REASON'S MOST HUMBLY OFFERED TO THE HONOURABLE House of Commons in Parliament, by Sir Robert Sharpeigh Knight and Alexander Haitley Esquire, Patentees for Survey of Sea-coals at Newcastle, &c. by nomination of the late Duke of Richmond and Lenox, proving the Grant and Patent thereof to be necessary and profitable to the Commonwealth, the Fee to be but competent and proportionable to the charge, and no imposition but a mere wages, or quid pro quo, voluntarily, offered to be paid for the service.  
Upon petition to his Majesty of great abuses and deceits practised in corrupt mingling, 
13 jacobi the first petition referred by the King to his learned Council. Their Certificate of the abuse desired to be reform, with consent to pay the fee.  working, and venting of Sea-coals at and near Newcastle, Sunderland, and Blithe, his Majesty referred the same to the examination of his then learned Council.  
They certified the abuses and deceits 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 Cauldron Newcastle measure, being about 2 pence London measure.  

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

Oastmen oppose and deny the fact. One third part of base coals mixed and sold with and for the best, and best price, proved. 1. By proof and decree of the Star chamber 6 Maij, 16 jacob.  The Oastmen of Newcastle opposing the Grant, and denying the matter of fact, the same was by the Lords of the Council referred to a Legal trial 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 Coals, of 4 shillings 6 pence, and 5 shillings the Cauldron, with two third parts of their good Coals of 10 shillings 6 pence, and 11 shillings the Cauldron, and sold them so mingled for the best Coals, and at the best price: For which fraud and abuse the Oastmen were (by the decree of that Court, made 6 Maij, 16 jacobi) censured, fined, and imprisoned, and their abuses ordered to be published by reading of the same Decree two several market days at Newcastle, and the Shippers then also defendants were admonished not to use such fraud thereafter.  

By order of the Lords of the Council 1 Aug: 20 jac. Surveyors sent to Newcastle  The 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 Seal, by reason of the oppositions of the Oastmen and their Confederates, (who to maintain their abuses and unjust gain thereby were the sole opposers) and thereupon the abuses still remaining, and complaints thereof being made to his Majesty and the Lords of the Council, by Shippers that brought Coals, Woodmongers and Merchants that bought Coals, and Brewers and others that spent Coals, the Lords of the Council by order 1 Augusti, 20 jacobi, 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 settled.  

2 By the Surveyors return of a plot and book of all the coale-pits and abuses than found 9 januar: 20 jacob.  The Surveyors having taken pains therein, did in january following (by a book and plot of Survey) certify their Lordships in particular, the number of Coale-pits good and bad, the particular abuses pactised in mingling of bad Coals with good, and such like; notwithstanding, there were sufficient store of Ours of good Coals to serve all posterity, and at fare lower prices, if the Lords and owners of good Colyaries were not by the Oastmens' Charter and Monopoly debarred from venting their Coals to Ships and Shippers in and by the River of Tyne, and Port of Newcastle.  

3. By the Shippers letters & petition to the Board in March 1623., and their Lordship's letters 15 April, 1623.  XXV Marcijs, 21 jacobi, 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 Towns, and their owners to the Lords of the Council, That the said Oastmen, their agents and servants, did then debar them of a free market, and of their accustomed over-measure, and did and would enforce them to lad one third part of unsaleable Coals, 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 up to attend the Honourable Board, and to answer the Complaint.  

What quantity of coals are given and never entered by the Oastmen & Shippers confession, & why.  The Oastmen 7 Maij 1623., answering in writing, alleged to their Lordships, that they (by the covetousness of the Shippers had been forced to give away 12, 16, and sometimes 20 Cauldrons in a Ships lading, and two Cauldrons in a Keels lading of 9 or 10 Cauldrons burden. The owners of Ships in their replication thereunto in writing, shown that such quantities of gift-coales were allowed in respect of the baseness and deceitful mixture of the Coals upon that allowance taken and vented. 〈…〉.  

Inferences from the premises.  Upon due examination of many particulars herein, it was demonstrated to their Lordships, and may appear as followeth.  

1. Oastmen do gain by their mixture one sixt part of their whole price, viz. 1400 l. per annum there. And the spending buyers loose above twice so much, and the reasons why, and manner how.  First, That a third part of low prized Coals being mingled with two third parts of good Coals, and sold for the full price of good Coals, do cost above one sixt part of the prices being sold apart: as for example; Two Cauldrons at 10 shillings per Cauldron, and one cauldron at 5 shillings, coming but to 25 shillings apart, are sold (being mingled) for 10 shillings the Cauldron round, viz: for 30 shillings, and being sold for 10 shillings 6 pence, or 11 shillings the Cauldron, the loss is more to the buyer: This sixt part or above (they venting yearly one hundred and threescore thousand Cauldrons, or sixteen thousand Tennes, as the Oastmen confess in their said answer, which at 10 shillings 6 pence yield them fourscore and four thousand pounds) bring in by this fraud to the Oastmen fourteen thousand pounds per annum unjust gains: And the Newcastle measure being almost double to London measure, and the prices also increasing, the subjects loss is at the lest thirty thousand pounds per annum to the buyers and spenders of coals, besides the making of them oftentimes unserviceable by such mingling and fraud.  

2. The King's loss of custom by the fraudulent packing of the Oastmen and Shippers to vent base coals. The subject much wronged by slate, stone, &c. passing amongst coals, which the Surveyors do remedy, 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 Customs: which abuses and wrongs both to King and subject, so much and so continually petitioned against, hath been cause of the expense of much money, and of great pains 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 pains and care of the Surveyors in looking to the works and workmen, slate, stone, mettle, and unfuellable stuff, is and may be separated and wealed out of the Coals, which formerly have passed unseparated, and been sold in and with the Coals for ten or twelve thousand pounds per annum, though worth nothing of themselves: for since the Surveyors appointed by the Lords, 1 Augusti, 20 jacobi, above 8000 Cauldrons of slate-stone and unsaleable stuff per annum more than formerly have been wealed out of Coals by their care and authority given them, being but a few men. And also since the Patentee hath placed and employed a competent number of officers for that service, like unfuellable stuff hath been wealed out of the coals there, to at lest 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 been laid in from work by the Surveyors vigilancy since Aug: 1622, and the prevention of deceitful mixture thereby.  And further, touching the prevention of mixture of base and good Coals by the service of the said Surveyors appointed by the Honourable Board, it shall be made clear to this honourable House, that at the time of the said Surveyors coming to Newcastle in September 1622, there were 42 base pan Coale-pits working, and lately laid in from work, and now when the Patentee came down in january last, there were but about 12 base pan coale-pits in work, all the rest being then laid in from work, which whether they may and will be set on work again, 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 useful, that people cannot live without the same. And the Oastmen have so enriched themselves by such abuses, and not by the true gains of their profession, that some of them are grown 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 gain by this fraud, as in one years trading of servants to their owners, they become part owners of one eight, one fourth, or one half of their Ship, as was avouched lately by Newcastle men.  

The Surveyors fee but competent.  And as touching the Officers fee, it is but competent and proportionable to the charge laid out for discovering, and which is and must be laid out for reformation of the abuses, as may appear. For the whole vent of Coals yearly made in and by the Port of Newcastle, according to the Oastmens' foresaid answer being about sixteen thousand ten, or one hundred and 60. thousand Cauldrons, for which the fee of 4 pence the Cauldron amounteth to about two thousand and six hundred pounds yearly. 
What the fee is of 4 pence the cauldron 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 conceived yearly to come to the Surveyors, cannot be above two thousand, or one and twenty hundred pounds per annum at the uttermost; which sum is not the tenth part of what the Oastmen make by their deceits, and not a twentieth part of what the Commonwealth shall gain by the reformation.  

42 officers employed in the execution of the office, whose wages amounts to 1300 pound per annum. Money formerly spent in this business by the prosecutors of the reformation, five thousand pound & what surplusage may remain for the Grantees, the office and debts being discharged. After many petitions, propositions, and offers, made by complaynants and hear taken of all parties, what course the Lords of the Council advised & set down, and with what cautions, limitations, and reservations.  The execution of the office will require 42 persons at lest, most of them of good quality and trust, to be attendant respectively upon their places of charge at the coalpits, on the wharves and water, at the saltpannes and on Shipboard, at all tides and times of working and carriage, or lading of Coals, 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 Council, upon their Lordship's order that recompense should be given, hath cost 5000 pounds at lest, which how the benefit of the whole fee above the charge of the officers employed will satisfy, and with what remainder for the King's intended bounty to the Grantee, is humbly left to consideration. No benefit having been made, nor fee received by the prosecutors or officers employed for the service and expenses aforesaid, since the beginning of this sure, which was above eight years sithence, save only 7 shillings.  
The Lords of the Council upon many petitions, propositions, and offers, made under the hands of several Companies in London, and other Coast town's traders in Coals, and many hear of all parties, and diverse reports upon references to Honourable Committees of the same Board, finding the greatness 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 general; as also in the behalf of the town of Newcastle, Master Warmouth their Solicitor, willingly consenting to any course for reformation of the said abuses, did by order of that Honourable Board confirm the said former course of Surveyors as most fitting: adding thereunto a caution for restraint of mingling good and base coals after they came from Newcastle, which the Surveyors by officers and waiters to be kept and attendant at London, also will see there performed. And likewise that the Surveyors shall make good the Merchant's damages for Coals mis-certified: And that for want of due execution or abuses of surveyed the Office should be void.  

A reference to the King's learned Council, & their Certificate.  After all which, upon some exceptions made, and referred to the Kings now Attorney and Solicitor general, 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 surrendered and made voided.  

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 have quid pro quo, somewhat for their pains. Besides, it is by consent of the greatest traders in and spenders of Sea-coals, and their voluntary offer not to charge it again upon the subject buying by retail.  

A conclusive inference & humble submission of and in the premises.  And therefore this Patent being thus made for the good, and at the suit 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 Merchandise and commodity of Coals being bettered and advanced thereby, and Coals becoming more serviceable and generally useful for all men's provision of Fuel, whether trade and traffic therein, and thereupon, the Shipping and Navigators of this Kingdom will be increased or not, and wood preserved; and whether the Patent in respect of the premises be fit to be maintained and ratified or not, It is humbly submitted to the consideration and great wisdom of this Honourable House.  
All the particulars herein, and inferences thereupon, shall appear by proofs, and clear demonstrations out of the same.