VPon petition to his Majesty of great abuses and deceipts practised in corrupt mingling, 13 Iacobi the first petition referred by the King to his learned Councel. Their Certificate of the abuse desi­red to bee refor­med, with con­sent to pay the fee. working, and venting of Sea-coales at and neere Newcastle, Sunderland, and Blithe, his Majestie referred the same to the examination of his then learned Councell.

They certified the abuses and deceipts to be verified by the Coale-Merchants, Woodmon­gers, and Chandlors of London, who desired reformation thereof by way of Survey, and free­ly consented to pay the Surveyors for such reformation, 4 pence the great Chaldron Newcastle measure, being about 2 pence London measure.

Letters patents 26 Feb. 13 Iacobi, granted.Hereupon his Majesty by his Letters Patents, dat: 26 Febr: 13 Iacobi, for remedy of the said abuses, erected an Office of Survey of Coales, and granted the same to Sir Andrew Boyd Knight.

Oastmen oppose and deny the fact. One third part of base coales mixt and sold with and for the best, and best price, proved. 1. By proofe and decree of the Star chamber 6 Maij, 16 Iacob.The Oastmen of Newcastle opposing the Grant, and denying the matter of fact, the same was by the Lords of the Councell referred to a Legall triall in the Starchamber.

Where accordingly an Information was exhibited against the Oastmen and some Shippers, and there (upon hearing of the cause) it appeared by oath of above twenty witnesses, that the Oastmen of Newcastle (being the Coale-merchants there) did mingle one third part of low prized Coales, of 4 shillings 6 pence, and 5 shillings the Chaldron, with two third parts of their good Coales of 10 shillings 6 pence, and 11 shillings the Chaldron, and sold them so mingled for the best Coales, and at the best price: For which fraud and abuse the Oastmen were (by the decree of that Court, made 6 Maij, 16 Iacobi) censured, fined, and imprisoned, and their abuses ordered to be published by reading of the same Decree two seuerall market dayes at Newcastle, and the Shippers then also defendants were admonished not to use such fraud thereafter.

By order of the Lords of the Coū ­cell 1 Aug: 20 Iac. Surveyors sent to NewcastleThe said Patent by consent being afterwards re-called, and the new Grant made and passed unto the Duke of Richmond and Lenox, but not under the great Seale, by reason of the op­positions of the Oastmen and their Confederates, (who to maintaine their abuses and unjust gaine thereby were the sole opposers) and thereupon the abuses still remaining, and complaints thereof being made to his Majesty and the Lords of the Councell, by Shippers that brought Coales, Woodmongers and Merchants that bought Coales, and Brewers and others that spent Coales, the Lords of the Councell by order 1 Augusti, 20 Iacobi, appointed Surveyors to be presently sent to Newcastle to make survey of the Colyary there, and to prevent the said abuses in what they could, till a further course might be setled.

2 By the Survey­ors returne of a plot and booke of all the coale-pits and abuses then found 9 Ianuar: 20 Iacob.The Surveyors having taken paines therein, did in Ianuary following (by a booke and plot of Survey) certifie their Lordships in particular, the number of Coale-pits good and bad, the particular abuses pactised in mingling of bad Coales with good, and such like; notwithanding, there were sufficient store of Mynes of good Coales to serue all posterity, and at farre lower prices, if the Lords and owners of good Colyaries were not by the Oastmens Charter and Monopoly debarred from venting their Coales to Ships and Shippers in and by the River of Tyne, and Port of Newcastle.

3. By the Ship­pers letters & pe­titiō to the Board in March 1623, and their Lord­ships letters 15 April, 1623. XXV Marcij, 21 Iacobi, the Shipmasters then being in the Port of Newcastle, by their Let­ters complained to their Owners of London, Alborough, Harwich, Ipswich, Woodbridge, Col­chester, and other Townes, and their owners to the Lords of the Councell, That the said Oast­men, their agents and servants, did then debarre them of a free market, and of their accustomed over-measure, and did and would inforce them to lade one third part of unsaleable Coales, not fitting their Markets. Whereupon their Lordships wrote their Honourable Letters to New­castle, 15 April following, commanding the Market there to be opened, and that some should be sent vp to attend the Honourable Board, and to answer the Complaint.

[Page] What quantity of coales are given and never en­tered by the Oastmen & Ship­pers confession, & why.The Oastmen 7 Maij 1623, answering in writing, alledged to their Lordships, that they (by the covetousnesse of the Shippers had beene forced to giue away 12, 16, and sometimes 20 Chaldrons in a Ships lading, and two Chaldrons in a Keeles lading of 9 or 10 Chaldrons bur­then. The owners of Ships in their replication thereunto in writing, shewed that such quan­tities of gift-coales were allowed in respect of the basenesse and deceitfull mixture of the Coales vpon that allowance taken and vented. [...].

Inferences from the premisses.Vpon due examination of many particulars herein, it was demonstrated to their Lordships, and may appeare as followeth.

1. Oastmen doe gain by their mix­ture one sixt part of their whole price, viz. 1400 l. per annum there. And the spending buyers lose above twice so much, and the reasons why, and manner how.First, That a third part of low prized Coales being mingled with two third parts of good Coales, and sold for the full price of good Coales, doe cost above one sixt part of the prices being sold apart: as for example; Two Chaldrons at 10 shillings per Chaldron, and one chal­dron at 5 shillings, comming but to 25 shillings apart, are sold (being mingled) for 10 shillings the Chaldron round, viz: for 30 shillings, and being sold for 10 shillings 6 pence, or 11 shillings the Chaldron, the losse is more to the buyer: This sixt part or above (they venting yearly one hundred and threescore thousand Chaldrons, or sixteene thousand Tennes, as the Oastmen confess in their said answer, which at 10 shillings 6 pence yeeld them fourscore and foure thou­sand pounds) bring in by this fraud to the Oastmen fourteene thousand pounds per annum un­just gaines: And the Newcastle measure being almost double to London measure, and the prices also increasing, the subjects losse is at the least thirty thousand pounds per annum to the buyers and spenders of coales, besides the making of them oftentimes unserviceable by such mingling and fraud.

2. The Kings loss of custome by the fraudulent pac­king of the Oast­men and Shippers to vēt base coales. The subject much wronged by slate, stone, &c. passing amongst coales, which the Sur­veyors doe reme­die, and the bene­fit thereof.Secondly, That by the Oastmen and Shippers thus combining and masking their fraud un­der pretence of over-measure and gift-coales, the King is deceived in his Customes: which abuses and wrongs both to King and subject, so much and so continually petitioned against, hath beene cause of the expence of much money, and of great paines and labour taken by the prosecutors for reformation, as is herein specified.

Besides the prevention of the foresaid losses by mixture, to King and subject, it is by expe­rience found and certified, that by the paines and care of the Surveyors in looking to the workes and workmen, slate, stone, mettall, and unfuellable stuffe, is and may be separated and wealed out of the Coales, which formerly have passed unseparated, and beene sold in and with the Coales for ten or twelue thousand pounds per annum, though worth nothing of them­selves: for since the Surveyors appointed by the Lords, 1 Augusti, 20 Iacobi, above 8000 Chaldrons of slate-stone and unsaleable stuffe per annum more then formerly have beene wea­led out of Coales by their care and authority given them, being but a few men. And also since the Patentee hath placed and imployed a competent number of officers for that service, like unfuellable stuffe hath beene wealed out of the coales there, to at least a double proportion of what the Surveyors appointed by the Board had formerly caused to be cast out as aforesaid.

What base pan-coale-pits have beene layd in frō work by the Sur­veyors vigilancy since Aug: 1622, and the preventi­on of deceiptfull mixture thereby.And further, touching the prevention of mixture of base and good Coales by the service of the said Surveyors appointed by the Honourable Board, it shall be made cleere to this honou­rable House, that at the time of the said Surveyors comming to Newcastle in September 1622, there were 42 base pan Coale-pits working, and lately laid in from worke, and now when the Patentee came downe in Ianuary last, there were but about 12 base pan coale-pits in worke, all the rest being then laid in from worke, which whether they may and will be set on worke againe, if there shall not be officers continued for prevention, is humbly left to examination and the grave consideration of this Honourable House, the small or rather no reformation cau­sed by the foresaid censure and command of the high Court of Star-chamber being duly considered.

How much the Oastmen and ma­sters of ships have improved their e­states by this fraud.All which abuses are the greater, in regard they are in a commodity so common and usefull, that people cannot live without the same. And the Oastmen have so inriched themselves by such abuses, and not by the true gaines of their profession, that some of them are growne to be worth 20000 pound, some 30000 pound, and some 40000 pound, as by depositions & the said Decree appeareth. Shipmasters likewise combining with them, make such gaine by this fraud, as in one yeares trading of servants to their owners, they become part owners of one eight, one fourth, or one halfe of their Ship, as was avouched lately by Newcastle men.

The Surveyors fee but competēt.And as touching the Officers fee, it is but competent and proportionable to the charge layd out for discouering, and which is and must be laid out for reformation of the abuses, as may appeare. For the whole vent of Coales yearly made in and by the Port of Newcastle, accor­ding to the Oastmens foresaid answer being about sixteene thousand tens, or one hundred and [Page] 60. thousand Chaldrons, for which the fee of 4 pence the Chaldron amounteth to about two thousand and six hundred pounds yearly. What the fee is of 4 pence the chal­drō for the whole vent, what to the Surveyors.Strangers are excepted from payment of the said fee. The whole profit then which in any probability can by true calculation be conceiued year­ly to come to the Surveyors, cannot be above two thousand, or one and twenty hundred pounds per annū at the vttermost; which summe is not the tenth part of what the Oastmen make by their deceipts, and not a twentieth part of what the Common-wealth shall gaine by the reformation.

42 officers im­ploied in the exe­cution of the of­fice, whose wages amounts to 1300 pound per annum. Money formerly spent in this busi­nesse by the pro­secutors of the re­formation, five thousand pound & what surplusage may remaine for the Grantees, the office and debts being discharged. After many peti­tions, propositiōs, and offers, made by complaynants and hearings ta­ken of all parties, what course the Lords of the Coū ­cell advised & set downe, and with what cautions, li­mitations, and re­servations.The execution of the office will require 42 persons at least, most of them of good quality and trust, to be attendant respectiuely upon their places of charge at the cole-pits, on the wharfs and water, at the salt-pannes and on Ship-board, at all tides and times of working and cariage, or lading of Coales, by night or by day, on land or water, who cannot be well maintained under 1300 pound per annum, and without the said officers, true reformation cannot be made.

The money spent in the discovery of the abuses, suits of Law, touching the same against the Oastmen, who all this time opposed by practices the reformation justly desired, and maintai­ning men in that service of Survey for a long time by direction of the Lords of the Privy Councel, upon their Lordships order that recompence should be given, hath cost 5000 pounds at least, which how the benefit of the whole fee above the charge of the officers imployed will satisfie, and with what remainder for the Kings intended bounty to the Grantee, is humbly left to consideration. No benefit having beene made, nor fee received by the prosecutors or officers imployed for the service and expences aforesaid, since the beginning of this sure, which was above eight yeares sithence, save onely 7 shillings.

The Lords of the Councell upon many petitions, propositions, and offers, made under the hands of severall Companies in London, and other Coast townes traders in Coales, and many hearings of all parties, and divers reports upon references to Honourable Committees of the same Board, finding the greatnesse of the abuses and necessity of reformation, and the com­plainants in this case offering to lay the charge of the officers fee upon themselves and such like buyers, without charging the subject in generall; as also in the behalfe of the towne of New­castle, Master Warmouth their Solicitor, willingly consenting to any course for reformation of the said abuses, did by order of that Honourable Board confirme the said former course of Surveyors as most fitting: adding thereunto a caution for restraint of mingling good and base coales after they came from Newcastle, which the Surveyors by officers and wayters to be kept and attendant at London, also will see there performed. And likewise that the Surveyors shall make good the Merchants dammages for Coales mis-certified: And that for want of due exe­cution or abuses of survey the Office should be voyd.

A reference to the Kings learned Councell, & their Certificate.After all which, upon some exceptions made, and referred to the Kings now Atturney and Solicitor generall, and upon their examination thereof, and direction therein by their Certi­ficate of what they did hold fitting both for the King and subject in that case.

The Kings Grant made according­ly.The same Office by Letters Patents bearing date the twentieth day of September 1623, was accordingly passed to the late Duke of Richmond and Lenox, and to such Patentees as his Lordship did nominate; the other Letters Patents thereof being surrendred and made void.

The Grant con­ceived to be good and the fee well raised: and that it is no imposition.It is conceived, That the same Grant is good, the Office well erected, and the Fee well rai­sed, and that the same Fee is no Imposition contrary to the Law, since great profit by the Offi­cers attendance ariseth to the Common wealth: In which case it is reason the Officers should haue quid pro quo, somewhat for their paines. Besides, it is by consent of the greatest traders in and spenders of Sea-coales, and their voluntary offer not to charge it againe upon the sub­ject buying by retaile.

A conclusive in­ferēce & humble submission of and in the premisses.And therefore this Patent being thus made for the good, and at the sute and offer of the sub­jects grieved for the suppressing of so great abuses, whereby such benefit will grow both to King and Subject, as aforesaid, and the Merchandize and commodity of Coales being bettered and advanced thereby, and Coales becomming more serviceable and ge­nerally usefull for all mens provision of Fuell, whether trade and traffique therein, and thereupon, the Shipping and Navigators of this Kingdome will be increased or no, and wood preserved; and whether the Patent in respect of the premises be fit to be maintai­ned and ratified or no, It is humbly submitted to the consideration and great wisedome of this Honourable House.

All the particulars herein, and inferences thereupon, shall appeare by proofes, and cleare demonstrations out of the same.