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A39067 Expedients proposed for the easing and advantaging the coal-trade and lessning the price of coals in London, and other places, &c. Starling, Samuel, Sir, d. 1674. 1670 (1670) Wing E3877A; ESTC R221514 5,814 4

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other And the Ballast is cast out upon as cheap and easie terms from some of the other Shores already erected as it can possibly be from the place designed for a Shore Besides the Charges for Lighters to bring down Coals to Ships lying at Jarrowslike will be greater than the Rates are at the other Shores already erected upon the River And Lighters which bring Coals to the Ships riding at Jarrowslike will not be able in great Westerly Winds which often happen to go up again to fetch more Coals to Load the Ships there although from the other Shores they may go up notwithstanding the greatness of the Wind. And in truth this is but a design for some particular Mens Interest upon pretence of Publick good which they have long endeavored by several means to effect at the Council Board and at Law but could not prevail Records and other Evidence to Prove the last Particulars above-mentioned THe King Grants and Confirms to the Town of Newcastle with its Appurtenances to the same belonging by the Name of the Good Men of Newcastle 14. Job Reg. all their Liberties and Customes c. which they used in the time of King Henry his Father and the Town payes per annum 100 l. Fee-Farm-Rent to the Crown That Sir Robert de Vessey and his Companions 3 Hen. 3. Justices Itinerant gave Judgment for the Town of Newcastle against the Prior of Tinmouth whose Lands did joyn upon the River of Tyne at North Sheilds which said Prior had Invaded the Towns Rights and Priviledges by Building Houses Wharfes c. between High and Low Water-Mark and within the extent of Sparrow-hawk within the Sea and Hedwin Streams whereupon the said Prior by Judgment of the said Sir Robert de Vessey and the other Justices was Prohibited from thenceforth to Build Houses or Erect Wharfes in the place called Sheilds to the Nuisance of the Town of Newcastle upon Tyne nor should permit Homines suos there remaining to Bake Bread or Brew Beer to sell or make any other Merchandize by which the said Burrough should be damnified A Commission Issued forth to Inquire what Merchandize 25 Hen. 6. Victuals or other things were sold-elsewhere within the said River of Tyne then at the Port of Newcastle and to Inquire after other Nuisances near the Town of Newcastle or the Port thereof made by Land or by Sea whereupon it was found by Inquisition that the Burgesses of the said Town time out of the memory of Man held the said Town of Newcastle with the Water of Tyne to the full Sea-Mark from Sparrow-hawk in the Sea to Hedwin-Streams as Parcel of the said Town in Fee-Farm and do farther find that none ought elsewhere out of the said Town and Liberties of the same in any part betwixt the said Town and the High-Sea adjacent to the said River with Ships or other Vessels whatsoever to Load or Unload without License of the said Mayor and Burgesses for the time being and not out of the said Town any Market to make or exercise Sheilds Ships or Shambles for Wares or other things to be sold nor to Bake Bread to be sold nor to Brew Ale nor Beer to Sell for that the said Premises have been held done and had time out of the Memory of Man at Newcastle It is Enacted that no person or persons shall Ship Load or unload any Goods to be sold into 21 Hen. 8. or from any Ship at any place within the said River of Tyne between Sparrowhawk and Hedwin-Streams but only at the said Town of Newcastle It is likewise Enacted that none shall cast out of any Ship or Vessel within any Port or Haven 34 Hen. 8. any Ballast or Rubbish but only upon the Land above the full Sea-Mark upon the pain and forfeiture therein expressed And time out of mind the Mayor and Burgesses of Newcastle have had a Court of Record every Monday to be kept within the Town and that Court Inquires of all Nusances within the Port and determines thereof according to Law and punisheth Delinquents according to their demerit and makes Ordinances for the good of the said River and the said Town is obliged at their Charge to Cleanse the River Weigh up Wrecks and to prevent all Breaches into the same to the end the River may be kept Navigable for Ships to go up to the Town The Queen Grants the Town of Newcastle the same Priviledges and Liberties 31 Eliz. which they had by any other Grant of her Predecessors and Grants the same Circuit Precinct and Jurisdiction to the said Town so far as it extends it self by Meets and Bounds tam per terram quam per aquam extending from the Sparrow-hawk in the Sea to Hedwin Streams That in Michaelmass Terme 2 Car. 1. 2 Car. 1. upon the Town 's Complaint in the Exchequer Chamber against Anthony Errington for erecting of Buildings upon the River Tyne within the Flood Mark of the said River between Sparrow-hawk and Hedwin-Streams a Decree did pass against the said Errington and the Conservancie of the River is Allowed and Admitted to be in the Town In Easter-Term̄e the Town complaining of one Humphrey Johnson 5 Car. 1. for unlawful keeping a Common Brewhouse at North Sheilds adjoyning to the said River on the Shore thereof betwixt Sparrow-hawk and Hedwin-Streams and for Brewing and selling Beer and Ale in Gross and by Retail it was Ordered Adjudged and Decreed that the said Brewhouse should be suppressed A Quo Warranto was brought by the Kings Attorney-General against the Town and 5 Car. 1 in their Plea thereunto they Claimed the Priviledge at their Liberty to Erect apt and fit Wharfes for the receiving and reteining the Ballast Gravel and Sand cast out and to be cast out of the Ships being in the aforesaid Haven and were bound to maintain these Wharfes and to make new Wharfes in the said River and that no private Person make gain thereof or for any other Cause whatsoever should Erect or have any Wharfe of this nature or kind in the said Town or in the Haven aforesaid Upon this after long Debate and great Deliberation by the Court of Kings Bench Judgment was given That the said Town should enjoy their said Priviledges and Liberties Upon a Petition to the King in Council by the same persons who now Promote the Design Anno 1668. to make Jarrow-Slike a Ballast-shore for their private Gain there were several Hearings before the King in Council and after long Debate and mature Deliberation they were Dismissed to the Common Law Whereupon the Cause came afterwards to be Tryed by a Buckinghamshire-Jury at the Exchequer-Bar before the Lord Chief Baron Hale and the rest of the Barons of that Court but after five houres Hearing the Verdict went for the Town of Newcastle whereby the Town 's Prescription for the Sole Building of Ballast-shores was found The Promoters of this Design not resting satisfied with that Verdict and Judgment Petitioned the King in Council again and obtained an Order of Reference to the Lord Mayor and Court of Aldermen and to the Masters of the Trinity-House London to Examine the Matters contain'd in that Petition concerning the Building of a Ballast-shore upon Jarrow-Slike and after Hearing of Council on both sides and producing the several Certificates by the Trinity-House of London and Newcastle and hearing Witnesses Viva voce the Lord Mayor and Court of Aldermen made this ensuing Report unto the King viz. To the Kings Most Excellent MAJESTY WE the Lord Mayor and Aldermen of the City of London in pursuance of an Order of Your Majesty in Council of the 5th of August last past made upon the Petition of Sir Charles Adderly Knight and John Crooke Esquire touching a Ballast-Shore intended by them to be erected at Jarrow-Slike near South-Sheelds in the County Palatine of Durham whereby we and the Masters of the Trinity-House are required severally to consider of the Petitioners Allegations and to Report to Your Majesty in Council what advantage and conveniency may accrew to the Publick by erecting the said Ballast-shore Do humbly certifie that we have taken into serious consideration the said several Allegations mentioned in Your Majesties said Order which are That this intended Ballast-shore tends greatly to the Advance of Trade Security of Shipping Preservation of the River of Tyne and Mens lives And that Newcastle it self by the increase of Trade will be much advantaged thereby and have heard as well what was thought fit to be offered by those Gentlemen concerned who appeared for it as by divers Gentlemen of Newcastle and their Counsell Learned who appeared against it And upon the Whole Matter nothing was made out before us in Proofe or Evidence of the said Allegations but on the contrary it appeared to us by what was Offered and Demonstrated by those of Newcastle and by the Testimony of divers Able and Antient Ship-Masters and other Persons Vnconcerned That the Erecting of a Ballast-shore as is Designed at Jarrow-Slike would prove Destructive to Trade in General Dangerous both to Shipping and Mens Lives To the Inhauncing of the Price of Sea-Coales To the Obstruction and Choaking of the River of Tyne Exceedingly Mischievous to the Barr of Tinmoth-Haven And Manifestly to the Decrease of the Trade and Damage of the Town of Newcastle The better Judgment and Consideration whereof is humbly submitted to Your Majesties Great Wisdom by YOUR MAJESTIES Octob. 27. 1670. Most Humble and Most Obedient Subjects and Servants Samuel Starling Mayor Rich. Cheverton John Lawrence William Peake Rich. Rives George Waterman Robert Hanson William Hooker Joseph Sheldon Tho. Davis Fran. Chaplin James Edwards Dan. Forth J. Ward Jonathan Dawes