Expedients Proposed for the Easing and Advantaging the Coal-Trade, and Lessening the Price of Coals in London, and other Places, etc. 1. THat all Ships may have Liberty, (if they find it for their convenience) to take in such Beer and other Provision, as they shall at any time want for their Voyages, in or about sheild's, and not to be forced (as now they are) to send Seven Miles up the River to N●wcastle for the same, whereby they often lose the opportunity of a fair Wind, or a Convoy, and by consequence their whole Voyage. II. That it may be lawful for any Ship in Distress, to make use of any Pilot or Carpenter, though no Freeman of Newcastle, (which is now by no means permitted) for whilst they send so far as Newcastle for help? (which when they do, they cannot have from thence, but at Excessive Rates) the Ships that want, or have wanted such help, may be, and often have been cast away, before such Pilot or Carpenter could come to them. III. That a Free-Ballast-Shore, may be Built by the Owners of Jarrowslike near sheild's, or any other Owners of Lands and Grounds there. And that all Ships may, (if for their own Benefit) be at liberty to lay Ballast there, and not forced (as now they are) to carry it several Miles, upon a dangerous River to Newcastle Shore's; In as much as J●rrowslike Shore, when Built, will be greatly for the Advantage of the. River, and all Ships I rading up the same Anent, is farther offered to Consideration, and will easily be Demonstrated, That if these things were done, the River would be much Bettered, and made Deeper, and more Navigable, which would Encourage the Building of Great Ships, which are the most proper for that Trade, and such as would be Useful for the Defence of the Kingdom, in time of War; Besides, by these Means, Masters of Ships might make Two or Three Voyages in the Year, more than now they do, by reason of the quick Dispatch they would then receive, above what they now have; the consequence whereof must needs be, That Coals, Glass, Salt, and Millstones, which are the proper Commodities of those Parts, would be much Cheaper to the Subject than now they are, and the great Duty laid on Coals for several Years to come, be less felt by the Poor than now it is. AN ANSWER To the Printed Paper . TO the First, it is answered, That the Mayor and Burgesses of Newcastle, have by Prescription the Survey and Government of the Port and River there; which Port and River, are within the Bounds and Limits of the Borough of Newcastle. And the said Mayor and Burgesses have from time to time (whereof the Memory of Man runs not to the contrary) had the sole Vending of all Beer and Ale sold to Ships Trading to that Port: And this is, in effect, no more than all Corporations by Prescription enjoy, That none shall exercise a Trade within their Corporation, but the Members of it. And it seems to be as reasonable to take away the Privileges of all other Corporations, as to take away this; and besides, the Public is no way injured; for Ships do not lose their Voyages by it, because the Ships may take in their Beer and Ale at Shields from Newcastle, in a quarter of the time they can take in their Coals; for they go two, three, and sometimes four Miles above Newcastle for their Coals. And this very Point, as to the sole vending of Beer and Ale by the Mayor and Burgesses within the said Port, has been lately Tried in His Majesty's Court of Exchequer, and found by a substantial Jury for the Mayor and Burgesses, and a Decree thereupon made for the same. To the Second, it is Answered, That it is lawful in that Port, for any Shipmaster to use his own Carpenter; and if the Ship be in distress, the Master may use any Carpenters whatsoever at Shields: and besides, Care is taken that there be always Carpenters and Pilots that are Freemen of Newcastle, that live at sheild's, near the Mouth of the Haven, to serve such Masters of Ships as have occasion to use their Services there, and that at Reasonable Prices, lower than in other places. And the Mayor of Newcastle may regulate the Prices, if unreasonable Demands be made; and it is a great Mistake to affirm, That any Ships have been lost in that Harbour, for want of Carpenters or Pilots, and the same cannot be proved. To the Third, the Answer is, That Jarrowslike is no fit place for a Shore, being near the Mouth of the Haven, because the unavoidable fall of Ballast would make a Sand-Bed, which would hinder Ships to pass in and out. It would be a Nuisance to have a Shore there, there being no Foundation to erect a Wall for a Ballast Key. And it would be further inconvenient, the Channel of the River being Narrow in that place, it would make the Current so quick, that no Ships could lie at Anchor there, or Keels come to cast Coals or Ballast there. And it would hinder the passage of Ships in the said River, and would be an injury to the Mayor and Burgesses to make an Act of Parliament to erect a Shore at the place desired; for they do prescribe, That no Shores should be built upon that River, without their Licence; if this were not, the River had been long since blocked up, and it were impossible to prevent Nuisances to the said River, if the Mayor and Burgesses had not the Survey and Government of it: For every Man that has Land upon the said River, might be at liberty to build into the River as far as they please. This Prescription has been likewise Tried at Law at the Bar of the Court of Exchequer, and found for the Mayor and Burgesses: And why may not all, or any the Franchises of all other Corporations, be taken away by Act of Parliament as well as this? And there is no inconvenience to Ships that Tr●de to that Port, for want of a Shore there, because there are Shore's four or five Miles lower than Newcastle, seated in convenient places, where Ships cast their Ballast, and take in their Coals without danger. The Mayor and Burgesses being Conformators of the River and Port of Tine. (a place of great Import to the Kingdom, and Nursery of Seamen and Navigation) and having an ancient Court for the Government and Preservation of the River and Port, do never give leave to build a Ballast Shore, until the place be viewed by a Jury of Masters of the Trinity House and Pilots, and they upon their Oaths give a Verdict, that the place is convenient, and without prejudice to the River. That the Expedients proposed, will not in any sort lessen the Price of Coals; for the same Tide that will carry Ships to the place designed for a Shore, will carry them to some other Shores or Wharves that are already erected. And the same Wind that will carry Ships out from the one place, will carry them out from the other. And the Ballast is cast out upon as cheap and easy 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 men's Interest, (upon pretence of Public good) which they have long endeavoured 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 ; 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 Customs, etc. which they used in the time of King Henry his Father; and the Town pays per annum 100 l. Fee-Farm-Rent to the Crown. That Sir Robert de Vessey and his Companions, 3 Hen. 3. Justices Itinerant, gave Judgement for the Town of Newcastle against the Prior of Tinmouth, whose Lands did join upon the River of Tyne, at North- Shields; which said Prior had Invaded the Towns Rights and Privileges, by Building Houses, Wharfes, etc. between High and Low Water-Mark, and within the extent of Sparrow-hawk, within the Sea and Hedwin Streams; whereupon the said Prior, by Judgement 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 sheild's, 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 Merchandise by which the said Burrow should be damnified. A Commission Issued forth to Inquire what Merchandise, 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 , 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 Licence of the said Mayor and Burgesses for the time being, and not out of the said Town any Market to make, or exercise sheild's, 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 Sparrow-hawk 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 ; 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 Nuisances 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 Privileges 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 itself by Meets and Bounds tam per terram, quam per aquam; extending from the Sparrow-hawk in the Sea, to Hedwin Streams. That in Michaelmass Term, 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-terme, the Town complaining of one Humphrey Johnson, 5 Car. 1. for unlawful keeping a Common Brewhouse at North- Shields, adjoining 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 King's Attorney-General, against the Town; and, 5 Car. 1, in their Plea thereunto, they Claimed the Privilege, at their Liberty, to Erect apt and fit Wharfes, for the receiving and retaining 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 King's Bench, Judgement was given, That the said Town should enjoy their said Privileges and Liberties. Upon a Petition to the King in Council, by the same persons who now Promote the Design, Anno 1668. to make Jarrowslike a Ballast-shore, for their private Gain; there were several Hear 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 Tried 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 hours 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 Judgement, 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 contained in that Petition, concerning the Building of a Ballast-shore upon Jarrowslike; 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 passed, made upon the Petition of Sir Charles Adderly Knight, and John Crook Esquire, touching a Ballast-Shore, intended by them to be erected at Jarrowslike 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 accrue to the Public, by erecting the said Ballast-shore; Do humbly certify, that we have taken into serious consideration the said several Allegations mentioned in Your Majesty's 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 men's lives: And that Newcastle itself, 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 Counsel Learned, who appeared against it: And, upon the Whole Matter, nothing was made out before us, in Proof 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 Ancient Ship-Masters, and other Persons Vnconcerned; That the Erecting of a Ballast-shore, as is Designed at Jarrowslike, would prove Destructive to Trade in General, Dangerous both to Shipping and men's Lives; To the enhancing of the Price of Sea-coals; To the Obstruction and Choking of the River of Tyne; Exceedingly Mischievous to the Bar of Tinmoth-Haven; And Manifestly to the Decrease of the Trade and Damage of the Town of Newcastle: The better Judgement and Consideration whereof is humbly submitted to Your Majesty's Great Wisdom, by YOUR MAJESTY'S Octob. 27. 1670. Most Humble, and Most Obedient Subjects and Servants, Samuel Starling Mayor, Rich. Cheverton, John Laurence, William Peake, Rich. Rives, George Waterman, Robert Hanson, William Hooker, Joseph Sheldon, Tho. Davis, Fran. Chaplin, James Edwards, Dan. Forth, J. Ward. Jonathan Dawes.