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B03756 To his highness Oliver Lord Protector of the Comon-wealth [sic] of England, Scotland, and Ireland. The humble petition of Sir Job Harby knight. Harby, Job, Sir.; England and Wales. Lord Protector (1653-1658 : O. Cromwell) 1658 (1658) Wing H681; ESTC R177897 10,313 20

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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