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

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And it seems that, at some Times, the Citizens themselves entertain the same Opinion of the Mat-
ter, Viz. that the County have nothing to do with Newgate; for they dispose of the Places of the
Keeper and Ordinary, and in two Instances have they assumed the Right of nominating a Clerk of the
Arraigns, for the Trial of the County Prisoners; and not to mention that they have altered, enlar-
ged, and improved the Gaol, till at last, as they themselves say, it is become a most dangerous Nusance,
they never thought it at all necessary to advise with the County as to its Construction; some few Years
ago they insured the Prison from Fire, in their own Names, in the Hand in Hand Fire Office; soon
after a Fire happened therein; they applied to the Office, received 500l. and laid it out as they
thought fit.

In all Matters relating to the Government or Management of the Prison, the Citizens have con-
stantly exercised their own Judgment, without consulting the County; and whenever it has been
necessary to apply to the Great Council of the Nation, they have done it alone, and without the In-
tervention or Concurrence of the County; and of this a very remarkable Instance Shall now be given.

Immediately after the dreadful Conflagration in 1666, in which the Greater Part of the City was
consumed, the Citizens thought it necessary to implore the Aid of Parliament, to enable them to re-
build 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. II. they granted the City a Duty arising from Coals brought
into the Port of London , which is expressly appropriated, among other Things, to the rebuilding
Gaols for Felons. Enabled by this Grant, which , by their own Account, produced 736, 804l. the
Citizens rebuilt, among other public Edifices, the greater Part of the now Gaol of Newgate , and, to
intimate now little they thought the County had to do with it, they Stamped it with the City Arms , and
by Inscriptions on the East and West Fronts of the Fate, Commemorated the AEra of its Re-edification,
and the Names of the Magistrates under whose Government it was begun and completed, in Terms
that import little less thatn a sole and exclusive Property in it.

Here it is proper to mention, that by a Charter of I HEN. IV. that King grants to the Citizens
of London , the Keeping as well of the Gates of Newgate and Ludgate, a of all other Gates and Pos-
terns of the said City; When this Grant has been ruged as a Proof, that the Gates, and Newgate in
particular, belong to the City, the Answer has been, That they claim nothing more under it
than the bare Custody of the Gates, and yet the City have taken upon them to pull down all the City
Gates but this of Newgate ; and, besides selling the Materials, they have converted their respective
Scites into freebold Estates, which they have lett upon Leases, reserving to the City large Fines and
Ground-Rents; and , doubtless, they would have acted in the same Manner by Newgate, if they had
not had something farther in View.

The unhappy Situation of the County of Middlesex is such as almost to environ the City of London ,
and one of the Consequences of this Situation is that the numerous Poor, which from the most remote
Parts of the Kingdom, are attracted to the Metropolis, though the City have the Benefit of their La-
bour, as having their Residence mostly in the circumjacent Parishes become legally settled in those
Parishes, and so commence a Burthen on the County. Hence the Difference between the Poor's
Rate in the City and Suburb Parishes, And in all the Improvements which of late Years have been
made of the City Estates by building, the Citizens have constantly had an Eye to the Accommodation
of Merchants and other principal Traders, and Seem to have forgot that as well the Poor as the
Rich need Houses to dwell in.

Whatever Colour may be given to the Complaints of the Citizens, it is evident that the Subject
Matter of those Complaints is not a public Concern, but simply a Question between Party and Party,
namely, Whether the City alone, or the City and County jointly, are to be at the Expence of rebuild-
ing Newgate. Upon what Principles then would they have it determined? If upon legal ones, the
County insist on a legal Exemption from this Burthen.- If the Equity of the Case is to be the Mea-
sure of Justice, it lies upon the Citizens to Produce such a Rule of Equity as will reseind a Right
founded on Acts of their own, and which they have acquiesced in for more than 600 Years.

Thus far then it Seems that there is not the Least Pretence for imposing on the County any Part
of the Expence of rebuilding the Gaol of Newgate ; it remains now to thew how little the City are
intitled, in this Respect, to the Aid of the Public.

By the several Sums above shewn to have been received by the Citizens. it appears that they have
been possessed of at least two Funds, amounting to near a Million Sterling, out of which, if they
had thought sit, they might have rebuilt their Gaol long ago, without the Aid of Parliament, or
any Contribution of the County; and if they are not at present very well able to do it, it must be
owing to some Reasons which the Public are Strangers to and which it is high Time they were
made acquainted with. In 1720, the Offices sold by the City were estimated at 152.000l. by one
of their favourite Historians: The Revenues of the City are immense, and a very sew Years will
put it in the actual Possession and Receipt of such Estates as must yield and Income much more
than adequate to the Expences of its Government: as the Sources of these Revenues are in ge-
neral, Royal Grants, many of them under the express Condition of well governing the City, they
are enjoyed by the Citizens, in their political and corporate Capacity, the Revenues arising from
these Grants cannot be considered as Matters of Private Emolument, or the Right of Individuals; in
Reason and Justice they are destinated for public purposes, such as the Erection and Repair of Gools,
Bridges , and other public Edifices; and, till these Resources fail, which it is hardly possible they
should ever do, it is humbly apprehended that in respect of a prison so peculiarly their own as this of
Newgate has ben shewn to be, the Citizens have not the least pretence of Claim to the Bounty of the
Public.




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