Minute Book: October 1701

Pages 104-108

Calendar of Treasury Books, Volume 16, 1700-1701. Originally published by His Majesty's Stationery Office, London, 1938.

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October 1701

Oct. 21,
Present: all my Lords.
The Attorney General comes in. Write to Mr. Burchet that a complaint has been made to this Board by the Attorney General that Mr. Borret who [being Treasury Solicitor] is employed under him cannot have access to the papers and entries relating to Mr. Whittacre's accounts so that he cannot proceed against him according to the Resolution of the House of Commons. My Lords therefore desire of the Admiralty Lords that some person may attend the Attorney General with such of the said entries and papers as are proper to be made use of. A similar letter to be sent to the Navy Board.
Write to Mr. Borret and Henry Baker and all the Solicitors of the revenue that when they pay any fees to counsel or others upon the King's account they do take billetts for the same according to the Statute 3 James I c. 7.
Order for the issue of 3,189l. 4s. 1½d. to the Ordnance, whereof 1,624l. 9s. 0d. to be for land services and to be out of the last part of the 3,700l. a week; and 1,564l. 15s. 1½d. for sea service: to be out of loans on Low Wines.
The Customs Commissioners are called in. Write to the Old [East India] Company to pay forthwith to the Receiver General of Customs the 77,736l. 12s. 3d. which they owe upon the Duty of 5 per cent and that my Lords desire to speak to them on Friday about the rest of the money they owe.
The Solicitor General comes in. They both [the Attorney and Solicitor General] think without question that the Old East India Company is not to pay the 5 per cent. for their goods which were on this side the Cape [of Good Hope] on Michaelmas day 1701 and that so far as their trade is carried by the proviso for the Old [Company] in the Act of 9 Wm. III c. 44 clause 83 they are bound to have the legal privileges of their charter as to time, discount &c. struck through.
[Write] to Mr. Owen to be here on Friday morning.
The Excise Commissioners are called in. The Attorney General thinks the Officers of Excise cannot go aboard ships: they can attend to see brandies delivered but that is on shore; the Excise Commissioners have no power to seize in their Commission but it is in the King's power to enable them to seize and then the first seizer [whether Customs Officer or Excise Officer] will have it: but the prosecution must be in the Exchequer Court by a jury and not by [before] the Commissioners of Excise or two Justices [of the Peace]. The Solicitor General says none can seize but by an Act of Parliament or by authority from the King or the Treasury Lords.
The Attorney General says there is no colour of fraud in Edwards.
[My Lords order a] warrant as usual, for allowing the taxes on Excise Officers whose salaries do not exceed 100l.
Memorandum: to speak to the Customs Commissioners that the Excise Officers be rewarded for the seizures of brandy. Treasury Minute Book XIII, pp. 51–2.
Oct. 24,
Friday morning.
Present:—Lord Godolphin; Sir Stephen Fox; the Chancellor of the Exchequer; Mr. Hill; Mr. Pelham.
The Earl of Ranelagh [is called in and the following issues to him for the Forces are] ordered.
£ s. d.
for 2 months' clearings from 25 June to 24 August 14680 19
for pay to the Garrisons for same time 2315 10
for clearings to the 4 Companies at New York from 25 April last to 24 June 244 17
for 14 days' subsistence of the Forces in England to Nov. 11 next 7224 13 2
£24466 0
the above sum to be issued out of the following branches of the revenue viz.
of the rent of Hackney Coaches 330
of the 22d. per pound weight on silk [9 Wm. III c. 44] 4844 1 5
of the 25 per cent. on French goods [7, 8, Wm. III c. 20] 6234 8 5
of the 5s. per ton on French shipping [12 Car. II c. 18] 105 12 6
of the arrears of Tonnage and Poundage 1240
of the loans on the first part of the 3700l. per week 7809 7 8
of the loans on the last part of same 3932 10
Write to the [Principal] Officers of the Mint to attend on Tuesday morning and to come prepared to give my Lords their opinions for preventing the currency of counterfeit and diminished moneys.
[My Lords order] Mr. Stratford to have 3,000l. more, making 18,000l.
Mr. Hall acquaints my Lords that he hath sold the King's East India stock and exhibits an account of it amounting to 11,826l. My Lords direct him to pay it into the Exchequer.
The letter [? of direction] for 2,175l. to the Secretaries of State is read and approved.
Mr. Owen and Mr. Harvey are called in. The petition and report for Rickards is read. Owen says Rickards has preferred a bill against him in equity which he has answered; that Rickards has received debts which are due to him and put them in his own pocket: there is 300l. extended and if he may have that he'll be contented: that the King's grant to him was for service to the Crown and for money disbursed by him [Owen].
Mr. Harvey says Owen has recovered 294l. 4s. 8d. from insurers which was due to Rickards (which appears in his answer) besides other particular sums: he shows a letter of Owen which induces [my Lords] to believe that the grant was intended in ease of Rickards.
My Lords admonish Owen to discharge [release] Rickards. He insists upon the grant.
[Write] to the Excise Commissioners to attend this afternoon. Ibid., p. 53.
eodem die afternoon. Present: ut supra.
Mr. Rowe is called in. He desires that the process against him may be superseded. My Lords will advise with the Attorney General.
Write to the Attorney General to come to me [William Lowndes] to-morrow morning and to defer the trial of the seizure of Pain's brandy in Kent till my Lords have considered that matter.
[Write] to the Commissioners of Customs, and of Excise and the Attorney and Solicitor General to attend next Tuesday about the seizures of brandy. Ibid., p. 54.
Oct. 28,
Tuesday forenoon.
Present: all my Lords.
[Write] to the Auditors of Imprests and the Auditors of Crown Revenues to lay before my Lords a new state of all accounts depending before them.
[Write] to the Navy Commissioners, Mr. Dodington and Mr. Done to be here on Friday about the accounts of Sir Edward Dutton Colt's Regiment and desire the Navy Commissioners to bring the account and they need not come to-morrow.
Direct Mr. Auditor Done to be joined with Mr. Bridges in making up the account of the two Mons. (struck through).
[Order for] 20,579l. 12s. 7½d. to be issued to the Ordnance for sea service: to be by tallies on the Low Wine Act [12 Wm. III c. 11].
[Order for] 10,000l. to be issued to the Earl of Ranelagh for the Forces in Holland: to be issued out of loans made or to be made by the said Earl on the last part of the 3,700l. per week: but my Lords will pay no more till they have the account from the Muster Rolls. Treasury Minute Book XIII, p. 55.
Oct. 28,
Present: all my Lords.
On Friday afternoon [next] my Lords meet about making a further distribution to the Civil List. The [Treasury Chamber] doors to be shut.
[Write] a letter to Mr. Gwyn desiring him to acquaint the Lord Lieutenant of Ireland that my Lords have received a letter from his Excellency concerning some mistakes and omissions in the Irish Establishment and [concerning] an authority to be given to the Revenue Commissioners there to reward discoverers of the Forfeitures in Ireland in 1641: as likewise another letter from his Excellency concerning the application of the money appropriated for the Barracks and increasing the salaries to the Barrack Masters: and desiring him [Gwyn] to let his Excellency know that the reason why my Lords have not answered those letters sooner is that greatest part of the matters therein contained requires the King's direction which my Lords must stay for till his Majesty's return which they are in daily expectation of.
The Commissioners of Customs and of Excise come in and the Attorney and Solicitor General. The business relating to seizures of brandy by the Excise Commissioners is again considered. The Attorney General says since his last attendance he has read over the Acts relating to the Excise but finds nothing therein to alter his opinion from what it was to wit that the Excise Commissioners have no power by their commission to seize but the prosecution must be in the Exchequer by a jury and not by the Excise Commissioners or two Justices of the Peace.
The Solicitor General says the [Excise] Commissioners may seize where there is a person that claims the goods but where no proprietor or owner can be found the prosecution must be in the Exchequer. The Attorney General is of the same opinion.
As to the seizure of Pain's brandies my Lords order that the proceedings for the same in the Exchequer do cease and accordingly give verbal instructions therein to Mr. Baker who is concerned in that matter, who promises to take care therein.
My Lords read a letter (the Customs Commissioners being present) concerning Lord Manchester's horses which he desires may be imported Customs free. The Commissioners say it has been the practice to admit the free import by Ambassadors of horses that had been exported from hence but that where they imported new horses they were to pay the Duty. My Lord Manchester is to be acquainted with this.
Lord Godolphin likewise acquaints the Customs Commissioners that they [my Lords] have signed a warrant with a blank for allowing the Customs Cashier an additional salary for clerks, which he desires may commence from Lady Day, 1700 in regard he has been forced to keep additional clerks ever since the date of his patent which was 11 March 1699–1700. My Lords ask them whether that allegation be true. Sir W. Young says their Board have been informed and do believe that it is true. My Lords agree that it shall commence from Lady day 1700 if he has had no additional allowance for clerks already besides the 100l. per an. for the [clerks employed about the] tobacco bonds. Search to be made accordingly against next sitting.
Adjourned till Friday morning. My Lords will meet on Friday afternoon to consider of a further distribution to the Civil List and the doors to be shut. Ibid., pp. 55–56.
Oct. 31,
Present: all my Lords.
[Order for] 300l. to Mr. Verrio on account of his work at Windsor.
[Write] to the Officers of the Mint to attend this afternoon.
[Write] to the sheriffs of London and Middlesex that Mr. Whitley owes to the King a great sum of the public moneys and that they will be liable to a very great debt if he should escape.
Write to Mr. Chetwynd to be here this afternoon without fail.
The Gentlemen of the Bank are called in. It is ordered that out of the money, now in the Exchequer, of the Duty on Low Wines granted 7 & 8 Wm. III c. 30 (after discharging the loans of 70,000l. and interest) there be issued to the Earl of Ranelagh the sum of — to be applied to discharge a warrant for that sum due to the Bank: and after the payment thereof 7,319l. 3s. 2¾d. out of the overplus of the said Duties is to be issued to the Bank for their deficiency due 1 June 1701 according to Lord Halifax's certificate and the Attorney General's report.
Desire that some of the Old East India Company attend on Tuesday afternoon at 5.
Sir William Withers tells my Lords that he is under apprehension Morgan Whitley may make his escape. My Lords tell him there is no agreement making but the Sheriff must be answerable in case of an escape. Sir William says he must take a lodging to secure him. He desires there may be a habeas corpus to turn him over. My Lords acquaint him that cannot be.
[Ordered that] 3,000l. out of — is to be issued to the Treasurer of the Navy for Nathaniel and John Gold, merchants, for the eighth payment upon their contract for hemp.
[Write] to the Navy Board to make forth their bills [on the Navy Treasurer] for 569l. 14s. 10¾d. and 96l. 17s. 4¼d. to the administrator of Col. Edward Dutton Colt by way of imprest for the clothiers [of his Regiment].
The Navy Commissioners, the Victuallers, Mr. Dodington and Mr. Papillon [are called in about the Victualling accounts]. Mr. Mayn says he knows of no money or Exchequer Bills applied to pay debts which should have been paid out of salt tallies and that the antedating the bills to be paid out of salt tallies was necessary. Mr. Lyddal says bills for services after May 1697 were altered to be paid out of salt tallies. Mr. Mayn says that was for the service. Mr. Lyddal [says] there were several bills of the same nature, for the same time and the same service; there was no need of antedating the bills because if the service was before 1st May 1697 the bills might be paid out of salt tallies but there was a time when salt tallies were better than money.
Mr. Dodington says if the Victualling Commissioners have mistaken, it ought not to hinder Lord Orford's account but if Mr. Papillion, as his Lordship's cashier, has acted wrong it will concern my Lord's [Orford's] account.
Mr. Papillon says if he paid any money out of course it was by order of the [? Navy] Board under the Secretary's hand, Cha. Mitchell.
Mr. Mayn says they never gave any such orders.
It is complained that when a General bill was made forth for all the sums contained in several particular bills both the one and the other have been left with Mr. Papillon and so the King may be liable to a double payment.
Mr. Papillon will show all his vouchers to the Comptroller.
Ordered that the rest of the Victuallers' money for this year's service viz. 17,316l. 12s. 9d. be now issued out of loans on the Two Thirds [of the] Land Tax 12–13 Wm. III c. 10.
As many of the salt tallies in the Navy Treasurer's hands as amount to 47,239l. are to be forthwith applied to the course of the Victualling which will carry on the course to the end of March last. The creditors for every 100l. are to have 100l. in principal and the interest which is due from 23 Nov. 1700 but no premium.
[Further ordered] that out of the residue of the salt tallies the old debts incurred before 1st May 1697 be paid as demanded, at the same rate [as above].
Issue process against Mr. Sturt for his account. Treasury Minute Book XIII, pp. 57–58.
Oct. 31,
Present: all my Lords.
The [Principal] Officers of the Mint are called in.
Write to the four Tellers of the Receipt, and the Receivers of Customs, Excise, Post Office, Wine Licences and to Sir Thomas Cuddon and the Agents for Taxes to be here on Tuesday morning.
Mr. Yong to have his half year's annuity.
[Order for the issue to William Lowndes of] 400l. for secret service.
[Order for the issue of] 100l. to Lord Hunsdon out of secret service. Ibid., p. 58.