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A55533 A discovery of indirect practices in the coal-trade, or A detection of the pernicious maxims and unfair dealings of a certain combination of men, who affirm, it is a cheat to be just, and just to cheat To which are added some proposals for the improvement of trade and navigation in general, and of the colliery-trade to New Castle in particular. By Charles Povey. Povey, Charles, 1652?-1743. 1700 (1700) Wing P3040; ESTC R212936 31,768 49

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appear before my Lord Mayor which I did accordingly Whereupon the Farrier and G-'s Son-in-Law gave their Oaths That there wanted a Peck and half My Lord Reply'd That Coals would waste in the Measuring and there might be some Spilt out of the Sacks by the Way This prudent Answer could not Appease their Wrath but they would needs have me bound over to the next Sessions so that in less than the space of forty eight Hours the News was spread abroad throughout the greatest Part of the City and Suburbs That they had twenty Indictments against me and they would not be in my Condition for a hundred Pounds Thus being oblig'd to vindicate my Reputation after to many invidious Reflections and scandulous Aspersions had been cast upon me I resolv'd to joyn Issue with them and to stand the Tryal which came on accordingly on the thirteenth Day of May One thousand and seven hundred The Substance of the Tryal was as follows being carefully taken in Short-hand THE King's Counsel My Lord I am of Counsel for the King in this Cause this Person Charles Povey stands Indicted for selling a Load of Coals less than Measure and we shall prove to you that in a Load of Coals there was a Peck and a half less than Measure and to prove it we will call our Witnesses Witnesses Sworn Mr. Sergeant Pray give an Account what you know of Coals that Mr. Povey sold you Witness He sold me a Load of Coals and there wanted a Peck and half of Measure Mr. C. Who Measur'd them Wit This Man Mr. D. Mr. Povey's Counsel Did you buy any Coals of him ever before Wit No. Mr. C. Did you Measure these Coals Wit Yes my Lord. Mr. C. You are one of the Sworn Measurers are you not Wit Yes my Lord. Mr. C. How much did there want of Measure Wit There wanted a Peck and half Mr. R. Did you Measure the Coals out of the Sacks Wit No Sir Question How did you Measure them Wit We had a Bushel and a Man with us and we threw them down in an heap and Measur'd them and there wanted a Peck and half Mr. D. Have you not watch'd Mr. Povey's Coals before now Wit Yes Sir Quest Did you not Measure them at one Mr. Clayton's in Chiswet street Wit Yes Sir Quest How did they hold out there Wit Half a Bashel more than Measure Quest Did you ever Measure any Coals of Mr. Povey's at any other Place that there wanted Measure Wit No. Mr. D. No Indictment of this Nature has been preferr'd here before nor ought to be preferr'd upon the Reading of Mr. Povey's Paper for the felling of Coals which is the true reason of this Prosecution because Mr. Povey was not bred a Coal-Merchant But in that Place he may Lawfully follow that Trade and he having been Industrious has found out a Way whereby he can assord to make better Measure than others can do and does so as appears by what the Evidence says For at Mr. Clayton's they held out half a Bushel above the true Measure Now Gentlemen as to what is pretended in this Case the want of Measure there is but a Peck and half in a Load which is very inconsiderable and such a quantity may easily be lost in Carrying from Mr. Povey's to that Man's House in Bishopsgate-street no doubt but Coals will shed in Carrying Mr. C. Not out of the Sacks Mr. D. Some of them will I hope the Jury will observe That Coals will shake out and if you Shoot them on the Ground and Measure them afterwards they will not hold full Measure Now if there be such an inconsiderable Difference no one can believe there was any Design to Cheat but that so small a quantity might be lost in Carrying and scatter'd upon the Ground after they were thrown out of the Sacks But Sir We shall prove to you by the Bushel which we have here That there Coals were fairly Measur'd by a Bushel which agrees with the Standard We will prove to you That this was his Order to his Servants constantly to give good Measure And if he did that if his Servants did at any time by mistake do that which was contrary to his Order the Master cannot help that But indeed this was a Trick and they had a mind to try if they could catch him faulty and I am glad they could do it in no greater a matter than in three Penny worth of Coals He says he has Measur'd them at other times and then they were over-Measure Some must be lost in Shooting out did not you demand some Winking mony of Mr. Povey We think we ought not to pay you more than your due Wit Not so much as our due as we have of other People John Lucas Edward Oliver and John Snow call'd and Sworn Mr. D. Do you live with Mr. Povey Wit Yes Mr. D. Do you remember the Coals carry'd to that Man Wit John Lucas Yes Mr. D. Were they good Measure Wit Yes Sir Quest Did you see them Measur'd Wit Yes Sir Quest Where is the Bushel they were Measur'd by Wit It is here Quest Is it a Seal'd Bushel Wit Yes Quest And for Coals Wit Yes Sir and we have no other Quest Have you Measur'd it by the Standard Wit Yes Sir Quest And is it full Measure by the Standard Wit Yes it is Quest Were the Coals Measur'd by that Bushel Wit Yes they were Quest And put into the Sacks so Measur'd Wit Yes and so sent away Quest What Directions did your Master use to give to his Servants Wit He always gave Directions for every one to have his full Measure Quest You have driven this Business a great while have you not Wit Yes I have a great while Mr. M. Then suppose a Load of Coals be Measur'd and put into the Sacks and Shot out upon the ground will they hold their first Measure afterwards Wit No they will not Quest Why Wit There is loss in Carrying and Measuring Quest How in Measuring Wit Some have not so much judgment as others have some will Play the Knave and some do not understand the Measuring of them Quest Were these Coals Measur'd honestly Wit Yes upon my Oath they were Mr. M. Was Mr. Povey there when they were Measur'd Wit No but he was there before Mr. Oliver call'd Mr. M. Were you by when the Coals were Measur'd M. Oliver Yes I was Quest And were they fairly Measur'd Mr. Oliver Yes they were upon my Oath Quest By the proper Bushel Mr. Oliver Yes Quest Have you try'd the Bushel Mr. Oliver Yes Quest Does it hold out full Measure Mr. Oliver Yes and these Coals were Measur'd by that Bushel Quest Were they sent away as they were Measur'd by that Bushel Mr. Oliver Yes Sir Mr. Snow call'd Quest Were you by when the Coals were Measur'd Mr. Snow No Sir Quest Does your Master give Orders to make full Measure Mr Snow He always says give them their full Due Quest Does