the Town-moor might, if wrought, be of prodigious value, that extensive tract of ground became, a few years fince, an object of general attention, both on account of the improveableness of its foil, and of the valuable minerals which it contains. From motives which we do not pretend to be acquainted with, the common-council inferted an advertisement in the Newcastle Courant, December 31, 1771, intimating that that part of the Town-moor lying on the western turnpike road, from Gallowgate quarry to the West Cowgate, containing about eightynine acres, was to be let, for the purpose of being cultivated and improved. Such was the tenor of this memorable advertisement. We shall give the sentiments of Mr. Brand upon this transaction" This matter (says that hiftorian) occafioned a violent difpute between the mayor and common-council, and fome of the burgeffes. Serjeant Glynn, recorder of London, was invited down to Newcastle, on behalf of the burgeffes in this affair; and by his mediation at the affizes, August 10, 1773, it was agreed that the leafing of the Townmoor should be settled by act of parliament. The burgesses (adds he) in the oppofition called the agreement made on this occafion a victory, and appointed a committee of delegates from each company to carry on the heads of a bill to be presented to parliament, in the adjusting of which they had no small altercation with the magistrates. The act passed for this purpose A. D. 1774, 14 Geo. III."--Brand's Hist. vol. 1. p. 436. The sentence of the court was in the following terms. Y Town Town and County of Newcastle upon Tyne, At the affizes held at the Guildhall of the faid town, in and for the faid town and county of the fame, on Saturday the 7th day of August, 13 of Geo. III. &c. before the hon. Sir Henry Gould, knight, one of the justices of his majesty's court of Common Pleas, and the hon. Sir William Blackstone, knight, one of the justices of the fame court, two of his majesty's justices affigned to take the affizes according to the statute, &c. Hopper verfus It is ordered by the consent of faid parties, Bayles & alios. S their counsel and attornies, that the last juror of the jury empannelled and fworn in this cause shall be withdrawn from the pannel; and by the like confent, and by the consent of William Gibfon, Efq. town-clerk of Newcastle aforesaid, on behalf of the common-council aforefaid, &c. it is agreed and ordered, that an application shall be made for an act of parliament to establish forever to refident freemen, and the refident widows of deceafed freemen of the town of Newcastle aforesaid, the full right and benefit to the herbage of the Town-moor for two milk cows, in the manner in which it has been used, subject to fuch restrictions and regulations as shall be judged neceffary for the culture and improvement of the common, and shall be prescribed in the act, which are to be fettled and agreed upon by two perfons, one to be named by the common-council, and the other by the stewards of the companies, or the major part of them. Such two perfons to be named before the first day of November next; and in cafe they cannot agree, they two are to chuse a third perfon for the purpose aforesaid, by agreement, or ballot. And it is further ordered, that the rents to arife from the leafes of parts of the Town-moor aforesaid (which may be made for improving the common) shall be applied to the use of the poor freemen, and poor widows of freemen, in the manner to be prescribed by the faid act. And it is also ordered, that the quantity to be inclofed for improvement, at any one period, shall not exceed one hundred acres; and that fuch rights shall be restored to the corporation of Newcastle as owners of the foil, as they are intitled unto. And it is also ordered, that the expences of the faid act, and alfo the costs in this action of the plaintiff, and the costs not exceeding 300l. of the defendants, shall be paid out of the public revenue of the faid corporation. And And lastly, it is ordered, that all parties perform this order, and that this order shall be made a rule of his majesty's court of Common Pleas, if the justices of faid court shall so please. By the court, RIGGE. "In commemoration of this event," says Brand, "and as a reward to the above committee, who conducted the cause of the burgesses, the members thereof were unanimously presented with the free dom of several of the companies. That of the Taylors presented each of the committee with a gold ring, in the fignet of each of which, under a crystal, was reprefented Liberty stepping out of her temple, with a label proceeding from her mouth, infcribed "Town-moor faved August 10th, 1773." On the infide, “ Concordia parvæ res crefcunt:" " By concord fmall things encrease." Round the inner verge, Taylor's Comp. to ......" (naming each member). And round the outer verge this motto: "Vox populi, vox Dei:" "The voice of the people is the voice of God." Such is the account given by Mr. Brand of this famous trial, the happy effects of which, it is to be hoped, will be enjoyed by all parties to the remoteft ages. But, as that hiftorian was, and still continues to be, charged with courtly partiality towards those in power, (although his history occafioned the heaviest blow being given to the corporation that it ever received since its existence) we shall fubjoin another account of that cause, and the issue of it, by one of the most enlightened burgesses, who was thoroughly acquainted with the whole procedure, and was an eye-witness to the cause in every stage of its progrefs; Y 2 grefs; and also the substance of the act of parliament, which Mr. Brand has not inferted in his hiftory. "Mr. Brand, speaking of the advertisement for letting part of the moor, fays, 'a fimilar design had been in agitation some time before, but was fet afide by the mayor and common-council, as impracticable.' Happy would it have been (adds our anonymous author) had they continued in that opinion. This, however, they altered, and actually let the premises to one Hopper, a quaker, for a term of years. The burgesses, deeming this an illegal act, took the advice of able counsel in London, who recommended them to commit a trespass upon the alterations made by Hopper, which they did, by breaking down the hedge inclofing the field then growing corn, and turning their own cattle into the inclosure. On this, an action was brought against certain of the burgeffes for the trespass, before judge Gould, at the afsizes held at Newcastle, anno 1773. Serjeant Glynn, then recorder of London, and member of parliament for the county of Middlesex, was retained by the burgesses, or rather benevolently came to free them from their oppreffors. "The caufe was opened by counsellor Wallace, (afterwards attorney-general) on behalf of the profe. cution. Serjeant Glynn admitted the trefpafs, and claimed the right of pleading to the custom, which being allowed, he proved by the charter of king John, confirmed by Edward III. and other fucceeding monarchs of England, to the town of Newcastle upon Tyne, that the Town-moor had been unalienably granted to the burgesses of Newcastle, and their fucceffors, forever, under a certain fee-farm rent, paid by them to the crown previous to the reign of king John, which Edward III. had fully confirmed, with the farther privilege of digging coals, ftones, mines, minerals, &c. therein, to their own use and benefit, without any lett or hindrance, from him, his heirs, and fuccessors; and alfo of the later custom of the resident burgefies, and the refident widows of burgeffes, depasturing their milk-cows thereon, under certain regulations for the benefit of the general pasturage. This the learned counsel demonftrated in fuch a full, explicit, and impreffive manner, to the fatisfaction of a numerous audience, that when he had closed his eloquent defence, and counsellor Wallace was asked if he did not mean to make a reply, the latter returned this memorable answer: 'How can I reply? He has pounded me in a common, and I cannot get out.' This is what Mr. Brand calls the Serjeant's mediation.' But it was manifest to every one present, that the corporation had not a fingle foot to stand on in support of their claim of a right to let the moor, which was what they contended for; nor could fuch of the magiftrates as were called upon give any fatisfactory anfwers to the questions put to them, but seemed to be all entirely difconcerted: one indeed was so completely at a loss, that he defired permiflion of the court to go home to obtain fome minutes to refresh his memory, which was granted; but the business was compromised by agreement before his return, by withdrawing a juror, the corporation agreeing to pay every expence, and that alfo of obtaining an act of parliament for a permanent fettlement of the business. |