Middlesex Sessions:
Sessions Papers - Justices' Working Documents
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April 1765

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In order to induce a general Acquiesence in this Opi-
nion, they Suggest that the said Goal is ill-constructed,
close,and incommodious, and unfit for the reception of
PrisonersThat a great Number of Prisoners have been
usually crowed into the said Goal at the Opening of every
Sessions.That the Prisoners have frequently been visited
with a malignant Disease, called the Goal Distemper;
whereby the Health of all Persons resorting to the Sessions-
House must be endangered.That the said Goal cannot
be rendered healthy and commodious, without being built
on a more extended Plan.

They suggest further, That the Proportion of Middlesex
Prisoners, to London Prisoners, is as Two is to One, and
from thence content that the Expence of rebuilding the
said Goal (which, according to their own Estimates, will
amount to 40,000l.) should be borne by the City and
County in those Proportions.

In order to avert so heavy a Charge, and to prevent
the entailing on themselves and Posterity, the heavy Bur-
then now attempted to be laid on them, the Inhabitants of
the County on Middlesex think it incumbent on them to
state the following Facts, submitting the Arguments dedu-
ced therefrom to the Judgment of candid and impartial
Men.

They say, that the Goal of Newgate is supposed to have
been originally built in the Reign of King HEN. I. or of
King STEPHEN, that is to say, between the Year 1100
and 1154, and that the same hath been under the sole
Government of, and hath from time to time, sometimes
by express Mandate from the King, as in the 6th Year of
EDW. II. been rebuilt, repaired, altered, and enlarged,
by the Citizens of London ; the Consequence whereof is,
that they are bound perpetually to repair it, and would be
punishable at Law, if they did not.

That, supposing the Number of Prisoners Yearly com-
mitted to the said Goal to be as great as is alledged, the
County say, the Number is not greater now than it hath
been for a Series of Years Past, during which no Appliaca-
tion to charge the County with any Expence attending
Newgate hath ever been made: That County Prisoners are
secured

{The Public will understand,that the Suggestions here
mentioned, contain the Substance of a Petition, which
was presented to the House of Commons in the last Session,
to which there was a most violent Opposition, and which
the City was afterwards advised to drop.-This the City
submitted to, the more readily from an Opinion, that a
little Time and cool Reflection, would soften the Acri-
mony of the Opposition, and remove those groundless
Jealousies and unreasonable Apprehensions, which seem'd
to have misled many worthy Men.- It now appears, that
they thought too favourably of this Opposition; it is re-
newed ; and though many of the Suggestion here menti-
oned, and that in particular which points out a given
Proportion of the Expence to be borne by the County,
are omitted in the Petition now depending, yet the Com-
piler of this Case charges the City with now at this Time
contending (which is false in Fact) that the Expence
should be borne by the County in the Proportion of Two
to One by the City.

The other Suggestions are true.That of the Propor-
tion of Middlesex Prisoners to London Prisoners will be
taken further Notice of in its Place.The Arguments
to be deduced therefrom, touching the Expence of re-
building the Goal, is submitted to the Judgment of candid
and impartial Men.- If it is unreasonable, that the Inha-
bitants of the County of Middlesex should contribute to
this Expense, then the Charge ought not to be entailed
on them, and their posterity; if it be reasonable, then it
ought not to be averted.

The Inhabitants of the County of Middlesex go back to
very ancient Times in search of Evidence, to six upon the
City of London , an Obligation to Repair the Goal of
Newgate . They need not have given themselves that
Trouble; the City do not mean to dispute that point with
them in a House of Parliament, out of the ordinary Course
of Law.-For the Purpose of the Argument upon the
Merits of their Petition they admit, that they have the
Government of the Goal, and that they have from Time
to Time rebuilt it in Part ,and repaired, altered, altered ,and
enlarged it, and (if the County please) that they are bound
perpetually to repair it, and would be punishable by Law,
if they did not.

From the Manner in which it is introduced into the Case,
it may be collected, that the County do not much rely
on that Argument, which yet is the only Argument in
the whole Case, that has a Colour of Reason to support it.

The Merits of the Petition, are, that it is necessary that
the State and Condition of the Goal should be greatly
improved and that the proposed, improvement goes beyond
the Rate of the ordinary Repairs, and that a parliamentary
Aid is therefore necessary.

Upon whom the extraordinary Expense shall fall, is for
for Judgment of Parliament, upon due Consideration of
the Premises.

If it shall appear that the amazing Alteration which
Time hath made in the Condition of the County of Mid-
dlesex, since the Reign of HEN. VI. (when two Sessions
of the Peace in the whole Year sufficed, because the
Justices of the Peace had nothing to enquire of ) hath
contributed to make a new Goal necessary, and that the
County will reap great Benefit from it; it will be fair to
argue, that they ought to contribute.

it may be thought reasonable that the public too should
contribute, from the Circumstance of Rebels, smugglers,
Debtors of the Crown,and Persons committed by either
House of Parliament, being occasionally confined in the
Goal of Newgate , and because the Business of the Public
attract all Sorts of People to the Metropolis and conse-
quently helps to fill the Goal.

The Citizens of London want no Solicitation toind uce
them to bear their Part of Burthen.

The first Part of this Paragaph is a proper Rebuke to the
City, for having suffered this Nusance to remain so long;
but the Argument, that because it has remained too long
already, therefore the Public ought not now to interpose to
remove it, seems to have but little Weight.

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