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

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of which ye so much Complain, is no other than the ne-
cessary Consequence of your uniting those two distinct Of-
fices, and the several Jurifdictions attendant thereon, in
the same Person; The Prison so London is Situate in, and
is one of the Gates of the City; the Session of Goal De-
livery for Middlesex are held in London, for the Conveni-
ence of the City, that Middlesex Prisoners can therefore be
tried no where but in London: The Court sends for such
of them as are triable at the Old Bailey (and they, as has
been Shewn, are but a Small Proportion of the Whole Num-
ber of County Prisoners) in order for Trial, and the
Sheriff, for his own Security, keeps them in Newgate
the City Prison , as a Place of the Greatest Strength and
Safety. Is not all this the Act of the City; are not the
County in this Respect absolutely Passive; or with what
Face of Truth can it be ventilated abroad, that the
County croud their Prisoners in an the City, or can any
rational Conclusion be deduced from these Premisses to
charge the County with the Expences attending the Prison
of Newgate , in any Proportion whatever?

And it seems at some Times, the Citizens themselves
entertain the same Opinion of the Matter, Viz, that the
County has nothing to do with Newgate; for they dispose
of the Places of the keeper and Ordinary, and in two In-
stances have they assumed the Right of nominating a Clerk
of Arraigns, for the Trial of the County Prisoners; and
not to mention that they have altered, enlarged, and im-
proved the Goal, till at last, as they themselves say, it is
become a most dangerous Nusance: They never thought it
at all necessary to consult the County, as ti its Con-
struction: some few Years ago they insured the Prison
from Fire in their own Names.in the the Hand in Hand
Fire Office; soon after a Fire happened therein; they
applied to the Office received 500l and laid [..]
they thought fit.

In all that related to the Government of Management
of the Prison, the Citizens have constantly exercised their
own Judgment, without consulting the County; and
whenever it has been necessary to apply to the Great
Council of the Nation, in Matters relating to the Goal of
Newgate , they have done it alone, and without the Inter-
vention or Concurrence of the County; and of this a very
remarkable Instance shall now be given.

Immediately after the dreadful Conflagation in 1666, in
which the Greater Part of the City. was consumed, the
Citizens thought it necessary to implore the Aid of Parlia-
ment, to enable them to rebuild their public Edifices: At
that Time it was never pretended that the County were
Chargeable with any Part of the Expence of rebuilding
Newgate, and the Parliament were so little disposed to
think so, that by an Act of 19 CAR. III they granted [..]
City a Duty arising from Coals brought into the Port or
London, which is expresly appropriated, among other
Things, to the rebuilding the City Goals. Enabled by
this Grant, which by their own Account, produced
736, 804l. the City rebuilt, among other public Edifices,
the greater Part of the now Goal of Newgate , and, to
intimate how. little they thought the County had to do
with it, they stamped it with the City Arms , and by In-
scriptions on the East and West Fronts of the Gate, com-
memorated the AEra of its Re-edification, and the Names
of the Magistrates under whose Government it was begun
and compleated, in Terms that import little lest than a
sole and exclusive Property in it.

Here

obtained this Power is therefore nothing to the Purpose;
not is this Burthen either a necessary or a Possible Conse-
quence of uniting those distinct Offices, and the several
Jurisdictions attendant thereon, in the same Person-the
Custody of the Goal may be said to be attendant upon the
Shrievalty-And in Old Time, the Sheriff did sometimes
repair the Goal, but then he was allowed the Expence in
his Account, before the Barons of the Exchequer.In more
modern Times, all the Expences of Repairs, Etc. fell upon
the County, and they are now defrayed out of the County
Rates, but there never was a Time when the Expence
fell upon the Shreivalty. If the Shrievalty of Middlesex
had remained upon the same Footing, as the Shrievalty of
other Counties, not a Shillings of the Expence of the Goal
would have fallen upon it; how them can this Burthen be
a necessary Consequence of uniting that Office with the
distinct Office of the Shrievalty of London? Or how can
the mere Situation of the Goal (whether an Hundred Yards
within or without Holborn-Bars . for the Conveniency of
the City or County, or both) vary the Question, upon
whom the Burthen or the ordinary Expences of the Goal
should fall? Much less can so trifling and unmeaning a
Circumstance, influence the Question. Who shall Contri-
bute to the extraordinary Expence of a great Plan of Im-
provement of the Goal, for the common Benefit o the
City and County, and perhaps the whole Kingdom, which
it would be a Disgrace to Justice and Humanity to neglect
any longer? the City agree with the County it think
ing, that from such Premises, no rational Conclusion can
be deduced.

The Citizens claim to have the Government of the Goal
of Newgate , and they support the ordinary Repairs of it,
which may in some Measure account for their exercising
their own Judgement without consulting the County, in
Matters which relate to the Government of the Prison, or
the Repair of it.-not that they can acquit themselves of
all Imputation for not consulting the Justices of Peace ,
assembled at Hicks's Hall upon the Subject of their Peti-
tion for a new Goal Consultation and Communications
must certainly have prevented their Opposition, as no
Reason can be assigned for their Opposition, but the omit-
ting to pay them that Mart of Respect, which was cer-
tainly a Fault.-After this public Acknowledgement the
[..] faw thier Opposition, and
co-operate with them in a Work of great Utility to the
County, of which they are Guardians.

With Respect to the Appointment. of the Keeper and
Ordinary, the Citizens do certainly dispose of those places,
and poay large Salaries to those Officers- Of late Years,
they have added to the Salary of the former of these, in
Lieu of Fees which the Commissioners of Goal- Delivery,
at the Old Bailey have taken away, being of Opinion, that
the exacting them made it too expensive for poor Men to
be acquitted-With Regard to the Clerk of the Arraigns,
for the Trial of County Prisoners, the County are in a
Mistake-The City do not assume the Right of nomina-
ting that Officer-In the two instances alluded to, the
Commissioners of Goal- Delivery of Middlesex , sitting at
the Old Bailey , the Judges upon the Rota being present,
and concurring, assumed (as it is called) the Right of no-
minating their own Officer.-The Wit and Humour of the
rest of the Paragraph, is too pointed to admit of an Answer.

When the Effects of this dreadful Conflagration were
under the Consideration of Parliament, they were very little
disposed to enquire who ought to rebuild either Goals or
Parish- Churches.They thought fit to provide a Fund for
these, and many other Public works. Regardless in that
Time of Distress who were by Law bound to repair.

It is true, that this Grant produced 730 [..]
appears, that Part of the Goal of Newgate was rebuilt out
of this Fund, for in the Account of Payment, there is an
Article of 10863l. 16s. for Newgate.

As to what follows in this Paragraph, the County give
the City Credit for more Meaning in their Hieroglyphicks,
upon the Walls, than they pretend to.

The




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