TO His Highness OLIVER Lord Protector of the Comon-wealth of England Scotland and Jreland The humble Petition of Sir Job Harby Knight Humbly Sheweth THat Letters Pattents were made upon Sea-coales exported out of England Sunderland and Wales bearing date 11.th Aprill 13. yeare of the late King giving directions for the Collection of Foure shillings on each Chaldron that should bee exported after the date of the said Letters Pattents that the said Impost by Indenture dated 2. July 1634. Was demised unto your Petitioner and others for their owne proper Uses it being without prejudice to the English Nation which said Graunt was confirmed to your Petitioner for XXXI yeares to come upon the Consideration following your Petitioner for his share having payed 9000. pounds and for the first 7. Years rent of 100. l. yearly to be payd to the Crown and 500. l. per Annum untill the end of the Graunt and this likewise under the broad Seale of England for the uses aforesaid which said Rent was payd into the Exchequer so â—ong as enjoyed by your Petitioner the Graunt was never found grievous but confirmed by the late Parliament in the â—ooke of Rates howbeit your Petitioner hath been deprived hereof ever since the yeare 1642. when the Earle of Newcastle held that Towne nor could hee ever since be restored to his just Right Sir Arthur Haslerigge having gotten the same into his possession upon which said Impositions there hath been received neare 20. Thousand pounds by what Power or Right is unknowne to your Petitioner The Premisses considered your Petitioner humbly prayeth that a Committee bee appointed to call those persons to an Accompt for the Twenty thousand pounds received by them and in particuler Sir Arthur Haslerigge for those great summes of Money he hath taken out of the said Collection and that hee and they may shew by what Order they received the same your Petitioner being alwayes well affected to the Parliament and as a testimony thereof advanced voluntarily on the Propositions and City Scale the sum of Three thousand pounds And your Petitioner further prayeth that by the goodness and justice of your Highness hee may according to Law and Equity re-enjoy the benefit of the aforementioned Graunt purchased by him as aforesaid unto the full end and expiration of his Lease paying the Rent reserved to the State And hee shall ever pray The first Reference HIs Highness doth direct that the Committee for Inspection doe take into consideration this Petition and examine the Allegations thereof and report how they find the matter of fact with their opinion to his Highness and the Councell 23 Febr. 1653. JOHN THVRLOE By the Commissioners by Ordinance from his Highness the Lord Protector and his Committee for Inspecting the Treasuries April 28. 1654. IN pursuance of a Reference from his Highness the Lord Protector dated 23. Febr. 1653. upon the Petition of Sir Iob Harby Knight Wee doe humbly certifie that we doe find by Letters Pattents 11. Aprill in the 10 th yeare of the raigne of the late King there was an Imposit on of 4. s. the Chaldron on Sea-Coales exported which said Imposition was confirmed by act of Parliament in the book of Rates and by the said Letters Pattents Iob Harby Esquire was made Collector of the said Imposition and by Letters Pattents dated Iuly 2. in the 10. yeare of the raigne of the late King the said Imposition of 4. s. the Chaldron on Sea-coales exported was granted Henry Lucas John White and Iob Harby Esquire for the uses of the Earl of Holland Earl of Dorset Sir Iob Harby Knight upon consideration of services done by the said Earls and of payment of 8612. l. 15. s. 3. d. as by privy Seal dated the last of August in the 10. year of the raigne of the late K. doth appear and according to the said Letters Pattents the rent resetved therein was payd into the Exchequer by Sir Iob Harby and others till 23. Octob. in the 20. yeare of the raigne of the late King as by Affidavit of William Day of London Marchant doth appeare we doe further find that the said Sir Job Harby hath not received any part of the profits arising on the said Imposition from 29. Iuly 1642. to this present time there being in the yeare 1642. received by Order from the Earle of Newcastle and after the delivery of the said Towne to the Scots to this time received by Mr. Dawson of Newcastle who hath payd the same to the Scots and Sir Arthur Haslerigge as by Certificate under the hand of Thomas Palmer dated Aprill 10 th 1654. doth appeare We doe humbly offer as our opinion that it is just that the said Sir Iob Harby should be satisfied for his said part of 4. s. the Chaldron received on Coales exported since the yeare 1642. and the said Sir Iob Harby to be admitted to collect the said 4. s. the Chaldron for the future and to receive the third part thereof for his owne use durinn the terme of yeares granted by by the said Letters Pattents yet unexpired Geo Bennet Wil Roberts Edw. Cresset Wil Coffe Exam. Tho. Smiths by Secret Dated 28. April 1654. A Second Reference HIs Highness having considered this Report referres it back to the said Committees to examine by what Order and direction Mr. Dawson of Newcastle received and paid the duty of 4. s. upon the Chaldron of Coales to the Scots and Sir Arthur Haslerigge and that they likewise consider what Orders Ordinances or Acts of Parliament have been made by the Parliament or Committee of the Revenue concerning the said Duty and upon Certificate thereof to his Highness hee will be pleased to give such further direction thereupon as shall be just JOHN THVRLOE Mr. SCOBELS Certificate Die Martis 9. Febr. 1646. ORdered by the Lords and Commons in Parliament assembled That the Imposition of 4. s. a Chaldron upon Sea-Coales be continued till the Five and twentieth day of March next Die Martis 11. Septemb. 1649. REsolved upon the Question of the Commons assembled in Parliament That the Imposition of 4. s. upon the Chaldron of Coales formerly taken at Newcastle be taken off and shall not henceforth be payed Upon Search made in the Iournall bookes I find no Ordinance nor Order other then this touching any Imposition on Coales HEN. SCOBEL Clerk of the Parliament By the Commissioners by Ordinance from his Highness the Lord Protector and his Councell for Inspecting the Treasuries Septemb. 21. 1654. IN pursuance of a Reference from his Highness the Lord Protector dated 3. of August 1654. Ordered THat Mr. George Dawson Collector of the Customes and Impositions on Coales at Newcastle doe Certifie unto Us by 3. October next ensuing What Monies he hath received since the time of his being first Collector upon that Accompt as also how the 11. Shillings foure pence now payd on each Chaldron doth arise whether upon a joynt or severall Accompt or whether the 4. s. on the Chaldron formerly
received by Thomas Palmer in the yeare 1642. or before bee not included in the said 11. Shillings 4. d. and also whether any other 4. s. the Chaldron above the said 11. Shillings and 4. pence have been since the yeare 1642. or before received by himselfe or any other in the Port of Newcastle If so received upon what Accompt and since he hath not been so long Collector what he cannot Certifie upon his owne knowledge hee is desired to doc by the best Information he can obtaine from others George Bennet William Roberts Edward Cresset Exam. Thomas Smithsby Secretary Mr. Dawsons Certificate In Obedience to an Order of the Honourable Commissioners for Inspecting the Treasuries dated 21. September 1654. THese are to Certifie that I cannot in so short a time as before the 3. of October next give an Accompt what Monies have been received by me for Custome of Coales since the time of my being first Collector but if longer time be granted me I shall observe Orders so much as in me lyes J doe not observe by the present booke of Rates which is the Rule whereby J doe collect the 11. Shillings and 4. pence the Chaldron on Sea-coales exported that it hath any other name then Subsidy and so by the name of Subsidy or Custome I have from the 2. day of December 1644. and doe still continue receiving the same under that name of Custome and not as Imposition I cannot of mine owne knowledge Certifie more then the booke of Rates holds forth how the said 11. s. 4. d. doth arise but by credible persons in Newcastle I am informed that before the present booke of Rates came forth there was Collected in Newcastle for Coales exported an Imposition of 6. s. 8. d. the Chaldron by the Deputy of Sir John Trevor c. and an Imposition of 4. s. the Chaldron by the Deputy of Sir Job Harby and at that time also the Farmers of the Customes their Deputy did Collect 8. d. the Chaldron as custome There hath been since Nevember 1644. divers Imposts laid upon Coales Shipt out of the Port of Newcastle but they were layd on first by the English and Scots Commissioners that came in with the Scots Army and confirmed by the then Parliament and taken off by them at the Scots Armies returne for Scotland also there was an Impost for 4. s. per Chaldron layd on by Sir Arthur Haslerigge and the Committee for the Militia in these parts in the yeare 1648. for the maintenance of the Garrison of Tinmouth and Newcastle in time when supply came not from the Committee for the Army which was also approved on by the Parliament and taken off by them in September 1649. Of all which there hath been Accompts rendred and discharges accordingly given I doe not know nor have heard of any other 4. s. per Chaldron that hath been Collected Newcastle eyther before or since the yeare 1642. then what is above expressed Dated Custome-house Newcastle September 30. 1654. George Dawson Collector Second Report By the Commissioners by Ordinance from his Highness the Lord Protector and his Councell for Inspecting the Treasuries Octob. 3. 1654. IN pursuance of a Referrence from his Highness the Lord Protector dated August 3. 1654. upon the Petition of Sir Iob Harby Knight We doe humbly Certifie that we doe find by Letters Pattents dated April 11 th in the tenth yeare of the late King there was an Imposition of 4. s. the Chaldron of Sea-coales exported which said Imposition was confirmed by Act of Parliament in the booke of Rates and by the said Letter Pattents Iob Harby Esquire was made Collector of the said Imposition And by Letters Pattents dated Iuly 2. in the tenth yeare of the late King the said Imposition of 4. s. the Chaldron on Sea-Coales exported was granted to Henry Lucas Iohn White and Iob Harby Esquire for the Uses of the Earle of Holland Earle of Dorset and Sir Iob Harby Knight upon consideration of Services done by the said Earles and of payment of Eight thousand six hundred and twelve pounds fifteene shillings and three-pence by Sir Job Harby as by privie Seale dated last of August the 10. yeare of the late King doth appeare and according to the said Letters Pattents the rent reserved therein was payd into the Exchequer by Sir Job Harby and others till the 23. of October in the 20. yeare of the late King as by Affidavit of William Day of London Marchant doth appeare we doe further find that the said Sir Job Harby hath not received any part of the profits arising on the said Imposition from the 29. Iuly 1642. they being received by Order from the Earle of Newcastle and after the delivery of the Towne of Newcastle payd to the Scots and ever since that time Mr. George Dawson hath received according to the booke of Races established by Parliament the summe of 11. Shil 4. pence upon each Chaldron in which the Imposition of 4. s. the Chaldron for Coales exported belonging to Sir Iob Harby is included the 11. s. 4. d. arising as followeth 8. d. Customes received by the Farmers of the Customes 6. s. 8. d. by the Deputy of Sir John Trevor and 4. s. by the Deputy of Sir Job Harby all which appeares by a Certificate under the hand of George Dawson Collector of Newcastle dated 30 th September 1654. We do further find there was an Imposition of 4. s. the Chaldron layd on by Sir Arthur Haslerigge and the Committee of the Militia for the North for the maintenance of the Garrisons of Tinmouth and Newcastle by Certificate under the hand of Mr. George Dawson dated as aforesaid doth appeare which said Imposition was constituted by order of Parliament dated 9 th February 1646. but by an Order of Parliament dated September 11 th 1649. repealed as doth appeare by a Certificate under the hand of Mr. Scobell Wee further find an Order made by the Committee of the Revenue dated 10 th August 1649. Requiring Sir Iob Harby to give an Accompt to Auditor Collins what Monies hath been received by him thereupon which is all that was transacted by the said Committee relating to the said Imposition as by Certificate under the hand of Mr. Cousins doth appeare Upon Examination of the whole matter wee humbly offer as our Opinions that it is just That the said Sir Iob Harby should be satisfied for his Third part of 4. s. the Chaldron received on Sea-coales exported since the yeare 1642. and the said Sir Iob Harby to bee admitted to Collect the said 4. s. on the Chaldron for the future and to receive the Third part thereof for his owne use during the terme of yeares granted by the said Letters Patterns yet unexpired George Bennet William Roberts Edw. Cresset Exam. Tho Smithsby Secretary The last Reference HIs Highness upon Consideration of this Report desires the Advice of his Councell thereupon and to that end referres it to their Consideration JOHN THVRLOE Thursday 10.th February
in the said Demize reserved and that a Committee may be appointed to call those person to an Accompt for 20000. l. by them received and in particuler Sir Arthur Haslerigge for the great summers he hath received out of the said Collection The said Petition with certaine Papers annexed being referred to your Lordships by Order of his Highness to state the whole Case as it stands aswell in Reference to the Petitioners claime as to the Imposition of 4. s. the Chaldron for Coales and report the same to the Councell with all convenient speed Upon information to us given wee find that by Letters Pattents dated the 11 th April 10 th Caroli the said late King did charge and command the Customers and Receivers and all Officers and Ministers attending the receipt of Customes that they should cause to be Levied and payd to the use of Him his Heyrs and Successors the summe of 4. s. for every Chaldron of Sea-Cole Pit and Stone-Coale Newcastle measure that should be carried out of England and Wales or the Town of Barwick or Shipped into any parts out of the said Realm in the name of Custome over and above all the Customs Imposts on Coles and other Port duties before that time used to be Collected and payd for such Coles And that security should be given therefore according to the usuall manner in cases of Customes That by Indenture under the Great Scale of England dated 2. Iuly in the 10 th yeare of the said King betweene the said King of the one part and Henry Lucas Iohn White and the Petitioner Iob Harby Esq of the other part reciting the said Letters Pattents and that hee was resolved so Continue the said Imposition upon Coales to him his Heirs and Successors for ever in Consideration of severall yearly Rents reserved in the said Indenture and divers other causes the said King therunto moving did Demize Graunt and to Farme let unto the said Henry Lucas John White and Iob Harby their Excutors and Assignes all and every the said new Customes of 4. s. due and payable or by the said Letters Pattents appointed to be payed or answered unto the said King his Heires and Successors for or in respect of the said Coales for the tearme and space of 31. Yeares from the date of the said recited Letters Pattents to Collect and receive the same by themselves or by their Deputies or every of their Deputies or Substitutes from the Receiver or Collector thereof paying for the first 7. Yeares the summe of 100 l. per annum at Michaelmas and our Lady day or within 40. dayes after by equall portions into the receipt of the Exchequer And during the residue of the 31. years the summe of 500. l. yearly as aforesaid with the severall Covenants on the behalfe of his Majesty his Heirs and Successors for the quite enjoying thereof under the said Rent in case of Interruption as by the said severall Letters Pattents and Indentures under the Great Seale of England produced unto Us did appeare And by an Act of the late Parliament 1648. intituled for the Alteration of severall Names and Formes heretofore in Courts Writs Grants Letters Pattents c. Amongst other things it is enacted as followeth Provided that all Writs c. and all other Commissions Pattents and Graunts made and passed under the Great Scale of England shall stand good and effectuall in Law notwithstanding the death of the King any thing in the said act or any Article therein Contained or any Law Statute or Custom to the Country thereof in any wise notwithstanding And in the Printed booke of Rates and Ordinances of Parliaments touching the same in the yeare 1647. Intituled An Ordinance of the Lords and Commons assembled in Parliament for the establishing of Subsedy of Tonnage and Poundage together with the books of Rates from the 26 th of March 1648. untill the 26 th March 1651. 'T is mentioned as foll c. Coales Vocat Sea-coales Newcastle measure 11. 6. 8. d. Coales Vocat Sea-coales the Chaldron London measure 11. 13. 4. d. Sea-coales of Wales or the West Country which shall be transported into Ireland the Isle of Man or Scotland to pay the Chaldron Water measure 00 1. s. 00. And the Petitioner produced to Us Letters under the Privie Seale of the late King dated the last day of August in the said 10 th yeare of his Raigne reciting the said Letters Pattents of a Lease of the said Imposition upon Coales and mentioning a claime of 3036. l. 7. s. 6. d. as due from the said King unto the said Sir Iob Harby for Goods of that value upon the late breach between the said King and the French seized to the French Kings use And of severall summes due from the said King for fraight of Ships viz 840. l. 2. s. and 736. 5. 9. both which summes a mount unto 1576. l. 7. s. 9. d. And that the said Sir Iob Harby and Clement Harby in Consideration of the said Demize and Graunt made as aforesaid for the said new Customes And as for the said Sir Iob Harby his Third part thereof had by their Deed to 10. Iuly then next before released unto the said King severall Debts And for a further Consideration for the said demize of the said new Customes as to him the said Sir Iob Harby had payed unto the Earle of Portland the Lord Treasurer for the Kings use the sum of 4000. l. It is thereby declared that the said King did accept of the said release in discharge of the said Debts and did accept thereof and of the said 4000. l. in full satisfaction for the said Sir Iob Harby his 3. part of the said new Customes so by his Majesty demized That according to the said Demize the rent reserved therein was payd into the Exchequer by the said Sir Job Harby and others the Leasees untill the 28. of Octob. in the 20. yeare of the late King as appeareth by the Oath of Will Day of London Marchant made before Baron Trevor 23. October 20. Car. R. hereunto annexed That by late Kings Letters and Commands to the then Receiver of the duties payable upon Coales dated the 29 th Iuly in the said yeare 42. And soone after by Letters and Commands from the Earl of Newcastle then being in power in those parts of the North Command was given to the said Receivers that they should forthwith pay unto Sir Alexander Devidson of Newcastle for the Kings use all such Monies as they had received or should receive upon that duty for transportation of Coales into Forraigne parts As by the Originall letter of the late King and under the privie Signet to Us produced appeares and the Copies of other Letters of the said Earle of Newcastle attested and sworne to be true Copies before Mr. Baron Thomlins hereunto annexed may appeare And it appeareth also by the Certificate of Tho. Palmer being Collector of the great Customes at the Port of Newcastle the then Farmers and Commissioners did receive severall Acts of Parliament for Confirmation of the Subsedy of Tunage and Poundage and at that time did receive and pay the said new Impost of 4. s. per Chaldron of Coales exported to the said Sir Iob Harby or his Assignes and did so receive and pay the same untill the 2. Iuly 1642. After which time divers summes of Monies being in the hands of divers Merchants and others for Customes of Coales and Goods The Earl of Newcastle possessing himselfe of the said Towne of Newcastle one John Lake by power from the said Earl of Newcastle as was conceived did receive the said summes of Mony or pare thereof and after the Storming of Newcastle which was about the 18. October 44. and ever since one George Dawson did receive the generall Customes and Subsedy of Tonage and Poundage according to the new booke of Rates where all the duties of Coales exported are placed together and received in One generall summe the said new Impost of 4. s. being part thereof The said Dawson faith that when the Scots and afterwards Sir Arthur Haslerigge had the Command of the said Town he payd divers summes of Money to them for which he tooke their Receipts and did accompt to the Commissioners of the Customes for the same and still doth accompt with them for all summes received by him since And it appeares by a Copie of a Certificate of severall Officers and persons of the Towne of Newcastle sworne also to be a true Copie as aforesaid hereunto annexed That before the new Impost of the 4. s. was imposed on Coales Shipped for Over-seas there was only 8. d. and 6. s. 8. d. payd by the English for a Chaldron of Coales so Shipped And afterwards before the year 1642. Mr. Thomas Palmer did at Newcastle first receive the said 4. s. per Chaldron for Coales then imposed and then the said severall summes of 8. d. 6. s. 8. d. and 4. s. were then received by severall persons severally it being in all 11. s. 4. d. the Chaldron and that of lare Mr. George Dawson the now Collector of the Customes of Newcastle doth receive the said summes of 11. s. 4. d. the Chaldron in one summe altogether dated the 24. Iune 1658. Peter Breerton Tho Manby