the convent, and Robert Davel, clerk, archdeacon of Northumberland, by which the former bound themselves, and their successors, for ever, on condition of re­ceiving 6l. 18s. from the said R. Davel, to sing daily an anthem, and perform certain other services, and pray for the souls of William Davel and others p.

[Page 130]This house, which is said to have been dependant upon the priory of Tinmouth, surrendered, June 10th, 1539 q. It consisted of a prior and twelve friars at the dissolution, when its annual value was 2l. 19s. 4d. alias 6d. r.—I find no particular account of any pensions granted to the prior or monks s.

[Page 131]A. D. 1551, Richard Marshall, one of the brethren of this house at the dissolution, and, it should seem, formerly prior, occurs at St. Andrew's in Scotland, very learnedly informing his audience there, that Pater noster should be addressed to God, and not to the Saints. See in a note subjoined, from the Preface to Knox's History of the Re­formation, a picture of the manners of our monks, drawn from the life, and marked with striking traits of the wretched ignorance that prevailed in those times t.

[Page 132]March 10th, 1544, King Henry VIII. granted the Black-Friars, with the houses and ground thereto belonging, at that time of the yearly value of 2l. 19s. 6d. to the mayor and burgesses of Newcastle, in consideration of the sum of 53l. 7s. 6d. reserving to himself and successors for ever, a yearly rent of 5s. 11½d.u together with the bells, lead, stones, iron, and timber of the church and other edi­ficesv.

[Page 133]In the year 1552, the mayor and burgesses of Newcastle upon Tyne demised, for a term of years, this house of Black-Friars, with its ap­purtenances of orchards, gardens, &c. to nine of the mysteries, or most ancient trades of the town, at the yearly rent of forty-two shil­lings, a ninth part of which was to be paid by each company, to the respective uses of which were portioned out the several apartments of the monastery, with the adjacent grounds w.

[Page 134]Low-Friar-Chare, commonly called Shod-Friar-Chare, from its vi­cinity to the house just described, and Low-Friar-Chare in contradis­tinction to the Upper, or High-Friar-Chare, near New-Gate, leads from that division of West-Gate, now called Fenkill-Street, to the White-Cross.

A. D. 1777, an elegant hall was erected x in this street, by the so­ciety of free and accepted masons, of the lodge of St. John. It con­tains, together with two paintings by Belly, one representing St. John, the other a portrait of the present master of the lodge z, an excellent small organ for their solemn rites. There is a Greek inscription on the front, in capital letters—a text from the first chapter of St. John's Gos­pel, signifying, "The darkness comprehended it not."—" [...]."

Pudding-Chare, anciently, says Bourne, Budding-Chare, a cross street leading from West-Gate to the Big-Market, is in some places narrow and inconvenient for carriages. It communicates with St. John's church-yard, or rather with a new foot-way railed off at the [Page 135] end of it, called "Grave's End-Walk," by another little street called, anciently, St. John's Chare, at present Rosemary-Lane, in which is the lying-in hospital for poor married women.

January 12th, 1774 a, the magistrates of Newcastle upon Tyne, at the general quarter-sessions of the peace, as justices for that town and county, granted a licence to Mrs. Sarah Hudson b, to keep this house, in pursuance of an act of parliament made in the 13th year of the reign of King George the Third.

May 9th, 1778, mention occurs of a bequest of an hundred pounds to this charity, by the late Lady Allgood c.

A. D. 1781, an hundred and five children were born in this hos­pital d.

In the year 1761, a similar charity e was instituted for poor lying-in women at their own houses, in Newcastle f and Gateshead.

January 2d, 1762, it appeared that, out of 180 poor women who [Page 136] had been recommended to this charity since its first institution, 158 had been safely delivered and preserved from the extremities of want in their distressed situation g.

It appeared, March 18th, 1775, that 1250 poor women had re­ceived the benefit of this charity in Newcastle and Gateshead, since the time of its first establishmenth.

Opposite the south end of Rosemary-Lane stands an alms-house, which has lately been rebuilt.

It is marked as a large pile in Bourne's Plan of Newcastle. "Seven poor persons," he tells us, "reside in it, who have a small allowance from the town at Christmas."

There is an order of common-council, June 6th, 1645, confirming to the ten poor widows in Pudding-Chare alms-house, their former al­lowance of ten shillings, and two chaldrons of coals, yearly. This has lately been filled with the brethren of St. Mary's Hospital.

Back-Row, which leads from the foot of West-Gate, opposite the postern, towards the gate of the castle, commonly called the Black-Gate, had anciently the name of Gallow-Gatei.

The Postern is a little street, which conducts from the foot of West-Gate westward to the Postern in the town-wall, called White-Friar-Gatek.

[Page 137]Bayly-Gatem leads towards the castle, into which it has anciently conducted by a postern-gate. It has plainly had its name from the ballium of the Castle, though Bourne (I think erroneously) derives it from "the coming of the felons of the county of Northumberland along it, attended by the county-bailiffs." The east end of this street is intersected by the passage from the descent into the close called Long-Stairs n, which, from thence to the east end of Back-Row, is at present called Queen-Street. There is a communication between the head of Long-Stairs and Castle-Stairs, called Bank-Side, and a still shorter by a subterraneous or arched passage, called Sheep-Head Alley.

Before I enter upon the history of the Castle of Newcastle, I shall take occasion to give a brief account of the famous wall of the emperor Hadrian, which ended at the castrum of the Roman station of Pons Aelii, and that of the emperor Severus, which passed through the site of the present Newcastle, and ended at Wall's End.

Hadrian's Wall or Vallum, made A. D. 120, was a wall of turf, with a deep foss or ditch accompanying it on the north side: the ori­ginal height of it is not known.

[Page 138]Severus' Wall was built, A. D. 207, of square stones, and every where also, except on the edges of precipices, was accompanied by a deep ditch or foss. The original height thereof was 12 feet, and the breadth 8. Between the village of Walker, i. e. the town by the wall, and Byker-Hill, the Wall of Severus, with its foss, are still plainly distinguishable: the site of the wall at present is covered with brush­wood and stunted trees. Dr. Stukeley has preserved in his Iter Boreale a view of the appearance of the Roman Wall, between Byker-Hill Mill and Newcastle, when he wrote. From this mill to the Smith's shop near the first mile-stone on the Shields road, the site of the wall and hollow of the foss, running parallel with the present turnpike way, are yet clearly discernible.

At the head of the bank, over-looking Ouse-Burn, was a castellum or exploratory tower, out of the foundations of which I saw many Roman stones taken, not many years ago, to build an adjoining house.

Coing down the hill from thence to the rivulet of Ouse-Burn, the foss on the north side of the hedge is still very deep, and forms what is here called a little gill.

Severus' Wall must have formed a small angle at the arch by which it has crossed Ouse-Burn.

On the rise of the hill between this streamlet and Red-Barns I found, April 3d, 1783, many of the square stones which had evidently been the plunder of the wall.

About Red-Barns the garden grounds have destroyed every vestige both of the wall and the foss: but when we are past the gardens, the remains of the wall seem again to appear, and, having crossed the field, proceed in a straight line, behind the Keelman's Hospital, to the Sally-Port, or Ship-Carpenter's Tower. There was a rope-walk here, upon the foundation of the wall, not many years ago.

Near the present Sally-Port Gate stood a turret or Roman castlellum. From hence the wall, as the foundations thereof, which were discovered some years agoo, plainly evinced, passed over the top of the hill, to [Page 139] which it gave the name of Wall-Knoll, and must have crossed Pandon-Burn by an arch near Stock-Bridge, as it is said to have been the ancient boundary and defence of the royal mansion of Pandon-Hall on the north p.

From Pandon-Hall the Roman Wall must have climbed over another hill towards Lort-Burn, which it has spanned by an arch near the pre­sent Low-Bridge, in order to form the northern rampart of the station of Pons Aelii: where it hasq run a little to the north of that part of St. Nicholas' church, which is called St. George's Porch; stretching from thence through the gardens of the vicarage house, it has afterwards in­tersected [Page 140] the line of the town-wall, a little to the north of the West-Gate, where Horseley supposes a very small turn has been made in it, in order to come up to the north rampart of the stationr at Newcastle, and to get to a sufficient distance from Hadrian's Vallum.

[Page 141]Horseley with great probability supposes that one of the extremities of Hadrian's Vallum was on the bank of the Tyne, beyond the castle, perhaps near the present half-moon battery (covered now with mo­dern buildings), where there may have been a circular turret in the time of the Romans, to command the pass of the bridge.

This vallum, passing the north corner of the castle, went in a straight lines to the place where, in Horseley's time, it became distin­guishable, without the West-Gate, and so onwards to that rising which still is so remarkable in a field, without the Turnpike-Gate, along which are ranged a set of boundary stones, where it certainly has passed.

Hadrian's Vallum, is with extreme probability supposed to have formed the southern rampart of the station of Pons Aelii, as Severus' Wall, at the distance of about six chains, may be naturally thought to have been the northern one. This station, most likely, has been square— The brow of the hill at the head of the Side easily directs us where to draw the line of the eastern rampart, running from St. George's Porch, till intercepted by Hadrian's Vallum, near Baily-Gate. And a line drawn from what was in Horseley's time Mr. Ord's house (lately Mr. Gibson's, the town-clerk's), to that part of the line of Severus' Wall which was about 30 yards east from the present Rosemary-Lane, shews as what must have been the western boundary of this fortification.

From that part of the line of the town-wall, where we left Severus' work, the track of it running westward has entirely been destroyed by buildings and gardens, till near the Turnpike-Gate, where it was thought distinguishable, in Horseley's time, in a small field between Quarry-House and Newcastle. That writer was of opinion that it [Page 142] passed through the site of this quarry-house, just beyond which, on the west, an immense quarry has eradicated every vestige both of the wall and foss of Severus: but mounting to the top of the rising ground be­yond it westward, the hollow of the foss begins to re-appear, running along pretty close to the north side of the turnpike road to Benwall, called in the Notitia the Station of Condercum.

Hadrian's Vallum, which we left running up a field west of the Turnpike-Gate, and marked by a range of boundaryt stones, disappears through the next field, where it has been destroyed by the working of pits u, but rises again into obvious notice after we pass the old mill, and is a long way distinguishable (with its foss) as it stretches west­ward towards Benwall, at the distance of a bow-shot in some places from the present turnpike-way.

[Page]

To SIR [...] KNT. the GRANTEE under the CROWN. This [...] the Old Castle of Newcastle upon Tyne. [...] John Br [...]d.

CASTLE OF NEWCASTLE UPON TYNE.

THE date of the first building, or rather perhaps of the enlarging v, re-edifying, or refounding of this once very strong and important fortress, is differently fixed by different historians; some placing it in the year 1079 w, others in 1080 x, and 1082 y. And if we will believe our metrical annalist Hardyng, it was not erected till the reign of William Rufus z. Many considerations induce us to lament that no one has set about to give us a work to be intitled, "The Harmony of English Historians:" till that appear we may perhaps do something towards reconciling the various and clashing accounts of the building of this castle, by supposing that the earliest relate to the year when it was be­gun, and the others to the time of its final completion.

However that may be, the greater part of our historians agree that this work was undertaken during the reign and at the command, [Page 144] of William the Conqueror, under the direction of Robert Curthose, his eldest son, on his return from an unsuccessful enterprize against Mal­colm king of Scotland, who, presuming on the absence of William on the Continent, where he was likely to have been a long while detained by the revolt of the Normans, and the diversion of his French enemies, had passed the borders of the two kingdoms, and wasted the northern provinces of England.

Its having been called, on its erection, the "New Castle," seems strongly to imply that it arose from the site of some older fortress, from which, by way of contradistinction, it derived a name extended after­wards to the adjoining town, and which is still retained in its present appellation a. Thus, as Dr. Plot, in his History of Staffordshire, in­forms us in a very similar instance, Newcastle under Lyme b or Line, in that county, had its name from the old castle of Chesterton under Lyme, which at the time of its erection was falling into ruin.

Scarcely had this castle been completed, before it was converted to a purpose very different from the intention of building it, having been se­cured to protect the rebellion of Earl Mowbray against William Rufus, the son and successor of William the Conqueror. The King marched against it, in the year 1095 c, with a great army, and took it after a [Page 145] short siege, together with several of the partizans of that noble traitor. William, having missed the great object of his northern journey in this castle, sat down before that of Tinmouth, on the taking of which also he was a second time disappointed, for Earl Mowbray was found to have taken refuge in the fortress of Bambrough. After a tedious and fruitless siege of that castle, rendered by its natural situation almost im­pregnable, the King returned southward, but not till he had erected a castle before it to cut off all hopes of throwing in succours, and filled it with his army, whom he directed to continue the blockade.

Driven, perhaps, to great straits through want of provisions, Mow­bray closed with an offer of some of his faithful adherents, of whose loyalty the King had however entertained no suspicions, as he had ap­pointed them the guards of this Newcastle upon Tyne: these had trai­terously, and with secrecy, invited the Earl to take shelter in it. The unfortunate nobleman escaped from Bambrough, but was discovered during his flight to this castle, on which he suddenly changed his route, and took sanctuary in the church of St. Oswin at Tinmouth. The holy asylum could not protect so formidable an enemy of the King, for after being wounded, he was dragged out by violence from the altar, and made a prisoner d.

[Page 146]In the year 1174, by the King's writ, the sum of fifty pounds was expended on the tower of this castle; as also, the same year, a farther sum of 125l. 13s. 6d. by the above writ, on the view of Robert de Diveliston and Ralph Baiard e.

A. D. 1213, King John made a foss round this castle, with some new and additional works towards the river Tyne f.

This year William, Earl of Warren, had the custody of the castles of Bamburgh and Newcastle upon Tyne, with the whole bailiwick of Northumberland, committed to his trust g.

[Page 147]A. D. 1224, William Briwere was constituted governor of New­castle upon Tyne h.

In the year 1225, Hugh de Bolebec, by a special precept from the King, was acquitted from his service of castle-guard at Newcastle upon Tyne, having been with the King in his army at Bedford i. This year, also, Roger de Merley, for his assistance of the same oc­casion, was acquitted of the service due from him, for that time, in warding the castle of Newcastle k.

This year John, son of Robert (Clavering), sheriff of Northumber­land, occurs as governor of this castle l.

A. D. 1226, John Clavering was also sheriff of Northumberland and governor of this castle, in which trust he is said to have continued for the tenth, eleventh, and half of the twelfth year of that King's reign: his father's christian name having been Robert, he was com­monly called John, son of Robert, or John Fitz-Robert m.

Yet in the year 1228, Brian, son of Alan, sheriff of Northumber­land, occurs also as governor of this castle.—He was Earl of Britanny and Richmond.—He continued in this important trust till the 19th of Henry the Third n.

A. D. 1229, there was a determination that neither the King, nor the keeper of the King's castle at Newcastle upon Tyne, had a right to take prize of an hundred herring for each boat and vessel coming up to that town, and that thenceforth they should not be claimed o.

[Page 148]In the year 1234, twenty-two pounds appear to have been expended on the work of the castle of Newcastle upon Tyne p.

A. D. 1237, Hugh de Bolebeck, sheriff of Northumberland, occurs also as governor of Bamborough castle, and the castle of Newcastle upon Tyne q.

In the year 1248, a new gate, at the expence (to the crown) of 514l. 15s. 11d. was made in this castle r.

A. D. 1250, a gate of the same castle was repaired at the expence of 36l. 0s. 8d. s.

In the year 1266, Robert de Lisle, having taken part with the re­bellious barons, who had made the King their prisoner, was by them appointed governor of Newcastle upon Tyne t.

[Page 149]A. D. 1268, the reparations of the castle of Newcastle upon Tyne cost 14l. 16s. 6d. u.

In the year 1250, the King's tower in the castle of Newcastle cost, in repairing, 67l. 5s. v.

There is said to be a roll, of the date of 1278, remaining in the Tower of London, wherein is preserved an account of the different lands and tenements in the county of Northumberland, which were at that time charged with the repairs and support of some edifices within this castle w.

December 26th, 1292, John Baliol, King of Scotland, did homage for the crown of that kingdom to Edward I. King of England, in the great-hall of his palace, within the castle of Newcastle upon Tyne x.

There is a writ, dated 1297, by which the King commanded the sheriff of Northumberland to store the castle of Newcastle upon Tyne [Page 150] with victuals, and other necessaries, and to cause it to be safely guarded y.

A. D. 1299, Alan de Molton occurs as porter of this castle z.

In the year 1305, Thomas de Lucy occurs as holding the manor of Langley, in Northumberland, of the King in chief, by the service of one knight's see, an annual rent of 8s. 6d. for cornage to the castle of Newcastle upon Tyne, and by doing county suit and service there a.

May 3d, 1315, King Edward II. appointed William Ridell, Knt. sheriff of Northumberland, and committed to him the castle of New­castle upon Tyne, to account in the King's Exchequer as former she­riffs and keepers had done, for what related to the office of sheriff and to the custody of this castle b.

By an inquisition taken at Newcastle upon Tyne, September 13th, 1317, it appeared that Adam de Valentia, Earl of Pembroke, held, at the day of his death, the manor of Mitford in Northumberland, of the King in capite, by the service of a barony, and payment of 31s. 4d. for cornage to the castle of Newcastle upon Tyne c.

In the year 1323, one quarter of the body of Andrew de Hartela, who had suffered death for treason, was ordered to be stuck up on the tower of this castle d, which appears about this time to have been put into a posture of defence e.

[Page 151]A. D. 1336, there was an inquisition taken at Newcastle upon Tyne concerning the reparation of this castle, whereby it was found, that at the battle of Bannockburn, in the year 1313, when John de Kenton, Knt. was sheriff of Northumberland, the fortress, and all the edifices about it, were in good repair—that afterwards Nicholas Scot, Adam de Swinburn, William Riddell, John de Fenwick, Cuthbert de Bo­roughdon, John de Fenwick, John de Wodhorne, John de Lilleburne, William de Tyndale, Roger Mauduit, and Robert Darreins were sheriffs of Northumberland—during which time it was affirmed that the great tower, and also the lesser ones of the said castle, the great hall, with the King's chamber adjoining thereto; together with divers other chambers below in Queen's mantle, and the buttry-cellar and pantry: the King's chapel f within the castle; a certain house beyond the gate which is called the Checker-House, with the bridges within and without the gate, and one postern, were 300l. worse than be­fore: they say also, that there were in the custody of Roger Mauduit, late sheriff, four hundred and twenty fothers of lead. They say also, that it was thought highly necessary, that the Baron Heron, of Had­deston, the Baron of Walton, Lord Robert de Clifford, of the New-Place, [Page 152] Chief Lord of the Barony of Gaugie, the Lords of the Barony of — and Devilston; that the Lord of Werk upon Tweed, the Lord of the Barony of Bolbeck, alias Bywell, the Baron of Bothall, and, lastly, the Baron of Delaval, should build each of them a house within the liberties of the castle, for the defence thereof. The house of the Baron of Werk was built over the Postern g.

In the year 1340 John de Biker occurs as holding the manor of Biker, containing a carucate of land, an hundred acres of wood, and 17s. 7d. ob. annual rent, of the King in chief, by the service, among others, of payment to the King, by the hand of the sheriff for the time being, 10l. yearly, for castleward, to the castle of Newcastle upon Tyne h.

A. D. 1341, Lord John Nevil, of Hornby, occurs as captain of this castle; when Earl Murray appears to have been confined in it as a prisoner i.

In the years 1342 and 1343 k, William de Felton appears to have been sheriff of the county of Northumberland, and governor of this castle l.

A. D. 1346, Robert Lord Bertram occurs as sheriff and governor of this castle m.

December 27th, 1351, the King appointed William de Watford keeper of the gate of this castle, with the same salary that Nicholas de Ufton, deceased, had, and his predecessors in that office n.

[Page 153]A mandate occurs from the King to John de Coupeland, sheriff of Northumberland, to keep the person of David Brus safely and se­curely in this castle, unless Henry de Percy, and Ralph de Nevill, should agree at Berwick upon Tweed to deliver him up for certain hostages of Scotland o.

A. D. 1357, Castle-Moor and Castle-Field, anciently annexed to the castle of Newcastle upon Tyne, were granted by the crown, and made parcel of the corporation of that town p.

In the year 1360, Richard de Cramlington, brother and heir of John de Cramlington, occurs as paying for his lands in the village of Cramlington (amongst other things), three shillings and four-pence for ward to the castle of Newcastle q.

A. D. 1361, the King granted the custody of the gaol, and of the gate of the castle of Newcastle upon Tyne, to Thomas Rote, for the term of his life, and with such fees as his predecessors in those offices, William de Watford and William Fox, had been accustomed to re­ceive r.

May 20th, 1362, a mandate occurs from the King to Henry del Strother, late sheriff of Northumberland, to deliver up John Gray and Thomas de Hay, hostages of Scotland, to Roger de Wyderington, then sheriff of Northumberland, by whom they are directed to be kept safe in the King's castle at Newcastle upon Tyne.

A similar mandate occurs, dated June 20th, 1363, to the above Roger de Wyderington, to deliver up Thomas del Hay to Richard de Horsley, then sheriff of Northumberland, to be safely kept in the castle of Newcastle upon Tyne s.

Among the petitions in parliament, A. D. 1377, there occurs one [Page 154] for the reparation (among other northern castles) of that of Newcastle upon Tyne, and for the placing of a proper constable to reside in the same t.

In the year 1384, Henry Percy, Earl of Northumberland, had the sherissalty of that county, and the custody of Newcastle upon Tyne, committed to his trust u.

A. D. 1390, Sir Ralph Eure, Knt. occurs as sheriff of Northum­berland, and governor of the castle of Newcastle upon Tyne v.

In the year 1399, King Henry IV. granted a charter to separate the town of Newcastle upon Tyne from the county of Northumberland, and make it a distinct county of itself: it is observable, that there is no express mention of any exception of this castle, or the limits thereof, called Castle-Yard, in the above charter w.

An extraordinary grant, and which was afterwards most ungrate­fully [Page 155] repaid x, of the wardenship of the north marches, together with the castles, towns, lordships, customs, and fee-farms of Carlisle and Newcastle upon Tyne, &c. &c. to be held of the King by knight's service, was made by King Edward the Fourth, in his 20th year, to Richard, Duke of Gloucester, and confirmed by the parliament at Westminster, in the year 1482 y.

September 21st, 1485, King Henry VII. granted, by letters patent, to William Case, Esq. during life, the office of constable of the castle of Newcastle upon Tyne, with the accustomed wages and fees z.

February 15th, 1494, the office of constable of this castle, then vacant by the death of Sir Robert Multon, Knt. was granted, by let­ters patent of the same, to Roger Fenwick, Esq. with the wages and [Page 156] fees of 20l. per annum, out of the revenues of the county of North­umberland, with other emoluments a.

By a clause in a charter of the 31st of Queen Elizabeth, to the cor­poration of Newcastle upon Tyne, the supposed private act of parlia­ment, whereby this castle and its precinct had been restored b to the county of Northumberland, after the charter of the 1st of Henry IV. had constituted the town of Newcastle a county of itself, was in a great degree invalidated, and the same power given to the magistrates of Newcastle in this place, the dungeon only excepted, as in all others under their peculiar jurisdiction c.

[Page 157]From the year 1605 to 1616, this castle, no longer a fortified place, was farmed, for I know not what purpose, by the incorporated com­pany of taylors of Newcastle upon Tyne, at the annual rent of one pound sterling—part of the keep, however, still continued to be used as a prison d.

King James I. by letters patent, dated April 14th, 1618, granted, and let to farm, at the rent of forty shillings per annum, for the term of fifty years, to Alexander Stevenson, Esq. one of the pages of his bedchamber, "all that his old castle of the town of Newcastle upon Tyne and the scyte and herbage of the said castle as well within the walls of the same as without, with the rights, members, privileges, &c. thereto belonging." The county prison for Northumberland, with the [Page 158] Moot-Hall e, and other conveniences for keeping the assizes and sessions for the use of the county of Northumberland, were excepted in this grant, at the time of the date of which the castle-ward rent amounted to 32l. per annum f.

August 18th, 1620, an inquisition was taken concerning the bounds [Page 159] of this castle, and the lands thereto belonging, and there was an in­formation thereupon in the exchequer chamber g.

In the year 1643, Sir John Marley, Knt. then mayor of Newcastle upon Tyne, covered the keep of this castle with planks h, and placed cannon thereupon for defence of the town against the Scots: he retired to it, with some others, after the enemy had taken Newcastle by storm, October 19th, 1644, and held it out against them for eight days with great gallantry i.

[Page 160]An information occurs in the House of Commons' Journals, Nov. 17th, 1646, concerning the moat of this castle, and the wall thereof, which appears to have fallen and destroyed many houses k.

There is remaining in the Augmentation-Office the original of "A survey of the farme of the old castle of the towne of Newcastle upon Tyne with all the rights members and appurtenances therof lyeing and being in the countie of Northumberland late parcell of the possessions of Charles Stuarte late King of England made and taken by us whose names are hereunto subscribed 29 October 1649 by virtue of a commission grounded upon an Act of the Commons assembled in Parliament for the sale of the honors mannors and landes heretofore belonging to the late Kinge Queene and Prince under the hands of seaven of the trustees in the said acte named and appointed."

The description and boundary are as follows: "All that the old cas­tle being a stronge and greate tower of free stone situate in the midst of the Castle-Garth in the county of Northumberland and bounded with stronge workes of stone and mudde is now garrisoned by the parlia­ment's forces and used by them as a magazeene of ammunicion for the garrison of Newcastle and therefor we have not surveyed nor valued the same.

"Which sayd old castle with the seyte thereof togeather with all the appurtenances thereunto belonging are butted and bounded by a channell [Page 161] whiche beginnes and leades from the north side of the fore part of a house and shopp now in the occupacion of Alexander Veache of New­castle by the wall from the north-west of the Black-Gate and soe the channell leadeth south-weste from the sayd house and shopp by the wall within whiche is a peece of waste grounde over agaynst Bayly-Gate. It boundreth all alonge within the channell without an outward wall to the west. This wall leades south south-west the corner wherof is butted by a dwelling-house now inhabited by Cuthbert Maxwell bordring on the west side of the sayd corner from thence southe alonge the channell through the grate of the Longe-Stayres and soe along the channell to another grate below adjoining to a corner of an old stone-wall whiche pointeth directe weste and is parte of the house of Michael Moore And soe the wall leades south through the sayd house a small distance to Mr. James Claverynges garden and soe leades along east on the south side of a tenement now in the possession of Robert Peacock and south of the inner-wall of the Castle-Garth directly by an old ruined wall south on Mr. Bowes his garden to the boundring stone on the common passage called the Castle-Staires under whiche boundring stone there is a grate and a channell or water passage that falls thro' the same and boundreth south on the inner-wall of the Castle-Garth east from the sayd boundring stone and on the south of Mr. William Cal­verleyes garden alonge the outward-wall to the ende of a stone and bricke-house in the same garden belongyng to the sayd Mr. William Calverley and in possession of Mr. Marke Milbankes. From thence it boundreth by a corner of the old wall and leades directly northe and on the east side of the inner-wall of the Castle-Garthe and on the east side of the Moote-Hall and east of divers gardens and wast grounds be­longing to the old castle and now in the possession of divers persons of Newcastle whose houses bounder on the east of the sayd gardens All whiche houses are in the towne and countie of Newcastle viz. from the garden now in the possession of Mrs. Joane Carre 16 yards in length east and west and 7 yards in bredth unto Mrs. Alice Ile her gardens 9 yards square which lyeth the northermost part of all the gardens and wast grounds and adjoins to the inner-wall of the Castle-Garthe to the [Page 162] west and to the backside of hir now dwellinge house on the easte and so boundring north-west of Thomas Huntley and Mr. Robert Hunt­ley's gardens without and adjoininge to the north-west side and corner of a square old ruined tower near the draw-bridge of the Castle-Garth, leadinge northe and without the Black-Gate of the sayd Castle-Garthe and soe alonge by an olde wall which leades north-west to the backside of the said Alexander Veache his house and shopp to the north therof and unto the channell of the streete west from the forepart of the house and shopp aforesayd and doe contayne by estimacion five acres and a halfe more or lesse and all wayes passages, lights, easments, waters, wa­ter-courses commodities advantages and appurtenances to the aforsayd old castle and scyte therof or any parte or parcell therof in any wise belonging or apperteyning per annum.

Summa totalis 116l. 15s. 6d. l.

  • Signed Robe. Stafford
  • Rob. Boittours
  • William Peglors
  • Benja. Jones

Examin. per Willielmum West

Supervisor' General 1649.

By order of the committee for removing of obstructions dated 25 March 1650 Resolved that auditor Phillipp Darrell hath the right of preemption in and to the castle of Newcastle upon Tyne with ap­purtenances.

Will. Webb 1650."
l

The Aubone MS. dates this survey as having been taken in January, 1649, and adds that the castle, and certain lands and houses pretended to be thereto belonging, were thereby valued at 2,000l. 3s. 4d. and returned to the trustees for sale of the King's lands. But upon solemn debate, the right of the corporation of Newcastle was allowed to their ancient possessions, which did not belong, as was pretended, to this castle.—In consequence of which determination, an order was sent down, April 25th, 1650, for annulling and va­cating the said survey.—See Bourne's account—and afterwards "Castle-Field and the Firth."

The county gaoler's house is described in the above survey:—"All that cottage or tene­ment of stone and dawbing scituate on the south side of the Castle-Garth within the inner wall and adjoining thereunto conteyning one lowe roome with a chamber and a shedd where a smith now keepes a shopp now in the tenure or occupacion of Bartholomew Herle gaoler of the prison for Northumberland and is now worth per annum (if it might be let) 50s. and for the same is payd to the crowne yearly by the sheriffe of Northumber­land 5s. But by what graunte the sheriff holds it wee cannot be informed And there­fore wee conceiving it to bee a place of publique office and depending upon the Moote-Hall doe only incerte the ancient rent being 5 shillinges."

In the above survey are also comprised "Two small tenements scituate betwixt the Black-Gate and the draw-bridge of the Castle-Garth."

"Item—one other wast ground lying west and north of the old castle without the workes or moate thereof over against Bayli-Gate and Back-Rowe containing by estimation 140 poales worth per annum 6s. 8d."

[Page 163]A. D. 1652, the corporation of Newcastle upon Tyne purchased of Mrs. Jane Langston, relict of John Langston, groom porter, for the sum of 300l. her right and title to this castle, and the precincts thereof m.

About the year 1662, the King was petitioned to grant this castle and its precincts, the lease whereof to Stevenson was within a few years of expiring, for the use of the town of Newcastle upon Tyne.

Upon this a dispute arose, whether a grant thereof were not more proper for the county of Northumberland than for the town, because it was alleged, though the said castle and garth stand in Newcastle, yet they belong to the county of Northumberland.

Lord Ogle, on behalf of that county, having had a conference with those who appeared for Newcastle, was convinced that it was more proper for the town of Newcastle to have them, on being assured that the gaol, &c. should still continue for the service of the county as heretofore.

In the interim of this dispute, Lord Gerard prevented the corpo­ration of Newcastle, and obtained a grant under the seal of the ex­chequer, dated August 13th (or 30th) 1664, for 99 years in rever­sion, [Page 164] determinable on three lives, at the annual rent of forty shil­lings n.

In the year 1668, we find the mayor, aldermen, and burgesses of Newcastle, petitioning the King to revoke Lord Gerard's grant, as it was only under the exchequer seal, was at an under value, and had been obtained by surprise. The matter was referred to the lords commissioners of the treasury, but they could obtain no redress for the present o.

The matter of annexing the Castle-Garth to Newcastle, and dismem­bering it from the county, having been referred by the lords commis­sioners of the treasury to the attorney-general, it was by him reported, that he conceived it might be more fit for the government of the inha­bitants of Castle-Garth, if that place was put within the limits and jurisdiction of the town of Newcastle, which might be done by the King's letters patent, with a proviso that the assizes and sessions be kept there for the county, as formerly: whereupon, after great consi­deration had of the matter by the right honourable the lord high trea­surer, a grant passed the great seal, by way of indenture, between his majesty, on the one part, and the mayor and burgesses of Newcastle, on the other part, dated June 17th, 1685, for the term of 31 years, and at the annual [...]ent of one hundred chaldrons of coals, London measure p, to be delivered in the pool of London. The King's rents in the said castle, of the yearly value of 32l. were excepted in this grant; as also, "All that great hall called the Moot-Hall within the walls of the said castle where his majestyes justices heretofore used to hold the assizes, sessions and gaol-delivery and now do yearly from [Page 165] time to time use to sitt for the handeling and ordering matters and businesses concerning the service of the Kinge's majesty and the state and good government of the said county of Northumberland and also all other houses and buildings and other fitt and usuall places as well within the said castle as without where his majestye's people and sub­jects of his highnesses said county of Northumberland use to come reside and be att the assizes sessions and gaol-delivery and other such like causes and matters whereto they shall be called for the better dis­patch and performance of their several services and offices and dutyes in that behalf due unto the King's majesty, his heirs and successors according to the custom of the place aforesaid and the lawes of his ma­jestyes kingdom. And also except all those lower places within the said castle now used for the common prison and gaol by the sheriff of the said county of Northumberland for the time being."—The grant is "of all that his said majestye's old castle of the town of Newcastle upon Tyne and the seite and herbage of the said castle as well within the walls of the same as without with the rights members and appur­tenances of what nature or kind soever scituate lying and being or to the said premises in any wise belonging or appertaining in the county of Northumberland or in the county of the town of Newcastle upon Tyne or either of them—And all those his majestye's lands, closes of meadow or pasture called or known by the name or names of the Castle-Fields and the Fryth with their and every of their appurte­nances lying and being in the county of Northumberland or the said county of the town of Newcastle upon Tyne aforesaid or either of them r."

[Page 166]In Trinity Term, 1690, the Earl of Macclesfield caused a scire facias to issue out to revoke the letters patent, pretending that the King had not power to take the Castle-Garth out of the county of Northumber­land, and annex it to the town of Newcastle: the corporation of that town retained Mr. Thomas Pingrey, a clerk in the petty Bag, to appear to the above, and give notice to them the defendants when to plead: but he neglecting to give such notice, judgment was afterwards signed on the said writ by default.

On a petition of the corporation of Newcastle to the lords com­missioners of the great seal, dated December 6th, 1690, to set aside the judgment obtained by default, their lordships after a hearing, December 19th, 1690, declared that it should be set aside, and that the defendants (the corporation of Newcastle), by the 13th January, 1691, should plead in chief to the above scire facias.

Proceedings at law between the contending parties appear to have been continued till July 18th, 5th of William and Mary, when, Mac­clesfield, plaintiff, against the mayor and burgesses of Newcastle, de­fendants, the lord keeper ordered that an injunction should be awarded for stay of the defendants' proceedings against the said plaintiff and his tenants s. And also to quiet them in such their several pos­sessions of the premises in question, as they had at the time of filing the bill, and for three years before, until the defendants should appear and answer the same plaintiff's bill, and the further order of the court to the contrary, unless cause should be shewn to the contrary, at the next ge­neral [Page 167] seal, Mr. Solicitor Rawlingson praying a day till then to be heard therein.

July 24th, 5th William and Mary—No cause being then shewn to the contrary, it was therefore upon the motion of Mr. Hollis, being of the plaintiff's council made at the rising of the court, ordered that the said former order be made absolute t.

October 2d, 1704, the mantle-wall in the Castle-Garth is mentioned as either having fallen down, or as being in such a state as rendered it necessary it should be immediately repaired u.

September 23d, 1734, the mayor and burgesses of Newcastle pe­titioned the King for a farther term of the Castle-Garth, their former grant thereof from King James II. having expired v.

October 27th, 1735, Colonel George Liddell petitioned his Majesty on the same subject, but with more success, for July 2d, 1736 w, on the payment of a fine of 150l. the King granted the Castle and Castle-Garth for the term of 50 years to George Liddell, Esq. on condition of his paying annually to the Royal Hospital of Chelsea, an hundred chal­drons [Page 168] of good Newcastle coals, and of keeping all the buildings, as well those excepted in the lease as granted, in good repair.

March 26th, 1739, George Liddel, Esq. occurs as demanding a sum of money of the corporation of Newcastle, for dilapidations in this Castle-Garth x, the great gate whereof had fallen down on the 13th of the preceding January y.—Dec. 2d, 1740, they agreed to pay him 250l. on the above account.

In the year 1741, the rental for Castle-Garth amounted to 224l. 7s. 6d. z —Nov. 19th, 1777, the Castle and Castle-Garth were demised from the crown to Henry Lord Ravensworth, for the term of 40 years and an half—from the 13th of July, 1786, at the same rents, under the same description, and with the like exceptions and covenants as in the above grant to Colonel Liddell, dated July 2d, 1736 a.

May 19th, 1779, the above leasehold estate of the Castle-Garth, af­ter having been advertised to be sold by auction on that day by Mess. Christie and Ansell, in Pall Mall, London, was purchased by John Chrichloe Turner, Esq. one of the agents for the Greenwich Hospital estates in the northern counties of England b.

[Page 169]Among several rents and revenues arising to this castle, Bourne men­tions the subsequent as payable from the twelve following baronies:

1. The barony of the Herons c, which contained Haddeston, Chir­ton, Little-Benton, Coldwell, Swinburne and Flatford, paid for castle­ward d,13s. for cornage e, 5s. 10d.

[Page 170]2. The barony of Dilstone, containing Devilstone or Dilston, Cor­brigg, Togeston, &c. paid for castle-ward, 13s. 4d.—for cornage, 10s.

3. The barony of Walton, given by King John to Robert son of Roger, and confirmed by his charter, contained Walton, Ripplingdon, Newham, Denton, Newbigging, Kenton, Gosford and Fawden: and also Oggle, Burndon, Horton with Sticklaw and Hereford and Wod­rington, paid for castle-ward, 2l. for cornage, 10l.

4. The barony of Bolbeck, containing Stifford, Brumhall, Slavely, Shotton, Heddon of the Wall, Hedwin East, Thornton, Whitchester, Haughton, Benwell, Elswick, Angerton, Hertbourne, Middleton, Morel, Burneton, Beril, Fenwick, Matifin, East Hawkwell, Shalow, Middleton South, Cambhow, Hertweigh, Hawick, Kirkherle, Rocheley, Newton Grange, and the moiety of Bywell, paid for castle-ward, 3l. 6s. 8d. for cornage, 1l. 12s.

5. The barony of Bolam, containing Bolam, Litedon, Burneton, Thornbury, Cupum Parvam, Wittington, Hayden, Belsow, Brade­ford, Denum, Trewick and Tunstall, paid for castle-ward, 2l. for cornage, 8s.

6. The barony of Gaugye, containing Ellingham, Cramlington, Heaton, Hartelaw, Jesemuth and Whitley, paid for castle-ward, 2l. for cornage, 7s. 2d.

7. The barony of Marley, alias Morlaw, alias Morpeth, containing Morpeth, Grimnest membrum suum, Newham, Hebscot, Shillington, Tuysell, Saltwick, Dudden East, Dudden West, Clyfton, Caldwell, Stannington, Shotten, Blakeden, Wetteslade North, Wetteslade South, Killingworth, Benton and Walker, paid for castle-ward, 2l. 13s. 4d. for cornage, 7s. 8d.

8. The barony of Bothall, containing Bothall cum membris suis, viz. Whetworth, Newmore, Oldmore, Peggesworth, Hebborne, Fen­rother, Tricklington, Fresdon, Longhirst cum membris suis, et Nishen­den, Veter' Morae or the Old Moor, and Eringdon, paid for castle-ward, 2l. for cornage, 8s. 8d.

[Page 171]9. The barony of Delaval, containing Blackalladay, Seton cum membris suis, Neusum et Dissington, paid for castle-ward, 2l. 6s. 8d. for cornage, 3s. 3d.

10. The barony of Rosse, containing Werk, Mindram, Karham, Prestfen, Manilawe, Dunum, Palwister, Shotton, Killom, Holthall, Newton and the other Newton, Langeton, Lilleburn, Hilderton, We­perden, Russenden, Tithington, Butlisden, and the moiety of Glat­tendon.

11. The barony of Bywell f, containing Newbigging, Woodhorn, Lynmouth, Hyrste, Hallywell, Lynton, Ellington, cum Cresswell and Ayden membris suis, Bychefield, Inghym, Black Heddon, Samford­ham, Newton West, Newton East, Scheellinge, Ovington, Ovingham, Milkylleye, Whitlye, Falderlye, Bromley, Appleby, the moiety of By­well, Stokefield, Swynburne East, Swynburne West, Ryhill.

12. The barony de Copun paid 13s. 4d.

Thus far the baronies—But besides these rents, there were houses, yards, and gardens, &c. which paid to it g.

The liberties and privileges of the castle extend northwards to the river of Tweed, and southward to the river of Tees h."

[Page 172]The subsequent observations on the present remains of this once famous and important fortress were made July 9th, 1778.

The Keep, or Great Tower, measured 28 yards and a quarter in height: it appears anciently to have been somewhat higher, and had, no doubt, a kernelled battlement.

The ichnography of this keep would describe nearly a square, the lines of two sides of which bear to the north-west. That front how­ever, which, properly speaking, ought to be called the south-west front, is generally styled the south one. The others are named the west, north, and east sides, with the same little impropriety.

The grand entrance, originally, no doubt, the only one, is at a great height from the ground i. Two portals, as it were, must be passed before we can arrive at it k.—From the first of these, which is on the south, and in a great wall l, which, at a few yards distance, has in­closed [Page 173] the whole keep, we mount by eleven steps to the second one, which is of prodigious strength, and from the top of it the be­sieged appear to have had great power to annoy the assailants.

From this second portal to the grand entrance are eighteen steps, part leading from south to north, and part from east to west. No grooves for portcullises m are discoverable in either of the portals, but so much appears to have been demolished that one cannot from thence infer that there have never been any.

The grand entrance which is towards the east, has had its arch adorned in a superb manner, with zig-zag, and other Saxon or semi-Saxon ornaments.

The wall here measured four yards and a quarter in thickness n.

Near this grand entrance, and in front as you ascend to it from south to north, is a door-way leading into a little apartment, which has been richly adorned on the inside.—It stands over a crypt or vault of consi­derable height, on two great arches that intersect each other, of beauti­ful [Page 174] Gothic masonry.—This had a distinct roof, and the whole forms a projection eastward at the north-east angle, against the east end of which a modern house has been built. From the garret of this house there is at present an entrance into it through an arched passage, where there must have been anciently a window. At present it is a currier's shop. From the richness of its interior ornaments I suspected it to have been the chapel, to which supposition its direction from east to west is not unfavourable. It must however have been but a very small one. Bourne supposes the chapel to have been within the walls of this keep, on the ground floor, in a place which at present composes a part of Mr. Fife's very curious and extensive cellar.

The great entrance seems to have led immediately into the state apartments o, which have been lighted from the east, by the most mag­nificent window in the whole great tower. Near this, and in the body of the wall, is an apartment with a curious draw-well in it—at sixteen yards depth p we reached the water. The depth in all is thirty-one yards and a quarter. The water is hard and very cold. There are square cavities in the wall on each side of this well, in which are round holes for pipes, used anciently to convey the water to the several apart­ments. It measures eleven yards to the ground from the window of the apartment that contains the well.

There is no way at present to the top of this keep, where one is sur­prised [Page 175] to find a little artificial garden, producing apple-trees, rose-bushes, &c. except by one great winding stair-case, about two yards wide, in the north-east angle. There is another stair-case q in the south-east angle, but it is now built up at the top. It has come down to the ground floor, at which place also the communication is now closed up.

By the rows of square holes in which the beams have rested, there must have been five stories of apartments, of which the great hall and state rooms were the lowest, from the present flagged floor to the top of this tower.

There is a gallery of communication in the center or thickness of the wall, and on all four sides of it, about five yards and a halfr from the top. This passage is about two yards and a half high, and has three or four loup holes on each side, all widening gradually inwards.

Below this in the south front is a gallery in the center of the wall, about fifteen yards and three quarters from the ground, in which there have been two large ornamented windows—nearly on a level with which on the north front is another window of the like sort.

Two great windows have let in light to the great hall s of this keep; that in the south front, near the south-west angle, having had the pillar or division in it broken away, has now the appearance of a door-way. A door hardly half its size is at present hung in it. The other window is very observable: it is on the west side near the south-west angle.

The kitchen of this great tower has been in the north wall: it con­tains a much larger fire-place than any other of the apartments. The chimney appears on the outside of the wall by a square projection, [Page 176] ending abruptly, and yet I know not with any degree of certainty whether ever it has been carried up any higher: one of its windows has been enlarged with great labour, to give more light to a joiner's shop, into which it has been converted.

The north-west angle of this tower is of an hexagonal form t, and projects in a manner different from any of the others u. In the wall of the western front have been several necessary-houses, communicat­ing with the great drains.

All the apartments of the ground-floor, and the county-prison itself, except when used at the assizes, have been converted into cellars: a pur­pose for which their great coolness renders them very fit.—There is a place here, into which if water be poured in the largest quantities, it im­mediately disappears.—It probably communicates with one of the large drains.

In the center of the present county prison is a remarkable pillar, from which arches branch out very beautifully on all sides. This co­lumn is hollow, and a pipe has v conducted water down through it from the well before-mentioned. There is a very observable window w in [Page 177] this place, with an arch turned in the inside to repel missile weapons, &c. See an account of many similar ones in King's ingenious ac­count of ancient castles, ut supra.

Great alterations must have been made in the appearance of the low parts of the south front, when the temporary prison of the county was made in this keep. The present entrance, to which we descend by four or five steps, must have been first made on that occasion, for there is no arch over it in the wall. Another similar kind of entrance on the eastern side of the south-east angle, which is now built up, with a swine-stye before it, is also, without doubt, of a date much posterior to that of the original building.—

If there has been a dungeon in this keep, as there probably was, I mean that dreary kind of mansion, to which the only entrance was by a square hole in the top, it must have been filled up, as no traces thereof can be discovered at present.

NEWGATE-STREET.

NEWGATE-STREET has plainly had its name from the New-Gate which bounds it on the north.

Bourne mentions a tenement on the east side of this street, given by Mrs. Alice Belaysis to University-College in Oxford x.

The same writer tells us that a tradition remained in his time, that [Page 178] there had been anciently several markets between New-Gate and the White-Cross y.

An ancient street, called Darne-Crook, runs westward to the town-wall, at the bottom of St. Andrew's church-yard. In this, says Bourne, were some wastes and houses that belonged to the nuns of St. Bartholomew.

Almost contiguous to New-Gate stands St. Andrew's church.

ST. ANDREW'S CHURCH.

THIS building appears to have retained more of its original masonry than the other churches, and, from the style of its architecture, has been generally thought to be the oldest in the town z.

Mention of it occurs, A. D. 1218, in the time of King Henry III a.

Bourne is of opinion that it was founded by the townsmen and reli­gious houses.

[Page 179]A. D. 1280, the justices itinerant appear to have held their courts in this church b.

The oldest writing that I have seen belonging to this church is dated 1281 c.

John, Bishop of Durham, granted an indulgence of forty days to those who should contribute any thing to the reparation of St. Andrew's Church, in Newcastle, and to the chapel of the Holy Trinity in the same, &c. dated at Gateshead, July 19th, 1387 d.

Oswald, Bishop of Galloway, granted an indulgence of forty days to such persons as should say their prayers devoutly at this church. It is dated in the year 1392 e.

[Page 180]This church received so much damage during the siege of Newcastle, A. D. 1644, that no service was performed therein for a year after­wards f.

A. D. 1652, this church was repaired by an assessment upon the houses and lands in the parish g.

In the year 1678, the parishioners of St. Andrew's petitioned the common-council of Newcastle to assist them in repairing this church h.

A. D. 1707, the floor of this church appears first to have been co­vered with flag stones i.

In the year 1708, the corporation of Newcastle gave 10l. towards the reparation of this church: a cess of 6d. per pound on all the lands and tenements in the parish having been found insufficient for that purpose k.

CHANTRIES IN ST. ANDREW'S.

THERE were three chantries here in the times of popery—one [Page 181] dedicated to St. Mary, another to the Holy Trinity, and a third to St. Thomas.

St. Mary's chantry is supposed to have been founded in the reign of King Edward the First, as mention of it occurs in a charter dated in the latter part of his reign.

It was of the yearly value of 6l. 12s. 10d. l.

Sir John Sadler was priest thereof at the suppression m.

The church-wardens of St. Andrew's appear to have been patrons of this chantry n.

The following account of it occurs in a certificate of colleges and chantries in Northumberland and Durham, 37 Hen. VIII. remaining in the Augmentation-Office:

"The chauntrie of oure Ladie in the parishe church of Saynt An­drewe in the towne of Newcastel upon Tyne was founded by reporte to fynd a prieste for ever for the mayntenaunce of God's service and to pray for all Christen sowlis and the saide prieste to have the revenues of the same for hys servyce which is so continued hitherto and ther is no dede of foundacion to be shewed—Yerely value 4l. 13s.—Accordyng to this survey 6l. 12s. 10d. as apereth by a rentall wherof is to be de­ducted [Page 182] 17s. 8d. for decay of certen rents charged in the summe afor­said, for rents resolut. 2s. 6d. for one obytt, 3s. and for the tenthes 9s. 5d. paid to the Kinges majestie as apereth in the said rentall, 32s. 7d. and remayneth clerly 100s. 3d. whiche ar employed to the sustentacion and relief of John Sadler, prieste, incumbent ther as hathe ben accus­tomyd hertofore.—Ornaments &c. 20s. 2d. as apereth by a perticuler inventory of the same.—Ther wer no other landes &c."

The second chantry was dedicated to the Holy Trinity, and is thought to have been founded by Sir Adam de Athol o, knight, sheriff of Northumberland, 1383.

The yearly value thereof was 4l. 2s. 10d.—Thomas Westhe was the last incumbent, and had a pension of 2l. 1s. 5d. per annum p.

The following account of this chantry occurs in the certificate above­cited, of the 37 Hen. VIII. remaining in the Augmentation-Of­fice:

"The chauntrie of the Trinitie in the parishe churche of Saynt An­drewe in the towne of Newcastel upon Tyne was founded by reporte to fynde a prieste for ever for the mayntenance of Godd's service and to pray for all Christen fowles which is so continued hitherto but ther [Page 183] is no dede of foundacion to be shewed.—Yerely value 64s. 2d.—Ac­cording to this survey 4l. 2s. 10d. as apereth by a rentall wherof is paid out for rents resolut' 18s. and for the tenthes 6s. 5d. paid to the Kinges majestie, 24s. 5d. and remayneth clerely 58s. 5d. which ben employed to the sustentacion and relief of Davy Sympson prieste incum­bent there.—Ornaments &c. 8s. 10d. as apereth by a perticler inven­tory of the same.—Ther wer no other landes &c q."

The third chantry in this church was dedicated to St. Thomas r. No mention occurs of it in the certificate above-cited, of the 37 Hen. VIII. in the Augmentation-Office.

THE ALTAR.

A RENT-CHARGE of five shillings per annum to the sustentacion or support of the altar of the church of St. Andrew, occurs about A. D. 1251, issuing out of certain lands near the street leading to Pilgrim-Street s.

The altar here (as was the whole church at the same time) was beau­tified [Page 184] in the year 1781. A new service of silver-plate was subscribed for, and procured, with a beautiful altar-cloth, on the occasion.

THE STEEPLE.

THIS steeple has probably had the name and arms of Robert Rodes in the center, under the belfry, as in the other churches of the town t.

It appears to have been battered down by the cannon of the Scots army, during the memorable siege of the town in 1644 u.

It contains six bells, of a soft melodious sound.

PARISH REGISTER.

THE register of this church begins about 1597. Some few leaves of a prior date appear to have been lost.—Bourne, very unjustly, complains that this register has been badly kept v.

From January, 1688, to January, 1708, there were baptized, at this church, 1531 children—married 348—buried 1671.

From January, 1729, to January, 1749, there were baptized here 1866—married 516—and buried 2224.

[Page 185]From January, 1759, to January, 1779, there were baptized here 1751—married 731—buried 1931 w.

CHARITY-SCHOOL.

THIS was founded by Sir William Blackett, Bart. x and the first boy entered the school in January 1708.—It was for thirty boys.— The last Sir William Blackett, the son of the founder, about the year 1719, made an additional endowment for the purpose of clothing them y.

ORGAN.

AN organ, purchased by a voluntary subscription of the parishioners, was erected in this church, A. D. 1783. An order of the common-council was made in 1776, to establish a salary of 20l. per annum, for the organist of the organ intended to be set up in this church z.

In 1783, the parishioners of St. Andrew's parish purchased a piece of waste ground, lying on the west side of the church-yard, to enlarge [Page 186] their burial ground. This was consecrated by the Bishop of Clonfort, in the month of September, 1786.

LEGACIES LEFT TO THE POOR OF ST. ANDREW'S.

IN the year 1592, Christopher Chaitor, of Butterbye near Dur­ham, by his last will, gave to the poor of Newcastle upon Tyne, in the parish of St. Andrew's, where he was born, fortie shillings a.

Left by Mr. William Carr, 1l. 2s. as a legacy to the church b.

To be distributed amongst poor householders.

Left by Henry Hilton, Esq. 4l. per annum c.

Mr. Robert Anderson, 5l. d

Dr. Aldworth's land in Akewell-Gate, in Gateshead, 1l. e

Left by Sir Alexander Davison, to be paid out of the town-chamber, upon Lady-Day, March 25th, 2l. f

Left by Mr. Thomas Davison, to be paid yearly, in December, out of the merchants' company, besides another legacy out of three tene­ments, 3s. each.—In all, 1l. 9s. g

Left by Mr. Timothy Davison, to be paid yearly, in December, at Christmas, for 15 poor freemen, or widows, not merchants, out of the merchants' company, 1l. h

Paid out of the town of Newcastle, at two payments, Michaelmas and Lady-Day, 4l.i

Left by Sir Mark Milbank, 3l. per annum k.

"Sir William Blackett, Bart. alderman, and sometimes mayor, also [Page 187] a burgess for this towne departed this life May 16th 1680. By his last will did bequeath to the poor of the parish of St. Andrew's forty shillings yearly for everl"—(out of a house at the Bridge-End.)

"Sir William Blackett, Baronet, alderman, twice mayor and also burgesse for this towne departed this life the 2d of December 1705. He in his life time gave an out-rent of 13s. 4d. to this church of St. Andrew's and also a close of three pounds a year and by his last will gave one thousand pounds to purchase an estate for the use of this pa­rish for ever m."

Madam Margaret Allgood gave 100l. the interest to be given to the poor of this parish, on Christmas day, yearly, for ever n.

Richard Gibson, who died January 22d, 1718, gave 30l. the in­terest to be divided on Christmas day, yearly, for ever o.

Dame Jane Clavering, by her will, dated Dec. 11th, 1734, gave 50l. the interest to be yearly distributed by the church-wardens p.

George Mallabar, Esq. who died August 20th, 1734, gave 50l. the interest to be yearly divided, on Christmas day, for ever q.

Mrs. Isabel Wrightson, who died March 13th, 1716, gave 50l. the interest to be paid yearly for the poor of St. Andrew'sr.

John Rumney, Esq. who died February 3d, 1694, gave 260l. a fifth part of the interest of which to be given to the poor of this parish s.

Mr. William Harrison, who died July 10th, 1721, gave 50l. the interest whereof to be yearly distributed, on St. Andrew's day, for ever t.

[Page 188]John Scafe Slayter left 20l. the interest to be given to the poor of St. Andrew'su.

OUT-RENTS BELONGING TO ST. ANDREW'S. (Communicated by the present collector, 1782.)
 £.s.d.
"Lease—Mr. Wilson, for houses in Sid-Gate7150
Lease—Mr. Hedley, the houses in the Church-Yard1140
Mr. Pott's house, above the hospital, Gallow-Gate026
Mr. Davis, for his house in Pilgrim-Street020
Mr. Peters, ditto020
Mr. Dodd, the tan-yard, left side of Darn-Crook050
Mr. Yeilder, right side ditto034
Lease—Mr. Coulson, the Thatch-House, ditto0410
Mr. Westgarth's shop, at the Church-Gate006
Mrs. Young, ale-house next the church0130
Mr. Mason, for houses in the High-Friar-Chare060
Mrs. Strickett, for ditto034
Mr. Younger, for ditto030
Mr. Robinson, for his house in the Great-Market0134
Mr. Donkin, for an house, head of Dog-Bank080
Lease—Mr. Gunn, for a coach-house above Mr. Darnell's034
Mr. Hedley, Saville-Row020
Mr. Moseley's house026
Mr. Charleton, for Dr. Hall's house020
Mr. Lowes, for a house in the Oat-Market, above the Unicorn049
Mr. Armstrong, for the same049.
Common-council books, September 24th, 1764.

MONUMENTAL INSCRIPTIONS IN ST. ANDREW'S CHURCH AND CHURCH-YARD.

TRINITY Chapel. Sir Adam de Athol, and his wife Mary, un­der a very large stone, which has originally been plated very curiously with brass. The remains of their effigies are still to be seen.—He is pictured at length in armour, having a sword on his left side, and a dagger on his right.—Her effigy hath nothing remaining of it but from the shoulders upwards.—The arms of both their families are still to be seen on the tomb-stone.

What remains of the inscription is this: "Hic jacent Dominus Ada­marus de Atholl miles & Domina Maria uxor ejus quae obiit quarto decimo die mensis ..... anno Domini millesimo tricentesimo...... Animarum propitietur."—The remaining part of the date is broken off: Grey, however, in his account of this stone, tells us, it was in the year 1387, which is very probably the time that his wife died; for it is a mistake that he died then, as appears by the indulgence above­mentioned.—Bourne.

There was, very lately, on this stone, inlaid with brass, a shield with arms, as quartered at this day by the Dukes of Athol.

Joshua Twizell, June 23d, 1718.

Thomas Winship, tanner, September 2d, 1695.

Christopher Rutter, baker and brewer, March 17th, 1714.

Mrs. Elizabeth Davison, mother of Mr. Thomas Davison, January 20th, 1724, aged 84 years.

Nicholas Fenwick, merchant, 14th December, 1725.

Mr. John Dawson, taylor.

Mrs. Barbara Davison, January 8th, 1730.

In the chancel near the altar.

James Ogle, of Causey-Park, Esq. upon whose tomb-stone, which is of marble, is the following inscription: "Hic jacet Jacobus Ogle de Causey-Park in comitatu Northumb' armiger, antiquitate domus utpote ex prenobili baronia Ogle de Ogle stirpe recta linea oriundus, vere [Page 190] clarus. sed invicta in perduelles, grassantibus nuperis civilibus bellis, animi magnitudine, constantia in regem etiam in tristissimo authoritatis deliquio. Fidelitate, in superiores observantia, in pace comitate, in in­seriores benignitate, quae omnia justissimo titulo sua vocare poterat, multo illustrior. Obiit Dec. 4o. die annoque Domini 1664."

Thomas Harrison, barber surgeon, who died Feb. 24th, 1679.

Thomas Bednel, 14th July, 1701.

Christopher Barker, Oct. 26th, 1718.

Robert Tod, October 5th, 1730.

Within the rails of the communion lie interred the bodies of Cuthbert Lambert, M. D. and of Cuthbert his son—as yet without any inscription.

—Tanner—Rutter—Romaine—Younger—Mills—Drum [...]nd.

William Reed, 1683—David Cooper, 1748—Christopher Barker, 1705.—Thomas Beadnell, 1715.—Thomas Harrison, 1675.

North-Isle.

Robert Mills, house-carpenter.

South-Isle.

Dorothy Harrison, May 27th, 1702.

West-End.

William Milburn, 1772—R. Bates, Esq.—Richard Ward of Wall­cott in Norfolk, Esq.—Joseph Richmond, 1763—Henry Cowell, 1761.

Church-Yard.

On a table monument opposite the porch door: ‘"H. R. I. P. Car. Avison denati 9 Maii, 1770. ao aetatis 60. Cath. uxor denati 14 Octob. 1766. —53. Simul cum filia Jana conjugi moestissimo Roberto Page immaturè erepta 14 Julii, 1773, annos nata, 28." [Page 191] On an adjoining table monument, ibid. "In memory Of Edward Avison and Margaret his wife, who were eminent for piety and primitive simplicity of manners: Having each borne a lingering disease, with the most exemplary patience and resignation; They rejoiced at the approach of death, and expired with hopes full of immortality. He died in October, 1776, aged 29. She in November, 1777, aged 33."’

On an upright head-stone in St. Andrew's church-yard: ‘"Here lieth the body of Jane Murray, the Daughter of George Murray and Margaret, his wife, who died 29th September, 1765, aged 22 years. Also of Margaret Murray, his wife, who died March 19th, 1772, aged 57. Also the above George Murray, who did 30th January, 1779, aged 68. Also James Murray, son of the above George and Margaret Murray, who died 19th April, 1779, aged 39."’

January 12th, 1376, Thomas, Bishop of Durham, granted leave to the parishioners of St. Andrew's to build in their church-yard, saving the episcopal rights and those of the parish-church of St. Nicholas in Newcastle upon Tyne.—Register Hatfeld, p. 119. Randall's MSS.

CURATES, LECTURERS AND ASSISTANT-CURATES OF ST. ANDREW'S.

THE vicar of Newcastle pays to the minister or lecturer of this church, as curate, 3l. per annum—The corporation of Newcastle pays him as lecturer, 100l. per annum, and the King pays him 5l. 2s. 6d. aliter 5l. 5s. 5d. per annum.—Randall's MSS.

[Page 192]William Hydewyn occurs as parish-priest here, A. D. 1378 w.

William Hunter occurs 1424 x.

Bartram Cowghram, February 1st, 1578 y.

Thomas Maislete occurs as curate, January 23d, 1580. Also July [...]th, 1586 z.

Robert Askewe occurs A. D. 1589 a.

Robert Bonner, A. B. licensed Dec. 17th, 1636. See afterwards 1669 b.

Francis Gray about 1622, buried January 14th, 1641 c.

In 1641, Mr. Ander occurs as minister of this church d.

March 7th, 1641, John Clark, A. M. and free burgess of Newcastle upon Tyne, was on the petition and recommendation of the parishion­ers, appointed by the common-council to succeed Mr. Gray, with a salary of 40l. per annum e. He was sequestered and plundered— Buried April 5th, 1667, at St. Nicholas.

April 5th, 1647, there is an order of common-council, to six Mr. [Page 193] Stephen Dockray at St. Andrew's, where he had been for some time upon trial—salary 80l. per annum. June 20th, 1660, he was established there by the same authority, to preach forenoon and afternoon—salary 80l. per annum.—He was buried August 11th, 1660, at St. Andrew's f.

In September 1660, Dr Wishart was appointed in the place of Mr. Dockray by the common-council, by a letter from the King—salary 80l. per annum. He was removed from thence to St. Nicholas.

August 27th, 1662, John Clark, A. M. was reinstated at St. An­drew's—salary 80l. "to begin since Mr. Dockray's decease."

Henry Ashburnham occurs, A. D. 1668 g.

John Weld A. B. curate, occurs September 19th, 1669 h; when A. M. confirmed by the common-council at St. Andrew's to preach and read prayers both forenoon and afternoon, and do all other duty at St. An­drew's—salary 40l. per annum; raised January 18th, 1674, to 60l. per annum, and 10l. for lecturing at St. Nicholas. He was buried October 19th, 1677.

October 29th, 1677, Mr. Robert Roddam, son of the mayor of New­castle, was appointed by the common-council, on the death of Weld i.

April 7th, 1684, Daniel Potenger, minister, was appointed by the common-council, in the place of Mr. Robert Roddam, who had re­signed—salary, in all, 100l. k.

Dec. 2d, 1687, Mr. John Leigh was appointed by the common-council on the resignation of Potenger—salary, in all, 100l. l.

August 27th, 1688, Mr. Charles Maddison in the place of J. Leigh m.

October 8th, 1688, Mr. William Drake, and Mr. Andrew Bates, were [Page 194] presented to the parish for their probation, in case Mr. C. Maddison should refuse to officiate n.

July 25th, 1689, Mr. William Richards was appointed by the com­mon-council to this church—salary, in all, 100l.—Mr. William Drake ordered 20l. for having officiated at the same time o. He was buried in the chancel of St. Andrew's, 22d August, 1705.

March 7th, 1693, Mr. Peter Strachan, curate—removed to All Saints p.

July 3d, 1695, Mr. William Aynslay, curate q.

July 30th, 1696, Mr. Charles Stoddart, curate r.

August 6th, 1702, Mr. Richard Musgrave, curate s.

April 18th, 1704, Mr. John Perkin, curate t.

September 25th, 1705, Thomas Shadforth, M. A. minister—salary, in all, 100l.—He died September 11th, 1724, and was buried at Brans­peth, com. Dunelm', where he had before been curate u.

A. D. 1705, Mr. George Pie, curate v.

February, 1706, Mr. Thomas Pie, curate w.

February, 20th, 1707, Mr. John Potts, curate, removed to St. John's x.

May, 1707, Mr. George Lyon, curate, removed to Earsdon y.

1714, Mr. John Mitcalfe, curate z.

1718, Mr. William Hall, curate, removed to All Saints a.

1772, Mr. James Farin, curate b.

1722, Mr. William Simcoe, curate c.

1724, Mr. William Wilkinson, curate, removed to St. Nicholas, 1739 d.

[Page 195]John Ellison, A. M. of University College, Oxford, was appointed minister of this church, on the death of T. Shadforth—licensed Sept. 16th, 1725. He was the eldest son of Dr. Nathanael Ellison, vicar of Newcastle. September 29th, 1766, he resigned in favour of his son Nathanael Ellison, A. M e.

Richard Brewster, A. B. of St. John's College, Cambridge, curate, li­censed Sept. 12, 1741, in the place of W. Wilkinson f.

Anthony Munton, A. M. curate, head-usher of the grammar-school. He died January 9th, 1755, and was buried at St. John's g.

George Stephenson, clerk, curate, on the death of A. Munton—re­moved to All Saints h.

John Ellison, clerk, curate, 1756, removed to the second curacy at St. Nicholas i.

John Askew, A. B. curate, December 1756. George Stephenson, clerk, appears to have officiated as deputy to J. Askew, for several years k.

John Scott, curate, March 1763. Buried at St. Andrew's, December 2d, 1764.

Bryan Leeke, A. M. curate, 1765, occurs here, Bishop's visitation, August 6th, 1766. Removed afterwards to the living of St. John-Ley near Hexham.

September 29th, 1766, Nathanael Ellison, A. M. formerly of Lin­coln-College, afterwards fellow of Merton-College, Oxford, one of the White-Hall preachers, was appointed lecturer of St. Andrew's, on the resignation of his father l.

[Page 196]June, 1773, John Brand, A. B. of Lincoln-College, Oxford,—cu­rate—removed hither from the curacy of Bolam in Northumberland— presented to the perpetual curacy of Cramlington, October 6th, 1774; when A. M. removed, in 1784, to the rectory of St. Mary at Hill and St. Andrew Hubbard, London. In 1786, appointed one of the domestic chaplains to the Duke of Northumberland.

Thomas Ellison, A. B. on the resignation of J. Brand.

Mr. Hague on the removal of T. Ellison.

ST. JAMES' CHAPEL IN THE PARISH OF ST. ANDREW'S.

BOURNE supposes this chapel, on the north side of the Barrows Bridge, to have been a chapel of ease to St. Andrew's, for the out parts of the parish n.

It seems rather to have belonged to the lazar house that once stood near it, and was an appendage to St. Magdalen's Hospital o.

The western end of this chapel has been converted into a cow-house: in the east end is at present a dwelling-house, the fire-place of which stands on the site of the communion table. Old arches built up with brick are still observable, and the eastern window may be traced [Page 197] out from the stairs of an adjoining house. The whole building is called at present "The Sick-Man's House."

ST. MARY'S CHAPEL AT JESMONT IN THIS PARISH p.

THE founder of this free chapel at Jesmont, dedicated to St. Mary, is unknown.

June 12th 1351, Thomas Hatfield, Bishop of Durham, instituted Sir William de Heighington chaplain to the free chapel of Jesmuth, within the parish of Newcastle, on the presentation of Sir Alexander de Hilton and Matilda his wife, patrons q.

A. D. 1379, one Staynley died seized of the presentation of the chapel of Jesmond r.

It appears that, A. D. 1399, Bertram Mumboucher held the advow­son of this chapel s.

[Page 198]A. D. 1426, William Harbottle died seized of the advowson of this chapel t.

A Mr. Lumley appears to have been chaplain at Jesmond, before A. D. 1483 u.

In the year 1483, King Richard the Third presented Dr. Roby to this chapel, vacant by the death of Mr. Lumley v.

March 4th, 1549, King Edward the Sixth granted to the mayor and burgesses of Newcastle upon Tyne the free chapel of the blessed Mary at Jesmont, in the parish of St. Andrew in Newcastle upon Tyne, with all its walls, stones, timber and lead, together with an annual rent of 3s. 4d. out of lands at Old Heaton, and whatever else belonged to the said free chapel w.

Opposite Darne-Crook x is a little running water which goes into Lork-Burn.

[Page 199]See the account of Ficket-Tower Ward—The debtors not confined to close prison in Newgate have liberty to walk as far as this runner, which at present is arched over, and is generally known by the name of Execution-Dock y.

A little way beyond this, towards White-Cross, stood a row of houses, nearly in the middle of the street, called the Hucksters Booths —they were pulled down several years ago, having been repeatedly complained of as a nuisance to the street z.

I find mention of the White Cross, A. D. 1410 a.

Newgate-Street, from the Scotch Inn b (a place where anciently the kings, nobility, &c. of Scotland lodged in time of truce or league with [Page 200] England, the arch of the great gate-way of which remained till Octo­ber 1783), takes the name of Bigg-Market and Oat-Market c.

NUNNERY OF NEWCASTLE UPON TYNE.

A LITTLE above the Scotch Inn, on the opposite side of the street, there still remains part of the arch of the great entrance to the Nunnery of St. Bartholomew.

The account of this, evidently the oldest of the monastic buildings here, of which any vestiges are now to be found, cannot be impro­perly prefaced with a short history of the first introduction of Christi­anity into this part of the island.

Bede, the father of our church history, who was born in this north­ern extremity of England, fixes this great event to A. D. 627 d.

The place now called Newcastle upon Tyne he mentions, 26 years afterwards, as the scene of occurrences instrumental, in no common degree, to the general propagation of our religion throughout the whole island, by the name of "Ad Murum e" (i. e. At Wall), as the re­sidence of the then Christian King of Northumberland, and where two other royal converts became such by the initiatory rite of baptism.

A. D. 653, Peada f, son of Penda, King of Mercia, being here on [Page 201] a visit at the court of Oswy, King of Northumberland, to demand his daughter Alchfleda in marriage, could on no other conditions obtain her father's consent but by being baptized himself, and promising that all his subjects should become Christians. Struck with the excellence of the doctrines of this new faith, which were warmly recommended to him on the occasion by his friend Alchfrid, the natural son of Oswy, who had married Cyniburga his sister, he declared himself a convert by conviction; and having been baptized, together with his retinue, by Finan, Bishop of Lindisfarn, obtained a bride, with whom he may be said to have received a truly royal dower, and who would, doubtless, encourage him in the promulgation of the Christian faith, throughout his extensive dominions. There accompanied him on this mission of conversion from the court of the Northumberland King, four priests, Cedda, Adda (brother of Uttanus, abbot of Gateshead), Betti and Dinmi, to teach and baptize his Mercian subjects, on their return home.

About g the same time the zealous Oswy, as well by argument as friendly persuasion, recovered to the faith of Christ, Sigebert, King of the East Angles, who had apostatized after a former conversion, and who, after having been baptized, together with his attendants, by the bishop aforesaid, was accompanied home by two priests, whom Oswy, at his own request, deputed to preach the gospel to the East Saxonsh.

[Page 202]As no account of any building appropriated to baptism, or any other rite of Christian worship, which in that age appear to have been of the rudest and most simple architecture, is given in the relation of the above very important events, we may suppose the ceremony to have been performed in the river Tyne, if some temporary structure, inclosing a baptistery, had not previously been provided, as had before been done at York, where King Aidun was baptized, on Easter-Day, A. D. 627, in a church of wood, which he himself had hastily erected for the occasion.

To the ancient name of our town, "Ad Murum," succeeded the ap­pellation of Monk-Chester: it is uncertain at what period this new title took place, which has generally been interpreted "The fortified resi­dence of persons of the monastic order,i" who may have crowded into it for reasons impossible to be known at this very distant period of time.

On the introduction of monastic orders, with whom not only the reliques of saints, but also the scenes of events of great consequence to religion, were held in the highest estimation, it seems no very impro­bable conjecture that a place consecrated to the warm imaginations of these well-meaning zealots, by circumstances so remarkable as have been just related, should be accounted sacred in more than a common degree: if we farther unite the idea of personal safety expected in what had been so recently a Roman fortification, and so often wanted in the times of the Danish invasions, with that of sanctity affixed to it by something not unlike superstition, it seems natural to suppose that those ancient devotees would prefer it on both accounts. However this may have been, we are certain, from the clearest testimony of historians, that monks, in more than ordinary numbers, resided at it, and learn farther that neither the idea of local sanctity with which we have pre­sumed its then inhabitants to have been impressed, nor the military [Page 203] works left in it by former owners, could preserve it from destruction in the predatory incursions of foreign or neighbouring barbarians k.

The monasteries of Monk-Chester having fallen, almost with every memorial of them, in the common destruction of sacred edifices, by the infidel Danes, the ruins of that place seem to have been unnoticed till about the middle of the eleventh century, when they were visited on motives of religious zeal, similar to those by which we have supposed the Town had before been rendered famous, but when scarce any vestiges of the habitations or religious houses of its former monastic orders could be found. Aldwinel, monk and prior of the monastery of Winchelsea, having gathered from ancient monuments, which he ap­pears to have studied both from motives of christian piety and literary curiosity, that Northumberland had been particularly distinguished for its sacred edifices, formed a resolution of visiting their remains. He was accompanied in what was then a perilous journey by Elfwius and Rein­fridus, two monks of Evesham. The holy travellers performed it on foot, in all the plainness of pristine simplicity, leading a little ass car­rying some books and sacred vestments necessary for the performance of divine service. This happened A. D. 1073. On their arrival at Northumberland their residence was for some time at Monk-Chester: but finding there no vestige of the former monastic orders, and having been invited by Walcher, then Bishop of Durham, to place themselves under the jurisdiction of the church, rather than accept an habitation under the power of secular persons, they removed from thence a little way down the river to Jarrow, which before that time had been a famous monastery, and, though then in ruins also, was fitted up a [Page 204] second time for the reception of these devout strangers. Thus was a revival given to monkery in this part of the island, after it had been extinguished and unknown here for about two hundred years, that is, from the time when the Danes had destroyed the conventsm.

Mention occurs of a small Benedictine nunnery at Newcastle upon Tyne, A. D. 1086n. Hither Agas, the mother of Margaret, Queen of Scotland, and Christian, her sister, after King Malcolm was killed at Alnwick, retired and took the sacred veil.

If we may credit a manuscript in the Bodleian libraryo at Oxford, this nunnery owed its origin to an ancient baron of the name of Hilton. This family was of distinction in the north in times of the most re­mote antiquity. It has lately become extinct, and experienced at last the fate of all human greatness.

Speed, on I know not what authority, ascribes to King Henry the First the foundation of the Hospital of St. Bartholomew the Apostle, for nuns, at Newcastle upon Tynep.

[Page 205]David q, King of Scotland, who resided at this town soon after A. D. 1135, is reported, by some historians, to have been the founder of this nunneryr. It appears by a charter of King John, that the Scot­tish King endowed it with some lands.

King Henry I. may have done the same, and for one common reason both these royal benefactors may have been reputed the original founders.

Some time before A. D. 1149, William de St. Barbarat, Bishop of [Page 206] Durham, with the prior and convent there, granted Stellingley (now called Stella), to God and St. Bartholomew, and the nuns of New­castle.

King Henry II. granted a general charter of confirmation to this nunneryu.

Between A. D. 1153 and 1194, Hugh Pudsey, Bishop of Durham, confirmed the former grant of Stellinglei to the nuns of this house; giving them by the same, in pure and perpetual alms, "Twille," in exchange for Olworthev.

[Page 207]There remains, in the Augmentation-Office, a very ancient original grant, by one of the prioresses of this house, of six acres of arable land, in Haliwell, to Roger of Backworth, on the annual payment of five shillings to the light of St. Mary w.

In the same invaluable repository is preserved an original very an­cient grant of Robert de Dyveltune, of four shillings of rent, in Mil­burn, to God and St. Mary, and St. Bartholomew, and the nuns of this house, in pure and perpetual alms x.

[Page 208]About A. D. 1190, Sir Roger Bertram, for his health, and for the souls of his father and mother, and all his ancestors, gave to the nuns here two acres and a half of his pasture in Merdesfen—an acre and half next the road, with a toft in the town of Merdesfen, in free, pure, and perpetual alms.—Also pasture for their oxen, during the half year they drew in carts y.

Between A. D. 1195 and 1208, Philip de Poictou, Bishop of Dur­ham, confirmed the grant made of Stellinglei, by his predecessors, William and Hugh, to the nuns of this housez.

[Page 209]About the time of King John, who began his reign A. D. 1199, Mermaduke de Tueng, and Margaret his wife, bequeathed a house and some land at Hartlepool, in the county of Durham, for the sin­gular purpose of purchasing smocks for the nuns of this priorya.

Before A. D. 1223, Germanus, prior, and the convent of Tinmouth granted a charter to the nuns here, to receive eight quarters of wheat, yearly, from the granary of Tinmouth b.

About A. D. 1230, Sir Robert de Neuham, for the health of his soul, and that of the souls of his wife and ancestors, and successors, [Page 210] granted and confirmed to the house of St. Bartholomew, and the nuns therein, all the grants and sales which William his father had made to them, or conferred upon themc.

A. D. 1233, there was a release of a messuage in fee, from Peter, son of Hawys de Pert, and Matilda and Wincey, his sisters, to the nuns of Newcastle, after a writ of right had been brought for it against John Miller, and Emma his wife d.

The same year Christian, prioress of this house, demised twenty acres of land, in the village of Halliwell, with two tofts and houses therein standing, to Gilbert Claviger of that place, for twenty years, at the an­nual rent of 12s. 6d.e.

Milisand Godefray, by his will, bequeathed his body to be buried in the church-yard of the church of St. Bartholomew, in Newcastle upon Tyne, and to the nuns there a booth, situated between the booth of the West-Spital, and the street towards the Ghylde-Hall in the said town f.

[Page 211]Some time between 1249 and 1260, Walter de Kirkham, Bishop of Durham, granted a confirmation of Stellinglei to the nuns of this house g.

In a very old deed, preserved in the Augmentation-Office, witnessed, among others, by "Stephano Capellano de Thinem'," Roger de Hal­liwell granted six acres of arable land to God and St. Bartholomew, of Newcastle, to procure a light at the altar of St. Mary, "ad procuran­dum luminare ad altare Sancte Marie."

Some time in the reign of Henry III. Sir Roger de Merley con­firmed to the nuns of this house, an annual and perpetual rent of four quarters of London wheat, given them by John Deaconson h, and [Page 212] Isouda his wife, in frankalmoigne, out of land in Great-Benton, which they possessed by gift of the said Sir Roger.

On the vigil of St. Michael, 1257, Roger de Whytcester, for the health of his soul, and those of his father, mother, brother Nicholas, and sister Mabil, and his ancestors and descendants, gave and con­firmed to the nuns here, to the support of a certain chaplain perform­ing divine service in their conventual church, at Newcastle, for the souls aforesaid, and especially for his own after his death, and all faithful souls, five bovates of lands, with their appurtenances, in Du­nington, with tofts and crofts belonging to the same i.

This was confirmed 1268, by Dame Johan de Rihil, heiress of the above Sir Roger de Whytcester k.

[Page 213]About 1286, Hugh, son of Nicholas Brun, occurs, as letting to farm to John Elgi, all his land in the Market-Street of Newcastle, on condition of paying to him and his heirs, yearly, 7s. 6d. and to the nuns of Newcastle upon Tyne, 18d. at the stated terms l.

A. D. 1291, mention occurs of the nuns of this house, and those of Nesham, as enjoying a pension of 13l. 6s. 8d. from the church of Wesington m, to each 10 marks.

This appears to have been given them by Richard, Bishop of Dur­ham n, confirmed by Thomas, the prior o, and convent there, and by a bull of Pope Gregory p.

[Page 214]It appears from a MS. remaining in the Exchequer, that in the year 1292, the yearly revenue of this nunnery was 17l. 10s. 7d. q.

A. D. 1293, mention occurs of several rolls of the pleas in the county of Northumberland, at the assizes there, concerning this nun­nery r.

In the year 1299, Henry Droys, with Philip and Reginald his bro­thers, appears to have fled for felony, and taken sanctuary in the church of this house s.

[Page 215]A. D. 1320, Philippa de Wolteby, prioress, and the convent of this house, confirmed to Robert de Halliwelle, clerk, and Alicia his wife, 14 acres of arable land, in Halywell, at the yearly rent of six shillings sterling for ever t.

August 1st, 1322, the sisters of this nunnery received 6s. 8d. for their pittance of one day, of the King's alms, and September 14th following, on the King's arrival at Newcastle, for the same, 6s. 8d. by the hand of the King's almoner u.

[Page 216]A. D. 1331, Sibilla Gategang, prioress of this house, granted and confirmed to John de Wedirhall, and his heirs and assigns for ever, a booth in the Market-Place of Newcastle upon Tyne, at the annual rent of six shillings v.

May 9th, 1355, Thomas Hatfield, Bishop of Durham, confirmed to the nuns of this house their election of Alice Davill, to be their pri­oress.—The former election of this prioress, having been irregular, had been set aside, but being a person much approved of by the convent, the Bishop, by special favour, permitted her to preside over them w.

In the week of Pentecost, 1360, Dame Isabelle Russell, prioress of this house, and the convent of the same, granted to Richard de Kirke­by, tailor, that for arrears of rent due to them from a burgage in the city of Durham, for the first year ensuing, he should pay them one shilling, and four shillings for each of the nine following years x.

[Page 217]Tuesday after the feast of St. Gregory, 1363, Amisia, prioress, and the convent of nuns of Newcastle upon Tyne, released to Thomas de Loksyde part of rent due to them from a burgage at that time lying waste in the city of Durham, from which they had an annual rent of eight shillings, and which the said Thomas de Loksyde held in see y.

January 3d, 1365, a commission was granted by Thomas Hatfield, Bishop of Durham, to Alan de Shutlyng and William de Farnham, to visit this nunnery, in order to punish and reform such excesses and crimes as they should discover the nuns to be guilty of, in the course of their visitation z.

[Page 218]A. D. 1366, the same bishop, pitying the miserable estate of this house both as to spirituals and temporals, and dreading the immediate ruin thereof, unless some speedy remedy should be applied, committed it to the care a of Hugh de Arnecliffe, priest, in the church of St. Nicholas in Newcastle upon Tyne, strictly enjoining the prioress and nuns to be obedient to him in every particular, and trusting to his [Page 219] prudence to find relief for those whom he calls "The poor servants of Christ" here, in their poverty and distress.

May 10th, 1367, a second commission was granted by the same bishop to the said Hugh de Arnecliffe to proceed against Amisia de Bel­ford (who is charged with having intruded into this priory) in a cause moved against her concerning intrusion, dilapidation, incontinence, and other crimes. It does not appear that she was convicted of the several crimes laid to her charge—but by an order of the above bishop, dated at Aucland, May 21st following, this Amisia, who affirmed that she was prioress, was warned to permit two nuns, Emma del Hill, and Joan de Farneleye, whom she had expelled from this house, to return to it, and was commanded at the same time to treat them in future with becoming affection b.

[Page 220]March 24th, 1377, Thomas Hatfield, Bishop of Durham, granted a licence for one year to Margaret York, a sister of this house, to choose herself a confessor, from whose hands she might receive absolution and salutary penance c.

There was a monition dated the 2d of the nones of November, A. D. 1377 d, from the same Bishop of Durham to the prioress and nuns of [Page 221] this house in behalf of Idoma de Staunford their sister, who after hav­ing been some time absent, though on just and reasonable cause and in good company, had, against the express request of the bishop, been refused admittance at the said nunnery on her return: This monition threatened them with the sentence of the greater excommunication if they persisted to exact punishment for such absence, or continued ob­stinate in their refusal to reinstate her.

[Page 222]A commission was granted at the same time to the bishop's suffragan, he himself being absent in London, to proceed against the said prioress and house e.

November 4th, 1379, Raymund, master-general of the friars preachers, granted to the prioress and nuns of this house, a special par­ticipation of all the masses, sermons, preachings, vigils, fastings, &c. &c. &c. of his order f.

September 21st, 1403, mention occurs of Katherine prioress of this house g.

October 7th, 1448, Robert Nevill, Bishop of Durham appropriated the chapel of St. Edmund in Gateshead to the nuns of this house, on their representing to him in a petition their misfortunes by fire, the [Page 223] non-payment of their pensions, &c. so that without speedy relief their ruin would shortly ensue. The conditions of the above union were to the following effect: the nuns to find two chaplains for the hospital, and repair the chapel and other edifices thereof—the bishop reserving to himself and successors, from this nunnery, an annual pension of 6s. 8d. as also another of 3s. 4d. per annum, to the prior and chapter of Durham. For the payment of which last, a bond occurs, signed by the above nuns in their chapter-house, October 20th, 1448 h.

May 1st, 1449, William Hilderskelfe, master of St. Edmund's Hos­pital in Gateshead, granted the same hospital, with all the possessions thereof, to Margaret Hawkswell, prioress, and the convent of this house, on condition of their finding for ever a chaplain to perform di­vine service at that hospital: as also another sit priest to celebrate di­vine service in the church of St. Bartholomew, either at the death or upon the promotion of the said William to any benefice of the clear value of ten pounds per annum; and also of their paying yearly to the said William the sum of ten marks i.

Robert Nevill, Bishop of Durham, confirmed the above donation made to this priory, in frankalmoigne, by his deed, dated October 7th, 1449 k.

Pope Pius, by his bull, dated at Rome, November 16th, 1458 l, [Page 224] after reciting the above-mentioned episcopal confirmation, strengthened it with the sanction of the papal authority, threatening, as usual, those [Page 225] that should rashly infringe it, with the indignation of Almighty God, and that of his apostles, St. Peter and St. Paul.

[Page 226]Dame Anne Danby, prioress of this house, with the assent and con­sent of the convent of the same, granted, for six years, from Whit-sunday, 1470, to Robert Schyplaw Smith, a tenement of theirs, bounded by a waste of theirs on the north, and a tenement of theirs on the south, stretching from the Nolt-Market to the Convent-Orchard, at the rent of eight shillings per annum m.

May 1st, 1471, some property in Durham was granted to this Anne, alias Agnes Danby, and the convent of St. Bartholomew, as appears by an original deed of that date, given at Newcastle upon Tyne, and now remaining in the Augmentation-Office.

October 9th, 1471, John Hilton, chaplain, released an annuity of forty shillings, out of the hospital of St. Edmund, in Gateshead, to Agnes Danby, prioress, and the convent of this house; which an­nuity appears to have been granted to him by Margaret Mytford, late prioress of this nunnery of St. Bartholomew n.

[Page 227]August 20th, 1486, Joan Baxter, prioress of this house, granted in fee-farm to Thomas Lokwood, merchant, of Newcastle upon Tyne, a parcel of waste ground, with a croft in Gateshead, at the yearly rent of six shillings and eight-pence o.

September 6th, 1500, Johan, prioress of this house, granted some property belonging to the same, in Hertlepool, to Percival Lamp­ton p.

March 27th, 1501, Richard Dinsforth was admitted into holy orders on the title of priest of the nuns of St. Bartholomew in Newcastle upon Tyne q.

A. D. 1513, the prioress and convent of this house granted to the mayor and corporation of Newcastle upon Tyne, a lease of part of their property, called Nun-Moor, near the said town, for an hundred years, at the annual rent of three shillings and four-pence r.

A. D. 1520, there was an award between this house and William Bennet, Esq. proprietor of the adjoining village of Kenton, concerning the boundaries of Nun-Moor s.

John Brandlyng, of Newcastle, merchant, let to Dame Johan Bax­ter, prioress of this house, and the convent of the same, for 99 years, from Whitsunday, 1521, at the yearly rent of seven shillings, cer­tain [Page 228] ground called the Magdalen-Deen, which had been granted to him by the master of the Magdalen-Hospital of Newcastle upon Tyne t.

About A. D. 1523, or 1524, great differences occur concerning the right of creating an abbess, or prioress, in the nunnery of this house. A prioress, it seems, had been elected to it by the abbot of Newminster, which Wolsey, then Bishop of Durham, as the ordinary, thought an infringement of his power.

Lord Dacre, warden of the marches, had interested himself in fa­vour of the prioress and the claim of the abbot; but numerous prece­dents, found in the bishop's registers, fully established the justice of the episcopal pretensions.

The personal worth of the lady, then not quite thirty years of age, conciliated favour on this occasion, and she was re-instated by a new and proper election; the vicar-general advising her friends to procure a dispensation for her non-age, and promising, in consideration of the poverty of the house, a mitigation of the fees of election and insti­tution u.

On the feast of St. Martin the bishop in winter A. D. 1529, Dame Agnes Lawson, prioress, and the nuns of this house, let to farm [Page 229] to James Lawson, merchant, of Newcastle upon Tyne, a parcel of ground, beside the town of Gateshead, in the bishoprick of Durham, for twenty years, at the yearly rent of thirty-three shillings and four-pence sterling v.

The nunnery of Newcastle upon Tyne was one of those religious houses, which, by letters patent of King Henry VIII. was sounded anew, and preserved from the dissolution of lesser monasteries, March 30th, 1537 w.

It resigned afterwards, and was fully suppressed, January 3d, 1540, and appears to have consisted of a prioress, a prioress that had resigned, probably on account of her age and infirmities, and nine other nuns, at the time of its dissolution x.

[Page 230]It has been supposed that all the hospital lands and revenues of St Edmund's Hospital, in Gateshead, were comprised in Agnes Lawson's surrender in 1540, as above, and that they continued in the hands of the crown from that time till the year 1610, when King James I. by letters patent, refounded the hospital in Gateshead y.

The annual revenue of this house, 26 Hen. VIII. was about 36l. 10s. according to Dugdale, but Speed makes it 37l. 4s. 9d.

Stevens, in his Continuation, vol. ii. p. 25, values it thus: "Summa inde 37l. 4s. 2d.—summa clara 36l. 0s. 10d. z."

[Page 231]The subsequent very curious rental of the possessions of the nuns here is copied from that on parchment, remaining in the Augmen­tation-Office, and inscribed dorso (in the hand writing of Mr. Madox): "Rentale prioratûs Sancti Bartholomei in Novo Castro super Tin'."—It must be of a date between 4 Hen. VII. and the dissolution.—"A rentale of all the landes and tenements belongyng to the pryores and nunnes of the howse of Sancte Bartholomewe.

 £.s.d.
It' the towne of Newcastell for the Nonne-More by the yere134
It' two howses in the hands of Rycherd Stot by yer134
It' a close in the tenyre of Rafe Car by yere100
It' a close in the tenire of Georg' Combe by yer068
It' a howse in the hands of Gylbart Myddylton by yer050
It' a howse in the hands of Robart Morpeth by yer068
It' a hows in the hands of Wyllm. Car by yer050
It' a hows in the hands of Rafe Dun by yer040
It' a hows in the hands of Thomas Baxter by yer016
It' two howses in the hands of John Langton by yer080
It' a hows in the hands of Edward Jakson by yer080
It' a hows in the hands of Wyllm. Nycolson by yer080
It' a hows in the hands of Edward Pendrot by yer084
It' a hows in the hands of Robart Patoson by yer0100
It' the glebe lands in Jesmuth-Feld by yer268
Northumberland.
It' a tenyre in the hands of Roger Eryngton of Denton by yer080
It' a tenyre in the hand of Thomas Duxfeld of Donyngton by yer0134
It' the new Hal at Newam by yer034
Carried over.1092

[Page 232]

Gateshede, in the bushoprick of Durham.
 £.s.d.
Brought forward,1092
It' the hospytall of Sanct Edmund the Bushop and Confessor by yer1200
It' a tenire and a clos in the hands of Henry Anderson by yer068
It' a tenyre in the hands of the prests of Farnacres by yer0134
It' in Whikham a tenire in the hands of Thomas Pendrat & his falo by yer060
It' a tenire in Usworth in the hands of Thomas Harle by yer084
It' a tenire in Kyo in the hands of Robart Marla & Wyllm. Lawes by yer210
It' Ulston by yer6134
It' Stellenglay by yer3134"
 £.36112

The house of this nunnery, after its dissolution, was granted to Wil­liam Barantyne, Kenelme Throgmorton, Gen. and Henry Annetson, by letters patent of King Henry VIII. dated at Hampton-Court, Au­gust 4th, in the 36th year of his reigna.

[Page 233]It became afterwards the property of Lady Gaveere, who sold it to Robert Anderson b: after this it became so great a receptacle of Scots, and others not free burgesses of the town, persons who, during the odium that prevailed at that time against foreigners, were not accounted the most respectable neighbours, that Mr. Anderson thought proper to pull it down, in order to dislodge them. He purchased the garden also, and having filled up the dene c, or hollow, that intersected it, and cleared it of all the rubbish, converted it into a very pleasant field.

Within our own memory it belonged to the late Sir Walter Blackett, Bart. and after his death was sold, A. D. 1783, to Mr. George An­derson d.

The exact site of this nunnery is now unknown e: Bourne, as I [Page 234] think, erroneously supposes, that the passage still called Nun-Gate was not the grand entrance to it. Here very lately remained part of a great arch, that once formed a gateway, very unlike that of a back passage; especially when we consider the general poverty of style in building that prevailed at the time when this was erected.

The popular tradition, of a subterraneous communication with a neighbouring monastery, prevailed here also f: this was said to have been made for purposes that we shall but hint at, and to have ended at the house of Black-Friars. Some large vaulted drain has probably given rise to the charge against our fair and, as it should seem by this account, frail sisterhood, and it has owed its support to the ill-nature of religious party, than which no species of rancour has been found to be more malignant.

Among Fairfax's Views, published in the time of the civil wars, and now extremely rare, there occurs a small one of the then remains of this nunnery, inscribed at bottom, the "Nunns Newcastle g."

Nearly at the end of the Pudding-Chare, the street called Bigg, or Oat-Market, is separated into three divisions; of which that next to West-Gate is called the Meal, or Groat-Market h; that next to Pil­grim-Street, the Flesh-Market; and the street between the two former is properly called the Middle-Street.

Mention occurs of a messuage called "Pold-Hall, in the Mele-Mar­ket-Gate," [Page 235] in a deed, dated Thursday after the feast of St. Michael, 20 Ric. II. and in another dated 12th February, 1414 i.

Bourne tells us, that in the reign of Queen Elizabeth, a house in this street, belonging to one William Penrith, the site of which is now lost, paid an annual rent to the chantry of our Lady, in the parish-church of Long-Benton k.

Horseley, in his Romana Britannia, p. 132, informs us of a house in this street, in the laying of the foundation of which (about fifteen or sixteen years before he wrote), the masons struck upon the Roman wall, at each of the side walls, so that the building stands across it.

Towards the lower end of the Groat-Market is a wide communi­cation with the Middle-Street, where a market is held every Saturday for wool l.

The continuation of this street, beyond the east end of Denton-Chare, was the ancient Iron-Market m, opposite to St. Nicholas' church.

ST. NICHOLAS' CHURCH.

THIS very capacious and superb structure, dedicated to St. Ni­cholas n, is styled, in the earliest accounts of it, "The church of New­castle upon Tyne o:" a circumstance which seems to prove it to be the oldest, as having been at that time the only church of the town.

[Page]

To John sones of Redley Hall in the County of Northumberland Esq. This View of the elegant STEEPLE &c of the CHURCH of ST. NICHOLAS. [...] Newcastle and Tyne [...] South East [...]

[Page 237]Bourne supposes it was built by King Henry I. but on the authority of a book remaining in the vestry of this church in his time, it is said to have been founded in the year 1091, and, as it farther appears, by Osmund, Bishop of Salisbury p.—This Osmund, who was canonized after his death, which happened in 1099, was a Norman by birth, came over with William the Conqueror, was created Earl of Dorset, and afterwards, according to some, made Chancellor of England q.

Between the year 1115, and 1128 r, King Henry I. gave the church of Newcastle s, with that of Newburn and others, held of him [Page 238] by Richard de Aurea Valle, to the church of Carlisle, at that incum­bent's death. By this charter the above Richard, and the clergymen that served the other churches, were ordered to acknowledge of the canons of Carlisle, and to do them such service as had been usually done to himself.

The churches, on the demise of each of their respective incumbents, were to revert to the above canons, and the clerks that served them were to have necessary subsistence out of their several revenues, and the said canons the remainder.

In the year 1193, Hugh Pudsey, Bishop of Durham, confirmed to the prior and convent of Carlisle, all the churches that belonged to them in his diocese. Among the usual yearly pensions to be paid to the incumbents, there occur 26 marks to be paid from this of St. Ni­cholas: on the respective deaths of each of these incumbents, the above prior and convent were to take the churches into their own hands, and severally present vicars to them, paying to the Bishop, an­nually, forty marks, in lieu of aids for the whole t.

[Page 239]January 24th, 1194, the above Hugh Pudsey, Bishop of Durham, with the consent of the prior and convent of Carlisle, who held the vicarage of this church, appointed, for the support of the vicar thereof for the time being, all fruits, annual profits, oblations, and obventions whatsoever belonging thereto, except the great tythes u.

[Page 240]The church of Newcastle occurs, A. D. 1197, as standing indebted sixty shillings to the King, for an aid, set in charge upon several churches and parsons v.

In the year 1216, the church of St. Nicholas is said to have been destroyed by fire w.

Richard de Marisco, who was consecrated Bishop of Durham on the 9th of the kalends of August, 1218, ratified the churches of Newcastle, Newburn, Werkworth, Corbridge, and a moiety of that of Whittingham (no mention occurs of Rothbury on this occasion), to the bishop, prior, and convent of Carlisle, and their successors, for ever x.

[Page 241]Nicholas Farnham y, who resigned the bishoprick of Durham in 1249, or 1250, in consideration of the poverty of the church and see of Carlisle, granted them their several churches in his diocese, to be equally divided amongst them, reserving out of their revenues a com­petence to the respective vicar of each church, and excepting forty marks which had been granted from thence by Silvester, Bishop of Carlisle, during his life; and after his death forty pounds sterling, to be paid by the bishop, prior, and convent of Carlisle, at a certain term for ever, at the exchequer of Durham, out of the possessions of the above churches.

[Page 242]A. D. 1280, the justices itinerant occur, as holding their courts in this church z.

In the year 1290, King Edward I. by his charter of inspeximus con­firmed the charters of Henry I. and Henry II. of the above churches to the Bishop and Canons of Carlisle a.

In a valuation of benefices, &c. in the diocese of Durham, made in the year 1291, the following are the entries concerning this church b:

"The Rector of St. Nicholas at Newcastle upon Tyne,

i. e. the Bishop of Carlisle, together with a pension of 13£.s.d.
marks which he receives of the vicar38134
The portion of the prior of Carlisle38134
The portion of the prior of Tinmouth in the same800
The vicar of the same2050"

In the year 1293, King Edward I. brought an assize before H. de Cressingham and his companions, the itinerant justices at Newcastle upon Tyne, against the Bishop and Prior of Carlisle, for the advowsons of the churches of St. Nicholas of Newcastle upon Tyne, of Roth­bury, Corbridge and Warkworth.

In this trial, where the jury gave a verdict against the King, the [Page 243] bishop and prior pleaded that they held this church of St. Nicholas in common c.

In a valuation of the temporals and spirituals of the clergy of the bishoprick of Durham, A. D. 1318, the portion of the Bishop of Car­lisle in the church of St. Nicholas at Newcastle upon Tyne is men­tioned as being an hundred shillings—the portion of the Prior of Carlisle as a like sum—that of the Prior of Tinmouth in the same forty shillings, and that of the vicar ten pounds sterling d.

[Page 244]September 18th, 1322, a mass was celebrated in St. Nicholas' church in Newcastle upon Tyne, at the interment of the body of Peter le Mareshal, an officer of the King's householde.

John Craggs, of Newcastle upon Tyne, by his will, made on the Tuesday after the Nativity of St. John Baptist, 1349, gave to the high altar of the church of St. Nicholas, for his tythes and oblations not duly paid, 6s.f.

In the year 1359, the church of St. Nicholas in Newcastle upon Tyne is said to have been rebuiltg.

This year also an indulgence of forty days h was granted by twelve fo­reign [Page 245] bishops, and confirmed by Thomas Hatfield, Bishop of Durham, to such persons as should frequent the church of St. Nicholas in New­castle upon Tyne, at several festivals, and upon several occasions therein specified, and should also pray for the soul of Katherine de Camera, and for the health of John de Camera, Gilbert de Dukesfield, and Agnes his wife, while they lived, and after their respective deaths for their souls.

[Page 246]June 6th, 1360, Thomas Hatfield, Bishop of Durham, confirmed by a charter of inspeximus, the ordering of the vicarage of this church, made by Hugh Pudsey, a former bishop of that see i.

Nicholas Coke, of Newcastle upon Tyne, by his will, dated Septem­ber 3d, 1379, gave to the high altar of St. Nicholas' church twenty shillings; also to the fabrick of the window in the choir there twenty shillings, and to chaplains to celebrate for his soul in that church thirty pounds k.

In the ordinary of the company of coopers in Newcastle upon Tyne, dated January 20th, 1426, part of their fines is directed to go to "Sancte Nicholas kyrke warke," which probably means "to the reparation of this edifice l."

Roger Thornton, senior, merchant, by his will, dated Thursday be­fore Christmas day, A. D. 1429, gave to the church of St. Nicholas, to the "reparation and enorments thereof," forty marks m.

August 13th, 1451, a ratification of the truces of Scotland was made in the vestry of St. Nicholas' church in Newcastle upon Tyne n.

King Henry VIII. by his charter, dated May 6th, 1541, granted to the Dean and Chapter of Carlisle, among other things, "a moiety [Page 247] of the rectory of Newcastle upon Tyne," enjoining the payment of "eight pounds to the Bishop of Durham out of the said moiety o."—

July 26th, 1777, the church of St. Nicholas was opened by a ser­mon for the benefit of the infirmary, after having been shut up for se­veral weeks, for the purpose of having it thoroughly cleaned and re­paired.

A. D. 1783, a subscription was opened, which produced a very large sum of money, to defray the expences of a plan for converting this church into a kind of cathedral p, which is now completed with great taste and elegance, but the antiquary must for ever lament the altera­tion, as almost all the ancient funeral monuments have been destroyed.

CHANTRIES IN ST. NICHOLAS' CHURCH.

IT was a fashion in the times of the papal superstition for lords of ma­nors, and other persons of great wealth and importance, to build small chapels q or side iles in their parish churches, designed for burying-places for their families, and which they frequently endowed with lands, &c. for the support of chantry priests to pray daily at altars erect­ed therein for the souls of the founders, and those of their ancestors and posterity. There were nine (if not ten) chantries in this church. [Page 248] One of St. John the Baptist and St. John the Apostle—two of St. Catherine—one of St. Peter and St. Paul—one of St. Thomas—one of St. Mary—one of St. Margaret—one of St. Cuthbert, and one of St. Loy. The total valuation of which amounted to 48l. 4s. 6d. per an­num. A certificate in the Augmentation Office makes a second chan­try of St. Mary in this church.

1. The chantry of St. John the Baptist and St. John the Apostle, which was situated on the north side of the church r, is said to have had for its first founder Laurentius, Prior of Durham, A. D. 1149 s. It was refounded in the year 1333, by Richard de Emeldon t, an eminent ma­gistrate of the town, for three chaplains.

[Page 249]This chantry is said to have been founded a third time by Robert de Rhodes u, and Agnes his wife, and licensed by Henry VI. A. D. 1428 v, for one chaplain, with an annual allowance of 7l. 7s. 10d. with an house for his residence, given by the corporation of Newcastle, out of respect to the memory of this R. de Rhodes, to whom they owed the greatest obligations.

Before the year 1540, George Lighton occurs as chaplain of this chantry, to which he had been presented by James Lawson, mayor, and the gild brethren of Newcastle, its true patrons w.

March 12th, 1540, William Clerke was instituted chaplain of this chantry, on the death of G. Lighton x.

The subsequent account of this chantry is copied from a record re­maining in the Augmentation-Office, containing the answer of the fol­lowing commissioners, i. e. Cuthbert, Bishop of Durham; William, Lord Evers; Thomas, Lord Wharton; Sir Robert Bowes, Knight; Sir Francis Lecke, Knight; Robert Mennell, Esq. Henry Whitereason, Esq. and Humphrey Warren, gentleman, to certain articles of in­quiry, concerning colleges, chantries, &c. in Northumberland and [Page 250] Durham. The King's commission for this purpose is dated at West­minster, February 14th, the 37th of King Henry VIII.

"The chauntrie of Saynt John Baptiste and Saynt John the Evan­geliste in the parishe churche of Saynt Nicholas within the towne of Newcastell upon Tyne was founded by one Robert Roodes and Agnes his wyffe by licence of King Henry the 6th to fynd a preist for ever to say masse dayly and pray for their sowles and all Christen sowles as by the said licence shewed before the said commissioners more largely dothe appere and is so used hitherto by reporte—Yerely value 100s. —value accordyng to this survey 7l. 7s. 10d. as appereth by a rentall of the same wherof is to be deducted for the charge of an yerely obytt 10d. and for the tenthes paid to the Kinge's majestie 10s.— 10s. 10d. and remayneth clerely 6l. 17s. whiche ben employed to the sustentacion and relief of William Clarke, priest, incumbent there ac­cordinge to th'ordynnance of the said foundacion.—The said chauntrie is within the parishe church of Saynt Nicholas aforesaid.—Ornaments, jewells, plate, goodes and catalls 113s. 4d. as doth appere by a per­ticler inventorye of the same.—Ther wer no other lands nor yerelie profits &c. belongyng to the said chantric syns the 14th day of Febru­arie in the 27th yere of the sayd Kinges majesties reigne more than is before mencyoned."

One of the chantries of St. Catharine, said to have been anciently founded by Alan Durhamy, appears to have had a second foundation or augmentation, in the reign of Edward III. by William Johnson and Isabel his wife z. The yearly value of this was 6l. 15s.

aSir Peter Angrym was confirmed in the chaplainship of this chantry [Page 251] August 27th, 1378, on the presentation long before of the mayor, bailiffs, &c. of Newcastle upon Tyne, its true patrons.

bRobert Mitford succeeded the above P. Angrym as chaplain of this chantry.

On an inquisition taken at Newcastle upon Tyne, September 2d, 1557, a house and waste near St. Nicholas' church is said to have be­longed to this chantry, of the annual value of 3s. 4d.c.

[Page 252]The following account of this chantry is copied from the above-cited certificate of colleges, chantries, &c. remaining in the Augmen­tation-Office:

"The chauntrie of Saynt Katheryne in the parishe churche of Saynt Nicholas within the towne of Newcastell upon Tyne was founded by one Willyam Johnson and Isabella his wyffe by a licence obteined of Kynge Edwarde the 3d for thentent to fynde one priest to say masse dayly and to pray for their sowles and all Christen sowles as apereth by a dede of the same foundacion exhibited before the said commission­ers whiche is so usyd hitherto by reporte—Yerelie value 112s. 10d. —value according to this survey 6l. 15s. as aperethe by a rentalle of the same whereof is to be deducted for rentes resolut' 13s. 4d. and for the tenthes 11s. 3d. ob. paide to the Kinges majestie—24s. 7d. ob. and remayneth clerely 110s. 4d. ob. whiche ben employed to the sus­tentacion and relief of Wyllyam Johnson d priest nowe incumbent ther for his service according to the tenour of the said foundacion.—Orna­ments &c. nil.—bycause all the ornaments of this chauntrie doo serve also for the other chauntrie of Saynt Katheryne within the same churche here under written and be charged in the same within the summe of 79s. 2d. as playnly doth appere." &c.

Another chantry of St. Catharine is said to have been founded in this church by Nicholas and John Ellerker, the deed of the foundation of which was embezzled by Richard Wallas, one of its chaplains. The yearly value of this second chantry of St. Catharine was 3l. 14s. 8d. which arose out of certain tenements situated in the Close, Castle-Mote, in the Side and in Sandgate e.

The following account thereof is copied from the above-cited certifi­cate remaining in the Augmentation-Office:

"One other chauntrie of Saynt Katheryn in the parish church (aforesaid) was founded by one Nicholas Ellerker and John Ellerker as it is sayd to fynde a priest to pray dayly for their sowles and all Christen [Page 253] sowles which is so used hitherto by reporte but the dede of the founda­cion was imbecilled away by one Robert Walles late incumbent ther as it is said—Yerely value 73s.—value according to this survey 74s. 8d. as apereth by a rentall of the same whereof is to be deducted for the tenthes paid yerly to the K. majestie 7s. 5d. and remayneth clerely 67s. 3d. which ben employed to the sustentacion and relief of Edwarde Walker clerke nowe incumbent ther for his service according to the foundacion.—Ornaments &c. 79s. 2d. for all maner of ornaments ther apperteynyng as well to the other chauntrie of Saynt Katherine above written as to this chauntrie as apereth by a perticler inventory of the same.—Ther wer no other landes, &c."

4. The chantry of St. Peter and St. Paul is said to have been founded by Adam Fenrother and Alan Hilton, and licensed by King Henry IV. The annual value of this chantry was 4l. 13s. 4d. which arose out of some tenements in the Close, the Side, and Westgate f.

At the dissolution, A. D. 1547, Edward Fyffe was incumbent of this chantry, and had a yearly pension allowed him of 4l. 4s. 6d. which he enjoyed in the year 1553 g.

The following account thereof is copied from the above-cited certifi­cate of colleges, chantries, &c. remaining in the Augmentation-Office.

"The chauntrie of Saynt Peter and Saynt Paule in the parishe church of Saynt Nicholas within the towne of Newcastell upon Tyne was founded by one Adam Fenrother and one Alan Hilton by a licence obteyned of King Henry IV. to thentent to fynde a priest to pray for ther sowles and all Christen sowles for ever as by the dede of founda­cion exhibited before the said commissioners doth apere which is so used hitherto by reporte—Yerely value 4l. 7s. 4d.—yerely valew accord­ing to this survey 4l. 13s. 4d. as apereth by a rentall of the same wherof is to be deducted for the yerelie tenthes paid to the Kinges majestie 8s. 8d. ob. quad. and remayneth clerely 4l. 4s. 7d. quad. whych ben employed to the sustentacion and relief of Edwarde Fyffe [Page 254] clarke now incumbent ther accordyng to the foundacion.—Orna­ments &c. 78s. 10d. as doth appere by a perticuler inventory of the same.—Ther wer no other landes &c.

5. The chantry of St. Thomas appears to have been founded by John Shapecape, and licensed by King Edward the Third h, having an annual revenue of 4l. 12s. 6d. The following account of it is ex­tracted from the above-cited certificate, remaining in the Augmenta­tion-Office:

"The chauntrye of Saynt Thomas in the parishe churche of Saynt Nicholas within the towne of Newcastell upon Tyne was founded by a licence obteyned of K. Edwarde 3d by one John Shapecape to fynde a priest to say masse and to pray for his sowle and all Christen sowles for ever as by the dede of the foundacion exhibited befor the said commissioners dothe appere which is so used hitherto by reporte— Yerely value 4l. 2s. 2d.—value by this survey 4l. 12s. 6d. as apereth by a rentall wherof is to be deducted for rents resolut' 6s. 2d. for an yerely obytt 5s. 4d. and for the tenthes 8s. 2d. ob. paide to the Kinges majestie—19s. 8d. ob. and remayneth clerely 72s. 9d. ob. which are employed to the sustentacion and relief of Charles Newton incumbent ther accordyng to th' ordynnaunce of the foundacion.— Ornaments &c. 18s. 6d. as doothe appere by a perticuler inventory of the same.—Ther wer no other landes &c."

6. The chantry of our Lady, styled also the altar of our blessed Virgin Mary, is said to have been sounded in the reign of King Ed­ward I. i It is uncertain who was the founder, as the deed of foun­dation was embezzled by Thomas Ireland, one of its chaplains j.

[Page 255]It is supposed to have been what is now called the south cross of the church, where a figure in stone, cross-legged, lies in a niche in the wall, conjectured by some to be that of its founder k.—Weekly prayers are now read in this place.

The yearly value of this chantry was 5l. 16s.l

John Coke, of Newcastle, by his will, dated — 1379, left to the altar of St. Mary, in this church, the sum of 6s. 8d. m

The following account of this chantry is copied from the above-cited certificate, remaining in the Augmentation-Office:

"The chauntrie of our Lady in the parishe church of Saynt Nicholas within the towne of Newcastell upon Tyne was founded by reporte to fynd a preest to say masse dayly and to pray for all Christen sowles which is so used hitherto but the dede of the foundacion was imbe­cylled by one Thomas Ireland late incumbent ther.—Yerely value 105s.—value accordyng to this survey 116s. 10d. as appereth by a rentall of the same wherof is to be deducted for the yerely charges of two obits 12s. and for the tenthes paide to the Kinges majestie 22s. 6d. and remayneth clerely 4l. 14s. 4d. which are employed to the susten­tacion and relief of Robert Baker prieste incumbent ther.—Ornaments &c. 6l. 2s. 10d. as apereth by a perticuler inventorie of the same.— Ther wer no other landes &c."

7. The chantry of St. Margaret, situated on the south side of St. Nicholas' church, and now called Bewick's Porch, was founded by Stephen Whitgray, and Mary his wife, A. D. 1394 n. The annual [Page 256] value thereof was 5l. 8s. John Cowper, clerk, was the last incum­bent.

The following account of this chantry occurs in the certificate above-cited, remaining in the Augmentation-Office:

"The chauntrie of Saynte Margarete in the parishe churche of Saynt Nicholas within the towne of Newcastell upon Tyne was founded by the licence of King Richard the Second by one Stephane Whit­grave and Mary his wyffe to fynd a priest to say masse ther dayly and to pray for ther sowle and all Christen sowles as appereth by the dede of the foundacion exhibited before the said commissioners which is so used hitherto.—Yerelie value 106s. 8d.—value according to this survey 108s. as apereth by a rentall of the same wherof is to be de­ducted for rents resolut. 3s. 6d. and for the tenthes paide to the Kinges majestie 10s. 8d.—14s. 2d.—and remayneth clerely 4l. 13s. 1 [...]d. which ben employed to the sustentacion and relief of John Cowper, clerke, incumbent ther accordinge to the tenour of the said foundacion. —Ornaments &c. 58s. 10d. as doothe appere by a perticuler inventory of the same.—Ther wer no other landes &c."

8. The chantry of St. Cuthbert was founded in the reign of Richard II. by Thomas Harrington and William Redmarshall. The yearly revenue of this chantry, arising out of tenements in the Sand-Hill, [Page 257] Side and Close, in Newcastle, amounted to 7l. 3s. 2d. o. Ralph Watson was the last incumbent, and had an annual pension of 5l. which he en­joyed A. D. 1553 p.

The subsequent account of this chantry is copied from the certifi­cate, cited above, remaining in the Augmentation-Office:

"The chauntrie of Saynt Cuthbert in the parishe churche of Saynt Nicholas within the towne of Newcastell upon Tyne was founded by a licence obtayned of King Richarde the 2d, by Thomas Herington and William Redmarshill to fynde a prieste ther to say masse and pray for their sowles and all Christen sowles for ever as by the dede of the foundacion shewed befor the saide commissioners it doth appere and also to find one obytt yerely which is so used hitherto—Yerelie value 110s. 2d.—value accordyng to this survey 7l. 3s. 2d. as apereth by a rentall of the same wherof is to be deducted for rents resolut' 7s. 4d. going out of the same for an yerelie obytt 4s. for an yerelie almes 6s. 8d. and for the tenthes paide to the Kinges majestie 11s. quad— 29s. quad.—and remayneth clerelie 114s. 1d. ob. quad. whiche ben employed to the sustentacion and relief of Rauffe Watson, clerk, in­cumbent ther.—Ornaments &c. 4l. 20d. as dooth appere by a per­ticler inventorye of the same.—Ther wer no other landes &c."

9. The chantry of St. Loy was founded by Robert Castell. The annual revenue of this, amounting to 4l. 10s. arose out of tenements in the Close, West-Gate, and a little field situated without the West-Gate, called Goose-Green-Close q.

A licence was granted, May 22d, 1498, to John Galile, chaplain of this chantry, to take annual service r for three years, on account of the lowness of its revenues.

[Page 258]Thomas Hollyman, alias Holman, was the last incumbent of this chantry, and had a pension of 4l. 1s. 2d. which he enjoyed A. D. 1553 s.

The following is the account of it in the certificate so often cited, remaining in the Augmentation-Office:

"The chauntrie of St. Loye in the parishe churche of Saynt Nicholas within the towne of Newcastell upon Tyne was founded by one Ro­bert Castell by a licence obtained of King Edward 3d to fynd a priest for ever to pray for the sowles of the said Robert, Johanne his wyffe and all Christen sowles and to thentent that th' incumbent should be ther daily resident by report but the dede of the foundacion was lost or imbecilled away long syns and Thomas Hollyman, clerk now incum­bent ther is not resident but giveth to one other olde priest 46s. 8d. to supplye his rometh.—Yerely value 4l. 8s.—value according to this survey 4l. 10s. as apereth by a rentall wherof is to be deducted for the yerelie tenths paid to the King's majestie 8s. 9d. ob. quad. and remayneth clerly 4l. 14d. qua. which ar employed to the sustentacion & relief of the incumbent aforesaid.—Ornaments &c. 8s. 6d. as dothe appere by a perticuler inventory.—Ther wer no other lands &c."

10. The following account of a second chantry of our Lady, in St. Nicholas' church, occurs in the certificate so often above-cited, remain­ing in the Augmentation-Office:

"One other chauntrie of our Lady in the parishe churche of Saynt Nicholas within the towne of Newcastell upon Tyne was founded by one George Carre merchant of Newcastell to fynde a prieste for ever by reports which is discontinued and dissolvyd as hereafter doth appere —Yerely value nil—for it dooth not appere to be charged in the certifi­cate [Page 259] taken out of the courte of the first fruits and tenths delivered to the said commissioners—Value accordyng to this survey 106s. 8d. to be paid yerely by the heires of George Carr founder of the said chaun­trie out of the manors of Irby, Madomysley and Evington in the countie of Yorke and the bishoprick of Durham by way of a rent-charge as by a feoffment thereof made and a wylle declared upon the same beringe date the 16th day of September (16 Hen. VII.) remain­inge at present in the custody of Henry Whitereason Esquire to the Kinges majesties use and behofe more plainly is specified and declared to the fyndyng a chauntrie priest which is deteyned by one Thomas Carr as hereafter is declared—Ornaments &c. nil—for that suche goodes and ornaments as were apperteynyng to this chauntrie ar charged be­fore in the value of the goodes and ornaments of the other chauntrie of our Lady beinge within the same parishe church in the sume of 6l. 1s. 10d. whiche doo serve for the use of booth the saide chauntries. —The said chauntrie hath ben dissolved & the service therof discon­tinued syth the 4th day of Februar' in the 27th of (Hen. VIII.) now being of a late time by one Thomas Carr without any licence obteyned of the Kinges majestie in that behalfe and by what title or colour we knowe not."

ST. GEORGE'S PORCH.

GREY, for what reasons I know not, has supposed this to have been built by one of the kings of England t.

Bourne, without giving his authority, says that it was one of the chantries of St. Nicholas' church u.

[Page 260]This place would unquestionably be made use of when the feast of St. George was celebrated in Newcastle upon Tyne, A. D. 1617 v.

July 28th, 1710, there was an order of the common-council of Newcastle to give 100l. towards the rebuilding and reparation of this porch w.

ST. NICHOLAS' STEEPLE.

NO ideas of the elegance of the design of the forgotten architect, or lightness of the execution of the masonry of the pinnacle or upper part of this steeple, can be conveyed by descriptions of the pen: Mr Pennant x

[Page]
STEEPLE OF ST. NICHOLAS CHURCH. Most respectfully inscribed to John Medley Esq. Alderman of Newcastle upon Tyne

[Page 261] allows it to be very justly the boast of the inhabitants, being a subject truly worthy of the pencil of a Sandby or the burin of a Rooker. It is generally thought to be a superstructure y, and to have been raised upon the original tower in the time of Henry the Sixth.

The original tower appears to have had a battlement of open stone work and embrasures like those still remaining on the top of Durham Abbey. At present this part is built up with bricks, which probably was done at the erection of the upper structure. However that may be, it is plainly an after-work, which, whatever it may have added to the strength, most certainly in some degree impairs the general beauty of the fabrick. Some have ascribed the building of this steeple to David z, the first king of Scots of that name, but I think very erro­neously, and that those have much more probability on their side who suppose it to have been raised by Robert Rhodes a, a most munificent [Page 262] friend in general of St. Cuthbert, the great tutelar saint of the diocese, and more particularly of the churches in Newcastle upon Tyne, where he resided.

This steeple contained originally but five bells: the peal at present consists of eight b. The three latter additional ones were given by the corporation of Newcastle, who appear to have been charged with the reparation of this structure from time immemorial c.

A former great bell or common bell, so called, it should seem, from [Page 263] convening the burgesses to guild or other publick assemblies at the an­nual election of officers, appears to have been cast in the year 1593 d.

In the year 1608, some of the higher part of this steeple was taken down and rebuilt e.

A. D. 1615, the great bell here, which weighed 3129 pounds, was sent to Colchester to be new cast f.

There is a tradition that during the siege, and before the town was taken in the month of October, 1644, the general of the Scottish army sent a threatening message to Sir John Marley, then mayor, in­forming him, that if he persisted in his refusal to deliver up the town, they would direct their cannon so as to demolish this beautiful steeple.

The mayor, upon this, instantly ordered the chief of the Scottish pri­soners to be taken up to the top of the tower, below the lanthorn, and returned him an answer, that if that structure fell, it should not fall alone, as their countrymen were placed in it with a view either to pre­serve it from ruin, or be destroyed with it.—This spirited reply is said to have had the desired effect in preventing its demolition g.

A. D. 1723, this steeple was repaired at the expence of the corpo­ration of Newcastle upon Tyne h.

About 1754, the great bell of this steeple having been broken, was sent up to London to be new cast. The present one weighs 36 hun­dred weight i.

In the month of October, 1761, a new clock with chimes, made by Mr. Walker, of Newcastle, was finished and put up in this steeple k.

[Page 264]In the year 1777, a conductor was affixed to this steeple to preserve it from lightning.—One of the pinnacles was rebuilt, and several other necessary reparations were made at the same time, at the expence of the corporation of Newcastle l.

GALLERIES AND PEWS.

STAVELEY m is of opinion, that before the reformation there were no pews in churches, but such as were appropriated to persons of dis­tinction.

"Stall Room" and "Stalls" are mentioned in an old parish book of All Saints in this town, of the date of 1488 n; and Dr. Ellison's MSS. take notice of an old pew-book belonging to this church, of the date of 1579, containing references to a still older one o.

A. D. 1620, the gallery commonly called the School-Gallery, on the north side of the church, was built p.—It has been removed q, in con­sequence of the late alterations, to the front of St. George's porch.

Some time between the year 1632 and 1645, an order having been received from the King to remove the gallery, which obstructed the chancel (the rood-loft in times of popery), and the church-wardens re­fusing to comply therewith, Dr. Morton, then Bishop of Durham, wrote to Mr. Alvey, vicar of this church, to inforce their obedience to the royal edict r.

[Page 265]An organ appears to have been erected upon it afterwards.—See ac­count of the organ of this church.

A. D. 1635, some new pews or seats were built in this church s.

A. D. 1785, an entirely new set of pews were erected in this church t.

CHANCEL OF ST. NICHOLAS.

THE holy table or altar, which in the primitive and in the late re­forming times was made of wood, in the middle corrupted times was generally composed of stone, "as more corresponding with the import of an altar, whereon the sacrifice of the mass was and is still offered up in the Roman church u."

This, to distinguish it from the smaller altars dedicated to saints in chantries, was styled in the papal times the high altar v.

It appears to have been placed anciently in different parts of the church, sometimes in the middle and sometimes in the eastermost part of the chancel, according to the different fashions of the building w.

[Page 267]In the year 1712, the chancel of this church was wainscotted, &c. at the expence of the corporation of Newcastle x.

By the late alteration of this church, the chancel has been thrown en­tirely open, and the communion table removed close under the great eastern window.

FONT.

IN primitive times the rite of baptism was performed in rivers and fountains. Fonts were at first erected in private houses, and afterwards placed in the church porch, and lastly in the church itself, near the en­trance, as subservient to the sacrament of initiation or admittance y.

The font of this church, with a wooden cover to it of very light and elegant workmanship, has either been made or repaired by Robert Rhodes, the builder of the upper part of the steeple: for his coat of arms, with another, probably his wife's, is sculptured on the basis z.

WINDOWS.

"IN this church" says Bourne, "are many sumptuous windows, but that in the east surpasseth all the rest in height, largeness and beauty." Grey says, that there were in this window the twelve apostles, and the seven deeds of charity painted in the glass. He tells us also, that this window was built by the beneficent Roger Thornton the elder, [Page 268] and that there was this inscription on it: "Orate pro anima Rogeri de Thornton & pro animabus filiorum et filiarum." At present there is nothing remaining of these pictures but fragments—two heads, &c. &c.

The windows of this church have many of them been entirely new built on the late alteration.—The figure of our Saviour in modern stained glass, of very miserable execution, has been happily concealed by it.

ORGAN.

STAVELEY is of opinion that organs a are of eastern invention, and tells us that the first used in the western church was sent out of Greece to Pepin, King of France, about the year 766. I have found no account of any organ in this church during the times of popery, though it is very probable there has been one b.

About the year 1676, the corporation of Newcastle contributed 300l. towards the erection of the present organ. c. They added a trumpet stop to it June 22d, 1699 d.

A. D. 1710, the back front of this organ was finished, which cost the said corporation 200l. together with the expence of cleaning and repairing the whole instrument e.

June 26th, 1749, the common-council of Newcastle ordered a sweet stop to be added to this organ f.

LIBRARY.

BOOKS, chained in the choirs, and other convenient places, where the parishioners might come and read them, constituted the ancient li­braries of our churches g.

Such a collection has originally, no doubt, been in this h.—No ac­count has been transmitted at what time they were first shut up in a private and separate apartment.

A. D. 1661, John Cosins, draper, and alderman of Newcastle, be­queathed 100 volumes (60 folios and 40 quartos) to the library of this church i.

A. D. 1677, there is an order of the common-council of Newcastle, for three pounds per annum, for a librarian to superintend this col­lection k.

[Page 270]In the year 1736, Walter Blackett, Esq. was at the expence of erect­ing an edifice on the south side of the church of St. Nicholas, the un­der part whereof to be the vestry, and the upper apartments to con­tain the original library, together with a great and valuable collection of books bequeathed to this church library by Dr. Thomlinson. The following inscription is on the front:

"This library was built by Walter Blackett, Esq. for the books of the Rev. Dr. Robert Thomlinson and other benefactors."

The ground floor of this edifice is the present vestry of St. Ni­cholas l.

In the vestry are preserved the parish registers.

That of baptisms begins A. D. 1558. That of marriages and burials in 1574.

Parochial registers were first appointed in the year 1538.

CHURCH-YARD.

IN the year 1761, St. Nicholas' church-yard was inclosed with a brick wall, with rails upon it. There was left a convenient passage all around it on the outside for foot people. This was done by sub­scription m.

LEGACIES LEFT TO THE POOR OF ST. NICHOLAS.

HENRY Hilton, of Hilton, Esq. by his last will, dated February 26th, 1640, bequeathed, for 99 years, commencing A. D. 1640, the sum of six pounds per annum, interest money, to the poor of St. Ni­cholas' parish. This was reduced, by the interest act, to four pounds per annum n.

Robert Anderson, Esq. alderman of Newcastle, who died May 9th, 1640, left, by deed, five pounds per annum to the poor of this parish. This was lost in the grand rebellion o.

Andrew Aldworth, of Newcastle, physician, by his will, dated No­vember 16th, 1648, left the sum of one pound per annum, issuing out of property in Gateshead, to the poor of this parish, for ever p.

Thomas Davison, Esq. by his will, dated November 25th, 1675, left to the poor of this parish the sum of two pounds three shillings and six-pence, yearly, payable in December, issuing out of property in the town of Newcastle q.

[Page 272]Left by Sir Alexander Davison, 2l. per annum Paid half yearly, at Lady-Day and Mi­chaelmas.

— Sir Thomas Davison, 1l. per annum Paid half yearly, at Lady-Day and Mi­chaelmas.

— William Carr, Esq. 1l. 10s. per annum Paid half yearly, at Lady-Day and Mi­chaelmas.

— Mark Milbank, Esq. 3l. per annum Paid half yearly, at Lady-Day and Mi­chaelmas.

— John Rumney, Esq. 2l. 10s. per annum Paid half yearly, at Lady-Day and Mi­chaelmas.

— Sir Mark Milbank, 6l. per annum r Paid half yearly, at Lady-Day and Mi­chaelmas.

Left by Mr. Robert Ellison, the sum of 33l. 6s. 8d. the interest whereof to be paid yearly to the vicar and church-wardens.—This was lost s.

William Carr, Esq. by his will, dated 11th of April, 1660, left to the poor of this parish the sum of two pounds per annum, out of pro­perty in the town of Newcastle t.

Sir William Blackett, Bart. who died May 16th, 1680, left to the poor of this parish, out of a house at the Bridge-End, to be paid in the month of December, the sum of two pounds per annum u.

Left by John Jefferson, to be paid yearly, in March, the sum of two pounds v.

Left by Timothy Davison, Esq. to be paid yearly, in December, out of the merchants company, one pound five shillings w.

Left by Mrs. Jane Brokesby a quit-rent of twenty shillings per an­num, out of houses in Trinity-Chare, now held by Mr. Fenwick and others. Also fifty pounds out of her lands in Forest-Hill, to secure the payment of three pounds per annum. The said sum of four pounds per annum to be distributed at twenty shillings per quarter x.

Left by Nicholas Ridley, Esq. out of grounds in Heaton, to be paid yearly, in the month of December, one pound ten shillings y.

Left by Joseph Atkinson, Esq. the sum of fifty pounds, the interest to be paid yearly, on the 30th of September, two pounds ten shillings z.

[Page 273]Left by Matthew White, Esq. to be paid yearly, in December, out of a house in Pilgrim-Street, one pound ten shillings a.

Left by Isabel, wife of William Wrightson, Esq. the sum of fifty pounds, the interest to be paid yearly, on the 30th of Septemberb.

Left by Leonard Wetherly, Gent. the sum of twenty pounds, the interest to be paid yearly, on the 11th of September, one poundc.

Left by Mr. Richard Randal the sum of seven pounds d.

Left by Mrs. Ann Davison the sum of two hundred pounds, the in­terest of which to be distributed at two doles, five pounds each, viz. on St. Thomas's Eve, and on the 7th of February e.

Left by Mr. William Harrison, the sum of fifty pounds, the interest to be paid yearly on St. Andrew's Day f.

Left by Mrs. Margaret Ramsey, the sum of twenty pounds, the in­terest to be paid yearly, for ever, one pound g.

Left by Mr. James Coward, the sum of twenty pounds, the interest to be paid yearly, for ever h.

William Grey, of Backworth, Esq. by his will, dated May 26th, 1714, in case of failure of issue, male and female, of his own body, charged his estates in Durham and Northumberland, among other charities, with the payment of one hundred pounds to the church of St. Nicholas, in Newcastle, the interest of which to be given to poor widows and necessitous house-keepers of the parish, at Christmas, for ever.—He left one son, Ralph William Grey, living in 1749. Marga­ret and Ann, his daughtersi.

Elizabeth Rogers, of Newcastle upon Tyne, by her will, dated De­cember 15th, 1733, gave the sum of fifty pounds to the poor of this parish, the interest of which to be given annually, on the day of her death, for ever k.

[Page 274]George Mallabar, Esq. who died August 20th, 1734, appears to have left some benefactors to the poor of this parishl.

Dame Jane Clavering, relict of Sir John Clavering, Bart. and who died February 21st, 1735, left, by her will, fifty pounds to the poor of this parish m.

Mrs. Timothia Davison, sister of Thomas Davison, Esq. of Ferry-Hill, who died June 4th, 1757, aged 88, among other charities, left twenty pounds to the poor of St. Nicholas' parish, in Newcastle, to be distributed immediately after her death n.

William Moulton, of Newcastle upon Tyne, skinner and glover, by his last will, dated February 26th, 1771, bequeathed an annuity of fifteen pounds, to be divided by his executors (and their successors), in rotation, at the parish church of St. Nicholas, upon the first Sunday in every month, and on Easter-Day, Whit-Sunday, and Christmas-Day, for ever, immediately after the celebration of the sacrament, amongst twenty of the poorest persons who shall then and there have attended divine service, and been partakers of the holy communion. A flaw has been discovered, it seems, in the will, so that Mr. Moulton's pious intentions have never been fulfilled. The annuity was charged upon houses in the Ship-Entry, in the Flesh-Market o.

CHARITY-SCHOOL OF ST. NICHOLAS.

CHARITY-SCHOOLS, founded with the view of opposing and defeating the pernicious effects of the seminaries set up by the Papists during the reign of King James the Second, first began in this king­dom about the year 1688p.

[Page 275]Mrs. Eleanor Allan, of Newcastle, February 20th, 1705, founded this school for forty boys and twenty girls, born in this parish, and in the chapelry of St. John's q.

A. D. 1708, an annual subscription was entered into by the pa­rishioners of this parish, to clothe the children of this school r.

In the year 1723, Mr. Gilbert Campel, innholder, left, by will, the sum of twenty pounds, and Mr. Samuel Nichols, organist, ten pounds, to be put out at interest for the benefit of this school.

The interest of five hundred pounds was left to this school, for ever, by Mrs. Chisholm, relict of the Rev. Mr. Chisholm, of Wooler, in Northumberland t.

Mrs. Elizabeth Rogers, of the town and county of Newcastle upon Tyne, by her will, dated December 15th, 1733, bequeathed the sum of fifty pounds to this schoolu.

John Hewit, alias Huet, of Newcastle, goldsmith, by his will, dated September 9th, 1738, bequeathed to this school of St. Nicholas, the sum of two hundred and fifty pounds, which was lent to the cor­poration of Newcastle at four per cent v.

[Page 276]John Fenwick, of Newcastle upon Tyne, Esq. gave in perpetuity fifty pounds to the corporation of that town, for the annual payment of twenty shillings w to the charity-school of St. Nicholas, and twenty shillings to the prisoners in New-Gate, to be made seven days before Christmas, for ever.

A. D. 1786, the corporation of Newcastle built a new charity-school for this parish, in the Manor-Chare x.

SHRINES, MONUMENTS, AND MONUMENTAL INSCRIPTIONS, FORMERLY IN ST. NICHOLAS' CHURCH, MOST OF WHICH HAVE BEEN REMOVED BY THE LATE ALTERA­TION IN THE INSIDE OF THAT EDIFICE.

IN the north part of this church of St. Nicholas, was a shrine of Henry, the fourth Earl of Northumberland, who, on the day of St. Vitalis the Martyr, i. e. April 28th, 1489, fell a victim to the unre­lenting avarice of King Henry VII. to whom the parliament, in that year, had granted a subsidy, for carrying on the war in Bretagne, which fell heavy on the people, and put the whole country in a flame.—The good Earl, then Lord Lieutenant, wrote to inform the King of the discontent, and prayed an abatement.—The King's answer was, that not a penny should be abated. This message being delivered by the Earl with too little caution to the populace, who had come in a tu­multuous manner to complain of the grievance, they supposed him to be the promoter of their calamity, and instantly breaking into his house at Cock's-Lodge, near Thirske, in Yorkshire, murdered him, and several of his attendants. He was buried in Beverly Minster, where

[Page]
Monuments on the Churches of [Page] St. Nicholas & All saints

[Page 277] a very magnificent monument, some vestiges of which remain, was erected to his memory y.

Grey, in his Chorographia, tells us, that in this part of the church there was such a monument in his time, "that was made in memory of him in his own country, he having a house in this town and pa­rish z;" and that part of the inscription upon it was, "Orate pro anima Henrici Percy 4 (com') Northumbriae qui per rebellium manus occubuit &c."

"The Milbank manuscript," as we read in Bourne's History, "says that it was in the north corner of the church: that it was a monu­ment of wood, on which was painted an old man, our Saviour on his right hand, and the Virgin Mary on his left. There came a label from her mouth, but what it was this authority had forgot; but that from our Saviour's was Quaeso Pater, fac, quod rogat mea mater. Then followed some Latin verses, done in the rhyming way of the monks, but they are so dark and obscure, that little can be made of them." The MS. goes on: "When Mr. William Selby was buried, this monument was removed out of that corner, and Sir George Selby did set his magnificent tomb there."—"After that it was placed against the wall, next to Sir George's tomb, and so continued till Mr. Lanc' Hodshon got leave of Vicar Nailor to remove it, and place his father; where it is now I know not."—At present, 1787, no vestiges of this ceno­taph remain.

In the north-east corner of this church was the tomb of Sir George Selby. His effigies, and that of his lady, were at length, resting upon pillows, with uplifted hands—On the south of the tomb were the ef­figies of his children, in a posture of prayer, kneeling, with raised hands.—Upon a marble stone, placed in the wall, a little above the [Page 278] tomb, was the following inscription: "Georgius Selby eques auratus ab antiqua et clara Selbeiorum de Selby in comitat' Ebor' familia oriun­dus, quater hujus villae praetor, vicecomes comitat' palat' Dunelm' sere­nissimi Regis Jacobi hospitio et servitio nobilitatus. Ob lautum certè & affluentem perpetuo apparatum et liberalissimae mensae communica­tionem merito passim celebratissimus. Margaretae uxoris Joannis Selby de Twifell militis filiae consortio apprimè faelix. Ex qua suscepit quin­que filius, immatura morte sublatos, et sex silias superstites. Quatuor ante illius obitum nuptas Margaretam primam Gulielmo Balasys de Morton, Elizabetam secundam Joanni Delavale de Dissington equitibus auratis. Barbaram tertiam Roberto Delavale haeredi Radulphi De­lavale de Seaton equitis aurati. Isabellam quartam Patricio Curwen de Workington armigero. Et duas innuptas Dorotheam & Mariam, per totum vitae cursum lautissima usus fortuna. In hoc vere beatus quod sub indubitata spe plenae peccatorum omnium remissionis et suae ad aeternam vitam resurrectionis spiritum in manus Domini commen­davit, in coque placide obdormivit 30o Martii 1625, an. aetatis 68. Corpus sepultum jacet in crypta sub hoc tumulo charae uxoris cura extructa.

"Amoris honoris & memoriae ergo."

Under the coat of arms—"Mortuus vivo."

Within the palisadoes, upon a flat marble stone—"Jesu have mercy of the sowlle of George Selbe merchant-adventurer, some­time alderman of this town, and Margaret his wife and their children." In the margin, on his side, anno 1542; on her side, 1562.

In the north side of the middle porch, under the great eastern win­dow, were the remains of a monument on which statues had been inlaid, but taken away, probably, for the sake of the brass. On the south side of it was the monument of George Carra, with this inscription: [Page 279] "Orate pro anima Georgii Car quondam majoris istius ville qui obiit anno Domini millesimo cccc Cujus animae propitietur Deus."

The effigies of him and his wife at length, resting on pillows, with their hands raised. Above them an arched canopy, with a defaced inscription; but a MS. in this church gave the following words: "For George Car's sawll his wyffes & childers sawlls all and to make a so­lem dyrge-mass with all his bruthern in the qwyre and to sing as aperyth in his writing of Rimae."

At the feet of the effigies were the ruins of a large image of our Sa­viour upon the Cross, with an inscription equally dark as the other, but said to be this: "Our Lady prays him to say at the day."

When the Scots took the town they plundered the churches, and these, and many more, were defaced; for they broke down the carved work thereof with axes and hammers.

On the north side of the south-east porch was a small monument, commemorating the wife of William Wrightson, Esq. "Near this place lies the body of Isabel the wife of William Wrightson, Esq. one of the burgesses in several parliaments for this town and county. She died. the 13th of March 1716."

Almost contiguous was the beautiful monument of Mr. Matthews, the first husband of Isabel above-mentioned, with this inscription: ‘"Underneath lie interred Mr. Francis Burton, merchant-adventurer, and Ann his wife. Mr. Burton died Sept. 16, 1682 His wife died August 11th, 1676. They had issue one son and three daughters, viz. Francis, Isabel, Elizabeth and Ann. [Page 280] Elizabeth died January 25th, 1675 Anne died April 9th, 1681 Francis died December 17th, 1684. Thomas Matthews, Gent. married Isabel, in memory of whom she erected this monument. They had issue a daughter named Anne, Who died March 6th, 1684 Mr. Matthews died April 6th, 1697."’

"The burial-place of Timothy Davison, alderman, some time mayor of this town, and governor of the merchants company, and Elizabeth his wife, by whom he had issue sixteen children, of which survived them six sons and four daughters: she departed this life the 10th day of September, 1694; and he the 20th day of December, 1696, in the 55th year of his age."

"Here lyeth the body of Robert White, merchant. He departed Oc­tober 1644."

"The burial-place of Sir Ralph Jennison, of Elswick, in the county of Northumberland, Kt. some time mayor of this town. Obiit 3 die Aprilis, anno 1701, aetatis suae 88."

"The burial-place of Mr. John Stephenson, merchant-adventurer, who died 20th April, 1725."

"Robert Bulman, felt-maker, 16th May, 1716. Rachel, his daugh­ter, who was wife of William Henderson, upholsterer, died 22d of Au­gust, 1730."

"The burial-place of John Ogle, Esq.—his daughter Mary Lisle, re­lict of Robert Lisle, of Hazon, Esq. died 19th December, 1728."

"Roger Rawe, twice mayor of this town, 1596."

"Robert Barker, sometime mayor of this town, and his four wives. He departed 4th of August, 1588."

"Ralph Cocke, Esq. alderman, and sometime mayor of this town, 27th Jan. 1652. His four daughters survived him, and Judith his wife, viz. Dorothy, Jane, Ann, Barbara. The wives of Mark Mil­bank, William Carr, Thomas (Alexander) Davison, Henry Marley, merchants."

[Page 281]"Robert Jennison, merchant, 27th October, 1668."

"Francis Brandling."

"William Carr, merchant-adventurer, and Jane his wife, by whom he had issue eleven children. He departed April 14th, 1660. She departed Jan. 31, 1666."

"Bartram Anderson, merchant-adventurer, June 24th, 1605."

"Jesu have mercy on the sawlles of Hendry Anderson, M. A. some­time mayor of this town, 1562."

"Isabell Anderson, his wife, was buried under the next stone to him. She died in August 1582."

"Bertram Anderson, merchant-advent'. August 1606."

"Mark Shafto, merchant-adventurer, sometime mayor of this town, April 1593."

"Under the same lie — Shafto, who died December 1581. And Robert Shafto, alderman of this town, who died September 1623."

"Jesu have mercy on the soul of Mark......."

"Sir Peter Riddell, knight, twice mayor of this town, 18 April 1593." On a table monument, near where the tomb of Sir George Selby stood.

"Lancelot Hodshon, son of John Hodshon, Esq. departed this life the 4th of May, 1677. And Margaret his wife, daughter of Sir Tho­mas Haggerston, Bart. departed this life August 18th, 1663. Adelm his 2d wife, daughter of James Cholmley, Esq. departed this life March 19th, 1672 b."

In the quire.

"The burial-place of Nicholas Ridley, Esq. twice mayor of this town, and governour of the merchants' company, and Martha his wife, [Page 282] by whom he had issue 9 children, viz. John, Mary, Richard, Ann, Nicholas, Edward, Ann, Martha and John. He departed this life the 22d of January, 1710. John their eldest son dyed April 14th, 1686."

"Sept. 8, 1787. We are favoured with the following description of the elegant monument, lately erected in St. Nicholas' church, in this town, to the memory of Matthew Ridley, of Blagdon and Heaton, in the county of Northumberland, Esq.—A figure in statuary marble, as large as life, bearing a resemblance of the features and person of the late Mr. Ridley (at the period to which the medallion and inscription allude), is represented in a Roman habit, sitting in the curule chair, the seat of magistracy, with a serious, but placid countenance, as con­sidering of the general welfare of the people over whom he presided; under the chair are placed the scales and fasces, as emblems of justice and authority; beneath this is the entablature, containing the follow­ing inscription: "To the memory of Matthew Ridley, Esq. of Blag­don and Heaton, in the county of Northumberland, senior alderman of the corporation of this town, and governor of the company of mer­chant-adventurers. He four times served the office of mayor, in which station, in the year 1745, he rendered essential service to his country; averting, by his prudence and activity, the attack meditated against this town, by the enemies of the House of Brunswick, and thereby materially checking the progress of their arms. He was unanimously elected by his fellow burgesses to represent them in five successive par­liaments, and retired from that situation when the declining state of his health rendered him incapable of conscientiously fulfilling the duties of it. He lived respected and beloved, and died unfeignedly lamented, April 6, 1778. Aged 66."

"The base of the monument is formed by a medallion, on which the town of Newcastle is represented by a female figure, crowned with turrets, having a shield by her, bearing the arms of the town; near her is an urn, from which are seen issuing salmon, the peculiar attribute of the river Tyne, attacked by Rebellion, who, treading on the crown and sceptre (ensigns of royalty), bears in one hand the torch of sedi­tion, [Page 283] in the other the sword of destruction: in an attitude of suppli­cation she inclines herself towards an armed figure, who protects her with his shield, and with a sword in his right hand resists the figure of Rebellion; on the shield are represented the arms of the family of Ridley; the helmet is ornamented with a bull, which is the crest. As a finishing, under the medallion two cornucopias are introduced, representing the general effect of plenty (attendant on the care of active magistrates), connected by a civic crown, the reward amongst the Romans of civil virtue. The figure is placed against an obelisk of white marble, eight feet high, on the top of which is a very elegant urn, bearing the family arms emblazoned; and on the foot of it is engraved the motto, "Constans Fidei." The whole is relieved by a ground of dove-coloured marble.

"We feel it a justice we owe to the superior abilities of the artist, to add, that this elegant monument was executed by John Bacon, Esq. of the Royal Academy, whose natural genius, unassisted by foreign travel, has raised him decidedly to the first rank in his profession, and has enabled the present day to vie with the most celebrated ages of antiquity in works of sculpture. The many invaluable proofs of ex­cellence with which this artist has enriched his native country, as well as foreign lands, it is unnecessary here to enumerate; until the magni­ficent monument in Westminster-Abbey, designed and executed by him, to the memory of the late Earl of Chatham, shall moulder into dust, his fame will be had in remembrance *."

"M. S. Janae Yeldardi Alvey, hujus ecclesiae vicarii Uxori lectiff. et dilectiss. decem liberorum Utriusque sexus aequaliter foecundae matri, Cultu in Deum, Obsequio in maritum, Pictate in prolem, dilectione in proximum, Charitate in pauperes ad exemplum celebri, Quae postquam 34 aetat' ann. complevisset [Page 284] pie et placide in Domino obdormivit. Denata est tempore antelucano magni Paschatis festi 1643. Maritus moerens hoc in amoris aeternum Duraturi testimonium merito posuit."

"Radulphus Jennison quondam major hujus oppidi qui tempore prae­fecturae suae e vivis decessit anno Domini 1597, hoc tumulo sepultus jacet.

Prudens, pacificus, largus, justusque piusque.
Sydera qui quaerit, sis ubi quaerit * ubi;
Jacet et hic Robertus filius ejus, quondam
Theologiae doctor et minister verbi Deic."
[Page 285]"Mr. Thomas Robinson's burial-place."
"Here lieth buried under this stone,
Of John Bennet both body and bone,
Late of these north parts, master of the ordnance,
Which deceased by God's providence
The eighth day of the month of July,
In perfect faith, love and charity,
A thousand five hundred sixty and eight;
Whose soul to heav'n he trusted went straight,
Through God's great mercy, bloodshed and death,
Which only he trusted to during his breath.
So trust we his wife and children that caused this,
And Captain Carvel a friend of his."

"Here lieth the body of Sir William Blackett, Bart. alderman and sometime mayor of this town, and burgess in parliament for this [Page 286] corporation, and Dame Elizabeth his wife, by whom he had issue nine children, of which survived him three sons and three daughters, viz. Edward, Michael, William, Elizabeth, Isabel and Christian: she de­parted this life the 7th of April, 1674, and he the 16th of May, 1680. Michael, his son, sometime alderman, departed this life the 26th day of April, 1683, who had Elizabeth only. She departed this life the 12th day of January, 1677."

"William, Isabel, Edward, Christian, Michael, John, William and Christian, the children of William Blackett, alderman, and Elizabeth his wife.—John buried 4th May, 1654; William buried 9th August, 1654; Christopher buried 8th July, 1678."

There was an escutcheon of Sir William Blackett, Bart. who died in 1728. He married Barbara, daughter of the Earl of Jersey. A sup­porter to her arms.

"The burial-place of John Rumney, merchant."

"The burial-place of William Jennison, merchant-adventurer."

Arms on the grave-stones: Cookson—Liddell—Ridley.

On white marble, against one of the pillars.

"Near this place lie interred the remains of Thomas Dockwray, A. M. many years lecturer of this church, who, after a life worn out in learned and religious employments, departed to the mercy of God on the 15th of May, 1760, in the 71st year of his age. He had an able head, and an upright heart. As a preacher he was instructive, nervous, eloquent. In private life he was adorned with those virtues which distinguish the worthy man and the good Christian.—His ne­phew, Thomas Dockwray, placed this monument of his gratitude to the memory of the best of friends."

"Memoriae Edwardi Man, vere generosi, verissimè christiani, cum in transmarinis mercator emporiis, in publico ecclesiarum senior con­sultissimus moderamine: in secretioribus nobilis hujus Novi Castri con­ciliis sidelissimè diu laborasset ΓΡΑΜΜΑΤΕΥΣ. Decemb. 9, anno 1654, requievit in Domino.

[Page 287]

Dimetrum hoc ΕΠΙΤΑΦΙΟΝ sacrat W. C.

Sub isto jacet marmore
Vir inter viros optimus
Haud nosse fas est titulus
Cognominis alicujus
Qui sic quadrat et convenit.
Quid sibi vult Edwardus hoc
Vocatus Camden referat
Nomen utcunque conspicis
Unum si vir ô proxima
Constituant epitheton*
Vir genii suavissimi
Vir pregnans in acumine
Cui ΓΝΗSΙΟΝ ingenium
Fuit velut fons ebulliens
Quam placida dulcedine
Vir liberalis spiritus
Vir publica propositi
Cujus acta et concilia
Boni semper ambicrunt
Privato quid sublimius?
Vir semper idem si nòsti
Tempus hoc mirabile
Vir vere fuit arcticus
Ut polus sic immobilis
In publica vertigine
Viscerum vir inopibus
Amicis amicissimus
Vir verè pater famili
Desperat nostra ambitio
Amantem sic univocè.
Vir verè gratus populo
Vir generis deliciae
Humani, non amâsset hunc
Si quis hoc esset impii
Legitimum ΤΕΚΜΗΡΙΟΝ.
Ecclesiae vir senior
Et felix pars regiminis
Lugete tribunalia
Orbata viri placido
Et suavi moderamine.
Huic urbi valde nobili
Nobile suit ingenium
Si manum si vel oculum
Dixerim minus fallerem
Nam vere fuit omnia.
Sed quod longè felicius
Fuit pars aeternae foederis
Vir bonus cui religio
Suavissimum consortium
Et Christus scopus omnium.
Hunc in aeternum amplectitur
Et qui sic aegre anhelitans
Quaesivit vivus rivulos
Coelestes, nunc immergitur
Invisceratur fontibus."
*
Sic.
Sic.
Sic.

South Isle.

"In this isle," says Bourne, "opposite to the altar, against the wall of the church is a beautiful and curious monument of William Hall, Esq. sometime mayor of this town, and Jane his wife, which was erected in commemoration of them by Sir Alexander Hall, Knight, their only sur­viving son. At the top of the monument are the arms of the family, with an angel on each side of them. The body of the monument has on each side of it a pillar of the Corinthian order; between which is the representation of a desk with open books upon it, and he on the one side of it, and his wife on the other, in the posture of prayer, kneeling before it, with their folded hands upon the books: below this are the essigies of their children in the same posture; one of which is repre­sented kneeling alone, at one side of a desk, with an open book upon it; and other five on the other side of it, kneeling one after another. The former supposed to be designed for their son, the other for their daughters. Below is the following inscription: "Gulielmus Hall, Ar­miger, quondam major hujus villae, et Jana uxor ejus charissima: felici prole ditati, juxta hoc monumentum in Domino requiescunt. Ille vi­cesimo octavo die Julii anno Domini 1631, aetatis suae 63. Illa duo­decima die Augusti anno Domini 1613, aetatis 36. In quorum me­moriam Alexander Hall, Eques Auratus, unicus eorum filius superstes hoc merito posuit."

"William Bonner, sometime sheriff of this town, Jan. 22, 1626."

"James Coward, glasier."

"William Grey, Esq. 1707."

"George Dawson, alderman."

"Edward Johnson, alderman and sometime mayor, March 12, 1726, aged 69."

"Jesu have mercy on the sowlle of Edward Surtis, merchant-adven­turer."

"Thomas Gibson, mason, Feb. 7th, 1699."

"Pray for the sawlle of John Todd, mer. ad. and Elizabeth his wyfe, daughter was unto Wm — merchant and his children."

[Page 289]In this isle against one of the pillars a marble monument with this inscription: ‘"Memoriae Patricii Crowe d olim de Ashlington, Armigeri, cujus corpus haud procul marmore isto sepultum jacet. Obiit die Januarii tricesimo primo Anno Domini 1694."’

On a mural monument of elegant design and finely executed, above the vestry door: ‘"Sacred to the memory of Sarah Blackett e, who departed this life, July 14th, 1775, aged 35. This monument is erected in testimony of the tender remembrance of an affectionate husband, whose grief for the loss of an amiable wife can only find comfort in full assurance of that promised reward which virtue inherits in the regions of immortality.’ Mess. Fishers sculp. York." [Page 290] On a monument erected against the south wall of St. Nicholas' church, a little west of the vestry door.

"In Saint George's porch are interred the remains of Matthew Duane, of Lincoln's Inn, London, Esq. Fellow of the Royal and Antiquarian Societies, and a Trustee of the British Museum.

"He was of great eminence in the knowledge of the law, and of the strictest integrity and liberality in the practice of it, at the same time the friend and patron of the polite and fine arts, and particularly distin­guished by his singular skill, judgment and taste in chusing and collecting a most complete series of Syrian, Phoenician, Grecian, Roman and other coins, now deposited in the museum of the late William Hunter, M. D. for the illustration and confirmation of history.

"The virtues of his heart were equal to the endowments of his mind; justice, benevolence and charity dictated his sentiments in promoting the happiness of mankind.

"He died the sixth of February MDCCLXXXV. aged LXXVIII. In testimony of her affection and sincere esteem his widow erected this monument to his memory."

"Mr. Chapman's stone.—Mr. Wilkinson's place—Henry Chapman, merchant-adventurer, and sometime mayor of this town: Roger de­parted 1592—Jane 1592—Susannah 1599—Thomas 1602."

"Michael Kirlair, mer. ad. 31 July, 1620."

"Thomas Bowes, mer. ad. He departed 1593—his wife Agnes, 1624."

"Henry Bowes, mer. ad."

"Robert Bower, mer. ad. 1621."

"William Johnson, alderman, and sometime mayor, departed 1678."

"Robert Ledgard, draper."

"William Sheerwood, mer. ad."

(This is now the burial place of Alderman Sowerbie.—Bourne.)

"Humphry Pibus, mer. ad. April 1691. His daughter Elizabeth was the wife of John March, vicar of this town. She departed in April 1680—He the 2d of December 1692."

"Robert Hessilrigg, March 28th, 1728."

"Richard Wright, sheriff, 1671."

(This is now the burial place of Mr. Roger Wilson, merchant.—Bourne.)

[Page 291]A stone, dated 1531.

"William Jackson, sometime sheriff, 1630."

Opposite to Maddison's monument, a small square mural one, with much labour I recovered what follows of the inscription:

"Margaretta Thomae Ledgard, hujus villae
Tunc majoris charissima conjux
— mortalitate
Sursum recepta est 13 die Junii
Anno — Dei 1648."

Underneath lies the body of an unfortunate young officer of the name of Montgomery, who was accidentally killed by a fowling-piece, when out on a shooting party near Chester-le-Street, 1773.

Maddison's f monument, which still remains.

This monument is of marble, which has been painted g and gilded [Page 292] since its first erection—it is assixed to a pillar on the north side of the south isle. At top are the images of Faith, Hope and Charity, with their usual attributes. Below these are the statues of three persons of each sex, in suppliant attitudes, and on their knees. The two on each side of the desk in front are evidently meant for Henry Maddison and Elizabeth his wife, the daughter of Robert Barker.—Above their heads a shield— Maddison impaling Barker—He is represented in the habit of an alder­man of Newcastle. The two figures behind them on the west side re­present old Lionel Maddison, also an alderman of that town, who mar­ried a Seymour.—Above them a shield—Maddison impaling Seymour. The figures on the east side seem intended for Sir Lionel Maddison (knighted by King Charles I. whom he entertained at dinner June 4th, 1633), and his wife, who must have been a Hall—Maddison impaling Hall, on a coat of arms above, with the helmet of a knight, with the crest of Marley, which I find was granted to him, with liberty to quar­ter the arms of Marley, by Le Neve, norroy king at arms, June 5th, 1635, the crest of Maddison being a lion's head erazed, as it appeared on an adjacent grave-stone. I suppose this Sir Lionel to have erected the monument, having modestly left a compartment without any in­scription [Page 293] on that side, which his descendants have never filled up.— Indeed as he deserted the royal cause, he would therefore be an unpo­pular character after the restoration.

"Lionel Maddison, mer. ad. mayor of this town, July 1624."

"Jane Tempest, wife of William Tempest, Esq. second son of Sir Nicholas Tempest, Knt. and Bart. and daughter to Henry Maddison, sometime mayor, departed 29 December, 1616. Aetat. 20."

"Barbara Maddison, daughter of the said Henry Maddison, 1627, aged 17 years."

On Mr. Forster's stone.

"I've kept the faith, a good fight fought have I;
My God and sovereign serv'd here quartered lie;
With dust disbanded till the last trump hence
Rally these atombs by its influence,
Then with the loyal bands receive I may
A crown of glory for the general pay."
Epitaph of Thomas Loraine, Esq. About the border.

"Hic jacet Thomas Loraine, olim de Kirkharle, Armiger, qui obiit vicesimo quarto die Octobris, aetatis suae 35, anno Domini 1649."

Upon the copper-plate.

"Ite precor, Musae, vos et dolor iste requirit,
Iste labor; circum tempora taxus eat;
Plangite solicitis moerentia pectora palmis;
Rumpat et ornatus quique ....... suos
Publica quippe vocat clamantia * publica virtus
Hujus erat ...... hic dolor ..... minor
Fata magistratum rapiunt cum ferrea regnum
Debilitant mundum cum rapuere bonos
Et bonus et laurus modo cum decesserit orbis
Non satis ad stetus, si lachrimarit, erit."
Arms on stones: Weldon—Christ. Brigham.

ST. MARY'S PORCH:

Now converted into a place where the daily prayers are read.

"P. M.

Alexandri Davison Equitis Aurati et Annae siliae Radulphi Cocke ejus conjugis charissimae: Ex qua filios quinque Thomam Equitem Auratum, Radulphum Davison de Thornley, Samuelem Davison de Wingate-Grange, Josephum centurionem cordatum (in hujus oppidi contra Scotos rebelles propugnatione strenuè ad mortem usque dimicantem hic juxta tu­mulatum) Edwardum mercatorem caelibem defunctum; filias etiam binas, ‘Barbaram primo Radulpho Calverley, Deinde Thomae Riddell de Fenham in comitatu Northumbriae Equiti­bus Auratis, Ac Margaretam Henrico Lampton Armigero enuptas, suscitavit. Qui quidem Alexander, grassante tunc conjuratione perfidissima, optimo Regi, causaeque regiae semper fidelissimus’

Gravem rei familiaris jacturam maximo animo perpessus, tandemque in hujus Novi Castri obsidione cum Scotorum rebellium exercitu irruenti magnanimiter confligens, novissimum spiritum (octo­genarius fere) fortiter effudit, undecimo die mensis Novembris anno ab incarnatione Domini 1644.

Hoc monumentum posuit Thomas primogenitus Eques Auratus."

"M. S. Egregio adolescenti Thomae Hamiltono, animi indole, forma corporis & robore prae caeteris insigni, Domini Patricii Hamiltonii a Preston filio dignissimo a nobilissima familia Haddingtonia oriundo, centurioni sub Domino Alexandro Leslaeo exercitus Scoticani foederis imperatore, excellentissimo Domino Alex. Hamiltono rei tormentariae praefectus, avunculus moerens posuit. Cum totius exercitus planctu maximo obiit anno Domini 1640, Octobris 29. Aetatis suae 20."

The motto of the coat of arms above. "Mihi palma cupressus."

The arms of Wallis on a stone in the east wall of this porch.

Sir Richard Stote's burial place.

"Quinto die Februarii anno 1615 Richardus Stote quondam hu­jus villae mercator obiit. Decimo sexto die Aprilis anno 1589 Helli­nor uxor ejus secunda ex hac vita decessit.

"In sacra memoria parentum suorum Edwardus Stote hoc monu­mentum posuit.

"Richardus Stote, Miles, serviens Domini Regis Caroli secundi ad legem, obiit vicesimo quinto die Decembris anno Domini 1682."

On a stone, Bulmar, apothecary—Cut in stone against the west wall different quarterings of Grey, Riddell, Lawson, Cramlington, and two unknown. Motto, "Sto firmiter in petra."—Another near it— Grey and Riddell quarterly impaling.....

Under the south window of this porch lie the effigies of a man in stone at full length, with his legs across, and his dog at his feet, having a shield of arms and a sword. "This," says Bourne, "we are informed was the fashion of burying those only who took upon them the cross, and were marked with the badge of the cross for sacred warfare in reco­vering the Holy Land from the Turks. He is supposed to have been one of the family of the Scroopes." There is a bend on the shield.

See, concerning cross-legged figures, Lethieullier's Observations on Sepulchral Monuments, in the Archaeologia, vol. ii. p. 291 & seq.

Some have supposed this to have been the effigies of the founder of the chantry.—Peter de Mauley, a noble baron, who bore, according to Guillim, or, a bend sable, was in the 42d of Edward III. joined with the Bishop of Durham, and some others, for guarding the east marches— also 43 Edward III. and in the 3d of Richard II. with the Earl of Northumberland and others.—He died March 19th, 6 Richard II.— See Dugdale's Baronage, tom. i. p. 735. As warden of the east marches he would probably reside at Newcastle, where also he might die, and be buried in this church.—However that may be, his arms correspond exactly with those on the shield of the cross-legged figure in this porch.

Coats of arms on grave-stones: Lawson quartering Warmouth; Isaacson impaling Lawson; Roddam impaling.....; Emmerson im­paling [Page 296] three wives, of the names of Shafto, Lawson and Sanderson.— Coates—Stote impaling Bertram—Fulthorp impaling Emmerson—Er­rington impaling Ewbanks.

"Near this place is interred the body of Joseph Huddleston, late citizen and fishmonger of London (second son of Andrew Huddle­ston, of Hutton John in the county of Cumberland, Esq.) who de­parted this life the 14th of June, anno Domini 1679. He married Mary daughter of John Emmerson, merchant, sometime mayor of this town, and by her had issue Joseph (who died in his infancy), and Do­rothy, who survives."

"John Lawson, Esq. of Cramlington in the county of Northumber­land, 5th Nov. 1680."

"Anthony Isaacson, Esq."

"Robert Roddam, alderman and sometime mayor of this town, July 1682. Jonathan his son, sometime mayor of Newcastle, died 21st August 1712. He left issue by Jane his wife a son and a daughter."

"The burial place of Paul Cook, joyner."

"John Emmerson, sometime mayor, died" —

"Thomas Jennison, sometime mayor, departed December anno 1676."

"Isabel Riddel, 1663."

"Richard Huddleston and Elizabeth his wife; he died June 1707; she 1730, aged 82 years."

"Christopher Nicholson, alderman, departed 29th September 1670, in the 68th year of his age."

Against the wall a monument of Michael Weldon, son of Michael Weldon, of Weldon, Esq. and Sarah his wife, who departed this life 3d April 1680.

ST. MARGARET'S CHANTRY.

Burial place of Bewick Family.

On a monument of variegated marble.

H. S. E.
Vir moribus integer fide Christianus
Robertus Bewicke,
[Page 297]De Close-House in agro Northumbriae, Eques Auratus,
Qui provinciam publicam favore Regis insignitam et sibi
Et patriae honorificè administravit,
Qui domesticae officiis vitae tam aequo benignoque
animo satisfecit,
ut omnibus desideratus decessit,
Uxori autem desideratissimus,
Quae marmor hoc parvulum quoddam amoris sui pignus
pie et moerenter
P. C.
Filiis duobus filiabusque septem
Superstitibus. Obiit 3o die Septembris 1771,
Aetatis 44.

"Hic sepultum jacet corpus Gulielmi Bewicke, filii Roberti Bewicke, Armigeri, primogeniti, qui cum Elizabetha Henrici Maddison, Armi­geri, filia matrimonio conjunctus binos filios filiasque tres ex illa susce­pit: Et postquam ad tricesimum octavum aetatis suae annum pervenisset animum suum 22 die Februarii religiose expiravit anno Domini 1636." —Arms, Bewick, with the difference of eldest son, impaling Maddison.

"Here lieth interred the bodies of Robert Bewicke, merchant-ad­venturer and twice mayor of this towne, and also high sheriff of the county of Northumberland, and Ellenor his wife.—He departed this life the 15th day of March, 1641. She departed this life the 1st of June, 1661."

"Jane Bewicke, the wife of Thomas Bewicke, Esq.—She departed this life the 9th of August, 1682. Thomas Bewicke, Esq. departed this life the 17th of November, 1690. Robert Bewicke, Esq. departed this life the 9th of January, 1703-4."

Near Bewick's porch.

"The burial place of John Butler, merchant-adventurer, and some­times sheriffe of this towne, and his wives Ann and Isabel, and their children. He departed January 12th, 1695-6. Ann his wife, 14th June, 1655."

Henry Lord Borthwick was buried near the south-west door of this church. See "Annals and Historical Events."

[Page 298]West end of the church.

"The burial place of William Errington, master and mariner."

"John Gill."

"William Boutflower."

In the middle isle.

"The burial place of William Rutter, merchant-adventurer."

At the east end of the middle isle.

"Richard Wright, merchant-adventurer, and sometime sheriff, de­parted this life 5th of May, 1671."

"Cuthbert Ellison, merchant-adventurer." "Now" (says Bourne) "the burial place of Mr. Richard Wall, descended from the elder brother of Robert and Benjamin Ellison."

"The burial place of Robert Ellison, merchant-adventurer, sometime sheriff: he died January 12th, 1677."

"The burial place of Benjamin Ellison, who departed this life 25th June, 1676."

"Abraham Anderson, merchant."

"Joseph Ellison, merchant, who dyed 21st of January, 1686."

Cross isle.

"Richard Wright, sheriff, ob. May 5th, 1671."

ST. GEORGE'S PORCH.

"Samuel Gill, Esq. who died 26th October, 1720."

"William Warriner 1706."

"— Marlay, Esq. 1676." "Now" (says Bourne) "Mr. Perith's."

"Another of John Marlay, merchant, who departed October 16, 1561.

"Under which lies also William Marlay, who departed 16th Jan. 1609.

"And also Sir John Marlay, Knight, son of William, who had been five times mayor, and departed anno 1673, aged 83 years and 3 days."

"Jesu have mercy on George Byrdes soul" on the border of Matfen's stone.

"Matthew Matsen, merchant-adventurer, died 1st October, 1697."

[Page 299]"Timothy Robson, alderman, twice mayor, departed 30th Decem­ber, 1700."

"The burial place of George Heron, merchant."—On the top of which stone was "Jesu have mercy on the soul of John Ord."

On the wall a handsome marble monument, with the following in­scription:

"Hic sitae sunt exuviae
Roberti Shafto, Equitis Aurati,
nec non ad legem servientis,
et hujus municipii propraetoris.
In desideratissimi patris memoriam
hoc marmor posuit unicus defuncti filius
Marcus Shafto de Whitworth
in comitatu Dunelmen' Arm'
Obiit Maii 21o,
A. D. 1705.
Vixit annos 72."

"Matthew Jefferson, sometime mayor of this town, departed March 1st, 1687."

"Matthew Newton obiit 1668."

On a mural monument.

"To the memory of William Peareth, Esq. of Uzworth-House in the county of Durham: a man of abilities and worth, whose ami­able qualities endeared him to his family and friends. He served this corporation with great assiduity and integrity as clerk of the town's chamber and alderman, near fifty years, always declining the office of mayor. He married in 1731 Ann, youngest daughter of Richard Jennens, Esq. of Warwickshire, by whom he had issue fifteen chil­dren: of these two sons survived him, William, and Richard Thomas; and six Daughters; Susannah, married to Henry Wight, Esq. of North­amptonshire; Elizabeth, Ann, Mary, Henrietta and Barbara. He died May the 20th, 1775, aged 72 years.

His widow, in testimony of her affection

And gratitude, caused this monument to be erected."

The arms are, quarterly, those of Peareth and Jackson (his mother [Page 300] having been a Jackson, of Chaitor's Haugh, com. Dunelm.), and on an escutcheon of pretence the coat of Jennens.

Monument—quarterly—Riddell or Grey and Surtees—Supporters, a mermaid with a looking-glass, and a naked man with a club.—On the old carved benches—Grey and Vescy—arms of Archdeacon—Creagh— Rogers—Archdeacon—and Whitaker in surtout.

In the north isle.

"Thomas Partis, tobacconist, who died 9th of May, 1684."

"The burial place of Roger Ive, citizen and stationer of London, who died 6th August, 1675."

"Roger Proctor, merchant-adventurer, who died 20th Nov. 1664." (Now, says Bourne, Mr. Malliburne's burial place.)

"John Winship, tanner, 1607."

Against the north wall a monument of Major Robert Bugg, citizen and haberdasher of London, who died 22d of May, 1688.

"George Winfield, merchant-adventurer, alderman and twice mayor, died 18th Nov. 1684."

"Michael Hall, gentleman, 25th July, 1647."

"Nicholas Stricker, who died August 5th, 1689."

"Barbara Riddell, wife of William Riddell, merchant, and some­times mayor, 1627."

"Mark Shafto."

Mural monument, north-wall. "In St. George's porch lie interred the remains of Mrs. Barbara Dawson, the widow of Mr. Thomas Dawson. She died in the year 1736, aged 38 years. And of Mrs. Susannah Peareth, her sister, who died in the year 1769, aged 71 years. Both were the daughters of Henry Peareth, Esq. by Elizabeth Jackson his wife. This monument of filial duty and respect for one of the best of mothers, and a sincere regard [Page 301] for an affectionate aunt, was erected by Dorothy, daughter of the said Barbara Dawson, and wife of Matthew Duane, Esq. in the year 1776." Arms—Dawson impaling Peareth.

Escutcheons of arms affixed to north wall: Mrs. Davison—Mr. Weatherly—Mrs. Wrightson—Mrs. Brookesby—Mr. Procter.

VICARS OF ST NICHOLAS IN NEWCASTLE UPON TYNE h.

RICHARD de Aurea Valle, or Goldburn i, was parson of this church in the time of King Henry the First, as was

Gilbert de Lacy in the time of Henry the Third k.

[Page 302]William de Burdone was vicar in the year 1316—He occurs also in 1327 l.

Master John de Herlaw was vicar in 1342 m.

Matthew de Bolton was vicar in 1353 n.

Henry Headlam was vicar here 10 Ric. II. A. D. 1386 o.

Nicholas de S ....... occurs as vicar October 10th, 1401 p.

Roger de Thresk was vicar before 1418 q.

William Glyn was instituted to this vicarage January 20th, 1418. He exchanged with the above Thresk for the vicarage of St. Michael's, Coventry r.

John de Heyworth was made vicar A. D. 1436, on an exchange with Glyn s.

Thomas Harelred was vicar before 1494 t.

[Page 303]John Deye, D. D. succeeded T. Harelred.—He occurs as vicar at the feast of St. Cuthbert, in March, 1494 u.

William Fell was vicar before 1499 v.

John Sanderson was vicar before the year 1532 w.

John Heryn, L. L. D. occurs as vicar in 1536. Also in 1541. He had obtained a licence, which never took effect, to resign his vicarage to Nicholas Morrey, L. L. B. with a pension reserved to himself. He died A. D. 1543 x.

Henry Aglionbye, S. T. P. was instituted to this vicarage Novem­ber 15th, 1543, on the death of Heryn.—He was deprived on account of his not paying his tenths to the King y.

William Purye, A. M. was instituted July 15th, 1549, on the va­cancy occasioned by Aglionby's deprivation z.

William Salkeld, A. M. was vicar about 1553.—He was buried in the chancel of this church, August 25th, 1568 a.

John Magbrey, clerk, was instituted to this vicarage November 13th, 1568.—He was buried here, November 16th, 1584 b.

[Page 304]Richard Holdsworth, clerk, was instituted to this vicarage August 10th, 1585, and buried in the church of St. Nicholas, September 5th, 1596 c.

William Morton, S. T. P. was preferred to this vicarage on the death of R. Holdsworth, and was buried in St. Nicholas' church, July 26th, 1620. In St. Nicholas' Register, January 1601, he occurs with the title of "Archdeacon of Northumberland;" and in the same re­gister, April 1604, he is called, "Archdeacon of Durham d."

Henry Power, A. M. was inducted to this vicarage September [Page 305] 23d, 1620 e. He was buried in this church September 3d, 1623 f.

Thomas Jackson, S. T. P. was instituted to this vicarage November 27th, 1623, which he resigned in 1630. He was sworn president of Corpus-Christi College, Oxford, February 17th, 1630.—He died September or December 21, 1640, and was buried in the inner-chapel of that college g.

Yelderd Alvey, S. T. P. was preferred to this vicarage on the re­moval of Dr. Jackson to Oxford, in 1630. By the title of A. M. of Trinity-College, Oxford, a licence was granted him to preach in the town of Newcastle.—He was collated to the vicarage of Eglingham December 10th, 1627.—He was deposed from this vicarage May 26, 1645, by an order of the Lords and Commons, and was buried in this church March 19th, 1648 h.

[Page 306]Robert Jennison, D. D. by a resolution of the House of Commons, dated Dec. 5th, 1644, was appointed to the vicarage of Newcastle, in the place of Y. Alvey, removed for his delinquency i.

By an order of the common-council of Newcastle, dated July 21st, 1645 k, Dr. Jennison, who had been called from Dantzick, and placed as vicar here, was allowed a salary of 100l. per annum, and ap­pointed Thursday's lecturer.—By an order of the same body, February 20th, 1645-6, his salary was augmented to 140l. per annum l.

Dr. Jennison died November 6th, 1652, and was buried in this church on the 8th following.

He wrote a book "concerning the Idolatry of the Israelites;" also, "Newcastle's Call to her Neighbour and Sister Townes and Cities throughout the Land," &c. London, 1637, 12mo, occasioned by the pestilence.—He had been suspended from a lectureship at All-Saints m.

November 5th, 1652, there was an order of common-council to appoint Mr. Samuel Hammond to preach at St. Nicholas' on Sunday forenoons, and to lecture on Thursdays, with an annual salary of 150l. He was of the sect called "The Congregational Judgment." [Page 307] He would not conform at the restoration n. S. Hammond is said to have been succeeded here by John Knightbridge o.

Thomas Nailer, A. M. was instituted to this vicarage, February 9th, 1662 p, with the salary of 100l. per annum. By an order of the common-council, January 18th, 1675, the vicar's stipend from the corporation of Newcastle was settled to be, in future, 60l. per annum, with 10l. more for sermons on Thursday's lecture.

Mr. Nailer was buried in this church April 15th, 1679.

John March, B. D. occurs June 25th, 1679 q; salary from the cor­poration [Page 308] 60l. per annum, with 10l. for his turns on Thursday's lec­tures, "by the unanimous consent of the patron and others concerned in the donation." March 30th, 1682, this salary from the corpora­tion was increased to 90l. per annum.

Mr. March died December 2d, 1692, and was buried, on the 4th following, in this church. There is an engraved portrait of him.

Leonard Welstead was inducted to this vicarage in February, 1693. He came in by option r. Mr. Welstead died November 13th, 1694, and was buried on the 15th following, in the chancel of this churchs.

Nathanael Ellison, D. D. was appointed vicar of this church April 30th, 1695. With consent of the patron, his salary from the corporation to be 80l. per annum, with 10l. more for Thursday's lectures t.

He had been installed archdeacon of Stafford July 14th, 1682. He was besides rector of Whitburn in the county of Durham, had a [Page 309] prebend in the church of Durham, and was also a prebendary of Litchfield.

In the year 1700 he published, at London, a sermon preached be­fore the mayor and magistrates of the town of Newcastle, in this church, October 8th, 1699, on the Sunday after the election of the mayor, intitled, "The Magistrate's Obligation to punish Vice."

A. D. 1701, his sermon on confirmation, preached June 23d, 1700, before the Lord Crew, Bishop of Durham (who made him his chap­lain), at St. Nicholas' church in Newcastle, was printed at London.

In the year 1710 he printed a sermon at London, which was preached at All-Saints church in Newcastle, on All-Saints day, 1709, at the opening of a charity-school in that parish. It is intitled, "The Obligations and Opportunities of doing good to the Poor," quarto; with an appendix, giving an account of some charities to the poor.

October 7th, 1712, Henry Reay, Esq. mayor, with the recorder and aldermen of Newcastle, wrote a letter of thanks to Lord Crew, Bishop of Durham, on his Lordship's promoting Dr. Ellison to a pre­bend in the church of Durhamu. He died May 4th, 1721, aged [Page 310] sixty-four years, and was buried on the 7th following, under the east window of the south isle of this church.

William Bradford, A. M. and aged twenty-five years, was inducted to this vicarage August 2d, 1728 He was fellow of Bennet-College, Cambridge, and was presented by his father, Samuel, Bishop of Car­lisle. A little before his death, which was occasioned by a fever, and happened at Bromley in Kent, he was preferred to the archdeaconry of Rochester. He died July 15th, 1728, in the thirty-second year of his age, and was buried in Westminster-abbey v.

Thomas Turner, A. M. w of St. John's College, Cambridge, was inducted to this vicarage August 2d, 1728. He came in by option, having been presented by the executors of Sir William Dawes, Arch­bishop of York.

He married Martha, daughter of Francis Winnington, of Broadway, in the county of Worcester, Esq. who survived her husband, and was buried in this church September 22d, 1771, aged 74 years.

He died in the 57th year of his age, June 1st, 1760, and was bu­ried in the chancel of St. Nicholas'.

There is a portrait of him in the possession of Mr. Thomas Gaul, wine-merchant in Newcastle, who married his niece.

John Brown, D. D. was inducted to the vicarage of Newcastle upon Tyne January 6th, 1761. He had been collated, in 1752, to the vicarage of Lazonby in Cumberland, by Dr. Osbaldiston, Bishop of Carlisle: this he resigned in 1756 or 1757, on being presented to the [Page 311] rectory of Horksley, in Essex, by Jemima Campbell, Marchioness de Grey, and the Honourable Philip Yorke, Esq. afterwards Lord Viscount Royston. This too he vacated on becoming vicar of Newcastle x.

This ingenious writer both in verse and prose died by an act of sui­cide, September 23d, 1766, at his lodgings in Pall-Mall, London. He was on his way to the court of Petersburgh, whither he had been invited by the Empress of Russia, to frame a new code of laws for that great empire.

See his life, with an account of his writings, in Dr. Kippis's new edition of the Biographia Britannica.

Richard Fawcett, D. D. was inducted to this vicarage January 3d, 1767 y. He was the son of John Fawcett, Esq. late recorder of Dur­ham, who died October 20th, 1760, aged above 80 years.—Dr. Faw­cett had been fellow of Corpus-Christi College, Oxford—A. M. Feb. 7th, 1737—B. D. April 29, 1745—D. D. November 17th, 1748. —Also rector of Ingelstree and Church-Eyton, in the county of Staf­ford—one of the King's chaplains in ordinary—chaplain also to John, Lord Bishop of Durham, by whom he was collated, A. D. 1772, to the rectory of Gateshead, which he held by a dispensation with this vicarage.

He was also a prebendary of Durham, where, at his house in the college, he died, April 30th, 1782.

Dr. Law, son of the Bishop of Carlisle, was appointed, on the death of Dr. Fawcett, to the vicarage of Newcastle, but was never [Page 312] inducted, as he was then in Ireland, attending as chaplain to the Duke of Portland, where, having been promoted to the see of Clonfort, Ste­phen Lushington, A. M. his brother in law, was nominated to this vicarage, and inducted Saturday, August 10th, 1782.

AFTERNOON LECTURERS AT ST. NICHOLAS'S.

WILLIAM PEIRSON occurs A. D. 1604z.

Thomas Stephenson is mentioned as lecturer here Aug. 31st, 1634 a.

—He resigned his lectureship December 9th, 1639 b.

John Bewick, A. M. was appointed to succeed himc.

May 12th, 1643, Dr. Wiseheart, or Wishart, was appointed to this lectured.

There is an order of common-council, May 30th, 1645, for ap­pointing [Page 313] Mr. Cuthbert Sydenham and Mr. William Durante to this lecture, the former with a salary of 100l. and the latter with one of 80l. per annumf.

July 5th, 1647, Mr. Sydenham was settled singly at St. Nicholas on Sunday afternoons, with a salary of 100l. per annumg. April 5th, 1648, there was an addition of 40l. more to his stipend from the cor­poration h.

March 20th, 1656, there was an order of common-council for Mr. John Tilsley, "of the presbyterian judgment," to preach here every Lord's day in the afternoon, and once a month in the forenoon, at the monthly sacrament, with a salary of 150l. per annumi.

March 2d, 1657, Mr. Tilsley having removed into Lancashire, and "the elders and others of Nicholas' having given a call to Mr John Knightbridge, fellow of Peter-House, Cambridge," there is an order of common-council appointing him to preach on Sunday afternoons, and once a month in the forenoon at the monthly sacrament, also on other solemn days, with a salary of 150l. per annum k.

Dr Wiseheart occurs again about 1660l.

[Page 314]August 27th, 1662, on the removal of Dr. Wiseheart to the bishop­rick of Edinburgh, John Bewick, A. M. was appointed to this lecture, with a salary of 150l. per annum, for preaching on Sunday afternoons and holidays m.

July 27th, 1671, Mr. William Mair or Mayer, was appointed to this lecture, on the death of J. Bewick—salary only 80l. for the same duty.—This was advanced, January 18th, 1674, to ninety pounds per annum n.

August 30th, 1676, Mr. John March, a conformist, afterwards vicar, was appointed to this lectureship on the removal of W. Mayer to All Saints o.

June 25th, 1679, Mr. John Rawlett was appointed to this lecture­ship, on the removal of Mr. March to the vicarage, with a salary of 90l. but raised March 30th, 1682, to 120l. per annum. He died Sept. 28th, and was buried Sept. 30th, 1686, in this church—aged 44 years p.

[Page 315]October 4th, 1686, Jonathan Davison, B. D. was appointed to this lectureship, with a salary of 120l. per annum, on the death of J. Rawlett q.

Dec. 2d, 1687, George Tully, A. M. was appointed to this lecture­ship.—He died April 24th, 1695 r.

In the year 1695 Mr. (afterwards Dr.) Robert Thomlinson was ap­pointed to this lectureship, on the death of G. Tully—the salary 120l. per annum. He was rector of Whickham A. D. 1712, and preben­dary of St. Paul's.—He died March 24th, 1748, aged 79 years s.

March 7th, 1724, Thomas Dockwray, A. M. of St. John's Col­lege, Cambridge, was appointed lecturer of St. Nicholas', on the re­signation of Dr. Thomlinson t.

A. D. 1752 Thomas Dockwray, A. M. (afterwards D. D.) fellow of St. John's College, Cambridge, was appointed to this lectureship on the resignation of his uncle, Dec. 20th, that year, with a salary of 100l. per annum, and March 26th, 1753, to the holiday lecture, with a salary of 20l. per annum.—He died Sunday, December 14th, 1783 u.

[Page 316]Dec. 17th, 1783, Henry Ridley, A. M. late fellow of University College, Oxford, was appointed afternoon and holiday lecturer of St. Nicholas', on the death of Dr. Dockwray. The brother of Sir Matthew White Ridley, Bart.

CURATES OF ST. NICHOLAS' v.

THE vicar's assistant, or curate, is styled in an ancient writing, "The Parish Priest w."

Sir Hugh of Arnecliffe occurs as curate here April 18th, 1366, and June 10th, 1367 x.

Alan Whitehead, A. D. 1369 y.

John de Skyndilby, 1380 z.

John Mitford, 1424 a.

Sir Thomas Arthur occurs October 8th, 1499 b.

Thomas Key, curate, is mentioned in the parish register A. D. 1577.—He died January 25th, 1585 c.

Mr. Cuthbert Ewbancke, curate, occurs May, 1595. (Ibid.)

William Peirson is mentioned May 20th, 1604. Ibid. See account of Lecturers.

Christopher Forster occurs A. D. 1622 and 1633 d.

Thomas Turner—ejected A. D. 1645 e.

[Page 317]Nicholas Stote occurs A. D. 1663 f. Cuthbert Stote is mentioned in the parish register, March 2d, 1660. Quaere if different persons?

Ralph Astell, A. M. occurs A. D. 1667 g.

William Drake, A. M. occurs A. D. 1678 h.

Francis Woodmass, A. M. was appointed June 27th, 1693 i.

Michael Fenwick, A. M. occurs as curate of St. Nicholas' A. D. 1697 k.

Edmond Lodge, A. D. 1706.—Removed, Sept. 26th, 1715, to the mastership of the grammar-school l.

John Cowling, A. M. of Peter-House, Cambridge, was appointed Sept. 26th, 1715, on the removal of E. Lodge m.

[Page 318]William Wilkinson, A. M. of Christ's College, Cambridge, was ap­pointed on the death of J. Cowling, A. D. 1739 n.

December 20th, 1756, Richard Brewster, A. M. was appointed on the removal of W. Wilkinson.—He was afterwards made vicar of Heighington in the county of Durham o.

June 17th, 1762, Cuthbert Wilson, A. M. of Queen's College, Oxford, on the resignation of R. Brewster p.

CHAPELS OF EASE TO ST. NICHOLAS. BRIDGE-END CHAPEL.

FOR the ancient account of this place, see the history of St. Thomas' Chapel and the Magdalen Hospital.

After having been beautified and pewed, it was on Sunday, Sept. 10th, 1732 (the whole body of the magistrates of Newcastle coming to it with the usual solemnities and formalities), set apart by the corpo­ration of that town for a chapel of ease to the church of St. Nicholas q.

There is an order of common-council, June 15th, 1732, appoint­ing Mr. Richard Cuthbert and Mr. N. Clayton to read prayers and preach alternately in this chapel, in the Sunday afternoons r. The [Page 319] Rev. Mr. Cowling was appointed to have the master of the hospital's share of the revenues for reading prayers and preaching at the said chapel every Sunday in the forenoon, and reading prayers there every Wednesday and Friday s.

May 6th, 1736, Mr. T. Maddison, on the removal of R. Cuthbert —same alternate duty—salary 10l. t.

At the same time Mr. John Thompson appointed on the removal of N. Clayton—same duty and salary as above u.

October 8th, 1739, Mr. Henry Featherstonehaugh morning lecturer, on the death of J. Cowling v.

Dec. 20th, 1756, Mr. John Ellison, of St. Nicholas', appointed to read weekly prayers here, on the resignation of R. Brewster, who had been Mr. Featherstonehaugh's deputy w.

Dec. 21st, 1761, Richard Brewster, A. M. appointed alternate af­ternoon lecturer on the death of J. Thompson x.

June 21st, 1764, Mr. Cuthbert Wilson, of Gateshead, was appointed alternate afternoon lecturer, on the resignation of T. Maddison y.

Dec. 17th, 1772, on the death of R. Brewster, and resignation of C. Wilson, Mr. William Hall was appointed sole afternoon lecturer at St. Thomas' chapel—salary 20l. per annum z.

July 7th, 1773, Mr. Emanuel Potter was appointed sole afternoon lecturer at St. Thomas's, on the removal of W. Hall to St. Ann's a.

Mr. Nathanael Clayton was appointed morning lecturer at this cha­pel, on the death of H. Featherstonehaugh b.

SOUTH-GOSFORTH, OR GOSFORD, A CHAPEL OF EASE TO ST. NICHOLAS'.

ROBERT LISLE, of Gosford, gave to his son, Otwell Lisle, with Isabel his wife, in frank marriage, South-Gosford, with the advowson of the church and the miln, &c.

This Robert Lisle married the daughter of Richard Canvill, who, with consent of his wife, gave him Gosford in Northumberland, and King Henry II. by his charter, confirmed the gift c.

In the year 1377 disputes occur concerning the advowson of the church of South-Gosford, between the King, the Bishop and Prior of Carlisle, and Matthew Bolton, clerk, vicar of Newcastle d.

A. D. 1391 Sir Robert Lisle was presented with the lordship of Gosford, with the advowson of the church, with the mill, &c. by his elder brother Thomas Lisle. This Sir Robert Lisle, Knt. married Mary, one of the daughters and heirs of Aymer of Athol, uncle to David Strabolgie, Earl of Athol. This Adamar, or Aymer, of Athol lived at Jesmond, and was buried with his lady in the Trinity chapel, in St. Andrew's church, in Newcastle e.

March 20th, 1494, an agreement was made between Humphrey Lisle, Esq. and the vicar of Newcastle upon Tyne, when the former appears to have quitted his claim to the advowson of South-Gos­ford f.

Sir Edward Maxwell occurs as curate of South-Gosforth, August 5th, 1564 g; also March 5th, 1563.

Humphrey Sicomer occurs Feb. 1st, 1577; also in 1578 h.

[Page 321]Thomas Maslet occurs as curate July 6th, 1579 i.

Michael Frisell, A. D. 1580, and 1586 k.

Alexander Lighton in 1605 l.

Richard Cockburne, A. M. 1626 m.

— Thompson, 1658 n.

Henry Garnett, A. M. occurs as curate here A. D. 1665 o.

Master Alex. Reed before 1670. He was buried February 8th that year, at St. Nicholas' p.

William Musgrave occurs in September 1674 q.

Rev. Mr. Ellison—Mr. Clark r.

William Wilkinson, A. M. occurs July 18th, 1754.—Bishop's Visi­tation.

Richard Brewster, A. M. ibid. August 10th, 1758.

George Stevenson, clerk, present curate—on resignation of the above. —Duty every other Sunday morning.

NORTH-GOSFORTH CHAPEL.

THIS has been pulled down.—The chapel-yard remains, with se­veral grave-stones.

[Page 322]A clergyman, now alive at Newcastle, remembers to have read the burial service in it.

John Graunger occurs as curate February, 1577 s.

Umfrid' Sicomer, 1578.—He appears to have officiated at both Gosforths.

Tho. Maslet occurs July 6th, 1579 t.

Mich. Frisell, January 23d, 1580, and July 7th, 1586 u.

CRAMLINGTON CHAPEL v.

THIS is a chapel of ease to St. Nicholas', about eight miles distant from Newcastle.—It is dedicated to St. Nicholas w.—A perpetual cu­racy. Patrons by turns—Sir Matthew White Ridley, Bart. and — Lawson, formerly of Cramlington, Esq.

[Page 323]Chri. Palmer occurs as curate February 1st, 1577, and January 19th, 1578.— Barnes' Visitation.

Alex. Lighton, 1586.—Ibid.

Humphrey Green, clerk, licensed October 19th, 1621.

— Dickenson, — 1663.

John Potter, clerk, licensed September 1722. Died October 30th, 1763, aged 78. His patron was — Lawson, Esq.

George Stephenson, clerk.

William Alderson, clerk, occurs August 6th, 1766.—Bishop's Visita­tion.—Died October 2d, 1774, of an apoplectick fit at Cramlington.

John Brand, A. B of Lincoln-College, Oxford, presented October 6th, 1774. Patron, Matthew Ridley, Esq. of Heaton, pro hac vice.

John Falcon, A. B. curate of Gateshead, sub-curate, with a salary of 20l. per annum.

CHARITY OF THE SONS OF THE CLERGY.

THE charter of King Charles II. for erecting a corporation for the relief of the poor widows and children of clergymen, is dated July 1st, 1678. By this they are not permitted to purchase to above the value of 2000l. per annum. King George I. granted his royal licence, dated December 16th, 1714, to enable this corporation to make far­ther purchases, not to exceed the sum of 5000l. per annum. This is a general charity x.

The society of the Sons of the Clergy, belonging to the diocese of Durham, which is at present of so considerable extent, was in its origin a private appointment of a few gentlemen, who lamented the necessities of the descendants of this order, and thought a subscription would be a partial alleviation.

April 7th, 1709, an agreement was entered into by a number of gentlemen at Newcastle upon Tyne, to subscribe annually no less than [Page 324] five shillings each to this charity. They styled themselves the Society of Clergymen's Sons. Mr. Nathanael Clayton, merchant, and Mr. Deodatus Therlkeld occur among the first promoters of this very pious design, and were appointed the first stewards. They fixed their an­nual meetings to be on the first Monday in September in every year y. —The first was on September 5th, 1709, when the subscription amounted but to five pounds: so slender were the beginnings of this institution, the seeds of which may truly be said to have fallen on good ground, and produced an hundred fold.

September 14th, 1709, an attempt of the like kind appears to have been made in Northumberland, for the benefit of the two deaneries of Alnwick and Bambrough z.

September 10th, 1711, Dr. John Smith, prebendary of Durham, preached a sermon before them at St. Nicholas' church, in Newcastle upon Tyne, which was printed.—This was called their first solemn meeting, and the subscription this year amounted to 13l. 11s. a.

[Page 325]September 19th, 1712, Nicholas Burton, A. M. lecturer of St. Nicholas', Durham, preached before the society at Newcastle, and his sermon also was printed. A collection, for the first time, was made at church, amounting to 7l. 14s. 7 [...]d.—The subscription in all this year, 25l. 11s. 6d. b.

George Ritchell, clerk, lecturer of Hexham, by his will dated 14th June, 1717, lest forty shillings per annum to this society, payable out of lands at South-Nun-Bush, near Newbrugh in Northumberland c.

In 1725 the society at Newcastle, and the above, for the benefit of the two deaneries of Alnwick and Bambrough, were united d.

September 6th, 1731, Thomas Turner, A. M. vicar of Newcastle, preached before the society. The sermon was afterwards printed. The subscription this year, 213l. 18s. 6d. e.

Mrs. Elizabeth Rogers, by her will dated 15th December, 1733, be­queathed 10l. to the use of this society; as also 50l. more by an addi­tional clause f.

September 22d, 1737, Edmund Tew, D. D. rector of Boldon in the bishoprick of Durham, preached before this society in St. Ni­cholas' church, Newcastle, a sermon which was afterwards printed. The subscription this year was 251l. 14s. 3d. g.

October 23d, 1746, Thomas Sharp, D. D. archdeacon of Northum­berland, and prebendary of Durham, preached before this society at St. Nicholas', Newcastle, a sermon which also was afterwards printed. The subscription this year amounted to 195l. 14s. 10½d. h

September 6th, 1750, John Ellison, A. M. vicar of Bedlington, and lecturer of St. Andrew's in Newcastle upon Tyne, preached be­fore [Page 326] this society, ibid. a sermon which was afterwards printed. The subscription this year amounted to 242l. 8s. 3d. i.

September 4th, 1766, John Darch, B. D. fellow of Baliol-College in Oxford, and vicar of Long-Benton in Northumberland, preached ibid. before this society, a sermon which was afterwards printed. The subscription this year amounted to 298l. 16s. 7d. k.

In the year 1773 it was agreed upon that the anniversary meetings of this society should in future be held alternately at Durham and Newcastle. The first meeting held at Durham was in 1774 l.

Margaret Dongworth, of Old Elvet, Durham, spinster, by her last will, dated October 11th, 1775, bequeathed a thousand pounds to this charity, to be paid within twelve calendar months after her death, which happened on the 5th of July, 1779 m.

In the year 1780 this society appears to have had a fund of 1500l. put out at interest with the corporation of Newcastle at 4l. per cent. As also the farther sum of 500l. lent to the same body at 3½ per cent. the interest of both sums amounting to 77l. 10s. per annum n.

MIDDLE-STREET.

THIS street appears to have been called anciently Glover-Gate o, alias Middle-Street: Bourne says it bare formerly three names. The upper part of it was called Skinner-Gate, the lower Spurrier-Gate and Sadler-Gate.

Part of Flesh-Market, anciently inhabited by the principal mer­chants p of the town, was called Cloth-Market q, part of it Flesh-Mar­ket, and part Fish-Market r.—See account of Morden-Ward.—Many houses in it paid an annual rent to University-College in Oxford s.— Mention occurs of one A. D. 1304, near the church-yard, paying six shillings a year to that seminary.

Bourne tells us, that towards the south end of the Flesh-Market was a large cross, with a lead cistern at the top, to hold the water called the New-Water, which was pulled down about three years before he wrote his history t.

There is a narrow passage, leading from the Flesh-Market to Mosley-Street near the new play-house, called Drury-Lane.

At the foot of the Flesh-Market stands the cordwainer's meeting-house, called formerly "The spinn, or workhouse u."

[Page 328]A very great market for flesh is held in this street every Saturday, as are also two fairs, each for eight days every year, at Lammas and St. Luke's Mass v.

There has lately been a new street made to communicate with Pilgrim-Street, from the foot of the Flesh-Market, called, in compli­ment to the very worthy alderman of that name, "Mosley-Street," in which have been built a new play-house and a new post-office w.

Before A. D. 1688, the place of worship for Roman Catholicks at Newcastle was in a chapel down a court-yard in the Flesh-Market, adjoining to what is at present the White-Hart-Inn.

On the accession of King James II. the magistracy of Newcastle was composed of papists and protestants, conformists and non-con­formists; the cap, the mace, and the sword were one day carried to the church, another day to the mass-house, and on a third to the dis­senting meeting-housex.

[Page 329]January 28th, 1746, about one o'clock in the morning, a popish chapel at Gateshead was set on fire by the mob, assembled there to wait for the arrival of his Royal Highness the Duke of Cumberland, on his way to meet the rebel army.

An attack, equally cruel and unjustifiable, appears to have been made on the same occasion upon another Roman-catholic chapel at the Nuns, in Newcastle y.

A Mr. Walsh is said to have been priest at the chapel in Gateshead, which was afterwards removed to a house that once belonged to Sir John Marley, the celebrated loyalist, in the street called the Close.

The chapel in the Nuns was removed to a place, the entry to which is near the Black-Horse-Pant, in the Bigg-Market, where Mr. Cordell at present officiates.

The chapel in the Close has also been removed since that time to a house near the foot of West-Gate, at which Mr. Warilow is the present officiating priest.

From the head of the street called the Side, to about the middle of it, there is a very steep descent: this name is plainly derived from the cir­cumstance of its being erected on the side of a hill. About half-way down it becomes more than double its breadth in the steep descent. [Page 330] Bourne tells us, that the east side of the wider part was anciently called "Cordiner, or Cordwainer-Rawe z."

There was a postern, called the Eastern-Postern of the Castle, that communicated by a very narrow and steep flight of steps with the Side, a little above the middle of that street.—See account of the Castle.

A little above, on the opposite side, we descended by a small flight of steps into a short narrow lane, which communicated with the bottom of the street called Painter-Hugh. Bourne supposes that this was an­ciently called Swinburn-Place a. At the north end of this lane there was a place called Pencher-Place b. He adds, "perhaps the whole lane was called so."

It went up as far as the late Nether-Dean-Bridge c.

"Under this very high and ancient arch," he continues, "I am told the rings are still to be seen that the boats were fastened to, which [Page 331] brought up the merchant-goods, when the merchants had their shops in the Flesh-Market." This arch was lately taken down.

Lort, or Lork-Burn, up which, for a considerable way, the tide flowed formerly, made a division anciently in the lower part of the Side. This runner of water was covered over with stone, A. D. 1696 d.

On the north side of Lork-Burn, near the Sand-Hill, stood the Cale-Cross e, which Grey, in his Chorographia, describes as a "fair one, with columns of hewn stone covered with lead."

There was a cistern at the top of it within my remembrance, to hold what was then called the New-Water. It was taken down about No­vember 1773 f. It is sometimes, but erroneously, called Scale-Cross.

This cross was rebuilt, A. D. 1783, after a design of Mr. David Stevenson, architect.—The inscription as follows: "Sir Matthew White Ridley, Bart. mayor, Richard Bell, Esq. sheriff." Here conti­nue to be sold eggs, milk, cheese, butter, &c.

High-Friar-Chare, which leads from Newgate-Street, near the New-Gate, to Pilgrim-Street, has had its name to distinguish it from the other called the Low-Friar-Chare, lower down the street, and commu­nicating with West-Gate.

Adjoining to this street stood the house of Grey-Friars, or Minors, called also Franciscan-Friars.

[Page 332]They were one of the most eminent of the four orders of mendicants g. St. Francis, their founder, gave them one of their names.—They were called Grey Friars from the colour of their habit, and Minors through humility h. Their house in Newcastle is said to have been founded by the Carliols i, wealthy merchants in the time of King Henry III k.

Bourne, on the authority of ancient writings, observes that they were a regular and settled body, A. D. 1267.

At a general chapter of this order held at Narbone in France, A. D. 1258, it appeared that the English province had seven custodies, where­of the custody of Newcastle, containing nine convents, was one l.

A. D. 1284 Hugh of Newcastle, commonly called the Scholastic Doctor, flourished in this house m.

In the year 1299 the brethren of this house received of the King [Page 333] for their pittance of one day on his passing through Newcastle, by the hands of Walter de Whitborne, at Berwick, 15th of December, eleven shillings and four-pence, and for their pittance of two days on his coming to that town in the January following, by the hands of Thomas de Dunholme, twenty-two shillings and eight-pence n.

Dr. John Scot, usually called Duns Scotus, and the Subtle Doctor, entered the order of Minors in this house before A. D. 1300 o.

August 1st, 1322, the brethren of this house received eight shillings for their pittance of one day, and on the 14th of September following, eight shillings for the same by the King's almoner, on the King's arrival at Newcastle p.

[Page 334]A. D. 1336 Friar Martin of Alnwick died, and was buried in this convent, where he had taken the habit of a Franciscan, and from whence he was sent to Oxford, where he took a doctor's degree q.

December 6th, 1342, on a representation to King Edward III. then at Newcastle upon Tyne, by the warden and friars of this house, that they and their predecessors had long held a conduit of water, running to their convent, from a fountain called Seven-Head-Wells, which they had inclosed with stone, and put a door to, of which they were in possession of the key; but the fountain abounding with water, they had granted a part of it to the use of the public of that place, who abus­ing their favour had broken the conduit, diverted the course of the wa­ter, and hindered them from recovering it: the King granted them the sole use of this fountain, and empowered them a second time to inclose it, lock it up, and keep the key thereof, in the same manner as before the infringement of their exclusive rightr to the same.

[Page 335]A. D. 1350 Henry de Huda, an Englishman, occurs as provincial of England, and of the custody of Newcastle upon Tyne s.

March 23d, 1497, Thomas Baxter was ordained priest, John Cooke, John Esby, and William Hudson, subdeacons, and John de Macklinia and Francis de Macklinia, acolythists. They all belonged to this order and house—the two last are styled of the order of Friars Minors de ob­servanciat.

King Henry VII. who died A. D. 1509, some time in his reign ap­pears to have expelled the conventuals of this order from this house, and filled it with observants in their stead u.

In the year 1536 the house of Friars Minors in Newcastle was again made conventual v by King Henry the Eighth w.

[Page 336]It was prevailed x upon to surrender January 9th. 1539, at which time it consisted of John Crayforth, prior, eight friars and two no­vices y.

[Page 337]James Rokesby occurs as the keeper after the suppressionz.

The Franciscans having enjoyed nothing either in propriety or com­mon but a subsistence depending upon the charity of others, their house here had accordingly no rents, and there is on that account so small a value of it recorded at the suppression a.

Tanner informs us, in his Notitia Monastica, that this house, in 1545, was granted to the Earl of Essex, James Rokesby, and others.

The street called Upper-Dean-Bridge, or High-Bridge, to distin­guish it from the Nether or Low Bridge, conducts from the foot of the Bigg-Market to Pilgrim-Street. The corporation of Newcastle have lately made on the south side of part of it a covered place for a poultry market, which is held there accordingly every Saturday.

A meeting-house for dissenters was erected not many years ago in this street, of which Mr. James Murray was minister.—He published Sermons to Asses, The History of the American War, &c.—Died Ja­nuary 28th, 1782, and was buried in St. Andrew's church-yard.

The Low or Nether Dean-Bridge conducted from St. Nicholas' [Page 338] church-yard into Pilgrim-Street, and has plainly had its name from its situation lower down in the town than the Upper or High-Bridge b. The Roman Wall, it is said, went along it.

Formerly there was a small descent by stone steps from the church­yard into the Low-Bridge, and at the foot of these steps was an alms-house, for two or three poor women, which lately remained, but has at present no allowance, nor is the founder known.

Dr. Ellison's MSS. call it "an hospital in the Nether-Deen-Bridge." It often is mentioned in St. Nicholas' old registers—1579, 1581, 1650, &c.

The Painter-Hugh, by a steep descent, conducted from the bottom of Pilgrim-Street to the middle of the Side.—There is a flight of stone steps on one side, for the convenience of foot passengers. Bourne de­rives the name of it from "painter," a rope by which boats are moored; and "hugh," a steep hill or bank.—The latter is clear, but I should suspect the former to have been the sirname of the owner of the propertyc.

Pilgrim-Street d, on I know not what authority, is said to have had its name on account of pilgrims who came from all parts of the king­dom to worship at our Lady's chapel at Jesmond, in the vicinity of Newcastle.

[Page 339]There was an inn e in this street, says Bourne, which the Pilgrims in their journey were wont to call at, which occasioned their constant coming up this street, and so it got its name of Pilgrim-Street, as the inn did that of Pilgrim's Inn.

[Page 340]The meeting-house of the inoffensive sect called Quakers is in Pil­grim-Street, nearly opposite to the site of the Pilgrim's Inn.

Adjoining to it is a burying-ground for persons of that denomina­tion.

In Corbridge's Plan of Newcastle upon Tyne, of the date of 1723, a dissenters meeting-house is marked hereabouts, and not far from the Manor-Chare.

The first place of meeting f which this sect had in the vicinity of Newcastle upon Tyne, was in the street called Pipewell-Gate, in Gateshead, in a house not many years ago the property of a Mr. Swift, who kept a tavern in it, with the sign of the Fountain.

On the same side of Pilgrim-Street, a little higher up, there is kept, at present, a dispensary, which was opened October 2d, 1777 g for the humane purpose of "administering advice and medicines to the poor confined to their own habitations by sickness."

The corporation of Newcastle subscribed 40l. per annum h to this [Page 341] charitable institution, which is a very necessary appendix to the infir­mary.

The limits for visiting patients were appointed as follows: Shield-Road-Bridge to the eastward, and the utmost extent of the town to the west, north, and south. Gateshead to become a district for medical practice, as soon as a sufficient subscription should be raised. John Baker, Esq. was the first president; Lord Ravensworth was afterwards patron.

In November, 1785, the Duke of Northumberland was chosen pa­tron of this charity.

In September, 1786, the present Duke of Northumberland was elected patron.

Near the head of this street, on the left hand in going up, stands a princely mansion, the main body whereof is said to have been built out of the ruins of the house of the Grey-Friars.—The two wings were added by Sir William Blackett, Bart. whose grand-daughter married its late lamented owner and inhabitant, Sir Walter Blackett, Bart i.

[Page 342]The alms-houses built by Christopher Brigham, merchant, and after him called Brigham's alms-houses, stood at the head of this street, near the Grey-Friars' House, and almost contiguous to Pilgrim-Street-Gate.

The founder was sheriff of Newcastle A. D. 1495, and mayor A. D. 1504 and 1505.

This place is mentioned as having been inhabited, in the year 1556, by poor religious women. The site of this place is marked in Speed's Plan of Newcastle, A. D. 1610.

Leland mentions this little hospital, which appears by Speed's Plan to have consisted of several houses, occupying all, or most of that space, separated by a little lane near the head of Pilgrim-Street, and then at a right angle turning northward into the High-Friar-Chare. They were bounded on the east and north by Pilgrim-Street and the said Chare k.

Between Pilgrim-Street and the town's wall on the east, is a little field l that formerly belonged to the family of Carlels, or Carliols, from whom it was called the Carle, or Carliol-Croft. There is a runner of [Page 343] water through it near the garden walls, the ancient name of which was Ayrekeburn m.

Near the foot of this street is held a market for wheat and rye every Tuesday and Saturday.

Lord Scrope had a house in this street A. D. 1456, near some pro­perty of Sir John Heron, of Ford, Knt n.

The house of Laurence Acton, who was mayor of Newcastle in the year 1433, was in this street.

Pilgrim-Street, growing narrower as it approaches to All-Saints church, winds down the hill towards the foot of the Side, taking the name at present of Butcher-Bank, as being chiefly inhabited by persons of that trade, but it was formerly called All-Hallow-Bank o.

There was an alms-house near All-Saints church, which was founded about the beginning of the sixteenth century, by Elizabeth Nykson, widow p. Two houses adjoining were given with it, to the use of the poor of All-Saints parish—Four women, who were allowed twenty shillings per annum for coals, lived in it.—Bourne tells us, that in his time it was going fast to ruin, and that the then sole inhabitant was al­lowed [Page 344] eight chaldron of coals by the year, and three shillings a quarter by the church-wardens of All-Saints.

It was opposite to the west stairs of that church.

It appears, by an inquisition taken September 2d, 1577, that a waste in Pilgrim-Street belonged to the nuns of Lamlaye, whose lands were purchased by Albayne Fetherstonehaugh at the dissolution.

Manor-Chare q, which leads from Pilgrim-Street to Jesus' Hospital, and from thence to the head of the Broad-Chare, by a part r of it an­ciently called Cow-Gate, was formerly styled Austin-Chare, as conduct­ing to the house of Austin, or Augustine-Friars.

The first appearance of this order of mendicants in England was, ac­cording to some accounts, in 1250; others place it in 1252.

This house is said to have been founded by William, Lord Ros, Baron of Wark upon Tweed, about the year 1290 s.

A. D. 1291 King Edward I. granted a licence to John de Capella, to give and assign a messuage in Penrith to the prior and brethren of this house t.

[Page 345]A. D. 1299 King Edward I. gave to the brethren of this monastery 8s. 4d. for a pittance of one day, on his passing through Newcastle in the month of December, and for their pittance of two days, on his coming to that town on the 8th of January following u.

In the year 1306 the King granted a licence of mortmain to Bar­tholomew Patun, of Newcastle upon Tyne, and Christian his wife, to assign to the prior and brethren of St. Augustine, of that town, a cer­tain place contiguous to their convent, 200 feet in length, and 24 feet in breadth, for the purpose of enlarging their burial-ground v.

A. D. 1309, there was a patent containing a confirmation of land [Page 346] lying in Cow-Gate, which had been granted by William Ros to the brethren of this house; as there was also another of the same date, by which King Edward II. granted some messuages in Newcastle, late parcel of the possessions of Robert de Middleton, who had been at­tainted, for the enlargement of this convent w.

Tanner, in his Notitia Monastica, mentions a patent to this house, of the date of 1319 x.

August 1st, 1322, the brethren of this house received eight shillings for their pittance of one day; and September 14th following, on the King's arrival at Newcastle, eight shillings for the same, by the hands of the King's almoner y.

About this time one Elias was prior of this house z.

In the year 1323 a patent was granted to this convent, concerning a piece of ground contiguous thereto, 28 feet in length, and 160 feet in breadth, to be procured of John Denton to enlarge their house a.

[Page 347]Tanner, in his Notitia Monastica, mentions a patent of this fraternity, dated A. D. 1330, which cannot now be found b.

September 23d, 1331, King Edward III. after an inquisition made by John de Bolingbrok, his eschaetor north of Trent, granted a licence of mortmain to Adam de Colewell, chaplain, to assign three roods and an half of land in Newcastle, contiguous to this house, to the prior and brethren thereof, in order to enlarge it; with a proviso that the mayor and community of that town should have sufficient space between this convent and the town's wall to ride in, for the custody and defence thereof, as they had in other places in the circuit of the said town, within the above wall. This land was held of the King in chief, and paid three-halfpence per annum for all service c.

[Page 348]A writ of King Richard II. of a date posterior to A. D. 1389, the 12th of his reign, is preserved in Fitzherbert's Natura Brevium, and appears to have been sued forth by this convent. It is directed to the bailiffs of Newcastle upon Tyne, who were ordered to make proclama­tion to prevent the casting of filth into rivers, ditches, streets, &c. se­veral persons having thrown excrements, filth, and garbage, in a cer­tain way that led near to the house of the Austin-Friars, to their great annoyance and peril, and contrary to the tenor of a late statute.

July 24th and 25th, 1503, Margaret, eldest daughter of King Henry VII. was entertained at this house. This princess was at that time affianced to the King of Scotland, and upon her journey thither d.

By an ordinary of the fraternity of weavers in Newcastle upon Tyne, dated 31st of August, 1525, every brother of that society is enjoined to be "at the Sante Augustines in the daye of the Exaltacion of the Holy Crosse," in every year, and on the "none of the same to go to the dirige and sowle masse to be done for the brederes & susters of the said fellowship e.

December 23d, 1531, Cuthbert Jordayne and John Ruther.... (probably Rutherford), brethren of this house, were ordained priests f.

Andrew Kel, prior, with seven brethren and three novices, surren­dered this house January 9th, 1539 g.

[Page 349]A. D. 1540, this place occurs as having been reserved to the use of the King, for his council in the north to reside in h.

[Page 350]A. D. 1551, the house of Austin-Friars is said to have been granted to John, Duke of Northumberland, "as parcel of Tinmouth monastery i."

August 1st, 1553, Richard Benson occurs as keeper of the house of Augustine Friars in Newcastle, with a fee of forty shillings per annum, under the crown k.

The Milbank MS. informs us, that King James I. gave it to a person of his own nation, who had begged it of him l

The same authority tells us, that it afterwards belonged to one Cap­tain Sykes m.

This place occurs in Speed's Plan of Newcastle, 1610, under the title of "The King's Manour."

A. D. 1648, it is mentioned as being in the possession of the corpo­ration of Newcastle, who had either recently purchased it, or claimed it as a waste n.

March 15th, 1648, the company of barber chirurgeons petitioned the common-council of Newcastle upon Tyne for a grant of part of the Manors, whereon to build themselves a meeting-house o.

[Page 351]The Manors has since that time continued in the possession of the corporation of Newcastle upon Tyne. A division of it, still called the artillery ground, was used by the townsmen as a place where they performed the exercise of the pike and gun. Part of it was turned in­to a house of correction. Part of it the butchers company converted into a tallow p house, and at different periods of time the hospital of the holy Jesus, Blackett's hospital, and the hospitals of the two Davisons, the charity-school of All-Saints parish, a work-house, and lastly a pe­nitentiary house, have been erected on distinct parcels thereof.

The present work-house or general hospital q, out of which the old [Page 352] windows were taken about fifty years ago, has formed, it should seem, one of the quadrangles of the convent. In what is called now the cellar of that building, two ancient arches still remain over the door­ways, near the hall or common eating-room.

Jesus' Hospital, commonly called the Town's Hospitalr, situated near the foot of the Manor-Chare, was founded, erected, and endowed, at the charge of the corporation of Newcastle upon Tyne, A. D. 1681.

It is mentioned in the common-council books, Dec. 18th, 1682, under the title of an alms-house or hospital, lately erected for poor people in the Manors, at which time some rules (which, afterwards, April 16th, 1683, were revised with some alterations) were confirmed by that body.

March 26th, 1683, this hospital 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 that town, for sup­port of poor impotent people, being freemen and freemen's widows, or their sons and daughters that had never been married, for ever.

Thomas Lewen, merchant, was appointed the first master, with thirty-nine others, to have power to sue and be sued, implead and be impleaded—purchase and hold lands, and have a common seal, with a cross graven thereon, and in the circumference, "Sigillum Hospitalis Sancti Jesu in Novo Castro." The mayor, aldermen and common-council of Newcastle, for the time being, were appointed visitors, and to give rules and laws to this hospitals.

The rules dated at a common-council, April 16th, 1683, were sealed on the 3d of October followingt.

[Page 353]March 27th, 1683, a messuage, key or quay, and garden, in the street called the Close, in Newcastle, was purchased by the mayor and burgesses of that town for 700l. and settled on the master, brethren and sisters of this hospitalu.

November 6th, 1683, an estate at Edderley, in the county of Dur­ham, was purchased by the mayor and burgesses aforesaid for 1610l. and settled in the above master, brethren and sisters: the inheritance thereof to be in fee simple v.

Sept. 25th, 1685, an estate at Whittell in the county of Northum­berland, was purchased by the above mayor and burgesses, for 1300l. and settled as above on this hospital w.

September 18th, 1695, mention occurs of Mr. John Rumney, as having bequeathed 250l. to the mayor and burgesses of Newcastle; the interest whereof to be yearly distributed to this hospital, and the poor of the several parishes of Newcastle x.

December 19th, 1716, the mayor and common-council of New­castle petitioned parliament for leave for the master, &c. of this hos­pital to sell their lands at Edderley and Whittell aforesaid, which they alleged were not a sufficient fund for their support.

The said mayor and common-council were desirous, on this occasion, of charging certain lands and tenements within the manor of Walker, in the county of Northumberland, of the yearly value of 250l. with a yearly rent-charge for ever of 185l. (105l. more by the year than the annual produce of Edderley and Whittell), but they were unable to complete the purchase of the said manor of Walkery, unless they ob­tained [Page 354] leave to dispose of Edderley and Whittell, to raise part of the purchase money.

Mr. John Ord, by his will, proved at Westminster, A. D. 1721 or 1722, devised to this hospital a rent-charge of 1l. 6s. 8d. from a mes­suage on the west side of the Bigg-Market in Newcastle: also a rent-charge of 6s. 8d. out of another messuage in the Side there for ever: these sums to be divided by his heir at law in the presence of the mayor of Newcastle for the time being z.

January 2d, 1752, there was an order of common-council for giving forty fothers of coals annually to this hospital, at the festival of Christmasa.

December 18th, 1769, there was an order of common-council for [Page 355] the master of this hospital to be paid 8l. and each brother and sister 6l. per annum b.

March 22d, 1779, the mayor and common-council of Newcastle, in consequence of a resolution to prefer, in future, the most aged claim­ants to the places that should fall vacant in this hospital, made an order that the several candidates should produce certificates of their respective ages, to be regularly filed in the town-clerk's office c.

Here also an hospital for matrons, for a governess and five sisters, to be widows of protestant clergymen, merchants, and freemen of the town of Newcastle, endowed by the charity of Mrs. Anne Davison d, widow of Mr. Benjamin Davison, merchant, was erected by the cor­poration of that town in a field near the hospital of the holy Jesus, in the year 1725.

George Grey, Esq. surviving trustee, founded this hospital e March 25th, 1748.

[Page 356]A. D. 1754, the mayor and burgesses of Newcastle having been appointed the patrons of this charity, by the above surviving trustee, erected a handsome new set of apartments for the governess and five sisters of this hospital, nearly on the same site with the former housef.

March 21st, 1771, there was an order of common-council for each woman in Mrs. Davison's hospital to have 8 carts of coals in every year g.

Here also Sir Walter Blackett's hospital for six unmarried men, to be poor and decayed burgesses of the town, was founded in 1754; the worthy baronet, on the receipt of a bond given him by the corpo­ration, having deposited 1200l. in their hands for that purpose h.

The foundation-stone of this house was laid July 29th, 1754 i.

March 21st, 1777, there was an order of common-council to give an allowance of eight carts of fire-coal, yearly, to every man in this hospital k.

[Page 357]There is a stone put up over the door of their apartments, inscribed as follows:

"This hospital for six unmarried men, to be poor and decayed burgesses, built on the ground, and at the common charge of the corporation of this town, was founded by Sir Walter Blackett, Bart. the munificent magistrate and representative, in seven successive parliaments, of Newcastle upon Tyne, A. D. 1754."

Here also is an hospital for six unmarried women, to be the daugh­ters or widows of free burgesses of Newcastle upon Tyne, indebted for its foundation and support to the charity of Thomas Davison, Esq. of Ferry-Hill in the county of Durham, and his two sisters Timothia and — Davison l.

A. D. 1754, the mayor and burgesses of Newcastle erected here, on their ground, and at their common expence, an elegant set of apart­ments for the above six unmarried women, under the same roof with those intended for the two former hospitals of Mrs. Anne Davison, and Sir Walter Blackett, Bart m.

March 21st, 1771, there was an order of common-council, to give [Page 358] an allowance of eight carts of fire-coal, yearly, to every woman in this house n.

The following inscription is on a stone over the door: ‘"This hospital for six unmarried women, to be daughters and widows of burgesses, built on the ground and at the common charge of the corporation of this town, was founded by Thomas Davison, Esq. of Ferry-Hill in the county of Durham, A. D. 1754."’

Ward's alms-house o stood near the above, founded in the reign of Edward the Fourth, by John Warde, a rich merchant of Newcastle, for twelve poor men, and the like number of poor women. The site of this building is marked, in Speed's Plan of the town, in what is now called the Manor-Chare, where an old wall towards the street, with a door-way built up in it, is still remaining.

SILVER-STREET.

SILVER-STREET, which leads down a very steep hill from the foot of Pilgrim-Street to Pandon, was anciently called All-Hallow-Gatep, as also Temple-Gate q, it should seem from the circumstance of its communicating with All-Saints church. It occurs too in old writings with the name of Jew-Gater.

There is a presbyterian meeting-house in Silver-Street, of which Mr. George Ogilvie, who died April 21st, 1765, aged 57 years, was minister.—He was succeeded by Mr. Sheilds.

CHURCH OF ALL-SAINTS, OR ALL-HALLOWS.

THE conjecture of Grey s, in his Chorographia, that this church was dedicated to All-Saints, or All-Hallows, from the ancient name of that part of the town, Pampedon, which, he adds, was so called from the Pantheon at Rome, appears to be too ridiculous to deserve either to be considered or refuted.

It is not known at what period this church was built. Bourne met with an account, of the date of 1286, in which it is mentioned as erected at that time t.

[Page 360]A deed preserved in the vestry of this church, dated October 29th, 1319, describes the street now called Butcher-Bank, as leading from the Cale-Cross to the church of All-Saints u.

In the years 1651 and 1655, this church appears to have undergone some material alterations v.

In the year 1728 a lecture was founded at All-Saints, and settled upon Mr. Henry Bourne, the curate, for instructing the people in the rubrick and liturgy of the church w.

A. D. 1776 this church was thoroughly cleaned and repaired.

In the year 1786 an act passed for the taking down and rebuilding of All-Saints church, several of the inside pillars of that structure hav­ing given way, and it being hazardous to assemble any longer therein. See Appendix.

The foundation stone of the new edifice was laid by the Rev. James Stephen Lushington, vicar of Newcastle, on the 19th of the kalends of September, A. D. 1786x.

CHANTRIES.

THERE were seven chantries here in the papal times—one dedi­cated to St. Thomas—one to the Virgin Mary—one to St. John the Evangelist—one to St. Peter—one to St. Catharine—one to St. Loye— and one to St. John the Baptist and St. John the Evangelist y.

1. That of St. Thomas is said to have been founded by John Pul­hore, clerk z, about 1356. The yearly value was 4l. 8s. 4d.—Wil­liam White was the last incumbent, and had a pension of 3l. 10s. or 18s. 6d. per annum.

The following account of it occurs in the certificate of colleges and chantries in Northumberland and Durham, 37 Hen. VIII. remaining in the Augmentation-Office:

"The chauntrie of Saynt Thomas in the parishe churche of All-Saynts within the towne of Newcastell upon Tyne was founded by one John Pulhore clarke, to fynde a preiste to say masse and to pray for hys sowle and all Cristen sowles as by a dede of the foundacion therof exhibited before the said commissioners dothe appere and is so used hitherto by reporte—Yerely value 4l. 7s. 8d.—value accordyng [Page 362] to this survey 4l. 8s. 4d. as dothe apere by a rentall whereof is paid yerely to the Kinges majestie for the tenthes 8s. 9d. ob. and remayneth clerely 79s. 6d. ob. which ar employed to the sustentacion and relief of Wyllyam White priest incumbent there accordyng to th' order of the foundacion.—Ornaments &c. 106s. 6d. ob. qua. as dothe apere by a perticuler inventory of the same.—Ther wer no other landes &c."

2. The foundation deed of our Lady's chantry in this church ap­pears to have been lost. Its yearly value was 4l. 5s. 10d.

September 25th, 1334, Thomas de Karliol, of Newcastle upon Tyne, granted to Peter, son of Peter Draper, and to Cecily his wife, and their heirs, his patronage of the chantry of the Virgin Mary, in All-Saints church, reserving to himself one turn of presentation a.

Robert Manners, chaplain, the last incumbent of this chantry, oc­curs April 29th, 1518 b; also July 17th, 1527 c.—He had a pension of 4l. 6s. 4d.

The following account of this chantry occurs in the certificate of col­leges, &c. 37 Hen. VIII. cited above:

"The chauntrie of our Lady in the parishe churche of All-Saynts within the towne of Newcastell upon Tyne. Ther is no dede of foun­dacion to be shewed but it hath ben of olde tyme accustomyd to fynde a preeste ther for the mayntenance of Godd's service and so it is used at this present by reporte—Yerely value 63s. 4d.—value accordyng to this survey 4l. 5s. 10d. as apereth by a rentall wherof is paid yerely to the Kinges majestie for the tenthes 5s. 4d. and remayneth clerely 4l. 6d. whiche Roberte Maners clerke now incumbent ther hath to­wardes hys lyvynge as it hath accustomably ben used hertofore.—Orna­ments &c. 4l. 3s. 6d. as dooth appere by a perticuler inventory of the same.—Ther were no other landes &c."

3. The chantry of Saint John the Evangelist was founded by Richard Willeby and Richard Fishlake.—It was supported by some tenements in the Sand-Hill and the Side.—The yearly value was 4l. 15s. 4d.— [Page 363] The last incumbent, whom one account, I think erroneously, makes Anthony Hexham, alias Houghton, had a pension of 3l. 3s. 1d. d.

The following account of this chantry occurs in the certificate of colleges, &c. 37 Hen. VIII. cited above:

"The chauntrie of Saynt John the Evangelist in the parishe churche of All-Saynts within the towne of Newcastle upon Tyne was founded by one Richard Willeby and one Richard Fishelake to fynde a prieste for ever to pray for their sowles and all Christen sowles and to kepe two obitts yerely for the founders sowles as it is reported and is so used at this present but the dedes of the foundacion wer lost long syns—Yerely value 72s. 5d.—value accordyng to thys survey 4l. 15s. 4d. as apereth by a rentall whereof is paid yerely for rents resolut' 13s. 8d. for two perpetual obytts 8s. 8d. and for the Kynges majesties tenthes 7s. 3d. —29s. 7d. and remayneth clerly 65s. 9d. which ben employed to the sustentacion and relief of John Musgrope incumbent therof.—Orna­ments &c. 112s. 2d. ob. qua. as dothe apere by a perticuler inventory of the same.—Ther wer no other landes &c."

[Page 364]4. St. Peter's chantry was founded about A. D. 1411, by Roger de Thornton, when he also founded St. Catharine's hospital on the Sand-Hille.—The yearly value was 6l.—See account of that hospital, called also Maison-Dicu.

The following account of this chantry occurs in the certificate of colleges, &c. 37 Hen. VIII. cited above:

"The chauntrie of St. Peter in the parishe churche of All-Saynts ibid. was founded by reporte to fynde a priest for ever to the maynte­naunce of Godds service ther and to pray for all Cristen sowles and the said priest to have for his stipend or salary 6l. yerely to be paid out of all the possessions of the hospital of Saynt Katheryn called La Mai­son-Dieu in the towne of Newcastell and the same order is observed ther at this present by reporte.—Yerely value 6l.—value accordyng to this survey 6l. as apereth by a rentall wherof is paid to the Kingis majestye for the tenthes 12s. and remayneth clerly 108s. which ar employed to the sustentacion of William Teisdale clerk now incum­bent ther accordyng to th' order of the foundacion.—Ornaments &c. 8s. 5d. as apereth by a perticuler inventory of the same.—Ther wer no other landes &c."

5. The chantry of St. Catharine was founded in the time of King Edward III.—A copy of the foundation deed is still preserved in All-Saints vestryf.—The King, by his charter, having granted licence to [Page 365] Robert de Chirton, burgess of Newcastle upon Tyne, and Mariot his wife, daughter and heiress of Hugh Hankyn, burgess of that town, to give a stipend to a certain chaplain, to perform divine service in the church of All-Saints, for the souls of the said Hugh, and Beatrix his wife, Gilbert Hankyn his father, &c. they, out of their devotion to Jesus Christ, the Virgin Mary his mother, the blessed Virgin Ca­tharine, &c. granted to Sir Ada Nynepenys, chaplain at the altar of St. Catharine in All-Saints, 100s. annual rent, out of tenements in Russel-Chare, near "Olle-Crosse g." Failing the founders' heirs, the mayor and bailiffs of the town, for the time being, were to be the pa­trons.—The above Mariot appeared in full court, between the four benches, and was there sworn, before the mayor and bailiffs, never to contradict her husband's act.

The yearly value of this chantry was 5l. 3s. 8d.

The following account of this chantry occurs in the certificate of colleges, &c. 37 Hen. VIII. remaining in the Augmentation-Office:

"The chauntrie of Saynt Katheryne in the parishe churche of All-Saynts within the towne of Newcastell upon Tyne was founded by a licence of King Edward 3d to one Hugh Hawking and Betteresse his wyffe to fynd one prieste ther for ever to say masse and to pray for their sowles and all Cristen sowles as by a dede of the foundacion therof bering date 20 January A. D. 1335, more playnly dothe appere and it is so used at this presente by reporte.—Yerely value 118s. 18d.—value accordyng to this survey 103s. 8d. as apereth by a rentall wherof is paid owt for a rent resolut' 3s. and for the Kinges majesties tenthes 10s. 9d. ob. qua. and remayneth clerely 4l. 5s. 10d. qua. whiche ben employed to the sustentacion and relief of Myles Swalwell prest now incumbent ther accordyng to the ordynnaunce of the said foundacion.—Ornaments [Page 366] &c. 119s. 4d. as apereth by a perticuler inventory of the same.—Ther werno other landes &c."

6. The chantry of St. Loy, or Saint Elgie, was founded by Richard Pykeryng, in the reign of King Edward III.—The yearly value was 3l. 8s. 4d. h.—William Browne was the last incumbent, and had an annual pension of 3l. 2s. 8d.

John Ward, of Newcastle, merchant, by his last will, dated June 24th, 1461 i, left certain lands in trust, for finding a priest to perform divine service at the altar of St. Loye, in All-Hallows church. The priest's salary to be eight marks.

The following account of this chantry occurs in the certificate of colleges, &c. 37 Henry VIII. remaining in the Augmentation-Office.

"The chauntrie of Saynt Loye in the parishe churche of All Saynts ibid. was founded by one Richard Pykering by a licence obteyned of K. Edward III. to fynde a priest for ever to say masse and pray for all Christen sowles by reporte which is so used at this present, but the dede of the foundacion was loste many yeres syns as it is sayd.— Yerely value 60s.—value accordyng to this survey 68s. 4d. as aper­eth by a rentall wherof is paid yerely to the Kinges majestie for the tenthes 6s. and remayneth clerely 62s. 4d. which ben employed to the sustentacion and relief of William Browne priest incumbent ther accordyng to the ordynnance of the said foundacion—Ornaments &c. 71s. 8d. as apereth by a perticuler inventorie of the same as well for the goodes and ornaments of this chauntrie as of the chauntrie of St. John Baptist and St. John the Evangelist next ensewyng because the said two chauntries be both founded at one aulter the said ornaments doo serve for theym boothe indifferently.—Ther wer no other landes &c."

7. The chantry of St. John the Baptist and St. John the Evangelist was founded by John Warde—yearly revenue 7l. 15s. 8d. William Hepson, alias Hixsonne, was the last incumbent, and had a pension of 5l. per annum. The following account of this chantry occurs in the certificate 37 Hen. VIII. remaining in the Augmentation-Office.

[Page 367]"The chauntrie of St. John Baptist and St. John Evangelist in the parishe churche of All Saynts ibid. was founded by one John Warde to fynde a preest for ever to say masse and pray for all Cristen sowles as by the dede of the foundacion exhibited before the said commission­ers dothe appere and is so used at this present by reporte —Yerely value 106s. 8d.—value accordyng to this survey 7l. 15s. 8d. as aper­eth by a rentall whereof is paid owt for a rent resolut' 38s. 6d. and for the Kinges majesties tenthes 10s. 8d.—49s. 2d. —and remayneth clerly 106s. 6d. whiche ar employed to the sustentacion and relief of William Hepson priest incumbent ther accordyng to the said founda­cion—Ornaments &c. nil here because all the goodes and ornaments of this chauntrie be charged before in the value of the goodes and orna­ments of St. Loye's chauntrie within the sum of 71s. 8d. as is ther de­clared.—Ther wer no other landes &c."

For the "altar of the Trinity" in this church, see account of the Trinity-House.

STEEPLE OF ALL-SAINTS.

THE steeple of this church, of somewhat remarkable form as to the spire rising from its square tower, was of mean height, and no very elegant design. Robert Rhodes, the great benefactor to the churches of this town, who lived in this parish, and was buried in the chancel of this church, had his name and arms also under the belfry in this steeple, in which he probably made great alterations k.

The bells of this church l were founded anew, or increased in num­ber, A. D. 1696.

The clock was made in 1691 m.

GALLERIES AND PEWS n.

THE ancient gallery, which divided the chancel from the nave of the church, on the site of which the butcher's gallery lately stood, and which had been the rood-loft in the times of popery, appears to have been taken down, by the chancellor's special directions, A. D. 1639, although great interest had been made with the bishop to suffer it to remain. There were two other galleries in the late church, one be­longed to the Trinity-House, the other held the organ seats for the children of the charity-schools, &c.

Pews or stalls are mentioned to have been in All-Saints church A. D. 1488o.

CHANCEL p.

THE chancel of this church stood upon a large vault or crypt q.

[Page]

Old Foul in the late Church of All Saints.

The Temporary Bridge as it stood on the 25th. of Octr. 1772.

To Mr. DAVID STEPHENSON Architect, this Plate engraved at his expence, is respectfully inscribed by his obliged humble servant J Brand.

[Page 369]It had been beautified some time before Bourne wrote his history.

The communion table was of marble, presented February 6th, 1684, by John Otway, merchant. There was a prothesis, or side altar r. In the year 1776 a miserable painting, which represented the disco­very by the breaking of bread, was put upon the altar-piece.—It was a copy from a print in Ryder's Bible.

FONT.

THERE was a very observable font, with eight shields of arms on it, in this church s.

WINDOWS t.

SEVERAL curious fragments of painted glass, that had survived the Reformation, remained dispersed about in the several windows of the late church.

There was a figure of St. Barbara in one of the south ones. There were also several skin-marks.

ORGAN.

THE organ of this church is mentioned to have been repaired A. D. 1631 u.

LIBRARY.

A. D. 1631, mention occurs of books chained in the choir of this church, where they were placed undoubtedly for the general use of the parishioners v.

LEGACIES LEFT TO THE POOR OF ALL-SAINTS.

BENEFACTIONS to a very considerable amount appear to have been given, at different periods, to the poor of this very extensive and populous parish.

[Page 371]Mr. Thomas Smith, shipwright, by his will, dated Dec. 22d, 1585, lest the sum of 4l. 18s. 10d. to the poor of this parish, payable out of several houses yearly, at Easter for ever w.

Mr. Cuthbert Woodman, weaver, by his will, dated August 22d, 1636, left the sum of 12 shillings, to be paid out of a house in Pilgrim-Street, yearly, for ever x.

A. D. 1640, Henry Hilton, Esq. left to this parish as to St. Ni­cholas y.—See St. Nicholas.

Robert Anderson, Esq. left, by deed, 5l. per annum. See St. Ni­cholas z.

A. D. 1644, Sir Alexander Davison left to the poor of this, as to the poor of St. Nicholas' parish, 2l. per annum a.

A. D. 1644, Sir Thomas Davison left to the poor of this, as to St. Nicholas' parish, 1l. per annum.

November 16th, 1648, Mr. Andrew Aldworth left, as to St. Ni­cholas b, 1l. per annum.

April 11th, 1660, Mr. William Carr, merchant-adventurer, left to the poor of All-Saints, several rent charges, amounting in all to 1l. 6s. 6d. per annum c.

Mr Mark Milbank, 1677, as to St. Nicholas, 3l. per annum d.

Mr. William Carr, 1675, as to St. Nicholas, 1l. 10s. per annum e.

July 17th, 1661, Mr. John Cosyns, draper, left to be distributed in bread, at two shillings worth per week, to the poor of this parish, 5l. 4s. per annum.—Also 5l. per annum for the repairs of the church f.

Mr. William Gibson, merchant, left a rent-charge of 1l. per annum, out of a house in Cowgate, October 2 [...]th, 1662 g.

March 23d, 1673, Mr. David Shevil, barber surgeon, left 4l. per an­num out of several houses h.

[Page 372]Left by Mr. Leonard Carr, out of several houses in the Butcher-Bank, 5l. i.

November 25th, 1675, Thomas Davison, Esq. alderman, left 1l. 10s. to be distributed yearly for ever k.

March 9th, 1679, Sir William Blackett, Bart. left 2l. per annum out of a house at the end of Tyne Bridge l.

A. D. 1680, Sir Mark Milbank left, as to St. Nicholas, 6l. per an­num m.

A. D. 1690, Mr. John Collier, shipwright, left 3l. per annum n.

May 12th, 1693, Mr. Richard Hutchinson, roper, left 5l. per an­num o.

February 7th, 1694, Mr. Timothy Davison left 1l. 10s. to be paid to poor freemen or freemen's widows of this parish p.

A. D. 1694, Mr. John Rumney left 2l. 10s. per annum q.

A. D. 1698, Mr. George Collingwood, carpenter, left 2l. to be given annually to two poor widows, who are to have it but once, so that all the poor widows in the parish may enjoy the same r.

In the year 1707, Henry Holme, Esq. left 6l. per annum s.

A. D. 1710, Nicholas Ridley, Esq. 1l. per annum t.

A. D. 1711, March 14th, Robert Fenwick, Esq. 4l. per annum u.

June 5th, 1711, Mr. John Bee, master and mariner, left 6l. per an­num v.

A. D. 1716, Matthew White, Esq. 1l. 10s. per annum w.

A. D. 1717, Mrs Isabel Wrightson, 2l. 10s. per annum x.

Mr. William Harrison, hoastman,—150l. interest to be distributed yearly on St. Andrew's day y.

Mrs. Margaret Ramsay, 20l.—Interest to be distributed yearly z.

Mr. Edward Ports, shipwright, 20l. interest to be divided yearly a.

[Page 373]Mrs. Ann Handcock, 50l. interest to be distributed by the church-wardens to such poor people as were constant frequenters of divine worship b.

John Scaife, slater, about 1764, left 20l. the interest to be given an­nually to the poor of the parish of All-Saints. (Common-council books, Sept. 24, 1764.)

The corporation of Newcastle gave a bond for the money, to pay at the rate of 4l. per cent.

Thomas Leamon, of Newcastle upon Tyne, Gent. Sept. 20th, 1779, bequeathed 3l. a year for ever to the poor of All-Saints. (From a copy of the will communicated by Mr. Davison, of High-Bridge.)

"Mrs. Mary Buck, who died 21st of May, 1781, left to the poor of the parish the interest of 100l. now lent to the corporation of Newcastle, at four per cent. to be distributed by the curates, church-wardens and overseers, at Christmas, yearly, for ever." (On a compartment on a pillar near the organ.)

CHARITY SCHOOL OF ALL-SAINTS.

THE charity-school of this parish for 41 boys and 17 girls, the former of whom are taught to read and write and cast accounts; the latter, to read, knit, few, &c. both of them being provided with clothes, was founded by a voluntary subscription, A. D. 1709, by which, with the addition of several accidental contributions, it has been supported ever since c.

The corporation of Newcastle contributed a piece of ground in the Manors, whereon to build a school-house d.

PARISH REGISTERS.

THE register of baptisms, marriages, and burials, belonging to this church, begins in the year 1600.

There is an hiatus in the register of baptisms from March 1635 to March 1637, as also from March 1643 to January 1644.

There are supposed to be buried communibus annis, at the Ballast-Hills burying ground, about 350 persons, two-thirds of whom belong to this parish e.

From 1688 to 1707, there were baptized at this church 6818 chil­dren—married, 1311 persons, and buried, 6046 f.

From 1730 to 1749, there were baptized ibid. 6953—married, 1358 —buried, 5913.

From 1760 to 1779, baptized 6470—married 2305—buried 3480 persons.

Quota, furnished to the triennial service of the national militia, from All-Saints parish, 23 men g.

MONUMENTS AND MONUMENTAL INSCRIPTIONS IN THE LATE CHURCH OF ALL-SAINTS.

East end, on a mural monument: ‘"To the memory of Maria Henrietta Airey, of Benwall, near this place, who died June 10th, A. D. 1779, aged 31, whose character in all the important relations of daughter, sister, wife and parent, made her life truly valuable, her loss irreparable; whose manners in social intercourse were amiable and elegant; whose religion was piety and charity, directed by good sense. But, after all, her best encomium is engraven on the hearts of all who knew her."’

"Henry Rawlin, merchant-adventurer, alderman, and sometime mayor of this town, May 8th, 1666."

"Sepulchrum Richardi Burdus. Obiit 20 Dec. 1719."

"Jesus be merciful to the souls of Richard Borrel, his wife and chil­dren. [Page 376] He obiit 20 Nov. 1508. This is also the burial place of Mr. Abraham Dixon, master and mariner, who dyed Nov. 11th, 1700."

"Thomas Andrew, 5 Oct. 1708."

"Thomas Wallis' burial place, shipwright."

"Matthew White, Esq. twice mayor of this town, governor of the merchants' and hostmen's companies. He had issue 10 children, Ni­cholas, Margaret, Elizabeth, Martha, Nicholas, Matthew, Mary, Isabel, Robert and Jane. He departed October 10th, 1716."

"William Aubone, Esq. merchant-adventurer, alderman, and some­time mayor of this town, Sept. 20th, 1700."

On marble on the wall:

"Under the adjacent marble is interred the body of Thomas Wrang­ham, the famous and beloved ship-builder of this town: he married Jane the daughter of Mr. Robert Carr, by whom he left issue two sons and one daughter, Thomas, William and Jane. He built five and forty sail of ships, and died of a fever in the 42d year of his age, May 26th, 1689. He was a man of a most generous temper, of a plain and unaffected conversation, and a sincere and hearty lover of his friend. Statutum est omnibus semel mori."

This stone of the Wranghams belonged formerly to the family of Mr. Robert Babington, and had his arms on it.

About a blue stone was inscribed:

"All worldly pomp away doth pass
Like fading flowers and wither'd grass,
George Borne, cooper, and his wives
When death doth end all mortal strifes
Trust by the precious death and bloodshedding
Of Christ to have life everlasting."

The date worn off, but Bourne met with him in the quality of church-warden of All-Hallows, in the year 1578.

Thomson. Escutcheons: White, Davison, Malabar, Milbanke, Romney, Dame Jane Clavering and Wrightson, as in St. Nicholas' church. Arms on grave stones: Forster—Baxter—Grey—Jefferson —Whiney—Anderson.

In the chancel of All-Saints.

"Ralph Fell, merchant-adventurer, 11th Feb. 1680."

"John Simpson, hoastman, and Jane his wife, their burial place. In this grave of theirs was buried their eldest son, Anderson, so called as being a descendant of the worthy and loyal family of the Andersons of Braidley, who suffered so much in the time of the civil wars in defence of their king and country. He died May 17th, anno 1730, in the 21st year of his age. He was a youth of fine parts, and good learning, a great deal of sweetness of temper and strict religion."

"There is," says Bourne, "in this part of the church a very large stone, insculped with brass, of which several years ago no more could be read than hic tumulatus dono Dei datus mitis clero—promotor ecclesiarum. My authority imagines this to be the burial place of Robert Rhodes. He says the picture upon the stone was very like that of Roger Thorn­ton; all the difference is, that the gown of this picture is not so deep as that of Thornton's.—He conjectures it to be the burial place of Ro­bert Rhodes, because of the words promotor ecclesiarum. Lib. All Hall. The words promotor ecclesiarum are not now to be found. However," continues Bourne, "had they been there still, I think they are but a weak argument to prove that Robert Rhodes was buried here, when it is considered that he founded a chantry in St. Nicholas', that his own soul and his wife's might be prayed for. For people were generally buried in the same church, and near the very place, where they erected a chantry or an altar. But whoever it is, this, I think, may be safely concluded from the grandeur of the grave-stone, that he was some wealthy person, and, from his being promotor ecclesiarum, that he was also religious.

"The effigies is very tall, and is surrounded with very curious pictures of the saints and some other things: but the brass is now tearing off, and going very fast into ruin. It is a pity (he adds) there should not be more care taken of it, as it is an ornament to the church, and the monument of its benefactor. The promotors of churches should be always remembered with the most grateful respect, that they may be shining lights to the most distant ages."

[Page 378]Bourne gives an epitaph, said to have been made upon Robert Wal­las, formerly clerk of this church.

"Here lies Robin Wallas,
The king of good fellows,
Clark of All-Hallows,
And a maker of bellows:
He bellows did make till the day of his death,
But he that made bellows could never make breath."

South isle.

Nigh the church-porch a large blue stone, the burial place of Mr. William Milbourne, hoastman, who died in the year 1662. This stone formerly belonged to St. Austin's Fryery, and was removed from thence by Thomas Ledger, when he was mayor, in the time of the civil wars. He brought it to St. Nicholas' church, and ordered one Milbourne, a mason, to erase the ancient inscription.

But finding no room to lay it where his father was buried, in St. Ni­cholas', he sold it to the mason, who sold it again to the person whose name it still bears.

"Henry Milbourne, hoastman, 1698."

"John Binks, master and mariner. Dorothy his wife departed March 11th, 1722."

"Marcus Browellus, generos' attornat' de Banco, Soc' Hospit' Furni­val Lond' hoc sibi et suis posuit et coelis parata aeterna mansio. Ipse obiit secundo die Novembris, anno Domini 1729 h."

"Stephen Coulson, merchant-adventurer, married Mary, daughter of Mr. Henry Waters, hoastman. She departed July 6th, 1728. He, the above-named Stephen Coulson, Esq. alderman, and sometime mayor of this town, departed this life October 25th, 1730."

"Sepulchrum Wolstani Paston."

"William Harrison, hoastman, July 10th, 1721."

[Page 379]"As you go," says Bourne, "from the south isle into the body of the church, there is a large blue stone, which was the stone of Christo­pher Elmer, as appears from the beginning of the present inscription."

"Another authority in this church calls the stone an ancient stone, and says the ancient inscription was, "Jesus have mercy on the souls of Christopher Elmer, his wife and children, and of all souls mercy Lord."

"There were on it the Elmers' arms, the merchants' arms, and his skin mark."

"John Henzell, 1725."

"The burial place of John Morris, hoastman."

"Sub hoc marmore tumulantur exuviae Edwardi Collingwood de Byker Armigeri Northumbriae vicecomitis anno 1699. Qui obiit 11o Aprilis 1701, annoque aetatis 71, una cum uxoris Annae exuviis, quae obiit 3o Novembris 1694, per quam hos habuit liberos Radulphum & Martinum mortuos Edvardum & Dorotheam superstites.

"Dorothea Collingwood vita decessit duodecimo die Decembris 1701, et hic sepulta. Gulielmus filius secundus dicti Edwardi filii obiit se­cundo die Martii 1709. Edvardus filius obiit primo die Martii, 1720. Maria filia natu prior dicti Edvardi filii obiit decimo die Junii 1724. Maria filia Gulielmi Bigg, generosi, uxor dicti Edvardi filii obiit duo­decimo die Octobris 1727. Quinque enixa liberos, viz. Edvardum, Mariam, Annam, Isabellam & Gulielmum. Isabella filia natu minima dicti Edvardi filii obiit nono die Octobris 1728."

(Additions to the monument of the Collingwoods.)

"Edwardus Collingwood de Byker Armiger hoc sibi suisque posuit 1726. Gulielmus filius natu minimus dicti Edwardi nepotis obiit 29 die Novembris 1740. Maria filia & cohaeres Johannis Roddam de Roddam et Chirton Armigeri, uxor dicti Edwardi nepotis obiit 4to die Decembris 1766. Quatuor enixa liberos, viz. Gulielmum mortuum; Edwardum, Johannem & Winifridam superstites."

Near the vestry door:

"John Gybson, merchant-adventurer, 1594."

"Edward Nixon, master and mariner."

[Page 380]"Thomas Wetherall, merchant-adventurer, 1640."

"Edward Perkinson, merchant-adventurer, 1698."

"At the east end of the tomb of the family of the Collingwoods (says Bourne), under a stone, with a Latin inscription on it, which formerly belonged to one Blount, lies interred the body of Margaret Bourne, wife of Henry Bourne, curate of this church of All-Hallows. She died August 8th, 1727, in the 30th year of her age. ‘" [...]." "D. O. M. M. S. Thomae Hockin Gen' et Rogeri Clarke Pronepotis ejus Devoniâ nati. Unâ Eademque die Sept' scil' octavâ, salutis Anno MDCLVIII. aetatis autem Thomae LXX. Rogeri XIX. Novo Castro super Tynam invicem moriere necnon sepulti. Johannes Clarke Priori nepos et Posteriori patruus Utrique charus H. M. M. L. P. Hic cecidere duo queis non separavit amata Sors eadem vivis thalamo, morientibus urnâ."’

Near to this monument of Thomas Hockin was an old stone, with this inscription upon it:

"Here lieth buried under this stone,
The Right Worshipful Mr. Robert Ellison,
Merchant-adventurer of this town, twice
Right mayor he was.
All worldly pomp for ever thus must pass.
[Page 381]Elisa his wife, his children and friends him by,
With all shall rise at the last cry;
One thousand five hundred seventy and seven,
The last of January he went to heaven."

"Several years ago (says Bourne) the church-wardens were desired by one Matthew Blount to sell this stone, but they loathed the request, because it bore the name of a mayor of Newcastle, which they knew, after the sale of it, would not be long there."

"John Armorer, hoastman."

"Christian Bulman, Oct. 8, 1723."

"Ralph Soursby, merchant-adventurer."

Near the quire door an old stone, which formerly belonged to Mr. Robert Brandling: upon which was the Brandlings arms, with this inscription:

"Here lyeth, under this place,
Robert Brandling, merchant-adventurer, by God's grace;
Margaret his wife, and children dear,
In fear of God they lived here.
Like as the brand doth flame and burn,
So we from death to life must turn."

"Mr. Nicholas Fenwick (says Bourne) had this stone given him by one Mr. Brandling, who lived at Ipswich, and caused the said inscription to be obliterated: after that he set upon it the arms of the Fenwicks."

"Nigh to this was another stone belonging to the same family of the Fenwicks."

"Charles Atkinson, hoastman."

"There was (says Bourne) an old stone which lay between the vestry and quire-door, with its inscription erased: it belonged to alderman Leonard Carr, who gave 5l. yearly for ever to the poor of this parish, and appointed it out of divers houses in the Butcher-Bank. He was an alderman of the town before the rebellion, and turned out by the re­bels. He deserves a better monument."

Opposite to the vestry, on the south side of the altar, was a large stone of that kind called touchstone, raised above the level of the church. [Page 382] It was covered with brass on the top of it, which has cut on it the effigies of Roger Thornton and his wife, and also the figures of the apostles, and other saints, with the family arms; one of the coats, Bourne says, was the arms of Lumley; sed quaere.

Upon the brass plate as follows: "Hic jacet Domicella Agnes quondam uxor Rogeri Thornton que obiit in vigilia Sancte Katerine anno Do­mini 1411. Propitietur Deus amen. Hic jacet Rogerus Thornton mer­cator Novi Castri super Tinam qui obiit anno Domini 1429, et 3 die Januarii."

As he was in his life-time a great benefactor i to churches, religious houses, the poor, &c. so he forgot them not in his last moments, as appears by his last will and testament.—Vide annals A. D. 1429.

On taking down this monument in 1786, the ground-work of the plate appeared to have been originally filled with differently coloured wax, or paint.

There is a query concerning the arms on this monument in Dr. El­lison's MSS. whether Thornton's coat and his wife's are not mis­placed, the man for the woman? I stand indebted for the information to the Somerset Herald, that it was not an unusual thing in ancient times for a son to adopt his mother's coat of arms in preference to his father's k.—See annexed the representation of this beautiful plate, and

[Page]
To Walter Trenelyan Esq. this REPRESENTATION [...] the very [...] PLATE of BRASS, inlaid on the Table Monument of Roger Thornton the [...]brased Patron of NEWCASTLE upon TYNE, in the [...] Henry [...]. and still prescribe in the Church of All Saints in that TOWN, [...] [...]xpence is most respectfully inscribed by his [...] and [...] humble Servant John Brand.

[Page 383] in that intitled "Monuments in the churches of St. Nicholas and All-Saints," a view of the whole monument, No 3.

"William Robinson, goldsmith, 1652."

"William Ramsey, sometime mayor of this town, 1653."

"William Ramsey, jun. sometime mayor of this town, 1716. Vi­vimus et vitae mors mala fausta subit."

"George Bulman, baker and brewer, 1710.

Nought can exempt from death's imperial hand,
When it arrests the soul at God's command;
Each state and sex, as well the high as low,
Must once salute the grave, and thither go."

"Ralph Grey, merchant-adventurer, sometimes sheriff of this town, May 30th, 1666, aged 82."

Escutcheons in the south isle: Collier—Collingwood—Fenwick— Harrison—Carr—Aldworth.—Arms and inscriptions, ibid.—Atkin­son—Ramsay—Wilkinson—Blakiston—Huntley—Varey—Forster— Stewart—Rand.

In the north isle.

"John Cosyn, draper and alderman, died 21st March, anno Dom. 1661."

[Page 384]"Here lyeth interred the body of George Morton, draper, alderman, and twice mayor of this town. He departed this life 26th November, anno Dom' 1693."

"This John Cosyn," says Bourne, "as well as Mr. Rawlin (whose monument is over against his in the south corner), was an alderman in the time of the rebellion, of whom Sir George Baker said, they were not truly justices, though in the place of justices. This Cosyn was the first exciseman that ever was in this town, and a captain against the King: yet upon his stone, Mr. Pringle, as they say, caused this to be written:

"A conscience pure, unstain'd with sin,
Is brass without and gold within."

But some took offence, and said thus:

"A conscience free he never had,
His brass was nought, his gold was bad."—Milbank.

"The burial-place of Henry Waters, hoastman, and Dorothy his wife. She departed 24th February, 1719."

"Here lyeth the body of Garrat Cocke, gentleman, Isabell his wife, and their children. He departed 1st day of August, 1637. She de­parted the 22d day of September, anno Domini 1642. And also John Cocke his sonne, marchant-adventurer, and Mary his wife, and their children. He departed this life the 2d of October, 1648. Isabell, his doughter, departed this life the 16th of November, 1639. Cathren de­parted the 3d of October, 1642."

"Thomas Fletewood, infant, departed ye 22d August, 1666."

"Robert Young, merchant-adventurer, 1670. Post mortem aeter­nitas."

"John Johnson, hoastman."

"Robert Cook, master and mariner, Nov. 1673."

"Sepulchrum Thomae Potts, gent. et Margaretae uxoris."

"William Liddell, 1580."

"Thomas Brown. Non mortuus sed dormio."

"William Dawson, 1707."

"Thomas Crawforth, 1690."

"Michael Clerk."

[Page 385]"Thomas Dawson, rope-maker."

"The burial-place of Thomas Monkhouse, tin-plate-worker."

"John Colvill, baker and brewer, 1689."

"Timothy Rawlett, hoastman."

"Jesus have mercy on the soules of John Hodshon, taylor, Margaret his wife, and their children. He departed the 11th of November, 1505."

"John Colepitts, hoastman, 27th May, 1729, aged 41 years."

"Robert Watson, 1724."

"Cuthbert Snow, 16 Aug. 1694."

Seamen's Porch.

"James Brankstone, 23d November, 1727."

"Willoughby Hall, shipwright."

"Jacobus Metham generosus vitam pro aeternitate mutavit 23 April, 1684."

"Willielmus Bigg, generosus, & Johannes Hindmarch, Armig' hu­manae sortis et fragilitatis memores hoc sibi suisque Deo volente su­premum in terris posuerunt domicilium usque festum resurrectionis mortuorum alta pace gaudendum.

Maxima noscere mori vitae est sapientia, vivit
Qui moritur, si vis vivere, disce mori.—23d April, 1684."

"The burial-place of Thomas Airey, hoastman."

"The burial-place of Richard Hinkster, and Jane his wife."

"John Green, consectioner, 13th May, 1681."

"Ann Colvil, October 12th, 1681."

"Thomas Pattison, mason, died 19th April, 1686. His wife Sept. 6th, 1691."

"Near this place lieth interred the remains of William Cooper, Esq. doctor of physick, who departed this life on the 5th day of May, in the year of our Lord 1758, and in the 60th year of his age: whose memory will be revered by his family, [Page 386] honoured by his friends, and valued by all men who knew the able physician, the polite gentleman, and the honest man."

(He was killed by a fall from his horse.—The father of Sir Grey Cooper, Bart. and the late Rev. Dr. Cooper.)

Insignia of Sir Matthew White, Bart. l

West end of the church.

"Hic jacet corpus Esther Starkin quae obiit 22 Oct. 1681."

"John Addison, fuller and dyer."

"George Graham, 28th December, 1727, aged 82."

There was a stone near the font, which had long been thought to be very ancient. There was nothing to be seen upon it but the four evangelists, one at each corner. It was the blue stone at the east side of the font. It had on it lately the name of Ridley.

In the middle isle.

"William Stephenson, rope-maker's burial-place."

"Thomas Allison's burial-place."

"George Mitford, barber-surgeon, and Jane his wife."

"Henry Towart, master and mariner, his burial-place."

LECTURERS OF ALL-SAINTS.

ROBERT JENNISON, S. T. P. occurs about A. D. 1622 m. He was suspended in 1639 for non-conformity. There had been a sub­scription set on foot for his better encouragement, December 26th, 1631 n.

October 18th, 1639, Dr. Wiseheart was appointed lecturer of All-Saints, upon Sundays, by order of the King, in place of Dr. Jen­nison o.

July 5th, 1641, Mr. William Morton was invited to be pastor of this church p.

Dec. 17th, 1643, Mr. John Shawe occurs as afternoon lecturer q.

July 5th, 1647, Mr. Richard Prideaux was appointed afternoon lecturer, and Mr. William Durant morning lecturer, at All-Saints r.

[Page 388]March 20th, 1656, by an order of common-council, Mr. Richard Prideaux was appointed morning lecturer, and Mr. William Durant afternoon lecturer of this church s.

August 9th, 1663, Mr. Thomas Davison was appointed lecturer of All-Saints, with a salary of 150l. per annum t.

March 23d, 1664, Mr. William Cock u was appointed on the resig­nation of T. Davison.

January 26th, 1666, Mr. William Bickerton was appointed, with a salary of 100l. on the resignation of W. Cock v.

May 8th, 1671, Leonard Shaftoe, A. M. was appointed, on the death of W. Bickerton, both forenoon and afternoon lecturer, with a salary of 70l. per annum w.

[Page 389]August 30th, 1676, William Mayer, A. M. was removed from St. Nicholas' lectureship to All-Saints, where he was to preach both fore­noon and afternoon; salary 90l. x

November, 1686, on the death of W. Mayer, Mr. Nathanael Ellison was appointed, with a salary of 130l. to preach both forenoons and af­ternoons, and in his turn on Thursday's lecture.—To allow 20l. per annum out of his salary for an assistant y.

Dec. 2d, 1687, Mr. Thomas Knaggs z appointed afternoon lecturer; salary 70l.

About April 30th, 1695, Nathanael Chilton, A. M. morning-lecturer, on the removal of N. Ellison to the vicarage a.

July 14th, 1698, on the death of N. Chilton, Mr. Leonard Shaftoe, son of the above morning lecturer of the same name; salary 100l. and 10l. for Thursday's lecture b.

Sept. 21st, 1697, on the removal of T. Knaggs, Ralph Emmerson, A. M. afternoon lecturer; salary 80l. c

[Page 390]Charles Ward, A. M. occurs as afternoon lecturer. He died A. D. 1715 d.

A. D. 1715, Hugh Farrington, A. M. afternoon lecturer; afterwards forenoon lecturer.—He died September 3d, 1739 e.

September, 1731, on the removal of H. Farrington to the morning lecture, Henry Fetherstonhaugh, B. D. late fellow of St. John's Col­lege, Cambridge, was appointed afternoon lecturer f.

September 24th, 1739, Robert Swinburne, A. M. morning lecturer, on the death of H. Farrington; salary 100l. g

April 24th, 1761, Hugh Moises, A. M. morning lecturer, on the death of R. Swinburne h.

June 14th, 1779, Henry Ridley, A. M. on the death of H. Fe­therstonhaugh, afternoon lecturer i.

December 17th, 1783, Cuthbert Wilson, A. M. afternoon lecturer, on the removal of H. Ridley to St. Nicholas' j.

CURATES OF ALL-SAINTS k.

JOHN DE HARPHAM occurs in the year 1380 l.

Robert Croft, in the year 1407 m.

[Page 391]William Daggett, 1424 n.

Robert Hart, 1558 and 1562 o.

George Gray, clerk, occurs Dec. 4th, 1576 p.

Cuthbert, alias Robert Ewbank occurs February 1st, 1577, when, also, William Brown is mentioned as his assistant or sub-curate q.

Edward Cleton occurs March 8th, 1585, and July 7th, 1586 r.

Thomas Edgar, A. D. 1596 s.

John Wood occurs A. D. 1605, in the parish register.—Also A. D. 1610 t.

Samuel Barker, clerk, A. D. 1617. He occurs also August 22d, 1633 u.

Robert Bonner, A. B. licensed December 17th, 1639. He was sequestered and imprisoned for his loyalty in the civil wars v.

Roland Salkeld, A. D. 1660 w.

John Wolfall, A. B. ordained priest March 15th, 1662 x.

Stephen Hegg, A. D. 1664 y.

Reynold Horsley, A. D. 1665 z.

Timothy Fenwick, A. D. 1672 a.

Ralph Grey occurs as curate here, A. D. 1683 b.

Joseph Bonner, A. D. 1688. Afterwards vicar of Bolam c.

Peter Straughan, A. D. 1695, on the resignation of Bonner d.

[Page 392]Anthony Procter, A. D. 1697 e.

Richard Musgrave, A. B. in 1703 f.

Cuthbert Ellison, M. A. of Lincoln-College, Oxford, 1708. Re­moved to the vicarage of Stannington.—He died February 13th, 1744 g.

Henry Bourne, A. M. of Christ's College, Cambridge, licensed 1722. He wrote "Antiquitates Vulgares," and "The History of Newcastle." He died February 16th, 1733 h.

Thomas Maddison, A. M. succeeded Bourne, licensed Sept. 7th, 1733.

William Alderson, clerk—head curate, 1758.

George Stephenson, clerk, head curate, December 1774 i.

One of the two clerks of this parish dying in 1708, it was thought more convenient for the parishioners, as also for the minister, who had [Page 393] a very laborious cure, to have an assistant curate: whereupon Abraham Wilcox, A. M. was appointed. He was succeeded by Ambrose Fen­wick, A. M. afterwards vicar of Stamfordham.

William, alias George Hall was appointed April 30th, 1722. He died in 1741.

Thomas Gatis, A. M. of St. John's College, Cambridge. He was found dead in the Shield Field.

William Alderson, clerk, occurs at the Bishop's visitation, July 18th, 1754.

George Stephenson, clerk.

John Hogarth, clerk, curate at Middleton in Teesdale, Dec. 1774. Afterwards vicar of Kirknewton.

PREACHERS AT ST. ANN'S, A CHAPEL OF EASE TO ALL-SAINTS.

MR. JOHN RAWLETT occurs, March 30th, 1682, with a salary of 30l. k.

October 4th, 1686, Mr. Andrew Bates, on the death of the above, with the same salary.

April 17th, 1710, a new gallery was ordered to be erected in Sand-Gate chapel.

At the same time John Metcalf, A. M. was appointed to preach here once every Sunday, and to read prayers every Sunday, both forenoon and afternoon.

March 6th, 1716, John Chilton, A. M.—Dec. 16th, 1723, his salary was ordered to be stopped.

April 3d, 1717, Mr. Robert Thomlinson to preach here on Sunday forenoons.

March 7th, 1724, order of common-council that 15l. per annum be added to the Reverend John Ellison's salary of 35l. per annum, for St. Ann's chapel, and on the death or removal of J. Chilton, the said J. Ellison to be forenoon lecturer.

[Page 394]Michaelmas, 1725, Mr. Joseph Carr appointed to Sand-Gate chapel.

Sept. 21st, 1726, Mr. Thomas Maddison, on the removal of J. Carr—salary 50l.

June 26th, 1727, Mr. Henry Bourne, Mr. William Hall, curates of All-Saints, and Mr. John Thompson, to preach by turns, on Sunday mornings at St. Ann's—10s. for each sermon.

Sept. 5th, 1727, Mr. Richard Cuthbert, morning preacher.

June 15th, 1732, Mr. Nathanael Clayton appointed to St. Ann's— salary 40l.

May 6th, 1736, Mr. T. Maddison appointed forenoon lecturer—sa­lary 50l.

Mr. John Thompson appointed at the same time to preach in the afternoons—40l.

Dec. 21st, 1761, Mr. R. Brewster appointed afternoon preacher, on the death of J. Thompson.

The present elegant new chapel was consecrated by Bishop Trevor, on Friday Sept. 2d, 1768, having been rebuilt and endowed by the corporation l. Salary for morning preacher, 50l.—afternoon ditto, 40l.

Dr. Fawcett preached and published the consecration sermon.

June 15th, 1772, Cuthbert Wilson, A. M. morning lecturer.

At the same time Cuthbert Wilson, curate of Gateshead, was chosen afternoon preacher.—He died May 8th, 1773.

June 17th, 1773, William Hall, A. M. afternoon lecturer, on the death of C. Wilson.

A. D. 1781, Robert Thorp, A. M. afternoon lecturer, on the re­moval of W. Hall to Heydon-Bridge school.

Dec. 17th, 1783, Thomas Hornby, A. M. of University-College, Oxford, morning lecturer, on the removal of C. Wilson, A. M. to the afternoon lectureship of All-Saints.

Sept. 21st, 1786, Moses Manners, A. M. of Lincoln-College, Oxford, morning lecturer, on the removal of T. Hornby to St. John's.

ST. LAURENCE'S CHAPEL, IN ALL-SAINTS PARISH.

THERE was a chapel or chantry in this parish, dedicated to St. Lau­rence, said to have been founded by one of the earls of Northumber­land, and to have been dependant on the priory of St. John of Jeru­salem m.

March 4th, 1549, King Edward the Sixth granted to the mayor and burgesses of Newcastle upon Tyne, "all that late chapel or chantry of St. Laurence, within the lordship of Byker, and in the parish of All-Saints, in Newcastle upon Tyne, with little St. Ann's Close, lands and tenements in Byker, a tenement in Killingworth, a fishery in the river Tyne, with an annual rent of four shillings out of lands at Hea­ton—all belonging to the said chapel or chantry n."

Leonard Myers was the last incumbent, and had in 1553 a pension of 2l. 14s. o.

The following account of this place occurs in the certificate of col­leges and chantries in Northumberland and Durham, 37 Hen. VIII. remaining in the Augmentation-Office.

"No. 14. The fre chappell of Saynt Laurence in the lordshippe of Bycar within the parishe of Saynt Nicholas in the towne of Newcastell upon Tyne. The said fre chapell was founded by the auncesters of the late erle of Northumberland toward the fyndyng of a prieste to pray for their sowles and all christen sowls and also to herbour such * persons and wayfayryng men in time of nede as it is reported.

[Page 396]"The yerely value 60s.—value by this survey the same, as appereth by [...] rentall, whereof is paid to the Kinge's majestie for the yerelie tenths therof 6s. and remayneth clerely 54s. which one Leonarde Myers hath to his owne use for the term of his lyfe by force of a graunt to hym made by the late earle of Northumberland by hys letters patent under hys seale of armes bering date the 12th day of Auguste in the 25th yere of the Kynges majesties reigne in consideracion of the good service done by the said Leonard heretofore which graunte is confirmed by a decree under the seale of the Kinges courte of augmentations bearing date the 12 daie of Februarie in the 33d yere of the reigne of our soveraigne lord Kinge Henry the 8th. The said fre chapel is within the parishe of Saynt Nicholas aforsaid and about halfe a myle distant from the parishe churche by reporte.

"Ornaments, &c. nil. For ther be neither goodes catalls ne orna­ments belongyng to the same by reporte. Ther wer no other landes nor yerelie profitts apperteyning to the sayd fre chappell sith the 4 daie of Februarie in the 27 yere of the K. majesties reigne more than is be­fore mencioned."

DOG-BANK.

DOG-BANK is a street that communicates between the head of But­cher-Bank and the head of the Broad-Chare, down a very steep hill.

Jews who dealt in silver wares have probably lived here formerly, for this also is called Silver-Street, in some ancient writings p.

PANDON.

PANDON, or Pampedon, anciently a distinct town from Newcastle, was united thereto by a charter of King Edward I. A. D. 1299 q.

Horseley, the learned author of the Britannia Romana r, has conjec­tured, [Page 397] with great probability, that the latter syllable of Pandon was deen, a hollow or a brook. No one has hazarded a probable etymon of the first syllable. That the Romans called it Pampedon or Pantheon, from some building like the Pantheon at Rome having stood in it, is an assertion too ridiculous to deserve refutation. I shall mention, in a note, some other conjectures which have been made on this subject, with equal felicity s.

The kings of Northumberland, after the departure of the Romans, are said to have had one of their palaces in Pandon. A very ancient house, now almost entirely rebuilt, but which retained till very lately the name of Pandon-Hall t, has been handed down by tradition, if not [Page 398] as the very mansion, yet as erected on the site of their palace. "A safe bulwark," says Grey, "having the Picts' Wall on the north side, and the river Tyne on the south."

Near Pandon-Hall, says Dr. Stukeley, in his Iter Boreale, p. 64, was found a seal ring, now in Mr. Warburton's possession, who has en­graved it in his Map of Northumberland.—See a fac-simile copy in plate of Miscellaneous Antiquities, No. 5.

There was anciently a street in Pandon, called Honey-Lane. I know not where to six the site of it u.

Mention occurs of a water-mill near Pandon-Gate, 38 Hen. VI. The mill-dam was on the outside of the town's wall, in the King's dikes v.

The arch that crosses Pandon-Burn is called Stock-Bridge w, which Bourne supposes was anciently made of wood. It appears to have [Page 399] been of stone about the time of Edward I. Formerly the river flowed up to it every tide, and there was a fish-market near it.

An alms-house at Stock-Bridge is mentioned in a will, dated August 21, 1584; but it is alike unknown by whom, or at what time, it was founded x.

A pile of buildings, taken down lately to widen the street here­abouts, was formerly called Alvey's Island y. These buildings, the site of which was anciently a hill of sand, were situated between the foot of Manor-Chare, the foot of Silver-Street and Stock-Bridge.

The street near this place, extending from the foot of Silver-Street to the head of the Broad-Chare, still retains the name of Cow-Gate, the ancient appellation of Manor-Chare z.

[Page 400]The street into which we enter, when we have passed Stock-Bridge [...] the way to Wall-Knoll, was anciently called Fisher-Gate a.

A street that winds up an high hill from the ancient Fisher-Gate, still retains the name of Wall-Knoll, which it has, no doubt, derived from the circumstance of the Roman Wall's having gone over the top of it b.

A few years ago a meeting-house for protestant dissenters was erected on the Wall-Knoll, of which Mr. Richardson was minister.

Not far from this, in the descent towards Love-Lane, is a place of worship used by the sect of dissenters called Independents, of which Mr. William Leighton was minister.

Upon Wall-Knoll stood anciently the house of the Carmelites, or White-Friars, which was deserted by that order, and afterwards inha­bited by the Trinitarians.

[Page 401]The Trinitarians, or Maturines, styled of the order of the Holy Trinity for the Redemption of Captives, also of the order of Ingham, from their house at a place of that name in the county of Norfolk, were brought into England A. D. 1224, and had the lands, &c. of the canons of the Holy Sepulchre allotted them.

Their rule was that of St. Austin, with some peculiar constitutions; and they wore white robes, with a red and blue cross upon their breasts. Their revenues were divided into three parts; the first was for their own maintenance; the second for that of the poor, and the third for the redemption of Christians taken captives by the Infidels. There were ten or twelve houses of this order in England and Wales.

The foundation charter of this housec is dated the Wednesday be­fore Pentecost, A. D. 1360. It was confirmed by the Bishop of Durham, October 2d, 1361, and by the dean and chapter there, April 20th, 1363. The founder was William de Acton, burgess of Newcas­tle. This house was dedicated to St. Michaeld, and the place where it stood was called, from its high situation, St. Michael's Mount.

William de Wackefeld was appointed the first warden: the society were to consist of three chaplains of this order, one whereof to be warden; three poor and infirm persons, and three clerks to teach school, and instruct in the chapel of the house. The property, by which they were to be supported, consisted of a tenement that be­longed to Hugh de Haldenby, two cellars opposite to Cale-Crosse, a [Page 402] piece of ground near the town-wall, a rent of 33s. 4d. from a house near Lorteburn, a rent of 57s. 4d. from a tenement in the Flesher-Rawe, and another of 10s. out of a tenement opposite Cale-Crosse; all given by the founder in frankalmoigne. The master of St. Ro­bert's, at Knaresburgh in Yorkshire, was to be visitor, to visit them annually about Trinity Sunday, on which occasion the master of this house was to present him with an horse-load of fish, and make other proper recompense for his trouble: failing him the mayor and bailiffs of Newcastle were to be visitors.

Three beds were always to be kept prepared for accidental guests e.

February 24th, 1361, King Edward III. after an inquisition made by John del Strother, mayor and eschaetor of Newcastle, granted a licence of mortmain to the Carmelites of that place, to enable them to grant the Wall-Knoll, in which they themselves had formerly resided, to William de Acton, to found thereon this hospital of St. Trinity anew, and to enable the said William to assign to it a messuage that once belonged to Hugh de Haldenby, two cellars, and a piece of ground lying between the land of John de Stanhope, and that of Thomas Milson, and 6l. 3s. 4d. of his annual rents, all in that town, in part of their support, and for the maintenance of their successors for ever. These were all held of the King in burgage of the town of Newcastle by the service of 7d. per annum, and therefore the said William de Acton paid the King a fine of 20l.f

[Page 403]November 30th, 1370, King Edward III. granted a licence of mortmain to Thomas Bentele, chaplain, to enable him to assign a certain void place, and 13s. 4d. of rent in Newcastle, held of the King in free burgage to William de Wakefeld, keeper, and minister of the Holy Trinity, for the redemption of captives of the Wall-Knoll there, and the brethren of that house, in aid of the support of a chaplain to perform divine service, for the souls of the said Thomas and of William [Page 404] Thorald, their fathers, mothers, and ancestors, and all the faithful de­parted, daily, in St. Nicholas' church in that town g.

A. D. 1378, there was a patent, probably a licence of mortmain, to this house, for tenements in Gallewey-Croft, in Shelefeld, and Byker h.

May 26th, 1394, King Richard II. granted a licence of mortmain to John de Bamburgh, chaplain, and John de Refham of Newcastle upon Tyne, to impower them to grant three messuages, fourteen cottages, one toft, three gardens, and thirteen shillings of rent in that town, held of the King in free burgage, and by Agnes de Ripon for her life, and which would have reverted to the said John and John and their heirs, at her death, to support for ever certain charges, according to the ordering of the said John and John on this behalfi.

[Page 405]June 25th, 1397, King Richard II. granted a licence of mortmain to John Gaudes and Robert de Alnewyk, chaplains, to enable them to assign a messuage, with its appurtenances, in Newcastle, held in bur­gage of the King, to the master and brethren of this hospital, and their successors, in aid of their support for ever k.

Roger de Thornton the elder, by his will, dated 1429, bequeathed two fothers of lead to the reparation of this housel.

A. D. 1466, this place is mentioned with the title of "the house of St. Michael of Wall-Knoll," in a grant from the master of St. Tho­mas's chapel on Tyne-Bridge m.

John Preston, of Crosgate, in Durham, by his last will, dated Sep­tember 12th, 1485, gave 3s. 4d. to the brethren of this house n.

[Page 406]March 11th, 1496, Stephen Sheraton and Cuthbert Yonge were ordained priests on the title of this hospital.

As were also Robert Wales, &c. September 23d, 1497 o

Before the dissolution, John Felle, of this house, was convicted of incontinence with a married woman and a single woman p.

Thomas Wayde was the last ma [...]ter or warden of this house, and surrendered it on the 10th of January, 1539 q.

Thomas Wayde had a pension assigned him, one account says of 3l.r but another of 5l. per annums.

[Page 407]It appears from the bailiffs' or ministers' accounts from Michaelmas, 30 Hen. VIII. to that term the year following, remaining in the Aug­mentation-Office, that this place was granted for a term of twenty-one years, from Michaelmas, 31 Hen. VIII. to William Brakenbury of Bis­lete, in Surrey, at the annual rent of 20s. 2d.t.

There occurs in the above a particular account u of the property of this hospital of the Holy Trinity.

[Page 408]In the year 1546 this house, with its revenues, was granted to Sir [Page 409] Richard Gresham, and Richard Billingford, Gent. who conveyed them to William Dent, February 21st, 1548 v.

The property is described as consisting of the house, or priory, of St. [Page 410] Michael de Wall-Knoll, with a garden and orchard of about an acre of ground; an enclosure, or close, near the town-wall, of about four acres, thirty-four messuages, three gardens and a close: also a close called Colerigges, and four ridges in the Shield-Field w.

A. D. 1582, William Dent, alderman of Newcastle upon Tyne, with his son William, conveyed this priory, with an house, orchard and garden, consisting of an acre of ground, to William Jennison, then mayor of that town, and Richard Hodshon, alderman, in trust for the corporation, in whose possession it has continued ever since x. A rent appears to have been reserved to the crown y.

This building is marked in Speed's Plan of Newcastle, A. D. 1610.

Bourne tells us, that, in his time, the east end of the church of this priory was standing. Some vestiges of the old buildings, door-ways, &c. still remain.

Leaving Fisher-Gate z, we enter Croswell-Gate, a place the name of which often occurs in ancient writings. The house of Roger de Thornton is said to have been in this street. Several lanes, or alleys, branch out from it: the first is called Blyth's Nook a, and communi­cates with the present Cow-Gate, near the foot of the Dog-Bank, and is built over Pandon-Burn.

[Page 411]The next is a narrow lane leading to the Burn-Bank b, where Pandon-Burn runs into the river Tyne. There follow Byker-Chare, Cock's Chare, and Love-Lane.—See before in the account of the Key, or Quay.

SUBURBS OF NEWCASTLE.

IN the street that leads from Close-Gate to Skinner-Burn are se­veral glass-houses: one of these was formerly a meeting-house of pro­testant dissenters c. This was removed to a place within the walls at the foot of West-Gate.

Timothy Manlove, preacher at Close-Gate, was buried in St. Ni­cholas' church, August 6th, 1699 d.

Names of ministers since the removal.

Benjamin Bennet e, who christened the famous Dr. Akenside. There is a portrait of Mr. Bennet prefixed to his Christian Oratory, in two volumes.

Dr. Laurence.

W. Wilson f.

[Page 412]Richard Rogerson g.

Samuel Lowthion h.

Dr. Hood i.

Mr. Turner—the present.

There is a charity-school belonging to this meeting-house.

At Skinner-Burn, the boundary of the corporation of Newcastle to­wards the west, a foundry, and several factories for making nails, &c. have been established.

A wide and convenient road conducts from hence, by a gradual ascent, to the Infirmary and the Firth, &c.

INFIRMARY.

A SUBSCRIPTION for the infirmary, a highly beneficial institution to the northern counties, which appears to have been first projected by Mr. Richard Lambert k, an eminent surgeon at Newcastle, was opened on the 9th of February, 1751.

[Page]

To the MEMORY of S [...] JOSEPH SAINT. [...]a [...] TREASURER of the INFIRMARY [...] NEWCASTLE [...] TYNE. St. [...] of that Edifice [...] ordered [...] taken [...]

[Page 413]At a general meeting of the subscribers on the 21st of April follow­ing, statutes, &c. were confirmed, and it was resolved to carry the charity into immediate execution. For this purpose a temporary house, situated in Gallow-Gate, in the suburbs of Newcastle, capable of con­taining 23 beds, was hired, and application directed to be made to the corporation of that town, for a piece of ground on the Firth-Banks, on which the projected infirmary was to be erected l.

April 13th, 1751, subscriptions for the new infirmary were opened, and at the same time the physicians, surgeons, apothecary, secretary, matron and servants were chosen.

Between August 16th, 1751, and the finishing of the new building, thirty or forty patients were kept in the Gallow-Gate house, and some additional apartments in the neighbourhood, and supplied with proper advice, medicine, and diet,

[Page 414]June 20th, 1751, the corporation of Newcastle subscribed 100l. per annum to the infirmary, and directed that it should be supplied with water from the pipe that feeds their pant, or public fountain, near New-Gate m.

September 5th, 1751, the first stone of the new building was laid by the Bishop of Durham, grand visitor, attended by a great number of gen­tlemen who were assembled at the anniversary meeting of the Sons of the Clergy at Newcastle. A plate of copper was fixed on the stone, with the following inscription: "The foundation of this infirmary was laid on the 5th day of September, in the 25th year of the reign of King George the Second, 1751, by the Right Revd Joseph, Lord Bishop of Durham, grand visitor."—On the reverse, "The ground was given by the corporation of Newcastle, Ralph Sowerby, Esq. mayor, William Clayton, Esq. sheriff n."

This building was opened for the reception of patients, October 8th, 1752 o.

It was computed to have cost above three thousand pounds.

The receipt for the first year, ending April 6th, 1752, amounted to 2643l. 1s. 2½d. when it appeared that 133 patients had been cured p.

June 27th, 1753, was held the anniversary meeting of the subscri­bers to this charity: the Earl of Northumberland, Lord Ravensworth, Sir Walter Blackett, Bart. George Bowes, Esq. and Henry Partis, Esq. mayor of Newcastle, presidents; Sir Thomas Clavering, Bart. Sir Henry [Page 415] Grey, Bart. Matthew Ridley, Esq. and Matthew White, Esq. vice-pre­sidents, with a great number of governors and contributors, met at the Exchange in Newcastle, and proceeded from thence with the stewards to St. Nicholas' church, where a sermon q was preached on the occasion by the Rev. Dr. Parker, vicar of Elwick, in the county of Durham r.

Friday, October 18th, 1754, being St. Luke's day, the chapel of this infirmary, dedicated to that Evangelist, and the burying-ground adjoining, were consecrated by the Bishop of Durham.

A sermon was preached on this occasion by the Rev. Mr. Dockwray, fellow of St. John's College, Cambridge, and lecturer of St. Nicholas' in Newcastle.

Mrs. Byne presented a silver flaggon, and Lady Musgrave two pieces of silver-plate, being a legacy left by Mrs. Hilton, for the use of the chapel s.

About the year 1758 Sir Walter Blackett, Bart. gave a thousand pounds to this charity, and appropriated ten pounds per annum, part of the interest of that sum, to a chaplain, to perform divine service, and visit the sick in this house t.

[Page 416]April 3d, 1760, the number of surgeons to this infirmary was aug­mented from two to four u.

A. D. 1761, a design was in agitation to build an Inoculation-Hos­pital, as an appendage to this infirmary; but this generous intention, by whatever means, was frustrated v.

February 19th, 1763, mention occurs of a benefaction in the will of the late Mrs. Elizabeth Davison of Durham, for the relief of such miserable persons as should be dismissed as incurable from this infir­mary w.

A. D. 1770, Mr. Joseph Saint was appointed treasurer of this in­firmary, on the death of Mr. Joseph Airey x.

In the year 1778 there was a benefaction of 100l. given by Mr. John Pemberton to the infirmary of Newcastle y.

A. D. 1782, a legacy of 100l. to this hospital, by the late Mrs. Mary Buck z.

The same year a legacy of 50l. to this charity by the late Mrs. Pul­leine a.

A. D. 1783, Aubone Surtees, junior, Esq. was appointed treasurer, on the death of Mr. Joseph Saint b.

October 5th, 1786, the Duke of Northumberland was chosen presi­dent in the place of the late Duke his father.

FIRTH II.

NEAR the infirmary is the Firth or Forth c, which is said to have been [Page 417] anciently a fort belonging to the castle d, and to have been given to the townsmen of Newcastle, for their good services, by King Edward III.

The corporation of Newcastle occur as paying rent for it soon after the restoration of King Charles II. e

King Henry III. is said to have given licence, in the 23d year of his reign, to dig coals and stones in the Forth f.

The boundaries of this place are described in an inquisition taken in the castle of Newcastle concerning the possessions thereof, August 18th, in the 18th year of the reign of King James I. g

[Page 418]Mention occurs of the Forth in an old rental of the sheriff of New­castle, which appears about the age of King Charles I.h

It is mentioned also, in a survey of crown lands, &c. in and about Newcastle upon Tyne, taken in the year 1649 i.

September 25th, 1657j, there was an order of common-council to lease out the Firth and paddock adjoining, under the common seal of the town, for 21 years, at a rent not exceeding 20l. per annum, the lessee to let it to none but the green keeper, and permit all the liberties, privileges, and enjoyments, formerly used there: among these occur, "lawful recreations and drying clothes."—There is mentioned also "a yearly rent of four pounds, payable by the towne as an out-rent due to the state."

About this time a bowling-green and house for the keeper were made in part of the Forth, by contributions.

July 19th, 1680, there was an order of common-council to build a wall and plant trees round the Firth k.

September 25th, 1682, there was an order of the same body, "to [Page 419] make the Firth-House suitable for entertainment, with a cellar conve­nient, and a handsome room, &c.l"

The following account of this place occurs in the surveyor-general's report, dated December 22d, 1735. Speaking of the Castle-Garth, he says, "As to the parcells mentioned in this grant, I find several things inserted therein, that were never enjoyed by virtue of any of the grants above mentioned (Stephenson's, Lord Macclesfield's, and that of the town of Newcastle.—See account of the castle). The Castle-Fields and the Frith m are entirely distinct parcells, of considerable extent and value, and are enjoyed by the corporation or their assigns, as fee-farm."

SUBURBS OF WEST-GATE.

A SMALL runner of water intersecting the road to Carlisle, a few yards westward of the West-Gate, divides the county of Northumber­land from the county of Newcastle upon Tyne. A gallows stood lately on the Northumberland side of this runner, where a temporary one is [Page 420] occasionally erected on the same site, for the execution of criminals be­longing to that county.

The owners of houses in the street without the West-Gate have votes in the election of members of parliament for the county of Northum­berland. A road branches off here, on the left hand, leading into the Close by the Firth and Infirmary, and another road, turning upon the right hand, conducts to the Town-Moor, &c. past the Warden's Close, which belonged to the monastery of Black-Friars. Bourne, after Grey, tells us, it seems to be called the Warden's Close n, because it belonged [Page 421] to the wardens of the priory of Tinmouth.—I am rather inclined to think it a corruption of Wardell's Close o, the sirname of some former lessee. Before we come to the Warden's Close, on the left hand is the entrance to the new medical baths, of which a plan and elevation have been published, inscribed to John Erasmus Blackett, Esq. mayor of New­castle, "W. Craneson, archt. R. Beilby sculpsit." See plan of the town.

Higher up on the right hand, and near St. John's Work-House, is the entrance to the Lunatick Hospital.

October 7th, 1765, it having been represented to the corporation of Newcastle upon Tyne, that a piece of ground p was wanted for the site of an hospital intended to be erected in or near to that town, for luna­ticks belonging to the counties of Northumberland, Durham, and New­castle upon Tyne, and the Warden's Close, a field without the walls of that town, between New-Gate and West-Gate, having been judged the properest situation for it, they had appointed a committee of the com­mon-council [Page 422] to portion off a part thereof for that purpose; upon whose report that they had measured and staked out a plot of ground for the site of the intended hospital, the common-council aforesaid ordered that a lease should be granted in trust for the use above-mentioned, from the Christmas day following for the term of ninety-nine years, under an annual rent of two shillings and six-pence q.

Dec. 4th, 1768, the corporation of Newcastle granted leave for a passage to be made into the street called Gallow-Gate, for the additional convenience of this hospital r.

THE SUBURBS OF NEW-GATE.

THE suburbs of New-Gate appear to have been ruined at the time of the grand rebellion s.

The street turning to the left hand on the outside of New-Gate has the name of Gallow-Gate t, because the malefactors for the town of Newcastle pass along it on their way to the gallows, which stands on the entrance to the Town-Moor, in a place called Gallows-Hole.

[Page 423]A lane at the head of this street, intersecting the road from West-Gate to the Town-Moor, joins the Carlisle road at Quarry-House.

The street proceeding straight on from New-Gate to Barras-Bridge is called Sid-Gate u, by the common people that live in it, and of late, by its politer inhabitants, Percy-Street.

The lane that leads from Sid-Gate or Percy-Street to the Leazes, an­ciently styled "Myln-Chare v," has at present the name of "Blind-man's Loaning." Probably some old blind beggar w has sat in it formerly to solicit alms. On the same side of the street, but a little nearer to Barras-Bridge, is a burying-ground for dissenters x.

THE SUBURBS OF PILGRIM-STREET.

THESE also were ruined in the grand rebellion under Charles I. y A wide and well-built street at present conducts from Pilgrim-Street-Gate to the Barras-Bridge, which with great propriety is called "Nor­thumberland-Street." A range of houses just above the gate have the name of "Northumberland-Place."

On the right hand, a little way out of the gate, a row of good houses has lately been erected: it branches off to the east, and is called, in honour of the late Sir George Savile, Bart. "Savile-Row." Near this there is a little opening, denominated "Lisle-Street."

Opposite to Savile-Row stands a large building, wherein the very numerous sect called methodists assemble for divine worship, called the Orphan-House z.

A little nearer to Pilgrim-Street-Gate, on the other side, was some years ago a conventicle, called "The Tabernacle," but was deserted of its pastor, and has since been converted into dwelling-houses a.

Northumberland-Street, passing a lane going eastward, called Vine-Lane b, the Pinfold c, and Magdalen Hospital, is united with Sid-Gate, a little on this side of the Barras-Bridge.

[Page 425]The hospital of St. Mary Magdalen d, some parts of which, con­verted into dwelling-houses, still remain, is said to have been founded by King Henry I. It was a priory, or hospital, for a master, brethren and sisters, to receive persons afflicted with the leprosy e, a dreadful contagious disease, which anciently, from whatever cause, appears to have been very common in this kingdom.

A bull was granted to this house by Pope Alexander, the third or fourth of that name, the original of which I have seen. It confirmed to the master and brethren the possession of their house, gardens, rents, woods and other property, and favoured them with an exemption from tythes f.

[Page 426]November 2d, 1291, King Edward I. granted a licence of mort­main to the master and brethren of this hospital of the blessed Mary Magdalen, to hold a house in Newcastle upon Tyne, which John de Hercelaw had bequeathed to them by his last will g.

A. D. 1369, John Bland, a great benefactor to this hospital, occurs as the master thereof. He died on the day before the feast of St. Mi­chael, Sept. 28, 1374, and was buried in the chapel of this house h.

Tanner, in his Notitia Monastica, mentions a patent for the advowson of this place, of the date of 1382 i.

Roger Thornton the elder, by his will, dated in 1429, left to the "lepremen" of Newcastle, two pounds k.

Speed informs us that this house was valued at 9l. 11s. 4d. per an­num, in the year 1535 l.

It was dissolved by the statute of the 31st of King Henry VIII. but is said never to have come in charge before the King's auditors of the county, nor to have paid rent to the King's receiver. Yet see after­wards.

[Page 427]January 20th, 1542, Edward Burrell, clerk, and master of this house, by the title of "Master of the hospitall of St. Mary Magdelayne without Pilgrimstreate yett within the subberbs of the towne of Newcastell upon Tyne, and previsour of the chapell of St. Jaymes and of the lazer-house neighe adjoyneing to the said hospitall;" and the brethren and sisters of the same lazar-house granted to Robert Brandling, merchant, a lease of the lands belonging thereto, for a term of eighty-five years m.

The following account of this place is preserved in the certificate of colleges and chantries in Northumberland and Durham, 37 Hen. VIII. A. D. 1546, remaining in the Augmentation-Office: "The hospitalle of Mary Magdalen in the suburbes of the towne of Newcastell upon Tyne within the parish of St. Andrewe was founded by reporte to th' entent ther shoulde be a master bretherne and systers to receyve all suche leprose folks as should fortune to be diseased of that kynde of sickeness and with the revennues of the same the said lepers wer relievyd and syns that kynde of sickeness is abated it is used for the comforte and helpe of the poore folks of the towne that chaunceth to fall sycke in tyme of pesti­lence.—Yerely valew 9l. 11s. 4d.—valew accordyng to this survey [Page 428] 9l. 18s. as apereth by a rentall wherof is paid to the Kinge's majestie for the tenthes 19s. 1d. ob. quad. and remayneth 8l. 18s. 10d. quad. whiche ben employed to the sustentacion and relief of Gilbert Lewen priest, master of the said hospital who is not ther resident for the ayde and comfort of poor people and impotent persones thither resortyng ac­cordyng to the tenor of the said foundacion—within the parishe of St. Andrewes about a furlong from the parishe church.—Value of orna­ments &c. 9s. 2d. as apereth by a perticuler inventory of the same. Ther wer no other landes nor yerely profitts, &c."

A. D. 1564, Edmund Wiseman, a servant of Sir Nicholas Bacon, Knight, and keeper of the great seal of England, obtained a presenta­tion, from the Queen, of this hospital, the true patrons whereof were the mayor and burgesses of Newcastle upon Tyne, who had presented thereto from time immemorial. By virtue of the presentation by Queen Elizabeth, the Bishop of Durham would have inducted n the said E. Wiseman, but was prevented by the mayor and aldermen of Newcastle, the hospital being a donative, and not a benefice inductible by any bishop o.

February 15th, 1569, the mayor and burgesses of Newcastle granted the next presentation of this hospital to Henry Anderson, Robert Mit­ford, and Christopher p Mitford.

February 14th, 1582, and July 7th, 1586, Robert Mydforthe oc­curs as master of this place q.

[Page 429]Tanner informs us, that this hospital was granted away by Queen Elizabeth, A. D. 1582 r, though it was afterwards re-established in the year 1611, when the chapel of St. Thomas the Martyr, on Tyne-Bridge, was annexed thereto, by a charter of King James I.

Fourteen persons, says Bourne, residing in the house, were each allowed a room, coals, and eight shillings per month; and fifteen others were a sort of out-patients, with different allowances, some of eight shillings, some of five shillings, and others of two shillings and six-pence per month s. This place appears to have paid, till very lately, three shil­lings and four-pence for episcopal procuration t.

By a charter of King James I. dated June 12th, 1611, the chapel on Tyne-Bridge was incorporated with this hospital: The preamble sets forth, that because the ancient deeds of endowment, &c. of these two places had either been lost or destroyed by time, and some persons were attempting to appropriate their several possessions to their own use, the King therefore united them, and decreed that the hospital of St. Mary Magdalen, and the chapel on Tyne-Bridge, so incorporated, should consist of a master, who was at least to be a master of arts, and three old poor and unmarried burgesses of the town, who should be a body politick in law, have a common seal u, power to sue and be sued, let leases, &c. the mayor and the rest of the common-council of Newcastle upon Tyne to be patrons, have the presentation of the ma­stership, and power to review and alter the statutes. The King gave them, at the same time, the hospital of St. Mary Magdalene, and the chapel on Tyne-Bridge, with all the possessions of each of them, for which they were to render and pay such rents and services as had be­fore been accustomed to be rendered and paid. The master, after the [Page 430] death of the first named in the charter, to have a third part of the rents, and the other two parts to be divided amongst the three bre­threnv.

Cuthbert Sydenham was appointed master, November 22d, 1652, on the death of Dr. Robert Jennison, named in the charter above­mentioned w.

Samuel Hammond succeeded, February 24th, 1653 x.

Robert Bonner, A. M. August 27th, 1662, on the removal of S. Hammond y.

Thomas Davison, A. M. October 2d, 1676, on the death of R. Bonner z.

John Chilton, A. M. March 6th, 1716, on the death of T. Da­vison a.

Robert Thomlinson, A. M. (afterwards D. D.) April 3, 1717, on the removal of J. Chilton b.

Henry Featherstonehalgh, B. D. January 18th, 1748, on the resig­nation of Dr. Thomlinson c.

Nathanael Clayton, B. D. June 14th, 1779, on the death of H. Featherstonehalgh d.

Henry Ridley, A. M. September 21st, 1786, on the death of N. Clayton e.

[Page 431]Bourne supposes that Barras-Bridge was so called from its conduct­ing to the Barrows, or burying-ground of the Magdalen hospital f.

On the north side of Barras-Bridge, before the chapel of St. James, a great cross appears to have stood in ancient times: it was destroyed as a piece of idolatry at the grand rebellion g.

From hence we enter upon the Town-Moor.

This large track of ground appears to have been called anciently "Castle-More."

Bourne h, on I know not what authority, tells us, that it was ori­ginally a wood very famous for oaks, out of which have been built many hundreds of ships, and all the houses of the old town of New­castle, to the burgesses of whom it is said to have been given by Adam of Jesmond i, about the reign of King Henry III. More probably it has been originally one of the appurtenances of the corporate town of [Page 432] Newcastle, for which the burgesses paid their fee-farm rent to the crown k.

In the 31st Ed. III. the Town-Moor is mentioned as having, from time immemorial, belonged to the town of Newcastle upon Tyne, as it appeared by an inquisition returned into Chancery l. It was then de­scribed as extending from a certain place called "the Thorn-Bush m, near the cross," and then by certain divisions and boundaries set up to­wards the said town of Newcastle, as far as the gallows, and so between the posts of the gallows: one of which stood on the boundary between the land of the prior of Tinmouth, and that of the town of Newcastle, and so on by the Quarrel (i. e. Quarry) Dyke, and then by the King's way to the said town.

By an inquisition taken at the castle of Newcastle upon Tyne, August 13th, in the 18th year of the reign of King James I. n Castle-Moor appears to have contained 848 acres, and the boundaries of it are described at that time as beginning at a certain house called Sick Man's House on the south, and so extending to the fields of Jesmond on the east, to a certain corner there, and from thence turning westward to the gate leading from Newcastle to Morpeth, and so on westward near the limits of Coxlodge on the north to the corner of the Nun-Moor: on the west to a certain corner where a hedge was anciently, near the Cow-Gate, leading from Newcastle to Hexham; by the boundaries of the fields of Elswick on the south to the gallows, and from thence turning westward and north, by the bounds and territories of East-Field on the west, to a certain corner of the Castle-Field, and turning south and east by the [Page 433] boundaries of the Castle-Field on the south, to the said house called Sick Man's House.

A colliery occurs as working on the Town-Moor at the time of the grand rebellion o.

March 22d, 1647, grass men, to take care of the Town-Moor, occur in the common-council hooks p.

By an article of agreement, preserved in the act-book of the common-council, dated April 1st, 1653, between the mayor and burgesses, and Robert Hunter their neateherd, it was stipulated, that the four servants of the latter, every morning, from Lady-Day to Michaelmas betwixt four and five o'clock, and from Michaelmas to Lady-Day between seven and eight o'clock, should enter the several gates of the town, and blow their horns along the streets, as a signal for the owners of cows to bring them out, in order to drive them to the Town-Moor.

October 28th, 1657, there was a petition from Humphry Gill and John Cooke, to the common-council of Newcastle, for leave to make a way, and bring coals out of Fenham-Fields, over the Town-Moor, at the distance of about sixty yards from the highway leading over the said moor; and on the 8th of December following, leave was given them by that body to cause a gate to be hung, and the way to be paved from the gate to the said highway q.

[Page 434]July 18th, 1747, an advertisement appeared in the Newcastle Cou­rant, for proposals to be sent in for making a carriage-way, at the expence of the corporation, in the high road leading from Barras-Bridge through the Town-Moor, to the north end of the Cow-Causeway, in that part of the road where the causeway then lay, to be eleven yards in breadth, and ballasted in the same manner as a turnpike road r.

A. D. 1753, a turnpike-road was made, by order of common-council, over the Town-Moor, from the west end of the Broad Causeway, lead­ing from Gallow-Gate to the West Cow-Gate, there to join the turn­pike-road leading from the said West Cow-Gate to the river Wans­peck s.

Newcastle races, which at present are annually run upon the Town-Moor, appear formerly to have been run upon Killingworth-Moor, in the vicinity of that town t.

[Page 435]June 5th, 1753, the first royal purse of an hundred guineas was run for upon the Town-Moor, and won by a horse called Cato, the property of George Bowes, Esq. u.

January 19th, 1756, there was an order of common-council to give 75l. towards putting the race-ground upon the Town-Moor into good condition v.

September 24th, 1764, by order of common-council, a way-leave from Fenham to the turnpike on the Town-Moor was granted for 99 years, on the petition of William Ord, Esq. of Fenham, at the annual rent of one shilling, on condition that Mr. Ord should keep the road in repair, which was to be made in a straight line from the end of his own lane to the turnpike-road, at his own expence w.

January 14th, 1765, by an order of the same body, Mr. Ord was per­mitted, on his petition, to set up gate-posts, and to hang two gates thereon, in the hedge between the Town-Moor and his estate at Fen­ham, on his paying an annual rent of a shilling for each gate x.

Dec. 31st, 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 y.

A similar design appears to have been in agitation some time before, but the scheme was then set aside as impracticable by the magistrates and common-council.

This matter occasioned a violent dispute between the mayor and com­mon-council, and some of the burgesses: Serjeant Glynn, recorder of London, was invited down to Newcastle on behalf of the burgesses in this affair; and by his mediation at the assizes, August 10th, [Page 436] 1773 z, it was agreed that the leasing of the Town-Moor should be settled by act of parliament.

The burgesses in the opposition called the agreement made on this occasion a victory a, and appointed a committee, composed of delegates from each company, to carry on the heads of a bill to be presented to [Page 437] parliament, in the adjusting of which they had no small altercation b with the magistrates. The act passed for this purpose A. D. 1774, 14 Geo. III.

Two annual fairs are kept upon the Town-Moor, on a part thereof called Cow-Hill, one on the first of August, and the other on the 18th of October, "of which," says Bourne, "the tolls, booths, stal­lage, pickage, and courts of pie-powder to each, were reckoned in Oliver Cromwell's time, communibus annis, worth twelve pounds c."

I have not been able to discover the limits of Castle-Field, or whether any part of it composes that division of the Town-Moor, now called "Castle-Leazes d."

Grey informs us, that there was a tradition, that Castle-Field was given to the townsmen of Newcastle by King John: however that may be, Castle-Field is mentioned with Castle-Moor, as having, from time immemorial e, belonged to that town, in a charter cited before, 31 Ed. III. and which confirmed to them the possession of both these com­mons.

[Page 438]But how are we to reconcile the above with Bourne's account of this place? His words are, "This place was formerly the inheritance of di­vers persons, owners thereof, who were accustomed from ancient time to take the fore-crop thereof yearly, at or before Lammas-Day; and after that, by an ancient custom, all the burgesses of this town used to put in their kine, and used the same in pasturing of them till Lady-Day in Lent, yearly, and then to lay the same for meadow again till Lammas."

In an inquisition, dated August 13th, 18th of James I. the jurors ac­knowledge themselves entirely at a loss how to present the certain num­ber of the acres of Castle-Field, as the certain boundaries and limits thereof neither appeared to them by record, nor any other testimony f.

The following account of Castle-Fields, alias Castle-Leeses, occurs in an original survey of the Castle-Garth, dated October 29, 1649, re­maining in the Augmentation-Office:

"Item, one parcell of pasture-ground commonly called and known by the name of the Castle-Fields alias Castle-Leeses containing by esti­macion 40 acres worth 20l. per annum, but wee could not receave in­formation of the bounds of it, and although this be leased (as we con­ceive) by the crown to the sayd Alexander Stephenson, yet hee never had possession therof, but both this and the other parcell of ground called the Frith hath been tyme out of mynde in the possession of divers persons residing in or neare unto Newcastle and (as we are in­formed) holdeth the same of the crowne in fee-farme. Therefore wee [Page 439] have not valued the same but leave them to better judgements."—In the margin, "This and the last parcell to be cleered g."

There is preserved in the archives of the corporation of Newcastle, a grant to the mayor and burgesses of that town, to purchase the sweep­age of the Castle-Leazes—dated August 12th, in the 33d year of the reign of King Charles II h.

Mr. Thomas Davison, by his will, dated November 25th, 1675, gave to the company of merchant-adventurers in Newcastle certain lands in the Leazes there for ever, of the yearly value of 10l. 10s. upon certain conditions.

August 10th, 1681, the above merchant-adventurers, in considera­tion of an annual rent of 13l. payable for ever out of the town-cham­ber of Newcastle, at Michaelmas, sold the above lands to the corpora­tion of that place.

They are described, on this occasion, as consisting of "ninety-four ridges of land in the Castle-Field i."

There is an order of common-council, September 21st, 1710, for "haining the Castle-Leazes, from the 25th of March to and with the 17th of May following." This, no doubt, was intended for the benefit of the herbage k.

[Page 440]In the surveyor-general's report concerning the castle lands, dated December 22d, 1735, this place is mentioned as follows:

"The Castle-Fields and the Frith are intirely distinct parcels, of con­siderable extent and value."

There was an order of common-council, September 28th, 1775, to pay ten guineas a year to each of the herds of the Moor and Castle-Leazes, in lieu of the five stints allowed to each of them before that time l.

NUN-MOOR.

THIS was once the property of, and took its name from, the nuns of Newcastle, to whom, and to St. Mary's hospital in that town, it is said to have been given by Aselack, the founder of that hospital, and confirmed to them by a charter of King Richard I. m

April 5th, 4th of Henry VII. Dame Joan, prioress of the monastery of St. Bartholomew in Newcastle, and the convent of the same, granted a lease of the Nun-Moor for an hundred years, at the annual rent of 23s. 4d. to the mayor and commonalty of that town n.

The Nun-Moor, after the dissolution of religious houses, was granted, in the 36th of Henry VIII. August 22d, to John Broxholm, for 1122l. 15s. 6d. o

[Page 441]There is preserved in the archives of the corporation of Newcastle, dated September 1st, 36 Hen. VIII. a conveyance of the Nun-Moor from John Broxholme, of the Inner-Temple, gentleman, to Robert Brandling, of Newcastle upon Tyne, merchant, in consideration of the sum of 21l. p.

There is preserved, ibid. dated January 6th, 1604, a feofment with livery and seizin, whereby Robert Brandling, of Felling, Esq. settled the Nun-Moor, and a house on the Sand-Hill, called the Custom-House, on himself for life, and afterwards on his son Richard Brand­ling, for his life.

About the year 1650 q, or 1651 r, Nun-Moor appears to have been purchased of Mr. Charles Brandling, of Gateshead, by the corporation of Newcastle upon Tyne, who have annexed it to the Town-Moor.

SUBURBS OF PANDON.

A ROAD from Pandon-Gate leads to Shield-Field, and Ouse, or Use-Burn.

Shield-Field was in ancient times a place where the army used to muster s. Later accounts represent it as a place of public recreation t: It is at present become private property u.

[Page 442]Near the entrance to Shield-Field are the visible remains of a great fort, which was erected here in the time of the grand rebellion v.

Ouse-Burn is a pretty considerable village, situated on a burn of that name that runs through it, and falls into the Tyne a little below.

The banks of this burn in many places, especially near the village of Heaton w, are very beautiful and romantic.

The top of Pandon-Bank is commonly called "Conduit-Head." A reservoir still remains x behind the houses there, which supplies Sand-Gate Pant with water. There are many fine springs about this hill, and I am much inclined to be of opinion that there has been a reser­voir here in the most ancient times, for supplying the palace of the Saxon kings, and after that the house of Carmelites, with water. If [Page 443] I might hazard a conjecture on the true etymon of Pandon, I would define it to mean "the hill of the pand, or pond, or reservoir." See etymology of the word "pant," in the account of Warden's Close in the suburbs of West-Gate.

I shall throw together in this place the several notices I have been able to collect concerning the means used at various periods for sup­plying the town of Newcastle with one of the chief necessaries of life.

November 24th, 1645, there is an order of common-council for cutting off a vein of water which had lately been discovered and brought into the town, but is said to have been found "hurtfull and dangerous to be used for food and dressinge of meate y."

July 26th, 1647, an agreement occurs between the corporation of Newcastle, and Mr. William Gray, concerning water to be conveyed from his conduit in Pandon-Bank, to Sand-Gate. It appears, that part of the waste called the King's Dikes had been granted to him by way of recompense. The mayor and burgesses are mentioned at the same time as having a right to bring part of that water to the Mannors, "ac­cording to its ancient and accustomed course z."

February 4th, 1654, there is an order of common-council for con­veying the water from Cow-Gate that came under ground from All-Hallows church end, and had become a nuisance to that street a.

March 2d, 1656, there was an order of common-council to treat concerning some water in Gallow-Gate, which was intended to be brought in, and to supply the pants in Newcastle b.

June 3d, 1657, there was a complaint before the common-council, against Mr. Ralph Jennison and Mr. William Wallis, coal-owners, for having diverted a third part of the water usually coming to the pants [Page 444] in Newcastle, by sinking below the level of the water-course. Mr. Jennison was threatened with a prosecution on this occasion; but, on his submission, and staying the workings, the common-council put a stop to their proceedings against him c.

A similar complaint occurs before the same body, July 20th, 1657, against the above Mr. Wallis, for working in the Quarry-Close, to the prejudice of the water supplying the several pants in Newcastle d—as also October 11th, 1658, against Mr. Wallis and others for working a coal-pit in the Gallow-Flatt, that would divert the town's water as above e.

Dec. 16th, 1675, urgent complaints occur of a great scarcity of wa­ter at that time in Newcastle, whereupon there was an order of com­mon-council, that all private cocks should either be stopped or cut off f.

January 17th, 1675, there was a committee of the common-council appointed to consider about placing another pant "at the Swirle," or elsewhere in Sand-Gate g.

August 8th, 1677, there was an order of common-council, for the town's surveyor to adorn a well at Gallow-Gate, for the benefit of the burgesses and other inhabitants h.

October 4th, 1680, a proposal was laid before the common-council by a "Mr. Cuthbert Dikes," to erect a water-engine for supplying the town of Newcastle with water, from the river Tyne, for the convenience of brew-houses, victualling-houses, &c.—A committee appointed for this business fixed a place for it without Sandgate-Gate, where it was after­wards [Page 445] erected.—A covenant between the corporation and the proprie­tors of this work occurs in the common-council books, June 27th, 1693 i.

September 24th, 1694, there was an order of common-council to treat with Mr. William Soulsby about bringing new water from the spring of the Castle-Leazes, into the town of Newcastle: there appear to have been great complaints about this time concerning the scarcity of water k.

October 11th, 1697, there was an order of common-council for a lease to be granted to Mr. William Yarnold l, according to the cove­nants [Page 446] then viewed and agreed on for erecting cisterns, and laying pipes in the town's liberties and grounds, in order to bring good and whole­some water to the inhabitants of Newcastle. This was called the new water, and came from Gateshead-Fell.

June 30th, 1703, there was an order of common-council for the building committee to erect a pant in West-Gate, which had been peti­tioned for by the inhabitants of that street m.

June 17th, 1714, also Dec. 18th, 1717, complaints occur in the common-council books, of a great scarcity of water in the town of Newcastle n.

April 5th, 1737, there was an order of common-council, that the publick water should not be conveyed into the houses of any inhabit­ants of Newcastle, except those of the mayor, recorder, aldermen, sheriff and town-clerk o.

October 6th, 1746, there was an order of the common-council for a committee to view a spring of water in the grounds of Coxlodge, belonging to John Stephenson Esq. This was in consequence of a great want of water, repeatedly complained of, for the supply of the inhabitants of Newcastle at the common pants p.

By an advertisement in the Newcastle Courant for June 25th, 1748, John Hodgson, Esq. of Elswick, informed the publick of his inten­tions to begin immediately to work his colliery at Quarry-House, by which the greatest part of the water coming to the pants in Newcastle would be taken off, or at least rendered useless: taking it for granted that the publick were to be supplied more easily some other way, as he [Page 447] had never had the offer of any terms for the continuance of that supply of water, notwithstanding he had given notice twelve months before of such his intention, and, by a publick advertisement of the 14th of the preceding November, had given the town a proffer of it on equitable conditions.

December 17th, 1767, a committee was appointed by the common-council, to consider how the town of Newcastle might be better and more properly supplied with good and wholesome water q.

September 19th, 1770, the common-council ordered a lease, under their common seal, to be granted to Mr. Ralph Lodge, and the other proprietors of the undertaking, to supply the town of Newcastle with good water, of a piece of ground at the foot or south end of the Town-Moor, with liberty to dig and make a reservoir there, and to erect, set up, and make one hundred fire-plugs, or such further number as should be wanted, in convenient and proper parts of the town, within or without the walls, at the direction of the common-council, to be used for extinguishing casual fires: as also to make a proper pipe trench, and lay and keep pipes therein, for bringing water from Coxlodge grounds, through the Town-Moor to the said reservoir, and from thence into the town, for the term of two hundred and twenty-seven years, from the 11th day of October following, at the annual rent of 13s. 4d. on condition also, that the mayor and burgesses should pay 50l. per annum to the said proprietors for the above hundred fire-plugs, and 10 shillings a-piece, yearly, for any others that might be wanted r.

[Page 448]December 18th, 1777, there was an order of common-council to impower Mr. Richard Brown, colliery-viewer, and Mr. John Fen­wick, town's surveyor, to proceed in the necessary works for convey­ing the water in Spring-Gardens, at the head of Gallow-Gate, into the town of Newcastle, for the use of the publick at large, agree­able to the particulars and estimate that had been laid before them s. This water had been generously proffered to the publick, by George Stephenson, Esq. of Elswick, in a letter addressed to the common-coun­cil, who accepted his kind offer, and are said to have expended about 500l. in preparing aqueducts for conveying it into the town.

SUBURBS OF SAND-GATE.

THE suburbs of Sand-Gate, except some houses near the walls of the town, appear to have escaped the fury of the civil wars t.

[Page 449]In Speed's Plan of Newcastle, dated 1610, no buildings occur on the site of Sand-Gate. This street has evidently had its name from its situation on the sand by the river's side—it is more crowded with inhabitants than any other place within or without the walls of New­castle, containing many thousand souls. Sand-Gate is principally in­habited by those who work in the keels or lighters, an hardy and labo­rious race of men, but by no means so mutinous as some writers have too hastily chosen to stile them.

On the Garth-Heads, behind Sand-Gate, is a meeting-house for dissenters, of which Mr. Robert Marr u and Mr. Thomas Somerville v were ministers. The latter died January 8th, 1778.

Between the Keelmen's Hospital, above Sand-Gate and the Town's Wall, stands the Sally-Port meeting-house for dissenters, of which Mr. James Robinson, or Robertson w, and after him, Mr. Baillie, were ministers.

A runner of water, called anciently the Swerle x, at present, by cor­ruption, "The Squirrel y" divides Sand-Gate, near the middle thereof, from St. Ann's, which, in appearance, is only a continuation of one and the same street.

[Page 450]At the entrance into Sand-Gate is a milk-market z.

St. Ann's Street has evidently had its name from a neighbouring chapel, dedicated to that Saint.a Beyond this is a ropery upon a ballast-hill, which is said to have been the first ballast-shore without the town of Newcastle; for which purpose, and that of erecting lime-kilns upon it, it appears to have been purchased by the mayor and burgesses' of the lord of the manor of Byker.b

A. D. 1776, a new road for carriages, &c. leading past the Keel­men's Hospital, and behind the streets of Sand-Gate and St. Ann's, to­wards the north, was made by the commissioners and trustees of the turnpike-road leading from Newcastle to North-Shields, having ob­tained a lease of the ground necessary for that purpose, at the yearly rent of one shilling, from the common-council of Newcastle c.

Before I speak of the Keelmen's Hospital, it will be necessary to give some account of this very useful body of watermen, who work the lighters or keels on the river Tyne, as a preface to the history of this charitable institution.

They occur as a fraternity in Newcastle, A. D. 1539 d, also about the year 1556, when they appear to have been an independent society e.

A. D. 1649 f they occur as dependant upon the hostmen, and peti­tioning that fraternity to provide them with a chapel and minister. Whether or not their request was complied with does not appear; but their desire on this occasion evinces that the religious spirit of those times had spread itself as far as this thoughtless and hardy race, the [Page 451] bulk of whom do not, I fear, at present, spend much of their time in acts of devotion.

January 4th, 1697 g, I find mention of a charitable fund belonging to this body, and for which there was collected, January 1st, 1699, the sum of 233l. 3s. 11d.

February 17th, 1699 h, a draught of an act for regulating the cha­rity of the skippers and keelmen was read, and approved by the society of hostmen.

There is an order of the hostmen's company, dated May 19th, 1699, for the payment of four-pence each tide by every trading brother of the fraternity, to this charitable institution, to be stopped off every keelman. This order appears to have been made at their own re­quest i.

January 4th, 1700, the keelmen complained to the hostmen, that the money collected for their charity was improperly applied k.

July 29th, 1700, the keelmen petitioned the common-council of Newcastle for a piece of ground, whereon to erect themselves an hospital.

August 23d, 1700, the hostmen made an order that the lease for the above ground, which was scaled and executed on the 4th of October l following, should be taken in the name of the governor, wardens, and fraternity of hostmen, for the use and benefit of the keelmen m.

The charge of this hospital, which was finished A. D. 1701 n, amounted to above two thousand pounds: each keelman paid four­pence a tide, and twenty persons, five for each quarter, were approved by the hostmen to be stewards or overseers of the keelmen o.

[Page 452]January 16th, 1706, there occurs before the House of Commons, a petition from the skippers and keelmen of Newcastle upon Tyne, for leave to bring in a bill for confirming their voluntary agreement, and for constituting the mayor of Newcastle, for the time being, governor of their hospital p.

February 4th, 1706, the hostmen made an order to cancel the former agreement for paying in their four-pences per tide, and to detain the money in their own hand, till a steward should be appointed to collect them by their governor and the mayor of Newcastle q.

July 3d, 1707, a mutiny occurs among the skippers, or keelmen, some of whom had procured an instrument to be drawn up, in con­tradiction to the above petition to parliament, subscribed by others for obtaining an act for establishing their hospital r.

January 4th, 1710, a petition was signed by upwards of an hun­dred skippers, and presented to the hostmen, complaining that the mo­ney collected for the hospital was partly detained, and partly wasted and misapplied s.

May 5th, 1710, the keelmen petitioned the hostmen to apply, on their behalf, to obtain an act of parliament for their better regula­tion t.

[Page 453]This request was not complied with, the hostmen being of opinion that an act of parliament for their incorporation, or the establishing of the charity formerly paid by their consent, for the relief of such of them as were past their labour, unless it were under "due regulation, or the government thereof in proper hands, with sufficient power rightly to manage and apply the same, would be an entire ruin, not only to them, the hostmen, but also to the corporation of Newcastle, and to the coal trade in general u."

January 26th, 1712, the hostmen repealed their former order of the 19th of May, 1699, because the money collected in pursuance thereof had not been applied to the purposes for which it had been originally designed, but had lately been spent in encouraging mutinies and dis­orders among the keelmen, to the great prejudice of trade; and on the 13th of May, 1713, this repeal was confirmed and signed by all the brethren v.

March 20th, 1723, the hostmen made an order that the keelmen's charity should be solely under their management and direction w.

December 4th, 1728, there was an order of the same fraternity, on petition of the keelmen, that no brother should bind any skipper, or keelman, who refused to suffer one penny per tide to be deducted from his wages, towards the support of their own poor x.

May 16th, 1729, an attestation occurs in the hostmen's books, un­der the hands of those who inspected the treasurer's accounts for this hospital, when a balance appeared of 200l. 10s. 8d. The keelmen's charity was then, by common consent, laid aside y.

A. D. 1742, the hostmen paid the rent for the ground upon which the keelmen's hospital is erected, to the corporation of Newcastle for forty-two years, amounting to 2l. 2s. z.

November 7th, 1758, the governor of the hostmen's company ac­quainted that fraternity with the alarming increase of the poor-rate in All-Saints parish, said to be occasioned by the great number of poor [Page 454] in Sand-Gate, employed in working the keels on the river, whereupon a committee was chosen to inquire into the matter.

This committee, on their report, did not admit that the increase of the rate was owing chiefly to those poor, for that since the 16th of May, 1729, no collections had been made among the keelmen for the support of their own poor, except some occasional ones in their societies and box-meetings.

This committee farther gave it as their opinion, that if the former practice of collecting four-pence a tide for every keel in the river, ob­tained by the consent of the skippers and keelmen, were revised and put under proper regulations, justly divided, and consigned to honest hands, a constant and sufficient provision might be raised a.

December 19th, 1758, the hostmen recommended it to the keelmen to make some agreement for the better support of their own poor, and to pay one halfpenny per chalder for each tide. And February 3d, 1759, a committee of hostmen was chosen to consider the proper heads of a bill, after they had collected the sense of the greatest part of the skippers and keelmen on the subject.

Nothing however appears to have been finally agreed upon on this occasion.

February 16th, 1765, the above matter was revived, and the host­men sent instructions to a lawyer to prepare a proper plan for the fu­ture establishment of an hospital for the relief of the keelmen: but this design also came to nothing b.

November 26th, 1768, there was a meeting of persons chosen by the keelmen for the above purposes, at which it was resolved to raise a fund, and re-establish the hospital, for the better provision in future of their needy, impotent, and lame poor, by deducting from the wages of every keel's crew one halfpenny for every chaldron of coals c.

"They say, but do not," may be applied again to these vain resolu­tions, for nothing more occurs in the books of the hostmen, or appears to have been done in this matter d.

[Page 455]Below St. Ann's chapel, and the new row of buildings called St. Ann's, after passing by the dock-yards of several ship-builders, we cross the rivulet of Ouse-Burn by an arch of stone, called the Glass-House-Bridge e, from the glass-houses that are near it. This bridge appears formerly to have been made of wood f, as was also the other a little higher up the burn, where it is at present crossed by the turnpike-road leading from Newcastle to North-Shields. Between these, a little to the east, is a very large burying-ground, called the Ballast-Hills bury­ing-ground.

On a table monument at Ballast-Hills g.

"In memory of the Rev. Mr. Alexander Nimmo, late minister in [Page 456] the Close. Obiit Februar' 5th, 1770, in the 18th year of his ministry, aged 44.

"How vain the attempt to celebrate on stone
His character: his hearers hearts alone
Are monuments which longer shall proclaim
His praise, than marble rock or short-liv'd fame.

"Here also are deposited the remains of four of his children, viz. Christian, ob. Oct. 1, 1759, aetatis 3. Margaret, ob. July 4, 1769, aetat. 8. Helen, ob. Oct. 19, 1769, aetatis 3. Alexander, ob. Dec. 14, 1778, aetatis 16.

[Page 457]
"Lo here mix in one grave the dust
Of father, son, and fire:
Their kindred souls, adorn'd with crowns,
To heav'nly songs conspire."

N. B. This Mr. Nimmo was one of the seceding brethren, who de­clare against the lawfulness of the burgess oath.

On an upright stone, ibid.

"The burying-place of the Rev. W. Graham, minister in the Close.

[...];"
On an upright stone, ibid.

"Here lies the body of the Rev. Mr. James Robertson, late mi­nister of the gospel in Sally-Port meeting-house, Newcastle, who de­parted this life 23d September, 1767, aged 39 years.

"Modest, yet resolute in virtue's cause,
Ambitious not of man's, but God's applause;
Swift was his race, with health and vigour blest,
Soft was his passage to the land of rest;
His work concluded e'er the day was done,
Sudden the Saviour stoop'd, and caught him to his throne.

"Also George, his son, who died August 18th, 1767, aged sixteen weeks.

"Erected by the congregation, as a testimony of their esteem for his memory."

There are to be found, in this place, many of those "frail memo­rials, with uncouth rhymes and shapeless sculpture deck'd," mentioned in Grey's celebrated Elegy.

The subsequent may truly be said to have been "spelled by th' un­letter'd Muse."

"When I enjoyed this mortal life,
This stone I ordered from Scotland's Fife,
To ornament the burial-place
Of me, and all my human race."
[Page 458]"Here lies James, of tender affection,
Here lies Isabel, of suett complexion,
Here lies Katherine, a pleasant child,
Here lies Mary, of all most mild,
Here lies Alexander, a babe most sweet,
Here lies Jannet, as the Lord saw meet."
"J. Steel, 1757.
Here lies, avarice to strife, [...] for averse.
A loving and a faithful wife."

The property which was added to the town and county of Newcastle upon Tyne, by act of parliament, 2d and 3d of Edward the Sixth, c. 19, is thus described: "All that ground, commonly called the Bal­last-Shoars, i. e. the uttermost part of the said ground and houses, at or on the river of Tyne upon the south, where a runnel, or a little running water there called the Swerle, cometh from the north, and runneth thro' the street of Sand-Gate, into the said river of Tine: which runnel, or water, is the division or separation of the said county and liberty of the town of Newcastle aforesaid, from the manor of Bykar h, and from thence doth extend or lead along by the said river of Tyne towards the east, just by the said river of Tyne, stretching strait forward unto another small river, running also into the said river of Tyne, called Owesburn, and so over the same river of Owes, along by the said river of Tyne to the end of the south-east dike of the ground there, commonly called St. Lawrence-Ground, and so stretcheth northward along by the said dyke unto the north end of St. Lawrence-Dyke aforesaid, and so along the north dyke of St. Lawrence aforesaid, [Page 459] unto the north-west end of the same dyke of St. Lawrence, and so along by Bykar-Hill towards the north, unto the south side of Stony­ford, and from thence extendeth straight towards the north-east end of a close called Great St. Ann's Close, joyning to the King's Street there, and from thence so along by the hedge of the same Great St. Ann's Close southward, unto the hedge of a close called Little St. Anne's Close, and so along by the same hedge westward, upon the south part of the hedge of the closes called Durham-Close, Baxter's Close, and Lumley-Close, every one joyning one to another unto the north end of the said little swerle, or runnell, first mentioned, and from thence as the said little swerle runneth towards the south thro' Sand-Gate, and so down unto the said river of Tyne, in the same very place where the first bounds hath his first beginning."

Sir Peter's Key i, a wharf or quay so called, from having formerly been leased by the corporation of Newcastle to Sir Peter Riddell, Knt. is by an easy corruption commonly called "Saint Peter's Key."

A. D. 1774, a gunpowder magazine, duly licensed, according to the statute 12 George III. was erected by the corporation of New­castle upon Tyne, at Wincomb-Lee-Quay, a few miles below that town, on the north side of the river k.

OF THE BOUNDARIES l OF THE TOWN AND COUNTY OF NEW­CASTLE UPON TYNE.

THE boundaries of this town by land, which were undoubtedly [Page 460] fixed m when it first was made a county by itself, are described by Bourne as follows:

"From a small brook, or course of water called the Swerle, in time past in the county of Northumberland, and now in the county of the town of Newcastle on the east, and on the west side of the aforesaid town, along by the shore of the water of Tyne, unto the fields of the town of Elswick in the aforesaid county of Northumberland, by and along the fields of the town of Elswick aforesaid, unto the fields of the town of Fenham, in the aforesaid county of Northumberland, and so towards the north, unto the fields of the town of Kenton, in the aforesaid county of Northumberland, and along by those fields unto the town of Coxlodge, in the aforesaid county of Northumberland, and so towards the east of the fields of Jesmond in the aforesaid county, and by and along the same fields of Jesmond towards the south, unto a certain bridge called Barras-Bridge, in the aforesaid county of New­castle upon Tyne, and from the same bridge, in and through a certain lane in the aforesaid counties of Northumberland and Newcastle leading towards the east, to another bridge called Sandiver-Bridge, in the aforesaid county of Northumberland, and from the same bridge towards the south, in and through a certain field called Sheild-Field, in the aforesaid counties of Northumberland and Newcastle, unto a certain [Page 461] lane or street in the same county, leading to the aforesaid water or river of Tyne."

For an account of the additional boundaries by the purchase of cer­tain lands on the east of Newcastle, tempore Ed. VI. see before under "Suburbs of Sand-Gate."

The boundaries of the jurisdiction, and of the property of the town of Newcastle, are two distinct considerations. It is observable, that round the moor the march-stones, i. e. boundary-stones, are placed a little within the hedge that separates the grounds of other proprietors from those of the town of Newcastle.

GATESHEAD IN THE COUNTY OF DURHAM.

BEDE, in his Church History, mentions a place which he calls "Caprae Caput," which has generally been supposed to mean Gates­head—quasi the goat's head, from the Romans having an inn n at this [Page 462] place with such a sign, one of the great military roads ending here before the Emperor Hadrian had erected his bridge, and connected it with the station of Pons Aelii, on the opposite bank of the Tyne.

In the year 1068 a battle was fought between William the Con­queror in person, and Edgar Etheling, heir to the crown of Scotland, in conjunction with Malcolm, King of Scots, and some Danish pi­rates, upon the common adjoining to this place, called Gateshead Fell. In this conflict the latter were overthrown: the Conqueror having af­terwards recovered the town, now called Newcastle, laid it almost level with the ground, to prevent in future its becoming a place of refuge to his enemies o.

Hugh Pudsey, Bishop of Durham, appears to have granted, in the year 1164, liberty of forestage to the burgesses of Gateshead p.

[Page 463]The Boldon-Book, the Doomsday-Book of the diocese of Durham, which was begun by the above Hugh Pudsey, A. D. 1183, men­tions possessions of the Bishop of Durham in Gateshead q.

In the year 1226 mention occurs of an hospital r at Gateshead, [Page 464] dedicated to the Holy Trinity, for the maintenance of a chaplain and three poor men, to which one Henry de Ferlington gave a farm at Kyhoe, in the county of Durham, in frankalmoigne s. Gerard, son of Geve t, occurs as procurator of this hospital, as Baldwin cum capite, [Page 465] Alice de Quickham u and Eleanor v, widow of Simon de Lamford, do as ancient benefactors.

[Page 466]On the foundation of St. Edmund's hospital, in Gateshead, it ap­peared that so slender provision had been made for the brethren of this hospital of the Trinity, that they lived neither like seculars nor religious, for which reason, Nicholas Farnham, Bishop of Durham, to evince how good and agreeable it was for brethren to dwell together, united them with those of St. Edmund, having first obtained their own con­sent, with that of the prior and convent of Durham. The hospital dedicated to St. Edmund and St. Cuthbert, in Gateshead, was founded in the year 1248 w, by Nicholas Farnham, Bishop of Durham x.

[Page 467]It was originally intended for four chaplains or priests, who were to eat at the same table, and sleep in the same chamber, one whereof was to be master, from whom the other three were to receive 20 shillings [Page 468] annually. One Gilbert was the first master. The bishop gave them the whole village of Ulkistan, the old lordship of Gateshead, with the wood of Bencham and twenty-nine acres of land, that had [Page 469] eschaeted to the founder at a place called Alluresacyres, alias Huseacyers, in frankalmoigne, in lieu of all which he granted other places to the church of Durham, the bishops whereof he appointed to be perpetual patrons.

Hugh de Segrave occurs as a very early master or keeper y.

In the year 1292, St. Edmund's hospital, after the deduction of ne­cessary expences, appears to have had a clear yearly revenue of 18l. z

[Page 470]A. D. 1316, John de Denton occurs as master of St. Edmund's hospital a.

August 20th, 1353, John de Apilby, a lawyer, was appointed master of this hospital b.

On the Saturday next after St. Andrew's day, 1361, at the Halmot Pleas at Chester-le-street, John Apilby, master of this hospital, occurs, as paying the sum of ten shillings for a certain road through the bishop's park, at Gateshead, from the manor of Frere-Goose to the said hospital, while he should continue master c.

October 6th, 1378, Skirlaw, Bishop of Durham, granted to Wil­liam de Brantyngham, then master, three cottages, which had eschaeted [Page 471] to the see of Durham. "Brethren, sisters and paupers" are mentioned as being at that time in this hospital d.

At an inquisition held on the Monday after the feast of St. George, 1391, at Durham, before Marmaduke de Lomley, the bishop's es­chaetor, it appeared that Isabel, relict of John de Birtley, had died seized, amongst other things, of a messuage, and sixty acres of land, at Kyoleche, held of the master of this hospital, by the service of a rose, on the nativity of St. John Baptist, annually, which was worth be­sides, 14 shillings per annum e.

December 3d, 1399, Reginald Porter, vicar of Pittington, was ap­pointed by Walter Skirlaw, Bishop of Durham, to the mastership of this hospital f.

July 8th, 1391, William Bower of Gateshead, and John Bower, chaplain, acknowledged, in the chancery court of Durham, that they were indebted in the sum of 20l. to the bishop of that see, to be paid on the Christmas day following, on failure of which payment, the bishop to make seizure of their lands, &c. upon condition that, if the bishop would have his whole rent, and the other profits of the chantry of Saint Trinity, within the hospital of St. Edmund of Gateshead, since the sequestration made by John Coker, the said William and John should pay it to the bishop within eight days after the receipt of a mo­nition, and that then this resignation should be null and void, but other­wise to remain in full effect g.

George Radclyfe was master here before the year 1435 h.

March 12th, 1435, the mastership of this hospital was granted to John Heyworth, vicar of St. Nicholas in Newcastle, on the resignation of G. Radclyfe i.

[Page 472]May, 1441, Thomas Kirkeby occurs as master of this hospital k.

October 7th, 1448, Bishop Neville appropriated this hospital, with all its revenues, to the prioress and convent of St. Bartholomew in Newcastle, on account of their poverty; they finding two priests to officiate in the chapel of the hospital.

May 1st, 1449, William Hilderskelfe, master of this hospital, granted it as above, and the bishop aforesaid confirmed the master's grant Oc­tober 7th, 1449. See the history of that nunnery.

A recognition preserved in the rolls of Bishop Booth sets forth, that, February 10th, 1468, J. Blenkinsop, of Chester, yeoman, and William Billy, of the same, yeoman, came before the bishop and acknowledged they owed him 20l. &c. The condition of this recognition was such, that if John Hylton, of Gateshead, chaplain, should without fraud enter his body in Durham gaol, under the custody of the gaoler, and remain there for ten pounds (owing to the bishop), for a certain way held for carrying sea-coals from the hospital of St. Edmund at Gate­shead, to the bishop's staith there, with a certain part of the same staith, &c. then the present recognition to be null and void, but otherwise to remain in full force and virtue l.

March 9th, 1543, John Hochonson, clerk, was instituted chaplain of the chantry of the Holy Trinity in the chapel of this hospital m.

[Page 473]January 16th, 1544, Anthony Bellasis occurs as master of St. Ed­mund's hospital n. The following account of this hospital is taken from a certificate of colleges and chantries in Northumberland and Durham, 37 Hen. VIII. A. D. 1546, remaining in the Augmentation-Office:

"The hospitalle of St. Edmund in the parish of Gatishedde was founded by the predecessors of the bushoppes of Durham by reporte but to what intent or purpose we know not for we have not sene the foundacion therof. Yerely value 109s. 4d. o—value accordyng to this survey 8l. as apereth by a rentall wherof is paid out for the Kinge's majesties tenthes 12s. 3d. and remayneth clerly 7l. 7s. 9d. which Doctor Bellases now master of the same hath towardes hys lyvyng and giveth out of the same four marks by the year to a prieste to say masse there twyse in the weke for the commoditie and easement of the parishioners that do dwelle farr from the parishe churche.—It stand­eth about halfe a myle distant from the parishe churche of Gatishedde aforsaid—value of ornaments &c. nil.—for ther be neither goods catalls ne ornaments appertaining to the same to our knowlege.—Ther were no other landes nor yerely profitts &c."

August 15th, 1552, Robert Claxton was collated to the mastership of this hospital, vacant by the death of Anthony Bellasis, L. L. D. p

A. D. 1553, the 7th of Edward VI. the q patronage of this place, according to Tanner, was granted to the mayor and burgesses of New­castler. [Page 474] There is a collation to it of a subsequent date, by Richard Barnes, Bishop of Durham. See afterwards under 1579.

In an article dated March 28th, 1561, between Thomas Tempest of Lanchester, and his wife, and the bailiff and burgesses of Gateshead, mention occurs of parcel of the lands that lately belonged to this hospital s.

May 6th, 1579, John Woodfall, clerk, was collated to the master­ship of this house, vacant by the death of R. Claxton, by Barnes, then bishop of Durham t.

June 4th, 1587, Clement Colmore, L. L. D. was instituted to the mastership of this place, on the presentation of Henry Anderson and William Selby, Esqrs. patrons for that turn only u.

January 4th, 1611, King James I. refounded this hospital and granted to it a charter by the new name of "King James's hospital in Gateshead." The preamble whereof sets forth that, through the negli­gence of former masters, and length of time, the charters of founda­tion and endowment of this house had been lost, and that some persons were endeavouring to convert the property thereof to their own use, and that therefore the King founded it anew, and decreed that it should consist of a master, the rector of Gateshead for the time being, and three poor, old, and unmarried men, to be called brethren, who should be a body politic in law, have a common seal v, power to sue and be sued, let leases, &c. The bishops of Durham to be the patrons thereof, present masters, revise the statutes, &c. The King gave them all the hos­pital [Page 475] of St. Edmund aforesaid, with the mansion-house and gardens of the same, also 40 acres of arable land, and five carrects of hay, from ten acres of meadow; forty acres of pasture for beasts, and a close at Shotley-Bridge, the possessions of the hospital, for which they are to render to the King such rents and services as had been paid and performed before. Each brother to receive 3l. 6s. 8d. per annum, while John Hutton, then master, should continue to preside there, and after his death the succeeding masters to have a third part of the revenues of the house, and the brethren the other two thirds w.

For an account of the masters of this hospital since the charter of refoundation, granted as above by King James I. see List of the Rec­tors of Gateshead.

The chapel of this hospital, situated on the east side, and almost close to the road leading from Newcastle to Durham, a little before we arrive at the first mile stone, was disused as to publick service being performed in it while Mr. Lambe was master: this rector compromised a matter in dispute between himself and some of his parishioners, who did not acquiesce in the above cessation of duty, by preaching in lieu thereof a sermon every Sunday afternoon at the parish church.

The same rector, after allowing a small yearly income to the brethren to find them lodgings, pulled down their respective houses which stood very near the chapel.

[Page 476]Mr. Wood, the succeeding rector, obliged his predecessor's widow and administratrix to pay him 300l. for the dilapidations of this hos­pital, on which he executed to her a general release.

Dr. Fawcett, in 1780, put the chapel into repair, and covered it with red tiles, but it still remains in disuse as to religious purposes x.

A. D. 1278, it appears to have been customary for the King of Scotland, the Archbishop of York, the Prior of Tinmouth, the Bishop of Durham, and Gilbert de Umfranville (by their bailiffs), to meet the justices coming to Newcastle to hold pleas, and ask their liberties of them, when they came from the parts of Yorkshire, at the head of Gateshead, at a certain well there called Chille-Well y.

On the Friday before Pentecost, A. D. 1322, an inquisition was taken at Gateshead before the sheriff of Durham, concerning fisheries, gardens, and multure, from the demesnes and lands in Gateshead, and vigils and aids from Pipewell-Gate: when the jurors, on their oaths, declared that a moiety of the water of Tyne, from Stanley-Burn to Tinmouth and the sea, belonged to St. Cuthbert and the Bishop of [Page 477] Durham, another moiety to the county of Northumberland, and that the third part, in the middle, was common and free: that the bishop had built three fisheries on his part, called Greneyard, which certain persons had broken down and destroyed, to the length of twenty-four perches: that the men of Pipewell-Gate, in the time of Anthony and Richard (de Kellowe), former bishops of Durham, used to be in vigils and aids with the men of Gateshead. And lastly, that the de­mesnes and lands ought not to give multure z.

In a deed dated at Gateshead, May 20th, 1324, remaining in the Augmentation-Office, some property is described as bounded on one side by a runner of water in St. Elen's Street, "per rivulum currentem in vico Sancte Elene."

On the last day of February, 1348, Thomas, Bishop of Durham, granted to Roger de Tickhill, by letter of privy seal, the office of keeper of his park at Gateshead, with an allowance of three halfpence per diem a.

A. D. 1364, mention occurs of a mine of coals in the fields of Gateshead b.

April 20th, 1369, Thomas, Bishop of Durham, granted to Wil­liam Forrest, of Gateshead, the office of keeper of his park there, with an allowance of three halfpence per diem c.

November 28th, 1399, Walter, Bishop of Durham, by writ of privy seal, granted to John Kempe the custody of his park at Gates­head, with a fee of three halfpence per diem d.

[Page 478]July 24th, 1403, Walter, Bishop of Durham, granted the office of keeper of his park at Gateshead, to Hugh Attehalle, with an allowance of three halfpence a day, to be paid him by the hands of the head fo­rester for the time being e.

October 25th, 1415, Thomas, Bishop of Durham, appointed John Boterell, bailiff of his manor and villa of Gateshead, to hold courts there, and levy rents for his several fisheries in the Tyne and elsewhere, belonging to that manor, from Michaelmas last past to the same term next ensuing f.

April 8th, 1438, Robert, Bishop of Durham, granted to Robert Preston, the office of keeper of his park at Gateshead, and the custody of the tower there, to receive three halfpence a day for the keeping of the park, to be paid him by the bishop's master forester, and a halfpenny per diem for the custody of the tower, to be paid him by the bailiffs, or others, of the demesne of Gateshead, with other profits, and a robe, or eight shillings in lieu thereof, every Christmas-Day g.

December 16th, 1495, John Boner, of Gateshead, labourer, went to the cathedral church of Durham, and having struck the bell there, supplicated, with great earnestness, the immunity and liberty of St. Cuthbert, for that fourteen years before he had assaulted one Alex­ander Stevenson, near Doteland-Park, in Hexhamshire, and feloniously struck him on the breast with a dagger, or whinyard, of which stroke he instantly died h.

October 1st, 1529, Thomas, Bishop of Durham, constituted Wil­liam [Page 479] Thomlyngson, then keeper of Gateshead-Park, and Thomas Thomlyngson, his son, clerk of the mines belonging to that see i.

In the year 1553 the town of Gateshead was, by act of parliament, severed from the bishoprick of Durham and annexed to Newcastle upon Tyne: the inhabitants were to continue their common in that bishoprick, and have wood in Gateshead-Park for their reparations, and the bishop's liberties were to continue in Newcastle k.

April 2d, 1554, the town of Gateshead, with all its inhabitants, a parcel of ground called the Salt-Meadows, the waters and bridge, were taken back from Newcastle and restored to the county of Durham l.

March 17th, 1555, Cuthbert Tunstal, Bishop of Durham, demised the Salt-Meadows in Gateshead to the mayor and burgesses of New­castle upon Tyne, for 450 years, at an annual rent of 2l. 4s. As also the toll there at 4l. 6s. per annum. This lease was confirmed by the dean and chapter of Durham, March 22d, 1555 m.

March 28th, 1561, on an original deed of that date occurs an im­pression, though a good deal mutilated, of the common seal of Gates­head as a borough town, representing a lady and child on a tower n.

July 12th, 1565, Henry Lord Scroop, warden of the West-Marches, [Page 480] granted a protection to two pedlars, John and Jenkin Brown, of Gates­head, who had been slanderously called Scots, and put in fear of im­prisonment and loss of goods (but who, upon examination, were found to be, in reality, the Queen's subjects, born at a place called the Moote of Lyddal, and the sons of one David Brown), commanding all per­sons, without molestation, to suffer them to exercise their craft of pedlars, according to the laws and statutes made on that behalf. This instance exhibits a striking proof of the violent hatred that subsisted between the borderers of the then two hostile kingdoms of England and Scotland. At Newcastle the title of Scot is still used opprobriously by the vulgar, and perhaps another century must elapse before this spirit of national animosity shall entirely subside o.

February 1st, 1578, a lease of the manors of Gateshead and Whick­ham, which had been granted to Queen Elizabeth for 79 years, by Richard Barnes, Bishop of Durham, was confirmed by the dean and chapter of that church p.

June 20th, 1581, the above Bishop Barnes granted a lease of the manors aforesaid to Robert, Earl of Leicester: this must have been done by permission of the Queen, who is said to have given this lease to her favourite courtier. A declaration from the bishop, upon what terms he had granted the lease, occurs, dated June 23d following q.

[Page 481]January 4th, 1582, Richard, Bishop of Durham, granted a lease of the manors of Gateshead and Whickham to Queen Elizabeth for 79 years: this term must have been thought too short, for we find, on the 26th of April following, the same bishop granting a lease of the above manors, confirmed also by the dean and chapter, to the said Queen for 99 years, from the day of the date, under an annual rent of 117l. 15s. 8d. This grant included all the coal-pits and coal-mines, and all the com­mon wastes and parks belonging to the said manors r.

November 12th, 1583, Queen Elizabeth made an assignment to Henry Anderson and William Selby, magistrates of Newcastle, of two terms of the above manors, which had been granted to her by the Bishop of Durham s.

August 4th, 1591, the above Henry Anderson and William Selby granted to thirteen of the principal burgesses of Newcastle upon Tyne, in trust, the reversion of the above manors of Gateshead and Whick­ham, which had been demised as aforesaid to the Queen, and assigned by the Queen to them as before related t.

[Page 482]A. D. 1594, Toby Matthew, Bishop of Durham, granted a charter for the incorporation of several trades in Gateshead u.

September 8th, 1599, Henry Chapman, George Farnaby, William Hodgshon, George Selby, Lyonell Maddison, Ralph Jennison, and Nicholas Hedley, assigned their right and title to the manors of Gates­head and Whickham, to the mayor and burgesses of Newcastle v.

May 5th, 1614, an head-court of the mayor and burgesses of New­castle was held in the borough of Gateshead, before Thomas Riddell, Esq. bailiff, and George Nicholson, steward: a place in Gateshead is mentioned on this occasion, with the appellation of "Pallace-Place," probably where the bishops of Durham had anciently an house or hotel w.

May 4th, 1620, an head-court of the said mayor and burgesses was held at Gateshead, before the above-mentioned bailiff, then Sir Tho­mas Riddell, Kt. and George Nicholson, steward x.

March 14th, 1626, a grant for life was made to Henrietta Maria, Queen consort of King Charles I. A fee-farm of eighty pounds is [Page 483] mentioned in it, payable from several places therein enumerated, one of which was Gateshead in the bishoprick of Durham y.

July 28th, 1637, a lease held of the mayor and burgesses of New­castle upon Tyne, of the bailiwick of Gateshead, and two parcels of ground called the Salt-Meadows and the East-Field, was renewed for 21 years, to Sir Thomas Riddell, Kt. recorder of Newcastle z.

February 20th, 1645, there was an order of common-council for granting a lease of the bailiwick of Gateshead to Alderman Ledgard, for the term of twenty-one years a.

December 23d, 1646, mention occurs in the common-council books of a design then in agitation, to annex Gateshead a second time to Newcastle.

An order passed in January following to acquaint Mr. Blakiston, then member of parliament for Newcastle, that the inhabitants of Gateshead were using their endeavours to make that borough a corpo­ration b.

February 27th, 1647, the mayor and burgesses of Newcastle peti­tioned the House of Commons concerning the manors of Gateshead and Whickham, of which they had a term remaining of about thirty-three years.

These manors appear to have been comprised in a survey of bishop's lands, by an ordinance of parliament, and the mayor and burgesses aforesaid were desirous of purchasing the reversion of them, but were prevented by the erroneous estimate made of them, and the excessive price set upon them. They therefore desired a new survey, and that the sale might be suspended till a fresh survey, and a just valuation could be returned c.

January 27th, 1648, there was an order of common-council to pro­ceed in the purchase of the manors of Gateshead and Whickham, pro­vided they could be procured for a sum less than four thousand pounds d.

[Page 484]February 28th, 1649, there was another order of common-council to go on in the purchase of the aforesaid manors e.

August 24th, 1649, there was an order of common-council to draw up a petition to be sent to parliament, concerning the Salt-Meadows and the tolls of Gateshead f.

January 7th, 1650, there was an order of that body, that twelve men out of the companies of the town, viz. six out of the twelve mis­teries, and six out of the fifteen trades, should be named as feoffees in trust for the Salt-Meadows g.

September 30th, 1653, the mayor and burgesses of Newcastle grant­ed to Thomas Bonner, Esq. h the office of steward of the manor of Whickham, making him, at the same time, bailiff of their borough, manor, and lordship of Gateshead, with a salary of 20l. per annum for this last office, and 3l. 6s. 8d. yearly, with other fees, for Whick­ham i.

May 1st, 1654, Thomas Ledgard, George Dawson, Henry Raw­ling and Robert Young, in consideration of 100l. conveyed to Mark Shaftoe, Esq. and others, their heirs and assigns for ever, the Salt-Mea­dows and the toll of Gateshead, which had been sold to them, the said Thomas Ledgard, &c. by the trustees appointed by ordinance of par­liament, for sale of the lands in possession of the late archbishops and bishops, September 21st, 1649 k.

June 8th, 1658, the mayor and burgesses of Newcastle demised all their lands and coal-mines in Gateshead and Whickham, to George Dawson, mayor, Thomas Bonner, Mark Milbank, and Henry Raw­ling, aldermen, to procure the sum of two thousand pounds, to prosecute the building of the new town-court l.

[Page 485]September 16th, 1661, John Cosins, Bishop of Durham, incorpo­rated, at their own request, the drapers, taylors, mercers, hardwaremen, coopers and chandlers of Gateshead: their charter of incorporation obliged them to sell any person the freedom of their community, who should produce an indenture that he had served an apprenticeship in any other part, and on the payment of ten pounds to the society; with a like sum to the Bishop of Durham.

They were to choose three wardens annually, keep a clerk, a chest with two keys, and a common seal, called the seal of the wardens and commonalty of drapers, taylors, &c. within the borough of Gateshead m.

In the royal aids, A. D. 1663 and 1664, the town of Newcastle upon Tyne appears to have been assessed 7l. 10s. for their property at Whickham n.

June 17th, 1675, a complaint occurs in the common-council books of Newcastle, that the Salt-Meadows are charged and assessed in the book of rates at 100l. per annum o.

October 8th, 1679, an head-court of the mayor and burgesses of Newcastle was held at Gateshead, before Robert Shafto, sergeant at law, bailiff p.

March 14th, 1699, a petition of the stewards and company of pewterers, inhabiting in the ancient borough of Gateshead, concerning the adulteration of pewter, occurs before the House of Commons q.

Between the years 1690 and 1700, the inhabitants of Gateshead, men, women, and children, were computed to be about seven thou­sand r.

By a computation of the burials in Gateshead, A. D. 1710, that [Page 486] place appeared to compose about a third part of Newcastle; two hun­dred and sixty persons having died there that year s.

May 21, 1716, Lord Crewe, Bishop of Durham, to which see the manors of Gateshead and Whickham had reverted, demised to William Coatsworth, of Gateshead, Esq. all these two manors, "except so much of Tyne-Bridge as is situate in the precincts of Gateshead, and the soil and ground of the same, and houses and edifices thereon erected, and the tolls used to be taken there; and except the right of collating, or presenting to the two parsonages of Gateshead and Whickham," with a court commonly called Halmote-Court, &c. for the term of twenty-one years, and at the annual rent of 235l. 11s. 4d. t

A. D. 1731, an alms-house was built in Gateshead, opposite to the Toll-Booth there, by trustees appointed in the last will of Mr. Thomas Powell of Newcastle, who bequeathed all his estate, real and personal, for that purpose u.

June, 1734, some disputes arose in this borough, the burghers and freemen whereof, by custom immemorial, have had right of common of pasturage on Gateshead-Fell: the stewards, and before them the churchwardens of Gateshead, had for several years past granted leases to erect cottages on the said fell, reserving to themselves an annual rent for damage of the soil. The lord of the manor, who claimed the royalty of the said fell, received in right thereof from the cottagers the same sums as they paid to the borough, and had also granted similar leases for the erection of the like buildings. It was at last agreed upon by both parties, to refer the matter to council, how [Page 487] they might best ascertain and preserve their respective rights for the future v.

A. D. 1762, mention occurs of a woollen manufactory established at Gateshead w.

In the year 1772 a temporary post-office (as it was originally in­tended to have been) was set up at Gateshead, till Tyne-Bridge could be rebuilt, but it was afterwards thought expedient to suffer this office to be continued x.

A. D. 1772, the borough of Gateshead petitioned the Bishop of Durham to appoint them a new bailiff; an officer that had been discon­tinued at that place since the death of Robert Delavall, whose patent was dated August 30th, 1681. They set forth in this petition, that they had in their possession a seal *, inscribed "Sigillum burgi de Gates­head." The bishop referred the matter to his attorney-general: as yet, however, no bailiff has been appointed y.

A new chapel for dissenters was opened in Gateshead, January 1st, 1786 z.

GATESHEAD-CHURCH.

MENTION occurs of a church at Gateshead in the year 1080, in which Walcher, Bishop of Durham, was assassinated a: It is said to have stood lower down the river than the present does, in a field once called Lawless-Close, and afterwards the Miller's Field b.

I have found no account at what time the present edifice, dedicated to St. Mary, was erected.

In a valuation of livings in the diocese of Durham, A. D. 1291, the church of Gateshead is rated at 13l. 6s. 8d. annual value c.

In another valuation of the same, of the date of 1318, it is only rated at 6l. 13s. 4d.d

[Page 489]The foundation and endowment of Gateshead rectory were preserved in a MS. in the Cotton library, which was damaged and rendered il­legible at the fire which happened in Westminster, by which so many valuable records in that collection were either mutilated or de­stroyed e.

CHANTRIES.

THERE are said to have been four chantries in this church—one of the Virgin Mary—one of St. Loy—one of St. John the Apostle and Evangelist, and of St. John the Baptist—and the last of the Holy Trinity.

(1) ST. MARY'S CHANTRY.

ON the feast of St. Matthew, 1330 f, Alan, son of Roger Prester, and Alan Prester, of Gateshead, confirmed to Roger de Thorington, chaplain to the chantry of the blessed Virgin Mary, in the north porch of Gateshead church, ten messuages situated in Gateshead, with an annual rent-charge of 6s. 8d. arising from another in the same place. After their deaths the commonalty of Gateshead were to be the patrons of this chantry, and each successive chaplain was to be sworn before the rector of Gateshead.

[Page 490]This grant of endowment was confirmed to William de Norham, chaplain, by Walter, Bishop of Durham, Nov. 2d, 1402, and by the prior and chapter of that church, August 8th, 1403.

February 19th, 1496, Sir John Turpyne was collated to this chan­try, vacant by the death of Sir John Bell, the last chaplain, and there was a mandate to William Baker, parochial chaplain there, to induct him g.

February 6th, 1519, William Gotten occurs as chaplain h.

March 10th, 1544, William Friende, chaplain, was instituted to the chantry of St. Mary the Virgin in Gateshead, on the presentation of the bailiff and community of that place i.

In 1553 a pension of 6l. per annum appears to have been paid to Thomas Worthy, incumbent of our Lady's chantry.—Browne Willis's Abbies, vol. ii. p. 75 k.

The following account of this chantry is taken from the certificate of colleges and chantries in Northumberland and Durham, 37 Hen. VIII. remaining in the Augmentation-Office:

"The chauntrie of our Lady in Gatishedd was founded by one Alan Prestore to fynde a preste for the mayntenaunce of Godd's service and to pray for his sowle and all Cristen sowles by reporte but ther is no dede of eny foundacion therof to be shewed—Yerly value 75s. 4d.— valew accordyng to this survey 8l. 2s. as apere by a rentall wherof is paid out for rent resolut' 29s. 4d. and for the Kinges Majesties tenthes 7s. 6d. ob. as appere by the said rentall—36s. 10d. ob. and remayneth clerely 6l. 3s. 3d. ob. whiche ben employed to the sustentacion and relief of Willyam Blynkynsope prieste incumbent there—within the parishe churche of Gatishede aforesaid—Ornaments &c. 4l. 13s. 11d. as appereth by a perticuler inventory of the same—Ther wer no other landes &c."

(2) ST. LOY'S CHANTRY.

JOHN Dolphamby, of Gateshead, was the founder of this chantry about 1442 l.

September 28th, 1532, Cuthbert, Bishop of Durham, instituted Sir Robert Galele to the chantry of St. Loy in Gateshead church, vacant by the death of Sir Richard Rande, on the joint presentation of An­thony Lumley, Esq. (one of the patrons for that turn, on account of the minority of Conand Barton) and John Brown, rector of Gates­head. The presentation was dated September 27th, 1532 m.

Richard Jackson appears to have been the last incumbent, and had in 1553 a pension of 3l. per annum n.

It is observable that no mention occurs of this chantry of St. Loy in Gateshead church, in the certificate of colleges and chantries for Northumberland and Durham, 37 Hen. VIII. remaining in the Aug­mentation-Office.

(3) ST. JOHN'S CHANTRY.

THIS appears to have been founded by John Dolphamby, of Gateshead, about the year 1421.

On the feast of St. Peter and St. Paul, 1421, John Dolphamby, of Gateshead, granted to John Vesci, chaplain of the chantry of St. John the Baptist and St. John the Evangelist, which he had lately founded [Page 492] in the church of St. Mary in that place, and to his successors, chap­lains of the same for ever, fourteen tenements, situated in Gateshead aforesaid, and held in burgage of the Bishop of Durham, who con­firmed this grant, June 1st, 1421, as did the dean and chapter there, October 7th, 1424 o.

June 14th, 1496, the Bishop of Durham admitted Sir Robert Beste, chaplain, to the chantry of St. John in Gateshead church, va­cant by the resignation of Thomas Hochinson, on the presentation of the true patron, Conane Barton, Esq. p

Thomas Hochinson was the last incumbent, and in 1553 enjoyed a pension of 6l. per annum q.

The following account of this chantry occurs in the certificate of colleges and chantries in Northumberland and Durham, 37 Hen. VIII. remaining in the Augmentation-Office:

"The chauntrie of Saynt John Baptist and Saynt John Evange­liste in Gatishedde aforesaid was founded by reporte by John Dol­phinbye and William Johnson to fynd a priest for ever for the mayn­tenance of Godd's service and to pray for their sowles and all Cristen sowles and to kepe one obitt yerely but ther is no dede of foundacion to be shewed—Yerlie value 6l. 12s. 8d. ob.—value accordyng to this survey 7l. 16s. 8d. wherof is paid owt for one yerlie obit 6s. 8d. and for the Kinges Majesties tenthes 13s. 3d. quad. as apereth by the rentall 19s. 11d. quad. and remayneth clerly 6l. 16s. 8d. ob. quad. whiche ben employed to the sustentacion and relief of Thomas Ho­chison clarke incumbent there—within the parishe churche of Gatis­hedde—Ornaments &c. 47s. as apereth by a perticuler inventory of the same—Ther wer no other landes &c."

(4) TRINITY CHANTRY.

THE following account of this chantry is taken from the certifi­cate of colleges and chantries in Northumberland and Durham, 37 Hen. VIII. remaining in the Augmentation-Office:

"The chauntrie of the Trinitie in Gatished was founded by one Alan Prestore to fynde a prieste for the mayntenance of Godd's ser­vice and to pray for his sowle and all Cristen sowles by reporte but ther is no dede of foundacion to be shewed—Yerelie value 4l. 4s. 2d. —value according to this survey 6l. 18d. wherof is paide owt for a rent resolut' 2s. 6d. and for the Kinges Majesties tenthes 8s. 5d. as apereth by the rental 10s. 11d.—and remayneth clerely 110s. 7d. which ar employed to the sustentacion and relief of John Huchynson, clarke, incumbent of the same.—Within the parishe churche of Ga­tishedde aforesaid—Ornaments &c. 79s. 1d. as apere by a perticuler inventory of the same—Ther wer no other landes &c."

John Huchynson had a pension of 5l. per annum, in the year 1553 r.

STEEPLE.

THE present steeple of this church was built about the year 1740 s. The old steeple being then ruinous, it was found necessary to take it down. The present had at first four fanes mounted on spires, one at each corner.—These spires, being thought too weak for the fanes, were taken down in 1764, and the roof altered. The [Page 494] builder's name was Camfield.—In the year 1773, in November, the bells t of this steeple were taken out, in order to be hung upon a new frame.

GALLERIES, PEWS, AND ORGAN.

IN the year 1763, a new gallery was erected at the west end of the church, with this inscription: "This gallery was built anno Do­mini 1763.

"Thomas Emerson Headlam, Robert Carr, Taylor Ansell, Benja­min Ord, churchwardens."

All the pews in this church are of oak, curiously carved.—The pulpit is of the same.

It is observable, that the rose and badge of the Prince of Wales is on each pew.

On some of the pews are the arms of Cole, Liddell impaling Tem­pest, Hall, Bishop Crew—Riddell and the royal arms within the garter.

On the rector's pew, J. S. in a cypher, and the date 1695.

The organ is placed at the west end of the church.—The following inscriptions on front: "Gloria in excelsis Deo," and "Let every thing that hath breath praise the Lord."

THE CHANCEL.

THERE is nothing remarkable in the chancel or choir of this church. On the south side of the communion-table u, which is a large slab of [Page 495] common stone, supported by two figures of angels, holding chalices in their hands, is a niche for the holy water, and a recess in the wall, terminated at the top by three pointed arches. On the wainscot above the communion-table are the letters I. H. S. The side windows on both sides seem ancient, but the east window of the chancel is modern, and in a poor style. The following inscription, which is on the outside, seems to indicate that it was built at the charge of a former rector: "Richard Werge, rector of Gateshead, anno 1682."

REGISTER—VESTRY—CHURCH-YARD.

THE oldest register of Gateshead, intitled "The Regester Booke of Geatsyde of all christninges mariages and burialls beginninge this yeare of our Lord God 1559 and so yearlye aftere accordinge to the Queen's majestes injunctions in that behalfe provided," is in fine preservation: There is an hiatus in the latter end of Queen Elizabeth's reign, and at the beginning of that of King James I.

Parochial registers were first appointed in 1538.

A. D. 1710, by a computation of the burials at this church, which were in number 260 that year, Gateshead appeared to be above a third part of Newcastle v.

There is an observable old chair in the vestry of this church, with arms, probably meant for these of the borough of Gateshead, carved [Page 496] upon it, i. e. in the field a goat's head erazed. Crest a goat's head.— The following initials probably were those of the then churchwardens' names: " L. A. J. W. P. B. P. T."

In the church-yard w, at the east end, stands an old monument, said to have been built by Robert Trollop, who was the architect of the ex­change, and town-court in Newcastle, for the place of his interment. There is a faint traditionary account, which I do not much credit, that there stood formerly a statue of the said Trollop, on the north side of it, pointing to the town-court of Newcastle, and underneath the follow­ing lines:

"Here lies Robert Trollop
Who made yon stones roll up
When death took his soul up
His body filled this hole up."

It is now, or was lately, the burial place of the family of Harris. There are texts of scripture on every side of this monument.

CHARITY-SCHOOL.

THE school x at the Anchorage y, in Gateshead church-yard, was [Page 497] founded by Theophilus Pickering, S. T. P. rector of Gateshead, Ja­nuary 9th, 1701.

Thomas Stephenson left to the use of the charity founded by Dr. Pickering, forty shillings per annum; also other forty shillings per annum, both payable out of a shop on Tyne bridge: The last was in­tended to have been given by Hauxley Stephenson, brother of the said Thomas, but Hauxley dying first, the above Thomas left it also. This must have been soon after the foundation, as Mr. Hauxley Ste­phenson was appointed one of the trustees in the deed of gift.

Benefactions to the poor.

An escutcheon of Henry Hilton, Esq.—For an account of his bene­faction see churches in Newcastle.

An escutcheon of Dr. Aldworth, M. D. who left 1l. per annum. See ibid.

On two escutcheons in the north porch: "James Cole, Esq. deceased 21st October, 1660; at his death gave to the poor of St. Maries in Gateshead, fortie shillings yearly for ever."

"Ralph Cole, Esq. deceased 16 Nov. 1655; at his death gave to the poor of St. Maries in Gateshead, fortie shillings yearly for ever."

Escutcheon for "Matthew Bates of Gateshead, who left twentie shil­linges yearly for ever."

Escutcheon for "Collinson."— See account of the plate.

Escutcheon inscribed "Isabel formerly widow of Mr. Edmund Sut­ton of Gateshead, and late of George Watson of Goswick in com. Dunelm. left to poor widows of Gateshead 50l. to be paid by her ex­ecutor [Page 498] to such a number of widows, as that none of them should re­ceive less than 5 shillings, payable at Midsummer yearly."

Escutcheon for "Jo......... pipe-maker, who died October..... 1689. By his last will he gave to the poor of the parish of St. Maries in Gateshead—a house in Hillgate let at 6l. per annum."

Escutcheon for "Mr. Thomas Reed, shipwright, who left 20 shil­lings yearly for ever."

Escutcheon for "Mr. Andrew Hibson, parish-clerk of Gateshead, who left 20 shillings yearly for ever."

Escutcheon for Mr. Ralph Harrison, of Bryan's Leap, who left 100l. to the poor of Gateshead parish.

Escutcheon for Sir William Blackett, Bart. who left 40 shillings year­ly out of a house at Bridge-End. This house was burnt down by the fire in 1751. It has since been rebuilt—an inn at present with the sign of Charles XII. of Sweden.

Escutcheon for Mr. Thomas Rawling, of Newcastle, hostman, who left half of his house in Oakwell-Gate, and since his death, his execu­trix gave the other half of the said house, the rent of which to be distri­buted to the poor of this parish for ever.

It appears by a list of legacies framed and glazed in the vestry of Gateshead church, dated February 25th, 1736, that "Henry Smith, Esq. left a legacy of 5l. paid by Lord Lumley's steward, due at Mi­chaelmas;"—that a piece of land, with a dwelling-house at Easington, was left by Mr. Collinson, let at 6l. 5s. per annum;—a legacy of 6l. 13s. 4d. by Mrs. Isable Glover;—a legacy of 20l. by Mrs. Mar­garet Ramsay; and a legacy of 50l. by William Coatsworth, Esq.

MONUMENTS AND MONUMENTAL INSCRIPTIONS IN GATESHEAD CHURCH. In the choir.

"Here lieth interred the body of Christopher Sanderson, late of Gateshead, mercer, who exchanged this life 22d Dec. A. D. 1660. Likewise here lieth interred with him his brother Charles Sanderson."

[Page 499]"Here lie interred the remains of the Rev. Ambrose Fenwick, and Elizabeth his wife. He departed February 1st, 1732. She departed June 2d, 1738. Jane wife of William Dixon died April 20th, 1761."

"Here lieth the body of Ann Reed, wife of Matthew Reed. She died January 8th, 1769, aged 71 years."

"Deposited under this stone the Rev. William Lambe, cl. A. M. rector of this parish 33 years—Died 29 May, 1769, aged 63."

"Here lieth interred the body of Elizabeth, eldest daughter of George Gray, of the bishoprick of Durham, Esq. late wife to John Clifton, citizen and mercer of London, who departed this life the 6th of May, 1651, near 32 years of age."

"Here lieth interred the body of Timothy Tizacke, merchant-ad­venturer, and Elizabeth his wife, who had issue by him 7 children: two survived them, viz. Timothy and George. She departed this life the 13th day of October, an. 1659. He departed this life the 6th day of February, 1684." Motto to the arms, "Seigneur je te prie garde ma vie."

"Here sleeps Mrs. Judith Weld, who was to three godly ministers a good wife, to Christ a faithful servant, to the church an affectionate member, for piety, prudence and patience eminent. She departed this life the — 1656. In Jesu dormio, splendide resurgam."

In the nave.

"John Emerson, smith, 1707."—On the same stone "Philip Thompson, merchant, 1714." "Edmund Sutton, 1713." "John Gascoigne, 1720." "Isable Hallen, 1753."

"Francis Rudston." "The burial-place of Robert Akenhead." "Ro­bert Proctor, master and mariner."—"James Burrell, 1763."—"The burial-place of John Hall, mariner, 1739." "Jonathan Bell." "Charles Newton, mariner, 1703." "John Headlam, shipbuilder, 1761."

Near the font.

"The burial-place of Joseph Lambert, mercer."
"The burial-place of Lancelot Turnbull, 1714."
"The burial-place of William Lake."
[Page 500]Against the wall under the belfry.
"Reader in that piece of earth
In peace rests Thomas Arrowsmith.
In peace he liv'd, in peace went hence
With God and man and conscience.
Peace for other men he sought,
And peace with pieces sometimes bought.
Pacifici may others be,
But ex pace factus he.
Peace, reader, then do not molest
That peace whereof he's now possest,
That God of peace for him in store
Hath joy and peace for evermore.
Pangit plangit
Amore et dolore Robertus Arrowsmith,"

Over the south door a compartment with the following:

"Near this place lieth Martha the wife of Thomas Richardson, late of Lyn Regis, master and mariner, who having discharged the duties of a true Christian and a good wife, mother, friend and benefactor to the poor, changed this life for a better upon the 24th of July 1731, in the 50th year of her age. Her husband raiseth this monument sacred to her memory."

Against the wall, on a square marble compartment: ‘"To the memory of Andrew Wood, M. A. Rector of this church. Born 29 May, 1715. Inducted 9 September, 1770. Interred amidst the tears of his parishioners 15 March, 1772. This monument of their esteem, affection and gratitude was erected by the people of Gateshead."’

[Page 501]Mr. Wood was buried in the choir where his atchievement still remains.

"Sub hoc marmore jacet corpus Briani Borrett Mercatoris filii Milonis Borrett de Dowbiggin in parochia Sadbergiensi in comitatu Eboracensi, viri integritate vitae et morum probitate verè prediti. Decessit pace et spe beatae resurrectionis septimo die Februarii anno Domini 1695, et aetatis suae trigesimo sexto. Ex Isabella uxore ejus dilectissima unam filiam Dorotheam suscepit. Abi lector et aeternitatem cogita. Dorothea filia obiit 5 Octobris 1704, aetatis suae 19."

A coat of arms cut in stone on the side of one of the windows in the south isle. A chevron between three hearts.

Besides the atchievement of Rector Wood above-mentioned, there are those also of Rectors Shaftoe and Lambe remaining in the choir.

RECTORS AND CURATES OF GATESHEAD.

  • IN the King's books this rectory is valued at 27l. 13s. 4d.
  • Yearly tenths 2l. 15s. 4d.—Synodals 2s.
  • A pension of 2l. 13s. 4d. is paid yearly out of this parsonage to the school of Houghton-le-Spring, granted by J. Heath of Kepyer, Esq.— Church dedicated to St. Mary—Patron the Bishop of Durham.
  • One "Robertus" occurs in the year 1275 z.
  • Henricus Maunselot, 1322 a.
  • Ricardus de Kilwington, A. D. 1344, obiit 1366 b.
  • [Page 502]Johannes de Castro Bernardi, 1370, resigned c.
  • Adam de Fenrother by exchange—resigned—alive at the feast of St. John Baptist, 1391 d.
  • Johannes de Castro Bernardi again e.
  • Johannes Bathre, 1379, resigned f.
  • Thomas Everard, 1380 g.
  • Willielmus de Darlington, 1389 h.
  • Johannes de Longley, 1408, resigned i.
  • Willielmus Malberthorp, resigned k.
  • Willielmus Wandesford, 1410, resigned l.
  • Johannes de Thoralby, 1419, resigned m.
  • Henricus Eton, 1421 n.
  • Johannes Bonour, 1427 o.
  • Johannes Lethom, 1435, resigned p.
  • Thomas Tanfeld, 1436 q.
  • Robertus Mason, L. L. D. Quaere whether or not he resigned r.
  • October 9th, 1439, Robert, Bishop of Durham, made a grant of the nomination to the parish-church of Gateshead for one turn only to University-College, Oxford s.
  • Charles Mann, 1493 t.
  • William Baker occurs as curate here February 19th, 1496u.
  • John Brown, 1532, resigned v.
  • William Bell, S. T. P. January 1557w.
  • William Byrtch, 1559, resigned x.
  • [Page 503]Laurence Doddisworthe, minister, July 19th, 1564 y.
  • William Hodgeson, preacher, October 5th, 1571 z.
  • Clement Colmore, 1587, instituted master of St. Edmund's hospital, June 4th, 1587 a.
  • John Hutton, 1595 b.
  • Thomas (alias James) Hooke, A. M. May 25th, 1612; occurs also 2d August, 1613 c.
  • Joseph Browne, A. M. July 18th, 1620, ejected—alive in 1632 d.

An ordinance occurs in the Journals of the House of Commons, July 18th, 1645, for instituting and inducting Mr. Jonathan Devereux, clerk, into the rectory of Gateside, alias Gateshead, in the county of Durham e.

Thomas Weld put in by the sequestrators f.

Sept. 8th, 1652, there is an order of the common-council of New­castle, appointing 20l. to be given to Mr. Wells, minister of Gateshead, for his good services to the town of Newcastle g.

John Laidler institut. 16th March 1660—on the 18th to St. Ed­mund's hospital: King Charles II. patron this turn, sede vacante h.

[Page 504]John Cave, A. M. resigned—having exchanged with Richard Werge for Nailston in Leicestershirei.

Richard Werge—he died about Michaelmas 1685k.

John Cock, 1687, deprived l.

Robert Brograve, resigned m.

George Tullie, A. M. 1691; died April 24th, 1695 n.

John Smith, A. M. collated June 12th, 1695—resignedo.

Theophilus Pickering, S. T. P.—December 5th, 1695—resigned p.

Mr. Samuel Simpson occurs as curate of Gateshead, May 11th, 1699 q.

Leonard Shaftoe, A. M. 1705. He died August 27th, 1731, and was interred in the choir r.

Robert Stillingfleet, A. M. was inducted 1731; removed to Ryton in 1733s.

Mr. Gatis, curate, removed to All-Saints.

Mr. Alderson, curate, removed to All-Saints.

William Lambe, A. M. rector, 1733, vicar of Chester-le-Street— died at Gateshead May 29th, 1769, and was buried in the choir.

Mr. George Stevenson, curate, removed to St. Andrews.

[Page 505]Mr. Pool, curate, removed to Chester-le-Street, where he died.

Mr. Spooner, curate.

Mr. Wilson, curate, died 8 May, 1773.

Mr. Busby, curate and school-master—removed to Hexham.

Andrew Wood, A. M. rector, 1769—of Baliol-College, Oxford, rec­tor of Darlington, and chaplain in ordinary to the King.—He died of a fever, Thursday, 13th March, 1772, and was buried in the choir.

Richard Fawcett, D. D. rector—vicar of Newcastle—collated, in 1772, to the rectory of Gateshead.

—Denton, curate.

John Falcon, A. B. curate and schoolmaster.

Mr. Frederick Farren, curate and surrogate—resigned in 1776.

Mr. Farrier, curate—resigned.

Robert Wilson, A. B. resigned.

August 13th, 1782, Robert Thorp, A. M. was inducted to this rec­tory, vacant by the death of Doctor Fawcett.—He resigned for this promotion the vicarage of Chillingham, and the perpetual curacy of Doddington,—chaplain to the garrison of Berwick upon Tweed, and afternoon lecturer of St. Ann's in Newcastle upon Tyne.

APPENDIX TO THE FIRST VOLUME.
APPENDIX.

APPENDIX, P. 20. (No. 1.) Anno tertio Georgii III. Regis. An Act for lighting the streets and other places, and maintaining a regular and nightly watch within the town and county of the town of Newcastle upon Tyne; and for regulating the hackney coachmen and chairmen, cartmen, porters, and watermen, within the same.

WHEREAS the town of Newcastle upon Tyne, in the county of the town of Newcastle, is very large and populous; and it would greatly tend to the be­nefit and safety of the inhabitants of the said town, and all other persons resorting there­to, if provision was made for enlightening the streets of the said town, and for estab­lishing, keeping, maintaining, and governing, an able and regular watch in the night-time there; and for regulating the chairmen, hackney coachmen, carmen, common porters, and watermen, within the said town and county of Newcastle upon Tyne, and the liberties thereof: may it please your Majesty, that it may be enacted, and be it enacted 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 same, that the mayor, recorder, aldermen, and sheriff, of the town and county of Newcastle upon Tyne, for the time being; and Percival Clennell, esquire, Richard Lambert, surgeon, George Stephenson, ma­ster and mariner, John Langlands, goldsmith, Banister Bayles, apothecary, Thomas Davidson, gentleman, Joseph Whitby, glazier, John Smith, gentleman, Peter Russell, merchant, Thomas Aubone, gentleman, Joseph Barber, stationer, and Thomas Barker, merchant, being twelve of the principal inhabitants of the parish of St. Nicholas, in the said town of Newcastle upon Tyne, and Sir Matthew White, Baronet, George Colpits, esquire, Rowland Burdon, esquire, Snow Clayton, merchant, John Baker, hostman, Ogle Wallis, merchant, James Atkinson, merchant, Thomas Airey, host­man, Joseph Airey, gentleman, William Monkhouse, merchant, Richard Burdus, gentleman, and William Cramlington, rope-maker; being twelve of the principal in­habitants of the chapelry of All-Saints, in the said town of Newcastle upon Tyne; and John Swinburne, esquire, Robert Ellison, esquire, William Lowes, esquire, Henry Askew, esquire, Joseph Reay, esquire, Matthew Stephenson, esquire, Langdale Sun­derland, esquire, Thomas Dixon, gentleman, Thomas Robinson, gentleman, George Cuthbertson, esquire, Robert Rich, coachmaker, and George Anderson, bricklayer, [Page 510] being twelve of the principal inhabitants of the chapelry of St. John, in the said town of Newcastle upon Tyne; and Ralph Bates, esquire, Giles Alcock, esquire, John Erasmus Blackett, esquire, Christopher Fawcett, esquire, William Wilkinson, esquire, Cuthbert Lambert, esquire, William Gibson, esquire, Isaac Thompson, esquire, Pere­grine Tyzack, gentleman, Thomas Gunn, mason, George Ord, gentleman, and Wil­liam Newton, architect, being twelve of the principal inhabitants of the chapelry of Saint Andrew, in the said town of Newcastle upon Tyne; shall be and they are hereby constituted and appointed commissioners to and for the intents and purposes herein after mentioned and declared: and in case of the death or removal of any of the above­named inhabitants out of the parish or chapelry wherein he or they do now inhabit, the place and places of such of them so dying or removing as aforesaid, shall, on Tuesday in Easter week in every year next after every such death or removal as aforesaid, be filled up and supplied by the choice and election of the four and twenty of the respective parish or chapelry where every such vacancy shall happen.

And it is hereby enacted, that such of the four and twenty of each of the said parish or chapelries respectively, as do actually reside in such parish or chapelries, shall assem­ble in their respective vestries on Easter Tuesday in every year for that purpose, and then and there nominate and chuse such and so many of the principal inhabitants of the respective parish or chapelry where such death or removal as aforesaid shall happen, not being the mayor, recorder, aldermen, or sheriff, of the said town, as shall be equal to the number of those who shall be then dead, or shall have removed as aforesaid, to be from time to time joined with the mayor, recorder, aldermen, and sheriff, of the said town and county for the time being, for putting this act, and the powers and authorities hereby given, into execution: and in case any default shall happen in such nomination and choice by the four and twenty of any of the said parish or chapelries respectively, then and so often it shall and may be lawful to and for the surviving or remaining commissioners of such parish or chapelries respectively where such default shall happen, or the major part of them, who shall be assembled at the then next meeting of the commissioners, to nomi­nate and chuse such and so many of the principal inhabitants of the respective parish or chapelry where such default shall happen; and not being the mayor, recorder, alder­men, or sheriff, of the said town; as shall be equal to the number of those who shall be then dead, or shall have removed as aforesaid, to be joined with the mayor, recor­der, aldermen, and sheriff, of the town as aforesaid: and such person or persons as shall from time to time be so elected and appointed according to the intent and meaning of this act, shall from thenceforth have the same power and authority to act in all things relating to the matters in this act contained, as if he or they had been expressly named in, and appointed a commissioner or commissioners by this act.

And be it further enacted by the authority aforesaid, that the said commissioners, or any seven or more of them, are hereby authorized and required to meet and assemble together in the guildhall of the said town on the twenty-fourth day of June, one thousand seven hundred and sixty-three, between the hours of nine and twelve of the clock in the sorenoon of the same day, in order to put this act in execution; and from and after that time to meet by adjournment from time to time at the same place (but so as not to interfere with the business of the magistracy and common-council of the said town) or at any other convenient place within the said town, as they, or any seven or more of them shall appoint: and in case there shall nor appear, at any meeting which shall be appointed to be held, a sufficient number of commissioners to act at such meeting, and to adjourn to another day, then, and in such case, the clerk to the said commissioners shall, by public notice in writing to be left at the several vestry rooms of each of the said church or chapels the Sunday then next ensuing, appoint the said commissioners to meet on that day seven-night after the day on which such last meeting was appointed [Page 511] to be held; and that the commissioners shall, at all their meetings, defray their own charges and expences.

Provided always, that the said commissioners appointed, or to be appointed as afore­said, or any seven or more of them, shall, and they are hereby required to meet and assemble themselves together quarterly on the first Thursday after the first day of Au­gust, the eleventh day of November, the second day of February, and the first day of May, in every year, for the purposes of putting this act in execution.

And be it further enacted, that from and after the twenty-ninth day of September, one thousand seven hundred and sixty-three, there shall be a sufficient number of able-bodied men, not exceeding fifty in the whole, appointed from time to time, as the said commissioners, or any seven or more of them, assembled as aforesaid, shall think proper, to watch within the walls of the said town of Newcastle upon Tyne every night, from the twenty-ninth day of September to the twenty-fifth day of March in every year, and for and during such other times in every year as the said commissioners, or any seven or more of them, assembled as aforesaid, shall, from time to time, direct and appoint; and also there shall be appointed such number of night constables as the said commissioners, or any seven or more of them, shall think necessary; and also one or more person or persons to be keeper and lighter, or keepers and lighters, of the lamps within the said town; and that all such persons shall be chosen and appointed by the said commissioners, or any seven or more of them, assembled as aforesaid.

And be it further enacted, that the said commissioners, or any seven or more of them, so assembled as aforesaid, shall order, direct, and appoint, what number and sort of lamps, and how and where they shall be set up, or to what house or houses, building or buildings, within the walls of the said town, they shall be fixed, and how long a time the same shall be and continue lighted; and also to order and appoint for what time, and at what places, the said watchmen and night constables shall respectively be stationed, and in what manner, and how often, they shall go the rounds, and how they shall be armed, and how long they shall continue upon their duty, and what wages and allowances shall be paid and given to such watchmen, night constables, and keep­ers and lighters of lamps respectively; and shall and may from time to time make such other orders and regulations as the nature of each particular service shall seem to them to require.

And, for the better direction and government of the watchmen and night constables so to be appointed as aforesaid, be it further enacted, that the said commissioners, or any seven or more of them, so assembled as aforesaid, shall, with all convenient speed, cause a true copy or transcript of all such orders and regulations, as shall be made from time to time concerning the said watchmen and night constables, to be delivered to all the constables for the time being of the said town; and that from and after the said twenty-ninth day of September, one thousand seven hundred and sixty-three, one or more of the said constables for the time being of the said town shall attend every night by turns, as the said commissioners, or any seven or more of them, shall appoint, and shall keep watch and ward within the walls of the said town, at the places to be appointed as aforesaid, and during such time and times as shall be ordered and directed by the said commissioners, or any seven or more of them, assembled as aforesaid, and so yearly and every year afterwards; and that as well the said constables, as the said watchmen, shall use their best endeavours to prevent as well all mischiefs happening by fires, as all murders, burglaries, robberies, and other outrages and disorders; and shall, and they are hereby impowered and required, to arrest and apprehend all night-walkers, malefactors, and suspected persons, who shall be found wandering and mis­behaving themselves, in any place or places within the said town; and shall carry the persons, who shall be so apprehended, to the tower on the Tyne-Bridge in the said [Page 512] town, to be there safely kept until they can be conveniently carried before one or more justice or justices of the peace for the said town, to be examined and dealt with accord­ing to law.

And be it further enacted, that one of the said constables, to be appointed by the said commissioners as aforesaid, shall once or oftener, at convenient times in every night, go about the said town within the walls thereof, and visit the several watch-houses, stands, and stations of the watchmen, and take notice whether all the said watchmen perform their duty in their respective places and stations, according to such orders and regulations as shall be made for that purpose as aforesaid: and in case any such watchman shall misbehave, or neglect his duty, the said constable shall, as soon as conveniently may be, give notice to any one or more justice or justices of the peace for the said town, who is and are hereby impowered and required to summon every such watchman immediately before him or them, and, upon hearing the party or par­ties, may, if such justice or justices see good cause, displace every such watchman so offending, and appoint another in his stead, till the next meeting of the said commis­sioners, or any seven or more of them; and also fine such offender in any sum not ex­ceeding twenty shillings for every such offence.

And be it further enacted, that if any of the said constables shall wilfully neglect to attend in his turn to keep watch and ward, or shall not come to keep watch or ward at the respective hours to be appointed as aforesaid, or shall depart from or discontinue watch and ward, during the respective hours to be appointed as aforesaid, or shall otherwise misbehave himself or themselves in the execution of the duty prescribed to them as aforesaid, then, and in every of the said cases, every such constable so offend­ing, shall respectively forfeit twenty shillings for every such offence.

Provided always, and be it further enacted, that no person, who shall be appointed or employed as a watchman by virtue of or in pursuance of this act, shall, by means or on account of his being employed and acting in that duty and service, gain or be in­titled to any settlement in the said town of Newcastle upon Tyne, or in any parish or chapelry within the same town.

And whereas the mayor, aldermen, sheriff, and common-council, of the said town of Newcastle upon Tyne, in order to promote the good ends and purposes proposed by this act, have consented and agreed that the charge and expence of obtaining this act, and of purchasing and setting up a sufficient number of lamps to enlighten the streets, and of providing and erecting a sufficient number of watch-houses for the ac­commodation of the said constables and watchmen, shall be paid and defrayed by and out of the public monies belonging to the corporation of Newcastle upon Tyne afore­said; be it therefore further enacted, that the charge and expence of obtaining this act, and the charge and expence of purchasing, setting up, and fixing such and so many lamps, and at such places, as by the said commissioners, or any seven or more of them, assembled as aforesaid, shall be directed and appointed by virtue of this act; and also the charge and expence of providing and erecting such and so many watch houses, and at such places, for the accommodation of the said constables and watch­men, as by the said commissioners, or any seven or more of them, assembled as afore­said, shall be directed and appointed, shall respectively be paid and defrayed by the said corporation of Newcastle upon Tyne, and the said corporation of Newcastle upon Tyne is hereby made liable and answerable for such respective charges and expences as aforesaid.

And, for defraying the charges and expences of maintaining and repairing all the said lamps erected and set up, or to be erected and set up, by virtue of this act, and lighting and supplying the same with all proper materials, and keeping such nightly watch within the said town as aforesaid, be it further enacted by the authority afore­said, that from and after the said twenty-fourth day of June, one thousand seven hun­dred [Page 513] and sixty-three, the several and respective commissioners, inhabitants within the said parish of Saint Nicholas, or any two or more of them, and the several and respec­tive commissioners, inhabitants within the said several and respective chapelries of All Saints, Saint John, and St. Andrew, or any two or more of such respective commis­sioners, being assembled at such their respective quarterly meetings as aforesaid, shall and may, and they are hereby respectively required, when and so often as there shall be occasion, to nominate and appoint two or more able and sufficient inhabitants of each of the said parish of Saint Nicholas, and chapelries of All Saints, Saint John, and Saint Andrew (being inhabitants within the walls of the said town and liable to be rated by this act) to be assessors and collectors within the said parish and chapelries respectively, but within the walls of the said town, in order to raise money for the pur­poses aforesaid.

Provided always, and be it further enacted, that in case it shall happen that at any of such general quarterly meetings as aforesaid, there shall not be present two or more of the said respective commissioners, inhabitants within the said parish of Saint Nicholas, and two or more of the said respective commissioners, inhabitants within the said several chapelries of All Saints, Saint John, and Saint Andrew respectively, or such number, being present, shall refuse or neglect to nominate and appoint such assessors and col­lectors as aforesaid; then, and in every such case, it shall and may be lawful to and for the commissioners assembled at such general quarterly meeting, or any seven or more of them, to nominate and appoint assessors and collectors for such parish and cha­pelries respectively, for which no assessors and collectors shall happen to be nomi­nated and appointed by the respective commissioners of such parish or chapelries re­spectively.

And be it further enacted, that the commissioners assembled at any such general quarterly meeting as aforesaid, shall take care that summons be issued, under the hands of two or more of them, to the several assessors and collectors appointed by virtue of this act, thereby requiring them respectively to appear before them, and the other commissioners, at a certain day, time, and place, in such summons to be mentioned, not exceeding six days from the date of such summons; and on their appearing, the said commissioners, or such of them as shall be then present, shall order and direct them how and in what manner they are to make their assessments, and how they ought to proceed in the execution of this act; and shall then appoint another day for the said assessors and collectors to appear before the said commissioners, and bring in their assess­ments in writing, under their hands, to be verified upon oath or affirmation, as herein after is directed.

And be it further enacted by the authority aforesaid, that all and every of the said assessors shall and they are hereby impowered and required respectively to make and settle an equal yearly, half-yearly, or quarterly pound rate or rates, assessment or assessments, as by the said commissioners, or any seven or more of them, assembled at such general meetings as aforesaid, shall be ordered and directed, upon all and every occupier or occupiers of any land, house, shop, wharf, warehouse, loft, cellar, malt­ing, brewhouse, or other tenement, or any part of any house, shop, wharf, warehouse, loft, cellar, malting, brewhouse, or other tenement, situate within the walls of the said town of Newcastle upon Tyne, within the respective parish or chapelry for which such assessors respectively shall be appointed to act, whether such occupier or occupiers do or shall reside within such parish or chapelry, or elsewhere, such rate or rates, as­sessment or assessments, not to exceed in the whole in any one year six-pence in the pound, of the improved yearly value of any lands, houses, shops, wharfs, warehouses, lofts, cellars, maltings, brewhouses, or other tenements, to be assessed and charged as aforesaid.

[Page 514]And be it further enacted, that the said assessors shall respectively sign their said assessments, and also, at the time of bringing in their said assessments to the said com­missioners, shall make oath, or, being of the people called Quakers, a solemn affirm­ation (which oath or affirmation the said commissioners, or any two or more of them, are hereby authorized and required to administer) that the said assessment or assessments, so brought in by the said assessors respectively, is and are, according to the best of their respective skill, knowledge, and information, a true, fair, and just, yearly, half-yearly, or quarterly rate or assessment, as the case shall be, upon all and every occu­pier or occupiers of any land, house, shop, wharf, warehouse, loft, cellar, malting, brewhouse, or other tenement, or any part of any land, house, shop, wharf, ware­house, loft, cellar, malting, brewhouse, or other tenement, situate within the walls of the said town of Newcastle upon Tyne, within the parish or chapelry for which such assessment shall be made: and the said commissioners, or any seven or more of them, shall then also diligently examine into the rate or assessment made upon the said several assessors by the said assessors themselves; and shall and may, if they see cause to sus­pect the said rate or assessment made upon the said assessors, rate and assess every such assessor, for all and singular the matters and things for which, by this act, he ought to be rated and assessed; and all sums assessed upon every the said assessors; and the as­sessments made and set by the assessors aforesaid, shall be collected and levied accord­ing to the true intent and meaning of this act: and all such rates and assessments re­spectively so to be made as aforesaid, shall be allowed and signed by the said commis­sioners, or any seven or more of them, so assembled as aforesaid.

And be it further enacted by the authority aforesaid, that the respective collectors of the aforesaid rates and assessments in the respective parish and chapelries aforesaid, for gathering the respective sums to be comprised in or charged by such rates and as­sessments respectively, and for giving receipts to the person or persons of whom they shall receive the same, shall have and receive for their pains and trouble in collecting and paying the money, three-pence for every pound to be by them so collected and paid, which the said collectors are hereby impowered to detain out of the last payment of their several and respective collections.

And be it further enacted, that if any person appointed an assessor or collector as aforesaid, shall wilfully refuse or neglect to perform his duty in the due and speedy execution of this act, the said commissioners, or any seven or more of them, may and shall by virtue of this act impose on such person or persons so refusing or neglecting, any fine not exceeding the sum of ten pounds, nor less than five pounds, for every offence; the same to be inserted in and made a part of the assessment for the parish or chapelry where such person or persons, so refusing or neglecting, shall inhabit, and be levied in the same manner, and applied for the same purposes, as the rates and assess­ments made in pursuance of this act are directed to be levied and applied.

And be it further enacted by the authority aforesaid, that the said rates and assess­ments, being allowed and confirmed as aforesaid, and all arrears becoming due upon the same, shall be collected from the several occupiers so to be assessed by such person or persons as shall be appointed by the said commissioners, or any seven or more of them as aforesaid, to collect and receive the same respectively: and in case any person or persons, so assessed, shall refuse or neglect to pay such rate or assessment by the space of three days next after demand thereof made by the person or persons to be appointed collector or collectors in pursuance of this act, it shall and may be lawful to and for such collector or collectors respectively, by warrant under the hands and seals of two or more of the said commissioners, and which warrant they are hereby impow­ered and required to grant to the collector applying for the same, to levy the same by distress and sale of the goods and chattels of the party so neglecting or refusing to pay [Page 515] the same, wheresoever the same may be found, rendering to the party or parties whose goods shall have been so distrained and sold, the overplus (if any), the reasonable charges of making such distress and sale being first deducted.

And it is hereby declared and enacted, that the form of such warrant shall be in the words following; that is to say, ‘TO A. B. collector of the watch and lamp assessments within the parish or cha­pelry of [...] You are hereby commanded to make distress of the goods and chattels of C. D. of [...] wheresoever you can find the same, for the sum of [...] assessed upon him or her by virtue of the Newcastle watch and lamp act; and such distress you are to detain and keep for the space of five days, next after making and taking thereof for the said sum of [...] together with the charges of making and keeping such distress, unless the said sum of [...] and the reasonable charges of making such distress, shall be sooner paid: and if the same shall not be paid before the end of the said five days, then you are hereby further commanded, as soon as may be, to sell the said goods and chattels which shall be by you distrained; and, out of the money arising by such sale, to detain the said sum of [...] rendering the overplus (if any), the reasonable charges of making such distress and sale being first deducted, to the said C. D. upon demand.’

Provided always, and be it further enacted, that if any person or persons shall find him, her, or themselves aggrieved by any such rates or rates, assessment or assessments, or if any dispute or difference shall arise between the several occupiers of any messuage, house, shop, warehouse, malthouse, granary, building, yard, or other thing what­soever, rated or assessed for the purposes aforesaid, touching or concerning their re­spective proportions of any such rates or assessments made by virtue of this act, it shall and may be lawful for such person or persons to appeal to the said commissioners at their next general meeting for hearing appeals; and the said commissioners, or any seven or more of them, or the major part of them at such meeting assembled, are hereby impowered to summon and examine witnesses upon oath, and to hear and deter­mine the matter of the said appeal, and to make order therein as to them shall seem meet; and such determination and order shall be final.

And be it further enacted by the authority aforesaid, that the said commissioners, or any seven or more of them, shall, and they are hereby required to give the collectors of the said rates or assessments notice at what time and place the appeals of any person or persons who shall think themselves aggrieved by being over-rated by the said asses­sors, may be heard and determined; which day of appeal, so to be appointed by the said commissioners, shall be within twenty days, and not sooner than fourteen days, after the said assessments shall be signed and allowed by the said commissioners as afore­said; and every such collector is hereby also required, on the Sunday next after he shall have received such notice as aforesaid from the commissioners, to cause publick notice thereof to be given in the church or chapel belonging to the parish or chapelry for which he shall be collector, immediately after divine service, of the time and place so appointed by the said commissioners for hearing and determining appeals as aforesaid, which the clerk of such parish or chapelry is hereby required to do at the request of such collector or collectors; and such collectors shall also cause the like no­tice in writing to be affixed upon the door of each church and chapel in the said town of Newcastle upon Tyne, on the same Sunday, that all persons who shall think them­selves over-rated may know when and where to make their appeal to the said commis­sioners; and every person, so intending to appeal to the said commissioners, shall and [Page 516] is hereby required to give notice thereof in writing to one or both of the assessors of the parish or chapelry wherein he is so rated, of such his intention to appeal, at least four days before the day appointed for hearing and determining appeals, that such assessor or assessors may then and there attend to justify the said assessment; and such assessor or assessors are hereby required then and there to attend for that purpose.

And it is hereby declared, that all appeals once heard and determined by the said commissioners, or any seven or more of them, or the major part of them then present on the day and days by them appointed for hearing appeals as aforesaid, and all assess­ments not appealed against and prosecuted as aforesaid, shall be final, without any further appeal upon any pretence whatsoever: and in case of any controversy arising concerning any rate or assessment upon any of the said commissioners, or concerning any matter or thing wherein any of the said commissioners shall be any ways interested or concerned, the commissioners that shall be interested or concerned therein shall have no vote, but shall withdraw during the debate of such controversy, until it be deter­mined by the rest of the commissioners then present.

Provided also, and be it further enacted, that in case at any time seven of the said commissioners shall not attend upon the day appointed for hearing and determining appeals, so that the appeals, of which notice shall be given as aforesaid, cannot be heard and determined by the said commissioners as aforesaid, then, and so often as the case shall so happen, it shall and may be lawful to and for the mayor of the said town of Newcastle upon Tyne, and any two of the aldermen of the same town, or, in the absence of the mayor, any three of the aldermen, to appoint a future day within four­teen days then next following for the hearing of such appeals; of which day publick notice shall be given in the same manner as herein before directed by the commission­ers: and in case seven commissioners shall not attend at such day to be appointed as aforesaid, that then the said mayor and aldermen, or aldermen as aforesaid, shall and may, and they are hereby impowered to summon and examine witnesses upon oath, and to hear and determine the matter of such appeals, and to make order therein, as to them shall seem meet; and such determination and order shall be final.

Provided also, and be it further enacted, that if any person liable to pay the said rates and assessments by virtue of this act, shall remove from the house, tenement, or premises, in respect of which such rate or assessment is made, before the assessment due from such person shall be paid, it shall and may be lawful to and for the said collector, by warrant as aforesaid, to levy the same by distress and sale of the goods and chattels of the person who ought to pay the same, in case such person shall reside within the said town of Newcastle upon Tyne, and a sufficient distress can be found; or otherwise the mayor of the said town of Newcastle upon Tyne for the time being, shall and may sue for and recover the same by action of debt, bill, plaint, or information, in any of his majesty's courts of record at Westminster, with full costs of suit.

Provided also, and be it further enacted, that no person or persons, who shall be charged with, or pay to, any rate or rates, assessment or assessments, to be made by vir­tue of or in pursuance of this act, shall thereby gain, or be deemed or construed to gain, any settlement in the parish or place wherein such rate or assessment, or payment, shall be made.

Provided also, that nothing in this act contained shall impower the said commis­sioners, or any of them, to charge any halls or meeting-houses belonging to the several fraternities or societies, or any hospitals or public buildings, or places used for divine worship, within the walls of the said town, or any lands, houses, or buildings whatso­ever, without the walls of the said town, with the payment of any rate or assessment for the purposes aforesaid, or any of them.

And be it further enacted, that all and every person and persons, who shall receive [Page 517] any money by virtue of this act for the purposes aforesaid, shall, from time to time, and as often as the said commissioners, or any seven or more of them, at any time assem­bled shall require, make and render in writing to such commissioners, or unto such other person or persons as they shall appoint, a true and perfect account upon oath (which said oath may be taken in writing without any stamp thereupon, before the said com­missioners, or any seven or more of them, who are hereby impowered and required to administer the same) of all sums of money by such person or persons collected or re­ceived, or which shall have been rated and assessed as aforesaid, and not received, and all other matters and things committed to their charge by virtue of and under the au­thority of this act, and pay and deliver unto such person or persons as the said com­missioners, or any seven or more of them, shall direct and appoint, all and every such sum and sums of money as shall remain in his or their hands at the time of such ac­count: and if such collector or collectors shall refuse or neglect to account for and pay such sum and sums of money accordingly, any two or more of the said commissioners shall and may, by warrant under their hands and seals, cause the same to be levied by dis­tress and sale of the goods and chattels of such collector or collectors, rendering the over­plus (if any be), the reasonable charges of making such distress and sale being first de­ducted, to the owner; and if sufficient distress cannot be found, then the mayor of the said town of Newcastle upon Tyne, or, in his absence, any two of the aldermen, shall and may by virtue of this act, by warrant under his or their hand and seal, or hands and seals, commit such person or persons to the common gaol of the said town of Newcastle upon Tyne, there to remain without bail or mainprize until he or they shall have made a true and perfect account, and satisfied and paid so much money as, upon the said ac­count, shall be remaining in his or their hands, or shall have compounded for the same with the said commissioners, or any seven or more of them; which composition the said commissioners, or any seven or more of them, are hereby impowered to make and receive.

And be it further enacted, that all monies arising by the rates and assessments by this act directed to be made and levied, shall be applied to and for the defraying the ex­pences of enlightening the said streets, and in establishing, regulating, supporting, and maintaining such nightly watch as is hereby directed, and for other the uses and purposes herein before mentioned and declared, and to and for no other use, intent or purpose, whatsoever.

Provided also, and be it further enacted, that in case there shall be a deficiency in any rate or rates, assessment or assessments, so to be made as aforesaid, either by lands, houses, shops, wharfs, warehouses, lofts, cellars, maltings, brewhouses, or other tene­ments, being unoccupied, or by the insolvency or removal of any of the occupiers, for which or upon whom the said rates or assessments are respectively charged, so that the charges of enlightening the said streets, the wages or allowances to the watchmen, and other incident charges in any one year, cannot be fully satisfied, paid, and discharged in that year, then such deficiency shall be supplied by the assessment for the next succeeding year; but so as such assessment shall not exceed in any one year the rate of six pence in the pound as aforesaid: and if at the end of any one year, and the closing the accounts of the said year, any surplus money shall happen to be collected by such rate or rates, assessment or assessments as aforesaid, such surplus shall be carried on to the next year's credit, and shall be applied for such uses, and in such manner, as the rate or rates, assess­ment or assessments, therein collected, are by this act directed to be laid out and applied.

And be it further enacted, that an account of the total sums assessed and collected, and of all the monies paid for all or any of the purposes in this act mentioned, and all orders, regulations, contracts, and other proceedings of the said commissioners, shall be fairly entered in a book or books to be provided for that purpose; and shall be ex­amined, [Page 518] adjusted, and signed, at a meeting of the said commissioners, to be held yearly on Thursday in Easter week for that purpose; which said book or books and ac­counts shall be deposited in the hands of the clerk to the said commissioners, and shall and may, at all seasonable times, be inspected and perused by any person or persons contributing to the charge of the lamps and watch, without fee or reward: and any person or persons, so contributing as aforesaid, may take copies of any entries in such book or books, paying for every copy of an entry, not containing more than one hundred words, two pence; and so in proportion for any greater or less number of words.

And it is hereby enacted, that the said book and books, so signed by the said com­missioners, or any seven or more of them, shall be good and sufficient evidence in all courts whatsoever, of all and singular the matters and transactions in such book and books entered and contained.

And be it further enacted, that the said commissioners, or any seven or more of them, present at the first or any succeeding meeting, by any writing under their hands and seals, shall and may elect and appoint a fit person to be clerk and treasurer, and from time to time remove such clerk and treasurer, as they shall see occasion, and ap­point another in case of such removal or death; and out of the money arising by the said rates or assessments, make such allowance or allowances to such clerk and treasurer, for his care and pains in the execution of his office, as to them shall seem meet, not ex­ceeding ten pounds a year, so as such clerk and treasurer do give security to the satisfac­tion of the said commissioners, or any seven or more of them, for the due performance of his trust and office.

And be it further enacted, that the said commissioners, or any seven or more of them, shall and may contract with any person or persons, not being a commissioner or com­missioners, for finding and providing the said lamps with all requisite and necessary materials, and for lighting, attending, dressing and repairing the same, so as fourteen days notice at least be given by advertisement in a Newcastle weekly newspaper, for all persons willing to undertake the enlightening the streets according to the tenor and true intent and meaning of this act, to make proposals for that purpose, to be offered and presented to the said commissioners, at a certain time and place in such advertise­ment to be mentioned.

And be it further enacted by the authority aforesaid, that if any person or persons shall wilfully or maliciously take away, break, throw down, or extinguish any lamp that shall be hung out or set up to light the streets, or other places within the liberties of the said town of Newcastle upon Tyne, or wilfully damage the posts, irons, or other fur­niture thereof, every person so offending therein, and being thereof convicted by the oath of one or more credible witness or witnesses, before any one or more justice or justices of the peace for the said town of Newcastle upon Tyne, shall, for every such offence, forfeit and pay the sum of ten pounds for every lamp, or furniture thereof, so broken, taken away, thrown down, extinguished, or otherwise wilfully damaged, to be levied and recovered in such manner as in this act is hereafter mentioned.

And be it further enacted, that in case any person or persons shall carelessly, negli­gently, or accidentally, break, throw down, or otherwise damage any of the said lamps so to be hung out or set up as aforesaid, or the irons, posts, or other furniture thereof, or extinguish the lights thereof, and shall not, immediately upon demand, make satisfaction for the damage done thereto, then, and in such case it shall and may be lawful to and for any one or more of the said justices, upon complaint thereof to him or them made, by any one or more credible person or persons, to summon before such justice or justices the person or persons who shall be complained of for doing such da­mage as aforesaid; and upon hearing the allegations and proofs of both parties, or non-appearance of the person or persons so complained of, to award such sum or sums of [Page 519] money, by way of satisfaction for such damage, as such justice or justices shall think reasonable: and in case of refusal or neglect to pay any sum of money so awarded, within three days after demand thereof made, the same shall be levied and recovered in manner herein after mentioned.

Provided always, and be it further enacted, that no person or persons who shall be rated, assessed, and pay to any rate or rates, assessment or assessments, to be made in pursuance of this act, shall be liable to keep watch or ward within the said town, by virtue of the statute of Winchester, made in the thirteenth year of King Edward the First, or any subsequent statute relating thereto; but all such persons shall be discharged of and from the same, except in cases of publick calamity or disturbances.

And be it further enacted, that the mayor for the time being, or any one or more justice or justices of the peace for the said town of Newcastle upon Tyne, shall and may hear and determine any of the offences, which are herein before or herein after made subject to, and punishable by, any pecuniary penalties directed to be levied by this act, and not herein before directed to be levied by the commissioners; and such mayor, justice or justices, are hereby authorized and required, upon any information exhibited, or complaint made in that behalf, within three months after such offence committed, to summon the party or parties accused, and the witnesses on each side; and after oath made of the commitment of either of the facts above-mentioned, by one or more credible witness or witnesses, to issue a warrant or warrants for the appre­hending the party or parties so offending, and upon the appearance, or contempt of the party accused in not appearing (upon proof or notice given) to proceed to the ex­amination of the witness or witnesses upon oath (which said oath such mayor, or justice or justices is and are hereby authorized and required to administer) and to give judgment, sentence, and determination, as shall be just and conformable to the true intent and meaning of this act; and where the party accused shall be convicted of such offence upon such information as aforesaid, or confession or non-appearance of the party accused, such mayor or justice or justices, shall and may issue a warrant or war­rants for levying the pecuniary penalties and forfeitures so adjudged by distress of the goods and chattels of the offender or offenders, and to cause sale to be made thereof (in case they shall not be redeemed in five days), returning to the party the overplus, if any be, after deducting the said penalty or penalties, and the charges of such distress and sale: and in case any person or persons shall be convicted, in pursuance of this act, of breaking, throwing down, or extinguishing any lamp to be hung out or set up as aforesaid, or wilfully damaging the posts, irons, or other furniture thereof, and no goods or chattels of any person so offending can at the time of such conviction be found within the said town of Newcastle upon Tyne, then, and in such case, the said mayor, or the justice or justices of the peace before whom such person or persons shall be con­victed as aforesaid, shall and may commit such offender to the house of correction of the said town of Newcastle upon Tyne, there to be kept to hard labour for any time not exceeding the space of three months, or until such penalty or penalties shall be paid: and in case any person or persons, who shall be awarded to pay any sum or sums of money by way of satisfaction for damage, in carelessly, negligently, or accidentally, breaking, throwing down, or otherwise damaging any of the said lamps, shall neglect or refuse to pay the sum or sums of money so awarded within three days after demand thereof made, then, and in such case, the said mayor, or justice or justices, who shall have awarded satisfaction as aforesaid, shall and may cause the same by warrant under his or their hand and seal, or hands and seals, to be levied by distress and sale of the goods and chattels of the person or persons who shall have so done such damage, rendering to him, her, or them, the overplus (if any) after deducting the costs and charges of such distress and sale when demanded; and in case no sufficient distress can be found, [Page 520] such mayor, or justice or justices, shall and may, by like warrant, commit the person or persons so neglecting or refusing to pay the sum or sums so awarded, to the gaol of the said town, for any time not exceeding the space of ten days, or until he, she, or they, shall make such satisfaction as aforesaid.

And be it further enacted by the authority aforesaid, that the property of the said lamps, and of the posts, irons, and other furniture thereof, and of the watch-houses, and of the commissioners books, shall be vested in the mayor of Newcastle upon Tyne for the time being, and he is hereby authorized and impowered to prefer and prosecute indict­ments against any person or persons for stealing, taking away, breaking, extinguishing, damaging, or spoiling the same, or any of them, or otherwise to sue for and recover all and every or any of the penalty or penalties, or satisfaction, for taking away, breaking, extinguishing, damaging, or spoiling the said lamps, or any of them, or any of the posts, irons, or other furniture thereof, by action of debt, bill, plaint, or information, in any of the courts of record at Westminster, with full costs of suit.

And be it further enacted by the authority aforesaid, that all the penalties and for­feitures herein before mentioned to be recoverable before the said justices of the peace, when recovered, shall be paid and applied as follows; that is to say, one moiety thereof to the informer, and the other moiety thereof into the hands of the treasurer, to be laid out and applied to and for such uses and purposes as the said commissioners, or any seven or more of them, shall, under their hands, direct and appoint.

And be it further enacted, that it shall and may be lawful to and for the said commis­sioners, or any seven or more of them, assembled as aforesaid, to make and give such rules, orders, directions and provisions, with reasonable penalties for the better regu­lation and government of the night constables, watchmen, and lamplighters, to be em­ployed pursuant to and for the purposes of this act, according to the general tenor, pur­port, true intent and meaning hereof, as to the said commissioners, or any seven or more of them assembled as aforesaid, shall seem requisite and expedient, so as such rules, orders, and directions, be not repugnant to this present act, and so as the same be not contrary to law.

And it is hereby enacted and declared, that such rules, orders and directions, so made and published as aforesaid, shall be as good and effectual to all intents and pur­poses, as if the same were expressed, inserted, contained, and enacted in the body of this act.

And be it further enacted by the authority aforesaid, that if any person or persons shall wilfully and maliciously take away, break, throw down, or extinguish, any lamp that shall be hung out or set up by any private person, within the liberties of the said town of Newcastle upon Tyne, or wilfully damage the posts, iron, or other furniture thereof, every person so offending therein, and being thereof convicted by the oath of one or more credible witness or witnesses, before one or more justice or justices of the peace for the said town of Newcastle upon Tyne (which oath the said justice or justices is and are hereby impowered to administer) shall, for every such offence, forfeit and pay to the owner or proprietor of every such lamp the sum of ten pounds for every lamp or furniture thereof so broken, taken away, thrown down, extinguished, or other­wise wilfully damaged, to be recovered and levied in such manner as herein before is directed concerning the wilfully and maliciously taking away, breaking, throwing down, or extinguishing, any lamp that shall be hung out or set up to enlighten the streets or other places of the said town of Newcastle upon Tyne by virtue of this act: and in case any person or persons shall be convicted, in pursuance of this act, of taking away, breaking, throwing down, or extinguishing, any lamp to be hung out or set up as above is mentioned, or wilfully damaging the posts, irons, or other furniture thereof, and no goods or chattels of any person so offending can at the [Page 521] time of such conviction be found within the said town and county of Newcastle upon Tyne, then, and in such case, the justice or justices of the peace before whom such person or persons shall be convicted as aforesaid, shall and may commit such offender to the house of correction of the said town of Newcastle upon Tyne, there to be kept to hard labour for any time not exceeding the space of three months, or until the penalty aforesaid shall be paid.

And whereas it may be convenient and beneficial not only to the inhabitants of the said town of Newcastle upon Tyne, but also to all other persons resorting thereto, that provision should be made for enlightening and keeping a watch in the night-time in the several streets herein after mentioned, without the walls, but within the liberties of the said town of Newcastle upon Tyne; that is to say, the street leading from Pil­grim-Street-Gate to the Barras-Bridge, the street leading from New-Gate to the Barras-Bridge aforesaid, the street leading from New-Gate to Gallow-Gate-Pant, the street lead­ing from the Close-Gate to Skinner-Burn, and the street leading from Sand-Gate to the east end of St. Ann's street; be it therefore enacted by the authority aforesaid, that if at any time or times hereafter the major part in value of the occupiers of houses, shops, wharfs, warehouses, lofts, cellars, maltings, brewhouses, or other tenements, situate in any of the said last-mentioned streets, shall and do, by writing under their hands, apply to the said commissioners authorized by this act, at any meeting of the said com­missioners had in pursuance of this act, and shall and do, by such writing, request that the street or streets in which such persons so applying are occupiers as aforesaid may be enlightened and watched, pursuant to the intent and meaning of this act, then, and in every such case, this act, and all and every the clauses, powers, provisoes, restrictions, matters, and things, herein contained, of and concerning any matter or thing happen­ing, arising, or to be done within the walls of the said town of Newcastle upon Tyne, shall, to all intents and purposes whatsoever, be construed, deemed, and taken to ex­tend to such street and streets respectively for and in behalf of which such application shall be made, as fully as if such streets had been, at the time of the passing this act, situate within the walls of the said town of Newcastle upon Tyne.

Provided always nevertheless, and it is hereby further enacted and declared, that no money to be raised by any rate or assessment in any one of the said streets situate without the walls of the said town of Newcastle upon Tyne, shall be applied to any other of the said streets situate within or without the walls of the said town of Newcastle upon Tyne.

And, for the better regulating and governing the chairmen of the said town of New­castle upon Tyne, it is hereby further enacted by the authority aforesaid, that from and after the twenty-fourth day of June, one thousand seven hundred and sixty-three, the mayor and aldermen of the said town of Newcastle upon Tyne, or any three or more of them, whereof the mayor for the time being to be one, shall and may, and they are hereby impowered, authorized, and required, under their hands and seals, to license all or any person or persons who shall keep any glass chair after the said twenty-fourth day of June, one thousand seven hundred and sixty-three, to be let out to hire within the said town of Newcastle upon Tyne, or the liberties or precincts thereof; the charge of every such licence, to be paid or borne by every respective chairman, not to exceed the sum of one shilling; and that the number of glass chairs so to be licensed shall not be under the number of ten, if so many be requested by any person or persons fitly qualified; and the said licences, and every of them, shall be granted to continue for and during the term of one year, from the date of each respective licence, and no longer.

And be it further enacted, that from and after the said twenty-fourth day of June, one thousand seven hundred and sixty-three, no person or persons shall presume to let or carry for hire, by the hour or day, or otherwise, any chair within the town of New­castle upon Tyne, or the liberties or precincts thereof, without such leave or licence [Page 522] first had from the said mayor and aldermen, or any three or more of them, as aforesaid, according to the true intent and meaning of this act, upon pain to forfeit, for every such offence, the sum of thirteen shillings and four-pence.

And be it further enacted, that every chair shall have a mark of distinction, by figure, or otherwise, as the said mayor and aldermen shall think fit and direct; and the said mark shall be placed on the back or side of every such chair.

And, for the better discovering and convicting any chairman offending against this act, it is hereby further enacted, that no chairman shall carry or make use of any other chair for hire than what shall be so marked, and that no person shall blot out, oblite­rate, alter, or deface, the mark or figure of distinction, appointed by the said mayor and aldermen for his chair, under the forfeiture of forty shillings for every such offence.

And be it further enacted by the authority aforesaid, that from and after the said twenty-fourth day of June, one thousand seven hundred and sixty three, all chairmen that shall from time to time be licensed, shall keep such stands or places with their chairs, as the said mayor and aldermen, or any three of them, whereof the mayor shall be one, shall, by any writing under their hands, order, direct, or appoint: and if any chairman shall, after notice, neglect or refuse to conform to such orders or directions as aforesaid, every chairman so offending shall, for every such offence, forfeit and pay the sum of ten shillings, to be levied by distress and sale of the goods and chattels of the person so offending, by warrant of any one justice of the peace for the said town, to be applied and disposed of for the use of the poor of the parish or chapelry where the of­fence was committed: and if such distress cannot be had, it shall and may be lawful to and for any two or more justices of the peace for the said town to commit the person of­fending to gaol, there to remain without bail or mainprize, until he shall have paid such penalty or forfeiture as aforesaid.

And be it enacted, that such person as the said chairmen shall at any time carry, may cause the said chairmen to stop as often as he or she shall require, so as such person do not detain such chairmen above the space of ten minutes in every six-penny fare, or twenty minutes in every twelvepenny fare: and in case any chairman shall refuse to carry any such fare, or shall exact, demand, or take more for his fare or hire than the several rates to be settled and allowed in pursuance of this act, or shall utter any abusive language, or offer any other insult to the person he so carries, such chairman so offend­ing, and being thereof convicted by the oath of one or more credible witness or wit­nesses, before any one justice of the peace for the said town of Newcastle upon Tyne (which oath such justice is hereby impowered to administer) shall, for every such of­fence, forfeit and pay the sum of ten shillings, to be levied and recovered in the man­ner and for the purposes herein before last mentioned.

And be it further enacted, that in case any chairman or chairmen shall in any wise of­fend against this act, it shall and may be lawful to and for the said justice or justices of the peace, before whom complaint shall be made, to summon the person or persons to whom the licence for keeping such chair or chairs is granted; and in case such person or persons shall not forthwith produce to such justice or justices the person or persons complained of, the said justice or justices shall and may proceed against such person or persons licensed as if he or they had been the person or persons complained of.

And be it further enacted by the authority aforesaid, That if any person or persons shall, from and after the said twenty-fourth day of June, one thousand seven hundred and sixty-three, refuse or neglect to pay any chairman or chairmen the money justly due to him or them for carrying in his or their chair, or shall wilfully cut, deface, or break any such chair, it shall and may be lawful to and for any one justice of the peace for the said town, upon complaint thereof made to him, to grant a summons to bring before him the person or persons against whom such complaint shall be made, and, upon proof [Page 523] thereof made by one or more credible witness or witnesses upon oath (which oath such justice of the peace is hereby impowered to administer) to award reasonable satisfaction to the party aggrieved for his damage and costs; and upon refusal to pay and make such satisfaction, to issue a warrant or warrants of distress to levy the same on the goods and chattels of the offender or offenders; and for want of such distress to commit the person or persons so offending to prison for one month, or until satisfaction be made.

And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the justices of the peace of the said town of Newcastle upon Tyne, and they are hereby enjoined and required at the general quarter sessions of the peace to be held for the said town and county, to assess and rate, from time to time, the several fares to be demanded and taken by, and paid to, the chairmen of the said town, for carrying from any part or parts within the liberties of the said town, to any other part or parts within the liberties of the same town; and such fares, so rated and assessed from time to time by the said justices, shall be caused by them to be hung up in some publick place in the said town, to which all persons may resort for their information.

Provided always, that nothing in this act contained shall extend to oblige any chair­man to carry any chair beyond the Barras-Bridge, Gallow-Gate-Pant, the Infirmary, the Firth-House, the Skinner-Burn, or the Rope-Walk at the end of Sand-Gate, or extend to hinder any person from employing any chairmen or others to carry his or her own private sedan chair.

And be it further enacted by the authority aforesaid, that the justices of the peace for the said town and county of Newcastle upon Tyne shall have power and authority, and they are hereby required at the next general quarter sessions of the peace after the said twenty-fourth day of June, one thousand seven hundred and sixty-three, and afterwards at the next general quarter sessions of the peace after Easter in every year, to set down and ascertain the rates, fares and prices which shall from time to time be paid to hack­ney coachmen, cartmen, common porters, or watermen, for the carriage of any person or persons, goods, or other things whatsoever, from any part of the said town and liberties thereof, to any other part of the same; and the rates and prices so fixed, to cause to be hung up in some publick place in the said town, to which all persons may resort for their information; and that no hackney-coachman, cartman, common por­ter, or waterman, shall take for carriage of persons, goods, or other things, above the rates and prices so set, upon pain to forfeit, for every such offence, the sum of ten shillings, to be levied by distress and sale of the goods and chattels of the offender or offenders, by warrant of any one or more justice or justices of the peace for the said town of Newcastle upon Tyne.

And be it further enacted, that all forfeitures incurred by this act, and not herein before otherwise directed, shall be disposed of, one moiety to the informer, and the other moiety to such charitable purposes as the justice or justices, by whom any conviction shall be made, shall, in his or their discretion, think fit to direct.

And be it further enacted by the authority aforesaid, that if any action or suit shall be commenced against any person or persons for any thing done in pursuance of this act, such action or suit shall be commenced within six months next after the fact committed, and not afterwards; and shall be laid in the town and county of Newcastle upon Tyne, and not elsewhere; and the defendant or defendants, in such actions or suits, may either plead the general issue, or otherwise make avowry, cognizance or justification, that the thing or things for which such action or suit shall be brought, was of were done in pursuance of this act; and upon issue joined, and trial had thereupon, may give this act, and the special matter, in evidence, and that the same was done in pursuance of and by the authority of this act; and if it shall appear so to have been done, or that such action or suit shall be brought after the time before limited, or shall be laid in any [Page 524] other county or place than as aforesaid, then the jury shall find a verdict for the defend­ant or defendants; and upon such verdict, or if the plaintiff or plaintiffs shall be non­suited, or discontinue his, her, or their action or suit, after the defendant shall have appeared; or if, upon demurrer, judgment shall be given against the plaintiff or plain­tiffs, the defendant or defendants shall and may recover treble costs, and have the like remedy for the same, as any defendant or defendants hath or have in other cases at law.

And be it further enacted by the authority aforesaid, that this act shall be deemed, adjudged, and taken to be, a publick act; and shall be judicially taken notice of as such, by all judges, justices, and other persons whatsoever, without specially pleading the same.

APPENDIX, P. 20. (No. 2.) Anno vicesimo sexto Georgii III. Regis. An Act for widening, enlarging, and cleansing the streets, lanes, and other publick places, and for opening new streets, markets, and passages, within the town of Newcastle upon Tyne, and the liberties thereof, and for removing and preventing annoyances therein; and for regulating the publick markets, and common stage waggons, drays, and carts, carry­ing goods for hire.

WHEREAS the town of Newcastle upon Tyne, in the county of the town of New­castle upon Tyne, is very large and populous, and a place of great resort: and whereas the streets, lanes, publick ways, and market places, within the said town, and the liberties thereof, which have heretofore, and of right ought to be maintained and re­paired at the sole expence and charge of the corporation of the said town of Newcastle, are not sufficiently cleansed, and are moreover subject to various incroachments, ob­structions, nuisances, and annoyances, and are in many places so narrow and steep as to be incommodious and unsafe for the inhabitants of the said town, and travellers, passengers, and others resorting thereto: and whereas several of the said market places are inconveniently situated, and are small, and insufficient for vending the goods, vic­tuals, and merchandizes exposed to sale therein: and whereas it would tend greatly to the benefit, convenience, and safety of the inhabitants of the said town, and all persons resorting to, and travelling through the same, if the said several streets, lanes, publick ways, and market places, were well and sufficiently cleansed, and also kept free from incroachments, obstructions, nuisances, and annoyances; and if the mayor, aldermen, and common-council of the said town, for the time being, were enabled, at the co [...]s and charges of the said corporation, to widen and enlarge the said streets, lanes, pub­lick ways, and market places, and to make and open new streets, lanes, publick ways, and market places, and proper communications therewith, where it may be necessary or expedient, and from time to time, when in common-council assembled, to make and ordain orders, rules, and regulations, relating to the said markets, and the carry­ing and conveying of goods, victuals, and merchandizes to, and exposing the same to sale in such markets; and also to direct and appoint proper and convenient places for the standing, loading, and unloading of common stage waggons, drays, and carts, [Page 525] carrying goods, wares, and merchandizes for hire, and for depositing the soil, manure, rubbish, and compost to be made or occasioned in the said streets, lanes, publick ways, and market places; and if, for all or any of these purposes, the said mayor, aldermen, and common-council of the said town, for the time being, were further enabled, out of the funds and revenues of the said corporation, to purchase lands, houses, or tene­ments within the said town, or the liberties thereof: may it therefore please your Ma­jesty that it may be enacted; and be it enacted 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 same, that all and every person and persons, inhabiting within the said town, or the liberties thereof, shall, from and after the second Sunday next after the passing of this act, sweep, and effectually cleanse, or cause to be swept and effectually cleansed, the foot-paths or foot­ways in the whole length of the front of their respective houses, buildings, and walls, thrice in every week throughout the year; (that is to say) on every Tuesday and Thursday, before the hour of nine o'clock in the forenoon of each day, and in the af­ternoon of every Saturday between one hour before sun-set and sun-set, or upon such other days, and at such other times in the day, as the said mayor, aldermen, and com­mon-council for the time being shall, by publick notice to be given by the bellman, or publick cryer of the said town, appoint; and collect and put together the dirt and soil arising from such sweeping and cleansing, without obstructing the way or road in the said streets, lanes, publick ways, and market places, that the same may be ready to be carried away in manner aftermentioned, upon pain of forfeiting and paying the sum of five shillings for every neglect therein.

II. And be it further enacted, that the said mayor, aldermen, and common-council for the time being, shall, twice in every week, or oftener, throughout the year, cause to be raked, swept, and cleansed, all the said streets, lanes, publick ways, and market places (except the foot-paths or foot-ways thereof, herein-before directed to be swept and cleansed by the inhabitants), and also the foot-paths or foot-ways before all unoc­cupied houses, void or waste grounds, churches, church-yards, chapels, meeting-houses, hospitals, and other publick buildings, within the said town; and cause to be brought proper carts or other carriages into all streets and places within the said town or the liberties thereof, where such carts or carriages can pass, for the purpose of receiving and collecting the ashes, cinders, dirt, dust, soil, manure, and filth of the inhabitants (except any filth from any privy or necessary house); and shall cause all such ashes, dirt, dust, soil, manure, and filth (except as aforesaid), brought forth by the inhabitants from their respective houses, yards and premises for that purpose, and also the dirt, soil, and manure arising in and out of the said streets, lanes, publick ways, and market places, to be led and carried away, and laid and deposited in such places, middensteads, or repositories, as shall be appointed for that purpose, in man­ner herein after mentioned; and the driver or drivers of such carts or carriages shall, and they are hereby required to give notice to the inhabitants of the streets or places where such carts or carriages our pass, by bell, loud voice, or otherwise, of the ap­proach of their carts or carriages, and, at the entrance of courts, passages, or places, where the same cannot pass, shall abide and stay a reasonable time, and till after they shall have given notice, in manner aforesaid, to all the inhabitants there of their so abiding, in order that all the inhabitants and persons concerned, respectively, may bring forth from their respective houses, yards, and premises, their ashes, cinders, dirt, dust, soil, manure, and filth (except as aforesaid), to be led and carried away in such carts or carriages, upon pain of every such driver forfeiting five shillings for every neglect herein.

III. And be it further enacted, that from and after the passing of this act, all the [Page 526] dirt, soil, and manure, which shall arise or be made in any of the said streets, lanes, publick ways, and market places; and also all ashes, cinders, dirt, dust, soil, manure, and filth, brought forth by the inhabitant, from their respective houses, yards, and premises, and led and carried away as aforesaid, shall belong to, and be the property of the said mayor, aldermen, and common-council for the time being, who shall have full power and authority to sell and dispose of the same, and the money arising there­from shall be paid into the town's chamber of the said town, for the use of the said corporation; and that no person or persons shall take or carry away, or cause to be taken or carried away, any dirt, soil, or manure, out of the said streets, lanes, publick ways, and market places, other than the person or persons to be appointed for that purpose by the said mayor, aldermen, and common-council for the time being, upon pain of forfeiting the sum of twenty shillings for every such offence.

IV. Provided always, and be it further enacted by the authority aforesaid, that no­thing herein contained shall extend, or be construed to extend, to prevent any of the inhabitants of the said town, or the liberties thereof, from preserving and keeping any ashes, dust, dirt, dung, manure, or rubbish, within their own respective houses, yards, or premises, for their own use, so as the same be not laid or placed in any of the said streets, lanes, publick ways, or market places, for any longer time than shall be necessary for the loading and carrying away the same, nor be suffered to annoy any of the said inhabitants; but in case the person or persons so reserving such ashes, dust, dirt, dung, manure, or rubbish within his, her, or their respective houses, yards, and premises, shall thereby annoy any of the said inhabitants, and shall not remove the same, within the space of two days after notice in writing given to him, her, or them, under the hand of the town marshal of the said town for the time being, or left at his, her, or their dwelling house, to remove the same, such person and persons shall forfeit and pay the sum of ten shillings per day, for every day such ashes, dirt, dust, dung, manure, or rubbish, shall continue unremoved after such notice as aforesaid.

V. Provided always, that no person shall be subject to any penalty, by virtue of this act, on account of any rubbish or dirt, in the said streets, lanes, publick ways, and market places, before the house or tenement of such person, occasioned by the build­ing or pulling down, rebuilding or repairing any such house or tenement, so as there be convenient room left for carriages to pass and repass, and a sufficient way kept clean and open for foot passengers, by the persons laying or occasioning such dirt or rubbish; nor for the making up of any lime into mortar, so as sufficient room be left for [...]oot passengers and carriages; and so as the owner or owners of such house or tenement, before which such lime or rubbish shall lie, shall cause the same to be removed and taken away, at his, her, or their own costs and charges, within a reasonable time after such building, pulling down, rebuilding, or repairing shall be completed, or upon notice to be given to him, her, or them, or left at his, her, or their said house or te­nement where such rubbish or lime shall lie, for that purpose, in writing, under the hand of the town marshal of the said town, for the time being; and so as whilst the same shall be lying in the said streets, lanes, publick ways, or market places, such owner or owners shall set up and maintain a sufficient light upon or against the same every night, during the whole night, from the time it becomes dark, to prevent any mischief happening to passengers.

VI. And be it further enacted, that it shall and may be lawful for the said mayor, aldermen and common council for the time being, when they shall think proper or ex­pedient, to compound with any of the inhabitants within the said town, or the liberties thereof, for such sum or sums of money as they shall think proper, for the sweeping and cleansing of the foot ways or foot paths to be done by such inhabitants respectively before the fronts of their respective houses, buildings, or walls, by virtue of this act, [Page 527] provided such composition money be always paid in advance into the town's chamber, for the use of the said corporation, and the sweeping and cleansing so compounded for be properly and effectually done, by persons to be employed by the said mayor, alder­men, and common council for the time being, for that purpose.

VII. And be it further enacted, that if any person or persons shall run, drive, carry, or place, on any of the foot-paths or foot-ways in any of the said streets, lanes, publick ways, or market places, any wheel, sledge, wheelbarrow, hand-barrow, or carriage, or roll any cask for the space of ten yards; or wilfully ride, drive, or lead any horse, or other beast or cattle, on such foot-paths or foot-ways; or shall kill, slaughter, singe, scald, or dress any beast, swine, calf, sheep, lamb, or other cattle, in any open or publick street, lane, way, or market-place within the said town or the liberties thereof; or if any person shall make, hoop, cleanse, burn, wash, or scald any cask; or hew or saw, or cause to be hewed or sawn, any stone, wood, or timber; or bind, make, or repair the wheel of any carriage; or shoe, bleed, dress, or farry, or turn or drive loose any horse, mare or gelding; or shall bait or cause to be baited any bull; or per­mit or suffer any bull dog or mastiff dog, unmuzzled, to be at liberty and go at large; or cause, or wilfully permit or suffer any swine or other cattle (except swine or other cattle at the time of fairs or market days for live cattle) to wander or stray; or shall shew or expose to view any stone-horse or stallion in any of the said streets, lanes, pub­lick ways, or market places; or shall throw, lay, or place any wood, ashes, rubbish, dirt, dung, manure, or filth, or any other nuisance or annoyance whatsoever, into any of the said streets, lanes, publick ways, or market places; or shall make, or assist in making, any fire or fires, commonly called bonfires; or shall burn any cork wood; or shall set fire to, let off, or throw any squib, serpent, rocket, cracker, fire balloon, or other fire-work whatsoever, within the said town or the liberties thereof, every person offending in any of the cases aforesaid shall, for every such offence, forfeit and pay the sum of ten shillings, over and above such penalties as are inflicted on persons commit­ting any of the aforesaid offences by any law or statute now in force.

VIII. And be it further enacted by the authority aforesaid, that from and after the passing of this act, no person or persons shall, on any pretence whatsoever, set, place, or keep, or cause, or wilfully suffer to be set, placed, or kept, any booth, stall, shed, table, shamble, bench, or seat, or any vessel or basket, in any of the said streets, lanes, publick ways, or market places, for the sale of any goods, wares, or merchandizes (ex­cept only on fair days; and also except booths, stalls, sheds, tables, shambles, benches or seats, vessels or baskets, in the publick market places in the said town, for the sale of corn and other grain, fish, butcher's meat, poultry, butter, eggs, cheese, vegetables, and other viands and provisions; and except also such booths, stalls, sheds, tables, shambles, benches, or seats, vessels or baskets, for the sale of goods, wares and mer­chandizes, in such place or places within the said town, or the liberties thereof, as shall be set out or appointed for that purpose by the said mayor, aldermen, and common council for the time being, in manner herein mentioned); nor shall hang up or expose to sale, any goods, wares, or merchandizes, or any other matter or thing, upon any slap, board, crooks, window, or otherwise, so as to obstruct or incommode any of the foot-ways or carriage-ways within the said town, or the liberties thereof, upon pain of for­feiting, for every such offence, the sum of twenty shillings.

IX. And be it further enacted, that the said mayor, aldermen, and common council for the time being, shall and may, at any time after the passing of this act, cause notice to be given to the respective owners and occupiers of the several houses and buildings within the said town, or the liberties thereof, to take down, fill up, remove, alter, or re­gulate all gutters, shew boards, sign-posts or sign-irons, penthouses, shutes, and spouts, standing, being, or projecting in, upon, or into any of the streets, lanes, publick ways, [Page 528] and market places aforesaid, of whatever breadth the said streets, lanes, publick ways, and market places may happen to be: and also all porches, posts, pales, rails, and steps, standing or being in any of the said streets, lanes, publick ways, and market places, of less breadth than twenty-one feet from house to house; and to cause such shewboards, sign-posts, sign-irons, penthouses, shutes, spouts, porches, posts, pales, rails, and steps, to be taken down, removed, and carried away, altered or regulated; or to cause s [...]ch shewboards, signs, and sign-irons, to be fixed or placed against the fronts of the houses, shops, or buildings to which they belong, and also such spouts and shutes, so as to con­vey, by means of such spo [...]ts and shutes, the water down the sides of each house or building, and so into the common venel or drain; and in case the respective owners or occupiers shall refuse or neglect so to do, for the space of twenty-eight days next after such notice shall be given to them respectively (which notice shall be given in writing under the hand of the mayor of the said town for the time being, and left at the dwelling house or usual place of abode of such owners or occupiers respectively), it shall and may be lawful to and for the said mayor, aldermen, and common council of the said town in the time being, to cause such gutters, shewboards, signs, sign posts, sign-irons, porches, penthouses, shutes, spouts, pales, rails, and steps, to be taken down, carried away, al­tered, regulated, and fixed in manner aforesaid; and the costs and charges attending the same shall and may be levied and recovered, of the said respective owners or occu­piers, in like manner as the penalties in this act enacted or ordained are directed to be levied and recovered.

X. Provided always, that so much of such shewboards, signs, sign-posts, sign-irons, porches, penthouses, shutes, spouts, pales, rails, and steps, as shall not be made use of in the alterations directed by this act, shall be returned to the respective owners, or be left on the spot, or as near as conveniently may be, or in any other convenient place, to be taken away by such owners; and if any person or persons shall, at any time or times after the passing of this act, hang, place, erect, build, or make any gutter, shewboard, sign, sign-post, sign-iron, penthouse, shutes, spouts, porches, pales, rails, or steps, or any bulk, bow window, or projecting window, in any of the said streets, lanes, publick ways, or market places, or cause the same to be done, every person so offending shall, for every such offence, forfeit and pay the sum of five pounds; and it shall and may be lawful to and for the said mayor, aldermen, and common council of the said town for the time being, to cause the same to be taken down, removed, altered, or regulated, in such manner as they shall think proper, without any notice to be given to the person offend­ing therein, who shall pay the expence and charge attending the same, which shall be levied and recovered of him, her, or them, as the penalties and forfeitures are by this act directed to be recovered.

XI. Provided nevertheless, that all such occupiers of the said houses, shops, and buildings, as are tenants at [...]ackrent, and who shall have paid any of the charges or ex­pences of removing or altering any such projections, annoyances, or incroachments, pursuant to the directions of the said mayor, aldermen, and common council for the time being, are hereby respectively authorized to deduct the same out of the rents pay­able by them for or in respect of such houses, shops, or buildings; and the respective landlords shall be liable, and are hereby required to allow such deductions accordingly, upon the receipt of the remainder of their rents; any thing herein contained to the con­trary notwithstanding.

XII. And be it further enacted, that from and after the passing of this act, it shall and may be lawful to and for the said mayor, aldermen, and common council for the time being, to remove, or cause to be removed, all shop or other windows proj [...]cting above six inches from the front of the buildings to which they belong, which shall, in the judgment of the said mayor, aldermen, and common council for the time being, oc­casion [Page 529] any obstruction or annoyance in any part of the said streets, lanes, publick ways, or market places, and the same to alter in such manner as they shall think proper and convenient: provided always, that in case any such window, already placed or erected, shall be found to project above the space of six inches as aforesaid, and shall be ad­judged to be an obstruction or annoyance by the said mayor, aldermen, and common council for the time being, the charge and expence of removing and altering the same, shall be defrayed out of the funds and revenues of the said corporation; but in case any person or persons shall hereafter place or erect any such window, so as to project above the aforesaid space of six inches, and the same shall be adjudged to be an obstruction or annoyance by the said mayor, aldermen, and common council for the time being, the charge and expence of altering and removing the same shall be defrayed by the owner or owners, occupier or occupiers of the building or buildings in which such ob­struction or annoyance shall be made, and he, she, or they making such obstruction or annoyance, shall moreover forfeit and pay the sum of five pounds.

XIII. And be it further enacted by the authority aforesaid, that if any waggon, coach, chaise, cart, dray, or other carriage (except common stage waggons, drays, or carts, carrying goods, wares, or merchandizes for hire), be suffered to stand or continue in any of the said streets, lanes, publick ways, or market places, for the purpose of loading or unloading, or any other purpose whatsoever, more than the space of one hour at any one time; or if any waggon, coach, chaise, cart, dray, or other carriage, be suffered to stand across any of the said streets, lanes, publick ways, or market places; or if any timber, bricks, stones, slates, hay, straw, wood, faggots, coals, boards, goods, wares, merchandizes, or other materials or things whatsoever, be laid or placed, and left to remain in any of the said streets, lanes, publick ways, or market places, for any longer time than shall be necessary for putting the same into the houses, yards, or private places of the owners thereof (except for building, taking down, or repairing any houses or tenements); or if any ashes, rubbish, dung, manure, or filth, or any other nuisance or annoyance whatsoever, shall be thrown, cast, or laid, and suffered to remain in the said streets, lanes, publick ways, or market places, longer than shall be necessary for the loading and carrying away the same, then, and in every such case, the owner or driver of every such waggon, coach, chaise, cart, dray, or other carriage (except common stage waggons, drays, or carts, carrying goods, wares, or merchandizes for hire), or the owner of any such timber, bricks, stones, slates, hay, straw, wood, fag­gots, coals, boards, goods, wares, merchandizes, materials, or things, and the person or persons so throwing, casting, or laying, or causing to be thrown, cast, or laid, any such ashes, rubbish, manure, dung, dirt, or filth, nuisance, or annoyance, shall, for every offence, in any of the cases aforesaid, forfeit and pay the sum of ten shillings.

XIV. Provided always, that nothing herein contained shall extend to subject any person or persons to the last-mentioned penalty or forfeiture, for laying or depositing any timber, or other goods, wares, or merchandizes, in such part or parts of the pub­lick quay in the said town as is or are appropriated to or for landing goods, wares, and merchandizes from on board ships or vessels lying at the said quay.

XV. And be it further enacted by the authority aforesaid, that the said mayor, alder­men, and common council of the said town for the time being, for the general benefit of the inhabitants of the said town and the liberties thereof, and of all others resorting to or travelling through the same, shall, from and after the passing of this act, have full power and authority, and they are hereby enabled, at the costs and charges of the said corporation of Newcastle, to widen and enlarge the street called the Side, by pulling down the houses and buildings fronting the Water-pant there, bounded by the Side on the south and west, by the Painterheugh on the east, and by a narrow lane leading [Page 530] from the Side to the Painterheugh on the north, and by laying the sites of such houses and buildings into the said street; and to make and open, from the area to be formed thereby, a street of such breadth as they the said mayor, aldermen, and common council for the time being, shall think necessary and convenient, not exceeding seventy feet, to extend in a line northwards to Mosley-Street; and also to make and open a street of such breadth as aforesaid, not exceeding seventy feet, from the west side of the Flesh-Market, opposite to the west end of Mosley-Street, and in a line from thence to West­gate-Street; and also to widen and enlarge the area or street on the west side of Saint Nicholas' church-yard, by pulling down the houses and buildings there, now or late severally belonging to the company of masons, James Gordon, gentleman; John Bulman, sadler; Robert Horseley, esquire; and Roger Hall, woollen-draper; and by laying the sites of such houses and buildings into the street there; and also to make and render more commodious the communication between the said street called the Side, and the Butcher Bank, by cutting off the corner or angle of the house and shop now or late be­longing to Mr. Banister Bayles, and laying the site thereof into the street there; and to make and render more commodious the communication between the Quayside and Sand­hill, by cutting off the corner or angle formed by the houses and shops now or late be­longing to John Hall, doctor of physick, and the representatives of [...] Hilcoat, potter, deceased, and laying the site thereof into the street there; and also to make and render more commodious the communication between the Back-Row and the head of the Side, by cutting off the corner or angle of the house now or late belonging to the represen­tatives of Mr. Walter Smith, deceased, and laying the site thereof into the street there: and, in order to complete and effect such alterations and improvements, they the said mayor, aldermen, and common council, for the time being, shall, and they are hereby authorised and impowered, at the like costs and charges of the said corporation, to treat, contract, and agree with all and every person and persons seised of, or interested in, the said several houses and buildings, bounded by the Side on the south and west, by the Painterheugh on the east; and by the narrow lane leading from the Side to the Painterheugh on the north; the said house and buildings now or late severally belonging to the company of masons, James Gordon, John Bulman, Robert Horseley, and Roger Hall; the said house and shop now or late belonging to Mr. Banister Bayles; the said houses or shops now or late belonging to the said John Hall, and the representatives of the said [...] Hilcoat; and the said house, now or late belonging to the representatives of the said Walter Smith, for the absolute purchase of the said several houses, shops, and buildings, or any of them; and also to treat, contract, and agree with all and every person or persons seised of, or interested in, any lands, messuages, shops, houses, or tenements, within the said town or the liberties thereof, which shall be necessary to be purchased and taken down in making and opening the said intended street from the aforesaid area in the Side, to Mosley-Street, and the said intended street from the pre­sent Flesh or Butcher-Market, to Westgate-Street, for the absolute purchase of such lands, messuages, shops, houses, or tenements, and of their respective interests therein; and that it shall be lawful for all bodies politick or corporate, feoffees, committees, guar­dians, or other trustees, for and on the behalf of themselves, their heirs and successors, or of any infants, feme-coverts, idiots, lunaticks, or other cestuique trusts, and for all other persons whomsoever, who are or shall be seised of, or interested in, any of the said lands, messuages, shops, houses, or tenements, to treat, contract, and agree with the said mayor, aldermen, and common council for the time being, for the absolute sale thereof, and to convey and assure the same; and all such contracts, agreements, sales, and conveyances, shall be good, valid, and effectual, to all intents and purposes whatsoever, any law or statute to the contrary notwithstanding; and all such bodies po­litick or corporate, feoffees, committees, guardians, trustees, and other persons so [Page 531] conveying and assuring, shall be, and are hereby indemnified for what they shall do in pursuance of this act: but in case any such body politick or corporate, or other person or persons seised of, or interested in any such lands, messuages, shops, or tenements, as aforesaid, shall, for the space of three calendar months after notice in writing (to be signed by the said mayor for the time being) given to or left at the dwelling-house or houses, or usual place or places of abode of such person or persons, or of the head officer of any such body politick or corporate, or at the house of the tenant in possession of any such lands, messuages, shops, or tenements, neglect or refuse to treat, contract, or agree, or by reason of absence, or otherwise, be prevented from treating, contracting, or agreeing for the sale and conveyance thereof, or shall not produce or make out a clear title thereto, or to his, her, or their estate or interest therein, then, and in any such case, it shall be lawful for the said mayor, aldermen, and common council for the time being, to issue a warrant, under the common seal of the said corporation of New­castle upon Tyne, to the sheriff of the said town and county of Newcastle upon Tyne, thereby requiring and commanding him to impannel a jury of twenty-four persons qua­lified to serve on juries, to appear before the recorder, for the time being, of the said town, at such time and place, in the said town, as shall in such warrant be mentioned; and the said sheriff is hereby required to impannel such jury accordingly; and out of the number of jurymen so impannelled, and appearing at the time and place aforesaid, the said recorder for the time being is hereby impowered and required to draw, by ballot, and to swear, or cause to be sworn, twelve men, to be the jury for ascertaining the value of the said lands, messuages, shops, houses, or tenements; and in default of a sufficient number of the jurymen so returned appearing, the said sheriff shall take other honest and indifferent men of the standers-by, or that can speedily be procured to attend that service, and be sworn as aforesaid, to make up the said jury to the number of twelve; and all parties concerned shall have their lawful challenges against any of the said jurymen, when they come to be sworn, but shall not challenge the array; and the said recorder for the time being is hereby authorised and impowered to order, and cause the said jury to view the premises in question (in case there shall be occasion), and shall and may use such other lawful ways and means, as well for his own as for the said jury's better information in the premises, as he shall think fit; and he is hereby impowered and authorised, by precept under his hand, to summon and call before him, and the said jury, any person or persons, in order to be examined as a witness or witnesses upon oath touching the premises, and which oath the said recorder for the time being is hereby authorised and required to administer; and the said jury, upon their oaths, after such information had as aforesaid, shall assess and find the value of the said lands, messuages, shops, houses, or tenements, and the sum or sums to be paid to the owner or owners thereof, or person or persons interested therein, according to his, her, and their respec­tive estates and interests, and shall give in their verdict to the said recorder for the time being, who shall thereupon give judgment for the money so assessed by such jury to be paid to the owner or owners, or person or persons interested as aforesaid, according to the verdict of such jury; which verdict and judgment shall be binding and conclu­sive, to all intents and purposes, against all bodies politick and corporate, and other persons whomsoever, and shall be fairly transcribed on parchment, and signed by the said recorder for the time being, and inrolled and kept amongst the records of the said town; and the same, or a true copy thereof, to be attested by the town-clerk of the said town for the time being, under his hand, shall be deemed to be, and shall be received as good and legal evidence in any court of law or equity; and all persons shall and may have recourse to and inspect the same gratis, and may take copies thereof, or extracts therefrom, paying for the same after the rate of two-pence for every seventy words con­tained in each copy or extract.

[Page 532]XVI. Provided always, and it is hereby enacted, that fourteen days previous notice of the day, hour, and place of every such impannelling of such jury or juries, shall be given in writing, under the hand of the mayor for the time being, to the owner or owners of, or other person or persons interested in, such lands, messuages, houses, shops, or tenements, or left at his, her, or their place or places of abode, or by publick ad­vertisement in one of the publick newspapers published at Newcastle.

XVII. And be it further enacted, that, upon payment of the money to be agreed upon, or to be assessed and adjudged, for the purchase of any such lands, messuages, shops, houses, or tenements, and of the interests of the owner or owners, or other person or persons to or for whom the same shall be paid, such owner or owners, or other person or persons to or for whom such money shall be so paid, shall, and is and are hereby required to make and execute good and sufficient conveyances and assurances in the law of such lands, messuages, shops, houses, or tenements, to the said mayor, alder­men, and common council for the time being, at the costs and charges of the said cor­poration; but in case any body politick or corporate, or other person or persons to or for whom any such money shall be so assessed and adjudged as aforesaid, shall refuse, neglect, or omit to make and execute such conveyance and assurance as aforesaid, being thereunto required by the said mayor, aldermen, and common council for the time being, by writing under the common seal of the said corporation, such money being tendered to be paid to him, her, or them; or in case any body politick or cor­porate, or other person or persons to whom any such money shall be so adjudged, shall not be able to evince his, her, or their title to the premises in question, or cannot be found, or by reason of any dispute depending in any court of law or equity, or for de­fect of evidence, or otherwise, it shall not appear to the said recorder for the time being, what person or persons is or are entitled to the lands, messuages, shops, houses or tene­ments in question, then, and in any such case, it shall be lawful for the said mayor, aldermen, and common council, to retain in their hands the money so assessed and ad­judged, for the use of the party or parties entitled thereto, and to be paid to him or them, on the execution of proper conveyances, or the evincing of the title, as the case shall be; and in every such case of retainer of money as aforesaid, the said mayor, al­dermen, and common council for the time being, are hereby required to acknowledge, by writing under their common seal, the money so retained, and for what premises, and for whose use such money shall be so retained; which acknowledgment as aforesaid shall be entered and kept amongst the records of the said town, in such manner as the verdict of the jury, and the judgment of the said recorder for the time being, is herein-before directed to be kept; and immediately upon such acknowledgment being entered as aforesaid, all the estate, right, title, and interest of the body politick or cor­porate, or person or persons for whose use such money shall be retained as aforesaid, in or to the messuages, lands, shops, houses, or tenements, in respect whereof the same shall be so retained, shall be vested in the said mayor, aldermen, and common council for the time being, as fully and effectually as if all persons, having any estate or interest therein, had conveyed the same by any proper and legal conveyance what­soever.

XVIII. Provided always, that the said mayor, aldermen, and common council for the time being, shall be accountable for, and shall duly and regularly pay, during so long as such money shall be so retained by them as aforesaid, out of the funds of the said corporation, by equal half-yearly portions, interest for the money so retained, at the rate of four pounds per centum per annum, unto such person or persons as would have been entitled to receive the rents and profits of the said lands, messuages, shops, houses, or tenements, on account of which such money is so retained, in case the same had not been, by this act, vested in the said mayor, aldermen, and common council for [Page 533] the time being, as aforesaid: and provided also, that in case of retainer of money for want of title, or from it not otherwise appearing to whom such money shall properly belong, but not in any other case, it shall and may be lawful to and for the justices of the peace of the said town and county, at any general quarter sessions of the peace to be holden in and for the said town and county, or at any adjournment or adjournments thereof, on the application of any person or persons interested in any such money so retained by the said mayor, aldermen, and common council for the time being, as aforesaid, to require payment thereof, or of any part thereof, and to place out and in­vest the same in some of the publick funds, or on government securities, in the name or names of any person or persons to be by them named and appointed for that pur­pose, in trust for such person or persons as shall afterwards appear to be legally entitled thereto.

XIX. And be it further enacted, that all money to be paid to any body politick or corporate, feoffees, committees, guardians, or other trustees, for or on the behalf of any infants, lunaticks, idiots, feme-coverts, or other cestuique trusts, for or in re­spect of their several interests in any such lands, messuages, shops, houses, or tene­ments, as aforesaid, shall be, by such body politick or corporate, feoffees, committees, guardians, or other trustees as aforesaid, receiving the same, laid out, as soon as con­veniently may be, in the purchase of any messuages, lands, or tenements, in fee-simple, to be conveyed and assured to them respectively, or to such other person or persons as they shall respectively appoint on their behalf, to, for, upon, and subject to such and the same uses, trusts, and limitations, as the lands, messuages, shops, houses, or tene­ments so to be purchased, shall, at the time when the same shall be so purchased, stand limited, settled, and assured; and in the mean time, and until such purchases or pur­chase shall be made, such money shall be placed out by such body politick or corporate, feoffees, committees, guardians, or other trustees, in some of the publick funds, or on go­vernment security; and the interest arising or to be produced from such funds or security, shall be paid to such person or persons, or applied to and for such uses, intents, and purposes respectively, as the rents and profits of such messuages, lands, or tenements, to be purchased as last mentioned, in case the same were actually purchased and settled pursuant to the tenor and true meaning of this act, ought to be paid and applied.

XX. And be it further enacted by the authority aforesaid, that all and every houses and other buildings, to be erected and built in the said intended streets, or in the place or places to be found and provided for the publick markets, and the standing, loading, and unloading of common stage waggons, drays, and carts carrying goods for hire, in manner herein-after mentioned, shall be erected and built with a party wall of bricks or stone, of the thickness of fourteen inches, and in such uniform fashion and form, and according to such plan or plans as the said mayor, aldermen, and common council, for the time being, shall direct or appoint.

XXI. And be it enacted by the authority aforesaid, that the said recorder for the time being shall have power to impose any reasonable fine or fines on the sheriff of the said town, his deputy or deputies, bailiffs, or agents, respectively, making default in the duty by this act required to be performed by the said sheriff, and on any of the persons who shall be summoned and returned on any such jury or juries, and shall not appear, or appearing, shall refuse to be sworn on the said jury or juries, or being so sworn, shall not give his or their verdict, or shall in any other manner wilfully neglect his or their duty in the premises, contrary to the true intent and meaning of this act; and likewise upon such person or persons summoned as aforesaid to give evidence, who shall neglect or refuse to appear at such time or times, place or places, as shall be ap­pointed for that purpose as aforesaid, or appearing, shall refuse to be sworn, give evi­dence, or be examined by or before the said recorder for the time being, and jury or [Page 534] juries, and from time to time to levy such fine or fines by distress and sale of the goods and chattels of the offender or offenders, by warrant or warrants under the hand and seal of the said recorder for the time being, to be directed to any one or more of the serjeants at mace, or constables of the said town, and which serjeant at mace or constable, serjeants at mace or constables, is and are hereby required and authorised to execute the same.

XXII. Provided always, that no such fine do exceed the sum of five pounds, and that such fine or fines shall be forthwith paid into the hand or hands of the overseer or overseers of the poor of the respective parishes where the offender or offenders shall reside, for the use of the poor of such respective parishes.

XXIII. Provided always, and be it enacted by the authority aforesaid, that if such jury shall assess the said lands, messuages, shops, houses, or tenements, at a greater value than the said mayor, aldermen, and common council for the time being, shall have offered for the same, then the costs and charges of every kind, attending the ob­taining such assessment by a jury, shall be paid out of the funds and revenues of the said corporation; and if the said jury shall not assess the said premises at a greater value than the sum or sums offered for the same by the mayor, aldermen, and common coun­cil, that then the said costs and charges shall be paid by the party or parties refusing to treat, or to accept the price so offered by the said mayor, aldermen, and common coun­cil for the time being, as aforesaid.

XXIV. And whereas, by means of the purchases which the said mayor, aldermen, and common council for the time being, are by this act impowered to make, they will or may become possessed of grounds or buildings more than may be necessary for ef­fecting the several purposes in this act declared; be it therefore further enacted, that it shall and may be lawful to and for the said mayor, aldermen, and common council for the time being, and they are hereby authorised and impowered, from time to time, when any such case shall happen, either by private contract or publick auction, at their discretion, to let, sell, or dispose of such ground and buildings, either together or in parcels, to any person or persons willing to take or purchase the same; and to de­sign and direct in what manner any new houses or buildings to be built thereon shall be erected.

XXV. Provided always, that the monies to arise by the letting or sale of such grounds and buildings, or by the sale of any materials of the purchased buildings, which shall be pulled down for the purpose aforesaid, shall be paid into the town's chamber, for the use of the said corporation of Newcastle.

XXVI. And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the said mayor, aldermen, and common council for the time being, to find and provide a proper and convenient place, or proper and convenient places, within the said town, or the liberties thereof, for holding and keeping publick markets for the sale of corn and other grain, fish, butchers meat, poultry, milk, butter, eggs, vegetables, and other viands and provisions, goods, wares, and merchandizes; and to make and open proper and convenient communications with, and passages and avenues to the same; and, when in common council assembled, by acts or orders of common council, to order and direct such place or places so found and provided as aforesaid, to be used as publick market places accordingly; and also, when in common council as­sembled, from time to time, by acts or orders of common council, to ascertain, set out, and appoint, such particular part or parts of the streets, lanes, publick ways, and market places, within the said town, or the liberties thereof, as they shall judge proper and convenient, for holding and keeping such market or markets as aforesaid; and also to ascertain, set out, and appoint such particular place or places in the said markets, or any of them, for the erecting any stalls or standings for vending or exposing to sale corn [Page 535] and other grain, fish, butchers meat, poultry, milk, butter, eggs, vegetables, and other viands and provisions, goods, wares, and merchandizes; and also to make and ordain such orders, rules, and regulations as to them shall from time to time seem re­quisite and necessary for the ordering, directing, and regulating the said markets, and for fixing and ascertaining the time or times when the said respective commodities shall respectively be begun to be offered and exposed to sale, and how long the same may continue exposed to sale, and also the mode and manner of carrying and conveying the said several commodities to and from such markets, and also the time or times when any such stalls or standings as aforesaid shall be erected and set up, and taken down or removed; all which orders, acts of common council, rules, and regulations shall be printed or written in legible characters, and affixed in some conspicuous place or places within the said town, and shall also be advertised two successive times in one of the weekly newspapers published in the said town, and further made known, to those whom it may concern, in such manner as to the said mayor, aldermen, and common council, for the time being, shall seem meet; and in case any person or persons shall offend against or disobey any of the said orders, rules, and regulations, so to be made and published as aforesaid, every such person shall, for every such offence, forfeit and pay the sum of twenty shillings.

XXVII. And be it further enacted, that from and after the making and publishing any such acts or orders of common council, which shall direct or appoint, ascertain or set out, any particular place or places for holding and keeping any market or markets for the sale of corn and other grain, fish, butchers meat, poultry, milk, butter, eggs, vegetables, and other viands and provisions, goods, wares, and merchandizes, or any of them, no person or persons shall hold any market in any other part or place of the said town, or the liberties thereof, for the sale of the said commodities, or such of them for the sale whereof any place or places shall be so directed or appointed, ascertained or set out, as aforesaid (except on fair days); nor shall any person or persons (except on such fair days) erect or set up any stall, booth, or standing whatsoever, or expose to sale or vend (except in any shop or warehouse) any such corn or grain, fish, butchers meat, poultry, milk, butter, eggs, vegetables, or other viands or provisions, goods, wares, or merchandizes, of any sort whatsoever, in any place or places not so directed or appointed, ascertained or set out, for those respective purposes, by act or order of common council as aforesaid.

XXVIII. Provided always, that nothing herein contained shall extend to or affect the fairs or markets held within the said town, or the liberties thereof, for the sale of horses, sheep, swine, or other live cattle, but that the same shall be held in the usual places within the said town, or the liberties thereof; nor shall any thing herein contained extend to affect, impeach, or prejudice the right or title of the mayor and burgesses of the said town to the tolls, stallage, free customs, and other profits, which now are, or at any time heretofore have been, held, enjoyed, received, or taken by the said mayor and burgesses, or by any other person or persons whomsoever, in or upon the an­cient or other market places within the said town, or the liberties thereof, or any of them; but that the same tolls, stallage, free customs, and other profits, shall be re­ceived and taken by the said mayor and burgesses, or such other person or persons as shall be entitled thereto, as the same shall arise, accrue, or become due, in or upon the said ancient or other market places, or in or upon any of the new market places to be directed or appointed, ascertained, or set out by virtue of this act.

XXIX. And be it further enacted by the authority aforesaid, that it shall and may be lawful to and for the said mayor, aldermen, and common council for the time be­ing, and they are hereby authorised and impowered to find and provide a proper and convenient place, or proper and convenient places, within the said town, or the liberties [Page 536] thereof, for the standing, loading, and unloading, of common stage waggons, drays, or carts, carrying goods, wares, or merchandizes for hire, with proper and convenient avenues and passages to the same, and, when in common council assembled, by act or order of common council, to direct, require, and appoint, that all such common stage waggons, drays, or carts, as shall be in, or come into the said town, shall stand, and shall load and unload, in the place or places so to be found and provided or appointed by the said mayor, aldermen, and common council for that purpose, or in any place or places in the streets, lanes, publick ways, or market places in the said town, or the liberties thereof, as shall seem to them the said mayor, aldermen, and common council, for the time being, most proper and convenient; and in case any such common stage waggon, dray, or cart, shall be suffered to stand, or shall be loaded or unloaded in any other place or places, within the said town, or the liberties thereof, save such as shall be so found and provided, or appointed for the standing, loading, and unloading of such waggons, drays, and carts as aforesaid, then the owner or driver of every such waggon, dray, or cart, shall for every offence forfeit and pay the sum of twenty shillings.

XXX. Provided always, that nothing herein contained shall prevent or hinder the owner or driver of any such last-mentioned waggon, dray, or cart, from delivering from such waggon, dray, or cart, any goods, wares, or merchandizes at the doors, houses, shops, warehouses, yards, or premises of such of the inhabitants of the said town, or the liberties thereof, to whom the same goods, wares, and merchandizes shall belong, or be intended to be delivered, provided the same be done with all convenient dispatch, and with as little annoyance to the publick passage as possible; nor to hinder or prevent any such waggon, dray, or cart, from standing, or being loaded or un­loaded in the private grounds, yards, areas, or premises, of any of the inhabitants of the said town, or the liberties thereof.

XXXI. And be it further enacted by the authority aforesaid, that it shall be lawful to and for the said mayor, aldermen, and common council for the time being, to find and provide a proper and convenient place, or proper and convenient places, without the walls, but within the liberties of the said town, for the laying and depo­siting of the dirt, dust, ashes, filth, dung, and manure, arising in and out of the said streets, lanes, publick ways, and market places, and brought forth by the inhabitants of the said town, and the liberties thereof, from their houses, yards, or other premises, to be carried away by the person or persons appointed by the said mayor, aldermen, and common council for the time being, for that purpose, with proper and convenient avenues and passages to the same; or, when in common council assembled, by order or act of common council, to set out and appoint any place or places, in any of the said streets, lanes, or publick ways, or the waste grounds thereto adjoining, which they shall deem most proper and convenient for the purpose, and of the least annoyance or obstruction to the inhabitants of the said town and the liberties thereof, and of travellers and others resorting thereto, as middensteads or repositories for the laying and depositing of all such dirt, dust, ashes, filth, dung, and manure, and to and in which place or places all such dirt, dust, ashes, filth, dung, and manure, shall be carried and laid; any thing in this act contained to the contrary notwithstanding.

XXXII. And, for the more effectually enabling the said mayor, aldermen, and common council for the time being, to find and provide proper and convenient places within the said town, or the liberties thereof, for such market or markets; for the standing, loading, and unloading of common stage waggons, drays, and carts, carrying goods, wares, or merchandizes for hire; and for laying and depositing of all the dirt, dust, ashes, filth, dung, and manure, arising in and out of the said streets, lanes, publick ways, and market places, and brought forth by the inhabitants of the said town, and [Page 537] the liberties thereof, from their houses, yards, or other premises, to be carried away by the person or persons to be appointed by the said mayor, aldermen, and common council for the time being for that purpose, with proper and convenient avenues and passages to the same respectively; be it enacted by the authority aforesaid, that they the said mayor, aldermen, and common council for the time being, shall have full power and authority to treat, contract, and agree with any person or persons, for the absolute purchase of any houses, buildings, or grounds, within the said town, or the liberties thereof, which shall, in their judgment, be fit or convenient for all or any of such purposes, and to apply and employ the said purchased premises accordingly.

XXXIII. And it is hereby further enacted, that all and every the clauses, powers, authorities, rules, regulations, payments, penalties, matters, and things herein-before contained, in respect to the purchasing and obtaining the said lands, messuages, shops, houses, or tenements, for making and forming the said intended streets, and summon­ing of juries, shall extend, and are hereby extended to, and shall take effect, operate, and be put in execution for the purchasing and obtaining any houses or buildings, lands or grounds, for the purpose of making proper and convenient places for such market or markets, and for the standing, loading, and unloading of common stage waggons, drays, or carts, carrying goods, wares, or merchandises for hire; and also proper and convenient middensteads or repositories for laying and depositing the dirt, dust, ashes, filth, dung, and manure arising in and out of the said streets, lanes, publick ways, and market places, and brought forth by the inhabitants of the said town, and the liberties thereof, from their houses, yards, and other premises, to be carried away by the person or persons appointed by the said mayor, aldermen, and common council, for the time being, for that purpose, with proper and convenient avenues and passages to the same, respectively, in such and the same manner, and as effectually, to all intents and pur­poses whatsoever, as if all the said clauses, powers, authorities, regulations, payments, penalties, matters, and things were herein repeated, re-enacted, and applied to the purchasing and obtaining such last-mentioned houses or buildings, lands or grounds.

XXXIV. And whereas it may happen, that the said mayor, aldermen, and common council for the time being, may hereafter think it necessary, for enlarging, widening, or rendering more commodious, the streets, lanes, publick ways, and passages now o [...] hereafter to be made in the said town or the liberties thereof, or for making new streets, lanes, publick ways, and passages there, to pull down houses or other buildings, and to lay the sites thereof, and also pieces or parcels of land or ground, into such streets, lanes, publick ways, and passages, which they may not be able to effect under the powers and authorities herein-before contained; be it therefore further enacted, that it shall and may be lawful to and for the said mayor, aldermen, and common council for the time being, to contract and agree with any person or persons seised of or interested in any houses or buildings, lands or grounds, within the said town, or the liberties thereof, for the purchase of all or any such houses or buildings, lands or grounds, and to pay the expence of such purchase or purchases out of the funds and revenues of the said corporation; and to take and pull down all or any of such houses or buildings, and to apply the sites thereof, or of any part thereof, and also such purchased lands or grounds, of any part thereof, in enlarging or rendering more commodious the said streets, lanes, publick ways, and passages, or in making new streets, lanes, publick ways, and passages; and also to dispose of such part or parts of the said purchased pre­mises, as shall not be applied as aforesaid, to such person or persons, and for such uses and purposes, as they shall think proper.

XXXV. And whereas it may happen, that some bodies politick or corporate, fe­offees in trust, of others, are of may be seised or possessed of, or interested in, the said houses, buildings, lands, and grounds, necessary to be purchased for the purposes [Page 538] aforesaid; and such person or persons, bodies politick or corporate, feoffees in trust, or others, may be willing to treat and agree for the sale of such houses, buildings, lands, and grounds, but may be incapable of granting or conveying the same, by reason of infancy, or other disability; be it therefore further enacted, that it shall and may be lawful to and for all bodies politick or corporate, and all feoffees in trust, executors, administrators, husbands, guardians, committees, trustees, or other persons whom­soever, for or on the behalf of any infants, feme-coverts, cestuique trusts, and for all and every person and persons who are or shall be seised, possessed of, or interested in, any such houses, buildings, lands, and grounds, to treat, contract, and agree with the said mayor, aldermen, and common council for the time being, for the purchase of such houses, buildings, lands, and grounds, or any part thereof, and to sell and con­vey the same accordingly; and all contracts, agreements, sales, and conveyances, which shall be so made, shall be valid and effectual, to all intents and purposes what­soever, any law or statute to the contrary notwithstanding; and all such bodies politick or corporate, feoffees in trust, executors, administrators, husbands, guardians, com­mittees, or trustees, and other person or persons so conveying, shall be, and are hereby indemnified for what they shall do by virtue or in pursuance of this act.

XXXVI. Provided always, and be it further enacted, that all money to be paid to any body politick or corporate, feoffees in trust, executors, administrators, husbands, guardians, committees, or trustees, for or on the behalf of any infants, feme-coverts, or cestuique trusts, shall be by them respectively laid out, as soon as conveniently may be, in the purchase of any messuages, lands, or tenements, in fee simple, which, when purchased, shall be subject to such and the same uses, trusts, and limitations as the houses or buildings, lands and grounds, so to be purchased shall, at the time when the same shall be so purchased, stand limited, settled, and assured; and in the mean time, and until such purchase or purchases shall be made, the said money shall be placed out in some of the publick funds, or on government security, and the interest arising from the same shall be paid to such persons, and applied to such purposes, as the rents and profits of the premises to be purchased, as last mentioned, in case the same were pur­chased and settled, ought to be paid and applied.

XXXVII. And be it further enacted, that all penalties and forfeitures by this act imposed (the manner of levying and recovering whereof is not hereby otherwise parti­cularly directed) shall, after conviction, if not paid upon demand, be levied and re­covered by distress and sale of the offender's goods and chattels, by warrant under the hand and seal of any one of the magistrates or justices of the peace in and for the said town and county of Newcastle; which warrant such justice is hereby impowered and required to grant, upon the conviction of the party or parties offending, by his, her, or their confession, or by the oath or oaths of one or more credible witness or witnesses; and the penalties and forfeitures, when levied or recovered, after rendering the over­plus of the money arising from such distress and sale (if any be), on demand, to the party or parties whose goods and chattels shall be so distrained and sold (the charges of conviction, and of such distress and sale, being first deducted), shall be paid into the town's chamber of the said town, for the use of the said corporation of Newcastle; and in case sufficient distress shall not be found, or such penalties and forfeitures shall not be forthwith paid, it shall and may be lawful to and for such justice or justices, and he and they is and are hereby authorised and required, by warrant under his or their hand and seal, or hands and seals, to cause such offender or offenders to be committed to the common gaol or house of correction in and for the said town, there to remain, without bail or mainprize, for any time not exceeding two calendar months, nor less than seven days, unless such penalties and forfeitures, and all reasonable charges as aforesaid, shall be sooner paid and satisfied.

[Page 539]XXXVIII. And be it further enacted, that the justice or justices of the peace before whom any person or persons shall be convicted of any offence against this act, shall cause the conviction to be drawn up in the following form of words, or in any other words to the same effect; (videlicet)

BE it remembered, that on the [...] day of [...] A. B. is convicted before me C. D. esquire, one of his Majesty's justices of the peace in and for the town and county of the town of Newcastle upon Tyne [specifying the offence, and time and place when and where the same was committed, as the case shall be], contrary to the form of the statute in that case made.

Given under my hand and seal, the day and year first above written.

XXXIX. Provided always, and be it further enacted, that it shall be lawful for the [...]ustice or justices of the peace, before whom any offender or offenders shall have been convicted, to mitigate or lessen any of the forfeitures and penalties incurred under this act, so as the mitigation of such forfeitures and penalties do not extend to remit more than three-fourths of the said forfeitures and penalties respectively.

XL. Provided always, and be it further enacted, that it shall be lawful for the said mayor, aldermen, and common council, for the time being, to reward any informer or informers as they shall think proper, out of the penalties and forfeitures incurred by this act, so as such reward does not exceed one half of the forfeitures and penalties arising from the informations of such informer or informers; any thing herein contained to the contrary notwithstanding.

XLI. And be it further enacted, that no proceedings to be had touching the con­viction of any offender or offenders against this act, or any order made, or other mat­ter or thing to be done or transacted in or relating to the execution of this act, shall be vacated or quashed for want of form only; any law or statute to the contrary notwith­standing.

XLII. And be it further enacted, that where any distress shall be made for any pe­nalties or forfeitures to be levied by virtue of this act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any default or want of form in any proceedings relating thereto; nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio, on account of any irregularity which shall be afterwards done by the party or parties distraining; but the person or persons aggrieved by such irregularity may re­cover full satisfaction for the special damage in an action on the case.

XLIII. Provided always, that no plaintiff or plaintiffs shall recover, in any action for any such irregularity, trespass, or other proceeding, if tender of sufficient amends shall be made, by or on behalf of the party or parties who shall have committed, or caused to be committed, any such irregularity, trespass, or wrongful proceeding, be­fore such action brought; and in case no such tender shall have been made, it shall be lawful for the defendant or defendants in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he or they shall see sit, whereupon such proceedings or orders and judg­ment shall be had, made, and given, in and by such court, as in other actions where the defendant is allowed to pay money into court.

XLIV. And be it further enacted, that no action or suit shall be commenced against any person, for any thing done in pursuance of this act, until fourteen days notice thereof in writing shall be given to the town clerk for the time being of the said corpo­ration of Newcastle upon Tyne, or after three calendar months next after the fact com­mitted [Page 540] for which such action or actions, suit or suits, shall be so brought; and every such action shall be brought, laid, and tried in the county of Northumberland, and not elsewhere; and the defendant and defendants in such actions or suits, and every of them, may plead the general issue, and give this act, and the special matter, in evi­dence, at any trial or trials which may be had thereupon, and that the matter or thing for which such action or actions, suit or suits, shall be so brought, was done in pursu­ance and by the authority of this act: and if the said matter or thing shall appear to have been so done, or if it shall appear that such action or suit was brought before fourteen days notice, in writing, was given as aforesaid, or that sufficient satisfaction was made or tendered as aforesaid, or if any such action or suit shall not be commenced within the time before for that purpose limited, or shall be laid in any other county or place than as aforesaid, that then the jury or juries shall find for the defendant or de­fendants therein; or if the plaintiff or plaintiffs in such action or actions, suit or suits, shall become nonsuited, or suffer a discontinuance of such action or actions, or if judg­ment shall be given for the defendant or defendants therein, then, and in any of the cases aforesaid, such defendant or defendants shall have double costs, and shall have such remedy for recovering the same as any defendant or defendants may have for his, her, or their costs in any other cases by law.

XLV. And be it further enacted by the authority aforesaid, that nothing in this act contained shall extend, or be construed to extend, to prevent the mayor and burgesses of Newcastle upon Tyne, or any other person or persons, from having or taking any legal remedy against any person or persons, for any incroachments or nuisances that are or shall be made within the said corporation or town of Newcastle upon Tyne, or the liberties thereof, or for any of the annoyances or obstructions hereby intended to be avoided and prevented, or in any other manner to prejudice, lessen, or defeat any legal power, privilege, franchise, or authority of the said mayor and burgesses, or any of the juries or officers of their court (save and except the power of punishing any person or persons who shall have been before punished by authority of this act for the same offence); but that the said mayor and burgesses, juries, and officers respectively, for the time being, shall and may exercise and enjoy all and every such powers, privileges, franchises, and authorities (save and except only as before is saved and excepted), in as full and ample a manner, to all intents and purposes, as they have heretofore used to do, and of right could or might have done in case this act had not been made.

XLVI. And be it further enacted, that this act shall be deemed, adjudged, and taken to be a publick act; and shall be judicially taken notice of as such, by all judges, justices, and other persons whomsoever, without specially pleading the same.

APPENDIX, P. 25. Hospitale Novi Castri super Tynam in comitatu Northumbriae vocatum Thornton's Hospital. Licentia Henrici Regis Quarti Rogero de Thornton concessa pro fundatione ejusdem.

REX &c. Sciatis quod de gratia nostra speciali et consideratione cujusdam summae pecuniae nobis in camera nostra per dilectum nobis Rogerum nuper solutae concessimus et licentiam dedimus &c. praefato Rogero quod ipse quoddam hos­pitale in honore Sanctae Katherinae in quodam messuagio suo per ipsum Rogerum in parte nuper edificato in quodam loco vocato se Sandhill, in villa nostra Novi Castri super Tynam, continente C [...]pedes in longitudine, XL pedes in latitudine de uno ca­pellano divina infra hospitale praedictum pro salubri statu ipsius Rogeri dum vixerit et pro anima sua cum ab hac luce migraverit ac animabus patris et matris ipsius Rogeri et Agnetis nuper uxoris ejus: nec non antecessorum & liberorum suorum ac omnium fidelium defunctorum singulis diebus celebraturo; ac de novem viris et quatuor foeminis pauperibus in eodem hospitale continuè residentibus juxta ordinationem ipsius Rogeri vel executorum suorum in hac parte faciendam, de novo facere creare fundare & stabilire possit in perpetuum: Et quod hospitale illud hospitale per se privatum & incorporatum existat in perpetuum, ac etiam quod capellanus hospitalis predicti, qui pro tempore fuerit, sit custos ejusdem hospitalis; ac quod idem capellanus, custos, et predicti viri et foeminae, fratres & sorores hospitalis Sanctae Katherinae, vocati Thornton's Hospital, in Novo Castro super Tynam nuncupentur. Quodque custos, fratres & sorores et eorum successores per nomen custodis fratrum et sororum hospitalis Sanctae Katherinae vocati Thornton's Hopital in Novo Castro super Tinam, sint personae capaces & habiles ad omnimoda terras, tenementa, redditus & servicia ac alias possessiones quascunque de quibusdam personis adquirendas capiendas & recipiendas, tenendas sibi et successoribus suis, custodibus, fratribus & sororibus hospitalis predicti in perpetuum, licentia Regis inde primitus optenta. Nec non quod idem custos &c. sint personae habiles ad alios implacitandos et ab aliis implacitari et ad defendendum in quibuscunque placitis & que­relis per nomen custodis fratrum et sororum hospitalis Sanctae Katherinae vocati Thorn­ton's Hospital in Novo Castro super Tynam. Et quod licet (habere) unum commune sigillum pro negotiis et agendis ejusdem hospitalis deserviturum in perpetuum. Et ul­terius &c. licentiam dedimus &c. prefato Rogero quod ipse quandam cantariam de uno capellano divina ad altare beati Petri in capella Omnium Sanctorum in villa pre­dicta pro statu et animabus praedictis singulis diebus celebratur' juxta ordinationem ipsius Rogeri vel executorum suorum in hac parte faciendam, scilicet facere sundare et stabilite possit in perpetuum. Concessimus etiam &c. prefato Rogero quod ipse messuagium suum predictum cum pertin' quod de nobis teneat in burgagio, postquam hospitale pre­dictum, sic factum fundatum et stabilitum fuerit, dare possit et assignare prefatis custodi fratribus & sororibus hospitalis predicti habend' et tenend' sibi et successoribus suis, tam pro inhabitatione sua quam in auxilium sustentationis suae in perpetuum. Concessimus insuper &c. eidem Rogero quod ipse haeredes assignati vel executores sui terras tene­menta & redditus cum pertinen' ad valorem 10 lib. per annum tam ea que de nobis te­nentur in burgagio quam ea que de nobis non tenentur acquirere & prefatis custodi fra­tribus & sororibus hospitalis predicti ac capellano cantariae predictae cum sic facta fundata & stabilita fuerit, juxta discretionem & limitationem suam divisam et proportionabiliter dare assignare & concedere possint habend' &c. in perpetuum &c. T. Rege apud Westm' 10 Junii.—Bourne, p. 124, note.

[Page 542]N. B. No 1, in the plate entitled "Statues of Kings Charles II. and James II. &c." represents the famous equestrian one of James II. which stood on the Sandhill, and was destroyed by the mob at the revolution.

No 2, a statue of Charles II. in a Roman habit, which formerly stood (as repre­sented in No 4) over the entrance to the late Magazine-Gate on Tyne-Bridge, now under the clock on the front of the Exchange, Sandhill.

No 3 represents the present appearance of the desecrated chapel of St. James's Hos­pital in Gateshead.

APPENDIX, P. 50. Anno duodecimo Georgii III. Regis. An Act to enable the Lord Bishop of Durham, and his successors, to raise a competent sum of money, to be applied for the repairing, improving, or rebuilding, such part of Tyne-Bridge, as belongs to the see of Durham.

WHEREAS the Right Reverend Father in God John Lord Bishop of Durham is intitled, in right of his see, to one-third part of an ancient bridge extending across the river Tyne, between the town of Gateshead, in the county palatine of Durham, and the town and county of the town of Newcastle upon Tyne: and whereas, by the violence and rapidity of a most extraordinary flood, which happened on the seventeenth day of November, one thousand seven hundred and seventy one, in the river of Tyne, the said bridge was very much damaged, broken down in several places, and rendered utterly impassable: and whereas, in order to restore an easy and safe communication between the counties of Durham and Northumberland, it is highly expedient that the said bridge should be rebuilt, or effectually repaired, with all possible expedition: and inasmuch as the necessary repairs of the one-third part of the said bridge, belonging to the said Lord Bishop of Durham in right of his see, and extending from two blue marble or boundary stones, on the south side of the said bridge, to the said town of Gateshead, will be attended with a great expence; and however reasonable or proper it may be, that the entire sum necessary to be appropriated for, and employed in, that useful and necessary work, ought to be raised out of, or secured upon, the revenues and possessions of the said see of Durham, and that the Lord Bishop of Durham for the time being, ought not to bear any greater burthen than shall arise from the interest or annual charge to be paid in respect of the principal money to be raised for the purpose aforesaid; yet the said John Lord Bishop of Durham is consenting that a reasonable and adequate sum of money may be raised by the authority of parliament, by granting an­nuities for lives, which will not only be speedy and effectual, but may be a method less burthensome to the successors in the said see than to the said John now Lord Bishop of Durham, by the eventual dropping of lives, and the decrease of such temporary charge: wherefore, may it therefore please your Majesty that it may be enacted, and be it enacted 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, [Page 543] and by the authority of the same, that the chancellor of the bishoprick and county pa­latine of Durham and Sadberge, the sheriff of the county palatine of Durham and Sadberge, the vicar-general and principal official of the diocese of Durham, the attorney and solicitor-general to the Lord Bishop of Durham, the principal register or registrar of the diocese of Durham, the auditor to the Lord Bishop of Durham, the keeper of Auckland-castle, the steward of the halmote courts of the Lord Bishop of Durham, the clerk of the halmote courts of the Lord Bishop of Durham, the clerk of the great receipt of the exchequer of Durham, the register of the court of chancery of Durham, the clerk of the chancery of Durham, and the keeper of the rolls of the chancery aforesaid, the clerk of the itinerant justices, and other justices whomsoever in the county palatine of Durham and Sadberge, and the bailiff of the borough of Auckland for the time being, shall be, and they are hereby appointed trustees for putting this act in execution, by and under the direction of the said John Lord Bishop of Durham, and his successors.

Provided always, and be it enacted, that no person shall be capable of acting as a trustee in the execution of this act, during the time he shall hold any office or appoint­ment, to which any salary or pecuniary profit shall be annexed, by virtue or in pursu­ance of this act; nor shall any such trustee, on his own private account, enter into any contract, or have any share or interest in any contract, relating to the execution of any of the powers contained in this act.

And whereas it may be necessary to open a more convenient avenue and passage to that part of the said bridge which belongs to the said see of Durham, and to remove the erections and buildings on the same, be it therefore enacted, that the said trustees, or any three or more of them, shall, and they are hereby authorised, by and under such direction of the said Lord Bishop of Durham, and his successors, as aforesaid, to treat, contract, and agree with any person or persons, for the absolute purchase of any estate or interest in any buildings or ground, which shall be deemed necessary to be ap­propriated, for the better and more effectually repairing, rebuilding, or improving, such part of the said bridge as belongs to the said see of Durham, and for making more convenient the avenue and passage leading on the same, or to appropriate any building or ground which the said bishop is intitled unto in right of his see, for the pur­poses aforesaid.

And, forasmuch as the raising an adequate sum of money upon the credit of this act, by granting annuities for lives, will be a speedy and effectual method of carrying the intentions of the said John Lord Bishop of Durham into complete execution; be it therefore further enacted by the authority aforesaid, that it shall and may be lawful to and for any person or persons to contribute, advance, and pay, to such treasurer or treasurers as the said John Lord Bishop of Durham, or his successors, shall, in manner herein­after mentioned, authorise and impower to receive the same, for the uses herein-after expressed, any sum or sums of money, not exceeding in the whole the sum of twelve thousand pounds, for the absolute purchase of twelve or more annuities for lives, to be paid and payable, and the same are hereby directed to continue and be paid, during the full term of the natural life of each such contributor respectively, or the natural life of such other person as shall be nominated by or on the behalf of each contributor respectively, at the time of payment of their respective purchase or contribution-money; which an­nuity or annuities shall not respectively exceed the rate of ten pounds per annum for every one hundred pounds advanced and actually paid, and so in proportion for any greater or less sum so to be advanced and paid as aforesaid; and the said several an­nuities, so to be purchased, shall be charged upon, and be paid and payable out of the rents, revenues, and profits, of the said see, which from time to time, during the con­tinuance of the said annuities, or any of them, shall be received by the said John [Page 544] Lord Bishop of Durham, or his successors, or shall come to the hands of, or be re­ceived by the receiver-general for the time being of the said John Lord Bishop of Durham, or his successors, by such receiver-general, or his successors, at such place in the city of Durham, by equal half-yearly payments, as in the order or orders herein-after mentioned for payment thereof shall be respectively expressed; and such receiver-general for the time being shall be credited, or have an allowance in his accounts of or for all such sums of money, as he shall actually pay by virtue or in pursuance of this act, as fully and effectually, to all intents and purposes, as if such payments had respectively been really and bonâ fide made to the said John Lord Bishop of Durham, or his suc­cessors; and the said several annuities shall commence from the receipt of any sum or sums of money respectively; and such annuity or annuities shall not be subject or liable to any deduction or abatement for or in respect of any tax, charge, or assessment, im­posed or to be imposed by authority of parliament, or otherwise howsoever, upon the lands, tenements, or persons, by this act charged therewith, or by whom, or out of which the same are to be answered and paid; nor shall any such annuitant or annuitants, their executors, administrators, or assigns, or any of them, be answerable or account­able for the misapplication or nonapplication of, or liable to make good any loss that shall or may happen in, or of any such purchase or consideration-money that shall be so advanced or paid as aforesaid, or any part thereof; and the receipt or receipts of the said several annuitants, their respective executors, administrators, or assigns for all and every such sum and sums of money as shall be paid to them, or any of them respectively, by the said receiver-general for the time being, in pursuance of this act, shall be as good and effectual discharges to such receiver-general, as if the same sum and sums had been actually paid to the said John Lord Bishop of Durham, or his suc­cessors.

Provided always, and it is hereby further enacted and declared, that, previous to the sale of such annuities, in order to raise the said sum of twelve thousand pounds, or any part thereof, one calendar month's notice at the least shall, four or more different days, be given in the London Gazette, expressing the intention of the sale of such an­nuity or annuities, so as to raise the said sum of twelve thousand pounds, or any part thereof, in order that any person may have an opportunity to deliver in proposals for what annual income or payment per centum they are willing to advance their money; and the said trustees, or any three or more of them, shall (if the said Lord Bishop of Durham, or his successors, shall think any such proposals reasonable) give the pre­ference to the lowest proposer, regard being had to the circumstances of age and health; and the said annuities shall be sold by the said trustees, or any three or more of them, subject to the approbation of the said Lord Bishop of Durham, to be signified by any writing under his hand, to the best advantage they can.

And, for the more effectual securing to the said annuitants the regular and full pay­ment of their respective annuities, be it further enacted, that the said several annuities shall be also charged upon and issuing out of, and the same are hereby charged upon and directed to be issued out of all or any such part of the temporalities and possessions belonging to the said see of Durham, as shall, from time to time, and at any time hereafter, during the life or lives of any such annuitant or annuitants, be held in de­mesne, or be in the immediate possession or holding of the said John Lord Bishop of Durham, or his successors: and if it shall happen that the said several annuities, or any of them, or any part thereof respectively, shall be behind and unpaid for twenty-one days after any of the feasts or days which shall be limited and appointed for pay­ment thereof; then, and so often, and from time to time as it shall so happen, it shall and may be lawful to and for the said annuitants, or persons intitled to such annuities respectively, and his and their respective executors, administrators, and assigns, into [Page 545] and upon the premises so hereby charged, for more effectually securing the payment of the said annuity or annuities, or into and upon any part thereof, to enter and distrain; and the distress and distresses then and there found to take, lead, drive, carry away, and impound, or otherwise dispose of, according to law, until the said annuity or annuities, and all arrears thereof, and all costs and charges attending such entry and distress, and all damages to be sustained by reason of the nonpayment thereof, shall be fully satisfied and paid; and moreover, that if the said annuity or annuities, or any part thereof, shall be behind or unpaid for forty days after any of the feasts or days which shall be limited or appointed for payment thereof; then, and so often, from time to time, as it shall so happen, it shall and may be lawful to and for the said annuitants, or persons intitled to such annuities respectively, and his and their respective executors, admini­strators, and assigns, into the same premises to enter, and to take and receive the rents, issues, and profits thereof to his, her, and their own use and benefit, until thereby or therewith, or otherwise, all arrears of the said annuity or annuities then grown due, or that during such possession shall grow due, and all costs and charges attending such entry upon, and perception of the rents and profits of the same premises, and all da­mages that he, she, or they shall then have sustained by reason of the nonpayment of the said annuity or annuities, or yearly sums, shall be fully satisfied and paid.

And, to the intent that some proper person or persons may be appointed to receive the price or consideration-money to be paid for the said annuities, and to apply and dispose of the money so received, for the purposes of this act, be it further enacted, that it shall and may be lawful to and for the said John Lord Bishop of Durham, or his successors, by any writing or writings under his or their hand, or respective hands, to appoint a treasurer, who shall give such security for the due and faithful execution of his office, as the said Lord Bishop of Durham, or his successors, shall think reasonable; and also to appoint such one or more fit and skilful person or persons (if he or they shall think proper so to do) as may be necessary and proper, either to inspect the works, or to execute any rules, orders, or regulations, to be made or done in pursuance of this act, with such allowances to the treasurer for the time being, and such other person or persons as aforesaid, as by the said John Lord Bishop of Durham, or his successors, and the said trustees, or any three or more of them, shall be judged reasonable, for, and in consideration of his and their employment and service respectively; and likewise, that it shall and may be lawful to and for the said Lord Bishop of Durham, and his successors, from time to time, to remove or discontinue such treasurer, or other person or persons, and appoint another or others in the place of such of them as shall be so removed, or as shall happen to die before the several intents and purposes mentioned in, or intended by this act, shall be completely performed and carried into ex­ecution.

And be it further enacted, that every purchaser of such annuity or annuities as afore­said, his, her, or their assign, upon payment of the consideration or purchase-money for the same, or any part or proportion thereof, into the hands of such treasurer so to be appointed as aforesaid, shall have one or more receipt or receipts, importing the re­ceipt of so much purchase-money as shall be so paid; and upon payment of all the purchase-money for any such annuity or annuities, every contributor, his, her, or their assigns respectively, shall have an order, fairly written upon parchment, for payment of the said annuity or annuities, which order shall be signed by the said trustees, or any three or more of them; and, after signing thereof, the same shall be good, valid, and effectual in the law, according to the purport and true meaning thereof, and of this act.

And be it further enacted, that there shall be provided by the treasurer a book or books, wherein shall be fairly written, in words at length, the names, proper additions, [Page 546] ages, and places of abode, of all persons who shall be purchasers of any of the said annuities, and the names and places of abode of all persons, by whose hands the said purchasers shall pay in any sum or sums of money upon the credit of this act; and also the sum and sums actually paid for the purchase of such annuities, and the respective days of payment thereof; a duplicate of which said book or books shall be delivered to the said receiver-general of the said Lord Bishop of Durham for the time being, who shall enter therein the several payments, from time to time, to the said annuitants, of their assigns, and the respective days when any of the said annuitants shall happen to die; to which book or books it shall and may be lawful, as well to and for the said John Lord Bishop of Durham, and his successors, and the said trustees, as to and for the said respective annuitants, and their assigns, from time to time, and at all sea­sonable times, to have recourse and inspect the same, without see or reward.

And be it further enacted, that it shall and may be lawful to and for any purchaser or purchasers of any such annuity or annuities as aforesaid, and his, her, and their ex­ecutors, administrators, and assigns, at any time or times, by any writing under their respective hands and seals, or by indorsement on the said order, to assign such annuity or annuities to any person or persons whomsoever, and so toties quoties; and a memo­randum or entry of all such assignments shall be made in a book, which is hereby re­quired to be kept for that purpose by the said receiver for the time being, at the charge of the said Lord Bishop of Durham, or his successors; which entry or memorandum shall be made gratis.

Provided always, that no assignment shall be deemed good and effectual, until the same shall be left at the office, in Durham, of the receiver-general for the time being of the said Lord Bishop of Durham, or his successors, in order that such entry or me­morandum may be made of every assignment, in such book as aforesaid.

And, to the end that all and every the sum and sums of money, so to be raised in pursuance of, and upon the credit of this act, may, with all possible expedition, be applied in or towards the rebuilding, improving, or effectually repairing of such part of the said bridge over the river Tyne, as belongs to the see of Durham, and other the purposes of this act, be it further enacted and declared, that it shall and may be lawful to and for the said trustees, or any three or more of them, to receive proposals from, and contract with any person or persons, surveyor, architect, builder, or builders, or with workmen, for the rebuilding, improving, or otherwise effectually repairing of such part of the said bridge over the river Tyne as belongs to the see of Durham; and to make contracts for, or purchase or provide any materials, matters, or things, necessary and proper for the rebuilding, improving, or effectually repairing the same: All which contract or contracts shall be signed and approved of by the said John Lord Bishop of Durham, or his successors, or by such surveyor as the said Lord Bishop of Durham, or his successors, shall appoint; and shall specify the several works to be done, the prices to be paid for the same, and the time or times when the said works shall be completed, and the quantity and quality of the materials to be delivered, and the penalties to be suffered or sustained in case of nonperformance of such contract or con­tracts; and that all and every contract and contracts, so to be made, shall be signed by the said trustees, or any three or more of them, and also by the person or persons so respectively contracting; and all such contracts so to be made, as aforesaid, shall be entered in a book or books, to be kept for that purpose by the treasurer or his clerks; but previous to the making any such contract, twenty-one days notice, at least, shall be given in the London Gazette, expressing the intention of making such contract, in order that any person or persons may, at their election, have an opportunity of sending proposals, under seal, to any of the said trustees, or to any other person to be named in such publick notice for that purpose, or of making such proposals, at a [Page 547] certain time and place in such notice to be mentioned; and it shall and may be lawful to and for the said trustees, to take such security in the name of the treasurer to be from time to time appointed in pursuance of this act, from any person or persons, for the per­formance of any contract or contracts for the purposes aforesaid, as to the said trustees shall seem necessary.

And be it further enacted, that it shall and may be lawful to and for the said trustees, or any three or more of them, and they are hereby directed to cause all and every the works to be done in pursuance of this act to be inspected by such surveyor, or by such other skilful person or persons as the said Lord Bishop of Durham, or his successors, shall, by any writing, direct or appoint: and in case the same shall not be well and sufficiently performed, according to the true intent and meaning of such contract or contracts, or shall not be finished or completed at or within the time or times that the same is or are agreed to be completed; such surveyor, or other person or persons, shall report the same to the said John Lord Bishop of Durham, or his successors, and to the said trustees, or any three or more of them, who shall and may, in their own name or names, or in the names of any two or more of them, or in the name of the treasurer for the time being, to be appointed by the said Lord Bishop of Durham, or his successors, bring an action of debt, or upon the case, in any of his Majesty's courts of record at Westminster, or in the court of pleas at Durham, against any person or persons so contracting and neglecting to perform the same, in the manner, or in the time, set forth in any such contract, for the penalty or penalties which shall be contained in any such contract or security, or for any breach of the covenants or agreements therein respectively to be contained; and the said trustees or treasurer shall be intitled to, and shall recover such penalty or penalties, or damages sustained or occasioned by such breach of covenants or agreements; and the same, when recovered, shall be applied for the purposes of this act.

And be it further enacted and declared, that it shall and may be lawful to and for the said trustees, or any three or more of them, with the approbation, in writing, of the said Lord Bishop of Durham, or his successors, from time to time, according to the best of their judgment, and without partiality, to compound for and agree with any such person or persons so contracting, and who shall so neglect to perform the contract in manner, or within the time, therein expressed, for any penalty or penalties con­tained in any contract or contracts, security or securities, or damages, for such sum or sums of money as the said John Lord Bishop of Durham, or his successors, and the said trustees, or any three or more of them, shall think reasonable.

And be it further enacted, that the treasurer for the time being, so to be appointed as aforesaid, shall, from time to time, by and out of the money which shall come to his or their hands, or be received by him or them in pursuance of this act, pay, by instal­ments, or otherwise, as in any such contract or contracts shall be expressed, all such sum and sums of money as shall therein respectively be stipulated or agreed to be paid for the due performance, or in respect of any of the works or repairs to be made or done in pursuance of this act, or in anywise relating thereto; and all such other charges and expences as shall be necessarily incurred by, or anyways relate to the execution of the trusts reposed, or to be reposed in the said trustees, by or in pursuance of this act; and in case any surplus shall remain in the hands of the said treasurer for the time being, after the said one-third part of the said bridge, so belonging to the said see of Durham as aforesaid, shall be rebuilt, improved, or effectually repaired, the same shall be charged with, and shall be applied in and towards the payment of the said annuities.

And be it further enacted, that all the costs, charges, and expences incident to, or attending the obtaining and passing this act, shall be paid and discharged out of the first [Page 548] monies which shall be received by the treasurer so to be appointed as aforesaid, and by virtue or in pursuance of this act.

And be it further enacted, that this act shall be deemed and taken to be a publick act; and shall be judicially taken notice of as such by all judges and justices, and other persons whomsoever, without specially pleading the same.

APPENDIX, P. 51. Anno duodecimo Georgii III. Regis. An Act for building a temporary bridge over the river Tyne, between the town of Newcastle upon Tyne and Gateshead, in the county of Durham.

WHEREAS great part of the stone bridge over the river Tyne, at Newcastle upon Tyne, was destroyed by the violence of a most extraordinary flood on the se­venteenth day of November, one thousand seven hundred and seventy-one, and thereby the principal passage from the northern to the southern parts of this kingdom is in a great measure obstructed: and whereas it will be of great publick utility that a temporary bridge be erected over the river Tyne, between the town of Newcastle upon Tyne and Gateshead, in the county of Durham, to have continuance as herein-after is mentioned: and whereas the mayor, aldermen, and common council of the town of Newcastle upon Tyne, in the county of the town of Newcastle upon Tyne aforesaid, in common council assembled, have proposed, and are willing to expend and lay out the sum of two thousand four hundred pounds of the monies of the corporation of Newcastle upon Tyne aforesaid, in, or towards the expence of building such temporary bridge, and purchasing houses and ground in the town of Newcastle upon Tyne, and in the parish of Gateshead aforesaid, for making a road to such temporary bridge, and for more con­veniently building the same; may it therefore please your Majesty that it may be en­acted; and be it enacted, 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 same, that the mayor, aldermen, and common council of the town of Newcastle upon Tyne, in the county of the town of Newcastle upon Tyne, in common council assembled, shall have full power and autho­rity, and they are hereby authorised and impowered, to design, direct, order, and build the said temporary bridge, and maintain, preserve, and support the same, when built; and for that purpose to appoint a committee, from time to time, to manage and transact such matters as they may find necessary; which committee so to be appointed shall have such powers and authorities as shall, from time to time, be delegated or given to them by the said mayor, aldermen, and common council, in common council assembled, or such general powers as by this act are given and granted to the said committee.

Provided nevertheless, and be it further enacted by the authority aforesaid, that no person concerned in building, or dealing in any materials for building, shall be eligible, or capable of acting as a member of any committee that shall or may be appointed or thought necessary to manage or conduct the work of the said intended temporary bridge, [Page 549] or any part thereof; neither shall any person be eligible or capable of acting as a mem­ber of such committee during such time as he shall have or execute any office or place of profit by or under the authority of this act, or during such time as he shall have any share or interest in any contract or agreement for effecting the purposes aforesaid, or have or hold any place or employment under the mayor or burgesses of the said town of Newcastle upon Tyne.

And be it further enacted by the authority aforesaid, that the said temporary bridge shall be built contiguous to, or as near to the late stone bridge as the same can conve­niently be done, without prejudice to the building of a new bridge, or the repairing the said late bridge; and the same shall be so constructed and built as that there shall re­main a free and open passage for the water through the arches thereof, or passages under the same, corresponding with, and in all respects equal to the several passages for the water through the several arches of the late stone bridge.

And be it further enacted by the authority aforesaid, that it shall not be lawful to erect any house or building upon the said temporary bridge, other than such gates and toll-houses as by the said mayor, aldermen, and common council, in common council as­sembled, shall be ordered or directed.

And be it further enacted by the authority aforesaid, that the said temporary bridge shall continue only for, and during, and unto the full end and term of seven years, from the twenty-fourth day of June, one thousand seven hundred and seventy-two.

Provided always nevertheless, that in case a new stone bridge shall be built, or the old stone bridge shall be effectually repaired, before the end and expiration of the said term, that then, and from thenceforth, and as soon as conveniently may be after such new stone bridge shall be built, or the old stone bridge effectually repaired, the said temporary bridge shall be taken away, and the remainder of the said term shall cease, determine, and be void; any thing in this act contained to the contrary notwithstanding.

And, for the preventing wilful and malicious damaging or destroying the said tempo­rary bridge, or any part thereof, or hindering or interrupting the building of the same, be it further enacted by the authority aforesaid, that if any person or persons shall wil­fully and maliciously blow up, pull down, or destroy the said temporary bridge, or any part thereof; or unlawfully, and without authority from the said mayor, aldermen, and common council, in common council assembled, remove or take away any works thereto belonging, or in anywise direct, or procure the same to be done, whereby the said temporary bridge, or the works thereof, may be damaged, or the lives of the pas­sengers over or under the same endangered, such offender or offenders, being thereof lawfully convicted, shall be adjudged guilty of felony, and be transported as a felon.

And whereas, in order to make a way or passage to and from the said temporary bridge on both sides of the said river Tyne, and also in order to construct the said temporary bridge conveniently, it may be necessary to purchase certain houses, buildings, and ground, adjoining on each side of the said river Tyne, and also on the north side of a street, called Pipewell-Gate, near to or adjoining the site of the old stone bridge, in the said parish of Gateshead, and also one or more houses or shops now remaining upon part of the late stone bridge, and to pull down and remove such houses and shops respectively; be it therefore further enacted by the authority aforesaid, that the said mayor, aldermen, and common council, in common council assembled, shall have full power and autho­rity to treat, contract, and agree with the owners, proprietors and occupiers of, and other persons interested in, such of the said houses or shops as they shall judge sit to be purchased, removed, or pulled down, for the purchase thereof, or of any part thereof, or for their interest therein, and, upon the payment of such sum or sums of money a [...] shall be agreed upon for such purchase, are hereby authorised to appoint workmen to pull down such houses for the purposes aforesaid; and this act shall be sufficient to in­demnify [Page 550] the said mayor, aldermen, and common council, and all persons authorised by them, against the heirs, executors, administrators or assigns, of any of the said owners, proprietors, or occupiers, as if the same had been sold by deed of feoffment, bargain and sale inrolled, assignment, or other assurance in the law whatsoever.

And be it further enacted by the authority aforesaid, that the justices of the peace and commissioners of the land-tax for the county of Durham, and the justices of the peace and commissioners of the land-tax for the said town and county of Newcastle upon Tyne, or any five or more of such justices of the peace and commissioners together assembled, in such manner as is herein-after mentioned, shall be, and they are hereby constituted and appointed commissioners respectively for settling, determining, and adjusting all differences which shall happen to arise in each of their respective counties between the said mayor, aldermen, and common council, and all and every person or persons, touching and concerning the recompense and satisfaction to be made to them, or any of them, for any ground, houses, buildings, or shops; and to adjust and settle what satisfaction every tenant or other person, having a term or interest in any of the said pre­mises, shall have or receive for his, her, or their respective interest, and any damages, he, she, or they shall sustain by, or upon account of giving up to the said mayor, al­dermen, and common council, the possession of any part of the said premises before the expiration of his, her, or their term therein.

And be it further enacted by the authority aforesaid, that if any such owner, proprie­tor, or occupier, or other person or persons interested in any such ground, houses, buildings or shops, upon fourteen days notice to him, her, or them given, or left in writing, at the dwelling-house or houses, or place or places of abode of such person or persons, shall neglect or refuse to treat, or shall not agree with the said mayor, alder­men, and common council, in common council assembled, or with the person or per­sons so authorised by them, for the purchase of any ground, houses, buildings, or shops, or for their interest therein, or through disability, by reason of nonage, coverture, estate tail, or other impediment whatsoever, cannot make an effectual or valid agree­ment, or by reason of absence shall be prevented from treating as aforesaid; then, and in every or any such case, the said respective commissioners hereby appointed, or any five or more of them, shall cause it to be inquired into and ascertained by and upon the oaths of a jury of twelve indifferent men, what damages will be sustained by, and what recompense and satisfaction shall be made to such owners, occupiers, or proprietors of, or other person or persons respectively interested in any such houses, buildings, shops, or ground; and in order thereto, the said respective commissioners, or any five or more of them, are hereby impowered, authorised, and required, from time to time, to issue their warrant or warrants, precept or precepts, directed to the sheriff of the county, or town and county respectively, in which the matter in dispute shall lie, thereby requiring him to impa­nel, summon, and return a number of substantial and disinterested persons, inhabitants of such respective county, or town and county, qualified to serve on juries, not less than forty-eight, nor more than seventy-two, which persons such sheriff, or his deputy or deputies, is and are hereby required to impanel, summon, and return accordingly; and out of such persons so to be impanelled, summoned and returned, or out of such of them as shall appear according to, or upon such summons, a jury of twelve shall be drawn by such commissioners, or any five or more of them, or some person to be by them, or any five or more of them, appointed, in such manner as juries for the trial of issues joined in his majesty's courts at Westminster, by an act passed in the third year of his late ma­jesty, intituled, An Act for the better Regulation of Juries, are directed to be drawn; which persons so to be impanelled, summoned, and returned, are hereby required to appear before the said respective commissioners, or any five or more of them, at such time and place as in such warrant or warrants, precept or precepts, shall be directed [Page 551] and appointed (of which time and place all parties interested shall have fourteen days notice given or left as aforesaid), and to attend them from day to day, till they shall be dis­charged by such commissioners, or any five or more of them; and all parties concerned shall and may have their lawful challenges against any of the said jurymen, but shall not be at liberty to challenge the array for affinity, or any other cause whatsoever: and the said respective commissioners, or any five or more of them, are hereby authorised and impowered, by precept or precepts, under their hands, from time to time, as occasion shall require, to call before them any person or persons, in order to be examined as a witness or witnesses, upon oath, before the said commissioners, or any five or more of them, or such jury, touching and concerning the premises; and such commissioners, or any five or more of them, if they shall think fit, shall and may cause the said jury to view the place or places in question, and shall have power to adjourn such meeting, from day to day as occasion shall require, and to require such jury, witnesses and par­ties, to attend until all the matters for which they were summoned shall be concluded; and the said jury upon their oaths (which oaths, as also the oaths to such person or per­sons as shall be called upon to give evidence, the said respective commissioners, or any one or more of them, is and are hereby impowered and required to administer) shall in­quire touching the value of such houses, shops, buildings, and ground, and of the re­spective estate and interest of all persons seized or possessed of, or interested therein, or of or in any part thereof, and of the damages which shall or may be sustained by any tenant or tenants, occupier or occupiers thereof, by reason or on account of giving up to the said mayor, aldermen, and common council, the possession thereof; and shall assess the sum or sums to be paid to every such person or persons for such their estates and interests, and as a recompense and satisfaction for the damages they shall sustain as aforesaid; and the said respective commissioners, or any five or more of them, shall give judgment for such sum or sums of money so to be assessed; and the verdicts or in­quisitions of such respective juries, and the judgments, orders, or decrees thereupon, shall be final, binding and conclusive, to all intents and purposes whatsoever, against all parties or persons whomsoever claiming any estate, right, title, trust, use, or interest in, to, or out of such houses, shops, buildings, or ground, either in possession, reversion, remainder, expectancy, or otherwise; and all and every person and persons interested in such houses, shops, buildings, and ground, shall thereby, after payment, or tender, and refusal or neglect, in manner as herein-after mentioned, be from thenceforth, to all intents and purposes, divested of all right, claim, interest, or property of, in, to, or out of the same; and a transcript of all such verdicts or inquisitions, and judgments, orders, or decrees, and all other proceedings of the said respective commissioners and juries so to be made, given, and pronounced as aforesaid, shall be fairly written on parchment, signed and sealed by five or more of the commissioners making and pro­nouncing the same, and shall be forthwith transmitted to the clerk of the peace of the county of Durham, in case such judgment or decree shall be made in the county of Durham, or to the town-clerk of the said town and county of Newcastle upon Tyne, in case such judgment or decree shall be made in the town and county of Newcastle upon Tyne, to be carefully preserved amongst the records of the said county, or town and county; and the said transcripts, or true copies thereof, signed, and proved to be signed, by the said clerk of the peace, or town-clerk, shall be deemed good and effectual evi­dence in any court of law or equity whatsoever; and all persons may have recourse to the same gratis, and take copies thereof, paying for every copy not exceeding the sum of sixpence for every two hundred words, and so proportionably for any greater number of words: and upon payment of the sum or sums of money so assessed by such juries, and adjudged or decreed by such respective commissioners, to the party or parties con­cerned and intitled thereto as aforesaid, or to their agents, or legal tender thereof made [Page 552] to him, her, or them, and refusal to accept the same, or in case any such person or per­sons, after fourteen days notice given to him, her, or them, or left at the house of the occupier of the premises, shall refuse or neglect to receive the same, then, upon pay­ment thereof into the hands of such person or persons as the said respective commission­ers, or any five or more of them, shall by any writing under their hands appoint, for the use of the party or parties interested as aforesaid, and to be paid upon demand to him, her, or them, or to his, her, or their agent or agents, it shall and may be lawful to and for the said mayor, aldermen, and common council, their successors and assigns, to enter into and upon, and to have, hold, use, and enjoy such houses, shops, build­ings, and ground, to and for their own use and benefit, and to and for their agents, workmen, and servants, to pull down and remove such houses, buildings, and shops, and to make use of the place where the same stood, and also the ground so to be pur­chased, for the purposes of this act: and this act shall be sufficient to indemnify, as well the said commissioners as the said mayor, aldermen, and common council, their succes­sors, and assigns, and all and every person and persons by them, or any of them, autho­rised and impowered therein, or acting under them respectively, against such owners, proprietors, occupiers, and persons interested, their heirs, executors, administrators, and assigns, to all intents and purposes whatsoever.

And be it further enacted, that in case of any default of a sufficient number of jury­men to be sworn for the purposes of this act, the said respective sheriff or his deputy shall return other honest and indifferent men of the standers-by, or that can be speedily procured, to attend that service, as shall be necessary to make up the number of twelve to serve on such jury; and that all persons concerned shall, from time to time, have their lawful challenges as aforesaid, against any such jurymen when they come to be sworn; and that the said respective commissioners, or any five or more of them, acting in the premises, shall have full power, from time to time, to impose any reasonable fine or fines on such sheriff, his and their deputy or deputies, bailiffs or agents respectively, making default in the premises, or upon any person or persons who shall be summoned and returned on any such juries, and shall not appear, or who shall refuse to be sworn on the said jury or juries, or being so sworn, shall not give his or their verdict, or in any other manner wilfully neglect his or their duty in the premises, contrary to the true in­tent and meaning of this act; and likewise upon such person or persons summoned as aforesaid to give evidence, who shall neglect or refuse to appear at such time or times, place or places, as shall be appointed for that purpose as aforesaid, or appearing, shall refuse to be sworn, or to give evidence, or to be examined by or before the said respec­tive commissioners, or any five or more of them; and from time to time to levy such fine or fines by distress and sale of the goods and chattels of any person or person of­fending in any of the matters or things aforesaid, by warrant or warrants under the hands and seals of such five or more of the acting commissioners, to be directed to the con­stable or other peace officer of the township, parish, or place where such off [...]nder or of­fenders shall live; which constable or other peace officer is hereby required to execute the same, so as that no such fine exceed the sum of forty shillings; which fine or fines shall be forthwith paid into the hand or hands of the overseer or overseers of the poor of the respective parish where such fine or fines shall be imposed, to and for the use of the poor thereof.

And be it further enacted by the authority aforesaid, that the ground to be purchased in pursuance of this act, on the north side of the said street, called Pipewell-Gate, in the parish of Gateshead aforesaid, for the making a way or passage to and from the said temporary bridge on the south side of the said river Tyne, or so much and such part and parts of such ground as shall be necessary for the purpose of making a commodious, [Page 553] free, and open passage to a new stone bridge, when the same bridge shall be built, shall, for ever after the building of such new stone bridge, remain, continue, and be for the use of the publick, for the purpose aforesaid.

Provided always, that no person or persons whomsoever shall sit or act as a commis­sioner or commissioners, in any case where he or they is or are in anywise directly or in­directly interested or concerned, of or in the matter or matters in question; n [...] shall any person whomsoever be sworn to serve on any jury, or be examined as a witness, where he or she is in any wise directly or indirectly interested in any matter in question.

And be it further enacted, that no meeting shall be held by the said commissioners for the said county of Durham, or any five or more of them, at any place but in the town or borough of Gateshead, and no meeting shall be held by the said commissioners for the said town and county of Newcastle upon Tyne, at any place but in the town of Newcastle aforesaid.

And forasmuch as the erecting and building the temporary bridge before-mentioned, and repairing, preserving, and supporting the same, and making roads thereto on each side of the said river Tyne, and particularly from the east end of the said street, called Pipewell-Gate in Gateshead aforesaid, and the purchasing such ground, houses, and shops respectively, as aforesaid, and the obtaining and passing of this act, may be at­tended with a considerable charge and expence more than the said sum of two thousand four hundred pounds; be it enacted by the authority aforesaid, that for reimbursing the said mayor, aldermen, and common council, all such sum and sums as by them shall be laid out and expended for the purpose aforesaid, over and above the said sum of two thousand four hundred pounds, it shall and may be lawful to and for the said mayor, aldermen, and common council, and they are hereby authorised and impowered to take and receive, or cause to be taken and received, in the nature of a toll, for passage over the said temporary bridge, any sum which, by the justices of the peace and commissioners of the land-tax herein-after mentioned, assembled as herein-after mentioned, shall be directed to be taken, not exceeding the whole, nor less than one-half of the following rates, that is to say,

For every coach, chariot, landau, berlin, chaise, calash, or hearse, drawn by six horses, mares, or geldings, the sum of two shillings:

For every coach, chariot, landau, berlin, chaise, calash, or hearse, drawn by four horses, mares, or geldings, the sum of one shilling and six-pence:

For every coach, chariot, landau, berlin, chaise, calash, chair, or hearse, drawn by two horses, mares, or geldings, the sum of one shilling:

For every coach, calash, chaise or chair, drawn by one horse, mare, or gelding, the [...]um of six-pence:

For every wain, dray, cart, or carriage, drawn by four horses, oxen, or beasts of draught, and laden with any kind of goods (except coals), the sum of eight-pence:

For every wain, dray, cart, or carriage, drawn by three horses, oxen, or beasts of draught, and laden with any kind of goods (except coals), the sum of six-pence:

For every wain, dray, cart, or carriage, drawn by two horses, oxen, or beasts of draught, and laden with any kind of goods (except coals), the sum of four-pence:

For every wain, dray, cart, or carriage, drawn by one horse, ox, or beast of draught, and laden with any kind of goods (except coals), the sum of two-pence:

For every empty waggon, drawn by any number of horses, the sum of sixpence.

For every loaded barrow or fledge, drawn by men, the sum of one penny:

For every wain, cart, or carriage, drawn by four horses, oxen, or beasts of draught, and laden with coals, the sum of four-pence:

[Page 554]For every wain, cart, or carriage, drawn by three horses, oxen, or beasts of draught, and laden with coals, the sum of three-pence:

For every wain, cart, or carriage, drawn by two horses, oxen, or beasts of draught, and laden with coals, the sum of two-pence:

For every wain, cart, or carriage, drawn by one horse or beast of draught, and laden with coals, the sum of one penny:

For every horse, mare, gelding, mule, or ass, laden with any kind of goods (ex­cept coals), or unladen and not drawing, the sum of one penny:

For every horse, mare, gelding, mule, or ass, laden with coals, the sum of one halfpenny:

For every drove of oxen, cows, or neat cattle, the sum of five-pence per score, and so in proportion for any greater or lesser number:

For every drove of calves, swine, sheep, or lambs, the sum of two-pence halfpenny per score, and so in proportion for any greater or less number.

And the said mayor, aldermen, and common council, in common council assembled, are hereby impowered, by any person or persons by them thereto authorised as herein-after mentioned, to levy the tolls or duties hereby required to be paid upon any person or persons who shall, after demand thereof made, neglect or refuse to pay the same, as aforesaid, or to deny or hinder any passage over the said bridge, until payment thereof; which said tolls or duties shall and may be levied by distress of any horse or horses, or other cattle or goods, upon which such tolls or duties are by this act imposed, or upon any other of the goods and chattels of such person or persons as ought to pay the same; and all such horses or other cattle or goods may be detained until such tolls or duties, with the reasonable charges of such distress, shall be paid; and it shall be lawful for the person or persons so distraining, after the space of four days after such distress made or taken, to sell the cattle or other goods or chattels so distrained, for payment of the said tolls or duties, rendering to the owner or owners thereof the overplus, upon de­mand, after satisfaction of the said tolls or duties, and the reasonable charges in and about making and keeping such distress and sale: but when any person or persons shall have paid the toll by this act granted for the passage of any cattle, beast, or car­riage, over the said temporary bridge, the same person or persons, upon producing a ticket denoting such payment, shall be permitted to pass over the said bridge with the same cattle, beast, or carriage, toll-free, at any time or times during the same day, to be computed from twelve of the clock in one night, to twelve of the clock in the next night; which said ticket the collector of the tolls is hereby required to give gratis, upon receipt of the toll.

And be it enacted by the authority aforesaid, that the said mayor, aldermen, and common council, in common council assembled, shall, twice in every year, that is to say, in the first week of January and the first week of July, cause just and fair ac­counts, in writing, to be made and lodged in the office of the town-clerk of Newcastle upon Tyne, of all and every sum and sums of money by them expended, and from time to time paid in the building of the said temporary bridge, and repairing, pre­serving, and supporting the same, and making roads thereto, as herein-before is men­tioned, and making such purchases in the parish of Gateshead as aforesaid, and obtain­ing and passing this act; and that before any tell shall be taken for passage over the said temporary bridge, the said mayor, aldermen, and common council, in common council assembled, shall cause fourteen days notice at least to be given, in one of the Newcastle news papers, of a meeting to be held in the mayor's chamber in Newcastle upon Tyne aforesaid, of the justices of the peace and commissioners of the land-tax for the said county of Durham, and town and county of Newcastle upon Tyne, and [Page 555] the county of Northumberland respectively, for the purpose of examining the accounts of the expences of the said mayor, aldermen, and common council, as aforesaid; at which meeting all and every the accounts herein-before directed to be lodged in the town-clerk's office as aforesaid, shall be laid before the said justices of the peace and com­missioners of the land-tax, present at such meeting, and such tolls only as by the ma­jority of the said justices of the peace and commissioners of the land-tax, present at such meeting, shall be ordered and directed, shall be taken and received for passage over the said temporary bridge, not exceeding the whole, nor less than one-half of the rates herein-before mentioned; and during such there as any such tolls shall be taken, the said mayor, aldermen, and common council shall, twice in every year (that is to say), in the first week of January, and the first week of July, as aforesaid, cause just and fair accounts in writing, to be made out and lodged in the said town-clerk's office, of all and every sum and sums of money which shall have been taken and received for passage over the said temporary bridge, to the time of making out every such account, and of all disbursements and expences attending the taking, receiving, and collecting the said tolls; and the said mayor, aldermen, and common council, in common council assem­bled, shall cause fourteen days notice at least to be given, in one of the Newcastle news­papers, of a meeting to be held in the mayor's chamber, in Newcastle upon Tyne aforesaid, of the justices of the peace and commissioners of the land-tax for the said county of Durham and town and county of Newcastle upon Tyne, and the county of Northumberland respectively, for the purpose of examining the said last-mentioned ac­counts.

And to the end the said tolls and duties may be duly accounted for, be it further en­acted by the authority aforesaid, that it shall and may be lawful to and for the said mayor, aldermen, and common council, in common council assembled, to nominate and appoint such person or persons to be receiver or receivers, collector or collectors, of the said tolls and duties, as they shall think fit; and all persons by this act liable to pay the said tolls or duties, or any of them, are hereby required to pay the same after the rates aforesaid to such receiver or receivers, collector or collectors aforesaid; and all such receivers and collectors shall respectively pay the same into the hands of the cham­ber-clerk of the said town of Newcastle upon Tyne, and shall also upon oath, if there­unto required by the said mayor, aldermen, and common council (which [...]ath any jus­tice of the peace for the said town and county of Newcastle upon Tyne is hereby impowered to administer), from time to time give in a true, exa [...]t, and perfect account in writing, under their respective hands, of all monies which they and every or any of them shall to such time have received, paid, and disbursed by virtue of this [...], or by reason of their respective offices, for which oath no see or re [...]ard shall be taken, and the same may be taken without any stamp; and in case any such receiver or receivers, collector or collectors, of the said tolls and duties, or any of them, shall not make such account and payment as by this act is directed, then any justice or justices of the peace for the said town and county of Newcastle upon Tyne shall commit such party or parties [...]ing or neglecting so to do, to his Majesty's gaol for the said town and county of Newcastle upon Tyne, there to remain till he or they shall have made a true account and payment as aforesaid, or compounded for the same with the said mayor, aldermen, and common council, and paid the money by every such composition stipulated to [...] paid; which composition the said mayor, aldermen, and common council, are [...] authorised, from time to time, to make and receive, if they shall so think fit, a full satisfaction for all money that shall be then due from such person or persons re­spectively.

Provided always, and be it further enacted, that no loaded waggon, wa [...], dray, or [Page 556] cart, drawn by more than four horses or other cattle, shall at any time be permitted to pass over the said temporary bridge.

And be it further enacted by the authority aforesaid, that the tolls and duties which shall be payable by virtue of this act, shall be payable and have continuance only until the said mayor, aldermen, and common council, shall have been reimbursed all such sum and sums of money as shall from time to time be by them laid out and expended for the purposes aforesaid, over and above the said sum of two thousand four hundred pounds.

Provided always, and be it further enacted, that the said mayor, aldermen, and common council, shall not be allowed any recompense or satisfaction whatsoever for any sum or sums of money to be by them laid out or expended in the purchasing of any houses or shops situate within the town and county of Newcastle upon Tyne, or the liber­ties thereof.

Provided also, and be it further enacted, that if at any time or times, after discon­tinuing the tolls and duties payable by this act, the said mayor, aldermen, and com­mon council, shall be put to any further charge and expence in maintaining, preserv­ing, supporting, and repairing the said temporary bridge, then, and in every such case, and from time to time as it shall so happen, the said mayor, aldermen, and common council, shall cause fourteen days notice at least to be given in one of the New­castle news-papers of a meeting of the justices of the peace and commissioners of the land-tax for the said county of Durham and town and county of Newcastle upon Tyne, and county of Northumberland respectively, to be held in the mayor's chamber in New­castle upon Tyne aforesaid, for the purposes of examining the accounts of the said mayor, aldermen, and common council, concerning the said temporary bridge, and the maintaining, preserving, supporting, and repairing the same; at which meeting all and every the accounts herein-before directed to be lodged in the said town-clerk's office shall be laid before the said justices of the peace and commissioners of the land-tax present at such meeting, who, or the majority of them, shall then order and direct such tolls to be again received and taken for passage over the said temporary bridge as they shall think fit or deem necessary for the reimbursing such further charges and ex­pences, not exceeding the whole nor less than half of the rates aforesaid; and there­upon it shall and may be lawful to and for the said mayor, aldermen, and common council, again to take and receive, or cause to be taken and received, the said tolls and duties to be ordered and directed as last mentioned, until they shall have been reimbursed all [...]uch sums of money as they shall expend and lay out in such further charges and ex­pences, as last mentioned.

Provided always, and be it further enacted by the authority aforesaid, that if it shall be found necessary at any time or times to raise or lower the tolls so as aforesaid to be ordered or directed to be taken, in order to answer the purposes of this act, then and in every such case it shall and may be lawful to and for the said mayor, aldermen, and common council, in common council assembled, to cause fourteen days notice to be given as aforesaid of a meeting to be held in the said mayor's chamber in Newcastle upon Tyne aforesaid, of the justices of the peace and commissioners of the land-tax for the said county of Durham and the town and county of Newcastle upon Tyne, and county of Northumberland, for the purpose of raising or lowering the said tolls; and in every such case the said tolls shall and may be raised or lowered according to the direction of the majority of the said justices of the peace and commissioners of the land-tax, as­sembled at such meeting, so as not to exceed the whole, nor less than one-half, of the respective sums first herein-before mentioned, as toll for passing over the said temporary bridge.

Provided always, and it is hereby further enacted, that nothing in this act containes [Page 557] shall extend, or be construed to extend, to prejudice, or take away any right, toll, or duty whatsoever, which the mayor and burgesses of the town and county of Newcastle upon Tyne have, or are intitled to take and receive at the several entrances into the said town, or any toll or duty which the said mayor and burgesses hold by lease or grant under the Lord Bishop of Durham.

And be it enacted by the authority aforesaid, that if any action shall be brought, or suit commenced, against any person or persons for any thing done in pursuance of this act, or in relation to the premises, or any of them, every such actions or suits shall be laid or brought within six calendar months next after the fact done, and shall be laid or brought in the town and county of Newcastle upon Tyne, or county of Durham, where the matter shall arise, and not elsewhere; and the defendant or defendants in such action may plead the general issue, and give this act, and the special matter, in evi­dence, at any trial to be had thereupon, and that the same was done in pursuance and by authority of this act: and if the same shall appear to have been so done, or if any such action or suit shall not be brought within the time before limited, or shall be brought in any other city, county, or place, than as aforesaid; then the jury shall find for the defendant or defendants; or if the plaintiff or plaintiffs shall become nonsuited, or suffer a discontinuance of his, her, or their action or actions; or if a verdict shall pass against the plaintiff or plaintiffs; or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs; the said defendants shall have treble costs, and shall have such re­medy for recovering the same as any defendant or defendants hath or have for costs in other cases by law.

And it is hereby declared, that this act shall be a publick act; and shall be deemed and taken notice of as such by all judges, justices, and others, in all courts and places, without specially pleading the same.

APPENDIX, P. 52. (No. 1.) Anno decimo nono Georgii III. Regis. An Act for enlarging the term of an act, passed in the twelfth year of his present Majesty's reign, for building a temporary bridge over the river Tyne, between the town of New castle upon Tyne and Gateshead, in the county of Durham; for completing the new stone bridge over the said river; and for making the avenues to, and the passage over the same more commodious.

WHEREAS the ancient stone bridge extending across the river Tyne, between the town and county of the town of Newcastle upon Tyne, and the town of Gateshead, in the county of Durham, wa [...], in November, one thousand seven hundred and seventy-one, by the violence and rapidity of a most extraordinary stood, very much damaged, broken down in several places, and rendered utterly impassable: and there [...] one third part of the bridge between the said towns belong to the se [...] of Durham, and the other two third parts to the corporation of Ne [...]castle: and whereas, in the twelfth year of the reign of his present [...] [...]n act was passed for building a temporary bridge over the said river; and [...] Newcastle having proposed to exp [...]nd [Page 558] the sum of two thousand four hundred pounds of their own money towards the expence of building such temporary bridge, and purchasing houses and ground in Newcastle and Gateshead aforesaid, for making a road to such temporary bridge, power was given to the mayor, aldermen, and common council, of the said town and county to build the said bridge, and maintain and support the same when built, and for that purpose to ap­point a committee to transact such matters as they might find necessary: and whereas by the said act it was enacted, that the said temporary bridge should continue only for the term of seven years, from the twenty-fourth day of June, one thousand seven hundred and seventy-two; and that for reimbursing the said mayor, aldermen, and common council, all such sums as by them should be laid out for the purposes in the said act mentioned, over and above the said sum of two thousand four hundred pounds, it should be lawful for them to take certain tolls for passage over the said temporary bridge: and whereas it was apprehended, at the time of passing the said act, that a new stone bridge might be built, or the old stone bridge effectually repaired, in less time than seven years from the said twenty-fourth day of June; but it having since been sound necessary to take down four arches of that part of the said bridge which belongs to the said cor­poration (which at the time of passing the said act were deemed sit to be left standing), the building of the new stone bridge has been retarded, and the same cannot be com­pleted in less than three years from this time: and whereas, when the old stone bridge was destroyed by a flood as before mentioned, there were standing on that part thereof which belongs to the corporation of Newcastle, divers houses, shops, and other build­ings, which greatly incommoded the passage along the said bridge; all which have been purchased by the said corporation at a very considerable expence, in order to prevent the publick being incommoded thereby; and whereas the Lord Bishop of Durham, and the said corporation, have respectively proceeded to build a new stone bridge in the place where the old bridge stood; and the said corporation had, on the twenty-ninth day of December, one thousand seven hundred and seventy-eight, expended of their own proper money in building their part of the same, the sum of twenty-one thousand and forty-two pounds, sixteen shillings, and eleven-pence, including one thousand eight hundred and thirty-eight pounds, nine shillings, and eight-pence, the price of the buildings on the old bridge; and have, since that time, incurred further expences in carrying on the same: and whereas, upon a moderate computation, the said corporation must expend the further sum of ten thousand pounds in completing that part of the said bridge which belongs to them: and whereas the said corporation had expended, on the said twenty-ninth day of December, one thousand seven hundred and seventy-eight, over and above the said sum of two thousand four hundred pounds, in and about the purposes of the said recited act, for building a temporary bridge, the sum of three hundred and twenty-one pounds, eighteen shillings, and nine-pence, more than the tolls taken upon the said temporary bridge had produced; and it is apprehended that the tolls taken, and to be taken thereupon, from the twenty-seventh day of December, one thousand seven hundred and seventy eight, to the twenty-fourth day of June, one thousand seven hundred and seventy-nine, and not produce so much money a will be sufficient to reimburse the said corporation the said sum of three hundred and twenty-one pounds, eighteen shillings, and nine-pence, and the necessary expences of repair­ing, preserving, and supporting, the said temporary bridge to the said twenty-fourth day of June: and whereas the said temporary bridge is liable to great damage from floods and ice in the river, and also from keels loaded with coals passing through the same; and it will be of publick utility that the same temporary bridge should be sup­ported till the said new stone bridge shall be built: and whereas, at the time the said bridge was destroyed by a flood, there were standing on that part thereof which belong, to the see of Durham, divers houses, shops, and other buildings, which greatly incom­moded [Page 559] the passage over the same: and whereas the avenue and passage to the said new bridge, at both ends thereof, are the same as were to the old bridge, and are very nar­row; and it would be of publick utility to open more convenient avenues and passages thereto; and also if the see of Durham was restrained from erecting, or permitting to be erected, any houses, shops, or other buildings, on that part of the said new-bridge which belongs to the said see: may it therefore please your Majesty that it may be enacted; and be it enacted 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 same, that, from and after the twenty-fourth day of June, one thousand seven hundred and seventy-nine, Sir Lancelot All-good, James Allgood, Gawen Aynsley, Andrew Armstrong, clerk, R Alnwick, William Atkinson, John Askew, Henry Atkinson, John Atkinson, John Atkinson of Gateshead, Joseph Addison, Ralph Atkinson, Giles Alcock, Alexander Adams, Tho­mas Adams, Edward Anderson of Newcastle, Charles Atkinson, William Anderson, Bartholomew Anderson, George Anderson, John Anderson, John Andrew, Henry Askew, David Akenhead, Thomas Anderson, Cuthbert Adamson, William Ambler, William Archer, James Allan, Jonathan Airey, Henry Airey, Michael Atkinson, Jo­seph Airey, James Atkinson, William Ainsley, the honourable George Bennett, the honourable William Byron, clerk, Sir Edward Blackett, baronet, Sir Thomas Blackett, baronet, Sir Francis Blake, baronet, Andrew Robinson Bowes, Ralph Bates, George Baker, William Bainbridge of Riding, John Brand, William Barnup, Thomas Bon­ner, Bryan Burrell of Broom-Park, George Baker, John Baker of West-Denton, Mat­thew Bell of Wissington, Matthew Bell, junior, John Bell, Martin Barber, J. Barber, Wilson Bewick, clerk, John Blacket of Wytam, Calverly Bewick of Close-House, Thomas Charles Bigge of Benton, Francis Blake, John Bate of Whitehouse, Charles Brandling of Gasforth-House, the reverend Thomas Bates, D. D. Charles Bayles, Christopher Blackett, John Bigg, Bannister Bayles of Steel-Hall, Christopher Bell of Hexham, the reverend George Busby, clerk, Richard Brown of Corbridge, John Beck­with of Snows-Green, John Erasmus Blacket, Henry Blackett, clerk, Richard Burdon, John Boulby, Richard Blenkinsopp, Ralph Brown, Smith Burke, Rowland Burdon, Job Bulman, Thomas Bowker, Samuel Brewster, Thomas Brewster, Rowland Burdon, junior, James Brack, William Boak, William Bacon, Thomas Barkire, James Barras, William Beckinson, Joseph Bulman, John Burdon, the rector of Bowden for the time being, Jonathan Branfoot, clerk, Thomas Byres of Newbattle, Peter Bawlby, Charles Browne, M. D. Thomas Bigge, Sir Thomas Clavering, baronet, Sir Blackston Con­vers, baronet, Percival Clennell of Harbottle, Edward Collingwood of Chirton, Ed­ward Collingwood, junior, Henry Collingwood, John Colville, John Blenkinsop Coul­son of Jesmond, the reverend Slaughter Clarke, William Charlton of Lee-Hall, Natha­niel Clayton, Nathaniel Clayton, junior, Nathaniel Clayton, clerk, John Chicken of Alnwick, George Colpitts of Killingworth, Ralph Clarke of North-Shields, George Clavering, William Chapman, William Charnley, John Campbell, Thomas Carr of [...]shott, John Creswell of Creswell, Daniel Craister of Craister, John Craister of Craister, N. Cla [...]ton, Snow Clayton, John Clutterbuck, George Cuthbertson of Benwell, Wil­liam Cuthbert, John Collingwood, William Clukson, clerk, Shaftoe Coulter, Fenwick Coulter, John Coulter, Ralph Carr, Edward Clarke, Ralph Carr, clerk, Ralph Carr of Cocken, Nicholas Chilton, William Comforth, John Cookson, Isaac Cookson, William C [...]nlington, Thomas Charleton, Robert Clayton, Isaac Cookson, George Charlton, Cornelius Charlton, Ralph Carr of Dimstone Bank, John Cuthbert of Whit­ton Castle, John Cachside, John Coulson, John Coate, Robert Cummin, John Crosse, Sir John Hussey Delaval, baronet, George Delaval of Bavington, Thomas [...]son, William Durnell, Abraham Dixon of Belford, Willaim Dr [...]n of Hawkwell, [Page 560] Michael Doubleday of Alnwick-Abbey, Joseph Dunn of Shilford, Thomas Dockwray of Stamfordham, D. D. John Dawson, Michael Dobson, Thomas Dixon, Alexander Davison of Lanton, John Dent of Short Flatt, Charles James Douglas, Evan Deer, James Deason, clerk, Thomas Dent, clerk, Thomas Drake, clerk, Thomas Dunn of Durham, Jonathan Davison, Thomas Dawson of Tanfield, James Douglas, D. D. Samuel Dickens, D. D. George Dickinson, Edward Dale, Robert Durham, the Dean of Durham for the time being, Sir John Eden, baronet, Sir Robert Eden, Henry El­lison of Park-House, Robert Ellison, Nathaniel Ellison, clerk, Henry Ellison of Otter­burn, John Errington of Chesters, John Errington of Beaufront, Henry Errington of Sandoe, Edward Elliott of The Strother, William Ellison, Thomas Eyre of Stella-Hall, George Errington, William Ettricke, Sir Harry Featherstonhaugh, baronet, William Fenwick of Bywell, Robert Fenwick of Lemington, Thomas Fenwick of Gart­den, Francis Forster of Buston, George Farquhar of Halystone, Matthew Forster of Bolton, Henry Forster, John Fenwick of Framlington, James Forster of Bickerton, John Fenwick of Bywell, William Fenwick, junior, of Bywell, John Featherstone, Thomas Farquhar of Rothbury, Henry French, George Fife, Richard Fleming, clerk, Christopher Fawcett, Richard Fawcett, D. D. Edward Fairless, John Farrer, clerk, William Fenton, Sir Henry Grey, baronet, Edward Gallan of Alnwick, Ralph Wil­liam Grey, Davidson Richard Grieve of Swarland, Edward Grey of Overgrass, George Gibson of Westwood, William Gibson of Unthank, Reginald Gibson of Coobridge, Henry Gibson, Nathaniel Green of Preston, John Gibson of Great-Whittington, Ro­bert Greenwollers, Charles Grey of Falloden, Ralph Grey of Preston, Thomas Gibson, Ralph William Grey, junior, Allan Greenwell, Charles Grey of Morrick, George Grieve of Swansfield, Jasper Gibson of Hexham, Thomas Gaul, George Grey, Ed­ward Gibbons, Thomas Gyll, John Goodchild, John Gates, Thomas Gunn, Bowes Grey, Robert Grey, John Greene, the rector of Gateshead for the time being, Gabriel Hall of Moncridge-Hall, John Hall, M. D. Roger Hall, William Hargrave, Henry Hudson of Whitley, John Heron of Lee-Hall, Daniel Harle of West-Harle, Robert Horsley of Bolam, John Hodgson of Elswick, John Hunter, John Harrison, Jasper Harrison, John Hepburn, Thomas Hopper of Shotley-Field, John Hopper of Shotley-Field, Cuthbert Hopper of Summerfield, Francis Hurry, Edward Humble, Edward Humble, junior, Anthony Humble, John Hunter, Cuthbert Hunter, John Huntley, John Hopper, Hendry Hopper, Ralph Hopper, William Hopper, George Humble, Stephen Handcock, Thomas Emmerson Headlam, Samuel Huthwaite, Thomas Hunt, William Hawkes, John Hunter of Medomsley, Timothy Hutchinson, Middleton Hewitson, Thomas Hayes, clerk, Edmund Hannay, John Hogg, Ralph Harrison, John Harrison of Whitburn, Luke Harrison, Robert Harrison, Thomas Harvey of Gateshead, Thomas Harvey, junior, of Gateshead, Thomas Haggerston, John Hall of Durham, Anthony Hall, William Hilton, James Hume, William Hall, the rector of Houghton for the time being, Thomas Harbottle, Robert Hedley, John Hawkes, James Hodgson, Hugh Hornby, John Hedley, Robert Ilderson of Flint-Hill, Tho­mas Ismay of Shilford, Thomas James, Fewster Johnson, John Johnson, William Johnson, Thomas Johnson, Jonathan Jefferson, clerk, Philip Jackson, Christopher Johnson, William [...]onside, clerk, Francis Jenison, John Strother Kerr, Robert Keppell, William Keenlyside, John Kirsopp, Thomas Kirsopp, William Keppell, Charles Kirton, William Kent, James King, the right honourable William Earl of Lisburne in the kingdom of Ireland, the honourable James Lumley commonly called Lord Lum­ley, the honourable Thomas Lyon, Sir William Loraine, baronet, Lambton Loraine, William Lowes of Radley Hall, Robert Lowes of Hexham, George Lake of Long-Benton, Henry George Liddell, Ralph Lambton, General John Lambton, Richard Lambert, Richard Lambert, surgeon, Francis Laidman, Thomas Lewin, John Lambe, [Page 561] Joseph Lamb, George Lake, Addison Langhorn, Joseph Liddell of Saltwellside, James Liddell, Robert Lynn, Brain Luke, clerk, John Lewes of Ridley-Hall, An­thony Leaton, George Longstaffe, Robert Lisle, Thomas Labourn, Thomas Mather. Sir William Middleton, baronet, Sir Ralph Milbanke, baronet, Sir Thomas Heron Middleton, baronet, Ralph Milbanke, Thomas Middleton of River-Green, Henry Major, Bert Mitford, Robert Mitford of Mitford, Jonathan Martin, John Mitchison, Simon Meaburn of Acombe, James Moncaster of Walts-End, Christopher Thompson Maling, Thomas Megginson of Whalton, Thomas Milburn, Thomas Maddison, Hugh Moises, clerk, Thomas Martindale, clerk, Martin Mordue, Robert Mitchell, Teasdale Mowbray, George Mowbray, Edward Mosley, William Monkhouse, William March, John Marley, Henry Mills, Mark Milbanke, John Marley, Thomas Menham, Wil­liam Methuen, John Morrison, Richard Newton of Eltington, the mayor, aldermen, common council, and recorder of Newcastle upon Tyne for the time being, Samuel Newton, John Nesham, Christopher Nesham, John Ord of Prudhoe, William Ord of Fenham, Christopher Ord, Ralph Ord of The Sands, Jonathan Ormston, Newton Ogle, D. D. the right honourable Algernon Percy commonly called Lord Algernon Percy, Michael Pearson of East-Matfin, William Pearson, Francis Peacock, Robert Pattison, William Peareth of Newcastle, Richard Pemberton, M. D. Nathaniel Pun­shon, Robert Punton, William Pollard, Thomas Philipson, John Potts, Richard Pem­berton, Sir Matthew White Ridley, baronet, Nicholas Ridley, Henry Ridley, clerk, Joseph Reay, Henry Reay, Henry Utrick Reay, Thomas Rotherham, clerk, Ralph Reedhead, Robert Reedhead, John Reed of Aydon, Henry Reed, Robert Rayne, Thomas Rotherford, William Rudd, William Raisbeck, John Richardson, John Ro­binson, clerk, Christopher Robinson, Thomas Robinson, Hawden Philipson Rowe, Christopher Soulsby, Gabriel Selby of Paston, Robert Shaftoe of Benwell, Henry Scott, William Smith, Thomas Shaftoe of Dunston, John Simpson of Bradley, Charles Stod­dart, clerk, Edward Surtees, Anthony Surtees of Apperley, Aubone Surtees, William Surtees, Henry Surtees, William Swinburne, George Silvertop of Minster-Acres, John Silvertop of Benwell, Ralph Sparke, Ralph Smith of Riding, Crozier Surtees, Robert Surtees of Stobby-Lee, Robert Salmon, Anthony Surtees, Cuthbert Shaftoe of Huns­hugh, Robert Shaftoe of Whitworth, William Scourfield, George Scurfield, clerk, John Stokoe, William Stalker, George Strickett, John Snowden, Thomas Shaftoe, Richard Shuttleworth, Edward Shipperdson, Ralph Shippardson, Anthony Salvin, George Stephenson, Langdale Sunderland, Henry Shadforth, Bernard Shaw, William Spearman, Robert Stephenson, John Stephenson, David Stephenson, Anthony Storey, Luke Salkeld, William Scott, Robert Sadler, James Slater, Matthew Stephenson, William Suggitt, Joseph Saint, Thomas Saint, William Scurfield, M. D. John Sum­mers, George Sparrow, Matthew Scafe, William Scafe, Richard Swarley, Richard Stonehewer, Thomas Smart, junior, William Scourfield, Simon Scourfield, Jonathan Sorsbie, junior, Sir John Trevelyan, baronet, Henry Tulip of Fallowfield, William Tulip of Fallowfield, John Tweedell, Middleton Teasedale of Newbrough, Francis Tweddell, Walter Trevelyan, Thomas Taylor of Fleetham, John Tempest, Fewster Teasdale, Nicholas Tyzack, John Thompson of Heworth, John Thompson of South-Shields, William Thompson, John Thornhill, Elias Thornhill, Ralph Tunstall, Tho­mas Tate, the honourable Frederick Vane, Henry Vane, LL. D. Samuel Vinci, clerk, Sir Hedworth Williamson, baronet, Edward Ward of Nunnykirk, Matthew Waters, Stephen Watson of North-Seaton, John Widdrington, Anthony Wilkinson, Te [...]sdale White, Cuthbert Wilson, clerk, Michael Wilson, Bacon William Wastell, Edward Wilson of Hepscott, William Walface, John Walker of Cotbridge, William Battie Wrightson, Emanuel Walton, Nicholas Walton, Nicholas Walton, junior, Stephen Wright, John Westgarth, John Wibbersley, clerk, George Weatherby, William Wil­liamson, [Page 562] William Wilkinson, Christopher Wilkinson, Farrer Wren, Thomas Wharton, Robert Wharton, William Williamson of Whitburn, William Williamson of Whick­ham, Henry Wilkinson, Thomas Wilkinson, James Wilkinson, John Widdrington, James Wharton, George Wood, Christopher Wardell, Robert Walker, Thomas Wal­ker, Emanuel Walton, Matthew Waters, Joseph Wilson, John Wheeler, clerk, Ed­ward Wilson, clerk, rector of Washington, Robert Wilson, William Wilson, John Wilson, [...] Wilson of Picktier, Robert Wade the younger, James Wilson, Jo­seph Whitby, Ogle Wallis, John Ward, John Wright, the rector of Walsingham for the time being, John Warwick, and Robert Young, shall be trustees for putting this act in execution; and when any trustee, appointed in or by virtue of this act, shall die, or by writing under his hand, delivered to the clerk of the said trustees, shall refuse to act, it shall be lawful for the surviving or remaining trustees, by writing under their hands, to elect and appoint one other person to be a trustee in the room of the trustee so dying or refusing to act; and every person so elected, shall be a trustee for putting this act in execution, and shall have full power and authority, and are hereby required, to build, and from time to time, as often as occasion shall require, during the continuance of this act, to repair the parapet wall of that part of the said new bridge which belongs to the see of Durham; to support and maintain the said temporary bridge, until such time as the said new stone bridge shall be completed and finished, and opened for the passage of cattle, carts, carriages, and foot passengers; and to make and open such avenues and passages to such new bridge, and to do all such other works as they shall adjudge necessary relative thereto, for the safety and accommodation of the publick; provided that the improvement of the north avenue to the said bridge shall begin with the mes­suages and premises belonging to or in the occupation of James Hume and Mary Davis, on the west side, and Saint Thomas's chapel on the east side of the said north avenue, and end with the messuages and premises late Oliphant's, at the south abutment of the said bridge, and not otherwise.

And be it further enacted, that the said trustees, or any five or more of them, shall meet together in the mayor's chamber of the said town of Newcastle upon Tyne, upon Saturday, the nineteenth day of June, one thousand seven hundred and seventy-nine, and proceed to put this act in execution, and shall then, and from time to time after­wards, adjourn themselves to meet in the said chamber, at such time as they shall think proper for the purposes of this act; and that if there shall not appear at any meeting a sufficient number of trustees to act or to adjourn to another day, or in case the trustees at any time assembled shall not adjourn themselves, the clerk to the said trustees shall adjourn the meeting to such time as he shall think fit, not exceeding the distance of twenty-one days from the time of the last default, and shall give notice thereof by ad­vertising the same in the Newcastle news-papers; and in case no adjournment, notice, or appointment for meeting, shall be made or given by the clerk, then it shall be law­ful for any five of the trustees to cause notice to be given in manner aforesaid, appoint­ing the trustees to meet at such time as they the said five trustees shall think proper, not exceeding as to the time twenty-one days, nor being less than eight days, from the time of advertising such notice.

Provided always, that no meeting of trustees for putting this act in execution, shall be held at any place but in the said mayor's chamber of the said town of Newcastle upon Tyne; and all orders and determinations of the trustees in the execution of this act, shall be made at meetings to be held in pursuance of this act, and not otherwise, and shall be made by the major part of the trustees then present, the number present not being less than five.

Provided also, that no order made by the major part of five trustees as aforesaid, shall be revoked or altered unless fifteen trustees shall be present, and the major part of [Page 563] them concur therein, at a meeting to be held for that purpose; of which intended al­teration notice shall be given at a previous meeting of the said trustees, and entered in their book of proceedings; and that such trustees as are justices of the peace may act as justices in the execution of this act, notwithstanding their being trustees, except in such cases where they shall be personally interested; and in all cases where the trustees are authorised to examine any person or persons on oath, it shall be lawful for such trus­tees to administer such oath.

And be it further enacted, that the said trustees shall and may appoint one or more clerk or clerks, treasurer or treasurers, collector or collectors, and other officers, and from time to time afterwards, when they shall think fit, remove any such clerks, trea­surers, collectors, and other officers, or when any of them shall die, or resign their office, they the said trustees may, by writing under their hands, appoint one or more fit person or persons to be their clerk or clerks, treasurer or treasurers, collector or col­lectors, in the room of such of the said officers as they shall think proper to remove, or shall die, or resign their office, and shall take such security for the due execution of their respective offices, as they the said trustees shall think proper; and may, by and out of the money to arise by virtue of this act, allow and pay to such clerks, treasurers, and collectors, and to such other persons as shall be aiding or assisting them in their re­spective offices, or that shall be anyways employed in the execution of this act, such salaries, rewards, and allowances for their respective attendance, care, and service, as to the said trustees shall seem reasonable: and all such officers and persons shall, from time to time, when thereunto required by the said trustees, deliver to such trustees, or to such person or persons as the said trustees shall for that purpose appoint, a true and perfect account in writing, under their respective hands, of all monies which shall have been by them respectively had, collected, or received, and how and to whom, and for what purposes, the same, and every part thereof, hath been disposed of, together with proper vouchers and receipts for such payments, and shall verify the accounts upon oath, it thereunto required by the said trustees; and all such officers and persons shall, and they are hereby respectively required to pay all such monies, as upon the balance of such account or accounts shall appear to be in their hands, to such person or persons as the said trustees shall appoint to receive the same: and if any of the said officers or persons shall refuse or neglect to render and give such accounts as aforesaid, or produce and deliver up the vouchers and receipts relating to the same, or to verify the articles thereof upon oath, or to pay the balance remaining in their hands, when thereunto re­quired in manner aforesaid, and complaint shall be made of any such neglect or refusal to any justice of the peace for the county or place where the officer or officers, person or persons, so neglecting or refusing shall live and reside, such justice may, and is hereby authorized and required, by a warrant or warrants under his hand and seal, to cause such officer or officers, person or persons, to be brought before him, and upon his or their appearing, or not being to be found, to hear and determine the matter of such complaint in a summary way, and to settle the said account or accounts, if produced, in such manner as the said trustees might have done; and if upon confession of the officer or officers, person or persons, against whom any such complaint shall be made, or by the oath or oaths of any witness or witnesses, it shall appear to such justice that any of the monies which shall have been collected or received, shall be in the hands of such officer or officers, person or persons, such justice may, and he is hereby authorized and required, upon nonpayment thereof, by a warrant or warrants under his hand and seal, to cause such money to be levied by distress and sale of the goods and chattels of such officer or officers, person or persons, respectively; and if no goods and chattels can be found sufficient to answer and satisfy the said money, and the charges of dis­training and selling the same, or if such officer or officers, person or persons, shall not [Page 564] appear before the said justice at the time and place appointed by him for that purpose, or if appearing, shall refuse or neglect to give and deliver to the said justice an account or accounts of receipts and payments as aforesaid, or to verify the truth of such accounts, and of the articles thereof, on oath, as aforesaid, or to produce and deliver up to the said justice the several vouchers and receipts relating to such accounts respectively, then, and in either of the cases aforesaid, the said justice may and is hereby authorized and required, by a warrant or warrants under his hand and seal, to commit such officer or officers, person or persons, to the common gaol or house of correction of the county, riding, division, or district, where he or they shall live and reside, there to remain, without bail or mainprize, until he or they shall have delivered in and settled his or their accounts, and have verified the same on oath, and shall have delivered up the vouchers and receipts relating thereto, and shall have paid all the money which shall appear to be in their respective hands, and the reasonable charges of such distress and sale as shall in that respect have been made, or until he or they shall have compounded with the said trustees for the same, and paid the composition money to the said trustees, or to such person or persons as they shall appoint to receive the same; and which composition tho said trustees are hereby impowered to make.

And be it further enacted by the authority aforesaid, that the said temporary bridge, which was to have continued for the term of seven years, from the 24th day of June, one thousand seven hundred and seventy-two, shall be continued for the further term of three years, and no longer.

Provided nevertheless, that in case the said new stone bridge shall be built, and made fit and opened for the passage of cattle, carts, carriages, and foot passengers, and pro­per avenues made thereto, before the end and expiration of the said term, that then, and from thenceforth, or as soon as conveniently may be after such new stone bridge shall be built and made fit and opened, and avenues made as aforesaid, the said temporary bridge shall be taken away, and the remainder of the said term shall cease, determine, and be void, any thing in the said former act or this act contained to the contrary notwithstand­ing; and all monies, which at the expiration of the term hereby granted and continued, and after payment of all debts contracted on account of the said temporary bridge, and then unpaid, shall remain of the tolls taken on the said temporary bridge, or that shall have been borrowed on the credit thereof, and likewise the materials of which such bridge shall then consist, shall be, and are hereby declared to be, vested in the said trustees, and may and shall be applied and disposed of by them to the purposes of this act; and the several punishments inflicted by the said former act, on persons da­maging, destroying, or injuring the said temporary bridge, shall be, and be construed to be in full force for and during the said further term of three years, or such part thereof as the said temporary bridge shall be continued and kept up, as fully and effectually, to all intents and purposes, as if the same were repeated and re-enacted in this act.

And be it further enacted by the authority aforesaid, that it shall be lawful for the said trustees to treat, contract, and agree with the several owners, proprietors, and oc­cupiers of, and persons entitled to or interested in, any messuages, shops, cellars, lands, tenements or hereditaments, for the same, or so much of the ground thereof as shall be necessary for making and opening avenues and passages, and doing other works for the purposes of this act, and particularly with the owner or owners, proprietors and occu­piers, of seven messuages, shops, cellars, or tenements, situate on the west side of the present street or avenue in Newcastle aforesaid, leading to the intended new bridge, and which are now, or late were, in the tenure or occupation of William Hill, William Robson, Abraham Henderson, Robert Salmon, David Akenhead, James Hume, and others, or for so much of the ground whereon the said messuages, shops, cellars, or te­nements, now stand, as shall be necessary for the purposes aforesaid; and also for all da­mage [Page 565] occasioned by taking down any such buildings, and laying the ground into the street or avenue, to widen the same; and also with the owner or owners, proprietors, lessees, and occupiers, of two houses now standing on the abutments of the stone bridge, at the south end thereof, in order that the same may be taken down and removed, for the purpose of widening that avenue; and likewise with the Lord Bishop of Durham, and his several and respective lessees, for the purchase of his and their right and claim to the privilege of erecting houses, shops, and other buildings, on that part of the new stone bridge which belongs to the see of Durham; and in case of any difference with re­spect to the several and respective premises herein-before particularly described and men­tioned, or with respect to any other rights or claims between such owners, proprietors, lessees, or occupiers, and the said trustees, such difference shall be adjudged, settled and determined, and such recompense and damage ascertained, by a jury, in such manner, and under the same rules and orders, as are in and by the said act of the twelfth year of his present majesty's reign prescribed for settling and ascertaining damages and recom­pense to persons incapable or unwilling to treat or contract; and that upon payment of such sum or sums of money as shall be agreed to be paid for such respective houses, pre­mises, rights, claims, and privilege, to be contracted for as aforesaid, or, where no agreement or contract shall be made, on making satisfaction in manner herein after men­tioned, the said trustees are hereby authorized and required, with all convenient speed, afterwards, to cause to be taken down all such houses, tenements, edifices, erections, and buildings, or any part thereof, and to cause the materials thereof to be removed and taken away, and disposed of as they shall think proper; and this act shall be suffi­cient authority to indemnify them, and all persons to be authorized by them, for so doing, against all and every the owners of, and all other persons interested in, any such houses, buildings, ground, rights, and claims, or any part thereof, and the lessees and occupiers thereof, their successors, heirs, executors, administrators, and assigns, as if the same premises had been sold and conveyed by deed of feoffment, bargain and sale, or other assurance in law whatsoever.

And be it further enacted by the authority aforesaid, that from and after payment or satisfaction shall be made to the said Lord Bishop of Durham and his lessees, respec­tively, in respect of his and their respective rights and interests, no house or building whatsoever (toll-houses excepted) shall be erected upon the said new stone bridge, but that the same shall be open, and be deemed and used as a common and publick high­way, for ever.

And whereas it may happen that some persons, or bodies politick, corporate, or ec­clesiastical, feoffees in trust, femes-covert, or others, who are seised of, entitled unto, or interested in, some leases, houses, edifices, tenements, or ground, rights or claims, or some part or share thereof, which may be necessary to be taken down and set out, for widening and enlarging the passage over the said bridge, or the passages leading thereto as aforesaid, and may be willing to treat and agree to sell such leases, houses, edifices, and premises, but are incapable of selling, granting, or conveying the same; be it there­fore further enacted by the authority aforesaid, that it shall be lawful for all bodies poli­tick, corporate or ecclesiastical, corporations aggregate or sole, and all feoffees in trust, executors, administrators, guardians, or other trustees whomsoever, and for all femes-covert, and every person and persons whomsoever, who are or shall be seised or possessed of, or interested in, any such leases, houses, edifices, tenements, ground, premises, rights, or claims, or any part thereof, to sell and convey all or any such leases, houses, edifices, tenements, ground, premises, rights, and claims, or any part thereof, and all their estate, right, title, and interest whatsoever, of, in, or to the same, to the said trustees, or to such person or persons, and their heirs, for ever, as the said trustees shall direct, in trust for the said trustees, for the purposes in this act contained; and that all [Page 566] contracts, agreements, sales, and conveyances, which shall be so made by virtue and in pursuance of this act, as aforesaid, shall, without any fine or fines, recovery or reco­veries, or other conveyances or assurances in the law whatsoever, be good, valid, and effectual, to all intents and purposes, any law, statute, usage, or any other matter or thing whatsoever, to the contrary thereof in any wise notwithstanding; and that all such persons are and shall be hereby indemnified for what they shall do by virtue and in pur­suance of this act.

And be it further enacted by the authority aforesaid, that if any such owner, pro­prietor, or occupier, or other person or persons interested in any such leases, ground, houses, buildings, shops, rights, or claims, upon fourteen days notice to him, her, or them given, or left in writing at the dwelling house or houses, or place or places of abode, of such person or persons, shall neglect or refuse to treat, or shall not agree with the said trustees, or with the person or persons authorized by them, for the purchase of any leases, ground, houses, buildings, shops, rights, or claims, or for their interest therein, or through disability by reason of nonage, coverture, estate tail, or other im­pediment whatsoever, cannot make an effectual or valid agreement, or by reason of absence shall be prevented from treating as aforesaid, then, and in every or any such case, the said trustees shall cause it to be inquired into and ascertained, by and upon the oaths of a jury, what damages will be sustained by, and what recompense and satisfac­tion shall be made to such owners, occupiers, or proprietors of, or other person or per­sons respectively interested in, any such leases, houses, buildings, shops, ground, rights, or claims, in such manner, and under the same rules and orders, as are, in and by the said recited act of the twelfth year of his present majesty's reign, prescribed for settling and ascertaining damage and recompense to persons incapable or unwilling to treat or contract.

And it is hereby further enacted and declared, that upon payment of such sum or sums of money which shall be assessed and decreed by a jury as aforesaid, the person or persons to whom the same shall be so assessed and decreed, for the purchase of the leases, houses, tenements, hereditaments, rights, and claims, or for the purchase of any estate or interest therein, shall make and execute, or procure to be made and executed, good, valid, and legal conveyances and assurances in the law, to the said trustees, or to such person or persons as they shall nominate or appoint, and their heirs, in trust for the said trustees, of such houses, ground, tenements, edifices, erections, buildings, premises, rights, and claims, or any part thereof, or of such estate or interest for which such sum or sums of money shall be so awarded, and shall procure all necessary parties to execute such conveyances, assignments, and assurances, and shall do all acts, matters, and things, requisite and necessary to make a clear, good, and perfect title to the premises, to the said trustees, or to such person or persons as they shall appoint as aforesaid; and such conveyances, assignments, and assurances, shall contain all such reasonable and usual covenants as shall on the part of the said trustees be required: and in case such person or persons, to whom any such sum or sums shall be so awarded or due as aforesaid, shall not be able to evince their title to the premises to the said trustees, and to make, or procure to be made, good, valid, and legal conveyances thereof to the said trustees, or to such person or persons as they shall appoint, or shall refuse so to do, being thereto required, and such sum or sums so assessed and awarded, and due as aforesaid, being produced and tendered to be paid to them on their making such title, and executing and procuring to be executed such conveyances, assignments, or assurances as aforesaid; or in case such person or persons, to whom such sum or sums of money shall be so as­sessed or due as aforesaid, cannot be found in the said town of Newcastle upon Tyne; or if by reason of disputes depending in any court of law or equity, or for defect of evi­dence, or otherwise, it shall not appear to the said trustees what person or persons is or [Page 567] are entitled; or if any mortgagee or mortgagees shall refuse to take in his, her, or their mortgage money due on the premises, after notice given to him, her, or them for that purpose, as herein-after is provided; then, and in all and every such case and cases, it shall and may be lawful to and for the said trustees to order the sum or sums so assessed and awarded as aforesaid, as the value or purchase money for such leases, houses, ground, tenements, edifices, erections, buildings, and premises, or as shall be due on such mortgage, to remain in the hands of their treasurer, for the use of the parties interested in the said premises, to be paid to them, and every of them, according to their respec­tive estates and interests in the said premises; and immediately upon such order, all the estate, right, title, interest, use, trust, property, claim, and demand, in law and equity, of the person or persons respectively for whose use the same was ordered to re­main in the treasurer's hands, in, to, or out of such leases, houses, ground, tenements, edifices, erections, buildings, and premises, shall vest in the said trustees for the uses and purposes of this act, and they shall be deemed in law to be in the actual possession thereof, to all intents and purposes, as fully and effectually as if every person having any estate in the said premises had actually conveyed the same by lease and release, bar­gain and sale inrolled, feoffment with livery and seisin, fine and recovery, or any other legal conveyance whatsoever; and such payments shall not only bar all right, title, in­terest, claim, and demand, of the person or persons to whose use such payment was made, but also shall extend to, and be deemed and construed to bar the dower and dowers of the wife or wives of such person or persons, and all estates tail, in reversion or remainder, against the issue and issues of such person and persons, and every person claiming under them, to all intents and purposes whatsoever.

Provided always, that it shall and may be lawful to and for the said trustees, on the application of any person or persons interested in any, or any part of such leases, houses, ground, tenements, edifices, erections, buildings, or premises, or the monies so or­dered to remain in the treasurer's hands for the purchase thereof, or in respect of any right or interest therein, to place out and invest, or cause to be placed out and invested, such sum or sums of money, or any part thereof, in some of the publick funds, or on government securities, at interest, in the name of any person or persons authorized and appointed by the said trustees for that purpose, in trust to transfer and assign the same to such person or persons to whom the money so paid shall belong, on their executing pro­per conveyances as aforesaid, and in the mean time, in trust to pay the interest and divi­dends arising therefrom to such person or persons who shall be from time to time entitled to receive the same.

Provided also, and it is hereby enacted, that all and every person and persons who would be entitled to recover the mesne profits of the premises against the person or per­sons in possession, in case the same had not been so conveyed to the said trustees, or by their directions, as aforesaid, shall be entitled to recover the sum or sums to arise from such interest and dividends as aforesaid, by action of debt against the person or persons who shall receive the same; and the said trustees are hereby impowered and authorized to make such order as aforesaid, on the treasurer, for the payment of such sum or sums of money, or any part thereof, as shall be necessary, in order to their being invested in the funds or government securities; and the said trustees shall be quieted in the posses­sion of the leases, houses, ground, tenements, edifices, erections, buildings and pre­mises, for which such monies shall be so paid as aforesaid, and shall not be answerable or accountable, in any court of law or equity, for the money to be so deposited and placed out as aforesaid, any otherwise than according to the tenor, purport and true meaning of this act.

And be it further enacted by the authority aforesaid, that all and every mortgagee or mortgagees of any leases, houses, lands, tenements, and hereditaments, which shall be [Page 568] purchased in pursuance of this act, his, her, or their heirs, executors, administrators, and assigns, respectively, on having six calendar months notice in writing given to him, her, or them, from the said trustees, or any person authorized by them, that they will pay off and discharge the principal and interest money which at the expiration of the said six months shall be due on such mortgage, shall at the end of the said six months after every such notice, on payment or tender of the principal and interest money which shall be then due, convey and assign his, her, and their respective estates and interests in and to the said mortgaged premises, to the said trustees, or to such person or persons as they shall nominate or appoint, in trust for the said trustees, to the uses and purposes of this act; and if any such mortgagee or mortgagees, his, her, or their heirs, executors, ad­ministrators, or assigns, shall refuse so to do, then all interest on every such mortgage, from the expiration of the said six months after any such notice given as aforesaid, shall cease and determine.

And be it further enacted by the authority aforesaid, that in case the said trustees, or any person authorized by them, shall, after any houses, edifices, or premises, shall be purchased by them in pursuance of this act, give six calendar months notice in writing to all and every the tenants or occupiers of any such leases, houses, edifices, or pre­mises, which shall be so purchased, to quit or deliver up the possession of such leases, houses, edifices, or premises, at the expiration of such six months, then all and every such tenants or occupiers shall, at the end of such six months after every such notice, peaceably and quietly deliver up the possession of the premises so by him, her, or them, respectively occupied, whether upon lease or otherwise, to the person or persons who shall be appointed by the said trustees to take possession thereof; and if any person or persons so in possession shall refuse to give up such possession, at the expiration of such six months after every such notice as aforesaid, it shall and may be lawful for the said trustees, from time to time, to issue a precept or precepts to the sheriff of the said town and county of the town of Newcastle upon Tyne, or to the sheriff of the county of Durham respectively, wherein the premises are situate, to cause possession thereof to be delivered to such person or persons who shall be in such precept or pre­cepts nominated to receive the same; and the sheriffs of the said town and county of the town, or of the said county of Durham, as the case may be, are hereby respectively re­quired to deliver possession, according to such precept or precepts, of the premises therein mentioned, and to levy such costs as shall accrue by means of the issuing and execution of every such precept or precepts, by distress and sale of the goods and chat­tels of any person or persons who shall have refused to give up such possession as afore­said, and shall refuse or neglect to pay the same costs.

And be it further enacted by the authority aforesaid, that it shall and may be lawful for the said trustees from time to time to impose any reasonable fine, not exceeding the sum of five pounds, on any sheriff or sheriffs, or his or their deputy or deputies, bailiffs, or agents respectively, who shall make any default in the premises; and on any person or persons who, after being duly summoned, shall not attend, or attending, shall refuse to be sworn, or who being sworn, shall refuse to give evidence; and on any person or per­sons summoned and returned on such jury or juries, who shall refuse to be sworn on any such jury or juries, or being sworn thereon, shall not give his or their verdict, or shall in any other manner wilfully neglect his or their duty in or touching the premises, contrary to the true intent and meaning of this act; and from time to time to levy such fine or fines, by order of the said trustees, by distress and sale of the offender's goods, together with the reasonable charges of every such distress and sale, returning the overplus of any) to the owner; and all such fines which shall be so recovered and received shall be accounted for and applied towards the purposes of this act.

[Page 569]And it is hereby further enacted, that the principal money to arise from the sale of any leases, houses, edifices, lands, tenements, or hereditaments, which shall be pur­chased for the purposes intended by this act, of any body corporate or ecclesiastical, corporation aggregate or sole, feoffees in trust, guardians, committees, or other trustees, or from any feme or femes-covert, shall be paid to such persons as they shall respectively nominate to receive the same, in trust, with all convenient speed, to be reinvested in the purchase of other messuages, lands, tenements, and hereditaments; which shall be conveyed and settled to and upon, and subject to the like uses, trusts, limitations, re­mainders, and contingencies, as the leases, houses, edifices, lands, tenements, and he­reditaments, which shall be purchased from them respectively by the said trustees as aforesaid, were respectively settled, limited, or assured, at the time of such the purchasing of the same, or so many thereof as at the time of making such conveyances and settle­ments shall be existing and capable of taking effect.

And whereas, by reason of the purchases which the said trustees are hereby impowered to make by virtue of this act, they may happen to be possessed of some piece or pieces of ground, over and above what may be necessary for the opening and widening of the respective avenues and passages to and from the said new bridge, and for other the pur­poses of this act; be it therefore further enacted by the authority aforesaid, that it shall and may be lawful for the said trustees to sell and dispose of such piece or pieces of ground for building, either together or in parcels, as they shall find most advantageous and convenient, to such person or persons as shall be willing to contract for and pur­chase the same, giving preference to the person or persons of whom the same shall have been purchased; and it shall and may be lawful for the said trustees to design, assign, and lay out, in what manner the new houses or edifices, to be erected upon such piece or pieces of ground so to be purchased, shall be built.

Provided always, that the monies to arise by sale of such piece or pieces of ground shall be applied for the respective purposes of this act, and to and for no other use, in­tent, or purpose whatsoever.

And be it further enacted by the authority aforesaid, that no person whomsoever shall sit or act as a trustee in the execution of this act, in any case where he is in anywise, di­rectly or indirectly, interested or concerned of or in the matter or matters in question; nor shall any person whomsoever be sworn to serve on any jury, or be examined as a witness, where he or she is in anywise, directly or indirectly, interested in the matter in question.

And whereas the mayor, aldermen, and common council, of the said town of New­castle upon Tyne, in the county of the town of Newcastle upon Tyne aforesaid, have proposed and are willing to expend and lay out the sum of one thousand pounds of the monies of the corporation of the town of Newcastle upon Tyne aforesaid, in and towards the expences of purchasing the said several messuages, tenements, and premises, situate on the west side of the street or avenue in Newcastle, leading to the new bridge: and forasmuch as the maintaining and supporting of the said temporary bridge, until the said new stone bridge shall be completed; and the purchasing of such leases, houses, edifices, ground, premises, rights, and claims, as may be necessary for keeping the passage over the said new bridge open, commodious, and free from buildings; and for widening the passages as aforesaid, and building the said parapet wall of that part of the said new bridge which belongs to the see of Durham; and the obtaining and passing of this act; over and above the one thousand pounds proposed to be to contributed by the said corporation as aforesaid, will be attended with very con­siderable charge and expences: be [...] therefore enacted, that, for and towards raising money for those purpose, it shall and may be lawful for the said trustees, and they are [Page 570] hereby authorized and impowered to continue the present toll-gate on the said tempo­rary bridge, and to appoint and order such toll-gates or toll-houses to be erected upon, across, or near the said new stone bridge, when finished, as they shall think fit, and to take and receive at the said toll-gate and toll-houses respectively, such and the same tolls, for the passage of cattle, carriages, and other things, as by the said act of the twelfth year of his present Majesty are authorized to be taken on the said temporary bridge, under the same limitations, regulations, and restrictions, subject to the same provisions, and with the same remedies for the recovery thereof, as are in the said act contained with respect to the tolls thereby made payable on the said temporary bridge.

And whereas the said corporation of Newcastle upon Tyne are possessed of certain buildings and shops situate on the east side of the present street or avenue in Newcastle leading to the said new bridge: and whereas it will be necessary to lay a part of the ground, whereon such buildings and shops stand, into the said street or avenue, for the accommodation of passengers over the said bridge: be it therefore further enacted, that the said trustees shall, and they are hereby impowered and required to cause the said houses to be set back, in such manner that six feet and an half in width, at a medium, of the ground whereon the said houses and buildings stand, may be laid into the said street or avenue for the length of seventy-eight feet from the said bridge, and from the end of the said seventy-eight feet to continue at a medium of four feet and an half in width, for the space of about fifty feet on the west end of St. Thomas's chapel; in con­sideration whereof, and previous to the setting back any such houses and buildings in manner aforesaid, it shall be lawful for the said trustees, and they are hereby impowered and required to pay into the chamber of the said town of Newcastle upon Tyne, for the use and benefit of the said corporation, the sum of six hundred pounds, out of the tolls hereby authorized to be continued and taken, or out of any money which shall be bor­rowed on the credit thereof.

And forasmuch as it may be necessary to borrow money upon the credit of this act, for the more speedy and effectual carrying into execution the purposes thereof; be it therefore further enacted by the authority aforesaid, that it shall and may be lawful to and for the trustees from time to time, and they are hereby impowered, by any deed or deeds, writing or writings, under their hands and seals, to assign over or mortgage the tolls hereby continued and granted, or any part or parts thereof, for securing the repay­ment of any sum or sums of money so by them to be borrowed, with interest, for the ends and purposes aforesaid; and that the said trustees shall, in the first place, pay and discharge all expences incurred in and about procuring and passing this act, and the re­mainder of the money so raised shall be applied according to the true intent and mean­ing of this act, and not otherwise.

And be it further enacted by the authority aforesaid, that the said trustees shall, twice in every year, (that is to say) in the first week in January, and in the first week in July, cause just and fair accounts in writing to be made, and lodged in such place as shall be adjudged and determined upon to be most fitting and proper, by an order to be made by any fifteen or more trustees at any publick meeting, and to be removed, if occasion shall require, to any other place, at the discretion of any fifteen or more trustees, in manner aforesaid, of all and every sum and sums of money by them expended by vir­tue of this act, in continuing to maintain and support the said temporary bridge, in improving the passage over, and avenues to the said new stone bridge, and all other the expences relating to the procuring and executing of this present act; and that before any toll shall be taken for passage over the said new bridge, when finished, the said trustees shall cause fourteen days notice, at least, to be given in one of the Newcastle newspapers, of a meeting to be held in the mayor's chamber in Newcastle upon Tyne, for the purpose of examining the accounts of the expences of the said trustees; at which [Page 571] meeting all and every the accounts herein before directed to be made, shall be laid be­fore the trustees present at such meeting; and such tolls only as by the majority of the said trustees present at such meeting, shall be ordered and directed, shall be taken and received for passage over the said new bridge, not exceeding the whole, nor less than one half, of the rates mentioned in the said act of the twelfth year of his present Majesty's reign; and during such time as any such tolls shall be taken, the said trustees shall, twice in every year, (that is to say) in the first week in January, and in the first week in July, as aforesaid, cause just and fair accounts in writing to be made out, and lodged in manner aforesaid, of all and every sum and sums of money which shall have been taken and received for passage over the said new bridge, to the time of making out every such account, and of all disbursements and expences attending the taking, re­ceiving, and collecting the said tolls; and the said trustees shall cause fourteen days no­tice at least to be given in one of the Newcastle newspapers, of a meeting to be held in the mayor's chamber in Newcastle upon Tyne aforesaid, of the trustees, for the purpose of examining the said last-mentioned accounts.

Provided always, and be it further enacted by the authority aforesaid, that if it shall be found necessary at any time or times to lower the tolls so as aforesaid to be ordered or directed to be taken, or to raise the same again, in order to answer the purposes of this act, then and in every such case it shall and may be lawful to and for the said trustees to cause fourteen days notice to be given as aforesaid, of a meeting to be held in the said mayor's chamber in Newcastle upon Tyne aforesaid, of the trustees, for the purpose of lowering or raising the said tolls; and in every such case the said tolls shall and may be lowered or raised according to the direction of the majority of the said trustees assembled at such meeting, so as not to exceed the whole, nor be less than half, of the respective sums first granted for passing over the said temporary bridge.

And be it further enacted by the authority aforesaid, that it shall and may be lawful for the said trustees, from time to time, by writing under their hands and seals, to lease the tolls arising by virtue of this act, unto any person or persons, for any term not ex­ceeding three years, for the best rent that can be got for the same, payable at such times, and under such conditions, and unto such person or persons, as the said trustees shall direct or appoint; and the money arising thereby shall be applied in such manner as the tolls so leased are directed to be applied.

And be it further enacted by the authority aforesaid, that at the expiration of twelve years, to be computed from the twenty-fourth day of June, one thousand seven hun­dred and seventy-nine, or at such sooner time as the several purposes of this act shall be carried into execution, and the money borrowed upon the credit thereof be repaid, with interest for the same, all the tolls hereby continued and granted shall absolutely cease and determine.

And be it further enacted by the authority aforesaid, that the tolls continued and made payable by this act, shall not be rated or assessed for or towards the land tax, church, or poor rates, or any other rates or taxes, ward or parochial; and that all and singular the said tolls, and all other monies which shall be levied or received by virtue hereof, and the right, interest, and property of all and every the gates and toll-houses to be continued or erected by virtue of this act, and the materials of the said temporary bridge, shall, from and after the passing of this act, be, and the same are hereby vested in the said trustees; and the money to arise therefrom shall be recovered, accounted for, paid, and applied to and for the purposes of this act.

And, for the better support and security of the toll-houses and toll-gates to be con­tinued o [...] [...]t up by virtue of this act, be it further enacted, that if any person or persons shall unlawfully, and wilfully or maliciously, either by day or night, burn, or set fire [Page 572] to, remove, pull down, cut down, pluck up, throw down, or otherwise destroy or level, any toll-gate or toll-house, or any part thereof, which shall be erected or set up, or continued, by the authority of this act, for preventing the passage through any of the toll-gates as aforesaid, without paying the tolls hereby continued and charged, or shall in anywise direct or procure the same to be done, then, and in every such case or cases, every person who shall so offend, and be thereof lawfully convicted, shall be adjudged guilty of felony, and shall suffer death as in cases of felony, without benefit of clergy, and the necessary charges to be incurred in and about the prosecution of such offender shall be paid out of the monies to be raised by virtue of this act.

Provided also, and be it further enacted, that if any person or persons shall assault any person or persons who shall be duly appointed a collector or collectors of any of the tolls continued or charged by this act; or shall threaten them, or any or either of them, in the execution of such his, her, or their office; or shall at any time or times forcibly ride, drive, lead, or pass through any toll-gate or toll-gates that shall be erected or set up, or continued, by authority of this act, any waggon, cart, or other carriage, or any horse or other beast, chargeable with toll, without paying such toll for the same; or shall by menaces, threats, or violence, or by force or terror, drive or remove any such collector or collectors from his, her, or their station or stations respectively, at such their respective toll-gate or toll-gates, so as to prevent or interrupt them, or any or either of them, from duly attending to the collection or receipt of such tolls; then, and in every or any of such cases, the party or parties who shall so offend, shall, for every such offence, upon conviction thereof, either by his or their own confession, or upon oath of one or more credible witness or witnesses, before any justice or justices of the peace for the said town and county of the town of Newcastle upon Tyne, or county of Durham, as the case shall be, forfeit and pay the sum of five pounds; one moiety whereof shall go to the use of the informer, and the other moiety to the said trustees, for the purposes of this act; and the whole shall be levied by distress and sale of the goods and chattels of such of­fender or offenders, or any or either of them, by warrant or warrants from such justice or justices respectively, rendering the overplus (if any), after deducting the reasonable charges, to the owner or owners, on demand; and for want of such distress, such justice or justices shall, by his or their warrant, commit every such offender to his Majesty's gaol for the said town of Newcastle upon Tyne, or county of Durham, as the case may be, there to remain without bail or mainprize, for the space of six calendar months, unless sooner discharged by order of the court of general quarter sessions of the peace for the said town of Newcastle upon Tyne, or county of Durham, as the case may be; and if any such party or parties so once convicted shall in any the like manner offend a second or third time, or oftener, and be in like manner convicted thereof, he, she, or they shall, for every such other offence, forfeit and pay ten pounds, to be levied and applied in like manner, and for want of sufficient distress shall be committed in like manner, by warrant from one or more such justice or justices, to the common gaol of the said town of Newcastle upon Tyne, or county of Durham, as the case may be, there to remain, without bail or mainprize, for one whole year, and until he, she, or they shall have entered into recognizance, with sureties, to the satisfaction of the justices of the general quarter sessions of the peace for the said town of Newcastle upon Tyne, or county of Durham, as the case may be, for their good behaviour, respectively, for three years; all which of­fences such justice or justices is and are hereby authorized and required, from time to time, to hear and determine in a summary way, and on conviction of the respective offend­ers to grant such warrants respectively as aforesaid: and if any constable, officer, or other person who shall be authorized or intrusted to levy or receive any penalty or penalties inflicted by this act, after the levying or receipt thereof, shall refuse to account for and [Page 573] pay over the same to the uses directed by this act, then it shall and may be lawful to and for any justice or justices of the peace of the said town of Newcastle upon Tyne, or county of Durham, as the case may be, on oath made before him or them, by a cre­dible witness, of such refusal, to commit every such constable, officer, or other person, who shall so refuse or neglect to account, to one of the said gaols, as the case may be, there to remain until he shall have accounted for and satisfied the same.

And be it further enacted, that no order which shall be made by any justice of the peace, by virtue or in pursuance of this act, or any other proceedings to be had touch­ing the conviction or convictions of any offender or offenders against this act, shall be quashed or vacated for want of form only, or be removed or removeable by certiorari, or any other writ or process, into any of his Majesty's courts of record at Westminster.

Provided always, and it is hereby further enacted, that nothing in this act contained shall extend, or be construed to extend, to prejudice or take away any right, toll, or duty whatsoever, which the mayor and burgesses of the town and county of Newcastle upon Tyne have, or are entitled to take and receive at the several entrances into the said town, or any toll or duty which the said mayor and burgesses hold by lease or grant under the Lord Bishop of Durham.

And be it further enacted by the authority aforesaid, that if any action shall be brought, or suit commenced, against any person or persons, for any thing done in pur­suance of this act, or in relation to the premises, or any of them, every such action or suit shall be laid or brought within six calendar months next after the fact done, and shall be laid or brought in the town and county of Newcastle upon Tyne, or county of Durham, where the matter shall arise, and not elsewhere; and the defendant or de­fendants in such action may plead the general issue, and give this act and the special matter in evidence at any trial to be had thereupon, and that the same was done in pursuance and by authority of this act: and if the same shall appear to have been so done, or if any such action or suit shall not be brought within the time before limited, or shall be brought in any other city, county, or place, than as aforesaid, then the jury shall find for the defendant or defendants; or if the plaintiff or plaintiffs shall be­come non-suited, or suffer a discontinuance of his, her, or their action or actions, or if a verdict shall pass against the plaintiff or plaintiffs, or if, upon demurrer, judgment shall be given against the plaintiff or plaintiffs, the said defendant or defendants shall have treble costs, and shall have such remedy for recovering the same, as any defend­ant or defendants hath or have for costs in other cases by law.

And it is hereby declared, that this act shall be a publick act; and shall be deemed and taken notice of as such, by all judges, justices, and others, in all courts and places, without specially pleading the same.

APPENDIX, P. 52. (No. 2.) An Act for enlarging the terms and powers of two acts of the twelfth and nineteenth years of his present Majesty's reign, made for building a temporary bridge, and completing a new stone bridge, over the river Tyne, between the town of Newcastle upon Tyne and Gates­head, in the county of Durham, and making the avenues to and the passages over the same more commodious; and for removing and preventing nuisances and annoyances in the streets, lanes, or avenues leading to the said new stone bridge, within the town of Gateshead, in the county of Durham.

WHEREAS an act of parliament passed in the twelfth year of his present Majesty's reign, for building a temporary bridge over the river Tyne, between the town of Newcastle upon Tyne and Gateshead, in the county of Durham, which temporary bridge was to have continuance from the twenty-fourth day of June one thousand seven hundred and seventy-two, for the term of seven years; and in the nineteenth year of his present Majesty's reign, another act of parliament passed, whereby the said tempo­rary bridge was continued for the further term of three years, and divers persons therein named were appointed trustees for putting the said last-mentioned act into execution, and were enabled to complete the new stone bridge over the said river, and to make the avenues to, and the passage over, the said new stone bridge more commodious; and it was thereby enacted, that for and towards raising money for the purposes of the said act, it should be lawful for the said trustees to take and receive such and the same tolls for the passage of cattle, carriages, and other things over the said new stone bridge, as by the said first-mentioned act were authorized to be taken on the said temporary bridge, until the expiration of twelve years, to be computed from the twenty-fourth day of June one thousand seven hundred and seventy-nine, or until such sooner time as the several purposes of the said act of the nineteenth year of his present Majesty's reign should be carried into execution, and the money borrowed upon the credit thereof, with interest, should be repayed; and it was provided and declared, by the said last-mentioned act, that the improvement of the avenues to the said new stone bridge should end at the messuages and premises, then late Oliphant's, at the south abutment of the said new stone bridge:

And whereas the said trustees have duly put the said act in execution, and have, by the money arising from the said tolls and borrowed on the credit thereof, made and opened such avenues, and completed such other works within the limits prescribed by the said last-mentioned act, as were adjudged necessary for the safety and accommodation of the public; but the south avenue to the said new stone bridge, beyond the premises late Oliphant's, in the town of Gateshead aforesaid, is inconvenient and dangerous to passen­gers, by reason of the great declivity of the street there, called the Bottlebank, over which the high road leading from the city of Durham to the said bridge lies, though the same is capable of being rendered both safe and commodious:

And whereas it will be of great public utility to effect the improvement of the said south avenue to the said bridge; but in regard that the said trustees appointed by the said act of the nineteenth year of his present Majesty's reign, are thereby restrained from making any improvement beyond the said premises late Oliphant's, and such intended improvements of the said south avenue cannot be effectually made, unless the said tolls are further continued, and the terms and powers of both the said acts enlarged: May it therefore please your Majesty, that it may be enacted, and be it enacted, by the King's most excellent Majesty, by and with the advice and consent of the lords spiritual and [Page 575] temporal, and commons, in this present parliament assembled, and by the authority of the same, that the term of twelve years granted by the said last-mentioned act shall be, and the same is hereby declared to be, enlarged and continued for the further term of twelve years, to be reckoned and computed from the expiration of the said term of twelve years.

And, in order that the several powers and authorities, necessary to be exercised in effect­ing the several purposes herein mentioned, may be the better understood and more easily executed, be it further enacted by the authority aforesaid, that instead of the several clauses, provisions, powers, tolls, penalties, forfeitures, matters, and things, which are contained in the said former acts of the twelfth and nineteenth years of his present Majesty's reign, this present act of parliament and the several clauses, provisions, powers, tolls, penalties, forfeitures, matters, and things herein contained, shall commence and take place, and shall be put in execution immediately after passing this act; and the same shall from thenceforth be and continue in force for and during the residue and re­mainder of the said term of twelve years, granted by the said act of the nineteenth year of his present Majesty's reign; and from and after the expiration thereof, for and during the further term of twelve years, for the purpose of improving the said south avenue to the said new stone bridge, according to the true intent and meaning of this act.

And, in order to secure the money now due and owing on the credit of the said for­mer acts, or either of them, be it further enacted and declared by the authority afore­said, that from and after the passing of this act, this act and the several tolls hereinafter granted and made payable, shall, for and during the residue of the said term of twelve years already granted as aforesaid, and also for and during the said additional term of twelve years hereby granted and continued, be and remain subject and liable to the payment of all sums of money, which at the time of passing this act shall be due and owing on the credit of the said former acts, or either of them, and to the payment of all sums of mo­ney which shall or may hereafter be borrowed on the credit of this present act, together with all interest then due, and which shall or may from time to time hereafter become due and payable for the same respectively.

And, in order to carry the purposes of this act into execution, be it further enacted, that the several persons named and appointed in and by the said act of the nineteenth year of his present Majesty's reign, trustees for putting the same act in execution, and also every other person elected or appointed trustee under the power in the same act contained for that purpose, and also the several persons named and appointed in and by an act of parliament made and passed in the thirteenth year of the reign of his present Majesty, intituled, ‘An Act for enlarging the term and powers of two acts of the twen­tieth and twenty-sixth years of the reign of his late Majesty, for repairing the high road leading from the city of Durham, in the county of Durham, to Tyne Bridge in the said county;’ and also every other person elected or appointed trustee under the power in the same last mentioned act contained, shall be, and they and their successors to be elected in manner hereinafter prescribed, are hereby appointed trustees for effect­ing the purposes of this act, and shall have full power and authority, and are hereby enabled to widen and enlarge the said street called The Bottlebank, by pulling down so much of the houses and buildings on the east side of the said street, and laying the scites thereof into the said street, as will make the said Bottlebank there full forty feet wide from house to house, as far southwards from the said new stone bridge as the street or lane called Hillgate; and from thence to make and open a new street fifty feet wide to extend to the west corner of Gateshead church-yard, and then along by the west side of Gateshead church yard wall to a street or lane called High Church Chair; and from the [...] towards the Bottlebank aforesaid, to within eighty feet from the said Bottlebank; and from thence to extend in a line on the north side of the said intended street to the [Page 576] north-west angle of the said High Church Chair, where the same communicates with the said Bottlebank, and on the south side of the said street in a straight line from the point where the said eighty feet begin, to a point seventy-eight feet south of the said north-west corner of the High Church Chair, so that the said street where it terminates in the Bottlebank may be full seventy-eight feet wide, and also to render the commu­nication between Pipewell Gate and the said Bottlebank, more commmodious by cutting off the corner or angle formed by the houses now or late belonging to Mr. John Marley and Mr. Henry Smith, and laying the scites thereof into the street there; and in order to complete and effect such alterations and improvements, they the said trustees, or any five or more of them, shall, and they are hereby authorized and impowered to treat, con­tract, and agree with all and every person and persons seised of or interested in any lands, messuages, shops, burgages, houses, or tenements which shall be necessary to be pur­chased and taken down in enlarging and widening the said Bottlebank, from the south end of the said bridge to Hillgate aforesaid, and in forming and opening the said in­tended street, for the absolute purchase of so much of such lands, messuages, shops, houses, burgages, or tenements, as shall be thought necessary for the purposes aforesaid, and of their respective interests therein, and also with the said John Marley and Henry Smith, for the absolute purchase of so much of their said respective houses and premises as shall be thought necessary by the said trustees for cutting off the corner or angle thereof as aforesaid, and of their respective interests therein: and that it shall be lawful for all bodies politic or corporate, feoffees, committees, guardians, or other trustees, for and on the behalf of themselves, their heirs and successors, or of any infants, feme-coverts, idiots, lunatics, or other cestuique trusts, and for all other persons whomsoever, who are or shall be seised of or interested in any of the said lands, messuages, shops, bur­gages, houses or tenements, to treat, contract, and agree with the said trustees, or any five or more of them, for the absolute sale thereof, and to convey and assure the same accordingly; and all such contracts, agreements, sales, and conveyances, shall be good, valid, and effectual to all intents and purposes whatsoever, any law or statute to the contrary notwithstanding: and all such bodies politic or corporate, feoffees, com­mittees, guardians, trustees, and other persons so conveying and assuring, shall be and are hereby indemnified for what they shall do in pursuance of this act; but in case any such body politic or corporate, or other person or persons seised of or interested in any such lands, messuages, shops, burgages, houses, or tenements as aforesaid, shall for the space of one calendar month after notice in writing to be signed by any five or more of the said trustees, and given to or left at the dwelling-house or houses, or usual place or places of abode, of such person or persons, or of the head officer of any such body po­litic or corporate, or at the house of the tenant in possession of any such lands, messuages, shops, burgages, houses, or tenements, neglect or refuse to treat, contract, or agree, or by reason of absence or otherwise be prevented from treating, contracting, or agreeing for the sale and conveyance thereof, or shall not produce or make out a clear title thereto, or to his, her, or their estate, or interest therein; then, and in any such case, it shall be lawful for the said trustees, or any five or more of them, to issue a warrant un­der their hands to the sheriff of the county of Durham, thereby requiring and command­ing him to impannel a jury of twenty-four persons, qualified to serve on juries, to appear before the said trustees, or any five or more of them, at such time and place in the said county as shall in such warrant be mentioned; and the said sheriff is hereby required to impannel such jury accordingly; and out of the number of jurymen so im­pannelled, and appearing at the time and place aforesaid, the said trustees, or any five or more of them, are hereby impowered and required to draw by ballot, and to swear, or cause to be sworn, twelve men, to be the jury for ascertaining the value of the said lands, messuages, shops, burgages, houses, or tenements; and in default of a sufficient [Page 577] number of the jurymen so returned appearing, the said sheriff shall take other honest and indifferent men of the standers by, or that can speedily be procured, to attend that service, and be sworn as aforesaid, to make up the said jury to the number of twelve; and all parties concerned shall have their lawful challenges against any of the said jury­men when they come to be sworn, but shall not challenge the array; and the said trustees, or any five or more of them, are hereby authorized and impowered to order or cause the said jury to view the premises in question, in case there shall be occasion, and shall and may use such other lawful ways and means, as well for their own, as for the said jury's better information in the premises, as they shall think fit; and the said trustees are hereby impowered and authorized, by precept under their hands, or the hands of any five or more of them, to summon and call before them and the said jury, any person or persons, in order to be examined as a witness or witnesses upon oath touching the pre­mises; and which oath the said trustees, or any five or more of them, are hereby autho­rized and required to administer: and the said jury, upon their oaths, after such in­formation had as aforesaid, shall assess and find the value of the said lands, messuages, shops, burgages, houses, or tenements, and the sum or sums to be paid to the owner or owners thereof, or person or persons interested therein, according to his, her, and their respective estates and interests; and shall give in their verdict to the said trustees, or any five or more of them, who shall thereupon give judgment for the money so assessed by such jury to be paid to the owner or owners, or person or persons interested as afore­said, according to the verdict of such jury; which verdict and judgment shall be binding and conclusive, to all intents and purposes, against all bodies politic and corporate, and other persons whomsoever; and shall be fairly transcribed on parchment, and signed by the said trustees, or any five or more of them, and shall be forthwith transmitted to the clerk of the peace for the county of Durham, to be carefully preserved amongst the re­cords of the said county; and the same, or a true copy thereof, to be attested by the clerk of the peace of the said county for the time being, under his hand, shall be deemed to be, and shall be received as good and legal evidence in any court of law or equity, and all persons shall and may have recourse to and inspect the same gratis, and may take copies thereof, or extracts therefrom, paying for the same after the rate of two-pence for every seventy-two words contained in each copy or extract.

Provided always, and it is hereby enacted, that fourteen days previous notice of the day, hour, and place of every such impannelling of such jury or juries shall be given, in writing, under the hands of the said trustees, or any five or more of them, to the owner or owners of, or other person or persons interested in, such lands, messuages, shops, burgages, houses, or tenements, or left at his, her, or their place or places of abode, or by public advertisement in one or more of the public news-papers published at Newcastle aforesaid.

And be it further enacted, that upon payment of the money to be agreed upon, or to be assessed and adjudged for the purchase of any such lands, messuages, shops, burgages, houses, or tenements, and of the interest of the owner or owners, or other person or persons to or for whom the same shall be paid, such owner or owners, or other person or persons to or for whom such money shall be so paid, shall and is, and are hereby re­quired to make and execute good and sufficient conveyances and assurances in the law of such lands, messuages, shops, burgages, houses, or tenements, to the said trustees, at the costs and charges of the said trustees; but in case any body politic or corporate, or other person or persons to or for whom any such money shall be so assessed and ad­judged as aforesaid, shall refuse, neglect, or omit to make and execute such conveyance or assurance as aforesaid, being thereunto required by the said trustees, or any five or more of them, by writing under their hands, such money being tendered to be paid to him, her, or them; or in case any body politic or corporate, or other person or persons to whom any such money shall be so adjudged, shall not be able to evince his, her, or [Page 578] their title to the premises in question, or cannot be found; or by reason of any dispute depending in any court of law or equity; or for defect of evidence, or otherwise, it shall not appear to the said trustees what person or persons is or are entitled to the lands, mes­suages, shops, burgages, houses, or tenements in question; then and in any such case it shall be lawful for the said trustees, or any five or more of them, to order the money so assessed and adjudged to remain in the hands of their treasurer, for the use of the party or parties entitled thereto, and to be paid to him, her, or them, on the execution of proper conveyances, or the evincing of the title as the case shall be; and in every such case, and immediately upon such order being made, all the estate, right, title, and in­terest of the body politic or corporate, or person or persons for whose use such money shall be so ordered to remain in the hands of the said treasurer, in or to the several mes­suages, lands, shops, burgages, houses, or tenements, in respect whereof such money shall have been so assessed and adjudged, shall be vested in the said trustees as fully and effectually as if all persons having any estate or interest therein had conveyed the same by any proper and legal conveyances whatsoever: provided always, that in case of retainer of money for want of a proper title to the purchased property being evinced, or from it not otherwise appearing to whom such money shall properly belong, but not in any other case, it shall and may be lawful to and for the said trustees, or any five or more of them, on the application of any person or persons interested in any such money so or­dered to remain in the hands of the treasurer as aforesaid, to place out and invest the same in some of the public funds, or on government securities, in the name or names of any person or persons to be by them named or appointed for that purpose, in trust for such person or persons as shall afterwards appear to be legally entitled thereto.

And be it further enacted, that all money to be paid to any body politic or corporate, feoffees, committees, guardians, or other trustees, for or on the behalf of any infants, lunatics, idiots, feme-coverts, or other cestuique trusts, for or in respect of their several interests in any such lands, messuages, burgages, houses, or tenements as aforesaid, shall be by such body politic or corporate, feoffees, committees, guardians, or other trustees as aforesaid receiving the same, laid out as soon as conveniently may be in the purchase of messuages, lands, or tenements, in fee simple, to be conveyed and assured to them respectively, or to such other person or persons as they shall respectively ap­point on their behalf, to, for, upon, and subject to such and the same uses, trusts, and limitations, as the lands, messuages, burgages, houses, or tenements, so to be pur­chased, shall, at the time when the same shall be so purchased, stand limited, settled, and assured; and in the mean time, and until such purchases or purchase shall be made, such money shall be placed out by such body politic or corporate, feoffees, com­mittees, guardians, or other trustees, in some of the public funds, or on government security; and the interest arising, or to be produced from such funds or security, shall be paid to such person or persons, or applied to and for such uses, intents, and purposes respectively, as the rents and profits of such messuages, lands, burgages, houses, or tenements to be purchased as last-mentioned, in case the same were actually purchased and settled, pursuant to the tenor and true intent and meaning of this act, ought to be paid and applied.

Provided always, and be it enacted by the authority aforesaid, that if such jury shall assess the said lands, messuages, burgages, houses or tenements, at a greater value than the said trustees shall have offered for the same, then the costs and charges of every kind attending the obtaining such assessment by a jury, shall be paid out of the tolls hereby continued and granted; and if the said jury shall not assess the said premises at a greater value than the sum or sums offered for the same by the said trustees, that then the said costs and charges shall be paid by the party or parties refusing to treat or to accept the price [...]o offered by the said trustees as aforesaid.

[Page 579]And be it further enacted by the authority aforesaid, that conveyances of any estate or interest of a feme-covert to the said trustees, or any person or persons in trust for them, by bargain and sale, acknowledged by such feme-covert, and to be duly enrolled in the high court of chancery within six calendar months after the making thereof, shall as effectually and absolutely convey the estate and interest of such feme-covert in the pre­mises, as any fine or fines, recovery or recoveries, would or could do if levied or suf­fered thereof in due form of law; and further, that all bargains and sales whatsoever to be made of any such lands, messuages, shops, burgages, houses, or tenements, as shall be purchased by the said trustees as aforesaid, and to be enrolled as aforesaid, shall have the force, effect, and operation in law, to all intents and purposes, which any fine or fines, recovery or recoveries whatsoever, would have, if levied or suffered by the bar­gainer or bargainers, or any person or persons seised of any estate in the premises, in trust for, or to the use of, such bargainer or bargainers, in any manner or form what­soever.

Provided also, and it is hereby further enacted, that nothing herein contained shall extend, or be construed to extend, to enable or authorize the said trustees to purchase any right of common, or stints upon any common, moor, or tract of waste land, or any town or common fields, which may be appurtenant to any messuages, lands, bur­gages, or tenements, situate within the said town of Gateshead; nor shall any such right of common or stints pass or be conveyed to the said trustees, or any of them, by any assurance or conveyance to be made and executed in pursuance of this act; and in case the whole of any such messuages, lands, burgages, or tenements, to which any such right of common or stints is appurtenant, shall be purchased by and conveyed to the said trustees for the purposes of this act, then, and in such case, such right of com­mon or stints shall immediately, on the execution of such conveyances respectively, be­come a right of common in gross, and shall remain to the vendors or former owners of such respective messuages, lands, burgages, or tenements, in as full and ample a man­ner as if such conveyances had never been made; and in case a part or parts only of any such messuages, lands, burgages, or tenements, shall be so purchased and conveyed as aforesaid, then such right of common or stints shall remain appurtenant to the residue of the said respective messuages, lands, burgages, houses, or tenements, and be held and enjoyed by the respective owners and proprietors thereof, in as full and ample a manner as they respectively would have held and enjoyed the same, in case no such purchases or conveyances of any part or parts thereof respectively had been made.

And be it further enacted, that the said trustees, or any five or more of them, shall and do, and they are hereby authorized and impowered, by and out of the tolls hereby granted, or the money to be borrowed on the credit thereof, to form and make conve­nient for passage, by paving or otherwise, all such ground as shall be added to the said south avenues as aforesaid, or as shall be laid into the said intended street; and the same, when so added to the said south avenue, and laid into the said intended street, and made convenient for passage as aforesaid, shall be deemed and taken as parts of the said public highway or high road leading from the city of Durham aforesaid to Tyne Bridge, and shall be amended and kept in repair as such, and by such ways, and in such manner, as other highways are amended and kept in repair by the laws now in being.

Provided always, and it is hereby enacted, that where it shall be necessary for the purposes of this act, that a part or parts of any messuages, lands, burgages, houses, or te­nements, shall be purchased by and conveyed to the said trustees, and the owners [...] pro­prietors, owner or proprietor of any such messuages, lands, languages, houses, or tene­ments, shall be aminded or desirous to sell, dispose, and convey to the said trustees, for the purposes of this act, the whole of such premises, whereof a part or parts only shall be so required as aforesaid, and of such his, her, or their mind or desire, shall give notice [Page 580] in writing, under his, her, or their hand or hands, or under the hand or hands of his, her, or their attorney or agent, to any five or more of the said trustees; then and in such case the said trustees shall purchase and buy the whole of the same premises, and not any part or distinct parts thereof; and the value of the whole shall be ascertained or assessed as aforesaid, and duly paid or tendered, or ordered to remain in the hands of the treasurer, in manner aforesaid, as the case may happen to require.

And whereas, by reason of the purchases which the said trustees are hereby impowered and required to make by virtue of this act, they may happen to be possessed of some piece or pieces of ground and premises over and above what may be necessary for ef­fecting the improvements hereby directed to be made, or for other the purposes of this act; be it therefore further enacted by the authority aforesaid, that it shall and may be lawful for the said trustees, or any five or more of them, to sell and dispose of such piece or pieces of ground and premises, either together or in parcels, as they shall find most advantageous and convenient, to such person or persons as shall be willing to contract for and purchase the same; and it shall and may be lawful for the said trustees, or any five or more of them, to design, assign, and lay out in what manner any new houses or edi­fices, to be erected upon such piece or pieces of ground so to be purchased, shall be built: provided always, that the monies to arise by sale of such piece or pieces of ground and premises, shall be applied for the respective purposes of this act, and to and for no other use, intent, or purpose whatsoever.

And, forasmuch as it may be necessary to borrow money upon the credit of this act, for the more speedy and effectual carrying into execution the purposes thereof, be it therefore further enacted by the authority aforesaid, that it shall and may be lawful to and for the trustees, or any five or more of them, from time to time, and they are hereby impowered by any deed or deeds, writing or writings, under their hands and seals, to assign over or mortgage the tolls hereby continued and granted, or any part or parts thereof, for securing the repayment of any sum or sums of money so by them to be borrowed, with interest; and that the said trustees shall, in the first place, pay and dis­charge all expences incurred in and about procuring and passing this act; and the re­mainder of the money so raised, shall be applied according to the true intent and mean­ing of this act, and not otherwise.

And be it further enacted, that the said trustees, or any five or more of them, shall meet at the house known by the sign of the George and Dragon, in the town of Gateshead aforesaid, on the third Monday next after the passing of this act, and proceed to put the same in execution; and shall then, and from time to time afterwards, adjourn them­selves to meet at the same place, or at such other place or places in the said town of Gateshead, as they the said trustees, or any five or more of them, shall think proper, for the purposes of this act; and if there shall not appear, at any meeting, a sufficient number of trustees to act, or to adjourn to another day, or in case the trustees at any time assembled shall not adjourn themselves, the clerk to the said trustees shall adjourn the meeting to such time as he shall think fit, not exceeding twenty-one days from the time of the last default, and shall give notice thereof, by advertising the same in some or one of the Newcastle papers; and in case no adjournment, notice, or appointment for meeting, shall be made or given by the clerk, then it shall be lawful for any five or more of the said trustees to cause notice to be given in manner aforesaid, appointing the trustees to meet at such time as the said five or more trustees shall think proper, not exceeding twenty-one days, nor less than eight days from the time of advertising such notice.

Provided always, that no meeting of trustees for putting this act in execution shall be held any where but at some place or places within the said town of Gateshead; and all orders and determinations of the trustees in the execution of this act shall be made at [Page 581] meetings to be held in pursuance of this act, and not otherwise, and shall be made by the major part of the trustees then present, the number present and concurring no being less than five.

Provided always, that no order made by the major part of the said trustees so met as aforesaid, shall be revoked or altered, unless twenty-one trustees shall be present, and the major part of them concur therein at a meeting to be held for that purpose; and that such trustees as are justices of the peace may act as justices in the execution of this act, notwithstanding their being trustees, except in cases where they shall be personally interested; and in all cases where the trustees are authorized to examine any person or persons on oath, it shall be lawful for such trustees to administer such oath.

And be it further enacted, that the said trustees, or any five or more of them, shall and may appoint one or more clerk or clerks, treasurer or treasurers, collector or col­lectors, and other officers; and from time to time afterwards, when they shall think fit, remove any such clerks, treasurers, collectors, and other officers; or when any of them shall die, or resign their office, they the said trustees, or any five or more of them, shall and may, by writing under their hands, appoint one or more fit person or persons to be their clerk or clerks, treasurer or treasurers, collector or collectors, in the room of such of the said officers as they shall think proper to remove, or shall die or resign their office, and shall take such security for the due execution of their respective offices as they the said trustees, or any five or more of them, shall think proper; and may, by and out of the money to arise by virtue of this act, allow and pay to such clerks, trea­surers, and collectors, and to such other person or persons as shall be aiding or assisting them in their respective offices, or shall be anyways employed in the execution of this act, such salaries, rewards, and allowances for their respective attendance, care, and service, as to the said trustees, or any five or more of them, shall seem reasonable; and all such officers and persons shall, from time to time, when thereunto required by the said trustees, deliver to such trustees, or to such person or persons as the said trustees, or any five or more of them, shall for that purpose appoint, a true and perfect account, in writing, under their respective hands, of all monies which shall have been by them re­spectively had, collected, or received, and how and to whom and for what purposes the same and every part thereof have been disposed of, together with proper vouchers and receipts for such payments; and all such officers and persons shall, and they are hereby respectively required, to pay all such monies as upon the balance of such account or ac­counts shall appear to be in their hands, to such person or persons as the said trustees, or any five or more of them, shall appoint to receive the same.

And be it further enacted, that no person, who now is or shall hereafter be nominated, elected, or appointed a trustee for the execution of this act, shall be capable of voting upon a vacancy of any office or place of trust held under the said trustees, unless such person shall have attended and been present at some public meeting of the said trustees, and have acted there as a trustee, within the space of twelve calendar months next pre­ceding such vacancy.

And be it further enacted by the authority aforesaid, that the said trustees shall, twice in every year during the continuance of this act, (that is to say) on some day in the first week in January, and on some day in the first week in July, to be appointed, from time to time, by the said trustees, or any five or more of them, at their discretion, cause just and fair accounts, in writing, to be made out and stated, of all and every sum and sums of money received and paid by them or their clerks or officers in the execution of this act, and shall, at each such settlement, state and ascertain the balance due on such accounts; and after the same shall be so made out and adjusted, shall direct such ac­counts to be lodged in such place or places as they, or any five or more of them, shall think proper, in order that the same may be safely preserved and forthcoming whenever [Page 582] any trustee or trustees shall be desirous of inspecting the same, and that fourteen days notice shall be given, in some or one of the Newcastle papers, of every such half-yearly day for exhibiting and adjusting the accounts aforesaid.

And be it further enacted by the authority aforesaid, that in case the said trustees, or any five or more of them, or any person authorized by them, shall, after any lands, houses, edifices, or premises, shall be purchased by them in pursuance of this act, give four calendar months notice in writing to all and every the tenants or occupiers of any such lands, houses, edifices, or premises, which shall be so purchased, to quit or deliver up the possession of such lands, houses, edifices, or premises, at the expiration of such four months, then all and every such tenants or occupiers shall, at the end of such four months after every such notice, peaceably and quietly deliver up the possession of the premises so by him, her, or them respectively occupied, whether upon leases or other­wise, to the person or persons who shall be appointed by the said trustees to take pos­session thereof; and if any person or persons so in possession, shall refuse to give up such possession at the expiration of such four months after every such notice as aforesaid, it shall and may be lawful for the said trustees, or any five or more of them, from time to time, to issue a precept or precepts to the sheriff of the county of Durham, to cause possession thereof to be delivered to such person or persons who shall be in such precept or precepts nominated to receive the same; and the sheriff of the said county of Durham is hereby required to deliver possession, according to such precept or precepts, of the premises therein mentioned, and to levy such costs as shall accrue by means of the issuing and execution of every such precept or precepts, by distress and sale of the goods and chat­tels of any such person or persons who shall have refused to give up such possession as aforesaid, and shall refuse or neglect to pay the same costs.

And be it further enacted by the authority aforesaid, that it shall and may be lawful for the said trustees, or any five or more of them, from time to time, to impose any reasonable fine, not exceeding the sum of five pounds, on the sheriff of the said county of Durham, or his deputy or deputies, bailiffs or agents, who shall make any default in the premises; and on any person or persons who, after being duly summoned, shall not attend, or attending shall refuse to be sworn, or being sworn shall refuse to give evidence; and on any person or persons, summoned and returned on such jury or juries, who shall refuse to be sworn on any such jury or juries, or being sworn thereon shall not give his or their verdict, or shall in any other manner wilfully neglect his or their duty in or touching the premises, contrary to the true intent and meaning of this act; and from time to time to levy such fine or fines, by order of the said trustees, by distress and sale of the offenders goods, together with the reasonable charges of every such distress and sale, returning the overplus (if any) to the owner; and all such sines, which shall be so recovered and received, shall be accounted for and applied towards the purposes of this act.

And be it further enacted, that upon the death or refusal to act of any of the said trustees hereby appointed, or hereafter to be chosen by virtue of this act, it shall and may be lawful to and for the surviving or remaining trustees, or any five or more of them, from time to time, to elect one other person to be a trustee in the room of every trustee so deceased or refusing to act; but notice of the time and place of meeting for such election shall be given in some or one of the Newcastle newspapers, at least fourteen days before every such meeting; and all persons who shall be so elected, are hereby vested with the same powers for putting this act in execution, as the persons in whose places they shall be respectively chosen were vested with; but no person or per­sons shall be capable of being elected a trustee or trustees, unless such person or persons shall actually reside within the county of Durham, or within the town and county of Newcastle upon Tyne.

[Page 583]And be it further enacted by the authority aforesaid, that for and towards raising mo­ney for the purposes of this act, it shall and may be lawful for the said trustees, or any five or more of them, and they are hereby authorized and impowered, to continue the present toll-gate on the said new stone bridge, and to demand and take at the same, for passage over the said bridge, the tolls following: that is to say,

For every coach, chariot, landau, berlin, chaise, calash, or hearse, drawn by six horses, mares, or geldings, the sum of two shillings:

For every coach, chariot, landau, berlin, chaise, calash, or hearse, drawn by four horses, mares, or geldings, the sum of one shilling and six-pence:

For every coach, chariot, landau, berlin, chaise, calash, chair, or hearse, drawn by two horses, mares, or geldings, the sum of one shilling:

For every coach, calash, chaise, or chair, drawn by one horse, mare, or gelding, the sum of six-pence:

For every wain, dray, cart, or carriage, drawn by four horses, oxen, or beasts of draught, and laden with any kind of goods (except coals) the sum of eight-pence:

For every wain, dray, cart, or carriage, drawn by three horses, oxen, or beasts of draught, and laden with any kind of goods (except coals) the sum of six-pence:

For every wain, dray, cart, or carriage, drawn by two horses, oxen, or beasts of draught, and laden with any kind of goods (except coals) the sum of four-pence:

For every wain, dray, cart, or carriage, drawn by one horse, ox, or beast of draught, and laden with any kind of goods (except coals) the sum of two-pence:

For every empty waggon drawn by any number of horses, the sum of six-pence:

For every loaded barrow or sledge drawn by men, the sum of one penny:

For every wain, cart, or carriage, drawn by four horses, oxen, or beasts of draught, and laden with coals, the sum of four-pence:

For every wain, cart, or carriage, drawn by three horses, oxen, or beasts of draught, and laden with coals, the sum of three-pence:

For every wain, cart, or carriage, drawn by two horses, oxen, or beasts of draught, and laden with coals, the sum of two-pence:

For every wain, cart, or carriage, drawn by one horse, or beast of draught, and laden with coals, the sum of one penny:

For every horse, mare, gelding, mule, or ass, laden with any kind of goods (except coals), or unladen and not drawing, the sum of one penny:

For every horse, mare, gelding, mule, or ass, laden with coals, the sum of one half-penny:

For every drove of oxen, cows, or neat cattle, the sum of five-pence per score, and so in proportion for any greater or less number:

For every drove of calves, swine, sheep, or lambs, the sum of two-pence halfpenny per score, and so in proportion for any greater or less number.

And the said trustees, or any five or more of them, are hereby impowered, by any per­son or persons by them thereto authorized, to levy the tolls or duties hereby required to be paid, upon any person or persons who shall, after demand thereof made, neglect or refuse to pay the same as aforesaid, or to deny or hinder any passage over the said bridge until payment thereof; which said tolls and duties shall and may be levied by distress of any horse or horse, or other cattle or goods, upon which such tolls or duties are by this act imposed, or upon any other of the goods and chattels of such person or persons as ought to pay the same; and all such horses, or other cattle or goods, may be detained until such tolls or duties, with the reasonable changes of such distress, shall be paid; and it shall be lawful for the person or persons so distraining, after the space of four days after such distress made, or taken, to sell the cattle, or other goods or chattels so dis­trained, for payment of the said tolls or duties, rendering to the owner or owners thereof [Page 584] the overplus upon demand, after satisfaction of the said tolls or duties, and the reasonable charges in and about making and keeping such distress and sale; but when any person or persons shall have paid the toll by this act granted for the passage of any cattle, beast, or carriage over the said bridge, the same person or persons, upon producing a ticket denoting such payment, shall be permitted to pass over the said bridge with the same cattle, beast, or carriage, toll free, at any time or times during the same day, to be computed from twelve of the clock in one night, to twelve of the clock in the next night; which said ticket, the collector of the tolls is hereby required to give gratis, upon receipt of the toll.

Provided always, and it is hereby enacted, that at the expiration of twelve years, to be computed from the expiration of the said term of twelve years granted and continued by the said act of the nineteenth year of his present Majesty's reign, or at such sooner time as the several purposes of this act shall be carried into execution, and the money borrowed on the credit thereof be repaid, with interest for the same, all the said tolls hereby granted and continued, shall absolutely cease and determine.

And be it further enacted by the authority aforesaid, that it shall and may be lawful for the said trustees, or any five or more of them, from time to time by writing under their hands and seals, to lease the tolls arising by virtue of this act unto any person or persons, for any term not exceeding three years, for the best rent that can be got for the same, payable at such times, and under such conditions, and unto such person or per­sons, as the said trustees, or any five or more of them, shall direct or appoint; and the money arising thereby shall be applied in such manner as the tolls so leased are directed to be applied.

And be it further enacted, that the said tolls hereby granted and continued, or any part thereof, shall not be subject or liable to be assessed to the relief of the poor, or to any other parochial tax, charge, or assessment whatever, any law, statute, or usage to the contrary notwithstanding.

And whereas it will greatly conduce to the public convenience, and to the ease and safety of travellers, if all nuisances and annoyances on such part of the said new stone bridge as is situate in the said county of Durham, and in the several streets, lanes, or avenues leading to the same, and situate within the town of Gateshead, are removed, and for ever in future prevented; be it therefore further enacted, that every person who shall at any time hereafter run, drive, carry, or place on any of the footpaths or foot­ways of the said part of the said bridge, or of the said streets, lanes, or avenues leading to the same bridge, and situate within the said town of Gateshead, or any of them, any wheel, sledge, wheel-barrow, hand-barrow, or carriage, or wilfully ride, drive, or lead any horse or other beast or cattle on such footpaths or footways, or shall kill, singe, scald, or dress any beast, swine, calf, sheep, lamb, or other cattle, on the said part of the said bridge, or in any of the said streets, lanes, or avenues, or if any persons shall make, hoop, cleanse, burn, wash, or scald any cask, or hew or saw, or cause to be hewed or sawn, any stone, wood, or timber, or bind, make, or repair the wheel of any carriage or shoe, bleed, dress, or farry, or turn or drive loose any horse, mare, or gelding, [...] shall bait or cause to be baited, any bull, or permit or suffer any bull-dog or masti [...] dog, unmuzzled, to be at liberty and go at large, or cause or wilfully permit or suffer any swine or other cattle to wander or stray, or shall shew or expose to view any stone horse or stallion on the said part of the said bridge, or in any of the said streets, lanes, or avenues, or shall throw, lay, or place any wood, ashes, rubbist, dirt, du [...]g, ma­nure, or filth, or any other nuisance or annoyance whatsoever, upon the said part of the said bridge, or into any of the said streets, lanes, or avenues, or shall make or at l [...]st in making any fire or fires, commonly called bonfires, or shall burn any cork, wood, or shall set fire to, let off, or throw any squib, serpent, rocket, cracker, fire balloon [Page 585] or other fire work whatsoever, on the said part of the said bridge, or in any of the said streets, lanes or avenues; every person offending in any of the cases aforesaid, shall for every such offence forfeit and pay the sum of ten shillings, over and above such pe­nalties as are inflicted on persons committing any of the aforesaid offences, by any law or statute now in force.

And be it further enacted by the authority aforesaid, that from and after the passing of this act, no person or persons shall, on any pretence whatsoever, set, place, or keep, or cause or wilfully suffer to be set, placed, or kept, any booth, shed, stall, table, shamble, bench, or seat, or any vessel or basket, on the said part of the said bridge, or in any of the said streets, lanes, or avenues, for the sale of any goods, wares, or mer­chandizes, or any other matter or thing, nor shall hang up or expose to sale any goods, wares, or merchandizes, or any other matter or thing, upon any flap, board, crooks, window, or otherwise, so as to obstruct, or incommode any of the foot ways or car­riage ways upon the said part of the said bridge, or in any of the said streets, lanes, or avenues, upon pain of forfeiting, for every such offence, the sum of twenty shillings.

And be it further enacted, that any two or more justices of the peace for the said county of Durham, shall and may, at any time after the passing of this act, cause notice to be given to the respective owners and occupiers of the several houses and buildings situate in any of the said streets, lanes, or avenues, to take down, fill up, remove, alter, or regulate all gutters, shew boards, sign posts, or sign irons, penthouses, shutes, and spouts, standing, being, or projecting in, upon, or into any of the said streets, lanes, or avenues, and to cause such shew boards, sign posts, sign irons, penthouses, shutes, spouts, porches, posts, pales, rails, and steps, to be taken down, removed, and car­ried away, altered, or regulated, or to cause such shew boards, signs, and sign irons, to be fixed or placed against the fronts of the houses, shops, or buildings to which they belong; and also such spouts and shutes, so as to convey by means of such spouts and shutes the water down the side of each house or building, and so into the common ven­nel or drain; and in case the respective owners or occupiers shall refuse or neglect so to do, for the space of twenty-eight days next after such notice shall be given to them re­spectively, which notice shall be given in writing under the hands of any two or more of the said justices, and left at the dwelling house or usual place of abode of such owners or occupiers respectively, it shall and may be lawful to and for the said justices, or any two or more of them, to cause such gutters, shew boards, signs, sign posts, sign irons, porches, penthouses, shutes, spouts, pales, rails, and steps, to be taken down, carried away, altered, regulated, and fixed in manner aforesaid; and the costs and charges at­tending the same shall and may be levied and recovered of the said respective owners or occupiers, in like manner as the penalties in this act enacted or ordained, are directed to be levied and recovered.

Provided always, that so much of such shew boards, signs, sign posts, sign irons, porches, penthouses, shutes, spouts, pales, rails, and steps, as shall not be made use of in the alterations directed by this act, shall be returned to their respective owners, or be left on the spot, or as near as conveniently may be, or in any other convenient place, to be taken away by such owners; and if any person or persons shall, at any time or times after the passing of this act, hang, place, erect, build, or make any gutter, shew board, sign, sign post, sign iron, penthouse, shutes, spouts, porches, pales, rails, or steps, or any bulk, bow window, or projecting window, in any of the said streets, lanes, or ave­nues, or cause the same to be done, every person so offending shall, for every such of­fence, forfeit and pay the sum of five pounds.

Provided nevertheless, that all such occupiers of the said houses, shops, and build­ings, as are tenants at rack-rent, and who shall have paid any of the charges or expences of removing or altering any such projections, annoyances, or incroachments, pursuant [Page 586] to the directions of the said justices, or any two or more of them, are hereby respectively authorized to deduct the same out of the rents payable by them for or in respect of such houses, shops, or buildings; and the respective landlords shall be liable, and are hereby required to allow such deductions accordingly, upon the receipt of the remainder of their rents, any thing herein contained to the contrary notwithstanding.

And be it further enacted, that from and after the passing of this act, it shall and may be lawful to and for the said justices, or any two of them, to remove, or cause to be removed, all shop windows, or other windows, projecting above six inches from the front of the buildings to which they belong, which shall in their judgment occasion any obstruction or annoyance in any of the said streets, lanes, or avenues, and the same to alter in any man­ner they shall think proper and convenient: provided always, that in case any such window already placed or erected, shall be found to project above the space of six inches as afore­said, and shall be adjudged to be an obstruction or annoyance by the said justices, or any two of them, the charge and expence of removing and altering the same shall be detrayed by and out of the tolls hereby granted and continued, and the said trustees are hereby directed and required to pay the same accordingly; but in case any person or persons shall hereafter place or erect any such window, so as to project above the aforesaid space of six inches, and the same shall be adjudged an obstruction or annoyance by the said justices, or any two of them, the charge and expence of altering and removing the same shall be defrayed by the owner or owners, occupier or occupiers, of the building or buildings in which such obstruction or annoyance shall be made; and he, she, or they, making such obstruction or annoyance, shall moreover forfeit and pay the sum of five pounds.

And be it further enacted by the authority aforesaid, that if any waggon, coach, chaise, cart, dray, or other carriage (except common stage waggons, drays, or carts, carrying goods, wares, or merchandizes for hire), be suffered to stand or continue in the said part of the said bridge, or any of the said streets, lanes, or avenues, for the pur­pose of loading or unloading, or any other purpose whatsoever, more than the space of one hour at any one time; or if any waggon, coach, chaise, cart, dray, or other car­riage, be suffered to stand across the said part of the said bridge, or any of the said streets, lanes, or avenues; or if any timber, bricks, stones, slates, hay, straw, wood, faggots, coals, boards, goods, wares, merchandizes, or other materials or things what­soever, be laid or placed, and left to remain in the said part of the said bridge, or in any of the said streets, lanes, or avenues, for any longer time than shall be necessary for putting the same into the houses, yards, or private places of the owners thereof (except for building, taking down, or repairing any houses or tenements); or if any ashes, rub­bish, dung, manure, or filth, or any other [...]sance or annoyance whatsoever, shall be thrown, cast, or laid, and suffered to remain into or in the said part of the said bridge, or any of the said streets, lanes, or avenues, longer than shall be necessary for the load­ing and carrying away the s [...]e [...] then, and in every such case, the owner or driver of every such waggon, coach, cha [...]e, cart, dray, or other carriage (except common stage waggons, dray [...], or [...]art [...], carrying goods, wares, or merchandizes for hire [...]; or the owner of any such [...], bricks, stones, s [...]ates, hay, straw, wo [...]d, faggots, coals, boards, goods, wares, merchandizes, materials, or things; and the person or persons so throwing, casting, or laying, or causing to be thrown, cast, or laid, any such ashes, rubbish, manu [...]e, dung, d [...]rt or filth, nuisance, or annoyance, shall, for every offence in any of the cases aforesaid, for [...] and pay the sum of ten shillings.

And be [...]n further enacted, that all penalties and forfeitures by this act imposed, shall, after conv [...]ction, if not paid upon de [...]and, be l [...]v [...]ed and recovered by distress and sale of the offenders goods and chattels, be warrant unders the hands and seals of any two or more of the justices of the peace in and for the said county of Durham; which warrant [Page 587] such justices are hereby impowered and required to grant upon the conviction of the party or parties offending, by his, her, or their confession, or by the oath or oaths of one or more credible witness or witnesses; and the penalties and forfeitures, when levied or recovered (after rendering the overplus of the money arising from such distress and sale (if any be) on demand, to the party or parties whose goods and chattels shall be so distrained and sold, the charges of conviction and of such distress and sale being first de­ducted) shall, during the continuance of the tolls hereby granted and continued, be paid to the said trustees, and be applied by them in part execution of the powers hereby vested in them; and after the said tolls shall have ceased, then such penalties or for­feitures shall be paid (except so much thereof as shall be by the said justices ordered to be paid to the informer or informers) to or for the use of the poor of the parish of Gateshead, in the said county of Durham; and in case sufficient distress shall not be found, or such penalties and forfeitures shall not be forthwith paid, it shall and may be lawful to and for such justices, and they are hereby authorized and required, by warrant under their hands and s [...]als, to cause such offender or offenders to be committed to the common gaol or house of correction, in and for the said county, there to remain without bail or mainprize, for any time not exceeding two calendar months, nor less than seven days, unless such penalties and forfeitures, and all reasonable charges as aforesaid, shall be sooner paid and satisfied.

And be it further enacted, that the justices of the peace before whom any person or persons shall be convicted of any offence against this act, shall cause the conviction to be drawn up in the following form of words, or in any other words to the same effect; (videlicet)

BE it remembered, that on the day [...] of [...] A. B. is convicted before us, C. D. and E. F. esquires, two of his Majesty's justices of the peace in and for the county of Durham [specifying the offence, and time and place when and where the same was committed, as the case shall be], contrary to the form of the statute in that case made. Given under our hands and seals, the day and year first above written.

Provided always, and be it further enacted, that it shall and may be lawful for the justices of the peace, before whom any offender or offenders shall have been convicted, to mitigate or lessen any of the forfeitures and penalties incurred under this act, so as the mitigation of such forfeitures and penalties do not extend to remit more than one moiety of the said forfeitures and penalties respectively; and that it shall be lawful for the said justices to reward any informer or informers as they shall think proper, out of the penal­ties and forfeitures incurred by this act, so as each reward does not exceed one third of any forfeiture or penalty arising from the respective informations of such informer or in­formers, any thing herein contained to the contrary notwithstanding.

And be it further enacted, that any inhabitant of the said parish of Gateshead shall be deemed and admitted to be a competent witness for the purpose of proving the commis­sion of any offence under this act, notwithstanding the penalty incurred by such offence, or a part thereof, is herein before given to the poor of the said parish of Gateshead.

And be it further en [...]ted, that no proceeding [...] to be had fo [...]ng the conviction of any offender or offenders against this act, or any order made, or other matter or thing to be done or transacted in or relating to the execution of this act, shall be vacated or quashed for want of form only any law of s [...]at [...]te to the contrary notwithstanding.

And be it further enacted, that where any distress shall be made for any penalties or forfeitures to be levied by virtue of this act, [...] itself shall not be deemed un­lawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any default or want of form in any proceedings relating thereto; nor shall the party or parties distraining be deemed a trespasser or trespassers is ab initio, on account [Page 588] of any irregularity which shall be afterwards done by the party or parties distraining; but the person or persons aggrieved by such irregularity, may recover full satisfaction for the special damage in any action or actions on the case.

Provided always, that no plaintiff or plaintiffs shall recover in any action for any such irregularity, trespass, or other proceeding, if tender of sufficient amends shall be made, by or on behalf of the party or parties who shall have committed, or caused to be committed, any such irregularity, trespass, or wrongful proceeding, before action brought; and in case no such tender shall have been made, it shall be lawful for the defendant or defendants, in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he or they shall see fit, whereupon such proceedings, or orders and judgment, shall be had, made, and given, in and by such court, as in other actions where the defendant is allowed to pay money into court.

And be it further enacted, that no action or suit shall be commenced against any per­son for any thing done in pursuance of this act, until fourteen days notice thereof in writing shall be given to the person or persons against whom such action or suit shall be intended to be commenced, or after three calendar months next after the fact committed, for which such action or actions, suit or suits, shall be so brought; and every such action shall be brought, laid, and tried in the county of Durham, and not elsewhere; and the defendant and defendants in such actions or suits, and every of them, may plead the gene­ral issue, and give this act and the special matter in evidence, at any trial or trials which may be had thereupon, and that the matter or thing for which such action or actions, suit or suits, shall be so brought, was done in pursuance and by the authority of this act; and if such matter or thing shall appear to have been so done, or if the plaintiff shall not prove, upon the trial of such action, that such fourteen days notice in writing was given as afore­said, or if it shall appear that sufficient satisfaction was made or tendered as aforesaid, or if any such action or suit shall not be commenced within the time before for that purpose limited, or shall be laid in any other county than as aforesaid, that then the jury or juries shall find for the defendant or defendants therein; and if the plaintiff or plaintiffs, in such action or actions, suit or suits, shall become non-suited, or suffer a discontinuance of such action or actions, or if judgment shall be given for the defendant or defendants therein, then, and in any of the cases aforesaid, such defendant or defendants shall have double costs, and shall have such remedy for recovering the same, as any defendant or defendants may have for his, her, or their costs in any other cases by law.

And be it further enacted, that no evidence shall be permitted to be given by the plaintiff, on the trial of any such action as aforesaid, of any cause of action, except such as is contained in the notice hereby directed to be given.

And be it further enacted, that this act shall be deemed, adjudged, and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same.

(28 Geo. III. 1788.)

APPENDIX, P. 83.

JACOBUS Dei gratia Anglie Scotie Francie & Hibernie Rex Fidei Defensor &c. omnibus ad quos presentes litere pervenerint salutem. Cum in villa Novi Castri super Tinam in vico de le Westgate vulgariter vocato The West Spitle ibidem quod­dam [Page 589] hospitale a diu extitit vulgariter nuncupat' Hospitale Sancte Marie Virginis de cujus fundatore certò non constat. Quod quidem hospitale per idem tempus constitit de uno magistro et sex fratribus pauperibus Qui quidem magister et fratres hospitalis predicti diversas terras tenementa prata pasturas libertates et privilegia ad sustentacionem pauperum ibidem in puram et perpetuam elemosinam habuerunt et tenuerunt. Cum­que quidam Johannes Raynes nuper magister hospitalis predicti nuper in rebellione illa in partibus borealibus hujus regni Anglie gaole sive prisone de Dunelm' commissus erat (ratione cujus) carte concessiones & litere patentes concernantes fundationem et dota­tionem hospitalis predicti amisse sunt aut senio aut aetate corrupte consumpte et putre­facte sunt et existunt. Cumque quedam persone nuper conat' sunt statum dicti hospi­talis prorsus divertere aut saltem labefactari ac terras tenementa et possessiones ejusdem vel eorum aliqua ad relevamen pauperum in eodem hospitali pro tempore existent' reli­giose et pie dat' et concessa ad privatum suum commodum transferre. Ac quò magis predictos conatus et intentiones suas ad effectum producere possint dicti hospitalis terras tenementa et hereditamenta pred' sub titulo et jure nostro sibi ipsis acquirere laboravêre. Nos charistiva et pia opera bonorum et piorum hominum favere et manutenere cupi­entes et nolentes quod per nos aut in nostro jure vel sub obtentu nominis nostri damnum vel detrimentum pauperibus et egenis inferetur ac penitus detestantes ex redditu aut aliis quibuscumque ad hujusmodi usus destinatis ditari Volentes insuper et ex abun­dantiori gratia jus titulum et demand' nostra quecunque que habemus aut habere pote­rimus in premissis liberè et gratiosè conferre et extendere ad fortificationem munimen­tum & stabilimentum hospitalis predicti de gratia nostra speciali ac ex certa scientia et mero motu nostris voluimus ac per presentes pro nobis et successoribus nostris concedi­mus quod predict' nospitale sive domus scituata et existens in vico de le Westgate vul­gariter vocat' The West Spittle in villa Novi Castri super Tinam predict' de cetero in perpetuum sit erit et permaneat hospitale pauperum pro sustentacione relevamine et ma­nutencione pauperum et quod dict' hospital' de cetero in perpetuum erit aut esse possit et consistet de uno magistro et sex viris pauperibus in eodem hospitale imperpetuum inve­niendis et sustentandis Et quod dict' hospital' deinceps in perpetuum vocabitur Hospi­tale Sancte Marie Virginis in villa Novi Castri super Tinam et quod de cetero in perpe­tuum sit et erit in dicto hospitali unus homo qui erit ad minus in artibus magister qui erit et vocabitur Magister Hospitalis Sancte Marie Virgins in villa Novi Castri super Tinam ac omnium terrarum tenementorum reddituum hereditamentorum bonorum et catellorum ejusdem hospitalis. Quodque de ceterò perpetuis futuris temporibus sint et erunt in eodem hospitali sex pauperes et egeni viri celebes aut innupti provec [...]e aetatis ibidem sustentandi manutenendi et relevandi qui similiter vocabuntur Fratres Hospita­lis Sancte Marie Virginis in villa Novi Castri super Tinam. Ac pro meliori performa­tione concessionis nostre in hac parte elegimus nominamus assignamus & constituimus ac per presentes pro nobis heredibus & successoribus nostris eligimus nominamus assig­namus & constituimus dilectum nobis in Christo Henricum Ewbancke sancte theologie professorem capellanum nostrum et subdecanum Dunelmensem sore et este primum et modernum magistrum dicti hospitalis ac terrarum tenementorum reddituum possessionum reventionum bonorum et cattallorum ejusdem hospitalis ibidem remansurum durante vita naturali. Et ulterius de uberiori gratia nostra speciali et ex certa scientia et mero motu nostris eligimus nominamus assignamus et constituimus dilectos nobis Ni [...]holaum Cheator Ricardum Wouldhave Johannem Young Alexandrum Cowtherd Laurentium Jameson et Petrum Richardson fore et esse primos et modernos fratres ejusdem hospi­talis ibidem remansuros sustinendos et relevandos durantibus vitis su [...]s naturalibus. Et ut hec pia et charistiva intencio nostra meliorem capiat effectum ac ut terre tenementa bona catella et hereditamenta ad manutencionem hospitalis predicti ac magistri ac fra­trum in eodem hospitali de tempore in tempus relevand' et sustentand' melius dari con­ceci [Page 590] perqui [...]i et posside [...]i possint voluimus ac pro nobis heredibus et successoribus nostris de consimili gratia nostra speciali certa scientia et mero motu nostris concedimus ordina­mus & constituimus quod idem magister et fratres hospitalis predicti et successores sui sint et erunt de cetero in perpetuum unum corpus corporatum et politicum de se in re facto et nomine per nomen Magistri et Fratrum Hospitalis Sancte Marie Virginis in villa Novi Castri super Tynam et ipsos magistrum et fratres et successores suos per nomen Ma­gistri et Fratrum Hospitalis Sancte Marie Virginis in villa Novi Castri super Tynam in­corporamus unum corpus corporatum et politicum per idem nomen in perpetuum du­raturum realiter et ad plenum pro nobis heredibus & successoribus nostris erigimus faci­mus ordinamus constituimus et stabilimus firmiter per presentes quod per idem nomen Magistri et Fratrum Hospitalis Sancte Marie Virginis in villa Novi Castri super Tynam perpetuis futuribus temporibus vocabuntur appellabuntur et nominabuntur Et quod per idem nomen Magistri et Fratrum Hospitalis Sancte Marie Virginis in villa Novi Castri super Tynam sint et erunt perpetuis futuris temporibus persone habiles et in lege capaces ad habendum perquirendum recipiendum et possidendum maneria messuagia terras tenementa prata pascua pasturas redditus reverciones et remaneria et alia heredi­tamenta sibi et successoribus suis in perpetuum tam de nobis heredibus et successoribus nostris quam de aliqua alia persona seu de aliquibus aliis personis quibuscunque quam etiam bona et catalla ad sustentationem manutentionem et relevamen hospitalis predicti ac magistri ac fratrum ibidem de tempore in tempus degentium et sustentandorum. Vo­lumus etiam ac per presentes pro nobis heredibus et successoribus nostris concedimus prefatis magistro et fratribus hospitalis predicti et successoribus suis quod ipsi et successo­res sui in perpetuum habeant commune sigillum pro causis et negotiis suis et successo­rum suorum concernen' hospital' predict' et quod bene liceat et licebit iisdem magistro et fratribus hospitalis predicti et successoribus suis sigillum illud ad libitum suum de tempore in tempus frangere immutare et de novo facere prout iis melius fieri et fore vi­debitur et quod predicti magister et fratres hospitalis et successores nomine Magistri et Fratrum Hospitalis Sancte Marie Virginis in villa Novi Castri super Tynam placitare et implacitari respondere et responderi prosequi defendere et defendi possint et valeant in quibuscunque singulis causis querelis sectis et actionibus quibuscunque cujuscunque nature seu generis fuerint in quibuscunque curiis locis aut placeis nostris et heredum et successorum nostrum ac in curiis locis aut placeis aliorum quorumcunque coram quibus­cunque judicibus justiciariis & commissionaribus nostris heredum & successorum nos­trum et aliorum quorumcunque infra hoc regnum nostrum Anglie et alibi. Et ad ea omnia et singula alia quecunque facienda agenda et consequenda per nomen predictum in tam amplis modo et forma prout alii persone legei nostri persone habiles et in lege ca­paces infra regnum nostrum Anglie faciant et facere valeant aut possint in curiis locis & placeis predictis ac coram judicibus justiciariis & commissionariis predictis. Et ulteri­us volumus et concessimus et ordinamus ac per presentes pro nobis heredibus et succes­soribus nostris volumus concedimus et ordinamus quod cum et quoties in posterum con­tingat magistrum hospitais predicti pro tempore existentem obire vel ab officio magis­tri hospitalis predicti pro aliqua causa ob quam juxta ordinationem provisionem & con­stitutionem pro regimine & gubernatione et directione hospitalis predicti ante hec fact' seu in posterum fiend' seu aliquo alio quocunque modo ab eodem hospitali amoveri vel ab inde totaliter sponte recedere quod tunc et totiens major et burgenses ville Novi Cas­tri super Tinam pro tempore existentes aliam idoneam personam ad minus in artibus magistrum in loco hujusmodi magistri sic discedentis amoti seu totaliter recedentis infra tempus conveniens proximum post decessum amotionem seu recessionem istius sequens nominabit constituet admittet et in realem possessionem inde ponet. Et preterea volu­mus quod cum et quotiens contingat in posterum aliquem vel aliquos eorundem fratrum hospitalis predicti obire vel ab hospitali predicto amotum fore pro aliqua causa ob quam [Page 591] juxta ordinationem provisionem et constitutionem pro regimine gubernatione et direc­tione hospitalis predicti ante hec factas seu in posterum faciendas seu aliquo alio quocun­que modo ab eodem hospitali amoveri vel ab inde sponte totaliter recedere quod tunc et totiens magister hospitalis predicti pro tempore existen' alium sive alios idoneas per­son is sive personam in locum five loca hujusmodi fratris vel hujusmodi fratrum sic de­cedentium amotorum seu totaliter recedentium infra quatuordecem dies proxime sequen­tes post decessum amotionem seu recessum illius nominabit constituet admittet et in realem possessionem inde ponet. Ac ulterius declaramus et significamus per presentes quod ma [...]or et burgenses ville Novi Castri super Tynam pro tempore existenti et succes­sores sui sint et erunt veri et indubitati patroni ejusdem hospitalis et quod habebunt de tempore in tempus presentationem nominationem et institutionem magistri hospitalis predicti toties quoties officium five locum magistri hospitalis predicti vacaverit per mor­tem sessionem resignationem deprivationem vel aliter in tam amplis modo et forma prout major et burgenses ville predicte antehac habuerunt usi et gavisi fuerunt sive debuerunt Volumus etiam ac per presentes pro nobis heredibus et successoribus nostris concedimus quod major et burgenses ville Novi Castri super Tynam pro tempore existenti et succes­sores sui de tempore in tempus revisent examinabunt et perscrutabunt antiqua statuta jura ordinaciones et constitutiones hospitalis predicti ac tot ac talia eorundem antiquorum staturorum ordinationun & constitutionum quot qualia quatenus eadem sunt repugnantia aut contraria legibus & statutis hujus regni nostri Anglie solumodo penitus expurgare de­lere et obliterare ea intentione ut posthac in usu et executione non ponantur, ac etiam fac re et const [...]tuere tot tanta talia hujusmodi alia bona idonea et salubria statura jura ordinationes et constitutiones scripto tam concernentes divina servicia de die in diem in predicto hospitali in honorem Dei celebranda quam concernentes gubernationem magis­tri et fratrum in hospitali predicto relevand' quot quanta qualia et que per predic­tum majorem & burgenses Novi Castri super Tynam pro tempore existen' bona utilia idonea & salubria videbuntur non existentia contraria repugnantia seu derogantia anti­quis statutis ordinationibus & constitutionibus dicti hospitalis ante hec factis quatenus hujusmodi antiqua statuta ordinationes & constitutiones non sint vel erunt contraria nec repugnantia legibus vel statutis hujus regni nostri Anglie eadem omnia et singula sive eorum al quot vel aliqua sic de novo facta vel facienda secundum veram intentionem harum literarum patentium revocare mutare determinare augmentare altera [...]e vel de novo facere prout iis de tempore in tempus melius videbitur expedire. Que quidem statuta jura ordinationes [...]e constitu [...]ones sic in posterum ut prefertur facienda volumus conced mus ac per pres [...]tes [...] [...]er [...]di [...], et successoribus nostris firmiter pre­cipimus et manda [...]us inviolab [...] [...] [...]ri t [...]neri et performati de tempore in tempus in futurum, ita tamen quod ejusmodi sta [...]uta jura ordinationes et constitutiones sicut prefertur facienda cons [...]nda et ord [...]na [...]a aut corum aliquod vel aliqua non sint con­traria aut [...]epugnantia legibus aut stat [...]tis [...] regni nostri An [...]lie vel antiquis statutis ordinationibus & const [...]u [...]tionbus [...] quatenus cad [...]m antiqua statuta ordi­naciones & constitutiones [...] hosp [...] non [...]int constatia ne [...] repugnantia legibus aut statut [...] hujus reg [...] [...] a [...]conc [...]ls [...]us et per presentes pro nobis heredibus [...] nostris [...] et conceci [...]s presatis magistro et fratribus hospit' S. M [...] [...] villa Novi Castri super Tynam predict' et suc­cessoribus suis [...]nperpe [...] totum [...] sp [...]ale five rep [...]tum hospitale ante hec com­muniter vocatum [...] in villa Novi Castri super T [...]nam in vico de le Westgate vulg [...] [...]' The West Sp [...]le sive per quodcunque aliud no­men sive nomina quecunque arte hac vo [...]tum five co [...]tum suit necnon omnia ma­neria rectorias messuagia [...] is tenementa prat [...] pasc [...] pastures redd [...] reventiones re­maneria et heredita [...]a qu [...]cunque cum [...] & singulis corum [...]tumentus uni­versis de quibus reputatus magister hospitalis predicta [...] predecessore [...] vel corum ali­quis [Page 592] vel aliqui per spatium sexaginta annorum ultimum elapsorum ante datum harum li­terarum patentium de facto saltem si non jure habuerunt perciperunt vel gavisi fuerunt annuales redditus reventiones seu proficu' quiete et absque disturbatione. Ac etiam omnia et singula messuagia molendina domos edeficia structuras horrea stabulum colum­baria hortos pomaria terras tenementa prata pascua pasturas campos brueria moriscos boscos suboscos decimas fructus proficua comoditates advantagia emolumenta heredita­menta redditus reversiones servicia pensiones portiones jura jurisdictiones libertates pri­vilegia proficua commoditates et advantagia emolumenta & hereditamenta nostra quecun­que cum suis juribus membris et pertinentiis universis cujuscunque sunt generis nature seu speciei seu quibuscunque nominibus sciantur seu censeantur nuncupantur seu cog­noscantur scituat' jacen' et existen' provenien' crescen' renovan' contingen' emergen' in­fra villam campos locos parocos sive hamletos predict' vel alibi ubicunque predict' nu­per hospitale vel reputat' hospital' ob aliquod tempus ante hec spectan' pertinen' inciden' vel appenden' aut ut membr' part' vel parcellum ejusdem nuper hospitalis unquam ante hac cognitum habitum acceptum occupatum usitatum demissum locatum seu gavisum existen' Nec non revertionem et revertiones remaneria quecunque omnium et singulo­rum premissorum et cujuslibet inde percelle dependen' vel expertan' de in vel super ali­quam dimissionem vel concessionem pro termino vel terminis vite vel vitarum vel anno­rum aut aliter de premissis superius per presentes per concessionem seu de aliqua inde parcella fact' existen' de recordo vel non de recordo ac reddit' & annualia proficua que­cunque omnium & singulorum eorundem premissorum et cujuslibet inde parcelle. Vo­lumus etiam ac per presentes pro nobis heredibus & successoribus nostris concedimus prefatis magistro & fratribus hospitalis predicti et successoribus quod ipsi et successores sui de cetero in perpetuum habeant teneant gaudeant ac habere tenere et gaudere va­leant et possint infra omnia et singula premissa superius per presentes preconcessa et in­fra quamlibet inde parcellam deinceps nuperrime tot tanta talia eadem hujusmodi & consimilia jura jurisdictiones franches' consuetudines privilegia libertates proficua com­moditates advantagia possessiones emolumenta et hereditamenta quecunque quot quanta qualia et que ac adeo plene libere et integre ac in tam amplis modo et forma prout aliqui magistri et fratres dicti nuper hospitalis aut aliquis alius aut aliqui alii premissa superius per presentes preconcessa unquam antehac habentes possidentes aut seisiti inde existentes habent aut possident aut seisitus inde existens habuit tenuit vel gavisus fuit aut unquam tenuerunt habuerent vel gavisi fuerunt seu habere tenere uti vel gaudere debuerunt aut debuit in premissis superius per presentes preconcess' aut in aliqua inde parcella ratione vel pretextu alicujus charte doni vel concessionis vel confirmationis per nos seu per ali­quem progenitorum nostrum nuper regum vel reginarum Anglie antehac habit' fact' concess' seu confirmat' aut ratione vel pretextu alicujus legitime proscriptionis usus seu consuetudinis antehac habit' seu usitat' aut alio quocunque legali modo jure seu titulo ac adeo plene libere et integre ac in tam amplis modo et forma prout nos aut aliquis pro­genitorum nostrorum predict' terras et tenementa et cetera omnia et singula premissa su­perius per presentes preconcessa aut aliquam inde parcellam habuimus et gavisi fuimus aut habuerunt tenuerunt vel gavisi fuerunt aut habere debuerunt aut debuit ac adeo plene libere integre ac in tam amplis modo et forma prout ea omnia et singula premissa supe­rius per presentes preconcess' aut aliqua inde parcella ad manus nostras seu ad manus ali­quorum progenitorum sive antecessorum nostrum nuper regum vel reginarum Anglie ra­tione vel praetextu dissolut' sursum reddit' alicujus nuper monasterii abbie vel prioratus aut ratione vel pretextu alicujus actus parliamenti vel aliquorum actuum parliamentorum aut ratione escheat' seu quocunque alio legali modi jure seu titulo devenerunt seu deve­nire debuerunt habendum tenendum et gaudendum predicta hospital' terras tenementa pascua pasturas redditus revertiones remaneria ac cetera omnia et singula premissa supe­rius per presentes preconcessa cum eorum pertinentiis universis prefatis magistro & fratri­bus [Page 593] Hospitalis Sancte Marie Virginis in villa Novi Castri super Tinam & successoribus suis in perpetuum ad solum et proprium usus et usum eorundem magistri et fratrum Hos­pitalis Sancte Marie Virginis in villa Novi Castri super Tinam predict' et successorum suorum in perpetuum tenendum de nobis heredibus & successoribus nostris in liberam puram et perpetuam elemosinam in perpetuum reddendum inde annuatim nobis he­redibus & successoribus nostris tresdecim solidos et quatuor denarios legalis monete Anglie ad manus generalis receptoris nostri comitatus palatini Dunelmensis pro tempore existenti ad festum Sancti Michaelis Archangeli annuatim in perpetuum prout antea no­bis et progenitoribus nostris pro iisdem premissis preantea reddit' et solut' fuit pro omni­bus aliis redditibus serviciis exactionibus et demandis quibuscunque proinde nobis here­dibus vel successoribus nostris quoquomodo reddend' solvend' vel faciend'. Et ulterius de ampliori gratia nostra speciali ac ex certa scientia et mero motu nostris pro nobis he­redibus & successoribus nostris dedimus concessimus perdonavimus remisimus relaxavi­mus exoneravimus et confirmavimus ac per presentes damus concedimus perdonamus et remittimus relaxamus exoneramus et confirmamus prefatis magistro et fratribus hospita­lis predicti et successoribus suis et omnibus aliis tenentibus et occupatoribus premissorum superius per presentes preconcessa et cujussibet inde parcell' omnes intrusiones intrationes & ingressus de in et super premissa seu aliqua inde parte seu parcella antehac habit' vel fact' ac etiam omnia et singula exitus fines redditus reventiones fructus annuatim proficue et arrearagia quecunque omnium et singulorum premissorum superius per presentes pre­concessa et cujuslibet inde parcelle quoquomodo ante datum harum literarum nostrarum patentium hucusque proveniend' crescend' accedend' incursant' sive solubilia ac om­nia arrearagia inde. Et ulterius de ampliori gratia nostra speciali ac ex certa scientia et mero motu nostris volumus ac per presentes pro nobis heredibus et successoribus nostris concedimus prefatis magistro & fratribus hospitalis predicti et successoribus suis dimittere locare et ad firmam tradere omnia et singula messuagia firmas terras et tenementa cum pertinentiis eidem hospitali sive reput' hospitali antehac spectantia sive pertinentia que antehac usualiter dimissa fuerunt pro termino viginti unius annorum vel trium vitarum in possessione et non pro ulteriori statu vel termino et hoc pro et sub meliori rationabili red­ditu pro inde reservando et reddendo Et ulterius de ampliori gratia nostra speciali ac ex certa scientia et mero motu nostris volumus & per presentes concedimus prefatis magis­tro & fratribus hospitalis predicti & successoribus suis quod nos heredes & successores nostri in perpetuum annuatim et de tempore in tempus exonerabimus acquietabimus & indempnes conservabimus tam dictum magistrum & fratres suos & successores suos quam omnia et singula predicta terras tenementa & hereditamenta superius per presentes precon­cessa et quamlibet inde parcellam cum corum pertinentiis universis versus nos heredes & successores nostros de et ab omnibus & omnimodis corrodiis redditibus annuitatibus pentionibus porcionibus denarior' summis ac oneribus quibuscunque de premissis supe­rius per presentes preconcessis seu aliqua inde parcella nobis heredibus & successoribus nostris quoquomodo excuntibus seu solvendis vel super inde versus nos heredes & succes­sores nostros oneratos seu onerandos preterquam de predicto annuali redditu superius per presentes reservato Volentes insuper et per presentes pro nobis heredibus & successo­ribus nostris sirmiter injungentes & precipientes tam thesaur' cancellar' baronibus scacca­rii nostri quam omnibus & singulis receptoribus et aliis ossiciar' & ministris nostris here dum et successorum nostrorum quibuscunque pro tempore existen' quod ipsi et corum quilibet super solam demonstrationem harum literarum nostrarum patentium vel irrotula ment' earundem absque aliquo alio brevi seu warranto a nobis heredibus vel successori­bus nostris quoquomodo impetrand' seu prosequend' plenam integram debitamque allo­cationem & exoneracionem manifest' de et ab omnibus & singulis hujusmodi corrodii, reddit' annuitatibus pencionibus porcionibus & denariorum summis ac oneribus quibus­cunque preter predict' annual' redditum reservatum presatis magistro & fratribus hospi­talis [Page 594] pred' et successoribus suis facient et de tempore in tempus fieri causabunt Et he litere nostre patentes vel irrotulamen' earundem erunt annuatim et de tempore in tempus tam dict' thesaurar' chancellar' & baronibus dicti scaccarii nostri heredum & successorum nostrum quam omnibus & singulis receptor' auditor' et aliis officiariis et ministris nostris heredum et successorum nostrorum quibuscunque pro tempore existenti sufficien' warren­tum et exoneracio in hac parte Volumus etiam ac per presentes concedimus prefatis magistro et fratribus hospitalis predict' et successoribus suis quod he litere nostre presen­tes vel irrotulament' earundem erunt in omnibus et per omnia firme valide bone suffici­entes et effectuales in lege et contra nos heredes & successores nostros tam in omnibus cu­riis nostris quam alibi infra regnum nostrum Anglie absque aliquibus confirmationibu­licentii & tolerantionibus de nobis heredibus vel successoribus nostris quoquomodo in pos­terum procurandis aut obtinendis Non obstante male nominand' vel male recitand' aut non recitand' predictas terras tenementa et cetera premissa superius per presentes preco [...] ­cessa aut aliquam inde parcellam Et non obstante inveniendis officiis & inquisitationi­bus premissorum aut alicujus inde parcelle per que titulus noster invenire debuit ante con­fectionem harum literarum nostrarum patentium Et non obstante male recitand' m [...] nominand' seu non nominand' aliquam dimissionem sive concessionem de premissis vel de aliqua inde parcella factam et existentem de recordo aut non de recordo Et non ob­stante male nominand' vel non nominand' aliquam villam hamlet parochiam locum vel comitatum quibus premissa vel aliqua inde parcella existunt vel existit Et non obstante quod de nominibus tenentium firmariorum five occupatorum premissorum aut alicujus inde parcelle plena vera et certa non sit mentio Et non obstante aliquibus defectibus de certitudine vel computatione aut declaratione veri annui valoris premissorum aut ali­cujus inde parcelle aut annualis redditus reservati de et super premissis vel de et super aliqua inde parcella in hisce literis nostris patentibus expressis et content' Et non ob­stante statuto in parliamento Domini Henrici nuper Regis Anglie sexti antecessoris nos­tri anno regni sui decimo octavo facto et edito Et non obstante statuto de terris et te­nement' ad manum mortuam non ponendis Et non obstante statuto in parliamento Domini Edwardi nuper Regis Anglie sexti antecessoris nostri anno regni sui primo facto et edito Et non obstantibus aliquibus defectibus in non recte nominando naturam ge­nera species et quantitates premissorum aut alicujus inde parcelle co quod expressa men­tio de vero valore aut de aliquo alio valore vel de certitudine premissorum five corum alicujus aut de aliis donis five concessionibus per nos five per aliquem progenitorum five antecessorum nostrorum prefatis magistro & fratribus hospitalis predicti ante hec tempora factis in presentibus minime fact' existit aut aliquo statuto actu ordinatione promissiore proclamatione five restrictione in contrarium ante hec habit' fact' edit' ordinat' five provi [...] aut aliqua alia re causa vel materia quacunque in aliquo non obstante. In cujus [...]e [...]l timonium has literas nostras fieri patentes [...]cimus. Teste merpso apud Westmo [...]ste­tium vicesimo septimo die Maii anno regni nostri Anglie Fran [...]e et Hibernie no [...] Scotie quadragesimo quarto."—(From a copy in Grey' [...] MS. Collections.)

APPENDIX, P. 122. An Act to enable the Vicar of the parish church of St. Nicholas, in the town and county of the town of Newcastle upon Tyne, to demise or lease part of the land belonging to the said vicarage, to William Lowes, Esquire, for the purposes, and upon the conditions in such lease to be mentioned. A. D. 1774.

WHEREAS the Reverend Richard Fawcett, doctor in divinity, is vicar of the vicar­age and parish church of St. Nicholas, in the town and county of the town of New­castle upon Tyne, in the diocese of Durham; and the right Reverend Edmund Lord Bishop of Carlisle, in right of his church and see of Carlisle, is patron of the said vicarage:

And whereas the said Richard Fawcett, in right of his said vicarage, is seised of a parcel of ground situate in the said town, bounding upon a street there called Westgate-Street, on or towards the south; upon a parcel of ground belonging to John Ward, Esquire, on or towards the west; and upon certain yards or gardens belonging to divers other persons, on or towards the north:

And whereas the western part of the said ground belonging to the said vicar, is, in its present state, of little or no use to the said vicarage; but is conveniently situated for building upon:

And whereas William Lowes, of the town and county of the town of Newcastle upon Tyne aforesaid, Esquire, is willing and desirous to take a lease of part of the said vicar­age ground; that is to say, forty-two yards thereof in breadth, eastward from the said ground belonging to the said John Ward, Esquire; and seventy-nine yards thereof in length, northwards from the said street called Westgate-Street, for the purpose of build­ing upon:

And whereas the leasing of the said quantity of vicarage land for such purpose, will be a manifest advantage to the said vicarage; and the Right Reverend John Lord Bishop of Durham, the ordinary of the same vicarage, and the said Lord Bishop of Carlisle, the patron of the said vicarage, are consenting thereto; but as such lease cannot be made ef­fectual without the authority of parliament, May it please your Majesty, that it may be enacted; and be it enacted 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 same, that from and after the passing of this act it shall be lawful for the vicar of the said vicarage and parish church of Saint Ni­cholas, in the town and county of the town of Newcastle upon Tyne aforesaid, for the time being, by indenture duly executed, with the consent and approbation of the Lord Bishop of Durham for the time being, and the Lord Bishop of Carlisle for the time be­ing, testified by their being parties to and executing such indenture, at the costs and charges of the said William Lowes, his executors or administrators, to grant, bargain, sell, and demise a part of the said vicarage ground; that is to say, forty-two yards thereof in breadth, eastward from the ground of the said John Ward, Esquire and twenty-nine yards thereof in length, northwards from the said street called Westgate-Street, to the said William Lowes, his executors, administrator, and assigns, for a [...] of nine hundred and ninety-nine years, to commence from the feast of the Annun­ciation of the Blessed Virgin Mary, in the year of our Lord one thousand seven hundred and seventy four, with full and free liberty to the said William Lowes, his executors, administrators, and assigns, to [...] and build a house or houses, or other edifices, thereon; so as the said indenture of demise be, within six months from the date thereof, in [...]lle [...] in his Majesty's high court of Chancery, and there be thereby reserved a ground­rent [Page 596] of twenty pounds per annum, of lawful money of Great Britain, free and clear of and from all and all manner of parliamentary, parochial, and other taxes, rates, charges, assessments, and deductions whatsoever, imposed, or hereafter to be imposed upon the said piece or parcel of ground, or the house or houses, or other edifices thereupon to be erected and built, or upon the said rent so to be reserved for the same, as aforesaid, by authority of parliament, or otherwise howsoever, for the benefit of the said vicar and his successors, to be paid to the vicar of the said vicarage for the time being, at or within the south porch of the parish church of Saint Nicholas aforesaid, by equal half yearly payments, on the feast of the Annunciation of the Blessed Virgin Mary, and of Saint Michael the Archangel, in every year; the first payment thereof to begin and be made at and upon such of the said feasts as shall next happen after the day of the date of the said indenture of demise; so as the said William Lowes, or his executors or administra­tors, or the lessee to be named in such indenture of demise, thereby covenant with the said vicar and his successors, with all convenient speed, at his or their own proper costs and charges, to erect and build a good and substantial boundary wall, of brick, of the height of nine feet at least, at the east extremity of the said ground to be so granted and demised, which boundary wall shall extend from the said street called Westgate-Street, in a direct line, to the north boundary of the said vicarage ground; and also, during the said term of nine hundred and ninety-nine years, to keep in good and suffi­cient repair the said boundary wall so to be erected and built, and likewise all or so much of the walls adjoining to the ground of the said John Ward, and the grounds of the several other persons adjoining to the premises so to be demised, as the vicar of the said vicarage for the time being is bound to keep in repair; and so as in such indenture of demise there be contained a power of entry for non-payment of the said rent thereby to be reserved, and for the non-performance of all or any of the covenants therein to be contained, and also all such other powers and remedies, covenants, provisoes, and agreements as shall be thought necessary and proper by the Lord Bishop of Durham and the Lord Bishop of Carlisle, parties consenting to such demise as aforesaid.

And it is hereby declared and enacted by the authority aforesaid, that the said lease, to be made in pursuance of this act, shall be good, valid, and effectual in law to all in­tents and purposes.

Saving always to the King's most excellent Majesty, his heirs and successors, and to all and every person and persons, bodies politic and corporate, his, her, or their heirs, successors, executors, or administrators, other than and except the said Lord Bishop of Durham, the ordinary of the said vicarage, and his successors, and the said Lord Bi­shop of Carlisle, as patron of the said vicarage, and his successors, and the said Richard Fawcett and his successors, vicars of the said vicarage, all such estate, right, title, in­rerest, claim, and demand, of, in, and out of the said part of the said vicarage ground so to be demised as aforesaid, as they, every or any of them respectively had before the passing of this act, or could or might have had, held, and enjoyed in case this act had not been made.

APPENDIX, P. 132. From the original in the archives of the corporation of Newcastle.—The great seal lost.—It is in bad preservation. Dorso—10o Marcii 35 Hen. 8. Grant to the mayor and burgesses of Newcastle upon Tyne of the Black Fryers with the houses and ground thereunto belonging, which was of the yearly value of 2l. 19s. 6d. in consideration of 53l. 7s. 6d.

HENRICUS OCTAVUS Dei gratia Anglie Francie et Hibernie Rex Fidei Defensor et in terra ecclesiae Anglicane & Hibernice supremum caput omnibus ad quos pre­sentes littere pervenerint, salutem. Sciatis quod nos pro summa quinquaginta trium librarum, septem solidorum et sex denariorum legalis monete Anglie ad manus thesaurarii nostri curie nostre augmentationum revencionum corone nostre ad usum nostrum per dilectos no­bis majorem & burgenses ville nostre Novi Castri super Tynam solut' De qua quidem summa quinquaginta trium librarum septem solidorum et sex denariorum fatemur nos plenarie fore contentat' satisfact' & persolutos eosdemque majorem et burgenses ac successores suos inde esse quietos et exoneratos per presentes de gratia nostra speciali et ex certa scientia et mero motu nostris dedimus & concessimus ac per presentes damus et concedimus pre­fatis majori et burgensibus dicte ville nostre Novi Castri super Tynam totum domum & sci­tum nuper prioratus sive domus dudum Fratrum Predicatorum vulgariter nuncupat' lez Black Freres infra dictam villam Novi Castri super Tynam modo dissolut' ac totam ecclesiam campanile et cimiterium ejusdem nuper prioratus ac omnia & singula messuagia domos edi­ficia gardina pomeria terr' et solum nostra tam infra quam extra ac juxta et prope scitum sep­tum ambitum circuitum et precinctum dict' nuper prioratus sive domus dudum Fratrum Pre­dicaterum existen' in villa predicta ac unam aulam et duas cameras unam cameram vocat' le Crosse Chamber et omnes alios domos et edificia ac duo gardina nostra cum suis pertinenciis universis modo vel nuper in tenura Roberti Davell clerici vel assignator' suor' scituat' & ex­isten' in dicta villa Novi Castri super Tynam ac totum illud clausum terre nostrum cum per­tinenciis modo vel nuper in tenura Andree Bewyke aut assignator' suor' jacen' & existen' in­fra portam occidentalem ville predicte ac totum illud clausum terre nostrum cum pertinenciis modo vel nuper in tenura dicti Andree Bewyke aut assignator' suor' jacen' & existen' in villa predicta videlicet juxta scitum dicti nuper prioratus ac etiam unum pomerium nostrum modo vel nuper in tenura Johannis Noble vel assignator' suor' jacen' & existen' in villa predicta vi­delicet ex p [...]rte boreali scitus dicti nuper prioratus ac unum clausum terre nostrum cum per­tinentiis continen' per estimacionem tres acras ac unam domum in eodem clauso edificat' mo­do vel nuper in tenura Jacobi Lawson aut assignator' suor' scituat' jacen' & existen' extra et juxta muros ville predicte ac unam domum nostram vocat' le Yate-house scituat' et existen' juxta Regiam Stratam in villa predicta ac omnia illa tria burgagia nostra eidem domui vocat' le Yate-house [...]djaceu' in villa predicta que omnia et singula premissa dicto nuper priora­tui sive domui dudum Fratrum Predicatorum dudum spectabant et pertinebant ac parcell' possessionum ejusdem nuper prioratus extiterunt. Damus etiam et pro consideratione pre­dicta per presentes concedimus prefatis majori et burgensibus omnes et omnimod' boscos subboscos de et super omnibus et singulis premissis crescen' et existen' necnon reversi­onem et reversiones quascumque omnium & singulorum premissorum et cujuslibet inde percelle ac omnes & omnimod' redditus et annualia prosicua reservat' super quibuscunque dimissionibus seu concessionibus premissorum seu alicujus inde parcell' sact' Damus enim & per presentes concedimus presatis majori & burgensibus omnia of singula premissa supe­rius expressa & specisicata cum pertinenciis. Adeo plene & integre & in tam ampli [...] [Page 598] modo et firma prout ultimus prior dicti nuper prioratûs dudum Fratrum Predicatorum a [...] aliquis vel aliqui predecessorum suorum in jure ejusdem nuper prioratus aliquo tempore ante dissolutionem ejusdem nuper prioratûs vel antequam nuper prioratus ille ad manus nos­tras devenit predict' scitum messuagia terras tenementa et cetera omnia et singula pre­missa cum pertinentiis vel aliquam inde parcellam habuerunt tenuerunt vel gavisi fuerunt habuit tenuit vel gavisus [...]uit seu quoquomodo habere tenere vel gaudere debuerunt aut debuit. Et adeo plene et integre ac in tam amplis modo et forma prout ea omnia et singula ad manus nostras ratione vel pretextu dissolutionis dicti nuper prioratus aut ra­tione vel pretextu alicujus carte doni concessionis vel confirmationis per dictum nuper priorem et nuper conventum dicti nuper prioratus sub sigillo suo conventuali nobis con­fect' aut ratione vel pretextu alicujus actus parliamenti vel aliter quocunque modo deve­nerunt seu devenire debuerunt ac in manibus nostris jam existunt seu existere debent vel deberunt Exceptis tamen semper et nobis heredibus et successoribus nostris omnino reser­vat' omnibus campanis et toto plumbo de in et super ecclesia et aliis edificiis dicte nuper do­mus dudum Fratrum Predicatorum existen' preter plumbum in gutture & fenest [...]is ibi­dem Ac etiam exceptis & similiter nobis heredibus & successoribus nostris omnino reservat' omnibus lapidibus et toto ferro et maeremio de in & super ecclesia dicte domus du [...]um Fratrum Predicatorum existen' Que quidem domus & scitus dicti nuper prioratus ac pre­dict' terr' tenement' et cetera premissa superius per presentes dat' & concess' cum pertinen­tiis modo extenduntur ad clarum annuum valorem quinquaginta novem solidorum & quatuor denariorum habend' tenend' & gaudend' dict' scitum dicti nuper prioratus du­dum Fratrum Predicatorum ac omnia et singula predict' terr' domos, edificia, tenementa et cetera omnia & singula premissa superius expressa & specificata cum suis pertinentiis universis exceptis preexceptis prefatis majori & burgensibus dicte ville Novi Castri super Tynam ac corum successoribus & assignatis imperpetuum tenend' de nobis heredi [...] & successoribus nostris in capite per servicium vicesime partis unius feodi militis ac reddent' inde annuatim nobis & heredibus & successoribus nostris quinque solidos undecim denarios & unum obolum sterling orum ad curiam nostram augmentationum reventionum corone nos­tre ad festum Sancti Michaelis Archangeli singulis annis ........ pro omnibus reddi­tibus serviciis et demandis quibuscunque proinde nobis heredibus & successoribus nostris quoquomodo reddend' solvend' vel faciend' Et ulterius de uberiori gratia nostra damus et per presentes concedimus prefatis majori & burgentibus omnia e [...]tus redditus reven­ciones & profic [...]ta omnium et singulorum predictorum scitus terrarum tenementorum et [...]ete [...]orum omnium et singulorum premissorum superius memorat' et specificatorum cum suis pertinenciis universi [...] a festo Annunciationis Beate Marie Virginis ultimo prete [...]to hu [...]usque provenien' sive crescen' habend' eisdem ma [...]oti & burgensibus ex dono nos­tro absque comp' aliquo alio proinde nobis heredibus vel successoribus nostris quoquo­modo reddend' solvend' vel faciend' Et ulterius de ampliori gratia nostra vol [...]nus et per presente [...] pro nobis heredibus & successoribus nostris concessimus prefatis majori & bra­gensibus [...] successoribus et assignatis quod nor h [...]r [...]des et [...]ucc [...]ss [...] nostri imp [...] ­petuum annuatim et de tempore in temp [...] exo [...]ert [...]mus acquietabimus ac ind [...]mp [...] conservabim [...]s cosdem majorem & burgenses ac corum successores [...] ve [...] ­sus nos heredes et successores nostros quam versus alias persona [...] quascumque de omnibus & omnimodis redditibus feodis annuitatibus, pentio [...]bus portionibus & denariorum sum­mi [...] quibuscunque de predicti scit' terris tenementis et cete [...] premissi ... seu ... de aliqua inde parcella quoquomodo excun' seu solvend' super eisdem onerat' f [...]one [...]ad' preter­quam de redditu & servicio superius per presentes nobis heredibu & successoribus nobis reservat' Volentes enim et per presente firmiter injungend' precipientes tam can cellario & consilio nostro dicte curie nostre augmentationum [...]eventionum cotone quam omnibus receptoribus auditoribus & aliis officiarris et ministris nostris et hered' & successor' nostror' quibuscunque protempore existen' quod ipsi et corum quilibet super solun de­monstrationem [Page 599] harum literarum nostrarum patentium vel irrotulament' [...] absque aliquo alio brevi seu warranto a nobis hered' vel successor' nostris quoquomodo impetrand' seu prosequend' super solutionem dicti annui redditus superius per presentes nobis hered' & successoribus nostris ut prefertur reservat' plenam integram debitamque allocationem ... ....... deductionem & exonerationem manifestam prefatis majori & burgensibus ac eorum successoribus & assignatis de omnibus & omnimodis hujusmodi corrodiis redditi­bus feodis annuitatibus et denariorum summis de premissis ut prefertur exeun' seu solvend' .... vel super inde onerat' seu onerand' facient et de tempore in tempus fieri causabunt Et he littere nostre patentes vel irrotulamentum earundem erunt annuatim et de tem­pore in tempus ..... dict' cancellario et consilio nostro dicte curie nostre augmentation' reventionum corone nostre qui omnibus receptoribus auditoribus & aliis officiariis et ministris nostris & heredum nostrorum et successor' nostrorum quibuscunque pro tem­pore existen' sufficiens warrant' et exoneratio in hac parte Volumus etiam et per presen­tes concedimus prefatis majori & burgensibus quod habeant & habebunt has literas nos­tras patentes sub magno sigillo nostro Anglie debito modo fact' et sigillat' absque fine seu feodo magno vel parvo nobis in Hanaperio seu alibi ad usum nostrum proinde quovis­modo reddend' solvend' vel faciend' Eo quod expressa mentio de vero valore annuo aut de certitudine premissorum vel eorum alicujus ....... aut de aliis donis five concessio­nibus per nos prefatis majori & burgensibus ante hec tempora fact' in presentibus minime fact' existit aut aliquo statuto actu ordinacione provisione five restrictione inde in contra­rium fact' edit' ordinat' five provis' aut aliqua alia re causa vel materia quacumque in aliquo non obstante In cujus rei testimonium has literas nostras fieri fecimus patentes Teste me­ipso apud Westmonasterium decimo die Marcii anno regni nostri tricesimo quinto.

Per breve de privato sigillo et de data predicta auctoritate parliamenti.

MYSSENT.

APPENDIX, P. 133. From the original, much defaced, in the possession of the Tanners company—By favour of Mr. Storey, steward.

THIS indenture mayd the thryde daye ....... a thousand fyve hundrethe fyftie a ... ... betwein Ni [...]olas Carr ...... Berleye and Wyllm Carr of the towne of N ... ..... countye of Newcastell upon Tyne .... is and wardens of that th ...... of Tanners on th [...]one partye and Gerrerd Armestronge ... tye tanner on thother pertye. W [...]te [...] that [...] Robert L [...] .... town of Newcastell upon Tyne [...] and ..... [...], made sealled and delyvd ...... dymyse graunte and let to ferme unto [...] .... [...] of the same occupation John .... Thomas Browne [...] ..... let of the said towne sadlers and wardens of ...... William D [...] [...] John H [...]pkir [...]sh [...] ...... & Willm Forster, bochers & [...]ardens of ... ..... Thomas Pott [...] & Christopher Don sho [...]thers ..... Robert Draver bakers [...]ardens of the ..... Johnson and Robert Bo [...]tflower of the ...... Nicholson and Thomas Nicholson ...... sadlers & wardens of the same craft ......... appurtenances como­d [...]ties ......... led the Blakfreers within the said towne ....... prymisses & there appurtenances to ........ Richard John Thomas Gylbert Buttain ....... Robert, Willm, Robert, Richarde and ....... their successors wardens of the said occupations [Page 600] ....... of Kyng Edward syxt during the term ...... and nynetene yeres from thence furthe ....... yerely to the said maior & burgesses and the .... majors & burgesses of the said towne before the ..... oresaid terme the some of two and fourtye shillin .... lawfull money of Englande with a clause of dy ...... indenture of a lease more at large it may ..... date is the foresaid 10th day of November in the ...... Whyche sa [...] house buylding orcherds gardings the premysses and there appurtenances late called the Fre [...]s ...... operated, parted & dyvydet emongst themselfes By force wher ..... to the foresaid Nicholas Carr Wyllm Derbey ...... wardens of the said occupations by th [...] assent and cousent ....... hole felyshype of Tanners of the said towne of N [...]c ..... demysed graunted and to ferme lett ..... by theis presents demyse gr ..... ferme lett [...] unto the foresaid Gerrerd Armestronge ..... all that there close bowndynge ..... or stret called the Shodfr ..... towards th'est to the wall of a gardyng parcell of ..... the te­nor of Doct. Davall towards th .... cynyng eight & twenty .... and a quarter in bredth & in length from the ..... called Westgate on the south partye .... clo [...]e p [...]r­teyning to the occup [...] ..... talors on the north conteynyng ..... and fourtye ye [...] ....... have & to hold the said close with .... singler .... comodyties & [...] .... the same belongyng or in .... wyfe .... perteynyng .... the said Gerrard Armestrong .... and assignes during all the foresaid .... fourescore & nynetene yeres then next [...] ­ [...]yng .... to be complet. Yelding & paying therefore ye c [...]e to the said Nicholas ... Be [...]ly and Wllm Carr ..... and wardens of the same craft and there successors .... before the fell of Seynt Mich ..... angell the somme of foure sh ..... eight p [...]t [...]e A [...] on the morn next after Corpus ...... eight pence during the said ... and if it happen the said yer .... in parte or in all not to be payd at the foresaid daies .... and not payd. that then and as often it shall be lawfull for the said .... Willm & Willm Carr & there successors ....... with thappurtenances to entre ... destrene and the destress ...... so taken to leade dryve and carye awaye & towards .... with tharre [...]ages if on [...] be fully fulf [...]d contented ..... And if it happen the said yerely rent in parte o [...] ..... in whiche it ought to be payd by the space of a yere .... daye and no sufficient dy [...] ­tresse then there can .... the said wardens & there successours into the said close ..... appurtenance to reentre & repossesse as in the ..... to the contrarye notwithstanding Also [...] ..... and agreed betwene the said parties that in case the ..... afore­said hereafter be expulsed erected or ..... lawfull state or act of parlyament or other [...] ..... Here throughe the forenamed wardens and ..... successors wardens of the said occupation of tan ..... the benefyte & fruytyon of there ...... of the said fice [...]e That then the said Gerrard ..... theymselfs that he and they can ..... of the said close and ot [...]wyse the ............ successors wardens of the said ...... [...] [...] the said close ............. th terme abovesaid ....... wyse [...] the said [...] ........ shall to the foresaid ....... lease [...] [...] ....... performance of all [...] ......... de [...]se [...] & [...] on [...] ..... [...] Carr, William B [...]le [...]rad ...... [...] the occupation [...] ...... stands bounde to the said Gerrard [...] ..... his assigns [...] ...... stands bound to the said [...] Willm ...... [...] successors wardens of the said ....... [...] [...] ...... be [...]ng date of these present. In [...] [...] ..... [...] seales the date [...] and ...... [...], John [...] .. older, George Jobson, Willm ... [...] Dodd [...] Willm Ellyson ...... Edward Robson ..... stron [...] [...] Willeron ... [...], Willm Th [...]on ...... James Wallm John [...] [...].— [...]

APPENDIX, P. 135. From a Book of Inrolments in the Archives of the Corporation of Newcastle upon Tyne. Licence to Sarah Hudson, Widow, to keep the Lying-in Hospital in Rosemary-Lane, New­castle upon Tyne.

TOWN AND COUNTY OF THE TOWN OF NEWCASTLE UPON TYNE. AT the general quarter sessions of the peace of our Sovereign Lord the King held in and for the said town and county at the Mansion-House in the said town on Wednesday the 12th day of January in the 14th year of the reign of our S. Lord George the 3d of Great Britain &c. King, &c, 1774.

We his Majesty's justices of the peace at the said sessions assembled who have here­unto set our hands & seals by virtue and in pursuance of an act of parliament made in the 13th year of the reign of his present Majesty (intitled an Act for the better Regulation of Lying-in Hospitals and other places appropriated for the charitable reception of pregnant women and also to provide for the settlement of bastard children born in such hospitals & places) do hereby allow and licence Sarah Hudson of the said town widow (who hath applied to us for this licence) to keep an hospital in the house where she now dwelleth called the Lying-in Hospital situate in or near Rosemary Lane in the parish or parochial chapelry of Saint John in the town & county aforesaid for the public or cha­ritable reception of pregnant women for the purposes of their delivery and lying-in there. Provided and upon condition that there shall from henceforth be fixed & kept up over the door or public entrance of the said hospital an inscription in large letters in the fol­lowing words videlicet "Licensed for the public reception of pregnant women pursuant to an act of parliament passed in the 13th year of the reign of King George the 3d." And in case such inscription shall not be so fixed & kept over the door or public entrance of the said hospital this licence shall become null and void: Provided also and upon condition that the said Sarah Hudson or the owner keeper governor master secretary clerk or other person who shall have or to whom shall be intrusted the care conduct or management of the said hospital, shall & do at all times duly conform to & observe and pursue the directions of the aforesaid act of parliament. Given under our hands & seals at the sessions aforesaid the day & year first above written. Signed Matthew Scafe, mayor. Wm. Peareth. John E. Blackett. Edwd. Mosley.

APPENDIX, P. 142. ROMAN WALL.

QUÀ prisci circum apparent vestigia Martis,
Excubiaeque cavae et veteris munimina valli.
Mons Catherinae, p. 1.
Hinc atque hinc extat vetus urbs, olim inclyta bello,
Et muri disjecti et propugnacula lapsa.
Ibid. p. 10.

[Page 602]Draiton, in the 29th song of his Polyolbion, thus introduces a poetical description of the Roman Wall:

"But Picts-Wall all this while, as though he had been lost,
Not mentioned by the muse, began to fret and fume,
That ev'ry petty brooke thus proudly should presume
To talke: and he whom first the Romans did invent,
And of their greatnesse yet, the long'st-liv'd monument,
Should thus be over-trod; wherefore his wrong to wreake,
In their proud presence thus, doth aged Picts-Wall speake.
He thinks that Offa's ditch in Cambria should not dare
To think himself my match, who with such cost and care
The Romans did erect, and for my safeguard set
Their legions, from my spoyle the proling Pict to let,
That often inroads made, our earth from them to win,
By Adrian beaten back, so he to keepe them in,
To sea from east to west, begun me first a wall
Of eighty miles in length, 'twixt Tyne and Eden's fall;
Long making me they were and long did me maintaine.
Nor yet that trench which tracts the western Wiltshire plaine
Of Woden, Wansdyke call'd, should paralell with me,
Comparing our descents, which shall appeare to be
Mere upstarts, basely borne; for when I was in hand,
The Saxon had not then set foot upon the land,
Till my declining age and after many a yeare
Of whose poore petty Kings those the small labours were,
That on Newmarket Heath, made up as though but now,
Who for the Devil's worke the vulgar dare avow,
Tradition telling none, who truly it began,
Where many a reverent booke can tell you of my man,
And when I first decayed, Severus going on
What Adrian built of turfe, he builded new of stone;
And after many a time, the Britans me repayr'd,
To keepe me still in plight, nor cost they ever spar'd.
Townes stood upon my length, where garrisons were laid,
Their limits to defend; and for my greater aid,
With turrets I was built, where sentinels were plac'd,
To watch upon the Pict; so me my makers grac'd,
With hollow pipes of brasse, along me still they went,
By which they in one fort still to another sent,
By speaking in the same, to tell them what to doe,
And soe from sea to sea could I be whispered through:
Upon my thicknesse three march'd eas'ly breast to breast,
Twelve foot was I in height, such glory I possest.
Old Picts-Wall with much pride thus finishing his plea,
Had in his utmost course attained the eastern sea."

During my residence at Newcastle upon Tyne, prompted by an ardour of curiosity bordering on enthusiasm, I occasionally made several excursions to examine the still re­maining vestiges of those stupendous works, raised here by a people who were justly styled the conquerors of the world, for the great purpose of protecting in their posses­sions [Page 603] their civilized subjects, and to ward off the attacks of the more northern and un­conquered barbarians.

Agricola appears to have suggested the first idea of building these, by erecting A. D. 79 a a row of sorts across the island from Tinmouth b on the German Ocean to the Irish Sea.

To connect these, the emperor Hadrian c first in the year 120, and afterwards Severus d A. D. 207, raised their separate walls along the same tract of country, running from [Page 604] station to station, till an unfordable frith on one side, and a wide and deep river on the other, rendered it unnecessary to extend them any farther.

SEGEDUNUM e.

SEGEDUNUM, where the Notitia stations the first cohort of the Lergi, is supposed to have stood at a small distance from the present f village of Wall's End, and a little to the east of a gentleman's seat house, called at present Carville, but in Horsley's time Cousin's House, in two fields or closes known by the name of Well-Lawes, perhaps by corruption for Wall-Lawes. The fire engines and workings of a new colliery adjoin­ing to Segedunum g, will soon, it is probable, deface every vestige of this station, so that future antiquaries will search for the foundations of it in vain h.

[Page 605]It has been a fort about six chains square, from the south end of the eastern rampart of which i a wall appears to have been continued to the very margin of the river, where the work of Severus has certainly ended; for to the east of this station no trace of either wall or foss can be found.

BEES-HOUSES.—WALKER.

THE foss of Severus' Wall is still faintly yet plainly discernible, as it runs westward from this station of Segedunum, through the offices or out-houses of Carville to Bees-Houses, now called Stotes-Houses, almost adjoining on that mansion. The tenant at this place shewed me, January 14th, 1783, a stone, with a mutilated inscription, built up at the end of his stable.—I could make out IMP. and CO. but no other letters. A large but mutilated statue of Mercury k was found a few years before, in the field lying between his house and the river. This was broken in pieces by his maid servant, and converted into sand. A little bust too was found some time after, but that also was destroyed l.

A little to the west of Bees-Houses or Stotes-Houses, there has been a castellum.— Of the present state of the wall from Walker m, and so on through Newcastle upon Tyne n, see before, p. 138 et seq.

CONDERCUM o—BENWELL or BENWALL.

I SUSPECT the etymon of the name of this station is "Penwall," the head of the wall—as it is situated on very high ground.

[Page 606]It is with great probability supposed to have been the Condercum of the Notitia.

The annexed plan of this fort, drawn by its late very respectable owner, Robert Shafto, Esq. about the time when the military road leading to Carlisle was made, will give a better idea of it than can be conveyed by any verbal description. The above Mr. Shafto discovered a Roman hypocaust or sudatory, at the distance of about three hun­dred yards south-west of the station. Of this also he has left an accurate plan illustrated with written descriptions. The annexed copper-plate representation is a fac simile of Mr. Shafto's plan. This station was on the top of the first eminence beyond Fenham Lodge, and before we arrive at the second mile-stone from Newcastle.

Mr. Gordon by mistake calls it Benwell-Hill; but that eminence is beyond the second mile-stone, where Mr. Shafto discovered the remains of an exploratory tower.

That part of the station of Benwell, which lies on the north side of the turnpike road, is at present a plantation, the property of William Ord, Esq. of Fenham.

In trenching this ground for planting many coins p were found, most of which were de­faced. Great conduits or sewers were discovered at the depth of about a yard and a hal [...]: they were composed of large wrought stones. Several little altars q and fragments of inscriptions were turned out on this occasion.

[Page]

Roman Altars, &c.

[Page]

Views and Section of the Roman Wall▪ &c

[Page 607]A remarkable altar r, dedicated to the three Lamiae, was discovered at this station. We have no clear accounts of these infernal goddesses called Lamiae, in the Roman mythology s. Some think they were the three Harpies, Aello, Ocypite and Celaeno; while others are of opinion that they were the three Gorgons. This inscription appears to me to be unique;—there occurs no altar dedicated to the Lamiae in the immense collection of P [...]re Montfaucon. This altar has a focus which is still red with the action of the fire: it was found at a considerable depth below the surface of the ground. They sacrificed to the infernals in subt [...]raneous temples.

There was discovered also in this station a very curious table t, which appears to have been put up anciently in the front of a temple, built here by Titus Agrippa, a praefect, and dedicated to the Matres Campestres u and Genius of the First Wing of the Spanish Astures x. Some part of this inscription has been designedly erased, and the stone broken in two by an accident.

DENTON-BURN.

IN the deep hollow below Benwell-Hill, a little to the south of the turnpike-road near Denton-Burn, is preserved a curious fragment of Severus' Wall. It measures about nine feet in breadth: an apple tree grows out of the middle of it; five courses of the facing stones on both sides are preserved y.

Hadrian's work, passing down the hill near Benwell-Lodge, may be plainly traced as you go down southwards a little on the waggon-way, on the west side of Denton-Bridge.

RUTCHESTER z.

AT Rutchester, where there has been a large station and Roman town, there is still remaining a very remarkable coffin, or sepulchre, hewn out of the living rock. This, if I mistake not, is a most interesting memorial of the change which took place among the Romans on the introduction of Christianity, when they ceased to burn the corpse on a funeral pile, and, in hopes of a resurrection, deposited the body entire in the earth.

A large altar was found here, without a focus, and on which is plainly inscribed the monogram of Christ. It was brought from thence to Gateshead by the late Rev. Andrew Wood, rector, and is at present built up in the wall of the rectory-garden at that place a.

A mutilated statue of Hercules, also an immense quantity of gold coins, &c. were discovered at this station not many years ago, and claimed by the Duke of Northum­berland as lord of the manor.

HARLOW-HILL.

THE pass of the foss or ditch of Hadrian's Vallum through a limestone quarry, a little to the south of Harlow, is very worthy of observation.—You see the two aggers of that emperor's work conducting to this place from the east b.

HALTON.

JUNE 4th, 1783, in searching among the ruinous heaps at the station of Halton, I discovered a part of the shaft and capital of a column, which, no doubt, has anciently supported some Roman temple there.

Column and Capital now at Halton Chesters —5 feet 3 inches long —16 inches diameter.

Between the seventeenth and eighteenth mile-stones on the road to Carlisle, Severus' Wall is plainly discernible for a good space, sunk in the centre of the turnpike road.— [Page 609] It has a singular appearance, for the facing-stones on both sides thereof have resisted the action of wheels, &c. longer than the battered materials that surround them, and rise a little above the level of the road.

Near Brunton was discovered some years ago a Roman stone, having "Legio se­cunda" inscribed on it. This stone is at present in my possession.

[figure]

The foss of Severus' Wall, running down a pretty steep descent, from Brunton to the North Tine, conducts us to the very curious remains of a Roman bridge, which has anciently spanned that river at this place: innumerable large square stones with holes in them, wherein iron rivets have been fixed, but catch away by rust many ages ago, still lie bedded on the spot, and defy the violence of the rapid stoods. It was a remarkably dry summer when I visited this place, and the water was so low and clear, that on wading into it, I discovered the foundation of one of the piers; one end of it was defaced, but it seemed to have originally resembled the modern ones.

The Roman bridge has stood a little to the south of the present one at Chollerford.

WALWICK. CARRAWBRUGH. HOUSE-STEEDS.

JULY 15th, 1779, I visited the station of Walwick-Chesters c, the Cilurnum of the Notitia Imperii, the ramparts of which, with the entrance, notwithstanding the changes that have taken place in a succession of ages, are still very discernible. Five sculptured and inscribed Roman stones, which have been removed from this station, are preserved at present at Walwick-Grange.

From Walwick-Chesters to Carrawbrugh, which is the next station, and distant three measured miles and a quarter, the Wall of Severus, accompanied by the works of Ha­drian, is in very great perfection.

There is little at present very observable about the fort of Carrawbrugh. At Car­raw, a little farther west, in the gable end of a stable, in the inside, there is built up a Roman stone, on which the figure of a man is sculptured, in something like the same attitude in which the river gods are usually depicted.

From Carrawbrugh to House-Steeds, called by Dr. Stukeley, with great propriety, the Tadmor of Britain, the distance is somewhat more than four miles and five furlongs. [Page 610] An immense quantity of ruins denote the site of this once famous station, the Borcovicus of the Notitia. The streets of the Roman town d are still pointed out, and several ter­race-like appearances, running westward, are marked along the gently-sloping hill. The altar, No. 36, in Horsley's Britannia Romana, is at present built up in the chimney-piece of the farmer's house there. A very large stone, on which is sculptured the figure of a Roman soldier, holding a spear in his hand, was discovered not many years ago, and is still preserved. I found the fragment of a column, of which Dr. Stukeley saw several in his time. Altars still lie scattered about in great abundance on Chapel-Hill and the adjacent meadow. Mr. Magnay, the tenant, shewed me a large brass coin of Aelius that was found there.

From House-Steeds to the station of Little Chesters, which is considerably to the south of both the walls, it measures about a mile and three quarters. It stands close to the military way, which proceeds like the string of a bow, in a straight course from Wal­wick-Chesters to Caervorran.

I was at Little Chesters, October 8th, 1783, and found the ramparts and pretorium still distinguishable. A stone, with an inscription, which I could not make out, is built up in the western gable end of a cottage a little westward of this fort e.

From Little Chesters to Great Chesters, the distance is three miles three quarters.— This station is still very entire, and the pretorium plainly distinguishable. Near this and at the door of the tenant's (Mr. Smith's) house, I saw No. 63 of Horsley's Britan­nia Romana, and also a curious sepulchral stone built up as the side of a gateway at the adjoining mill, a little to the south of it, where there are some remarkable barrows.—I was shewn the graves in some of these that had been opened out—in one of them was found a skull. They consisted of side stones set down into the earth, and covered at top with other larger stones. I suppose these to have been very early Christian sepulchres.

This, no doubt, has been the cemetery of the station in the lower ages of the empire. Some curious inscriptions have been lately found here, and removed to Wall-Town.

From Great Chesters, the Wall of Severus f, going along a ridge of mountains, con­ducts [Page 611] us to Wall-Town g, and from thence to Carrvorran. On the edge of a steep precipice about half a mile east of Carrvorran, there remains a piece of Severus' Wall, 8 feet 3 inches and an half high, consisting in all of thirteen courses of square stones— one course of the masonry however is hidden by the earth or rubbish that has fallen from the top h.

There is also a very curious and picturesque part of the same great work, rising, in its whole original breadth, up a steep crag about half a mile to the west of Wall-Town i. At Wall-Town I saw a large stone, with a human figure in a nich, of barbarous execution—underneath it an imperfect inscription—VICAE [...]T....

CARRVORRAN.

FROM Great Chesters to the fort or station of Carrvorran the distance measures about two miles and a quarter. This station lies about thirteen chains south of both the works of Severus and Hadrian. Its ramparts and foss are yet plainly distinguishable. The Roman town has been situated on the south side of the station, and appears to [Page 612] have been called the city of Dumnum k. I saw here, October 7th, 1783, five square bases of columns l, and some curious gutter stones m. On opening a tumulus on the east of this station, there was discovered a remarkable hollow sepulchral stone, which contained a small quantity of a black liquid and two gold rings n.

[Page 613]Near the house of Mr. Carrick at this place, there are several circular stones, hol­low a [...] the top, but not so much to as that found at Lanchester, which Mr. Horsley sup­posed to have been used in the lustrations.

I broug [...] from thence, and have in my possession, two Roman stones, with inscrip­tions; on [...] w [...]ch I su [...]se to have been placed on the front of some templ [...] o, as the other ma [...] have been a fixed to some hotel or public inn on the maiden way which passes her, erected by the century of Marcus Ant [...]ninus, at their own expence, for the convenience of travellers p.

o May be translated, "To the god Mars and the deities .... Julius the acta [...]ius of the cohort, and Aoti [...]s the centurion, and Servius Valer [...]s, Graech [...]rs, a [...]d this from the ground, performing a vow." The actarius was an officer that used to provide corn for the forces.

pMay be read, "Centuria Marci Anton' viatoribus gratia sua fecit."

BURDOSWALD STATION.

FROM Carrvorran to Burdoswal [...] station, near which the Roman Wall has crossed the Irthing (the bank of which has fallen in, and exhibits at present a most curious se [...]ion of this great work), the distance is exactly two miles and three quarters. I visited [...] fort October 5th, 1785, and [...]ound the ramparts remarkably high and entire. An [...] ­mense quantity of square stones are scattered about this place. I copied an inscription on the Milk-House q, undescribed in Horsley's Rom. Brit. and brought away from thence, as a memorial, the fragment of an inscription on a monumental stone.

CAM [...]CK FORT.

FROM Burdoswald to Cambeck Fort, which has been about six chains square, and is now entirely overgrown with wood, the distance is six miles and a quarter. I saw, October 5th, 17 [...]3, in the garden of the adjoining mansion of House-Steeds or Castle-Steeds, a very large altar r with a mutilated inscription, and some very observable orna­ments: and found also, built up over the door of a necessary house, a Roman funeral monument 44, with an inscription. In the out-houses of this mansion there are built up [Page 615] —part of a column with its capital, like that which I discovered at Halton-Chesters—a sculptured stone, representing a man holding something in his hand, not unlike the im­plement used by the taylors, and called a goose (see Horsley's Brit. Rom. Scotland, No. 11.); with several other ornamented fragments.

WATCH CROSS.

FROM Cambeck to the station of Watch-Cross t, which is a good way to the south both from the works of Hadrian and Severus, and stands in two different fields, a little way north of the turnpike-road, the distance is about three miles.

October 5th, 1783, I walked [...]ound the ramparts of this fort, which is about four chains and a half square, and discovered in some parts the hollow of the [...]oss.

STANWICKS.

FROM Watch-Cross to the station of Stanwicks, the ramparts of which are still visible, over against the castle of Carlisle, and which I traced pretty distinctly, October 5th, 1783, the distance is more than five miles. The foss is clearly discernible, running towards the steep bank of the river, which probably in a course of ages has undergone great al­terations at this place u.

BRUGH.

FROM Stanwicks to the fort or station of Brugh, the ramparts of which are still plainly distinguishable, the distance is four measured miles and an half. I visited this place, October 6th, 1783. An old farmer in the village remembered and pointed out to me the course of Severus' Wall. I could find none of the stones x which Mr. Horsley saw here. The stone chest which that author mentions, and which has perhaps been one of the earliest Christian coffins to deposit the corpse entire in, has been removed to Boulness.

DRUMBRUGH.

FROM Brugh to the station of Drumbrugh y, where the ramparts of the Roman station are very conspicuous, and the foss around it still remarkably deep, the distance is little more than four measured miles.

[Page 616]October 6th, 1783, I sa [...] a Roman altar, but without any inscription remaining, built up in the ga [...]n-wall of Sir James Lowther's castle there, a curious old mansion, in which some tap [...]y h [...]i [...]es remain, of no contemptible execution. I was i [...]or [...] that a remarkable [...] had been found there, and removed by that baro­net (now Lord Lo [...]f [...]) to Lowther-Hall. A curious draw-well has lately been dis­covered at [...] opened out: its present depth is seventeen feet, twelve of which are water [...] and an half diameter, built in the inside of circularly-wrought stones. A [...] one is also in the same place, at some little distance. I brought away from thence a curious lettered stone found there, and which the owner of the house, where it was built up, with great politeness suffered to be taken out of the wall of it z.

BOULNESS a.

FROM Drumbrugh to the east station of Boulness, where its ramparts and foss are still very discerned [...], the distance is three miles and an half.

I vinted this fort, where Severus' Wall terminated, October 6th, 1783, and saw a very curious Roman altar b, that some time ago was found in a field a little to the south, where it should seem there has been a Roman town. It is very probable that the [...]h [...] a course of centuries has made incroachments on the banks of this promontory.

The following places, situated between the eastern and the western extremity of Severus' Wall, still retain the names which they have derived from the circumstance of their lying contiguous to that great work.

Walls-End, a village at the eastern extremity in Northumberland.

  • [Page 617]Walker, Northumberland.
  • Wallknoll, in Newcastle upon Tyne.—See another of the same in Cumberland.
  • Benwall, alias Benwell in Northumberland.
  • Wall-Bottl in Northumberland.
  • Heddon on the Wall in Northumberland.
  • Wall-Houses in Northumberland.
  • Wall-Fell, near Bywell in Northumberland.
  • Wallside in Northumberland.
  • Wall in Northumberland.
  • Walwick-Chesters in Northumberland.
  • Walwick-Grange in Northumberland.
  • Walwick in Northumberland.
  • Walwick New Houses in Northumberland.
  • Wall-Shiels in Northumberland.
  • Walton-Mill in Northumberland.
  • Wall-Town in Northumberland.
  • Thirlwal-Castle in Northumberland.
  • Burnt-Wall in Northumberland.
  • Wallbours in Cumberland.
  • Walhome in Cumberland.
  • Wall in Cumberland.
  • Wall-Town in Cumberland.
  • Walton-Ridge in Cumberland.
  • Old Wall in Cumberland.
  • Wall-Head in Cumberland.
  • Wallby in Cumberland.
  • Wallhouse in Cumberland.
  • Wallknow in Cumberland.

The above are collected from Horsley's Maps, &c.

This inscription may be translated thus: "To Jupiter, best and greatest, for the safety (or health) of our august emperors Gallus and Volusianus, Sulpicius Secundianu [...], tribune of the cohort, erected this."

This altar must have been made between A. D. 251 and 253.

[Page 618]An inscription on a Roman altar, found lately at Risingham in the parish of Elsdon, Northumberland, of which I received a drawing from Mr. Saint of Newcastle upon Tyne, June 3d, 1788. See plate of Roman Altars, No. 5.

"Matribus tramarinis Julius Victor votum solvit libens merito."

Mention occurs in Horsley's Britannia Romana of the "deae matres tramarinae or transmarinae," p. 274—the "matres domesticae" occur on an altar at Scaleby-castle. The deae matres, as Dr. Gale observes, were very much worshipped in Germany; and these matres transmarinae seem to be either the same with them, or the matres Gallicae mentioned by Montfaucon in an inscription found in Spain. They are supposed to have been local goddesses. Spon's account of them is, that they were deified women, who while living were thought to have the gift of prophecy, and after their death seem to have been wor­shipped as a sort of genii or tutelar deities of the places where they resided. The Ger­mans paid much regard to this sort of women; and it seems plain from a passage in Ta­citus, that the Britons had also these female enthusiasts.—See Horsley, ut supra, p. 201.

APPENDIX, P. 178. ST. ANDREW's CHURCH.

Licentia concessa ad aedificand' in Coemeterio Capellae S. Andreae Villae Novi Castri. Reg. Hatfeld, p. 119.

THOMAS permissione divinâ Dunelm' Episcopus, dilectis filiis parochianis capellae S. Andreae villae Novi Castri salutem, gratiam et benedictionem. Quia asseritis dictam capellam plus solito tam de capellanis, cantariar' et ornamentis destitutam, defectusque diversos faisse et esse in eâdem, qui de facili reparari non poterunt, nisi aliunde vobis de congruo remedio consulatur, ac prout intelleximus in promptu estis et fuistis aedificare & adificia con­struere in solo dictae capellae & cemeterii ejusdem, quo in magnum dicti loci cederet relevamen, dum tamen super hoc consensum nostrum habueritis et licentiam specialem: Tam pium vestrum propositum commendantes petitionibus vestris favorabiliter inclinamus & vobis et quibuscunque Christi fidelibus de vestro consensu, in augmentum divini cultûs in ca­pella supradicta ampliand' et aedificia honesta in solo dictae capellae sive cemeterii ejusdem eri­gendi et erecta reparandi, ita tamen quod redditus et proventus in utilitatem dictae capellae, et pios usus in eâdem continuandos omni modo convertatur, et post hujusmodi aedifica­tionem eadem aedificia per personas honestas duntaxat inhabitata fuerint, ac etiam quòd locus sufficiens et honestus ibidem pro caemeterio dimittatur, licentiam concedimus specialem, dignitate et juribus nostris aut nostrae Dunolmensis ecclesiae, ac ecclesiae parochialis beati Nicholai dictae villae, ac cujuscunque alterius in omnibus semper salvis. In cujus rei testimonium sigillum nostrum praesentibus apponi fecimus. Dat' apud Aukland duo­decimo die mensis Januarii anno Domini 1376.

Commissio ad restituend' Parochianum Capellae S. Andreae Villae Novi Castri super Tynam dis­samatum. Reg. Hatfeld, p. 135.

THOMAS perm' divin' Dun' Episcopus venerabili in Christo patri fratri Philippo Dei gratia Lechlinen' Episcopo suffraganeo nostro ac dilecto silio Domino Williemo Hydewin capellano parochiali ecclesiae S. Andreae villae Novi Castri super Tynam sa­lutem [Page 619] gratiam et benedictionem. Ex parte Johannis Careaway moram trahentis in villa Novi Castri praedictâ nobis extitit intimatum, quod per offic' archidiaconi nostri Northumbriae inhibitio facta fuerat ne eidem Johanni sacramenta seu sacramentalia ad­ministrata fuissent in ecclesia parochiali supradicta, et licet praedictus Johannes paratus sit et fuerit ad praestand' juramentum corporale de parendo mandatis ecclesiae in his quae concernunt animae suae salutem in denigrationem famae dicti Johannis et grave periculum dicti official' ac ejusdem Johannis praejudicium non modicum et gra­vamen, sacramentum Eucharistiae in sancto festo Paschae eidem dictum sacramen­tum humiliter postulanti dictus offic' fecerat publicè denegari. Quocirca vobis et cuilibet vestrum conjunctim et divisim committimus vices nostras, si ita fuerit ad in­quirend' de causa seu causis quare per dictum offic' praefata inhibitio manavit et si ip­sam illegitimam et minus justam inveneritis et praefatum Johannem humiliter benefi­cium absolutionis seu status sui restitutionis integrum ab eodem archidiacono seu ejus vices gerente patere noveritis cum effectu aut in ejus absentiâ petere velle praestito cum juramento coram vobis aut altero vestrum corporali de parendo mandatis ecclesiae et ad satisfaciend' si propter manifestam offensam excommunicatus fuerit praefatus Johannes postquam vobis aut alteri vestrum constiterit, qd praed' offic' seu ejus vices gerens congrue requisitus et nihilominus negligens a sua cura absens et nimis differens fuerit praefatum Johannem in integrum restitutis et beneficium absolutionis impendatis, resti­tuat seu impendat alter vestrum; ministrantes seu ministrari facientes eidem Johanni sacramentum Eucharistiae, caeteraque sacramenta et sacramentalia quoties et quando opus fuerit, dum tamen aliud canonicum impedimentum eidem non obstiterit in ea parte. In cujus rei testimonium signum nostrum praesent' apponi fecimus. Dat' apud Auk­land decimo sexto die Aprilis anno Domini 1378.

Officium Domini Cancellarii contra Thomam Akenside et Janetam ejus Uxorem, et Robertum Akenside Parochiae S. Andreae Villae Novi Castri detect. They are presented of Witchcrafte and Sorcerie. Die Sabbati, viz. 23 die Mens. Junii, A. D. 1582.—Acta Curiae Consist. Decanatus Novi Castri.

AD purgand' se dicti detecti habent, viz. Thomas Akenside et ejus uxor quartâ manu, et Robertus Akenside quartâ manu praeter se honestorum vicinorum fuorum &c. Quo die dictus Thomas Akenside et ejus uxor produxerunt in compurgatores suos Jo­hannem Chanlye, Walterum Robeson, Jerardum Burne et Oswaldum Chater, et Ro­bertus Akenside produxit in compurgatores suos Willielmum Hall, Ricardum Readot, Edwardum Harcas et Thomam Foggart, in quorum praesentiis dicti detecti virtute ju­ramentorum suorum tunc ibidem praestitorum negaverunt detectionem esse veram: unde dicti compurgatores dixerunt et deposuerunt quod credebant dictos Thomam Akenside et Janetam ejus uxorem et Robertum Akenside veritatem jurasse, unde Dominus pro­nuntiavit ipsos detectos legitimè et canonicè sese purgasse, ipsosque et eorum quemlibet ad pristinum statum fore restituendos decrevit et decrevit literas testimoniales.

And furthermore ye said judge hath abjured the foresaid Thomas Akenside and Jennet his wife and Robert Akenside, that they never use any sorcerie or witchcrafte hereafter.

Curious Extracts from the Register of St. Andrew's.

"MARCH 19, 1645, Kudbart Welsh, a blind man bured—the Lapton of the beggars."

"May 20, 1652, Mary Dun buried, whiche was kounted for a witch."

"May 13, 1697, Mary D. of James Brown lume sweeper buried." (i. e. chimney-sweeper.)

"May 6, 1645, Richd. S. to Rd. Bewick buried which was drowned in the trench at Newgate."

[Page 620]"Octob. 25, 1640, one of the Redshankes buried 25 day of the Skottes arme."

"May 1640,—2 sogers for denying the King's pay was by a counsel of war appoynted to be shot att and a pare of gallos set up before Thos. Malaber's dore in the Byg-market, they kust lotes which should dy and the lotes did fall of one Mr. Anthone Viccars and he was set against a wall and shott at by 6 lyght horsemen and was buried in our church­yarde the sam day, May 16 day."

"Feb. 9, 1640, Thomas Karr and Jane Lanton married—one of the Skotes army and wold pay nothing to the church."

"Feb. 22, 1640, Andrew supposed son to Rande Atkinson, workman, baptised the 22d day—very base begote for he is the 4th bastor that he hath by this woman."

"July 17th, 1641, James Fylder bured which fell of the walls and braned (brained) himself one of the Skotes arme being of the watch at Pilgrim-Stret gate."

"1642, Matthew Bell bured which was killed by a sogar going out at the Newgate the 9th day."

"1644, Oct. 4, Arthur Herron buried which was killed with a granado."

"1644, Oct. 23,—2 killed by the Scotts at the Spitle the skrimes" (skirmish).

On an upright stone in St. Andrew's Church-yard.

"IN all our marriage vows, she did fulfill
And fondly sought her husband, thro' the dead o'er Bunker's Hill;
At many actions more, and at the Brandy-wine,
She lov'd her husband so, she would not stay behind
Till now by cruel Death's dread dart,
She is left behind and forc'd to part
Till the last trump, when Gabriel sounds amain
She'll rise embrace and join again.

In memory of the best of wifes lies here interr'd the body of Mary the wife of Robert M'Cutchin, sergeant in the 11. grenadiers, died the 11 May 1781, in the 27 year of her age."

APPENDIX. P. 198. JESMOND—BOURNE'S ACCOUNT OF.

"PILGRIM-STREET," says Bourne, p. 81, "got its name from the pilgrims, who came from all parts of this kingdom to worship at our Lady's chapel at Gesmond."

"Gesmond or Jesumunde," he adds, "or as it is called in some ancient writings, Je­sumuth, is a pleasant village, on the north-east of Newcastle, distant from it about two miles; it appertained to the barony of Robert de Gaugy, as appears by a certificate given in the 3d of Hen. III. of such manours as his barony did consist of, for which he was obliged to the service of three knights' fees.—Mag. Brit. vol. iii. Adamus de Athol, who lies buried in the chapel of the Holy Trinity, in St. Andrew's church, lived in this village, and is called Dominus de Jesmond: the Orde's family was also in posses­sion of it.

[Page 621]"There are still to be seen the ruins of the chapel and hospital of our Lady in this vil­lage. The hospital is now a dwelling-house; but the chapel is changed into something worse, being turned into a stable.

"I am told, and it is very probable, that this chapel and hospital are at present the property of Mr. Robert Andrew of Gateshead.

"In the year 1351, Sir Alexander of Hilton*, and Matilda his wife, the two patrons of the chapel of Gesmonde, presented to it one Sir William of Heighington to be chaplain, who was accordingly instituted by Thomas Hatfield, Bishop of Durham, and after that inducted, as was attested at Auckland, June the 12th, 1351. But on the 27th of the month following he gave it up, declaring he had no right or title to it. The copy of the original of this account I had from Dr. Hunter of Durham, and is as follows: Universis S. matris filiis, ad quos praesentes literae pervenerint, Thomas permissione divina Dun­elm' Episcopus salutem in amplexibus Salvatoris. Noverit universitas vestra quod nos dilectum nobis in Christo Dom' Wilielmum de Heighyngton capellanum ad liberam ca­pellam de Jesmuth infra parochiam Novocastri Dunelm' dioces' situatam, ad quam per Dom' Alexandrum de Hilton militem et Matildam uxorem ejus veros patronos ejusdem nobis presentatus existit, admisimus et ipsum in capellanum perpetuum ejusdem cano­nicè instituimus in eadem, ipsumque in corporalem possessionem ejusdem induci feci­mus, cum suis juribus et pertinentiis universis. In cujus rei testimonium sigillum nostrum fecimus hiis apponi. Dat' apud Auckland 12o die mensis Junii Ao. Dom' 1351, et nostrae consecrationis septimo. Memorand' quod 27 die mensis Julii anno Dom' 1351, infra manerium de Auckland, dictus Dominus Willielmus renunciavit omni juri et omnimodi auctoritati quod et quam in praedicta capella vel ad eam habuit, feu quovis modo habere poterit in futurum, asserens se nullum habuisse unquam nec habere titulum in hac parte.

"To this village (Jesmond) it was that a great number of the people of Newcastle, headed by some of the aldermen and principal men of the town, came to kill the prior of Tinmouth, in the first of the reign of King Henry the Eighth.

"In the 3d of Edw. VI. the town got a grant of the chapel of the blessed Mary of Jes­mond, and some messuages and lands in Jesmond, under an annual rent of 3s. 4d. pay­able out of some lands in Old Heaton, and the chapel or chantry of St. Laurence, with the messuages called St. Laurence and Little St. Anne's Close, and lands in Byker, then in the possession of Henry Winklive, and lands in Killingworth, then in the possession of John Huntley, an annual rent of 4s. payable out of the lands of the then Christopher Mitford, in Old Heaton.

"These were granted in consideration of 144l. 13s. 4d.

"In the same year the mayor and burgesses granted the hospital of the blessed Mary of Jesmond, with the lands and grounds belonging to it, to Sir John Brandling, his heirs and assigns for ever.

[Page 622]"The gentleman of this place at present is William Coulson, Esq. who lately built a very pretty house, and accommodated it with gardens.

"St. Mary's Well in this village, which is said to have had as many steps down to it as there are articles in the Creed, was lately inclosed by Mr. Coulson for a bathing place, which was no sooner done than the water left it. This occasioned strange whispers in the village and the adjacent places. The well was always esteemed of more sanctity than common wells, and therefore the failing of the water could be looked upon as nothing less than a just revenge for so great a profanation. But alas! the miracle's at an end, for the water returned a while ago in as great abundance as ever." Thus far Bourne.

In the plate of coins, &c. struck at Newcastle upon Tyne (in this work), there is en­graved, between the tradesmen's tokens (B), an exact representation of a religious medal, which was lately found in pulling down an old wall, supposed to have belonged to the chapel of St. Mary at this place: one side plainly gives the heads of Christ and the Vir­gin Mary in profile; on the other side the emblems of the Eucharist, with this inscrip­tion: LA. SI. IL. S. S. SAG. and at the bottom, ROMA. for "Laudato sia il sacrissimo sagramento, "Italian; which may be englished thus: "Praised be the most holy sacrament."

N. B. In the plate entitled "Monuments in the churches of St. Nicholas and All Saints," No. 1 represents the late remains of Sir George Selby's magnificent monument, and No. 2, the curious old one of George Carr; both described as having stood at the east end of St. Nicholas' church.

N. B. No. 5, in the plate entitled "Views and Section of the Roman Wall, &c." re­presents a front view of a curious old house in the High Friar Chare, drawn at the desire of Lord Montstuart, by Mr. R. Beilby.

APPENDIX, P. 236. CORRECTIONS, AFTER-INSERTIONS, &c. MADE IN ST. NICHOLAS' CHURCH, JUNE 24, 1788.

ON a small mural monument near the east end.

"Near this place lies the body of Mary Furye who died March 17th 1782, aged 24 years."

Hall's monument and that of Wrightson remain.

In St. Mary's porch those of Hamilton and Davison.

On a monument in St. Mary's porch. "Near this place Lieth the body of Hannah, wife of Edward Mosley Esq. Alderman: She was the daughter of Henry Campleshon of the city of York merchant and died 15th of January 1784."

On a close inspection (after cleaning) of Man's monument, I was enabled to dis­cover some corrections that had originally been made in the inscription

"Haud nosse fas est titulum
Cognominis, aliquii
Qui sic quadranter convenit."
"Quid sibi vult Edvardus, hoc
Vocalis Camden referat
[Page 623]Nomen utcunque conspicis
Unum si viro proxima
Constituant epitheton."
— "Vir publici propositi."
— "Vir vere pater famulis."
— "non amasset hunc
Si quis, hoc esset, &c." P. 285. BENNET'S INSCRIPTION.

"INFORMATION was someways brought that certain pieces of ordnance were delivered by John Bennet, late master of the ordnance in the North, and were concealed by certain inhabitants of Newcastle; and that they had caused the Queen's arms and mark to be defaced and taken out of the said ordnance: whereupon a letter was sent from the council to the mayor of Newcastle, to Bartram Anderson and to the said Tho. Gower (master of the ordnance in the North) to examine diligently where and in whose hands any of those pieces remained, and to cause the same to be returned to the office of the ordnance; and to signify what they found therein."

Strype's Annals, vol. i. p. 24.

APPENDIX, P. 328. An Act to enable his Majesty to licence a Play-house in the Town and County of the Town of Newcastle upon Tyne.

WHEREAS a licensed play-house in the town of Newcastle upon Tyne, in the county of the same town, would be of convenience to the said town, and to per­sons resorting there; may it therefore please your Majesty that it may be enacted; and be it enacted 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 same, That so much of an act of parliament, made in the tenth year of the reign of his late Majesty King George the Second, intituled, ‘An Act to explain and amend so much of an act made in the twelfth year of the reign of Queen Anne, intituled, 'An act for reducing the laws relating to rogues, vagabonds, sturdy beggars, and vagrants, into one act of parliament; and for the more effectual pu­nishing such rogues, vagabonds, sturdy beggars, and vagrants, and sending them whither they ought to be sent,' as relates to common players of interludes;’ whereby all persons are discharged to represent any entertainment of the stage whatever, in virtue of letters patent from his Majesty, or by licence of the Lord Chamberlain of his Ma­jesty's household for the time being, except within the liberties of Westminster, or where his Majesty is residing for the time being be, and the same is hereby repealed, with respect to the said town of Newcastle upon Tyne: And that it shall and may be lawful for his Majesty, his heirs and successors, to grant letters patent for establishing a theatre or play-house within the said town of Newcastle upon Tyne, which shall be en­titled to all the privileges and subjected to all the regulations, to which any theatre or play-house in Great Britain is entitled and subjected.

APPENDIX, P. 360. ALL SAINTS CHURCH. An Act for pulling down and rebuilding the Church of All Saints, in the Town of Newcastle upon Tyne, and for enlarging the Church-yard, and making convenient Avenues and Pas­sages thereto.

WHEREAS the church or parochial chapel of the parish or parochial chapelry of All Saints in the town and county of Newcastle upon Tyne, and which parish ex­tends into the county of Northumberland, is a very ancient building, and is become so decayed and ruinous, that it is unsafe for the parishioners to attend divine service therein; and it is necessary the same should be taken down, and a new church built, and also that the cemetery or church, or parochial chapel yard, which is too small, should be enlarged, and proper avenues made thereto: And whereas, for the pur­poses aforesaid, it will be necessary to purchase the whole or a part of certain lands, tenements, and hereditaments, adjoining to the said cemetery or church-yard, and ex­tending from the same unto a street called Pilgrim-street on the west, and to a street called Silver-street on the north: May it therefore please your Majesty that it may be enacted; and be it enacted 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 same, that the Rev. John Sharp, D. D. archdeacon of the county of Northumberland; the Rev. James Stephen Lushing­ton, A. M. vicar of Newcastle upon Tyne; the Rev. George Stephenson minister, the Rev. John Hogarth curate, the Rev. Hugh Moises lecturer, the Rev. Cuthbert Wilson lecturer, and the ministers, curates, and lecturers of the said parish or parochial chapelry for the time being; Peter Wilson, John James, Malin Sorsbie, Robert Yelloley, church­wardens, and the churchwardens of the said parish or parochial chapelry for the time being; William Yeilder, Esq. mayor, and the mayor of Newcastle upon Tyne for the time being; the recorder of Newcastle upon Tyne for the time being, and their several and respective successors; Sir Matthew White Ridley, Bart. George Colpitts, William Peareth, John Hall, William Cramlington, James Rudman, Hugh Hornby, and Wil­liam Kent, Esqrs. Henry Shadford junior, Thomas Curry, Robert Cram, Samuel Law­ton, Snow Clayton, and William Lloyd, Gentlemen; being owners of land, or parish­ioners of the said parish or parochial chapelry of All Saints, shall be, and they are here­by appointed trustees for putting this act in execution; and all and every the powers, authorities, directions, matters, and things, by this act given to and directed to be done by or before the said trustees, shall and may be exercised, had, and done by or before any five or more of them, and shall be of as full force and effect as if done or executed by or before all the trustees.

II. And be it further enacted, that when any trustee appointed by, or to be appointed in pursuance of this act (except such persons as are declared to be trustees by virtue of their situation or office, shall die, or refuse to act, it shall be lawfull for the remaining trus­tees, by writing under their hands, to nominate and appoint another person (not being one of the people called Quakers), being owner of land, or a parishioner in the said pa­rish or parochial chapelry, to be a trustee in the room of the trustee so dying or refusing to act, and the person so to be nominated and appointed shall be, and is hereby invest­ed with the several powers by this act granted to the trustees herein and hereby nomi­nated and appointed.

[Page 625]III. Provided always, and be it further enacted, that if any trustee shall enter into any contract, or have any share or interest in any contract made for the purposes of this act, or, being a land owner in the said parish or parochial chapelry, shall sell and dispose of his property therein, or being a parishioner therein, shall leave the said parish or paro­chial chapelry, and reside elsewhere, every such person shall, during the time of his being so interested in the premises, or selling his said property, or leaving the said parish or pa­rochial chapelry as aforesaid, be utterly disabled from acting in the said trust; any thing herein contained to the contrary thereof in anywise notwithstanding.

IV. And be it further enacted, that the said trustees shall and may meet together in the vestry-room of the said parish or parochial chapelry, within one calendar month next after the passing of this act, or as soon after as conveniently may be, between the hour, of nine of the clock in the forenoon and two of the clock in the afternoon, and proceed to put this act in execution, and then, and from time to time afterwards, adjourn them­selves to meet, or meet according to such notice as is herein after directed to be given, within the same hours, and at such place or places within the said parish or chapelry, as such trustees shall think proper and convenient; but no act of the said trustees shall be valid, unless made or done at some public meeting to be held by virtue of this act.

V. Provided always, and it is hereby enacted and declared, that it shall be lawful for the said trustees to order a meeting of trustees as often as they shall find it necessary; and that of all meetings to be held in pursuance of this act (unless by adjournment) previous notice shall be given in the said old church or chapel, or in one of the Newcastle news­papers, signed by the clerk to be appointed to the said trustees as hereby directed, until the said intended new church or chapel shall be built or completed, and used for the cele­bration of divine service, and then such notice shall be given in such new church of parochial chapel, on the Sunday next before such meetings respectively, by the minister or curate of the said parish or chapelry for the time being, or some other person to be appointed by him to give the same, and also by writing to be affixed on the door or doors of such churches or parochial chapels respectively, thereby setting forth the day, hour, and place of such meeting; and the said trustees shall, at all their meetings, pay their own expences; and that all such trustees as are justices of the peace may act as justices, notwithstanding their being trustees, except only in such cases where they shall be imme­diately and personally interested; and that in all cases where the trustees, or any justice or justices of the peace, are authorised to examine any person or persons on oath or affirma­tion, it shall be lawful for such trustees and justices, and they are hereby required to ad­minister such oath, or take such affirmation.

VI. And be it further enacted, that the said trustees shall sue and be sued in the name of their clerk, and that no action that may be brought or commenced by or against the said trustees, or any of them, by virtue or on account of this act, in the name of their clerk, shall abate or be discontinued by the death or removal of such clerk, or by the act of such clerk, without the consent of the trustees; but the clerk to the said trustees for the time being shall always be deemed plaintiff or defendant in such action, as the ca [...]e may be: Provided always, that every such clerk, in whose name any action or [...] shall be commenced, prosecuted, or defended, in pursuance of this act, shall always be reim­bursed and paid, out of the mo [...] to be raised by virtue of this act, all such cost, and charges as by the event of any such proceedings he shall be put to or become chargeable with by reason of his being so made plaintiff or defendant therein.

VII. And be it further enacted, that it shall be lawful for the said trustees, by any writing under their hands, to appoint a treasurer or treasurers, and clerk, and one or more fit and able person or persons, if necessary, to superintend and inspect the buildings and works intended to be carried on under or by virtue and in pursuance of this act; and also to appoint such other person or persons as may be necessary and proper for any of the pur­poses [Page 626] of this act, or to execute any rules, orders, and regulations, to be made in pur­suance of the same, and shall and may take such security as they the said trustees shall think proper, from such treasurer and clerk, or any other person or persons so to be em­ployed and appointed as aforesaid, or any of them; and shall and may, from time to time, remove such treasurer and clerk, or other person or persons, and appoint others in the room and stead of such of them as shall be so removed, or that shall die, or may discon­tinue any such office or offices, when they the said trustees shall think proper so to do; [...] shall and may, out of the monies arising by virtue of this act, pay, or [...] to be paid, to all such treasurers, clerks, and other persons, such salaries or other allowances as they the said trustees shall judge reasonable, for and in consideration of their employment respectively.

VIII. And be it further enacted, that the said trustees shall have full power and autho­rity, from time to time, to treat, contract, and agree with the owners and occupiers, and all other persons interested in the lands, tenements, and hereditaments, with their and every of their appurtenances, adjoining the said cemetery, or church or parochial chapel yard, and extending from the same to Pilgrim-street on the west, and to Silver-street on the north, and to purchase the same, or such part thereof respectively as the said trustees shall think fit, and upon payment of such sum and sums of money as shall be agreed upon for such purchases, or as shall be assessed in manner herein after provided, to cause such houses and buildings, or so much thereof as shall be necessary, to be taken down, and the same, with the land thereto appertaining, to be annexed to, and the same shall for ever after remain as part and parcel of, the said church or parochial chapel, and church or parochial chapel yard thereof, for the enlarging thereof, and interment of the dead; and this act shall be sufficient to indemnify the said trustees, their agents, work­men, officers, and servants, and all persons acting by or under their authority, or under the authority of the said trustees, against the heirs, executors, administrators, or assigns, of any of the said owners or occupiers of the said premises, or any part thereof, as ef­fectually as if the same had been sold and conveyed by deed of feoffment, bargain and sale, or other assurance in the law whatsoever; and it shall be lawful for all bodies po­litic, corporate, or collegiate, corporations aggregate or sole, trustees, feoffees in trust, guardians, and committees for lunatics and idiots, executors, administrators, and guar­dians whatsoever, not only for and on behalf of themselves, their heirs and successors, but also for and on behalf of their cestuique trusts, whether infants or issue unborn, lu­natics, idiots, femes-covert, or other persons whomsoever, and to and for all femes-covert who are or shall be seized in their own right, and to and for all other person and persons whomsoever who are or shall be seized or possessed of, or interested in the said several houses, messuages, tenements, and hereditaments, and the appurtenances thereunto belonging, intended to be purchased for the purposes of this act, to sell to the said trustees all and every the said lands, tenements, hereditaments, estates, and interests, or any part thereof, and the same shall be conveyed to the vicar of the said town and county, and his successors, vicars of the said town for the time being, in trust for the land owners and parishioners of the said parish or parochial chapelry, for the purposes of this act; and that all contracts, agreements, bargains, sales, and conveyances, which shall be made by such persons as aforesaid, shall be good and valid in law to all intents and purposes, not only to convey the estate and interest of the person or persons convey­ing, but also to convey all right, estate, interest, use, property, claim, and demand whatsoever of their several and respective cestuique trusts, whether infants or issue un­born, lunaticks, idiots, femes-covert, or other persons whomsoever, and all claiming or to claim by, from, or under them, any law, statute, usage, or any other matter or thing whatsoever, to the contrary thereof in anywise notwithstanding; and all such persons so conveying shall be, and are hereby indemnified for what they shall do by virtue of, or [Page 267] in pursuance of this act, notwithstanding any omission or mistake of matter or form what­soever: And if any bodies politick, corporate, or collegiate, or other person or persons seised or possessed of, or interested in, any such lands, tenements, or hereditaments, as aforesaid, shall refuse to treat or agree, or by reason of any disability cannot treat or agree for the sale of their respective estates and interests therein, or shall not produce and evince a clear title to the premises they are in possession of, or to the interest they claim, to the satisfaction of the said trustees, then, and in every such case, it shall be law­ful for the sheriff of the said town and county of Newcastle upon Tyne, and he is hereby required (upon a warrant or warrants, precept or precepts, to be issued and directed to him for this purpose by the said trustees, under their hands and seals, and which warrants or precepts the said trustees are hereby authorised and impowered to issue) to impannel and return a jury of twenty-four persons (not being land owners, tenants, or occupiers of lands or tenements, or inhabitants of the said parish) qualified to serve on juries, to ap­pear before the recorder for the time being of the said town and county, at such time and place, in the said town, as shall in such warrant or precept be mentioned or con­tained; which persons, so impannelled, summoned, and returned as aforesaid, are here­by required to come to and appear at such said time and place as in such warrant or warrants, precept or precepts, shall be directed and appointed, and then and there to at­tend from day to day, until therefrom discharged; and out of the number of persons so to be impannelled, summoned, and returned, and appearing at such said time and place, a jury of twelve persons (for the ascertaining of the value of the said lands, tenements, or hereditaments in question) shall be drawn by the said recorder, or such other person as he shall direct and appoint, in such manner as juries for the trial of issues joined in his Majesty's courts at Westminster, by an act made in the third year of the reign of his late Majesty King George the Second, intituled, "An Act for the better regulation of juries," are directed to be drawn; and in default of a sufficient number of the jurymen so re­turned appearing, the sheriff shall take other honest, indifferent, and disinterested men of the bye-standers (not being owners of land, or tenants, or inhabitants in the said pa­rish) or that can be speedily procured to attend that service, to make up the number of twelve: and all persons concerned shall have their lawful challenges against any of the said jurymen when they come to be sworn, but shall not challenge the array; and the said recorder is hereby authorised and required, upon request of the party or parties con­cerned or interested in the matters and things in question, to authoritie the said jury to view the lands, tenements, or hereditaments in question, and shall and may use all [...] other lawful ways and means, as well for his own as for the said jury's better information in the premises, as he shall think fit; and the said recorder [...] hereby authorised and im­powered, by precept under his hand, to summon and call before him and the said jury any person or persons, in order to be examined as a witness or witnesses upon oath, touching or concerning the matters and things in question, and such witness or witnesses shall attend at such time and place until such affairs for which [...] were summoned shall be concluded; and the said party or parties concerned in [...] matters and thin [...] shall and may (if he or they shall think fit) have and allowed a solicitor or solicitors, and one or more counsel learned in the law, upon the hea [...], investigating, and ad­justing the said matters and things, at the time and place aforesaid, before the said re­corder and jury, to plead, and then and there examine the witness [...] witnesses pro­duced, in the same manner as before juries in his Majesty's courts at Westminster; and the said jury, upon their oaths (which oaths, as also the oaths to such person or persons as shall be called upon to give evidence, the said recorder, or any person whom he shall direct or appoint, is hereby impowered and required to administer) shall, at [...] and place, inquire into, assess, and find the value of such lands, tenements, and here [...] taments, and the sum or sums of money to be paid to the owner or owners thereof, or [Page 628] person or persons interested therein, according to his, her, or their respective estates or interests therein, and shall give in their verdict accordingly to the said recorder, who shall thereupon give judgment for such sum or sums of money, so to be assessed by the said jury; which said verdict or verdicts, and the said judgment, decree, or determina­tion thereupon, shall be binding and conclusive to all intents and purposes whatsoever, against all person or persons, bodies politick and corporate, claiming or to claim any estate, right, title, trust, use, or interest, in, to, or out of the said lands, tenements, or he­reditaments, or premises, either in possession, reversion, remainder, or expectancy, against all infants and issue unborn, lunaticks, idiots, and femes covert, and persons under any other legal incapacity or disability, and all trustees and cestuique trusts, his, her, and their heirs, successors, executors, and administrators, and against all other persons whom­soever; and the said verdict or verdicts, and the said judgment, decree, or determina­tion, so to be made, given, and pronounced as aforesaid, shall be fairly written on parch­ment, and signed by the recorder for the time being, and inrolled and kept among the records of the said town and county of Newcastle upon Tyne.

IX. Provided always, and it is hereby enacted, that notice in writing, under the hand of the said recorder, shall be given to the owner or owners, or other person or persons in­terested in such lands, tenements, or hereditaments, and premises, at least three ca­lendar months before the time of such said assessment, for the purchase of the said lands, tenements, hereditaments and premises, declaring the time and place of the meeting of the said recorder and jury, or leaving such said notice at the dwelling-house of the said owner or owners, person or persons so interested as aforesaid, or at his or their place of abode, or with some tenant or occupier of some of the said lands, tenements, or heredi­taments, or premises intended to be valued or assessed, or inserted in one or more of the newspapers published at Newcastle upon Tyne, in case such party cannot otherwise be found out to be served with such notice, within the liberties of the said town of New­castle upon Tyne.

X. And be it further enacted, that upon payment or tender of such sum or sums of mo­ney to be agreed upon, or as shall be so awarded, assessed, adjudged, or determined, to the owner or owners, or other the person or persons interested in the said lands, tene­ments, or hereditaments, or other the premises, or any estate or interest therein, for and as the purchase thereof, such owner or owners, or other person or persons, to or for whom the said purchase-money shall be paid or tendered, shall, and is and are hereby required to make and execute good, valid, and legal conveyances, assignments, surren­ders, or assurances in the law, to the said vicar and his successors, vicars of Newcastle upon Tyne aforesaid, for the time being, in trust as aforesaid, of the said lands, tenements, hereditaments, and premises, or any estate or interest therein, for which such sum or sums of money shall be agreed or awarded for the purchase thereof, and shall procure all proper and necessary parties to execute such conveyances, assignments, surrenders, and assurances, and shall do all acts, matters, and things necessary and requisite to make a good, clear, and perfect title to the said vicar and his successors, for the time being, in trust as aforesaid; and such conveyances, assignments, surrenders, and assurances, shall contain all reasonable and usual covenants, by all parties interested and concerned, as shall be reasonably required by the said trustees, or their counsel learned in the law; and in case such person or persons, to whom such sum or sums shall be so awarded as aforesaid, shall not be able to evince a title to the premises, and to make, or procure to be made, such good, valid, and legal conveyances thereof as aforesaid, or shall refuse to to do, being thereto required by the said trustees, in writing under their hands, and such sum or sums so assessed and awarded as aforesaid, being tendered to be paid to him, her, or them, on their making such title, and executing or procuring to be executed, such conveyances, assignments, surrenders, or assurances as aforesaid; or in case such person or [Page 629] persons to whom such sum or sums of money shall be so awarded as aforesaid, cannot be found within the said town and county of Newcastle upon Tyne, or the liberties thereof, or in case, by reason of disputes depending in any court of law or equity, or for defect of evidence, it shall not appear what person or persons is or are entitled to the premises in question, then, and in every such case, it shall be lawful for the said trustees to order the said sum or sums, so assessed and awarded, as aforesaid, as and for the value of and pur­chase-money for such said lands, tenements, hereditaments, and premises, to be paid into the Bank of England, for the use of the parties interested in the said premises, to be paid to him, her, or them, according to their respective estates and interests therein, at such time as the said r [...]corder for the time being shall direct, upon his approving of a proper, valid, and legal title to the same premises; and the cashier or cashiers of the Bank of England, who shall receive such sum and sums, is and are hereby required to give a re­ceipt or receipts for such sum or sums, mentioning and specifying for whole premises, and for whose use the same is and are received, to the said trustees, or such other per­son or persons as shall pay any such sum or sums into the Bank as aforesaid, which said receipt or receipts shall be entered and kept along with the said verdicts, judgments, and determinations, among the records of the said town and county of Newcastle upon Tyne; all which said verdicts, judgments, determinations, and receipts shall be deemed and taken to be records, to all intents and purposes whatsoever, and the same, or any of them, and a true copy or copies thereof, or any of them, to be attested by the town-clerk of the said town for the time being, under his hand, shall be deemed, taken, and received to be good, legal, and effectual evidence and proof in any court or courts of law or equity whatsoever; and all persons shall and may have recourse to, and inspect the same, gratis, and may take copies thereof, or extracts therefrom, paying for every copy or extract two-pence for every seventy-two words contained in such copy or ex­tract; and immediately on payment and entry of such receipt or receipts of the said cashier or cashiers as aforesaid, all the estate, right, title, interest, use, trust, property, claim, and demand, in law and equity, of the person or persons for whose use such mo­ney shall be paid, into or out of the said lands, tenements, hereditaments, and premises, shall vest in the said vicar and his successors, vicars for the time being, in trust as afore­said, and he and they shall respectively be deemed in law to be in the actual seisin or pos­session thereof, to all intents and purposes whatsoever, as fully and effectually as if every person, having any estate in the premises, had actually conveyed the same to them by lease and release, bargain and sale inrolled, feoffment with lively and seisin, fine and re­covery, or any other legal conveyance whatsoever; and such payment shall not only ba [...] all right, title, interest, claim, and demand of the person or persons to whose use such payment was made, but also extend to, and be deemed to bar the dower and dowers of the wife and wives of such person and persons, and all estates tail, in reversion or re­mainder, against the issue and issues of such person and persons, and every other p [...]rson or persons claiming or to claim by, from, or under them, or any of their, as [...] a fine and recovery, or either of them, would, if levied or suffered by the prop [...] [...] in due form of law.

XI. Provided always, and it is hereby further enacted, that it shall be lawful for the said trustees, after such payments into the Bank, and entry as aforesaid, to put out or invest, or cause to be placed out and invested, such said sum or sums of money so to be paid into the said Bank, or any part thereof, in some of the public funds, or on government security at interest, in the names of any five of the said trustees, in trust to transfer and assign the same to such person or persons to whom the said premises shall belong, on their executing proper conveyances thereof, and in the mean time in trust to receive the interests and dividends arising therefrom, and pay the same to such said person or per­sons having right and title to such premises: Provided always, that in case of payi [...] [Page 630] money into the Bank for want of title, or from it not otherwise appearing to whom such money shall properly belong, it shall be lawful for the said trustees, on the application of any person or persons interested in any such money, to require payment thereof, or of any part thereof, and to place out and invest the same in some of the public funds, or on government security, in the name or names of any person or persons to be by him, her, or them named and appointed for that purpose, in trust for such person or persons as shall afterwards appear to be legally entitled thereto.

XII. And be it further enacted, that in case any feme-covert is or shall be seised in fee simple, or in tail general or special, or for life, of such lands, tenements, and here­ditaments so to be purchased by the said trustees, or other person or persons as aforesaid, or of any interest in the same, to her separate use, free from the control or intermeddling of her husband, the purchase-money arising from the sale of such estate or interest of such feme-covert, on the conveyance of such estate or interest to the said trustees or other person or persons as aforesaid, shall be paid to such person or persons as she shall, by writ­ing under her hand, nominate to receive the same, in trust with all convenient speed then afterwards to be re-invested in the purchase of other lands, tenements, or heredita­ments, to be conveyed and settled to and upon, and subject to the like uses, trusts, li­mitations, remainders, and contingencies, estate and interest, as the feme-covert had in the premises so purchased, and as the same premises which shall be so purchased were respectively settled, limited, or assured at the time of such purchasing the same, or so many thereof as at the time of making such conveyance and settlement shall be existing and capable of taking effect.

XIII. And be it further enacted, that the principal money arising from the sale of any lands, tenements, and hereditaments so to be purchased by the said trustees, or other person or persons as aforesaid, of any body corporate or collegiate, corporation aggregate or sole, feoffees in trust, guardians, committees, or other trustees, shall be paid to such persons as they shall respectively nominate to receive the same, in trust with all convenient speed then afterwards to be re-invested in the purchase of other lands, te­nements, and hereditaments, to be conveyed and settled to and upon, and subject to the like uses, trusts, limitations, remainders, and contingencies, estate and interest, as they or any of them had in the premises so purchased, and as the same premises were respectively settled, limited, or assured, at the time of such the purchasing of the same, or so many thereof as at the time of making such conveyances and settlements shall be existing and capable of taking effect.

XIV. And be it further enacted, that the said recorder for the time being shall have power to impose any reasonable fine or fines on the sheriff of the said town, his deputy or deputies, bailiffs or agents respectively making default in the duty by this act required to be performed by the said sheriff; and on any of the persons who shall be summoned and returned on any such jury or juries, who shall not appear, or appearing shall refuse to be sworn on the said jury or juries, or being so sworn shall not give his or their verdict, or shall in any other manner wilfully neglect his or their duty in the premises, contrary to the true intent and meaning of this act; and likewise upon such person or persons summoned as aforesaid to give evidence, who shall neglect or refuse to appear at such time or times, place or places, as shall be appointed for that purpose as aforesaid, or appearing shall re­fuse to be sworn to give evidence or be examined by or before the said recorder and jury or juries, so as no such fine shall exceed the sum of five pounds; and that such fine or fines, when recovered, shall be forthwith paid into the hand or hands of the overseer or overseers of the poor of the respective parishes where the offender or offenders shall reside, for the use of the poor of such respective parishes.

XV. Provided always, and be it further enacted, that if any such jury shall assess the said lands, tenements, or hereditaments, at a greater value than the said trustees, or [Page 631] any other person or persons authorised by them, shall have offered for the same, then the costs and charges of every kind attending the obtaining such assessment by a jury shall be paid out of the rates and assessments hereby directed to be raised; and if the said jury shall not assess the said premises at a greater value than the sum or sums offered for the same by the said trustees, or other person or persons authorised by them as aforesaid, that then the said costs and charges shall be paid by the party or parties refusing to treat, or to accept the price so offered by the said trustees, or other person or persons.

XVI. And be it further enacted, that it shall be lawful for the said trustees, and they are hereby authorised and required, to cause the whole of the said old church or paro­chial chapel, and the said messuages, tenements, and hereditaments, so to be purchased as aforesaid, to be taken down, and the materials thereof to be sold, or otherwise dis­posed of for the purposes of this act, and the lands thereunto appertaining, or such part thereof as the said trustees shall think fit, to be taken in, walled, fenced, and inclosed, for the purposes aforesaid, at such time or times, and with such materials, and in such manner as they shall think fit; and also to cause a church, or parochial chapel, and a steeple to be erected and built thereon or upon the same, and the said church or chapel yard, or such part thereof as they shall think fit, after such model, and of such dimen­sions and materials, and in such manner, as they the said trustees shall agree upon or di­rect; and also to cause p [...]ws, s [...]ats, and galleries, and such bells, ornaments, and conve­niencies, to be made, erected, and set up, in the said intended church or parochial chapel, as they the said trustees shall or may deem proper or necessary, in order that the said church or parochial chapel, and church or chapel yard, enlarged as aforesaid, may be consecrated and set apart, and completely finished, furnished, and inclosed, for the celebration of divine service, according to the rites and ceremonies of the church of England; all which works, matters, and things, shall be done by contract, or other­wise, subject to the inspection and control of a surveyor or surveyors on the part of the said trustees, as the said trustees shall, from time to time, think proper and most expe­dient to fulfil the intentions of this act.

XVII. And be it further enacted, that all contracts and agreements made or entered into by or between the said trustees and any person or persons whomsoever, relating to any act, matter, or thing to be done or performed in execution of any of the powers hereby granted, shall be reduced or put into writing, and signed by the parties thereto, and shall be good, valid, and b [...]ling, as well upon the said trustees as upon all other parties thereto, his, her, and their executors, administrators, successors, and assigns; and in case of brea [...]h thereof, actions may be brought and maintained, and damages and costs recovered thereon, against the party or parties not performing the same, or specific per­formance thereof may be decreed as in any other case of contracts or agreements between any other person who [...]soever.

XVIII. And be it further enacted, that the scite of the said old church or parochial chapel, and the said tenements, hereditaments, and premises, so to be purchased as afore­said, when taken down as aforesaid, and the same, and the lands and grounds appertaining thereto, laid to the said church or chapel yard as aforesaid, shall be, and the same are hereby added to the said church or parochial chapel yard, or cemetery, for the purpose of enlarging the same; and that the said new church or parochial chapel, when the same shall be com­pleted, finished, consecrated, and rendered fit for the celebration of divine service, and also the said church or parochial chapel yard, or cemetery thereof, so to be enlarged as afore­said, shall from the thenceforth for ever be called or known by the name of, and to all intents and purposes be, the parish church, or parochial chapel, and church or parochial chapel yard of the parish or parochial chapelry of All Saints, and that the same shall be conse­crated, and that divine service, the solemnization of matrimony, baptisms, and all other matters and things which were and of right have been used to be celebrated, solemnized, [Page 632] administered, had, done, and performed by the vicar, minister or ministers, and curate or curates, for the time being, in the said old church or parochial chapel and cemetery, shall and may be celebrated, solemnized, administered, had, done, and performed in such and the like manner, by the present vicar, minister or ministers, and curate or cu­rates, and his and their successors, vicars, ministers, and curates of the said parish or pa­rochial chapelry for the time being, in the said new church or parochial chapel, and the said church or parochial chapel yard, or cemetery, so to be enlarged as aforesaid; and that the church or chapel wardens for the time being of the said parish or parochial chapelry, shall be invested with the bells, ornaments, furniture, seats (except such seats as the said trustees shall or may sell), books, plate, goods, and chattels of the said new church or parochial chapel, and shall have the same power and authority in the said new church or parochial chapel, and church or parochial chapel yard thereof, so to be enlarged as aforesaid, as they now have in the said old church or parochial chapel, and church or chapel yard.

XIX. And be it further enacted, that the said Reverend James Stephen Lushington, the present vicar, or the minister or ministers, curate or curates of the said parish or pa­rochial chapelry, and his and their successors, vicar, minister or ministers, curate or cu­rates for the time being, shall, and they are hereby respectively declared to be the vicar, minister or ministers, and curate or curates of the said parish or parochial chapelry in the said new church or parochial chapel, and church or parochial chapel yard, enlarged as aforesaid, as in the said old church or parochial chapel, and yard; and that the per­son or persons who for the time would have a right of presenting, nominating or appoint­ing a vicar or vicars, minister or ministers, curate or curates to the said old church or parochial chapel, in case the same was not taken down or disused as aforesaid, shall, from and after the said new church or parochial chapel shall be so completed or finish­ed, and rendered fit for the celebration of divine service, have such and the like estate and estates, right, title and titles of and in the said new church or parochial chapel, and church or parochial chapel yard thereof, so to be enlarged as aforesaid, as he or they re­spectively now have, or might or should have had to the presentation, nomination, and appointment of a vicar or vicars, minister or ministers, curate or curates to the said old church or parochial chapel, and according to his or their rights and interests respectively, from thenceforth for ever; and shall and may, from and after the death or avoidance of the present vicar, minister or ministers, and curate or curates of the said parish, or paro­chial chapelry, and on every other future vacancy, present, nominate, and appoint a fit person to be vicar, minister or ministers, and curate or curates of the said new church or parochial chapel, and that such person and persons, and his and their successors, so to be presented or nominated as aforesaid, shall, after such presentation, or nomination and appointment, be the vicar or vicars, minister or ministers, and curate or curates respec­tively and successively of such new church or parochial chapel, and shall have and en­joy such and the same glebes, tythes, oblations, mortuaries, Easter offerings, profits, commodities, and other ecclesiastical dues and duties arising within the said parish or pa­rochial chapelry, as the present vicar, minister or ministers, and curate or curates of the said parish or parochial chapelry have, or ought to have and enjoy, or that any of his or their predecessors, vicars, ministers, or curates of the said parish or parochial chapelry of right had or ought to have had and enjoyed.

XX. And be it further enacted, that it shall be lawful for the said trustees, and they are hereby required to set out and allot unto or for the vicar, minister or ministers, and curate or curates of the said parish church or parochial chapel, for the time being, one of the pews to be built or made in the said intended church or parochial chapel, and one other pew for the said church or chapel wardens for the time being, without paying any compensation or satisfaction for the same, such new pews not being inferior, in point of [Page 633] goodness and convenience, to the pews in the said old church or parochial chapel now occupied by the present vicar, minister, or curate, and church or chapel wardens of the said parish or parochial chapelry; and that all the other of the said pews and seats in the said intended church or parochial chapel shall be sold to the land-holders of the said parish or parochial chapelry, or let and disposed of to the parishioners therein, by the said trustees, and be subject and liable to such annual rents, and to such rules, orders, and regulations, and for such time, and for such number of years, life or lives, and in such manner, with respect to the selling, letting, or disposing thereof, to or amongst the said land-owners and parishioners of the said parish or parochial chapelry, as the said trustees shall order and direct.

XXI. Provided always, and be it further enacted, that with respect to the selling, letting, or disposing of the said pews or seats, to or in favour of any of the said trustees, such trustee or trustees shall be, and he and they is and are hereby excluded from interfering or giving any vote or voice therein; and that no such sale, letting, or disposing of, or rents for pews or seats, as aforesaid, shall be in force until confirmed by the said trustees, not being interested as aforesaid, at the next or some subsequent public meeting or meetings to be had in pursuance of this act as aforesaid.

XXII. And be it further enacted, that the said trustees shall, and they are hereby re­quired to cause the several pews and seats so to be built or set up in the said intended church or parochial chapel, to be numbered, and the several numbers thereof, and the purchase-money and annual rents at which the same or any of them shall be sold, let, or disposed of, to be entered in a book to be provided for that purpose, and to be preserved or kept in the vestry-room of such church or parochial chapel, and to be open to the in­spection of all persons interested therein, at all seasonable times, without fee or reward.

XXIII. Provided always, and be it further enacted, that in taking down of the said old church or parochial chapel as aforesaid, as little damage shall be done to the graves, grave stones, monuments, and monumental inscriptions, in and about the same, as rea­sonably may be, and that such of the said grave stones, monuments, and monumental in­scriptions, as shall be necessarily removed on account thereof, shall be fixed or placed on such other part or parts of the site of the said old church or parochial chapel, or in the said new church, for answering, as far as may be, the purpose or purposes for which the same were originally laid, fixed, placed, or put up, as the said trustees shall, in their discretion, think fit, and that such grave stones, monuments, and monumental inscrip­tions, and also all and every the vaults, grave stones, monuments, and monumental in­scriptions, and right of burial, in such part of the site of the said old church or pa­rochial chapel, except such part of the site of the old church or parochial chapel, or church or parochial chapel yard, as shall be part and parcel of the intended new church or parochial chapel, being the particular property of any person or persons now living, or belonging to the families buried in or under the said old church or paro­chial chapel, or church or parochial chapel yard, shall continue to belong to such per­sons or families respectively, in like manner as before and at the time of passing thi [...] act except as aforesaid.

XXIV. And be it further enacted, that no burials, or interment of dead, shall at any time be allowed or permitted, by any person or persons whomsoever, in or under the site of the said intended new church or parochial chapel, nor any grave or vaul [...] made therein for that purpose.

XXV. And be it further enacted, that as the sale and rents of the pew [...] and seats of the said intended new church or parochial chapel will not be sufficient to answer all the purposes of this act, it shall be lawful for the said trustees, or any five or more of them, being owners of lands, or parishioners in the said parish or parochial chapelry, and they are hereby directed and required, twice, or oftener, in every year, [...]f thought needful by them, by any writing under their hands and seals, to make an assessment or assessments, [Page 634] rate or rates, upon all and every the lands, houses, mills, shops, warehouses, vaults, or other tenements and hereditaments whatsoever, within the said parish or parochial cha­pelry, in any sum of money not exceeding two shillings in the pound in any one year, of the yearly rent or yearly value of such lands, houses, mills, shops, warehouses, or other tenements or hereditaments, all which assessments or rates shall be collected or recovered half-yearly by the church or chapel wardens for the time being of the said pa­rish or parochial chapelry, or any one or more of them, after the same shall be allowed by two or more justices of the peace acting for the said town and county of Newcastle upon Tyne, who shall and are hereby authorised to allow the same, and by warrant under their hands and seals to authorize and appoint the said church or chapel wardens, so appointed receivers and collectors of such assessments or rates (and they are respec­tively hereby impowered and enabled, by virtue of such warrant only), to levy the said assessments or rates upon any person or persons liable to pay the same, who (after de­mand made thereof) shall neglect or refuse to pay such assessments or rates, according to the true intent and meaning of this act, by distress of their goods and chattels, and to retain and keep the same until such assessments or rates, with the reasonable charges of such distress, shall be paid; and it shall be lawful for the person or persons so dis­training, after the space of three days next after such distress taken, to sell the goods and chattels so distrained, returning the overplus (if any) to the owner or owners there­of, after the respective assessment or rate, and the reasonable charges of distraining, keeping, and selling the distress, shall be deducted; one moiety or half part of which said assessment or assessments, rate or rates, shall be sustained, borne, and paid, by the respective landlords and owners of the said lands, houses, mills, shops, warehouses, tenements, and hereditaments respectively, and the remaining moiety or half part by the respective inhabitants, tenants, or occupiers thereof; but in case any such inhabi­tants, tenants, or occupiers, shall not be rated to the poors rate of the said pa­rish or parochial chapelry, then and in such case the whole of the said assessment or assessments, rate or rates, shall be sustained, borne, and paid by the said landlords and owners; and the said tenants or occupiers rated to the poors rate shall and may deduct and detain, out of the rents payable to their respective landlords and owners of the said premises▪ the said one moiety or half part, and if not rated to the said poors rate, then the whole of such rate or assessment shall be allowed, and the landlords and owners, mediate or immediate, according to their respective interests, are hereby re­quired to allow to such tenants such deductions and payments accordingly; and every such tenant paying, or having levied upon him or her, such rate or rates, assessment or assessments, for and upon the landlord's account, shall be acquitted and discharged of and from so much money as the same shall amount unto, as fully and effectually as if the same had been actually paid to any such landlord or landlords, or other person or per­sons, to whom his, her, or their rent was or should be paid or payable; and when any person or persons shall refuse or omit to pay the sum or sums of money rated or assessed upon him, her, or them, on or for or in respect of the houses, lands, tenements, here­ditaments, or premises, held or occupied by him, her, or them, by virtue of this act, the same shall be levied and recovered as directed by this act, not only in the said parish or chapelry of All Saints, but in any other parish or place, the warrant or warrants for recovering and levying the same being first countersigned by some justice of the peace for the county or place where any goods or chattels of the respective person or persons shall be found; and that the monies to arise by the sale or letting of the said pews, and by such assessment or assessments, so to be made as aforesaid, and all other sum or sums of money to be received on account of the said church or parochial chapel, and the yard thereof, shall be, and the same are hereby vested in the said trustees, and shall be applied or appropriated by them for the purposes of this act.

[Page 635]XXVI. And be it further enacted, that the said church or chapel wardens for the time being, and each and every of them, shall, once in every six calendar months at least, and from time to time, as often as he or they shall be thereunto required by the said trustees, deliver in writing under his or their hand or hands, upon oath, if so re­quired, to the said trustees, or unto such person or persons as they shall appoint, a true, faithful, and perfect account of all such sum and sums of money as they, or any of them, have or hath collected or received for or on account of the said sale or rents of the said pews or seats, rates or assessments, and of all and every other sum and sums of money to be received, or which shall have been rated or assessed as aforesaid, and not received, and of all other matters and things done and performed by them, or any of them, by virtue of this act, for the purposes aforesaid; and shall deliver in all accounts, books, papers, and vouchers, relating thereto, and shall duly account and pay unto the said trustees, or to the treasurer or treasurers to be appointed by the said trustees as aforesaid, all sum and sums of money remaining in the hands of the said church or cha­pel wardens, or any of them; and in case such said church or chapel wardens shall re­fuse or neglect to account for and pay any sum or sums of money collected or received by them respectively by virtue of this act, and which shall remain in his or their hands respectively as aforesaid, or to deliver in such accounts, books, papers, and other vouchers, it shall be lawful for any two or more justices of the peace of and for the said town and county of Newcastle upon Tyne, upon complaint thereof made to them, to make inquiry of and concerning such neglect or refusal, as well by confession of the party as by the oath or oaths of any credible witness or witnesses; and if any such church or chapel warden shall be convicted of such neglect or refusal before such justices, the said justices shall thereupon commit the person so offending to the common gaol of the said town and county, there to remain, without bail or mainprize, until he shall have made a true and perfect account and payment as aforesaid, or shall have com­pounded for the same with the said trustees; which composition the said trustees are hereby authorised and empowered to make and receive.

XXVII. And be it further enacted, that it shall be lawful for the said trustees, and they are hereby authorised and impowered to borrow and take up at interest, on the cre­dit of the assessments and rates to be laid and raised by virtue of this act, such sum or sums of money, to be applied to the purposes of this act, as they shall think expedient, so as the same do not exceed the sum of one thousand pounds; and they are hereby impowered to demise or mortgage the said assessments and rates, or any part or parts thereof, as a security to any person or persons, or to their trustee or trustees, for such sum or sums of money so to be borrowed, and for the interest thereof.

XXVIII. And be it further enacted, that the said trustees shall cause entries to be made in a book or books of all such sums of money as shall be received from or on ac­count of the said sale of pews, rents, rates, or assessments, and from the said materials, and otherwise, under this act, and also of, from, or on account of the voluntary contri­butions or subscriptions of any person or persons disposed to promote the said pious un­dertaking, and all other receipts of money whatsoever to be received on account of this act; and also of all payments, debts, and credits to be made, or caused to be made, by the said trustees, or which shall arise from, or be occasioned by, the carrying of the powers of this act into execution, or any other matter or thing relating thereto; and also of all other their proceedings under this act; which book or books shall, from time to time, and at all convenient times, be open to the inspection and perusal of any person or persons paying, or liable to pay any sum or sums of money for or on account of the sale of pews, or any of the said rents, rates, or assessments, or voluntarily contri­buting or subscribing any sum or sums of money for or towards the purposes of this act.

[Page 636]XXIX. And be it further enacted, that when the said intended church or parochial chapel, and the steeple, bells, and seats, with the appurtenances, shall be finished and completed, and the works, with respect to the old church or parochial chapel, and the said houses, lands, hereditaments, and premises, and the said church or parochial cha­pel yard, and all other matters and things, shall be done and performed in pursuance of this act, and all debts contracted on account of carrying the powers of this act into execution be paid, the powers granted to the aforesaid trustees by this act shall cease and determine, the said rates shall also cease, and the said pews and seats in the said intended church shall from thenceforth at all times afterwards be sold, let, or disposed of, except such pews as shall be sold or let by the said trustees in pursuance of this act, subject to the contracts then existing with respect thereto (if any) by the parishioners and inhabitants of the said parish in vestry assembled, or the major part of them then present; and that the money and rents from thenceforth to arise from the sale, letting, or disposing of the said pews, and also such sum or sums of money received under this act, from the sale and rents of the said pews and seats, and the said rates or assessments, and otherwise, as shall remain unapplied after the purposes of this act shall be satisfied, shall be applied in such manner as they the said parishioners and inhabitants in vestry assembled, or the major part of them then present, shall think fit.

XXX. And be it further enacted, by the authority aforesaid, that all costs, charges, and expences of passing this act, and all other charges incident to the obtaining thereof, shall be borne, paid, and defrayed out of the first monies arising by virtue thereof, or from such voluntary contributions as aforesaid.

XXXI. Provided always, and be it further enacted, that, during the time of taking down the said old church or parochial chapel, and building and finishing the said in­tended new church or parochial chapel as aforesaid, banns of marriage shall and may be published, solemnization of marriage, baptisms, and divine service, and all other mat­ters and things which were, and of right have been used to be celebrated, solemnized, administered, had, done, and performed by the vicar, minister or ministers, and curate or curates for the time being, in the said old church or parochial chapel, shall and may be celebrated, solemnized, administered, had, done, and performed in such and the like manner, by the present vicar, minister or ministers, and curate or curates, and his and their successors, vicars, ministers, and curates of the said parish or parochial cha­pelry for the time being, in the chapel called St. Ann's; and that Trinity chapel shall be open for divine service, on Sundays and holidays, in the said parish or parochial chapelry.

XXXII. And be it further enacted, that all penalties and forfeitures by this act im­posed shall and may be levied and recovered in like manner as the assessments or rates hereby authorised to be made and collected can or may be levied and recovered.

XXXIII. And be it further enacted, that if any person or persons shall find him or themselves aggrieved by any order, direction, or appointment of the said trustees, or by means of the said rate or rates, assessment or assessments, or any other matter or thing to be made, done, or committed in pursuance or under colour of this act, it shall be law­ful for such person or persons to appeal to the next quarter sessions of the peace to be held in and for the said town and county of Newcastle upon Tyne, before the mayor and aldermen for the time being of the said town and county, or the greater number of them, then and there assembled, and they are hereby authorised to summon and examine witnesses upon oath, and to hear and determine the matter of the said ap­peal, and make such order therein as to them shall seem meet, which order shall be final and conclusive to all parties; but so as that such appeal shall be made within two calendar months next after the cause of complaint shall have arisen, and that the person or persons so appealing shall first give, or cause to be given, ten days notice at the least [Page 637] in writing, of his or her intention of appealing as aforesaid, and of the matter or cause thereof, to the church-wardens for the time being of the said parish, or to the clerk to the said trustees, and within two days next after such notice entering into a recognizance before the said mayor, or some or one of the said aldermen, with two sufficient sureties, conditioned to try such appeal, and abide by the order, and pay such costs as shall be made and awarded thereon; and that such mayor and aldermen, upon hearing and finally determining the matter of such appeal, shall and may, and they are hereby di­rected or required to award such costs to the party or parties appealing, or appealed against, as they shall think proper.

XXXIV. And be it further enacted by the authority aforesaid, that no action or suit shall be commenced against any person or persons, for any thing done in pursuance of this act, until twenty-one days notice shall be given thereof, in writing, to the clerk to the said trustees, or after sufficient satisfaction, or tender thereof, hath been made to the party or parties aggrieved, or after two calendar months next after the fact committed for which such action or actions, suit or suits shall be so brought; and every such action shall be brought, laid, and tried in the said town and county of Newcastle upon Tyne, and not in any other town, county, or place; and the defendant or defendants in such actions and suits, and every of them, may plead the general issue, and give this act and every special matter in evidence at any trial or trials which shall be had thereupon; and if the matter or thing shall appear to have been so done, or if it shall appear that such action or suit was brought before twenty-one days notice thereof given as aforesaid, or that sufficient satisfaction was made or tendered as aforesaid, or if any such action or suit shall not be commenced within the time before for that purpose limited, or shall be laid in any other county or place than as aforesaid, then the jury or juries shall find for the defendant or defendants therein; and if a verdict or verdicts shall be found for such defendant or defendants, or if the plaintiff or plaintiffs in such action or actions, suit or suits, shall become nonsuited, or suffer a discontinuance of such action or actions, or if upon any demurrer or demurrers in such action or actions, judgment shall be given for the defendant or defendants therein, then and in either or any of the cases aforesaid, such defendant or defendants shall have treble costs, and shall have such remedy for recovering the same as any defendant or defendants may have for his, her, or their costs in any other cases by law.

XXXV. And be it further enacted by the authority aforesaid, that where any distress shall be made for any sum or sums of money to be levied by virtue of this act, the distress itself shall not be deemed unlawful, nor the party or parties making the same be deemed a trespasser or trespassers, on account of any default or want of form in any pro­ceedings relating thereto, nor shall the party or parties distraining be deemed a trespasser or trespassers ab initio, on account of any irregularity which shall afterwards be done by the party or parties distraining; but the person or persons aggrieved by such irregu­larity may recover full satisfaction for the special damage in an action on the case: Pro­vided always, that no plaintiff or plaintiffs shall recover in any action or actions for any such irregularity, trespass, or other proceedings, if tender of sufficient amends shall be made by or on the behalf of the party or parties who shall have committed or caused to be committed any such irregularity, trespass, or other wrongful proceedings, before such action brought; and in case no such tender shall have been made, it shall be lawful for the defendant or defendants in any such action, by leave of the court where such action shall depend, at any time before issue joined, to pay into court such sum of money as he or they shall see fit, whereupon such proceedings, order, and judgments shall be made, had, and given, in and by such court, as in other actions where the defendant is allowed to pay money into court.

[Page 638]XXXVI. And be it further enacted by the authority aforesaid, that no proceedings to be had touching the conviction of any offender or offenders against this act, or any order made, or other matter or thing to be done or transacted in or relating to the exe­cution of this act, shall be vacated or quashed for want of form, or be removed or re­movable by certiorari, or any other writ or process whatsoever, into any of his Ma­jesty's courts of record at Westminster, any law or statute to the contrary notwith­standing.

XXXVII. And be it further enacted by the authority aforesaid, that this act shall be taken and allowed, in all courts of justice, as a public act; and all judges, justices, and others, are hereby required to take notice thereof as such, without the same being spe­cially pleaded.

APPENDIX, P. 364. ALL SAINTS CHURCH. FOUNDATION OF ST. CATHERINE'S CHANTRY. (From a Parchment in All Saints Vestry.) (Dorso) "The Copie of the Fondacion of Saynt Katreyn's Chauntre in Allhallows Church."

UNIVERSIS Christi fidelibus ad quos presens scriptum pervenerit Robertus de Chirton burgens' ville Novi Castri super Tynam et Mariota ux' ejus filia et heres Hugonis Hankyn quondam burgensis ville Novi Castri predict' salutem in Domino sempiter­nam. Cum Dominus noster Rex per cartam suam nobis dederit et concesserit licenciam quod dare possumus cuidam capellano divina singulis diebus in ecclesia Omnium Sanctorum ville Novi Castri predict' celebratur' pro anima dicti Hugonis—pro salu­bri statu nostro Beatrieis que fuit ux' predici' Hug' Gilberti Hankeyn patris pre­dict' Hug' et liberorum nostrorum dum vitam duxerimus in humanis et pro animabus nostris et liberorum nostrorum predictorum Beatricis et Gilberti et liberorum suorum cum de hac luce migraverimus ac eciam pro animabus omnium antecessorum nostrorum et animabus omnium fidelium defunctorum Nos ob devocionem quam erga Dominum nostrum Jesum Christum gloriosamque Virginem Mariam matrem suam et beatam virginem Katerinam habemus ac eciam pro salute animarum nostrarum et ammarum predict' unanimi consensu & voluntate dedimus concessimus et hac presenti carta nostra confirmavimus Domino Ade Nynepenys capellano divina in ecclesia Omnium Sanctorum predict' ad altare beate Katerine virginis pro anima predict' Hugonis et pro nobis et liberis nostris predict' Beatrice Gilberto et liberis suis et pro animabus omnium fidelium defunctorum ut supradictum est singulis diebus celebratur' centum solidat' annui reddit' in villa Novi Castri predict' exeuntis de terris et tenement' subscript' vide­licet de capit' messuag' in quo predict' Hugo inhabitavi [...] juxta aquam de Tyne tempore mortis sue tresdecim solid' et octo denar' argenti de tota terra nostra cum pertinentis jacente in Russelchare inter terram Sibille de la Gore & terram Thome de Scothowe duodecim solid' argenti de terra quam Ricardus Vans et Matild' ux' ejus in vito Cernisicum [Page 639] juxta le Ollecrosse de nobis tenet in feod' quadraginta et tres solid' et quatuor denar' ar­genti et de terra quam Nigellus Carter et Inecta ux' ejus de nobis tenet in feod' in vico qui vocatur Senedgate septem solid' argenti percipiend' predict' annuum reddit' per manus quorumcunque tenentium dictorum tenementorum ad festa Pentecost' et Sancti Martini in hyeme per equales porciones et tota' illa' terra' cum pertinenciis quam Stephanus Hacter et Isolid' uxor ejus de nobis tenet in feod' in Roskelschare juxta aquam de Tyne viginti et quatuor solid' argenti percipiend' per manus quorumcumque vere tenencium predicte terre ad festa Pasche et Sancti Michaelis Archiangeli per equales porciones habend' et tenend' predict' annuum reddit' centum solidorum predict' Do­mino Ade ad totam vitam suam et successor' suis capellanis divina in ecclesia predict' ad predictum altare ut supradictum est singulis diebus celebratur' in forma que subse­quitur ita viz. quod si predict' annuus redditus centum solidorum ad aliquem termi­num a retro fuerit non solut' quod bene liceat predicto Domino Ade et successoribus suis capellanis in omnibus terris et ten' supradictis ad quorumcumque manus devenerint distringere et districciones asportare et retinere quousque de predict' annuo reddit' cent' solid' et arrerag' si que fuerint plenum fuerit satisfactum. Volumus eciam et con­cedimus per presentes pro nobis et hered' nostris quod post decessum predict' Dom' Ade unus honestus et idoneus capellanus per nos vel heredes nostros et per predictum Gil­bertum et heredes suos et hoc per consilium et auxilium proborum hominum de pre­dicta parochia Omnium Sanctorum ad hoc per eosdem vocatorum ad predictum canta­riam eligatur et in eadem instituatur habend' et tenend' ad totam vitam suam dum bene et honeste se gesserit ita quod idem capellanus interfit omnibus horis canonicis in dicta ecclesia singulis diebus celebratur' nisi ex causa rationabili impediat' quod si vo­luerit vel eciam si idem capellanus vel successor' sui aliquo enormi et notorio crimine fuerint inquietati vel ..... vel si a celebracione predicta per duos dies in ebdomeda cessaverint sine rationabili causa nisi alium idoneum capellanum loco suo ad voluntatem nostram vel hered' nostrorum assignaverit infra eand' septimana' quod statim de canta­ria illa amoveatur & alius idoneus et honest' capellan' loco suo ad cantariam predictam ut predictum est eligatur et in eadem instituatur habend' et tenend' ad terminum vite sue in forma predicta et quod sic fiat electio & remocio de singulis capellanis successive ad dictam cantariam imperpetuum eligend' Volumus eciam et concedimus pro nobis et heredibus nostris quod si contingat nos vel heredes nostros predictum Gilbertum vel hered' suos absque hered' in fata decedere quod absit quod quidam idoneus et honestus capellanus per majorem ville Novi Castri predicti et per ballives * qui pro tempore fuerint per auxilium et consilium dictorum decem proborum hominum ex parochia Omnium Sanctorum antedicta ad dictam cantariam eligatur et in eadem instituatur habend' et tenend' sibi et successoribus suis in forma predicta imperpetuum Et ego Mariota non coacta nec viant metu predicti Roberti viri mei ducta set mea voluntate spontanca com­par [...]i in plena curia ville Novi Castri predicte et ibidem infra quatuor bane [...]s ejusdem curi [...] tactis sacrosanctis Dei Evangelus juravi coram majore et ballivis ejusdem ville quod quicquid de predicto Roberto vito meo de cetero evenire contigerit quod istud factum nunquam contia [...]o nec aliqu [...]liter contra [...]e presumam set volo et concedo pro me et heredibus meis quod ego et heredes mei ab omni jure et accione qu [...] in predicto annuo reddit' de cetero al [...]quinter facere pote [...]mus per istud factum imperpetuum simus exclusi F [...]no [...] Robertus et Mariota et heredes mei Mariote predict' annum' red­dit' centum solidorum predicto Domino [...]ide et successoribus suis capellanis divina in ecclesia predicta ut prerominatur celebratur' in forma prevocata contra omnes gentes warantiza [...]imus et imperpetuum defendemus In cujus [...]ei testimonium &c. Dat' &c.

APPENDIX, P. 366. From an original old Deed, a little mutilated in some Places, which had been used as a Wrapper to some old Writings, the Property of the Brandling Family, communicated by N. Clayton, Esq. (Dorso) "Gosforth old Writings."

THIS indenture tripertite indentid maid the first day of December the 20 yere of the reigne of our soveraine Lord Kyng Henre the 7th witnesseth that this is the last wyll of me John Esyngton of the town of Newcastell upon Tyne merchaunt one of the executors of the last wyll and testament of John Warde late of the said towne of New­castell merchaunt decesed concernyng the use disposicion and ordryng of such landes and tenementes in the said town of Newcastell which I aforsaid John Esyngton with John Eltham late of the said town merchaunt decesed and Sir John Swardlan prest as executors of the said John Ward hade by the gyfte and legacy of the said John Warde as in the said testament of the said John Warde dated the 24th day of Juyn the yere of our Lord God a thousand foure hundreth threescore and one it doth appere whereof I the said John Esyngton by my dede indentyd tripartite beering date the 20th day of November the yere of our soveraine Lord aforehersed have in feoffett William Esyngton Cristofor Brigham John Snow Robert Baxter John Penreth John Pasheley Thomas Horseley Robert Watson Rauff Byker William Hayrbred Edward Hogeson and George Houghill to have to them ther heires and assignes for evyr to thuse and entent of performyng of this my pre­sent last wyll and testament concernyng the said landes and tenementes with thappur­tenaunce as by the said dede indentid tripartite mor playnly it apperyth as the ord [...]yng fyndyng and sustentacion of a prest yerely herwith to be susteyned in perpetuitee in ma­ner and form herafter ensewyng First I wyll that with the said landes and tenementes with thappurtenaunce and with thissues and profites therof ther shalbe ane honest and able prest foundyn yerely for evyr to syng divyn service in [...]he parish chirch of Alhalows in the town of Newcastell aforsaid at the alter of Seynt Eloy for the soules of the said John Warde and Margret his wyff ther ancesters benefactors and my soule and all cristen soules which prest shall be named appointed and assigned to the same service by me the said John Esyngton at my pleasure duryng the lyff of me the said John Esyngton and after my decesse than whanevyr thair shall lak a prest to do the said divyn service that then and all tymes when the said service shalbe voide and no preste ordeyned ne ap­pointed by reason of and accordyng to this my last wyll therof maid to syng and say the said divyn service in maner and form on thies presentes herafter to be ....... clared that then and so often within thre daies next after such avoydance the said feossees and ther heires for tym beyng togedir with the maior of the said town of Newcastell for the tym being and the vicar of the said town of Newcastell for the tym beyng or his deputie ther for the tym beyng shall name ordeyn appoint and assign a pr [...]st convenient and ho­nest in conversacion and also able to syng and to help to syng all maner of divyn services dayly that is to say Matyns Masse Evynsong Placelo & Dirige and all other divyn ser­vices dayly and at such tymes and in such wise as hath ben or shalbe accustomed in the said parish ch [...]rch And if the said scoffees or their heares at any such tyme of appointement and assignment of any such prestes to the said service happen to vary and no [...] to be of one agrement that thassent of the said feoff [...]es or ther heires within the space of the said thre daies next after any such avoydance of the said service by doth o [...] [...]mo [...]ion fro the same or for any other cause in thies presentes declared and expressed [Page 641] that then the maior of the said town of Newcastell and the vicar of the said town of Newcastell or his deputie in his absence for the tym beyng shall without thassent of the said feoffes or ther heyres name ordeyne assign and appoint a prest convenient in con­versacion and also able to syng and help to syng all divyn services in the said church in the form aforsaid which prest and every prest so named ordeyned appointed and as­signed to the said service shall have and enjoye the said landes and tenementes for term of ther lyffs. Provided alway that if it happen any of the said prestes so to be named and assigned after that he have and be in the said service to be of vicious disposicion of his body and to be notoriously misguyded and nott of prestly lyvyng ne of honest con­versacion and disposicion than if any such prest for the tym beyng beyng of any such disposicion or conversation be warned therof and required to reform the same the said feoffes or ther heires or by the maior of the said town of Newcastell for the tym beyng and by the said vicar in his absens by his deputie in his said chirch for the same tym beyng and so warned and required doo not amend and reform hymselfe of the same unto such good vertuous and honest conversation and disposicion as by the same feoffes and ther heires or by the said maior and vicar or his deputie in his absens shalbe thought convenient and prestly that than any such prest for the tym beyng so mysguyded after warnyng therof gyffen in form aforsaid nott reformed shalbe amovin and put from the same service and another able and honest prest to serve and have the said service be named ordeyned and assigned to have the same service the same namyng appointment and assignment to be within such space of the same amovings by such persones and in such wisse in every thing as is above expressed and declared of namyng ordryng appoint­yng and assignyng of a prest to the said service at the tymes of the avoidaunce of the same And in lykwisse if any prest hereafter in forme aforsaid to be named and ap­pointed havyng the said service happen to be promoted to any personage vicarage or any other benefice or chantry or to any other annual service or ells wyll of his own fre wyll depart fro the said service and no longer have the same or ells if he be absent fro the said service and do nott his attendaunce to the same by the space of 28 daies in a holl yere without cause resonable so to do that than and so offt another honest and able prest shalbe ordeyned named appointed and assigned to the same service in such wisse as is afor­said by the said personnes therto appointed and expressid and within the said space of thre daies after havyng of any such benefice chantry or other service of such cesyng or departing fro the same service and of lak of convenient attendaunce of the same without cause resonable so to doo The said maner and form of namyng ordryng appointyng and assignyng of evry prest to the said service to be admitted and to have the same and the advodyng amoving and cesyng of evry such prest on form aforsaid to be kept and performed in evry thing fro tym to tym as offt as the case shall require accordyng to this my present wyll in that behalf and accordyng to the true and best entent of performyng and kepyng of the same in perpetuite and for ever to be continued ...... that evry prest hencef [...]rth to be named appointed and assigned to the said service as long as he shall happen to have the same service shal be in the qwere of the said church of Alhalows in his surples present at and helpyng to syng all divyn service that shalbe done in the said church ...... matyns pryme ...... masse evyn-song and (complyn) and all other divyn service that shalbe songyn or saide ther in such wisse and at such tymes as hath bene and shalbe accustomyd to syng and say and do the same divyn services in the same church And over this that ev [...]y such prest so havyng the said service shall daylay say masse at the said awter of Seynt Eloy in the said church for the soules aforsaid as the tyme of the yere shall require in that behalfe and every wek one tym to say masse of requiem or in such wysse as the same prest shall think convenient And in evry masse to say the colett of Deus cui proprium est miserere semper & parcere, propiciaris anime [...]amuli tui Johan­nis Warde & Margarate uxoris sue with the secret and postcom of the same therto belong­yng [Page 642] And thre daies evry wek that is to say Monday Weddynnysday and Fryday to say afor the said alter in the said porch of Seynt Eloy Placebo and Dirige with the orisons and versicles therunto belongyng all the said divyn services to be songyn and helpen to syng in form aforsaid by the prest havyng the said service and also the said masses dayly with colletts at evry of the said masses and also the said wekly Placebo and Dirige to be don and said by evry prest havyng the said service in form aforsaid except that he be sek or so diseased that he may nott conveniently so to do or ells that he have such resonable cause that he may nott so doo And that evry prest that hereafter shalbe admitted as­signed and appointed to the said service shall at the tym of his dimission and entryng to the same be sworn upon the holy Evangelistes before the said feoffes or ther heires the maier of the said town of Newcastell and the vicar of the said church or in his absence before his deputie ther for the tym being that he shall to his knowleg and power per­form observe and kepe all and evry ordenaunce in thes presentes ordeyned and de­clared to be don and performed by evry prest that shall have the said service And for the sure performaunce of all the premisses and for the said prest to observe and kepe the sayd dyvyn services and other premisses and the same to continew in perpetuite I wyll and declar by this my present wyll and testament concerning the premisses that whenso­ever so many of the said persons whom I have infeoffyd of the landes and tenements with thappurtenaunce afor rehersed shall happen to decesse that ther shall not be of them past foure persons livyng than the said persons so livyng shall by thar sufficient dede tripartit indentid of the said landes and tenementes and other premisses with thap­purtenaunce afor rehersed enfeoff twelve other personnes by the maier of the said towne of Newcastell for the tym being and the vicar of the said town or ells by the same maier and in absens of the said vicar by his deputie ther for the tym being to be named to have to them and ther heires and assignes for ever with a clause in the same feoffa­ment that tha [...] shall have the same landes and tenementes with thappurtenaunce afor­said to thuse and entent therof to perform the last wyll of me the said John Esyng­ton in thies presentes indenturs expressid and declarid and under this forme I wyll that the said landes and tenements with thappurtenaunce afor rehersed shall continew and be for ever in the possession and season of certeyn personnes to thuse above rehersed And alway whensoever there shalbe but foure persones that shall have thastat of the said landes and tenements with thappurtenaunce aforsaid from tym to tym by them that than shall have thastat of and in the same to other twelff personnes to be named as is afor­said and so to continew by feoffament to be maid as oft as the cas shall require to twelff personnes in fee simple fro tym to tym in perpetuite evyry of the said feoffament to be mad by his dede tripartite indentid to such twelff personns as shalbe therunto named and appointed by the said foure personnes of the said twelff so survyvyng in fee simple to thuse and entent abovesaid. Provided also that if the said prest after the form afor re­hersed so appointed named deputed and assigned to the said service in his negligence and oversight suffer the landes and tenements specified and expressed in the said feoffament maid by me to thuse and entent of performaunce of this my last wyll of the same to decay and be in ruine so that thissues profittes and revenues of the same wol nott be in amount to the full ...... of his salarye expressed in this my last wyll over and above the reparacions of the sam landes and tenements accordyng to this my last wyll of the same that then I wyll the said lands and tenements with thappurtenaunce afor re­herced shall continew and be for ever in the possession and seassyng of ..... thuse and entent of and for thupholdyng of th [...] almousehouse called John Wardes Almousehouse stondyng in Cow [...]ate nye the Fyer Augustyns in the said town of Newcastell lately edified and belded by the said John Warde and for relevyng of almouse bedefolks inhabytyng in the said almoushouse .......... shall inhabyt and dwell in the said almousehouse for ever and so by feoffament to continew to thuse and entent afor reherced in per­petuite [Page 643] Of every of which deds tripartit indentyd I wyll that one partie of them shall remayn with them to whom the said londs and tenements with thappurtenaunce aforsaid shall be yeven ...... of every of the same indentures shall remayn and be in the kepyng of the prest that shall have the said service to thentent that he may take per­ceive and have every yere clere of the profyttes issues of the said londs and tenements eight mares to his salarie and of the resideu of the profittes and issues of the said londs above the reparacions thereof .... accompte unto the said feoffes and ther heires so that the overplus therof be yeven to the almous folkes in Wardes almoushouse aforsaid for ever And the third parte of every of the same indentures shall remayn and be putt in a chist in the revestry within the said church of Alhalows ther to remayn and be under the kep­yng of the wardens of the said church for the tym being ther to remayn in perpetuite for surte of the continuance of the said feoffament of and in the said londes and tenements with the appurtenaunces to be continued and stond in effect accordyng to the true en­tent of thies presentes and that evry of the said prests which shall have the said service at such tymes as any parte of the said deds of feoffament of the said londs and tenements with thappurtenaunces aforsaid shalbe delyvered to hym that he shalbe sworn upon the holy Evangelistes that whensoever he shalbe amoven fro or shall cesse of being in the said service that he shall ...... said feoffes that so shall be enfeoffed of and in the said londs and tenements with thappurtenaunces to thentent that thai shall cause the same to be delyvered to the next prest that shall have the said service upon lyk oth to be mad and that whensoever any such prest havyng the said service shall ...... of the said londes and tenements with thappurtenaunce aforesaid that than he shall delyver the old feoffament that he had befor to the said feoffes for the tym being to be kept in maner and forme as is afor reherced in perpetuite In witnes whereof to every parte of this my last wyll I have sett to my seall and bycause my seall to many men is unknowen the seall of th' office of mairaltie of the said town of Newcastell I have procured to be sett to every parte of thies indenturs tripartit Thir witnes the said Cristofor Brigham then being maior of the said town of Newcastell ....... Robert Harden Bertram Younghusband Thomas Riddall Willm Haynyng aldremen of the said town and John Blaxton sheriff of the said town with other moe Yeven day and yer afor reherced.

(Part of a slip remaining—seals lost.)

APPENDIX, P. 402. Confirmatio Ordinationis Hospitalis de Walknoll, infra Villam Novi Castri.

UNIVERSIS sanctae matris ecclesiae filiis ad quos presentes literae pervenerint Thomas permissione divina Dunelm' Episcopus, salutem in eo quem peperit uterus virginalis. Universitati vestrae innotescimus per praesentes quod quandam car­tam quatripartitam Willielmi de Acketon burgensis villae Novi Castri super Tynam nostrae dioces' super ordinatione cujusdam hospitalis ordinis sanctae Trinitatis super le Walknoll infra dictam villam Novi Castri per ipsum factam, sigillo ejusdem Willielmi, ac sigillo communi dictae villae Novi Castri sigillatam, sanam, & integram, ac omni sus­picionis vitio carentem recipimus & inspeximus in haec verba:

[Page 644]In nomine sanctae & individuae Trinitatis, Patris & Filii & Spiritus Sancti, per hanc cartam quatripartitam pateat universis quod ego Willielmus de Acketon burgens' villae Novi Castri super Tynam Dunelm' dioces' inter opera pietatis Deo grata reputans & acceptum, per augmentum cultus divini & pietatis, praecipue ministerio sacerdotum, & per exhibitionem sustentationis pauperum, infirmorum, & clericorum terrena & tran­sitoria in aeterna & coelestia felici commercio commutare, auctoritate & consensu vene­rabilis patris Domini Thomae Dunelm' episcopi, loci diocesani, & sui capituli ecclesiae cathedralis Dunelm' dedi, concessi, & hac praesenti carta mea quatripartita confirmavi, intuitu caritatis, & pro salubri statu dicti venerabilis patris, & serenissimi principis, Do­mini Edvardi Dei gratia Regis Angliae & Franciae illustris, progenitorum & haeredum suorum, pro salute corporum & animarum mei, Mariae uxoris meae, Roberti de Oggell, Willielmi del Strother, & Roberti de Angerton, & pro salute animarum Willielmi de Thorald, Dionisiae uxoris suae, Willielmi de Acketon patris mei, Isoldae uxoris suae ma­tris meae, Johannis, Thomae, Walteri, Edae, Adae, Edmundi, Willielmi, Petri, & om­nium antecessorum, benefactorum, amicorum meorum & successorum eorum, & om­nium fidelium defunctorum, licentia dicti Domini Regis super hoc concessa & optenta, Deo & sanctae Trinitati, quae est Pater & Filius & Spiritus Sanctus, & hi tres unum sunt, & Willielmo de Wackefeld fratri ordinis sanctae Trinitatis & confratribus dicti ordinis, pauperibus, & infirmis, sive clericis, totam illam terram vocatam le Walknoll in predicta villa Novi Castri cum suis pertinentiis, super quam terram edificavi unum hospitale in honore sanctae Trinitatis, pro inhabitatione unius custodis perpetui, confra­trum, pauperum, infirmorum, & clericorum, qui in eodem hospitali morabuntur, & suc­cessorum suorum, in perpetuum, dedi & concessi Deo & sanctae Trinitati, ac praedictis fratri Willielmo de Wackefeld, confratribus, pauperibus, infirmis, & clericis supradic­tis in dicto hospitali morantibus, & in perpetuum moraturis, in puram & perpetuam ele­mosinam, & sustentationem eorundem & successorum fuorum, unum messuagium, cum pertinentiis suis quod quondam fuit Hugonis de Haldenby, sicut jacet per suas rectas & antiquas divisas, in predicta villa Novi Castri, inter tenementum in quo Robertus de Norrays inhabitat ex parte una & venellum in quo Johannes Graper inhabitat ex parte altera. Dedi etiam & concessi Deo & sanctae Trinitati & predicto Willielmo de Wackefeld, confratribus, pauperibus, infirmis, sive clericis supradictis duo celaria in an­teriore parte messuagii in quo Robertus Elward inhabitat, sicut jacent in longitudine in­ter terram Thomae de Kelson ex una parte ex opposito del Calecross ejusdem villae, & venellum Johannis Abell ex altera, & extendit se in latitudine a via regia usque ad ce­larium dicti Roberti dicti messuagii, excepto introitu dicti Roberti. Dedi etiam & con­cessi Deo & sanctae Trinitati, & praedicto Willielmo de Wakefeld, confratribus, pau­peribus, infirmis, sive clericis supradictis unam placeam terrae cum suis pertinentiis ja­ [...]entem in villa predicta Novi Castri, sicut jacet per suas rectas & antiquas divisas, in latitudine inter terram Johannis de Stanhoppe ex parte una, & terram quondam Thomae Milson ex parte altera, & extendit se in longitudine a via juxta murum Domini Regis usque ad gardinum meum de tentorio. Concessi etiam Deo & sanctae Trinitati & prae­dicto Willielmo de Wackefelde, confratribus, pauperibus, sive clericis supradictis unum annuum redditum triginta & trium solidorum & quatuor denatiorum exeuntem de quo­dam tenemento meo in villa predicta Novi Castri juxta Lorteburne, quod Adam Market quondam tenuit. Concessi etiam Deo & sanctae Trinitati, & Willielmo de Wackefeld, confratribus, pauperibus, & clericis supradictis unum annuum redditum triginta & sex solidorum & octo denariorum exeuntem de toto tenemento meo in villa predicta juxta Lo [...]teburne, quod Alicia de Brandon quondam tenuit; quae quidem tenementa jacent inter terram David de Rodam ex parte boriali & tenementum Roberti de Angerton ex parte australi. Concesti etiam Deo & sanctae Trinitati, & Willielmo de Wacke­felde, confratribus, paup [...]ribus, & clericis supradictis unum annuum redditum quin­quaginta [Page 645] & septem solidorum & quatuor denariorum exeuntem de toto illo tenemento quod Robertus Elward de me tenet in villa predicta in vico vocato le Flesshewer Rawe, sicut jacet inter terram Thomae de Kelson ex parte una, & terram Johannis Abell ex altera. Concessi etiam Deo & sanctae Trinitati, & Willielmo de Wakefeld, confratri­bus, pauperibus, & clericis supradictis unum annuum redditum decem solidorum ex­euntem de tenemento Thomae de Kelson ex opposito le Calecrosse in villa predicta in puram & perpetuam elemosinam, ad inveniend' & sustinend' tres fratres capellanos dicti ordinis vel aptos ordinibus, ita quod sint infra duos annos capellani canonice or­dinati; quorum unus sit custos perpetuus dicti hospitalis tres pauperes & infirmos, tres clericos scolatizantes & addiscentes in dicto hospitali moraturi & in capella dicti hospita­lis instructuri. Ut custos & confratres sui predicti, capellani, pauperes, & clerici su­pradicti, in dicto hospitali, & infra mansum ejusdem hospitalis habitabunt, & de bonis communibus dicti hospitalis in esculentis, & potulentis, & lectis, sustentationem suam percipiant & habebunt, secundum posse dicti hospitalis, ac tres lectos competentes pro hospitibus ibidem accedentes habebunt & invenient paratos. Volo etiam & dispono, quod praedicti custos & confratres singulis diebus horas suas canonicas in capella dicti hospitalis dicant vel psallent tempore competenti, & cessante impedimento, singulis diebus missas suas celebrent sive dicant in capella dicti hospitalis, prout ab commodita­tem peregrinorum & aliorum extraneorum ad dictam villam accedentium & ab eadem redeuntium melius videbitur expedire. Dictique pauperes, infirmi sive clerici orationes & preces suas faciant pro salubri statu viventium, & pro salubri statu corporum et ani­marum praedictorum: Ita viz. quod eorum quilibet dicat singulis diebus viginti Pater Noster & totidem Ave, vice & horae nomine matuticinalis, ac vice & horae nomine primae quinque Pater Noster & Ave, & pro singulis horis diei totidem, viz. tertiae, sextae, nonae, vesperarum & completo [...]i: & quod praedicti clerici in omnibus festis duplicibus per to­tum annum & in vigiliis eorundem, in capella dicti hospitalis ministrent & deservient, & ad ista facienda & complenda onerentur singuli, custos, sacerdotes, pauperes, infirmi sive clerici, in periculum animarum eorundem. Dicti custos, fratres, pauperes, infirmi, sive clerici, qui pro tempore fuerint, singulis diebus in noctis crepusculo, in capella dicti hospitalis simul conveniant, & facta pulsatione aliquali, ut est moris antiphoniam de gloriosa Virgine Maria, scil' salve regina, vel aliam antiphoniam, de Domina decantent devotius qua poterunt alta voce, & quali sexta feria, vel semel in qualibet hebdomade dicant sive psallent dicti custos & confratres, qui pro tempore fuerint, Placebo & Dirige pro personis & ammabus supradictis, quorum nomina in dicta capella specialiter reci­tantur, ut sic dicti custos & confratres ad sanctam regulam & disciplinam dicti ordinis simul viventes, ac dicti pauperes, infirmi, & clerici ibidem pacificae & modestae conversa­tionis, salubrius orationibus et praecibus vacare, & Domino valeant deservire. Volo insuper & dispono, quod omnes redditus, tenementa, messuagia, celaria, & placeae supradictae ad usum & sustentationem dictorum custodis, fratrum, pauperum, infirmorum, & clericorum & successorum suorum in dicto hospitali commorantium integraliter & inviolabiliter conserventur, & in nullos alios ulus quomodolibet convertantur: ad quorum conserva­tionem et fidelem custodiam quilibet custos ad reg [...]men dicti hospitalis ordinandus in admissione sua vinculo juramenti corporaliter praes [...]ti specialiter oneretur. Ita quod non liceat dictis custodi, confratribus, pauperibus, mirmis, sive clericis, nec eorum suc­cessoribus dictum hospitale, redditus, tenementa, messuagia, c [...]laria, vel placeas supra­dicta, seu aliquam partem eorundem alicui alienare, impignorare, seu dimmuere, & si aliquid factum vel acceptum fuerit in contrarium, de jure non valeat quovismodo. Si vero praedicti redditus, seu aliqua pars eorundem, a retro fuerint ad aliquem terminum, viz. ad festum Pentecost' & S. Marunt in hyeme non soluti, quod tunc bene liceat dicto custodi qui pro tempore fuerit, per se vel per alium, in praedictis tenementis intrare & quo­libet tenemento praedictorum, pro red situ a retro existente, unde praedicta tenementa [Page 646] onerantur intrare, distringere, & districtiones capere, asportare, & retinere, quousque de praedicto annuo redditu a retro existente, cum arreragiis, si quae sint, plenarie eis fuerit satisfactum. Cum autem custos dicti hospitalis qui pro tempore fuerit in fata de­cedat, cesserit, seu renunciaverit regimen dicti hospitalis, sive propter crimen vel de­fectum, seu aliam causam notabilem, amotus fuerit a regimine praedicto, tunc in omni casu praedicto per me quamdiu vixero, & post mortem meam volo, quod tunc bene liceat dictis confratribus, in dicto hospitali qui pro tempore fuerint commorantibus infra quindenam, post mortem alicujus custodis, cessionem, seu renunciationem, ido­neam personam de seipsis, vel de conventu de Knaresburgh ordinis praedicti eligere, & ipsum sic electum ministro de Knaresburgh praesentare, & ipse sic electus & praesentatus per ipsum ministrum praedictum recipiatur, & in custodia dicti hospitalis instituatur se­cundum ordinationes & fundationes meas supradictas: Quod si contingat quod prae­dicti fratres in praedicto hospitali morantes concordare non possunt super electionem praedictam, volo quod minister de Knaresburgh & conventus ejusdem domus, infra tres septimanas tunc proxime sequentes, idoneam personam de ordine praedicto praesentant, & ille sic praesentatus sit custos perpetuus dicti hospitalis secundum ordinationem & fundationem meas supradictas: Et si praedicti minister & conventus dictae domus de Knaresburgh non praesentaverint idoneam personam, ut praefertur, volo quod minister dictus provincialis ordinis praedicti in Anglia idoneam personam ordinis praedicti ad cus­todiam dicti hospitalis infra quindenam extunc proxime sequentem praesentet, & ille sic praesentatus sit custos dicti hospitalis secundum ordinationem & fundationem supra­dictas: Et quod si praedictus minister dictus provincialis non praesentaverit idoneam personam ad custodiam dicti hospitalis, ut praefertur, volo & concedo quod tunc bene liceat majori & ballivis villae Novi Castri super Tynam qui pro tempore fuerint, ido­neam personam de ordine praedicto ad ministrum de Knaresburgh, qui pro tempore fuerit praesentare, & ipse sic praesentatus per praedictum ministrum in custodia dicti hos­pitalis instituatur secundum fundationem & ordinationem supradictas. Item ordino & dispono de voluntate & assensu ministri & conventus domus praedictae S. Roberti de Knaresburgh, quod minister ejusdem domus vel ejus vicarius ejusdem ordinis cum uno suo confratre & aliis duobus per equos ad dictum hospitale singulis annis post mortem Willielmi de Wakefeld custodis hospitalis praedicti, infra quindenam proximam post festum S. Trinitatis personaliter accedat, & sumptus moderatos dicti hospitalis per sex dies veniendo, morando, & redeundo percipiat per manus custodis persolvendos: Idemque minister, quem solum ordinarium & dicti hospitalis praesidentem esse volo, adeo quod nullus alius judex seu ordinarius de statu dicti hospitalis, seu personis & re­bus ejusdem se nullatenus intromittat, inquisitionem diligentem, & visitationem plenam, de personis & rebus dicti hospitalis faciat ac exerceat, ac defectus ibidem compertos corrigat & emendet, prout secundum Deum & equitatem melius videbitur expedire. Et minister dictus & conventus de Knaresburgh, qui pro tempore fuerint, habebunt an­nuatim pro labore suo visitationis dicti hospitalis pondus unius equi piscium per manus custodis dicti hospitalis apud villam Novi Castri super Tynam recipiendum, decenter persolvendum: Et quod dictus custos, nec hospitale praedictum ulterius oneretur pro labore praedicto. Et volo quod quandocunque & quotiescunque aliqui fratres, pauperes sive clerici dicti hospitalis decesserint, recesserint, vel aliis causis rationabilibus, sive ex causa rationabili amoti fuerint ab hospitali praedicto, quod per me, dum vixero, & post mortem meam per praedictos custodem & confratres dicti hospitalis, alii fratres idonei, pauperes, infirmi, & clerici loco decedentium, recedentium, & amotorum, infra tres septimanas, ut praemittitur, assumantur, & in eodem hospitali ponantur: Quod si con­tingat quod praedicti custos & confratres dicti hospitalis infra tres septimanas supradictas, o [...] praemittitur, praedictam assumptionem fratrum pauperum, infirmorum & clericorum non adimpleverint, quod tunc bene liceat majori & ballivis dictae villae Novi Castri, qui [Page 647] pro tempore fuerint, alios fratres idoneos, pauperes, infirmos, & clericos assumere, & in eodem hospitali ponere moraturos, secundum ordinationem meam & fundationem supradictam.

Et in assumptione & praefixione fratrum, pauperum, infirmorum, & clericorum, in dicto hospitali ponendorum, volo quod personae de consanguinitate & affinitate mea, si quae fuerint, alioquin de originariis & oriundis de dicta villa Novi Castri, vel de aliis praeferantur. Caeterum inter dictum ministrum & confratres dictae domus de Knares­burgh & me concorditer est conventum, quod si minister dictae domus, qui erit pro tempore, ad dictum hospitale causa visitationis, inquisitionis, & correctionis facienda­rum, temporibus statutis supradictis, personaliter, vel ejus vicarius accedere, & ea, quae in hac causa requiruntur, non curaverit seu neglexerit, absque impedimento, legitime adimplere singulis annis, quibus adimplere neglexerit, dicti minister & confratres do­mus de Knaresburgh omni commodo & jurisdictione omnino careant & perdent: Et volo quod tunc bene liceat priori Dunelm' qui pro tempore fuerit, post quindenam postquam dictus minister domus de Knaresburgh a visitatione dicti hospitalis defecerit contra formam praenominatam, infra quindenam proxime sequentem faciat, & quae con­cernunt ad visitationem dicti hospitalis adimpleat modo & forma fundationis antedictae. Et quod si dictus prior ea, quae concernunt ad visitationem supradictam, neglexerit, quod tunc bene liceat vicario villae Novi Castri super Tynam, qui pro tempore fuerit, dictam visitationem dicti hospitalis facere, ut praemittitur. Et volo insuper & dispono quod neque minister domus de Knaresburgh, quem presidentem dicti hospitalis ordina­mus, ut est dictum, nec major nec ballivi dictae villae Novi Castri, nullam potestatem habeant aliqua bona dicti hospitalis minuendi, sibi vel domui de Knaresburgh, vel alteri cuicunque applicandi vel transferendi, sed quod ipsa bona omnia et singula in usus dicti custodis, fratrum, pauperum, infirmorum, clericorum & successorum suorum totaliter convertantur, habenda & tenenda dictam terram, hospitale praedictum, messuagia, celaria & placeas supradictas, ac redditus praedictos, percipienda cum omnibus suis pertinentiis praedicto fratri Willielmo de Wackefeld, confratribus, pauperibus, infirmis, & clericis in dicto hospitali morantibus & in futurum moraturis, ibidem Deo servituris, & successoribus suis in perpetuum, in puram & perpetuam elemosinam, ad invenien­dum, sustentandum, & perficiendum omnia antedicta modo et forma praenominatis in eodem hospitali, ita quod quandocunque & quotiescunque praedicti custos, confratres, pauperes, in [...]r [...]i, clerici vel successores sui defecerit vel defecerint in aliquo articulo praemissorum, & debita correctio dicti defectus infra quadraginta dies proxime sequentes post visitationem fa [...]tum, per praedictum ministrum de Knaresburgh vel ejus vicarium per priorem Dunelm' vel per vicarium de Novo Castro super Tynam, qui pro tempore fuerit, non fa [...]t [...] quod tunc bene liceat mihi in tota vita mea, & post decessum meum majori & ballivis, qui pro tempore fuerint, in omnibus meis celar [...]is, placeis, & reddi­tibus supradictis terrare, distringere, & ea in manu mea, dum vixero, & post mortem meam in manibus dicti majoris & ballivorum, qui pro tempore fuerint, retinere, quo­usque debita correctio fiet de defectu invento aliquorum articulorum supradictorum contra ordinationem & fundationem supradictas. Salvo tamen quod omnes redditus & prosicu [...] inde provenientes in usum inhabitantium, viz. custodis, fratrum, pauperum, infirmorum, & clericorum in dicto hospitali, & non in alios usus convertantur quo­modolibet. Et ego vero Willielmus de Acketo [...]burgensis villae Novi Castri super Tynam & haeredes mei praedictam terram, hospitale praedi [...]tum, messuagia, celaria, & placeas supradictas, ac redditus supradictos cum omnibus suis pertinentus praedicto Willielmo de Wackefelde, confratribus, pauperibus, infir [...]s et clericis in dicto hospitali moran­tibus, & in futurum mora [...]s, & successoribus suis, modo & forma praenominatis contra omnes gentes waranti [...]abi [...]us & defendemus in perpetuum. In cujus rei testimonium parti hujus indenturae quadripartitae penes me remanenti sigillum Willielmi de Wacke­feld, [Page 643] & sigillum capituli domus de Knaresburgh sunt apposita: Alteri vero parti penes dictum Willielmum & hospitale praedictum remanenti sigillum meum & sigillum com­mune dictae villae Novi Castri sunt appensa: Tertiae vero parti penes majorem & bal­livos villae Novi Castri super Tynam, & in communi cista ejusdem villae remanenti sigilla dicti Willielmi de Wackefeld & dicti capituli de Knaresburgh & sigillum meum sunt appensa: Quartae vero parti penes magistrum & conventum domus de Knaresburgh remanenti sigillum meum & sigillum Willielmi de Wackefelde custodis dicti hospitalis, una cum sigillo communi Novi Castri sunt apposita. His testibus, Willielmo de la Strother tunc majore villae Novi Castri super Tynam, Johanne de Emeldon, Nicholao Bagot, & Johanne de Camera tunc ballivis, Roberto de Angerton, Thoma de Hett, Ro­berto Qware, Johanne de Bikere, Ada Ord, Johanne Plumber, Nicholao Soco & aliis. Datum apud villam Novi Castri super Tynam die Mercur' proximo ante festum Pen­tecost' anno Domini millesimo, trecentesimo, sexagesimo.

Nos igitur Thomas permissione divina Dunelm' episcopus antedictus attentis, pensatis, & diligenter consideratis praemissis omnibus & singulis & eorum causis, nec non lauda­bili opere hujusmodi & proposito dicti Willielmi de Acketon, quae omnia pia, utilia, & necessaria reputamus, praefatam cartam, ac omnia & singula in eadem contenta, tan­quam rite & legitime facta, quatenus ad nos attinet, pro nobis & successoribus nostris Dunelm' episcopis acceptamus, approbamus, ratificamus, & tenore praesentium con­firmamus, jure, jurisdictione, dignitate, & honore nostris & ecclesiae nostrae Dunelm' in omnibus & per omnia semper salvis. In cujus rei testimonium sigillum nostrum prae­sentibus est appensum. Datum in manerio nostro de Aukland secundo die mensis Octob' anno Domini milles' trecent' sexag' primo, & consecrationis nostrae decimo septimo.

Et nos prior et capitulum ecclesiae Dunelm' praemissa omnia et singula per dictum ve­nerabilem patrem facta rata habentes, & quatenus in nobis est, & ad nos pertinet, ap­probantes, sigillum nostrum commune ad majorem securitatem & evidentiam praesen­tium duximus apponendum. Datum ergo, quod ad nos in capitulari domo nostra Dunelm' vicesimo die mensis Aprilis anno Domini milles' trecentes' sexages' tertio.

(BOURNE.)

APPENDIX, P. 430. 28o die Martii anno R. Regis Jacobi nunc Angliae Franc' et Hiberniae &c. nono et Scotiae 43o annoque Domini 1611.

WHEREAS divers and sundry buissinesses of importance concerninge the general state of this corporation especially the establishinge and setlinge of the founda­cions of the several hospitalls of the blessed Virgin Mary called the West Spittle in West­gate, Sainct Mary Magdalene at the Barras, the hospitall or chappall at the Tyne-bridge end, and the hospitall of Saincte Edmonds in Gateshead in the county of Durham belonginge this said towne, ar to be performed and effected at London with all convenient speed of which and of the manner and orderly proceedinges wherof consideration haith benne in some measure had and taken by us, yett not so fully concluded as is requisitt, and therfor thought fitt and so ordered by us, the maior aldermen and sheriffe and rest of the comon [Page 649] councill of the town of Newcastle upon Tyne for and in the name stead and place of the maior and burgesses of the same towne, that the further handlinge and proceedinge in the same shall be in the consideration and poore of the present maior and aldermen or the most parte of them as in there discretions shalbe thought fytt, whose acte and doeings therin we doe and will by this our present order approve and ratyfie to be as effectual as yf the same were donne by us all.

  • Willm Jenison
  • Lionel Maddison
  • Rob' Dudley
  • Franc' Anderson
  • Willm Warmouth
  • Thom' Riddell
  • James Claveringe
  • Robt Anderson
  • Franc' Burrell
  • John Selby
  • Christopher Ile
  • Willm Sherwoode
  • James Rochester
  • James Bilton
  • Alexander Davison
  • Thom' Swann
  • Anthon' Rowmaine
  • Willm Pacocke
  • Stephen Bowdon
  • Thom' Duglas.
Concordat' cum original' examinat' per me Willmu' Jackson Comm' cler' ibidem.

Dorso—"Order of counsell for the maior and six aldermen to dispose of the hospitals."

APPENDIX, P. 437. Anno decimo quarto Georgii Tertii Regis.
An Act for confirming to the resident Freemen or Burgesses and resident Widows of deceased Freemen or Burgesses of the Town of Newcastle upon Tyne their full Right and B [...]nefit to the Herbage of the Town Moor, Castle Leazes, and Nun's Moor, within the Liberties of the said Town, for two M [...]ch Cows each, in such Manner as has been used; and for im­proving the Herbage of the said Town Moor, Castle Leazes, and Nun's Moor respec­tively.

WHEREAS 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, situate within the liberties of the said town and county of the town of Newcastle upon Tyne:

And whereas at the last assizes held in and for the town of Newcastle upon Tyne, in the county of the town of Newcastle upon Tyne, an action of trespass 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 [Page 650] common seal of the corporation of Newcastle upon Tyne 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 assembled, plaintiff, and Nathaniel Bayles and Henry Gibson, two of the freemen and burgesses 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 same 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 seventh day of August in the thirteenth year of the reign of our Sovereign Lord George the Third by the grace of God now King of Great Britain, &c. before the Honourable Sir Henry Gould, Knight, one of the justices of his Majesty's Court of Common Pleas, and Sir William Blackstone, Knight, 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 Bayles and another, it is ordered by the consent of the said parties, their counsel and attornies, that the last juror of the jury impanelled and sworn in this cause shall be withdrawn from the panel, and by the consent o [...] William Gibson, Esquire, town-clerk of Newcastle upon Tyne aforesaid, on be­half of the common 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 for an act 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 benefit to the herbage of the Town Moor for two milch cows in the manner which has been used, subject to such restrictions and regulations as shall be adjudged necessary for the culture and improvement of the common, and shall be prescribed in the act, 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 persons to be named before the first day of November next; and in case they cannot agree, they two are to choose a third person for the purpose aforesaid, by agreement or ballot: And it is further ordered, that the rents to arise from the 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 act: And it is also ordered, that the quantity to be inclosed for improvement at any one period shall not exceed one hundred acres; and that such rights shall be reserved to the corporation of Newcastle, as owners of the soil, as they are intitled unto: And it is also ordered, that the expences of the said act, and also the costs in this action of the plaintiff, and the costs (not exceeding three hundred pounds) of the defendants, shall be paid out of the public revenues of the said corporation: And lastly it is ordered, that all parties perform 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 first day of November now last past, the mayor, aldermen, sheriff, and the rest of the common council in common council assembled, named Henry Atkinson, hoastman, and the stewards of the companies of the said town, or the major part of them, named John Coulter of Newcastle upon Tyne, merchant, to settle and agree upon proper restrictions and regula­tions necessary for the culture and improvement of the said Town Moor; and al­though the said Henry Atkinson and John Coulter have not settled and agreed upon any restrictions and regulations necessary for the culture and improvement of the said Town Moor, nor chose a third person for the purpose aforesaid by agreement or ballot, as di­rected by the said order of assize; yet the said agreement and order of assize, and the [Page 651] culture and improvement of the said Town Moor, and also certain other tracts or parcels of ground called the Castle Leazes and Nun's Moor adjoining to the said Town Moor, under proper regulations would be 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:

But the same cannot be effectually carried into execution without the aid of par­liament;

Wherefore may it please your Majesty, That it may be enacted, and be it enacted, 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 same, That the full right and benefit to the herbage of the said parcels of ground called the Town Moor, Castle Leazes, and Nun's 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 bur­gesses of the said town of Newcastle upon Tyne and resident widows of deceased free­men or burgesses of the same town for ever; but that such right and bene it shall be subject to such demises, restrictions, and regulations for the culture and improvement of the said Town Moor, Castle Leazes, and Nun's Moor as herein after mentioned.

And for preventing fraud and imposition in the grazing of cows on the said Town Moor, Castle Leazes, and Nun's Moor, and to such savings and reservations as are hereafter contained, be it further enacted, by the authority aforesaid, that no resident freeman or burgess or resident widow of any deceased freeman or burgess of the said town shall be permitted to put any cow on the said Town Moor, Castle Leazes, or Nun's Moor, without first making oath, or being one of the people called Quakers affirma­tion, before some justice of the peace for the said town of Newcastle upon Tyne, in the county of the town of Newcastle upon Tyne (which oath or affirmation such justice is hereby impowered to administer) that such cow is his or her own property really and [...]ona fide, and is actually 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 fattened 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 or 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 transcript of which book or books shall be given to and kept by the respective herds of the said Town Moor, Castle Leazes, and Nun's Moor, for the inspection of the freemen or burgesses of the said town.

And be it also enacted, by the authority aforesaid, that for the purpose of improving the said Town Moor, Castle Leazes, and Nun's 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, so as the quantity to be inclosed for such improvement do not at any one time exceed one hundred acres.

And be it further enacted, by the authority aforesaid, that the stewards 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 Nun's Moor inclosed for improvement, shall signify 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 one hun­dred acres, proposed to be inclosed for such improvement, and thereupon the part or parcel of ground so proposed to be inclosed for improvement, together with the terms, conditions, regulations, and restrictions in every leas [...] thereof, to be made as herein after mentioned, shall be thrice advertised by the town clerk, and at the expence of the [Page 652] said corporation, in all the public newspapers published at Newcastle upon Tyne afore­said, and in such advertisements a day in the first week of the month of September pre­ceding 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 highest bidder or bidders; and in case no bidder or bidders 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 manner as aforesaid, on some day in the third week of the same month of September in the Guildhall aforesaid, to the highest bidder or bidders, and the highest bidder or bidders shall give security to be approved of by the stewards and wardens of the companies of the said town who shall be present at the time of such letting, or the major part of them, for payment of the rent to be reserved by, and performance 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 eleventh day of November 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 premises in the third year and sixth year of the said term, to lay four fothers of clod lime upon each acre thereof the third year, and four fothers of clod lime and fifteen fothers of good manure on each acre thereof the sixth year, and in each of the said third and sixth year 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 improved course of husbandry in that neighbourhood; also to make cuts and trenches in such parts of the demised premises where the same shall be necessary for draining and carrying off the standing water; also to sow the premises 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 seeds 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 premises with sufficient fences, and to keep the same in repair until the thirtieth day of July next after the expiration of the said term; also to enter into all such other covenants, proviso [...]s, and agreements as are usual on the lessees part, and in case any such lease shall be made and executed before the feast day of Saint 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 premises upon the said feast day of Saint Mi­chael the Archangel preceding the commencement of every such lease, in order to make [...]nces 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 o [...] such rights.

Provided 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 aforesaid within the time afore­said, it shall and may be lawful to and for the person or persons who shall be the highest bidder as aforesaid, and shall have given security as aforesaid, his, her, or their assignee or assigns, to enter into and upon the said part or parcel of ground upon the said leas [...] day of Saint Michael the Archangel then next and before the commencement of the term for which any such part or parcel of ground shall be put up to be let in manner and for the purposes aforesaid; and that after such lease or leases shall be prepared [Page 653] (which the town clerk for the time being of the said corporation is hereby required to do within the space of three months from the time of every such letting) the said town clerk 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 thereupon assemble and affix the com­mon seal of the said corporation to such lease or leases, the lessee or lessees at the same time executing a counterpart or counterparts thereof.

And be it further enacted, that at the end of the seventh year next after the com­mencement of the first of the said leases, and at the end of every successive seventh year afterwards, another lot or parcel of the said Town Moor, Castle Leazes, or Nun's 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 successively for ever: Provided that no part of the Castle Leazes shall be let or broke up, or any part of the said Town Moor, Castle Leazes, or Nun's Moor, let or demised a second time until the whole of the said Town Moor, Castle Leazes, and Nun's Moor capable of being cultivated, and intended to be demised by this act, shall have been let and put into a state of improvement or cultiva­tion as aforesaid.

Provided also, and be it enacted, that no demise shall be made by virtue of this act of certain parcel of the said Town Moor called the Cowhill, and such part of the Town Moor adjoining the same as shall be necessary for holding the fairs commonly called the Cowhill Fairs, nor of another 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 forty yards of the outer ditches of the Race Ground, nor on any part of the said Town Moor where a [...] booth or booths, stall or stalls, stand or stands, hut or huts, or other temporary e [...]ections 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 fairs and horse-races as heretofore; any thing herein contained to the contrary thereof in any wise notwithstand [...]ng.

And be it further enacted, by the authority aforesaid, tha [...] the rents to b [...] 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 one hundred pounds or upwards, the said chamber clerk shall signify the same in writing to the tow [...] [...] 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 calendar 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 [...] ▪ fix upon an apportionment and distribution of such sum of money in the [...]ls 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 Nun's Moor, or any of them, [...] rates or proportions as to the said stewards and wardens, of 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 bur [...]esses, a [...] poor resident widows of deceased freemen or burgesses to whom such d [...]t [...]on shall be made, together with the names of the streets or places in wh [...] they respectively reside, and the sums to be paid to each of them respectively, and also [...] the companies (if any) to which such poor freemen or burgesses belong, and also the com­panies [Page 654] (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 writing 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 apportionment or distribution; a duplicate of which said list or schedule, signed 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 calendar month after he shall receive the same; and the said chamber clerk shall and is hereby required, upon such list or schedule and such apportionment being delivered to him, to pay such money to the person or per­sons authorized 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 enacted, 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 comprised in every such lease shall be laid open again to the Town Moor, Castle Leazes, and Nun's Moor respectively, as the case shall happen; but nevertheless subject to such regulations and restrictions for the culture and improvement of the said Town Moor, Castle Leazes, and Nun's Moor as are herein before mentioned.

And be it further enacted, that nothing in this act contained shall extend or be con­strued to extend 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 Nun's Moor, are entitled unto, or to give to them any new or other rights than they are now intitled to.

Saving always to the King's most excellent Majesty, his heirs and successors, and to all and every other person or persons, bodies politic and corporate, his, her, and their heirs, successors, executors, and administrators, all such estate, right, title, and interest, use, trust, liberty, power, authority, privilege, and benefit of, in, to, upon, or out of the said pieces or parcels of ground called the Town Moor, Castle Leazes, and Nun's Moor, and every of them, and every part and parcel thereof respectively, as they or any of them had before the passing of this act, or could or might have had, held, or en­joyed, or been intitled to if this act had not been made.

And be it further enacted, by the authority aforesaid, that this act shall be adjudged, deemed, and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same.

APPENDIX, P. 454. An Act for establishing a permanent Fund for the Relief and Support of Skippers and Keelmen employed on the River Tyne, who by Sickness, or other accidental Misfortunes, or by Old Age, shall not be able to maintain themselves and their Families; and also for the Relief of the Widows and Children of such Skippers and Keelmen.

WHEREAS the skippers and keelmen employed in navigating keels upon the river Tyne are very numerous, and from the nature of their employment are obliged to reside in two or three parishes or townships near the said river; so that when they or their families become objects of parochial relief, either the parishes or townships in which they are settled are grievously burthened, or sufficient provision is not made for their support:

And whereas great benefit will result to the said skippers and keelmen, and their fa­milies, and a reduction of the poor rates in the parishes or townships where they are settled will be effected, by forming such skippers and keelmen into a society, and establishing a permanent and, by the allowance of a small sum out of their respective wages, which they are willing to make, to be applied for the relief and support of themselves and their families, in case of sickness, old age, or infirmity, and of their widows and children.

May it therefore please your Majesty, That it may be enacted, and [...] it enacted 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 same, that from and after the first day of July next after the passing of this act, all and every the skippers and keel­men navigating keels upon the said river Tyne shall be and are hereby formed into a society for the purpose of raising and establishing a permanent fund in manner herein­after mentioned, to be applied in maintaining and supporting themselves and their fa­milies in cases of sickness, old age, or infirmity, and their widows and children, which shall be called and denominated "The society of keelmen on the river Tyne."

And, to the end that the affairs of the said society may be orderly managed and con­ducted, and the funds thereof faithfully administered and applied, be it enacted by the authority aforesaid, that Sir Matthew White Ridley, Baronet, and Charles Brandling, Esquire, members now serving in parliament for the town and county of Newcastle upon Tyne, William Cra [...]lington, Esquire, now mayor of the said town and county, Christopher Fawcett, Esquire, now recorder of the said town and county, Aubon [...] Sur­tees, Esquire, Edward Mos [...]ey, Esquire, John Hedley, Esquire, and Hugh Hornby, Esquire, now aldermen of the said town and county, Joseph Forster, Esquire, now sheriff of the said town and county, John Fra [...]s Blackett, Esquire, now governor of the company of hoastmen within the said town and county, Jonathan A [...]ey, and John Widd [...]ington, Esquires, now stewards of the said company of hoastmen, and George Colpitts, Robert Rayne, Anthony Hood, Richard B [...]ll, Thomas [...]may, Henry Scott, Ralph Atkinson, Henry A [...]ey, and Robert L [...]e, now members and trading brethren of the said company of hoastmen, being in number twenty-one, shall be and they are hereby constituted and appointed guardians of the said society, called "The society of keelmen on the river Tyne, "from and after the said first day of July next ensuing, for one whole year, and until a new election of guardians shall take place, as hereinafter [Page 656] is directed, and shall have the order, disposition, and management of the affairs and funds thereof.

And be it further enacted by the authority aforesaid, that the said guardians, so hereby constructed and appointed, and their successors, to be elected and appointed in manner hereinafter mentioned, shall be, and they are hereby declared to be a body politic and corporate under the name and description of "The guardians of the society of keelmen on the river Tyne," and shall have perpetual succession, and shall have, enjoy, and pos­sess all the powers, privileges, and capacities to take and transmit property, to sue and be sued, and to do other acts competent to bodies politic and corporate to do and per­form, and they shall have, and from time to time use a corporate seal; and that they and their successors, by the name aforesaid, shall and may, at any time hereafter, without licence in mortmain, purchase, take, or receive any lands, tenements, or he­reditaments, or any estate or interest derived out of the same, so as such lands, tenements, or hereditaments be only for the scite of, or be to be converted into an hospital, with of­fices and appurtenances necessary thereunto.

And be it further enacted by the authority aforesaid, that the said guardians and their successors, to be elected as hereinafter directed, shall and may and they are hereby au­thorized and impowered to provide an hospital for the reception and maintenance of such skippers and keelmen, employed or to be employed on the river Tyne, as shall by sickness or other accidental misfortunes, or by becoming decrepit or worn out with age, be rendered incapable of maintaining themselves or their families, or shall provide for such skippers and keelmen by allowing them certain pensions, or otherwise, as to the said guardians and their successors shall seem meet, and most for the advantage of the intended charity; and also to relieve the widows and children of such skippers and keelmen, provided such children are not of the age of fourteen years, or if of that age or upwards, not capable of getting a livelihood by reason of lameness, blindness, or other infirmities, so far forth as the income and revenues which are, shall, or may be vested in the said guardians and their successors, will extend for the purposes afore­said: Provided always, that no skipper or keelman shall be entitled to any of the be­nefits of this act, unless he shall produce, or cause to be produced, to the said guardians or their successors, a certificate from the stewards of the said society of keelmen here­inafter named, and their successors, to be elected as hereinafter is directed, or any five of them, in writing under their hands or marks, declaring such skipper or keelman to be a fit object of the charity, and entitled to the benefit thereof; and that no widow, child, or children of any skipper or keelman shall be relieved, or entitled to any allow­ance under this act, unless she or they, or some person on her or their behalf, shall pro­duce a certificate to the said guardians or their successors, from the said stewards or their successors, or any five of them, in writing under their hands or marks, sig­nifying that such widow was the lawful wife and real widow, and that such child or children was or were the lawful child or children of such skippers or keelmen, and is or are under the age of fourteen years, or if of that age or upwards, in­ [...]apable of getting a l [...]velihood, by reason of lameness, blindness, or other infirmity, and that such widow, or child or children respectively, is or are proper objects of the charity: And provided also, that no skipper or keelman, nor widow or children of any skipper or keelman, shall have, receive, or enjoy any benefit or pro­vision under this act, unless such skipper or keelman shall have contributed his quota towards the fund hereby directed to be raised for the space of one entire year without wilful or intentional interruption: And provided also, that no skipper or keelman, nor the widow or children of any skipper or keelman, who shall have contributed his quota towards the fund aforesaid for the space of one entire year, but shall afterwards cease to be employed as a skipper or keelman on the said river Tyne, shall be entitled to any [Page 657] relief whatsoever from the said fund, unless such skipper or keelman respectively shall, from the time of his ceasing to be so employed, pay or contribute towards the said fund such sum or sums of money as the said guardians or their successors, or the major part of them, shall direct or appoint, not exceeding in the whole sixpence per week, weekly, and every week during the time he shall continue unemployed, except where the cessation of employment shall be occasioned by his being impressed into his Ma­jesty's service, or by old age, sickness, or other infirmity.

And be it further enacted by the authority aforesaid, that any three or more of the said guardians for the time being shall be a committee, and shall meet from time to time, upon the first Thursday in every month, in the Guildhall of the said town and county, and at such other time or times as they shall think fit to appoint, and such committee shall have power, when assembled as aforesaid, in the name of the said cor­poration, and on their account, to apply the monies arising and to be received by vir­tue of this act, and vested in the said corporation, for the relief and support of such skip­pers and keelmen, and their widows and children, as are before described, and to ap­point and chuse, and at their pleasure to remove, displace, and supply any officers, ser­vants, and other person or persons to be employed in the business of the said corpora­tion, other than and except the stewards of the said society hereinafter appointed, and such officers and persons as shall be appointed by the guardians of the said society, and to direct and appoint such salaries, perquisites, or other rewards, for their labour or service therein, as the said committee shall approve or think proper, and to do, manage, transact, and determine all such other matters and things, as to them shall appear ne­cessary and convenient for effecting the purposes of this act.

Provided always, that the management, transactions, and accounts of such committee shall be from time to time, and at all times hereafter, subject and liable to such audit and inspection, allowance, disallowance, and control of all or such of the guardians of the said hereby erected corporation, as by any bye laws or ordinances of the same cor­poration shall be for that purpose directed and appointed.

And be it further enacted by the authority aforesaid, that each respective hoastman or fitter, or copartnership of hoastmen or fitters upon the river Tyne, shall on the first day of July next after the passing of this act, or within five days before the said first day of July, appoint a place and time, and duly give notice thereof to the several skippers and keelmen then bound or belonging to him or them, or employed in his or their work, for a general meeting of all his or their skippers and keelmen, who shall, at the time and place so to be appointed, meet and assemble together, and after having chosen a chairman of such meeting, they, or the greater number of them so assembled, shall proceed to name or elect one skipper or keelman belonging to such work, who shall be and become a steward of the said society of keelmen until the first day of July then next following, and on the first day of July in every year, yearly for ever thereafter, o [...] within five days before such first day of July, a new choice or election of a steward for each work shall in like manner be had and taken by the said skippers and keelmen of each respective work, or the greater part of them present at such meeting to be ap­pointed as aforesaid, for the year then next following, each which steward shall continue and remain a steward for the work for which he shall be so elected until the next annual election of stewards shall take place in manner aforesaid; and in case of an equality of votes, such chairman shall have and exercise a double or casting vote.

And be it further enacted by the authority aforesaid, that the said stewards, so to be elected and appointed as last mentioned, shall on the second day of July, in the year of our Lord one thousand seven hundred and eighty-nine, and on the second day of July in every year for ever thereafter, except in any year when the second day of July shall fall on a Sunday, and then on the day next following, meet and assemble together in the [Page 658] Guildhall of the said town of Newcastle upon Tyne, at ten of the clock in the forenoon, and after having appointed a chairman of such meeting, they, or the greater number of them then assembled, shall proceed to name and elect twenty-one persons to be the guardians of the said society for the year ensuing, of which number the members serving in parliament for Newcastle aforesaid for the time being, the mayor, the re­corder, the four senior aldermen, and the sheriff of Newcastle aforesaid for the time being, and the governor and stewards of the company or fraternity of hoastmen within the said town, shall be twelve, and the remaining nine of which number shall be trading or meeting brethren of the said company of hoastmen, which said twenty-one persons so to be elected shall be and continue guardians of the said society until the next annual election shall take place in manner aforesaid; and in case of an equality of votes, such chairman shall have and exercise a double or casting vote.

Provided always, and it is hereby enacted, that in case of the death of the members serving in parliament for the said town, the mayor, recorder, four senior aldermen, and sheriff of the said town, and of the governors and stewards of the said company or fra­ternity of hoastmen, or any of them, or in case they or any of them shall quit or depart from their respective offices, the successors or successor of them, or any of them, so dying, or quitting or departing from their offices as aforesaid, shall be and become guardians or guardian of the said society of keelmen immediately upon his or their being elected to parliament, or to any of the said offices in the room of the person or persons so dying, or quitting or departing from his or their offices as aforesaid, and shall be and continue guardians or guardian until a new election of guardians shall be made in manner afore­said; and in case of the death of any other or others of the said guardians so to be elected as aforesaid, the vacancy or vacancies thereby occasioned shall not be supplied until the next annual day of election, and the corporation hereby established shall be and be deemed full and complete, notwithstanding such vacancy or vacancies: Provided also, that if it shall happen at the time of any such election of guardians as aforesaid that there shall not be a sufficient number of meeting or trading brethren of the company or fraternity of hoastmen to supply the number herein before directed to be elected from that body, it shall and may be lawful for the stewards for the time being to name and elect in manner aforesaid a sufficient number of guardians from the common coun­cil of the said town of Newcastle for the time being to supply such deficiency.

And be it further enacted by the authority aforesaid, that it shall and may be lawful for the said guardians for the time being, or any eleven of them, to make, ordain, and constitute such and so many bye laws, orders, ordinances, and constitutions as to them, or any eleven of them, shall seem necessary and convenient for the establishing the said hereby-erected corporation, and carrying on the affairs thereof, and for appointing the officers, servants, and others to be employed therein, and for the better applying the money hereby directed to be raised and received, and providing for the persons en­titled to the benefits of this act, and for auditing the accounts, and controlling, allow­ing, or disallowing the transactions of the said committee; and the same bye laws, orders, ordinances, and constitutions so made to put in use accordingly, and at their will and pleasure to revoke, change, and alter the same, so always as such bye laws, orders, ordinances, and constitutions be reasonable, and not repugnant to the laws, customs, and statutes of this realm, or any of the express provisions or regulations of this act.

And, for raising a fund for effecting the good ends and purposes aforesaid, be it en­acted by the authority aforesaid, that the crew of every keel which shall be employed by any hoastman or fitter, or any copartnership of hoastmen or fitters, or other person or persons upon the said river Tyne, shall, during such their employment, pay, contribute, or allow weekly such sum or sums of money as the said guardians or their successors, [Page 659] or the major part of them, shall from time to time direct or appoint, not exceeding in the whole the sum of one penny, for each and every chaldron of coals, lead, stones, ballast, chalk, ashes, manure, and rubbish (reckoning fifty-three hundred weight to a chaldron) which shall be respectively carried in each such keel; which said weekly sum or sums of money such hoastman or fitter, or copartnership of hoastmen or fitters, or other person employing each such keel crew, shall be at liberty and is hereby authorised and required to deduct and retain out of the wages due to such keel crew respectively, and to pay over the same to such officer or officers as shall be appointed under this act for the collecting and receiving the same.

And it is hereby further enacted by the authority aforesaid, that the said weekly stop­pages or allowances shall be paid to and collected by the person or persons to be ap­pointed to receive the same as aforesaid, on Monday in every week, the first payment thereof to be made on Monday the seventh day of July next after the passing of this act, for the week then immediately preceding, according to a written muster roll or particular to be kept by each hoastman or fitter, or copartnership of hoastmen or fitters, or other person, by whom such skippers and keelmen are respectively employed, con­taining the number of keels employed by each respectively, and also the number of skippers and keelmen belonging thereto, and what number of tides have been gone or performed by such keels respectively, and such other particulars as shall be sufficient to ascertain with accuracy what stoppages or allowances ought to be kept or retained by such hoastman or fitter, or copartnership of hoastmen or fitters, or other person respec­tively, and paid over, according to the directions of this act; and that the person or per­sons so employed to collect such stoppages or allowances as aforesaid shall be furnished or supplied with a duplicate of such muster roll or particular, properly authenticated under their hands, by such hoastmen or fitters, or other persons respectively, or their re­spective clerks or agents.

And be it further enacted by the authority aforesaid, that for the better ascertaining what shall from time to time be due from the said skippers and keelmen respectively, and what shall come to the hands of the person or persons so to be employed to collect the same, it shall and may be lawful to and for the mayor, or any two of the aldermen of Newcastle aforesaid for the time being, and he and they is and are hereby required, by warrant under his or their hand or hands, at the request of the guardians of the said society for the time being, or any three or more of them, to summon such hoastmen or fitters and collectors respectively before him or them, and to examine them upon oath respectively as to the truth of the copy or duplicate of the said [...]ster roll or particular, and as to the sums of money paid and received for or on account of the stoppages or al­lowances so to be made as aforesaid; and in case of any embezzlement or misapplication of the money so received, then by warrant under his or their hand or hands to levy such sum or sums of money, as shall appear to have been so embezzled or misapplied by distress and sale of the goods or chattels of the person or persons offending, together with the charges or expences necessarily incident thereto, and to pay the money so to be levied, after ded [...]ting thereout such necessary charges and expences as aforesaid, to the guardians of the said so­ciety for the time being, or any three of them, to be by them applied to the purposes of this act; and if such hoastmen or fitters, or collectors, or any of them, shall refuse or neglect, when so summoned, to appear before the person or persons hereby impowered to examine them as aforesaid, or if they shall appear, and refuse to make a full and true discovery of the matters aforesaid upon their several oath [...], then and in every such case all and every such offender or offenders, for every such refusal, shall forfeit and p [...] the sum of ten pounds.

And it is hereby further enacted by the authority aforesaid, that the charges in and about procuring and obtaining this act shall be paid out of the first monies to be raised by virtue of this act, and all such monies as shall be there [Page 660] after raised (after paying the salaries of officers) until the first day of July, which will be in the year of our Lord one thousand seven hundred and ninety, shall accumu­late and be a fund for purchasing or building an hospital, and for other the purposes of this act, it being the true intent and meaning of this act that no allowance or provision shall be made to any skippers or keelmen, or the widows or children of any skippers or keelmen, out of the funds to be raised by this act, until after the said first day of July one thousand seven hundred and ninety.

And be it further enacted by the authority aforesaid, that whenever the money re­maining in the hands of the said guardians, or their proper officer or officers, and not immediately required to be applied to the purposes of this act, shall amount to one hundred pounds, then and in every such case such guardians, or any three of them, shall forthwith direct such money to be invested in some of the public funds, in the name of the corporation hereby established, which shall be forthwith invested, and, together with the interest accruing thereon, shall be and become part of the funds of the said so­ciety, and shall be applied by such guardians, or any three or more of them, when occa­sion shall require, to the purposes of this act, and to no other use or purpose what­soever.

And be it further enacted, that it shall and may be lawful for the said guardians, or any three of them, and they are hereby required to lay out and expend, from the fund hereby established, such reasonable sum or sums as they shall think proper for and to­wards the expence of the funerals of such of the said skippers or keelmen, or of their widows or children, as shall die after the said first day of July which will be in the year of our Lord one thousand seven hundred and ninety, and as shall at the time of his, her, or their death or deaths be entitled to any provision or allowance out of the said fund hereby established.

Provided always, and be it further enacted by the authority aforesaid, that all such person or persons as shall apply for relief out of the fund hereby established, shall, if re­quired by the said guardians, or any three of them, besides the certificate herein before directed to be given, produce, or cause to be produced, before such guardians, one or more affidavit or affidavits, to be duly sworn before one of his Majesty's justices of the peace, in support of his, her, or their claim or claims to relief, or such other proof as to the said guardians, or any three of them, shall seem reasonable or necessary in that behalf.

And provided also, and be it further enacted, that if any of the said skippers or keelmen, their widows or children, shall by deceit, covin, misrepresentation, or other fraudulent means, procure any provision or relief from the fund established by this act, he, she, or they, so offending, shall be for ever thereafter incapable of receiving any of the benefits of this act.

And, in order that the keels used on the river Tyne may be fairly and justly loaded, after the due and accustomed rate of eight chaldrons to each keel, be it enacted by the authority aforesaid, that no person or persons shall, from and after the first day of July next after the passing of this act, be capable of acting as an off-putter or off-putters at any coal staith upon the said river, until he or they respectively shall have taken and subscribed an oath to the effect following; that is to say:

I A. B. do swear, that I will faithfully and according to the best of my skill, know­ledge, and judgment, execute and perform the duty of off-putter at the staith at [...] where I am now employed [or, to which I have been appointed, as the case may be] and that I will to the utmost of my power cause the keels using the said staith to be fairly and justly loaded, after the due and accustomed rate of eight chaldrons to each keel, without favour, partiality, malice, or prejudice to any person or persons whomsoever.

So help me GOD.

[Page 661] Which oath the mayor, or any of the aldermen of the said town of Newcastle, is hereby authorized and required to administer when thereunto requested; and the same oath, so taken and subscribed, shall be filed in the office of the town clerk of the said town for the time being, and shall remain open to the inspection of any skipper or keelman em­ployed on the said river at all seasonable times.

And be it further enacted by the authority aforesaid, that this act shall be deemed and taken to be a public act, and shall be judicially taken notice of as such by all judges, justices, and other persons whomsoever, without specially pleading the same.

APPENDIX, P. 475. The refoundation Charter of the Hospital at Gateside in the County of Durham, formerly called St. Edmund's, now King James's Hospital. 4th January, 1610.

JACOBUS Dei gratia Anglie Scotie Francie et Hibernie Rex Fidei Defensor &c. omnibus ad quos presentes litere pervenerint salutem. Cum in villa de Gateside infra episcopatum Dunelm' quoddam hospitale a diu extitit vulgariter nuncupat' Hospi­tal' sive liber' Capell' Sancti Edmundi Regis et Martyris de cujus fundatore certo non constat. Quod quidem hospital' per idem tempus constitit de uno magistro et tribus fra­tribus. Qui quidem magister et fratres hospital' predict' et successores sui divers' terr' tenement' prat' pastur' libertat' et privileg' ad sustentacionem pauperum ibidem in pur' et perpet' eleemosin' habuere et tenuere.

Cumque charte concession' et litere paten' concernen' fundacion' et dotation' ho­spital' predict' casu vel negligenc' aliquorum magistrorum ejusdem hospital' amiss' sunt aut senio et etate corrupt' consumpt' et putrefact' sunt et existunt. Cum­que quedam person' nuper conat' sunt statum dict' hospital' prorsus evertere aut saltem labefactare ac terr' tenement' et possession' ejusdem vel eorum aliqua ad relevamen pau­perum in eodem hospital' pro tempore existen' religiose et pie dat' et concess' ad priva­tum suum commodum transferre. Ac quo magis predict' conat' et intentiones suas ad effectum perducere possent dict' hospital' terr' tenement' et hereditament' predict' sub jure et titul' nostr' sibi ipsis acquirere laboravere.

Nos pia et charitativa opera bonorum et piorum hominum savere et manutenere cu­pientes et volentes, quod per nos et in nostro jure vel sub obtentu nominum nostror' aliquod dampnum vel detrimen' pauper' et egenis inferetur ac penitus detestantes ex [...]eddit' aut al' quibuscunque ad hujusmodi usus destinat' ditari. Volentes insuper ex abundantiori gratia nostra jus titul' et demand' nostr' quecunque que habemus aut ha­bere potuimus in premiss' libere et gratiose conferre et extendere ad fortificationem muniment' et stabiliment' hospital' predict' ac revencion' ejusdem de gratia nostra spe­ciali ac ex certa scientia et mero motu nostris volumus ac per presentes pro nobis heredibus et successoribus nostris concedimus quod predict' hospital' sive dom' situat' et existen' in Gateside in com' sive episcopat' Dunelm' predict' modo vulgariter nuncupat' The Hospi­tal or free Chappel of St. Edmund King and Martyr within the town of Gateside de ceter' imperpetuum sit [...] et permaneat hospital' pauperum in Gateside predict' in com' palatin' Dunelm' pro sustentatione relevamine et manutentione pauperum.

[Page 662]Et quod dict' hospital' de cetero imperpetuum erit aut esse possit et consistit de uno magistro et tribus viris pauper' in eodem hospital' imperpetuum inveniend' et sustentand' Et quod dict' hospital' deinceps imperpetuum vocabitur Hospital' Regis Jacobi in Gateside in com' palatin' Dunelm'.

Et quod de ceter' imperpetuum rector ecclesie parochial' de Gateside predict' pro tem­pore existen' erit et vocabitur Magister Hospital' Regis Jacobi in Gateside predict' ac omn' terr' tenement' reddit' hereditament' bon' et catall' ejusdem hospital'.

Quodque de cetero perpet' futur' tempor' sint et erunt in eodem hospital' tres pau­peres et egeni viri celibes aut innupti provecte etatis ibidem sustentand' manutenend' et rele­vand' qui similiter vocabuntur Fratres Hospital' Regis Jacobi in Gateside predict'.

Ac pro meliore performacion' concession' nostr' in hac parte elegimus nominavimus assignavimus et constituimus ac per presentes pro nobis heredibus et successoribus nostris elegimus nominamus assignamus et constituimus dilect' nobis Johannem Sutton modo rector' ecclesie paroch' de Gateside predict' fore primum & modernum magistrum dict' hospital' ac terr' tenement' reddit' possession' revencion' bon' et catali' ejusdem hos­pital' ibidem remansur' duran' vita sua natural'.

Et ulterius de uberiore gratia nostra speciali ac ex certa scientia et mero motu nostris eligimus nominavimus assignavimus et constituimus ac per presentes pro nobis heredibus et successoribus nostris eligimus nominamus assignamus et constituimus dilect' nobis Cuthbertum Younge Thomam Pereson et Willielmum Gowland fore et esse primos et modernos fratres ejusdem hospital' ibidem reman [...]ur' sustinend' & relevand' duran' vita sua natural'.

Et ut hec pia et charitativa intentio nostra melior' capiat effect' ac ut terr' tenement' bon' catall' et hereditament' ad manutention' hospital' predict' ac magistr' et fratres in eodem hospital' de tempore in tempus relevand' et sustentand' melius dari concedi per­quiri et possideri possint, volumus ac pro nobis heredibus & successoribus nostris de con­simil' gratia nostra speciali certa scientia et mero motu nostris concedimus ordinamus et con­stituimus quod iidem magister et fratres hospital' predict' et successores sui sint et erunt de ceter' imperpetuum unum corpus corporat' et politicum de se in re facto et nomine per nomen Magistri et Fratrum Hospital' Regis Jacobi in Gateside in com' palatin' Dunelm' et ipsos ma­gistrum et fratres et successores suos per nomen Magistri et Fratrum Hospital' Regis Ja­cobi in Gateside in com' palatin' Dunelm' incorporamus et unum corpus corporat' & poli­ticum per idem nomen imperpetuum duratur' realiter et ad plenum pro nobis heredi­bus et successoribus nostris erigimus facimus ordinamus constituimus & stabilimus fir­miter per presentes. Quodque per idem nomen Magistri & Fratrum Hospital' Regis Jacobi in Gateside in com' palatin' Dunelm' perpetuis futur' temporibus vocabuntur appellabuntur et nominabuntur. Et quod per idem nomen Magistri et Fratrum Hospi­tal' Regis Jacobi in Gateside in com' palatin' Dunelm' sint et erunt perpetuis futur' temporibus persone habiles et in lege capaces ad habend' perquirend' recipiend' et possidend' maner' messuag' terr' tenement' prat' pasc' pastur' revercion' remaner' et al' heredita­ment' sibi et successoribus suis imperpetuum tam de nobis heredibus et successoribus nostris quam de aliqua alia persona sive de aliquibus aliis personis quibuscunque ... am etiam bon' et catall' ad sustentacion' manutention' et relevamen hospital' predict' ac predict' magistri et fratrum ibidem de tempore in tempus degen' et sustentand'.

Volumus etiam ac per presentes pro nobis heredibus & success' nostris concedimus pre­dict' magistro et fratribus hospital' predict' et successoribus suis quod ipsi et successores sui imperpetuum habeant commune sigillum pro causis et negotiis suis et successorum suo­rum concerne [...]' hospital predict'.

Et quod predict' magister et fratres hospital' predict' et successores sui per nomen Magistri et Fratrum Hospital' Regis Jacobi in Gateside in com' palatin' Danelm' placitare [Page 663] et implacitari respondere et responderi prosequi defendere et defendi possint et valeant in quibuscunque et singulis causis querelis sect' & actionibus quibuscunque cujuscunque natur' seu gener' fuer' in quibuscunque cur' locis et plac' nostr' heredum & successor' nostror' ac in cur' locis et plac' al' quorumcunque coram quibusdam judicibus justiciariis et commissionariis nostris heredum et successorum nostror' et al' quorumcunque in­fra hoc regnum nostrum Anglie et alibi et ad ea omnia et singula al' quecunque faciend' agend' et exequend' per nomen predict' in tam amplis modo et forma prout al' person' lig' nostr' person' habiles et in lege capaces infra regnum nostrum Anglie faciant & fa­cere valeant aut possint in cur' loc' et plac' predict' ac coram judicibus justiciariis et com­missionariis predict'.

Et ulterius volumus concessimus et ordinavimus et per presentes pro nobis heredibus et successoribus nostris volumus concedimus et ordinamus quod cum et quoties impos­terum contingat rector' ecclesie parochial' de Gateside predict' existen' magistrum hospital' predict' obire vel ab rector' predict' et officio suo magistri hospital' predict' pro aliqua causa ob quam juxta ordinacion' provision' et constitution' pro regimine gubernatione et di­rection' hospital' predict' antehac fact' seu imposterum fiend' seu aliquo alio quocunque modo ab eodem hospital' amoveri vel ab inde totaliter sponte recedere quod tunc et to­ties episcopus Dunelm' pro tempore existen' al' idon' person' existen' rector' dicte rector' de Gate­side in magistrum sive custod' dicte hospital' in loco hujusmodi magistri sic deceden' amot' seu totaliter receden' infra tempus convenien' prox' post decess' amocion' seu recess' ill' sequen' no­minabit constituet admittet et in real' possession' inde ponet.

Et preterea volumus quod cum et quoties conting' imposterum aliquem vel aliquos eorundem fratrum hospital' predict' obire vel ab hospital' predict' amot' fore pro aliqua causa ob quam juxta ordinacion' provision' et constitution' pro regimine gubernation' et direction' hospital' predict' antehac fact' seu imposterum fiend' seu aliquo alio quocun­que modo ab eodem hospital' amoveri vel ab inde totaliter sponte recedere quod tunc et tocies magister hospital' predict' pro tempore existen' aliam sive al' idoneam personam sive person' sic deceden' amot' seu totaliter receden' infra quatuordecim dies prox' decess' amo­cion' seu recess' ill' sequen' nominabit constituet admittet et in real' possession' inde ponet.

Ac ulterius declaramus & significamus per presentes quod episcopus Dunelm' pro tempore existen' et successores sui pro tempore existen' sit et erit sint et erunt verus et in­dubitat' patron' ejusdem hospital' et quod habeant de tempore in tempus presentation' nomination' et institution' predict' magistri toties quoties idem hospital' vacaver' per mort' cession' resignation' deprivation' vel aliter in tam amplis modo et forma prout fundator dict' nuper hospital' sive reputat' hospital' aut aliquis episcopus Dunelm' antehac habuit aut gavisus fuit aut habuer' usi et gavis' fuer' sive debuer'.

Volumus etiam per presentes pro nobis heredibus & successoribus nostris concedimus quod episcopus Dunelm' pro tempore existen' et successores sui de tempore' in tempus revisent examinabunt et perscrutabunt antiqua statut' jur' ordinacion' et constitution' hospital' predict' ac tot' et tal' eorundem antiquorum statut' ordination' et constitution' quot' qual' et quatenus eadem sint repugnan' aut contrar' legibus et statut' hujus regni nostri Anglie solummodo penitus expurgare delere et obliterare ea intentione ut posthac in usu aut execution' non ponantur ac etiam facere et constituere tot' tant' tal' et hujusmodi al' bon' idon' et salubria statut' jur' ordination' et constitution' in script' tam concernen' divin' servic' de die in diem predict' hospital' in honor' Dei celebrand' quam concernen' gu­bernation' et direction' magistri et fratr' in hospital' predict' relevand' quot' quant' qual' et que per predict' episcopum Dunelm' pro tempore existen' bon' util' idon' et salubria videbuntur non existen' contra repugnan' seu derogan' antiquis statut' ordination' et con­stitution' dict' hospital' ante hac fact' quatenus hujusmodi antiqua statut' ordination' & constitution' non sint vel erunt contrar nec repugnan' legibus vel statut' hujus regni nostri Anglie Eademque omnia et singula sive eorum aliquod vel aliqua sic de novo fact' [Page 664] vel fiend' secundum veram intentionem harum literarum nostrarum patentium revocare mutare determinare augmentare alterare vel de novo facere prout ei de tempore in tempus melius videbitur expedire. Que quidem statut' jur' ordination' et constitution' sicut prefertur fiend' et constituend' volumus et concedimus ac per presentes pro nobis heredibus et successoribus nostris firmiter precipimus et mandamus inviolabiliter obser­vari teneri et performari de tempore in tempus in futur' ita tamen quod ejusmodi statut' jur' ordination' sicut prefertur fiend' constituend' et ordinand' aut eorum aliquod vel aliqua non sint contrar' aut repugnan' legibus aut statut' hujus regni nostri Anglie vel antiqu' statut' ordination' et constitution' dict' hospital' quatenus eadem antiqua statut' ordination' ejusdem hospital' non sint contrar' nec repugnan' legibus aut statut' hujus regni nostri Anglie.

Dedimus etiam et concessimus ac per presentes pro nobis heredibus & successoribus nostris damus et concedimus prefat' magistro et fratribus hospital' Regis Jacobi in Gate­side in com' palatin' Dunelm' predict' et successoribus suis imperpetuum totum illud hospitale sive reputat' hospital' antehac communiter vocat' sive cognit' per nomen Hos­pital' sive liber' Capell' Sancti Edmundi Regis et Martyris infra vill' de Gateside sive per nomen Hospital Sancti Edmundi Episcopi in Gateside sive per quodcunque al' nomen sive nomina quecunque antehac vocat' sive cognit' suit. Ac tot' scit' mansion' et gardin' eorundem necnon quadraginta acras terre arabil' quinque carect' feni de decem acr' prat' quadraginta acr' pastur' ad sustentation' bestiar' et unum clausum apud Shotley­brigge in predict' com' palatin' Dunelm' cum omnibus et singulis eorum juribus mem­bris libertatibus et pertinen' universis de quibus reputat' magister et fratres hospital' predict' et predecessores sui vel eorum aliquis vel aliqui per spacium sexaginta annorum ultim' elaps' ante dat' harum literarum nostrarum patentium de facto saltem si non de jure habuer' perceper' vel gavis' fuer' annual' reddit' exit' revencion' seu profic' quiete et absque disturbatione.

Ac etiam omnia et singula messuag' molendin' domos edific' structur' horr' stabula columbar' hort' pomar' gardin' terr' tenement' prat' pasc' pastur' vast' jampn' bruer' mor' marisc' bosc' subbosc' decem fructus profic' commoditat' advantag' emolument' et hereditament' reddit' revercion' servic' pension' portion' jur' jurisdiction' libertat' privileg' profic' commoditat' advantag' emolument' et hereditamenta nostra que­cunque cum suis juribus membris et pertinenciis universis cujuscunque sint ge­neris natur' seu speciei seu quibuscunque nominibus sciantur censeantur nuncu­pantur seu cognoscantur scituat' jacen' et existen' crescen' provenien' renovan' con­tingen' sive emergen' infra vill' camp' loc' paroch' sive hamlet predict' vel alibi ubi­cunque in dicto com' palatin' Dunelm' predict' nuper hospital' vel reputat' hospital' ad aliquod tempus antehac spectan' pertinen' inciden' vel appenden' aut ut membr' part' vel parcell' ejusdem nuper hospital' unquam antehac habit' cognit' accept' occupat' usi­tat' dimiss' locat' reputat' sive gavis' existen' necnon revercionem et reverciones re­maner' et remaneria nostra quecunque omnium et singulorum premisssorum et cujuslibet inde parcell' dependen' vel expectan' de in vel super aliquam dimissionem vel conces­sionem pro termino vite vitarum vel annorum aut aliter de premiss' superius per pre­sentes preconcess' seu de aliqua inde parcell' fact' existen' de recordo ac reddit' et an­nual' profic' quecunque omnium et singulorum eorundem premissorum et cujuslibet inde parcell'.

Volumus etiam ac per presentes pro nobis heredibus & successoribus nostris conce­dimus prefat' magistro et fratribus hospital' predict' et successoribus suis quod ipsi et successores sui de cetero imperpetuum habeant teneant et gaudeant ac habere tenure et gaudere valeant et possint infra omnia et singula premiss' superius per presentes precon cess' ac infra quamlibet inde parcell' deinceps imperpetuum tot' tant' talia eadem hu­jusmodi et consimilia jur' jurisdictiones franchesias consuetud' libertat' privileg' profic' [Page 665] commoditat' advantag' possession' emolument' et hereditament' quecunque quot' quant' qual' et que ac adeo plene libere et integre ac in tam amplis modo et forma prout ali­quis magister et fratres dict' nuper hospital' aut aliquis alius sive aliqui alii pre­miss' superius per presentes preconcess' unquam antehac habentes possidentes aut sesiti inde existentes habens possidens aut sesitus inde existens habuit tenuit vel gavi­sus fuit aut unquam habuer' et gavisi suer' seu haber' tenere uti vel gaudere debuerunt aut debuit in premiss' superius per presentes preconcess' aut in aliqua inde parcell' ra­tione vel pretextu alicujus charte doni concess' vel confirmacionis per nos seu per ali­quem progenitor' nostror' nuper regum vel reginarum Angl' antehac habit' fact' con­cess' seu confirmat' aut ratione vel pretextu alicujus act' parliament' vel aliquor' act' par­liamentor' aut ratione vel pretextu alicujus legitime prescriptionis usus seu consuetud' antehac habit' seu usitat' aut al' quocunque legali modo jure seu titulo ac adeo plene li­bere et integre ac in tam amplis modo et forma prout nos aut aliquis progenitor' nostr' predict' terr' tenement' et cetera omnia et singula premissa superius per presentes precon­cess' aut aliqua inde parcell' ad manus nostras seu ad manus aliquorum progenitorum sive antecessorum nostrorum nuper regum vel reginarum Anglie ratione vel pretextu alicu­jus dissolutionis vel sursum redditionis alicujus nuper monaster' abbathie vel priorat' aut ratione vel pretextu alicujus actus parliamenti vel aliquorum actuum parliamentorum aut ra­tione eschaet' seu quocunque alio legali modo jure seu titulo devenerunt seu devenire debuerunt ac in manibus nostris jam existunt seu existere debent vel deberent, ha­bend' tenend' et gaudend' predict' hospital' terr' tenement' prat' pasc' pastur' ac cetera omnia et singula premiss' superius per presentes preconcess' cum eorum pertinenciis uni­versis prefat' magistro et fratribus hospital' Regis Jacobi in Gateside in com' palatin' Dunelm' et successoribus suis imperpetuum ad solum et proprium opus et usum eorundem magistri et fratr' hospital' Regis Jacobi in Gateside in com' palatin' Dunelm' predict' et suc­cessorum suorum imperpetuum tenend' de nobis heredibus & successoribus nostris in liber' pur' et perpet' eleemosin' in perpetuum pro omnibus al' redditibus serviciis exactionibus et demand' quibuscunque proinde nobis heredibus vel successoribus nostris quoquo­modo reddend' solvend' vel faciend'

Et alterius de ampliori gratia nostra speciali ac ex certa scientia et mero motu nostris pro nobis heredibus et successoribus nostris dedimus concessimus pardonavimus remisimus relaxavimus et confirmavimus ac per presentes damus concedimus pardona­mus remittimus relaxamus exoneramus et confirmamus prefat' magistro et fratribus ho­spital' predict' & successoribus suis et omnibus aliis tenen' et occupator' premiss' supe­rius per presentes preconcess' et cujuslibet inde parcell' omnes intrusiones intraciones & ingressus de in et super premiss' seu aliqua inde part' vel parcell' antehac habit' fact' ac etiam omnia et singula exit' fines redditus revencion' fruct' annual' profic' et arrerag' quecunque omnium et singul' premiss' superius per presentes preconcess' et cujuslibet inde parcell' quoquemodo ante datum harum litterarum nostrarum patentium hucusque provenien' crescen' acciden' incurs' sive solubil' ac omnia arrerag' inde.

Et ulterius de amplio [...] gratia nostra speciali ac ex certa scientia et mero motu nostris volumus ac per presentes pro nobis heredibus & successoribus nostris concedimus prefat' [...] et fratribus hospital' predict' et successoribus suis quod bene liceat abh [...]c pre­fat' magistro et fratribus hospital' predict' et successoribus suis dimittere [...]on [...] et ad s [...]m' [...] omnia & singula messuag' s [...]m' teri' et tenement' cum pertinentiis eide [...] hospital' seu [...] putat' hospital' antehac spectan' s [...] pertinen' que antehac usualiter dimiss' facr' pro termino [...] annorum in possession' et non pro ulterter' etat' vel termtu' et hoc pro et sub m [...]lior' ra t [...]nalit' reddit' pro .... re [...]r [...]end' et solvend'.

Ac ulterrus declaramus et significan [...]us per presentes quod duren' vit' natural' predict' Johannis Hutton modo magistri hospital' predict' et quamdiu idem Johannes Hutton in offic' magistri hospital' predict' continuaver' quilibet predict' trium pauperum in eodem ho [...]pital' de tempore in tempus relevand' et sustentand' habebit et percipret de et ex reddit' re­vencion' [Page 666] profic' emelument' ejusdem hospital' tres libras sex solidos et octo denarios bone et le­galis monete Anglie annuatim pro relevamine et sustentatione eorundem pauperum per manus dicti Johannis Hutton annuatim solvend'.

Et ulterius volumus ac per presentes pro nobis heredibus et successoribus nostris concedimus et declaramus quod immediate post mortem dicti Johannis Hutton magister hospital' predict' qui pro tempore fuerit et successores sui magistri hospital' predict' habe­bit et gaudebit habebunt & gaudebunt ad eorum proprium usum et commodum pro manutention' hujusmodi magistr' hospital' predict' plenam tertiam part' in tres partes dividend' omn' et singul' exit' redait' revencion' et profic' omn' & singul' terr' tenement' & hereditament' supe­rius per presentes preconcess' et eidem hospital' antehac spectan' sive de jure pertinen'.

Et quod similiter immediate post mortem dicti Johannis Hutton fratres hospital' predict' qui pro tempore fuer' et successores sui habebunt & gaudebunt ad eorum proprium opus usum et commodum pro manutention' dictorum fratrum hospital' predict' per manus dict' magistri hospital' predict' pro tempore existen' et successorum suorum percipiend' alter' duas partes in tres partes dividend' omnium & singul' exit' reddit' revencion' & profic' omnium et singul' terr' tenement' et hereditament' superius per presentes preconcess' et eidem hospital' spectan' sive de jure pertinen'.

Et ulterius de ampliori gratia nostra speciali ac ex certa scientia et mero motu nostris volumus ac per presentes concedimus prefat' magistro et fratribus hospital' predict' et successoribus suis quod nos heredes et successores nostri imperpetuum et de tempore in tempus exonerabimus acquietabimus et indempn' conservabimus tam dictum magistrum et fratres & successores suos quam omnia et singula predict' terr' tenement' et heredi­tament' superius per presentes preconcess' et quamlibet inde parcell' cum eorum perti­ [...]enciis universis versus nos heredes & successores nostros de et ab omnibus corrodiis reddit' feod' annuitat' pencionibus portionibus et denariorum summis ac oneribus qui­buscunque de premiss' superius per presentes preconcess' seu de aliqua inde parcell' no­bis heredibus et successoribus nostris quoquomodo exeun' seu solven' vel super inde versus nos heredes et successores nostros onerat' seu onerand'.

Volentes insuper et per presentes pro nobis heredibus et successoribus nostris firmiter injungend' et precipiend' tam thesaurar' cancellar' & baron' scaccarii nostri quam omni­bus et singulis receptoribus auditoribus et aliis officiariis et ministris nostris heredum & successorum quibuscunque pro tempore existen' quod ipsi et eorum quilibet super solam [...] monstrationem harum literaram nostrarum patentium vel irrotulament' eorundem absque aliquo al' brevi seu warranto nobis heredibus vel successoribus nostris quoquo­modo impetrand' seu prosequend' plenam integram debitamque allocationem et exone­rationem manifestam de et ab omnibus & singulis hujusmodi corrodiis redditibus an­nuitatibus pentionibus portionibus et denariorum summis ac oneribus quibuscunque prefat' magistro et fratribus hospital' predict' & successoribus suis facient vel de tem­p [...]re in tempus fieri causabunt Et he littere nostre patentes vel irrotulament' earundem [...]unt annuatim et de tempore in tempus tam dict' thesaurar' cancellar' & baron' dicti [...]acca [...]i nostri heredum et successorum nostrorum quam omnibus et singulis receptoribus auditoribus et aliis officiariis & ministris nostris heredum et successorum nostrorum qui [...]scunque pro tempore existen' sufficien' warrant' et exoneratio in hac parte.

Volumus etiam ac per presentes concedimus prefat' magistro & fratribus hospital' predict' et successoribus suis quod he littere nostre patentes vel irrotulamenta earundem [...]runt in omnibus et per omnia firme valide bone sufficien' et effectual' in lege et contra nos heredes & successores nostros tam in omnibus curiis nostris quam alibi infra reg­num nostrum Anglie absque aliquibus confirmationibus licentiis vel tollerationibus de nobis heredibus vel successoribus nostris quoquomodo imposterum procurand' aut obti nend' Non obstante male nominand' vel male recitand' aut non recitand' predict' terr' tenoment' ac ceter' premiss' superius per presentes preconcess' aut aliquam inde parcell' [Page 667] Et non obstan' non inveniend' offic' aut inquisitionem premiss' aut alicujus inde parcell' per que titulus noster inveniri debuit ante confectionem harum literarum nostrarum pa­rentium Et non obstan' male recitand' male nominand' vel non recitand' seu non no­minand' aliquam dimissionem sive concessionem de premiss' vel de aliqua inde parcell' fact' existen' de recordo vel non de recordo Et non obstan' male nominand' vel non no­minand' aliquam villam hamlett paroch' loc' vel comitat' in quibus premiss' vel aliqua inde parcell' existunt vel existit Et non obstan' quod de nominibus tenentium firma­riorum sive occupatorum premissorum aut alicujus inde parcell' plena vera et certa non sit mentio Et non obstan' aliquibus defectibus de certitudine vel computatione aut de­claratione veri annui valoris premissorum aut alicujus inde parcell' aut annuitat' redd' reservat' de et super permiss' vel de et super aliquam inde parcell' in hiis litteris nostris patentibus express' et content' Et non obstan' statut' in parliament' Domini Henrici nuper Regis sexti antecessor' nostri anno regni sui decimo octavo fact' et edit' Et non obstan' statut' de terr' et tenement' ad manum mortuam non ponend' Et non obstan' statut' in parliament' Domini Edwardi nuper Regis Anglie sexti antecessoris nostri anno regni sui primo fact' et edit' Et non obstan' aliquibus defect' in non recte nomi­nand' natur' genera species quantitat' aut qualitat' premissorum aut alicujus inde parcell' Eo quod expressa mentio de vero valore annuo aut de certitudine premissor' sive eorum alicujus aut de aliis donis sive concessionibus per nos seu per aliquem progenitorum sive predeccessorum nostrorum prefat' magistro et fratribus hospital' pred' ante hec tempora fact' in presentibus minime fact' extitit aut aliquo statuto actu ordinatione provisione proclamatione sive restrictione in contrariam inde antehac habit edit' ordinat' seu provis' aut aliqua alia re causa vel materia quacunque in aliquo non obstante. In cujus rei testimonium has litteras nostras fieri fecimus patentes. Teste meipso apud Westmonaste­rium quarto die Jeruarti anno regni nostri Anglie Francie et Hibernie octavo et Scoti [...] quadragesimo quarto.

Per breve de privato sigillos CARTWRIGHT. (From a copy in Allan's privately printed collections.)

APPENDIX, P. 473 and 479. An Act for the writing and [...] the Town of Gateside to the Towne of Newcastell vpon Ti [...].

WHERE the quiet order, [...], and gouernance of the corporation, and bodie politike of the towne of Newcastell vpon Tine, hath beene not a litle disturbed, and hindred to a [...] great, and manifest impouerishment, ruine, and decaie of the said corporation: [...] reason aswell that in the towne of Gateside parcell both of the possessions of the bishoprike of Durham, and also of the liberties, and countie palantine of Durham aforesaid, next a l [...]ming unto the said hauen towne of Newcastell on the southside of the said riuer of Tine, do inhabit, and beene from time to time a great number of carpenter, collars, fishers, manners, and other handicrafts men, which by [Page 668] their handiworks gaine, and haue their cheefe, and in maner whole liuing in the said towne of Newcastell, where they dailie commit manifold inormities, and disorders, which escape unpunished, to a verie euill example in the hinderance of iustice, by reason that such offenders by repairing into the said towne of Gateside, being without the iurisdic­tion of the said hauen towne of Newcastell, find euasions, and means to escape the con­digne correction, and punishment of their said misbehaviors: as also for that no small number of the inhabitants of Gateside without anie respect to the conseruation of the hauen of the said port towne of Newcastell being the cheefe maintenance, and uphold of the same, doo cast into the said hauen rubbish, with all the refuse of their buildings, besides the other clensing of their houses, and streets, without anie correction, or punish­ment extended vnto them for the same, by reason that the said towne of Gateside is parcell of the said countie palantine of Durham, and without the liberties of the said hauen towne, as is aforesaid, without remedie whereof, the said hauen should perish, and thereby the towne should be in great ieopardie of ruine, and decaie.

And furthermore, forasmuch also as a part of the bridge ouer the said riuer of Tine perteining to the said towne of Gateside, is so far in ruine, and decaie for lacke of repa­ration, that no carts, or cariages may be suffered to passe ouer the same: for remedie whereof, and sundrie other inormities here not recited, be it by the king's majestie our souereigne lord, with the assents of the lords spirituall and temporall, and the commons in this present parlement assembled, and by the authoritie of the same, ordeined, esta­blished, and enacted, that the towne of Gateside aforesaid, and all the inhabitants of the same towne that now be, or hereafter shall be, and a parcell of ground called the Salt Medows ioining to the towne of Gateside aforesaid and hard vpon the riuer there, and the whole water, and bridge belonging, or apperteining to the same towne of Gateside, shall be from hensefoorth seuered, and diuided from the bishoprike of Durham, and from the liberties, and countie palantine of the same. And from hensefoorth shall be united, and annexed to the said towne of Newcastell upon Tine, and to be taken, deemed, and adiudged to be within the countie, and shire of the same towne of New­castell upon Tine, and be reputed, and taken as part, parcell, and member of the same towne of Newcastell. And the inhabitants of the same towne of Gateside shall be under the rule, gouernment, and correction of the maior, and burgesses, as other of the inhabitants of the same towne of Newcastell, now beene, or of right ought to be, to all intents, constructions, and purposes, and that the said maior of Newcastell, and burgesses of the same towne, and their successors from hensefoorth euer shall haue the same, and like liberties, franchises, priuileges, iurisdictions, punishments, obedience, and corrections in the said towne of Gateside aforesaid, and the medow called the Salt Medow, and the waters, and bridge belonging to the same towne of Gateside, and of the inhabiters, dwellers, and occupiers of the same, as the said now maior, and burgesses hath, or maie lawfullie doo in all things, and to all intents in the said towne of Newcastell.

Prouided alwaie, and be it enacted by the authoritie aforesaid, that this act, ne anie thing therein conteined, shall not in anie wise extend to take awaie anie such title of common from the inhabitants of the said towne of Gateside, which they haue, or of right ought to haue within the bishoprike of Durham aforesaid, but that they, and euerie of them, their heirs, and successors, maie haue, use, and occupie the same, as they might haue doone before the making of this act, and as if this act had neuer beene had, he made, anie thing conteined in this act to the contrarie notwithstanding.

Prouided alwaies, and be it enacted by the authoritie aforesaid, that the maior and burgesses of Newcastell, and their successors for euer, shall haue towards the reparations of the south side of the bridge, their sufficient wood for the reparations of the same bridge, and also for the reparations of the houses of Gateside aforesaid to be taken, and had out of the woods of the parke of Gateside, in like maner and forme as the said towne [Page 669] of Gateside, and the inhabitants of the same, hath aforetime had the same to the same intent, and to be deliuered unto them by the assignement of the lord, or owner, or his sufficient deputie, or deputies of the said manor, and parke of Gateside aforesaid, for the time being, as often as need shall require the said bridge to be repaired by the said maior, and burgesses, and their successors at the costs, and charges of the said maior, and burgesses, and their successors for ever.

Prouided also, and be it enacted by the authoritie aforesaid, that the Bishop of Dur­ham, and his successors for ever, for all such things as he or they shall buie, bring, or carie into the said towne of Newcastell or Gateside, or buie in them, or in anie of them for the maintenance of their houshold, or familie, shall go free without paieng anie toll, picage, stallage, wharfage, or other dutie, or custome for the same, in the same towne of Newcastell, and Gateside: sauing to all, and euerie person and persons, bodies politike, and corporat, their heires, and successors, and to the heires and successors of euerie of them, all such right, title, interest, possession, leases, annuities, rents, seruices, reuersions, remainders, offices, fees, commons, commodities, profits, entrees, conditions, petitions, sute, or action, which they now haue, or hereafter ought to haue, of, in, or to anie manors, mesuages, lands, tenements, or hereditaments, lieing, and being within the said towne of Gateside, other then the liberties, franchises, priuileges, iurisdictions, vnit­ings and annexions, punishments, obediences, corrections, interests belonging to the said bishoprike of Durham, or of the county palantine aforesaid, heretofore claimed, and vsed within the said towne of Gateside, and in the Salt Medow, bridge, and waters afore­said, and the timberwood from time to time necessarie to be taken, and had in Gateside parke for the reparations aswell of the said bridge, as also of the houses in Gateside afore­said, in forme afore rehearsed, which said towne of Gateside, the Salt Medow, bridge, and waters aforesaid, together with the abouesaid timber, for the reparations of the said bridge and houses, to be taken in Gateside parke aforesaid, are vnited and annexed to the said towne of Newcastell vpon Tine, as aforementioned, in such like manner and forme, as they, or anie of them haue had, should, or might haue had, if this act had neuer beene had ne made: anie thing in this present act conteined to the contrarie thereof in anie wise notwithstanding.

APPENDIX, P. 497. (From an attested Copy, communicated by the Rev. Mr. Thorp, Rector of Gateshead.)

I Theophilus Pickering of Gateshead in the bishopric of Durham do hereby intrust my rever [...]nd and worthy friends Mr. Nathaniel Ellison, vicar of Newcastle, Mr. Samuel Hampton, cura [...] of Gateshead, and my worthy friends Mr. Michael Taylor, Mr. [...]urxi [...] Stephenson, Mr. Robert Sutton and Mr. William Coatsworth, merchants in Gateshead aforesaid and Mr. Charles Newton and Mr. Matthew Newton, masters and manners of the said parish of Gateshead, with the whole profits that shall accrue to me for all the [...] or [...] of coal that shall at any time be wrought out of a parcel of ground contrarily called o [...] known by the name of Bulis Acre in the said parish of [Page 670] Gateshead, which they are hereby empowered to receive of my tenants for the said col­ [...], and their acquittances for every such sum or sums of money by them received shall by my said tenants be allowed of and accepted as my own: and in case of my de­cease before the said colliery be fully wrought out, so that the sum or sums of money aris­ing from thence shall not in all amount to the full sum of three hundred pounds of good and lawful money of England, I do hereby oblige my executors and administrators, out of what estate real or personal it shall please God I leave behind, to add so much money thereto, as shall complete to my said trustees the reverend Nathaniel Ellison, vicar of Newcastle, Mr. Samuel Simpson, curate of Gateshead, Mr. Michael Taylor, Mr. Haux­ [...]ey Stephenson, Mr. Robert Sutton and Mr. William Coatsworth, merchants in Gates­head, and Mr. Charles Newton and Mr. Matthew Newton, masters and mariners of Gateshead, the said sum of three hundred pounds—which said sum of three hundred pounds shall be laid out by theese my trustees in the purchase of some rent charge if it may be had, or in the purchase of land for the perpetual maintenance of a free school in the parish of Gateshead the yearly revenue of which rent charge or land (ex­cepting what is paid to the lord of the manor of Gateshead for the use of the tollbooth in the said parish as a school) shall be the standing salary for the master of the said free school—and if the said tollbooth in the parish of Gateshead cannot be obtained or con­tinued as a school for this purpose, tho' I have a grant of it [...]ing my time, and no other building be obtained or erected by any person or persons in [...]is convenient a part of the town for this end and purpose, I do hereby settle this my gift of three hundred pounds upon the anchorage adjoining to the parish church of Gateshead, the yearly revenue of which sum shall be the perpetual maintenance of a schoolmaster there, which said master, whether he be settled in the tollbooth or anchorage or any other convenient place in Gateshead aforesaid, shall be chosen by the rector of Gateshead for the time being, with the consent of the trustees above mentioned, and after their decease solely by the rector of Gateside for the time being. And my desire is, that if any poor clergiman be found in all respects qualified for the said school, he may be chosen master thereof before any other, as he may be useful on occasion in assisting the rector either in his pa­rish church or in his chapel belonging to the hospital when ever that shall regain again its original design and institution. Tho' in the first place I do hereby appoint and declare Mr. George Hudson now schoolmaster in the parish of Gateshead aforesaid to be the master of the said free school during the term of his life and continuance in the said pa­rish, provided he shall from time to time and at all times diligently and faithfully execute the trust and duty reposed and incumbent upon him as master of the said school, which is as followeth: Imprin [...], That the master of the said free school, for and in consideration of the yearly salary above mentioned, shall teach or be ready to teach all the children of the parish of Gateshead, the Latin and Greek tongues: as also to write and cast up ac­counts and also the art of navigation or plain sailing. And I do desire my trustees, that they or some of them, with the rector of Gateshead for the time being, do once at least in the year inspect the said free school and examine in every particular what proficiency is made there according to my design and order now re [...]t [...]d—and that all this may be begun and ended in the faith and fear of almighty God and to the glory of his great and holy name, and the procuring his favourable protection and blessi [...], [...]o hereby most strictly require and enjoin the said master and every respective [...] [...]very morning before he begins to teach school, to read or cause to be read to hi [...] [...], a charter out of the holy Bible and then such a prayer or form of prayer as [...] be appointed him for that purpose, and every night before he gives over school, to [...] began, with a chapter again and prayer, and also with a psalm which the said [...] shall teach all his scholars to sing, and that at other times also he shall teach [...] all the [...] tunes, especially such as are sung at Gateshead church. And that [...] Sunday both morning and afternoon the said master do cause all his scholars to repair first to the five [Page 671] school, and from thence to attend him constantly to church, behaving themselves there at­tentively and reverently, and that after evening prayer he shall return again with his scholars to the said free school, where he shall hear them say the church catechism and sing a psalm together with them, and then exhorting them to a diligent and frequent reading of the scriptures, to a religious use of God's holy name, a devout observation of the Sabbath day, a constant offering of their prayers to almighty God every day, dismiss them in his faith and fear to their several homes.—In witness of this my trust, gift, will and desire I do hereunto set my hand and seal this ninth day of January, in the year of our Lord God 1700-1.

THEOPHIL. PICKERING.
Signed, sealed and delivered (being writ upon paper stampt as the law directs) in the presence of Richard Man, James Middleton and James Brown. Examined and compared with the original by me RALPH TROTTER, Register.

ADDENDA.

ADDENDA, P. 21.

CHARES ON THE KEY-SIDE.

PALESTER'S CHARE now goes by the name of the Black-Boy-Chare, from the sign of a black boy.

Colvin's Chare is now called Armourers Chare.

"The Park" is known at present by the names of "the Dark Entry," or "Back Lane." It has been omitted in Hutton's Plan.

ADDENDA TO THE ACCOUNT OF THE CASTLE. P. 168.

JOHN CHRICHLOE TURNER, Esq. lessee of the Castle-Garth, was afterwards sheriff of Huntingdon and Cambridge shires, and received the honour of knighthood.

ADDENDA, P. 106. ST. JOHN's CHURCH.

On a Bross Plate in the Front of the O [...]n Gallery.

"THIS [...]llery was erected and repaired A. D. 17 [...]. Jno Gale, Edward Smith, T [...] [...]own, Wm Potter, wardens."

Small mural Monument, [...] the [...]ent, North Wall.

"N [...] [...] place he the remains of Frances wife of James Wharton, who died No­vemb [...] [...], aged 4 [...] years. Fre [...]ed by her son Francis Wharton 1785"

[...] [...]ural Monument of white and black Mar [...]h near the Vestry D [...]o [...]

"SACRED to the memory of Nathaniel Clayton, B. D. [...]merly follow of St. John's College, Cambridge, [...]or of Ingram and vicar of Whelpington in the county of Northumberland; rector of Aberdaron in North Wales: [Page 674] Master of the hospital of St. Mary Magdalen in Newcastle upon Tyne; and fifty years lecturer of this church. He resigned his spirit to him that gave it August 10th 1786. His earthly remains were interred without the walls of this church near the south aisle. He married Grace, one of the daughters and coheiresses of Nicholas Fenwick, of London, merchant, by whom he had issue three sons and one daughter—Nathaniel who died an infant, and Robert, Nathaniel and Sarah, now surviving." Arms, Clayton and Fenwick on a scutcheon of pretence.

ST. JOHN'S REGISTER.

Februarij 1588-9, "John Car gentleman and postmaster" occurs.

September 1589, "Elswicke Stathe" occurs.

March 1589-90, "Mr. Bowlande entring to be curat at St. John's."

"The 22 daie of August entred Mr. John Murra to be minister of St. John's church." (1590)

"May 1589, Alice Stokoe the 13 May buried. She was servant to Thomas Hodgs­son butcher and did put downe herselfe in her maister's house in her own belt," i. e. hanged herself, a north country idiom.

"August 1589, Edward Erington the townes fooll buried the 23 of August died in the peste."

October 1589.

"Died this moneth of October on hundred 208 persons thre score and 3 children 32 young men and maids and 33 of marid folks being housholders 1589."

December 1589.

"Died in thys monethe December Mr. Willm Selbye maior and John Gibson sheriffe 11 persons in the plage so that in all which hath died beffor this daie being the firste of Januarij in this towne it is counted by all the records in number to be in all 1727 per­sons wheroff 3 hundrede and 40 persons in St. John's 5 hundred and 9 persons at the chapell 3 hundred at Alhalows 4 hundred 9 persons at St Andrews on hundred" and ... (Caetera desunt.)

Mandatum ad recipiend' purgationem clerici incarcerati, faciend' in ecclesiá S. Johannis [...] [...]illa Novi Castri.

Reg. Langley, p. 269.

THOMAS LEYS, decanus ecclesiae collegiatae de Aukland, reverendi in Christo pa­tris Thomae Dunelm' episcopi in remotis agentis vicarius in spiritualibus generalis, di­lectis nobis magistro Willielmo Doncastre in legibus baccallario, archidiaconi Northum­briae officiali & Domino Johanni Brigg, vicario ecclesiae parochialis de Corbrigg se­questratori Northumbriae, salutem in Domino sempiternam. Ex parte Willielmi Med­calfe de Morpath in com' Northumbriae trunpett reverendo in Christo patri & Domino Domino Thomae Dei gratia Dun' episc' de mense Septemb' ultimo praeterito gravite [...] cum querela extitit intimatum, quod idem Willielmus de & super eo quod ipse felonice furatus fuisset unum equum & unam sellam pretii 20s. & de bonis et catallis Johannis Rauchif de Morpath apud Morpath die Jovis proximo post festum Corp' Christi anno regni Regis Henrici quinti post conquestum Angliae primo olim impetitus, et ab hoc per ministros Domini nostri Regis captus et custodi [...] carcerali mancipatus, ac super eodem crimine in judicio seculari coram non suo judice in ea parte per laicos falso et maliciofe convictus, et quia clericus fuit inventus eidem reverendo patri suo diocesano, locique ordinario custodiendus extitit liberatus, propter quod ex parte ejusdem Wil­lielmi [Page 675] fuit praedicto reverendo patri humiliter supplicatum, quatenus ipsius in eâ parte purgationem suam quam se praestiturum existimabat, in forma juris recipere dignaretur. Dictus quoque reverendus pater volens eidem Willielmo, prout ex officio suo tenebatur, justitiam exhibere, nobis vivae vocis oraculo si tunc mandabat, ut sibi pro purgatione sua facienda, si eam facere posset, providere faceremus, cum ad hoc per partem ejusdem Willielmi sumus instanter pulsati, ut sibi juxta mandatum nobis factum, providendus de remedio opportuno. Vobis firmiter injungentes committimus et mandamus, quatenus in singulis ecclesiis parochial' villae Novi Castri super Tynam et praecipue in ecclesia pa­rochiali de Morpath et aliis locis convicinis, ubi expedire videritis, publice et solemniter proponatis & proclamatis, proponive et proclamari faciatis ut si quis vel qui in specie vel in genere contra purgationem ipsius Willielmi Medcalf opponere se voluerit aut vo­luerint, seu eidem contradicere quovis modo coram vobis commissariis nostris aliquo ter­mino competenti peremptorio per vos ad hoc assignando in ecclesia S. Johannis dictae villae Novi Castri sup' Tynam compareat vel compareant causam rationabilem, si quam pro se habeant, quare ad purgationem hujusmodi procedi non debeat in forma juris pro­posituri et probaturi, ulteriusque facturi et recepturi in praemissis quod natura ejusdem negotii et ratio juris de se exigunt & requirunt. Praemuniatis etiam praefatum Johan­nem Rouclif, si ipse superstes fuerit, vel ipsius executores, si ab hac luce migraverit, quod dictis die & loco in hujusmodi purgatione recipienda intersit vel intersint, ad pro­ponend' quicquid proponere vel opponere voluerit vel voluerint in hac parte, si qua pu­taverint interesse: Quibus omnino non comparentibus, aut in suis probationibus defe­cientibus, ad recipiend' in forma juris purgationem ipsius Willielmi Medcalf de praemissis per viros ecclesiasticos & laicos fide dignos, ac omnia alia et singula faciend' exercend' et expediend' quae in praemissis et circa ea necessaria fuerint vel etiam opportuna. Vo­bis de quorum fidelitate & circumspectionis industria plenam in Domino fiduciam ge­rimus, committimus vices nostras cum cujuslibet coercionis canonicae potestate, man­dantes quatenus hujusmodi negotio expedito nos de omni eo quod feceritis et inveneritis in praemissis distincte et aperte certificetis per literas vestras patentes harum seriem con­tinentes officiorum vestrorum sigillis fideliter consignatas. Datum apud Aulkand sub sigillo vicariatûs nostri decimo nono die Martii an' Domini 1419.

M. S. Thomas Wolfallus in agro Lancast' natus Theologus celeberrimus ecclesiae hujus aliquando pastor vigilantissimus: Postquam Simplicitate cordis Sinceritate doctrinae Sanctimonia vitae Conscientiam Deo probasset et vineam Domini sui diligenter excoluisset, mortalitati auream imposuit coronam Octob' 21, annoque Domini 1652. Hac tumultatus humo pro munere amoris ardentiss' extremo hoc monumentum ponendum curavit superstes Vidua ejus E. W.
[Page 676]
Clausa cubant hic ossa Thomae sub marmore parvo
Wolfalli: fidus de grege pastor erat
Grata Deo fecit, fecit mortalibus apta
Dum licuit nutu vivere (Christe) tuo
Ocia non carpsit fluitantis mollia vitae
Dulcia nec mundi gaudia mente tulit
Sed potius veri meditatus mistica Christi
Mortuus e mundi transit ad astra malis.
[...]
[...]
[...].

[...] Proverbs x. 7. (The memory of the just is blessed.)

Apocalypse xiv. 13. [...]. (Blessed are the dead who die in the Lord.)

ADDENDA, P. 120.

"HERE lies buried The Reverend Richard Cuthbert, S. T. B. vicar of Kirkby in Kendale: In whose character the Christian, the scholar, and the gentleman rendered each other more illustrious. His zeal was happily tempered with knowledge and moderation. His public labours and private conduct agreed to demonstrate the integrity of his life. Stranger, suspect not this epitaph of flattery; his praises are more fully inscribed on the hearts of all who knew him, and his Master's presence will reward and perfect his virtues, by a more intimate converse with the great Exemplar. Ob. Nov. 7, A. D. 1744, aetat. 48. cur. huj. par. 11.

INDEX TO VOL. I.

A.
  • ANDERSON'S ring, wonderful event con­cerning, page 45, 46.
  • Arms of the commonwealth ordered to be put up on Tyne-bridge, 48.
  • Assembly-house, 121.
  • St. Andrew's church, 178 to 196.
  • Austin or Augustine Friars, 344, 350.
  • Artillery-ground, 351.
  • Austin-chare, 344.
  • Allhallow gate, 359.
  • All Saints church, from 359 to 393.
  • St. Ann's chapel, from 393 to 395, including ac­count of the lecturers.
  • Alvey's island, 399.
  • Almshouse at Stockbridge, 399.
  • St. Ann's street, 450.
  • St. Ann's, 455.
  • Almshouse in Gateshead, 486.
  • Appendix, Vol. I. Act of 3d Geo. III. for light­ing the streets, &c. of Newcastle, 509.
  • Ditto, Act 26th Geo. III. for widening the streets, &c. 524.
  • Ditto, Act 12th George III. to enable the Bishop of Durham to rebuild part of Tyne-bridge, 542.
  • Ditto, Act 12th Geo. III. for building a tempo­rary bridge over the river Tyne, 548.
  • Ditto, Act for enlarging the term of the above act, 557.
  • Ditto, Act for enlarging the term of the two above acts, 574.
  • St. Andrew's church, Appendix concerning, 618.
  • All Saints church, act for rebuilding, 624 to 638.
  • All Saints church, Appendix concerning, from 638 to 643.
B.
  • BREAKNECK-STAIRS, 7.
  • Bridge, Tyne, fall of, 49.
  • — acts for rebuilding, 50.
  • Bolbeck-hall, alias Westmoreland place, 66.
  • Benwell, chapel and burying-ground of, 111.
  • Black-friars, from 122 to 133.
  • Back-row, 136.
  • — anciently called Gallow-gate, ibid.
  • Bayly-gate, 137.
  • Bankside, ibid.
  • Bridge-end chapel, from 318 to 319.
  • Blackett's, Sir Walter, house, 341.
  • Brigham's almshouses, 342.
  • Blackett's hospital, 357.
  • Blind-chare, 398.
  • Blyth's nook, 410.
  • Byker-chare, 411.
  • Blind man's loaning, 423.
  • Burying-ground for dissenters in Sid-gate, 423.
  • Barias-bridge, 431.
  • Ballast hills burying-ground, 155 to 458.
  • Boundaries of the town of Newcastle, 4 [...].
  • Bottle-bank, Gateshead, 487.
  • Black-friars, grant of, from King Henry VIII. to mayor, &c. of Newcastle, 597.
  • Ditto, grant of, from the mayor, &c. to the nine trades, 599.
C.
  • CLOSE-GATE, 7.
  • Chares, 21.
  • Crow's nest, most remarkable site of one, 30.
  • Coin supposed to have been struck on the build­ing of Tyne-bridge, 37.
  • Coins found on pulling it down, 38.
  • Close-street, so called, 53 et seq.
  • Charity-school, St. John's, 112.
  • Chantries, St. John's, from 106 to 108.
  • Clergy of St. Andrew's, 191, 196
  • Clergy of St. John's, from 117 to 121.
  • Castle of Newcastle, from 143 to 177.
  • Survey of the castle in 1649, 160.
  • Crewe's (Lord) exhibitions, Lincoln-college, Oxford, 99.
  • Chantries in St. Nicholas' church, from 247 to 259.
  • Chancel of St. Nicholas, 266.
  • Charity-school, ibid. 274.
  • Curates of St. Nicholas, 316 to 318.
  • Cramlington-chapel, 322, 323.
  • Clergy, sons of, charity, from 323 to 326.
  • Ditto, for widows, &c. of dissenting clergymen, 326.
  • Cloth-market, alias Flesh-market, 327.
  • Cordiner-row, 33 [...].
  • Cale-cross, 331.
  • Carliol-croft, 342.
  • Cow-gate, 344.
  • Chantries in All Saints, from 361 to 367.
  • Charity-school of All Saints, 373.
  • Curates of All Saints, 390, 393.
  • Crosswell-street, 410.
  • Cock's chare, 411.
  • Close-gate, suburbs of, ibid.
  • Castle-moor, or Town-moor, 431 to 437.
  • Castle-field, 437.
  • Castle-leazes, ibid.
  • Condurt head, 442.
  • Cistern or reservoir in Castle leazes, 445.
  • Castle, Addenda to account of, 673.
D.
  • DURHAM Fellowships, University College, Oxford, 1 [...]1.
  • Darne crook, 178.
  • D [...] [...]y at Newcastle upon Tyne, 340.
  • D [...]son's hospitals, 35 [...], 356, 357.
  • Dog bank, 396.
  • Duck-hill, 399.
  • Dissenting ministers, anecdote of, 455, 456.
E.
  • EQUESTRIAN statue of J [...]mes II. on Sa [...]d. hill, 3 [...].
  • Exchange, 29.
  • [Page]Earl's inn, 54.
  • Execution-dock, 199.
  • Ew-gate, 399.
  • St. Edmund's hospital in Gateshead, from 466 to 476.
  • St. Elen's street, Gateshead, 477.
F.
  • FOSS or ditch of the town's wall, 6.
  • Font of St. Nicholas, 267.
  • Flesh-market, 327.
  • Font, All Saints, 369.
  • Fisher-gate, 400.
  • Farth, or Forth, 416 to 419.
  • Fairs at Newcastle, 437.
  • Folly near Sandgate-gate, 445, notes.
G.
  • GAOL—Gaolers, 14.
  • — chaplains of, ibid.
  • Gogo-burn, 17.
  • Grammar-school, from 85 to 104.
  • Groat or meal market, 234.
  • Gosforth chapels, south and north, 320, 321.
  • Glover-gate, 327.
  • Grey-friars, alias Minors, 331 to 337.
  • Galleries and pews, All Saints, 368.
  • Gooden-dean, 418, notes.
  • Gallow-gate, 422.
  • Garth-heads, meeting-house there, 449.
  • Glass-house bridge, 455.
  • Gun-powder magazine, 459.
  • Gateshead, 461.
  • — severed from the bishoprick of Dur­ham, 479.
  • — companies incorporated at, 485.
  • — woollen manufactory at, 487.
  • — post-office at, ibid.
  • — chapel for dissenters at, ibid.
  • Gateshead church, from 488 to 501.
  • — chantries in, from 489 to 493.
  • — steeple, 493.
  • — galleries, pews and organ, 494.
  • — chancel, ibid.
  • — register, vestry, church-yard, 495.
  • Gateshead charity-school, 496.
  • Gateshead church, plate belonging to, 494.
  • Gateshead, benefactions to the poor there, 497.
  • Gateshead church, monumental inscriptions in, from 498 to 501.
  • Gateshead, rectors and curates of, from 501 to 505.
  • Gateshead, Appendix concerning, from 661 to 671.
H.
  • HOUSES, number of, in Newcastle, 19.
  • Hadrian's Vallum, 137.
  • Hartwell's (Doctor) exhibitions to each univer­sity, from Durham and Newcastle schools, 102.
  • Horsemarket-gate, 178.
  • Hucksters' booths, 199.
  • High-friar-chare, 331.
  • High-bridge, 337.
  • Honey-lane, 398.
  • Heaton, chapel at, 442, notes.
I.
  • INHABITANTS, supposed number of, in Newcastle and Gateshead, 19.
  • Javil-groop, 55.
  • St. John's church, from 106 to 121.
  • — addenda to, 673.
  • James's (St.) chapel, 196.
  • Iron-market, 235.
  • Jesus' hospital, 352 to 355.
  • Jew-gate, 359.
  • Infirmary, from 412 to 416.
  • James's (St.) chapel, 427.
  • Jesmond, Appendix concerning, 620.
K.
  • KEY, or Quay side, 20.
  • Keelmen's hospital, 450 to 454.
  • Key-side, chares on, Addenda to account of, 673.
L.
  • LATITUDE and longitude of Newcastle, 2.
  • Lamps, act concerning, in the streets of Newcastle, 20.
  • Lork-burn, 29.
  • Lady's (our) chapel on Tyne-bridge, 46.
  • Long-stairs, 55.
  • Low-friar-chare, 134.
  • Lying-in hospital, 135.
  • Lying-in charity, 135.
  • Library in St. Nicholas' church, 269.
  • Legacies left to the poor of St. Nicholas, 271.
  • Lecturers, afternoon, at St. Nicholas, 312 to 316.
  • Lort or Lork burn, 331.
  • Low-bridge, 330, 337.
  • Legacies left to the poor of All Saints, 370, 373.
  • Lecturers, morning and afternoon, at All Saints, from 387 to 390.
  • St. Laurence's chapel, 395.
  • Love-lane, 400.
  • Lunatick hospital, 421.
  • Luke's (St.) house, 422, notes.
  • Lisle street, 424.
  • Lying-in hospital, licence to Sarah Hudson to keep, 601.
  • Lamiae, remarkable altar dedicated to, Appen­dix, 607.
M.
  • MAISON de Dieu, 23.
  • — appendix concerning, 541.
  • — rental of, 79.
  • Mansion house, 56.
  • St. Mary's hospital, 67 to 85.
  • Monuments and monumental inscriptions in St. John's, 113 to 116.
  • Monuments, &c. in St. Andrew's, 189, 191.
  • [Page]Meal or groat market, 234.
  • Middle-street, 235.
  • Monuments, &c. St. Nicholas, from 276 to 301.
  • Mosley-street, 328.
  • Monuments and monumental inscriptions in (late) All Saints, from 375 to 386.
  • Michael, St. of Wallknoll, 405.
  • — seal of, 406.
  • Mary's (St.) hospital, King James's charter con­cerning, 588.
  • Monogram of Christ upon a Roman altar, Ap­pendix, 608.
  • Mary's (St.) chapel at Jesmont, 197.
  • Middle-street, 327.
  • Manor-chare, 344.
  • Myln-chare, 423.
  • Magdalen hospital, 424 to 430.
  • Milk-market in Sand-gate, 450, notes.
  • Magdalen hospital, Appendix concerning, 648.
N.
  • NEW-GATE, 13, 14.
  • Newcastle under Lyne, or Lyme, 144.
  • New-gate-street, 177.
  • Nolt-market, 178.
  • Nunnery of Newcastle, 200, to 235.
  • Nicholas' (St.) church, 236 to 301.
  • Nether Dean-bridge, 330, also 337.
  • Nykson's almshouse, 343.
  • New meeting-house, 411.
  • New-gate, suburbs of, 422.
  • Northumberland-street, and Northumberland-place, 424.
  • Nun-moor, 440, 441.
  • New water, 445.
  • St. Nicholas' church, Appendix concerning, 622.
O.
  • ORGAN in St. Nicholas' church, 268.
  • Orphan-house, 424.
  • Ouse, or Use burn, 442.
  • Oak well-gate (Gateshead), 482.
P.
  • PLAN, oldest, of Newcastle upon Tyne, 1.
  • Corbridge's ditto, 2.
  • Hutton [...]s ditto, ibid.
  • Perspective views of Newcastle, ibid
  • Postern-gate, 8.
  • Way through to the Forth, ibid.
  • Pilgrim-street-gate, 15.
  • Pandon-gate, 17.
  • Postern-gate at Carpenters [...] 18.
  • Pons Aelii, 37.
  • Pudding-char [...], 134.
  • Postern, 136.
  • Percy fellowships, University College, Oxford, [...] Northumberland fellowships, 1 [...]1.
  • Pold-hall in the Meal market, 231.
  • Papists, places of worship, 328, 329.
  • Painter-hugh, 339, 338.
  • Pencher-place, 330.
  • Pilgrim-street, 338.
  • Pilgrims' inn, 339.
  • Pandon, 396.
  • Pandon-hall, 397.
  • Pant, etymology of the word, 421,
  • Percy-street, 423.
  • Pilgrim-street, suburbs of, 424.
  • Pinfold, ibid.
  • Pandon, suburbs of, 441.
  • Peter's (St. or Sir) key, 459.
  • Park (Gateshead), 477.
  • Palace-place, in Gateshead, 482.
  • Play-house at Newcastle, act for licensing one, 623.
Q.
  • QUAKERS' meeting-house, 340.
R.
  • RECLUSE on Tyne-bridge, 43.
  • Ring dropped over Tyne-bridge, and re­covered in a wonderful manner, 45.
  • Rosemary-lane, 135.
  • Rents and revenues arising to the castle of New­castle from several baronies, 169, 171.
  • Races, Newcastle, 434.
  • Reservoir on Town-moor, 447.
  • Roman walls, Appendix concerning the present state of, from 601 to 617.
S.
  • SAND-GATE, 18.
  • Sand-hill, 23.
  • Sac, Friars of, alias of the penance of Jesus Christ, 58.
  • Spit [...]l almshouse, 105.
  • Severus' wall, 137.
  • Sheep [...]s-head alley, 137.
  • Smith [...]s (Dr.) exhibition, Durham and Newcastle s [...]hool, 1 [...].
  • Scotch inn, 199.
  • Shrine in St. Nicholas' church, Earl of Northum­berlands, 276.
  • Skinner and Spurtier gate, 327.
  • Side, street so called, 329.
  • Swinburn-place, 330.
  • Silver-street, 359.
  • Steeple of All Saints, 3 [...]7.
  • Stock-bridge, 398.
  • Stoney hall, 3 [...].
  • Semner [...], 412.
  • [...] in close, 420, notes
  • [...].
  • Small [...] 424.
  • S [...]d [...], 441.
  • [...], suburbs of, 448.
  • S [...]erle, 449.
  • Sa [...]s port meeting house, ibid.
  • Sandsgate, chares in, 449.
  • Salt meadows, Gateshead, 479.
  • Skippers and [...]eelmen's act, 6 [...]5.
T.
  • [Page]TOWERS in the town's wall, 6.
  • White-friar-tower, 8.
  • Denton or Nevil tower, ibid.
  • West-spital-tower, 9.
  • Stank-tower, 10.
  • Gunner-tower, ibid.
  • Pink-tower, ibid.
  • Durham-tower, 11.
  • Herber-tower, 12.
  • Mordon-tower, ibid.
  • Ever-tower, ibid.
  • Andrew-tower, 13.
  • Bertram-Momboucher-tower, 15.
  • Fickett-tower, ibid.
  • Carlel or Weavers tower, 16.
  • Waits tower, ibid.
  • Carlel-croft-tower, or Plummer-tower, ibid.
  • Austin-tower, ibid.
  • Corner-tower, 17.
  • Wallknoll-tower, ibid.
  • Habkyn-tower, ibid.
  • Town-court, 29.
  • St. Thomas's chapel, 31.
  • — chantries in, 32.
  • Tyne-bridge, 35.
  • Tyne-bridge, third part of it recovered by the Bishop of Durham, 42.
  • Tower on the bridge, a prison, 47.
  • Temporary bridge, 51.
  • Tuthill-stairs, 55.
  • Tuthill-street, 121.
  • Tallow-house, 351.
  • Temple-gate, 359.
  • Trinitarians, from 401 to 410.
  • Town-moor, from 431 to 437.
  • Trinity-hospital at Gateshead, 463.
  • Trinity-hospital on Wallknoll, Appendix con­cerning, 643.
  • Town-moor act, 649.
U.
  • UNIVERSITY College, Oxford, possessions of, in West-gate, 105.
V.
  • VICARAGE-HOUSE, 105.
  • Vicars of St. Nicholas, from 301 to 312.
  • Upper Dean, or High-bridge, 337.
  • Vine-lane, 424.
  • Vicar of St. Nicholas, act to enable him to devise some land, 595.
W.
  • WALL, Newcastle said to have been sur­rounded with one, temp. Will. Rufus, 1. vid. 3, 4, 5.
  • Wards of the town, 6.
  • West-gate, 10, 11.
  • West-gate (street so called), 58, 66, 104, 121.
  • White-friars, or Carmelites, 60.
  • — surrender of, 63.
  • White-cross, 199.
  • Windows in St. Nicholas' church, 267.
  • Wallknowl, 400.
  • West-gate, suburbs of, 419.
  • Warden's close, 420.
  • Work-house, St. John's, 421.
  • West Cow-gate, 434.
  • Wheat-market, 343.
  • Work-house, or general hospital, 351.
  • Ward's almshouse, 358.
  • Water to supply the town of Newcastle, 443 to 448.

ERRATA.

  • Page 3, line 7 from bottom, "circumdedit," sic in MS. but ought to be "circumdederunt"
  • 10, line 7 from bottom, the asterisk ought to refer to "north," It is so in the MS. but ought to be "south."
  • 63, line 15 from bottom, pro "Dominica," lege "Dominia."—also line 23, the same.
  • line 3 [...] from bottom, ibid. pro "adhibere," lege "adhiberi."
  • 295, line 13 from top, for "lie," read "lay [...]"
  • 297, line 6 from top, for "ut omnibus desideratus," &c. read "ut omnibus esset in viti carus, post mortem desideratus"
  • 515, line 21 from top, for "rates," read "rate."
  • 542, line [...] from top for "St James" read "King James' hospital."
  • 556, line 17 from bottom, for "uch," read "such."
  • 559, line 28 from bottom, for "Wytam," read "Wylam."
  • 6 [...]4, line 6 from bottom, for "reg [...]la," read "regulae."
  • 614, line 8 from bottom, for "Aurelianus," read "Aurelius."
  • 382, line 12 from top, for "vide annals, &c" read "vide Bourne sub A. D. 1429."

Directions to the Binder for placing the Cuts.

  • P [...]t [...]t of Sir Walter Blackett, Bart. to face the engraved Title-page
  • P [...]t of Newcastle upon Tyne page 1
  • Inside view of Town Wall 2
  • View of West-Gate 10
  • — New Gate 1 [...]
  • — Pilgrim-Gate 15
  • View of Newcastle upon Tyne from Sl [...]ld Field 17
  • Statues of King Charles II. &c. 30
  • Ruins of Tyne Bridge 49
  • St. Mary's Hospital 67
  • Assembly Rooms 121
  • Monastery of Black [...] 122
  • Old Castle 141
  • St. Nicholas Church 230
  • Steeple of St. Nicholas' Church 2 [...]
  • Monuments in the Churches 2 [...]7
  • [...]ont in All Satats, and Temporary Bridge 369
  • View of the Infirmary 412
  • Plan of Conde [...]um 6 [...]6
  • Plan of Hypocanst, ibid. ibid.
  • Roman Altars, &c. ibid
  • Views and Section of the Roman Wall ibid

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