Charles II: September 1676

Calendar of State Papers Domestic: Charles II, Addenda 1660-1685. Originally published by His Majesty's Stationery Office, London, 1939.

This premium content was digitised by double rekeying. All rights reserved.

'Charles II: September 1676', in Calendar of State Papers Domestic: Charles II, Addenda 1660-1685, (London, 1939) pp. 456-463. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/chas2/addenda/1660-85/pp456-463 [accessed 19 April 2024]

Image
Image
Image
Image
Image
Image
Image
Image

September 1676

[Sept.] Additional clause to be inserted at the end of the grant of lotteries to the Irish indigent officers requiring it to be enrolled within six months after the date thereof. With note by Sir F. Winnington that this ought to be done, it being directed by the Act of Explanation. (See Cal. S.P. Dom., 1675–76, p. 320.) [S.P. Ireland, Car. II. 349, No. 79.]
[1676 ?] Statement that William, Earl of Pembroke, 3 Sept., 1625, in consideration of 1,200l. granted to J.S. and his heirs a rentcharge of 120l. per annum out of all his lands, and that the grantor died in April, 1630, without issue, leaving two years of the rentcharge in arrear, which was paid 25 March, 1631, by Earl Philip, his successor, to the said J. S., who going to travel soon afterwards and the said Earl Philip dying before any more payments, his son and successor Philip denied to pay the rentcharge and also that he ever heard of such a grant. In April, 1657, J. S. exhibited his bill in Chancery against the said Earl and proved his case by several witnesses and was left to take his remedy at law by distress, but was hindered by the Earl's privilege. Soon after the said Earl died and was succeeded by his son William, who offered J. S. 4,000l. composition, which he thought too small. In 1665 J. S. made his will leaving all his real and personal estate to his wife, whom he appointed sole executrix thereof, and died. She for want of present money offered to sell the rentcharge and arrears to the said Earl William, who is since dead (ob. 1674) and left his estate to his brother, the present Earl. [S.P. Dom., Car. II. 442, No. 21.]
[1676 ?] Memorandum that Simon Parry and William Carter be inserted in the room of Sir Thomas Daniell and Simon Weaver (as commissioners for licensing hackney coaches. See Cal. S.P. Dom., 1676–77, p. 252.) [Ibid. No. 22.]
[1676 ?] The case of Major Thomas Beckford (knighted Oct., 1677), slopseller to the Navy. In 1662 instructions were given by the Lord High Admiral about vending clothes on board ships, prescribing the kinds of clothes and their prices. 13 Feb., 1665[–6], Major Beckford was appointed slopseller, so long as he should furnish the fleet with the clothes and at the rates appointed by the instructions. Since Mr. Speaker came in as Treasurer of the Navy in 1673 the slopseller's accounts and payments have been and are stayed, three great objections being made against him:—
1. That he has furnished clothes of other kinds than those specified in the instructions.
2. That he has taken greater prices than those limited by them.
3. That by a combination between him and the pursers tobacco, brandy and other things under the name of clothes and greater quantities of clothes than ever were furnished by the slopseller are claimed and brought to his account and that the clothes sold on board are not sold at the mast.
As to (1) he admits that clothes of kinds not prescribed have been sold: but (1) only to officers and volunteers and to seamen who desired them and refused the others. (2) Such clothes have been viewed and approved by several of the chief officers of the Navy. (3) It has been the constant usage of the Navy not to confine the officers and volunteers nor indeed the ordinary seamen to the prescribed clothes, but others both as to kind and goodness have always been furnished to such as desired them. (4) Those that desired them have always understood that aboard there were clothes of the prescribed kinds and prices, which they refused and chose these. (5) Thereby neither the King nor the seamen were prejudiced.
As to objection 2, if greater prices have been taken than prescribed it was only when the clothes were better than ordinary, many officers, volunteers and seamen desiring such and refusing the ordinary ones, nor were ever greater prices taken for the ordinary ones than warranted by the instructions, nor was there ever any want of clothes according to the kinds and prices in the instructions, whereby the seamen might be forced to take the extraordinary ones.
As to objection 3, the slopseller denies all combination and contrivance between him and the pursers or otherwise to deceive either the King or the seamen or make any unjust or indirect profit to himself. At the going out of every ship the slopseller imprests as many clothes as may be thought sufficient for the voyage or at least as many as the purser will accept. The purser is to give account to the slopseller and produce certificates for them.
The pursers on occasion of long voyages and ancient usage claim to furnish clothes when the slopseller's stores are spent and often unknown to the slopseller take in clothes of their own and buy others on their own account, which they vend to the seamen, sometimes when all the slopseller's are issued and sometimes selling their own and bringing back the slopseller's, and by reason of ancient usage and a good understanding between them and the seamen sometimes the pursers' clothes are placed to account as well as dead men's clothes and sometimes money lent and other things furnished by the pursers under the name of clothes are placed to the account of clothes, all which under the name of clothes are according to order brought to the slopseller's account and by certificate from the ship's officers there placed, the particulars whereof the slopseller cannot possibly distinguish, and, when the slopseller receives the money, he pays himself the clothes he imprested and the rest goes to the purser without any profit to himself. Thereby it sometimes happens that much more is claimed to be due on the slopseller's account than the clothes by him imprested amount to nor is he paid by the pursers' bills but by the ships' books signed by the officers.
If the pursers use any fraud or the instructions as to the vending of clothes aboard or getting certificates from the ship's officers be not duly observed, it cannot be reasonably imputed to the slopseller, who is ashore, nor ever admits any thing in his account but what there are due certificates for according to the instructions, nor has he a penny advantage of what the purser receives though he runs very great hazards and has had many losses by vessels and clothes being taken, lost and spoiled to the value of many thousands, besides his great charge by keeping vessels, manning and victualling them and by having store houses in all parts of the kingdom and persons attending there.
Some of the instructions have been dispensed with as not practicable or at least not conducive to the service, namely the 5th, restraining the vending of clothes to any seaman till after he had been two months aboard, which stands dispensed with by order of the Navy officers of 12 Nov., 1664; and indeed the method of paying by certificate according to the instructions has not been nor can that and many other particulars in the instructions be practically or possibly observed, the constant usage before this slopseller came in being not strictly confined to the letter of the instructions, nor has he proceeded in any other method than his predecessors have done and others appointed to serve clothes during the Dutch war.
On the whole matter he hopes it will appear that those great objections are fully answered and that he is not nor has been guilty of any misdemeanour that will justly occasion the stay of his accounts and payments. (See Cal. S.P. Dom., 1676–77, p. 537.) At the foot,
Copy of the last article of the King and Council's instructions in 1671 concerning payment to the Chest at Chatham, the ministers and chirurgeons and the slopseller. [5 pages. Ibid. No. 23.]
[1676 ?] Robert Carlos, nephew of Col. Carlos. Petition for relief. He rode in the Guard of horse for above seven years and afterwards went into France under the command of Lord Duras and was with him at the taking of Maestricht and several other engagements as the Duke of Monmouth and Lord Duras can testify, but on his return to England he was expelled the service because he was a Recusant and is now reduced to extreme poverty. [Ibid. No. 24.]
[1676 ?] Katherine Macklier, relict of James Macklier, eldest son of Sir John Macklier. Petition for a supply for her pressing wants, were it but 20 or 30l., her father, Sir John Cochrane, having been a faithful servant to his Majesty and his father for many years and she being desirous to return to Ireland. About three years ago she petitioned for relief and was referred and, though declared innocent by the Court of Claims, through want of money could not obtain her lands in Tipperary, so that she was forced to go for Sweden to procure some moneys there, but instead was treated most rigorously and forced to return. (See Cal. S.P. Dom., 1675–76, p. 591.) [Ibid. No. 25.]
[1676 ?] Several merchants of London, who obtained the freedom of foreign built ships, to the King. Petition, as they find him and the Council in some doubt of the due obtaining of such freedoms, begging him to consider the inconveniences and losses that must fall on them if they be not protected and that, if there has been any undue practice, which could never be by them, it more conduces to his Majesty's profit to make good the defects of the said warrants than to expose his innocent subjects to the hazard of foreign justice, which it is well known may be more aptly termed plunder. (See Cal. S.P. Dom., 1676–77 passim.) [Ibid. No. 26.]
[1676 ?] Capt. Bernard Phillipps to the King. Petition for payment of the arrears and settlement for the future of his pension of 4s. a day granted him (17 Nov., 1672) in consideration of his ready obedience in quitting two commands in Holland and coming over, which is over 2½ years in arrear, being stopped on pretence of his being a Catholic, which objection was cleared by the certificate of the minister and churchwardens of St. Margaret's, Westminster. [Ibid. No. 27.]
[1676 ?] Capt. John Price. Petition stating that he was sworn one of the Grooms of the Privy Chamber in 1661 and that, when his Majesty settled his Household and reduced the grooms to the ancient number of six in waiting, he gave the supernumeraries a pension of wages and livery, and praying a grant of the like pension and a reference for that end to the Earl of Arlington, Lord Chamberlain of the Household. [Ibid. No. 28.]
[1676 ?] Clara, wife of Sir Edward Wood, to the King. Petition stating a grant of a pension of 200l. per annum to Mrs. Bolton, which his Majesty declared he intended as well for the support of Sir Edward Wood and his family as for Mrs. Bolton, and accordingly she, after giving his Majesty a great deal of trouble in endeavouring to destroy the petitioner's right, in April, 1669, by a writing aliened to Sir Edward Wood and Clara, his wife, and the survivor of them 70l. per annum out of the said 200l., which the petitioner has received till about Midsummer last, and then Mrs. Bolton, taking advantage of the absence of the petitioner's husband, Envoy Extraordinary to Stockholm, pretended it was in her power to revoke the grant and then received 100l. of the pension and denied the petitioner her share: and therefore praying directions to the Lord Treasurer that she may not in her husband's absence lose so great a part of her maintenance through Mrs. Bolton's injustice. (See Calendar of Treasury Books, Vol. V, pp. 274, 408, 444.) [Ibid. No. 29.]
[1676 ?] List of the officers of Lord Schonberg's foot regiment now extant. Capt. Henry Boade. Capt. John Middleton in the Duke of Monmouth's troop. Capt. John Wharton in Sir Philip Howard's troop. Capt. Richard Sands in the country. Capt.Lieut. John Sherrard in Sir Francis Compton's troop. Lieut. Robert Wattson in Yorkshire. Ensign Samuel Lord in Lord Frescheville's troop. Ensign Edward Tomes in Sir T. Armstrong's troop. George Barnardiston, the General's secretary.
List of the officers of Col. Pearson's regiment now extant. Lieut.-Col. John Romsey at Bristol. Capt. Adam Bolton in Lancashire. Lieut. William Ash. Ensign Thomas Tesman in Lord Frescheville's troop. Ensign Boys in Lord Oxford's troop. Quartermaster William Reines in the country. At foot, "Per me Lord Marquis." Endorsed, "Blankfore." [Ibid. No. 30.] Annexed,
Note. Thomas Smithe was a quartermaster and cornet under Marquis Schambourge (sic) in Portugal. Richard Towneley and Thomas Coningsby ensignsof Major Windham's troop. (Probably earlier than the preceding paper.) [Ibid. No. 30 i.]
[1676 ?] Lord [? Shaftesbury] to Lord —. I very much approve of what Lord Mordaunt and you told me you were about and should, if I had been in town, readily have joined with you, or on the first notice have come up, for it is certainly all our duties and particularly mine, who have borne so great offices under the Crown, to improve any opportunity of good understanding between the royal family and the people and not leave it possible for the King to apprehend that we stand on any terms that are not as good for him as they are necessary for us. Neither can I fear being accounted undertakers at the next meeting of the parliament, for I hope it will never be thought unfit for any member of the Lords to give the King privately their opinion when asked, when in former days through all the northern kingdoms nothing of great moment was acted by their kings without the advice of the most considerable and active nobility, though they were not of the ordinary Privy Council, such occasions being not always of that nature as required the assembling of either the great council or the parliament. Besides there are none so likely as us nor no time so proper as now to give the only advice I know truly serviceable to the King, affectionate to the Duke of York and sincere to the country, which is a new parliament, which I undertake at my time to convince your lordships is the clear interest of all three, but in the meantime I must beg yours and Lord Mordaunt's pardon that I came not up as I intended, for I hear from all quarters of letters from Whitehall to give notice that I am coming to town, that a great office with a strange name is prepared for me and such like. I am ashamed I was thought so very a fool. Methinks they should know me better, but I assure you no place or condition will invite me to Court during this parliament, nor till I see the King thinks frequent new parliaments as much his interest as they are the people's right, for till then I can never serve the King as well as I would or think a great plan safe enough for a second adventure. When our great men have tried a little longer, they will be on my mind. In the meantime no kind of usage shall put me out of that duty and respect I owe the King and Duke, but I think it will not be unwise for men in great offices that are all at their ease and where they would be to be ordinarily civil to men in my condition, since they may be assured that all their places put together shall not buy me from my principles. [Copy in the hand of Thomas Barnes, from whom are numerous letters in S.P. Dom., 1675–78, passim. (Lord Mordaunt succeeded in 1675 aged 17 or 18.) Ibid. No. 31.]
[1676.] Richard Kearney to the Duchess of Portsmouth. Petition stating that about six weeks ago he gave in a petition to her setting forth that he has a list of several lands, leases, rentcharges and moneys clearly in his Majesty's disposal of about 1,000l. a year, which were never discovered or set out to any person, which he prayed to be passed in letters patent to the Duke of Richmond and Lenox according to articles to be passed betwixt her Grace and the petitioner, and that she referred the petition to Dr. Taylor, to whom the petitioner gave the whole state of his discovery, which was produced to Sir John King (ob. June, 1677), her counsel, which he found very feasible and good, whereupon Dr. Taylor and the petitioner agreed that his Majesty's letter to the Lord Lieutenant should be taken out by her for passing the said lands to the Duke in letters patent in Ireland and that the petitioner should be at all charges for so doing and recovering the same, whereof he is to have one third part of the whole and be reimbursed his charges out of the principal before any division, and therefore praying, in regard that, if the petitioner be not in Ireland before next term with the said letter to issue summons to the persons concerned, the Duke will lose a year's rent and that the petitioner has a great charge of wife, family and farms behind him, that she may make her speedy address to his Majesty for the letter, which the petitioner will solicit in Dr. Taylor's absence. [S.P. Ireland, Car. II. 349, No. 80.] Probably annexed,
The Duke of Richmond and Lenox to the King. Petition for a letter to the Lord Lieutenant to pass the lands, etc., mentioned in the annexed list, which were concealed but discovered with great charges by the petitioner, to him and his heirs under the reservations of the former leases and under the usual quit-rent payable out of such land. [Ibid. No. 80 i.]
Draft of the letter to the Lord Lieutenant desired in the above petition. (All these three documents are in the same hand.) [1½ pages. Ibid. No. 80 ii.]
[1676 ?] Margaret Walters alias Thicknesse to the King. Petition stating that she has a cause depending and that Capt. John Magragh, a pensioner, who receives his pension at Mr. Hughit's (Hewitt's) office at the Horse Guard is a chief witness, who takes her adversary's part against her and keeps out of sight, but appoints another to receive his pension, and therefore praying an order that Mr. Hughit may not pay the pension to any of the captain's attorneys, till he appear in the said cause. [Ibid. No. 81.]