Minute Book: July 1669, 21-31

Pages 112-126

Calendar of Treasury Books, Volume 3, 1669-1672. Originally published by His Majesty's Stationery Office, London, 1908.

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July 1669, 21-31

July 21.
Present: Lord Ashley, Treasurer of the Household.
John May called in about the Dean Forest business. The money to be paid by Mr. Agar. Mr. May offers that in regard there is 3,000l. worth of wood sold of which 1,500l. only for Mr. Maynard and the other 1,500l. for the enclosure which will go a great way they may make no more bargains till an account is made of the expenditure of this. A letter to be sent to them [the Commissioners for Dean Forest to this effect]. Also write the verderers and Mr. May not to suffer any sheep to go into the forest and not to suffer the colliers to have any wood unless they buy it, this being cut off by the Act [of Parliament 19 and 20 Car. II. c. 8 for Dean Forest]. Authority to be sent to Mr. May, as supervisor of the woods to take care of the preservation of them. Mr. May to bring in a paper of all these particulars in writing on Friday next and then these things to be all done. Ordered that Mr. Agar pay 50l. to Thomas Griffin for his horse whose leg was cut, he being the man that hindered and quenched the fire in the woods last year, and who prosecuted the party conceived to have begun that fire. Write Mr. Agar to attend my Lords this day week to give them satisfaction why he did not acquaint Mr. May in time with the time of the meeting for the sale of the wood when the bargain was made with Mr. Folie, also why he took away and entertained Mr. May's servant without Mr. May's consent. Mr. May moves for 40 tons of timber to be allowed to the town of Coult and they will build a speech house for the forest over their town house. Ordered that Mr. May treat with the town about it.
Mr. Jaye and Mr. Folie called in with Mr. Jaye's auditor, and the state of Jaye's account is produced as Receiver of Crown revenues [for Norfolk &c.]. Ordered that he dispatch his firehearth account, and then my Lords will consider both.
Sir Robert Crooke, Auditor Osborne, the Lord Treasurer's Remembrancer, and Sir C. Harbord are called in about Mr. Napier's account [as Receiver of the Duchy of Cornwall]. Ordered that the Auditor of the Duchy of Cornwall and the respective auditors be always present in the Court of Exchequer when the sheriffs are apposed. Order to be given to the Marshal of said court to give notice to the Auditors. Mr. Bernard, of the Lord Treasurer's Remembrancer's Office, is to draw the warrant for the above arrangements and to send his draft to my Lords on Friday next. Mr. Burnett says that the sheriffs of Cornwall, though appointed by the Duke of Cornwall, should accompt in the Exchequer even when [there is] a Duke [of Cornwall]. Ordered that Sir R. Long, Sir C. Harbord, Sir R. Croke, Mr. Bernard, and Mr. Sherwyn consider together whether when the Duke of Cornwall's revenue is charged in the Pipe and levied [i.e. when any part of the said revenue is recovered by process] it should by order of my Lords be paid to the Receiver of the Duchy or into the Exchequer, and hereupon that they consider whether such process were upon aid required on behalf of the Duke of Cornwall or not, as is the case of the 50l. a year payable by the town of Coventry: also that they consider whether a different course is or may be held in this matter when there is a Duke of Cornwall and when there is none. Sir C. Harbord presents certain rules and directions on Mr. Napier's account as Receiver of [the Duchy of] Cornwall. Order for the arrest of John and William Haynes on Mr. Napier's account and similarly in all other places where the words process or messenger is written in the [margin of the] accompt. Write Mr. Seymour of the Bedchamber to pay the arrears as follow which appear to be standing out unpaid in Napier's account, viz.: 76l. 10s. 0d. for the borough and passage boat of Saltash for 4½ years to Michaelmas, 1668, and 8l. for the rent of the manor of Stratton Sanctuary for the year ended 1666, Michaelmas, and 9l. for the increase of rent of a tenement in Cranowe for 4½ years to 1668, Sept. 29; and 18l. for the increased rent of a tenement parcel of the said manor of Stratton Sanctuary for the same time.
Write Mr. Vivian, owner of the manor of Talskiddy ("Talkesdy or Talsheth") in Cornwall to give my Lords an account why he did not assessioneer, that is, appear about Michaelmas last at Liskeard before the Commissioners appointed for the assessioning of the manor of Talkesdy and others and there enter his taking according to the custom of the manor.
Sir George Carteret's secretary to be heard on Friday about certain lands of his taken in at Plymouth for making the fort there.
Write the Earl of Bath that he answer for his bailiffs in the Duchy of Cornwall.
Mr. Fisher and Mr. Napier to meet Sir G. Downing and Mr. Ward to-morrow about drawing the directions on the several rules on Mr. Napier's account, and then all these things [above on p. 113 are] to be despatched.
Sir C. Harbord, Sir G. Downing, and Sir R. Long to consider what is fit to be allowed to the officers of the Duchy [of Cornwall] in lieu of their fees for post coinages taken away by the convocation [of tinners] for ten years, of which six are expired. The petition to be looked out. Also that they consider why Mr. Syms, the Deputy Auditor, has not had his allowance for the Duchy accounts yearly.
A commission ordered for assessioning the assessionable manors.
The Lord Chamberlain's letter is read about Mr. Legouse's docquet. Sir R. Long, Sir Gilbert Talbot, and Sir G. Downing to consider the docquet and whether this is a new office or of how long standing, and with what fees.
Sir Tho. Littleton called in. Ordered that his papers be considered on Friday when the late Farmers of the Customs have been heard by the King.
Dormant warrant for Dr. Clarke.
[Treasury Minute Book III. pp. 152–3.]
July 22.
Present: Lord Ashley and Treasurer of the Household, together with the Lord Keeper, Duke of Ormonde, Duke of Buckingham, Secretary Trevor, Lord Chief Baron, Sir R. Long, Sir C. Harbord, Attorney and Solicitor General, Mr. North, the King's officers of the Customs [of London port] and Mr. Lawrence.
The late Farmers of the Customs are called in and heard by their Counsel and their petition and reference is read. Mr. Montague [the said Farmers Counsel] offers [for my Lord's consideration] that plague, war, stoppage of trade by proclamation, &c., fell upon them during the last two years of their farm and in part of the third year [viz. in all quite] two years but that they cannot distinguish what [defalcations] to demand for these years on each head but on the whole [they] demanded to be defalked by a medium of what they made the first three years. Mr. Thursby also pleads for them: says that they have paid their full rent for the first three years, allowing 20,000l., &c., for what they paid on their tallies on the late [Customs] Commission account: desires defalcation for [all individual warrants] setting aside the Acts of Trade and Navigation by order of Council of the 6th of April, 1664. The Attorney General says they were heard at [the Privy] Council and consented to these orders of Council and it was for their advantage. Then [they demand defalcation] for the prohibition of the importation of the goods of Holland, France and Denmark, also for prohibiting trade to the Canaries and [the prohibition of the import of] Irish cattle. To which [the Attorney General] answered consider the number of prizes brought in. Then they urge the general damage by the war and plague. The Solicitor General says they ought to have no defalcations on these heads: that if all they have received from the beginning of their farm to the end [be computed] and their charges allowed they have received 140,000l. gain and yet [be able to] pay all that remains due from them. If the King will go by a medium it will be most unequal to go by a medium of the first three years, for then the King may give them more than possibly they may have got if [there had befallen] no plague or war. But the equal way is to take the five years together and thus there will be about 340,000l. due to the King. Moreover by their covenants the King might either choose their surrender or give them defalcations, but they did not offer to surrender in time. But if the King will suppose 'twas surrendered and make them accomptants for the last two years, yet besides the 20,000l. in the first three years there will be due to the King near 177,000l., allowing 5,000l. for charges per an., and [to the Farmers] each 3,000l. per an. for their pains. But Mr. Solicitor says he sees no reason why His Majesty should proceed anyway but by a medium of five years. Mr. Mountague says they have been at 120,000l. per an. charge. The Solicitor General says that 50,000l. per an. is a moderate allowance [for the yearly charge or working expenses] and no reason for more, besides that in regard that at the three years' end they did not offer to surrender, whereby the King might if he would put in his own officers, therefore in strictness they can ask nothing of this kind. Mr. Thursby says that they conceive the election [as to surrender] was in them, not in the King. The Duke of Buckingham asks if the King's bargain be [that] they [the Farmers] must every year get [a medium profit of] 100,000l., so the Lord Chief Baron asks if in case [the yearly Customs receipts for say] four years were 500,000l. per an., and one year but 39,000l. [sic for 390,000l. probably] whether the King was bound to make up that year to 500,000l. They say they would [desire to] have what [profit] reasonably they might have made of the farm during that time. They also say, suppose their farm had fallen short they must have made good their rent if not upon accompt of their covenant. The Lord Chief Baron, the Attorney and Solicitor General say that the equallest way is by a medium of five years.
The Solicitor General says that the King may recover his rent by process: that they can only ask defalcations by English bill, and that they wont get such defalcations [at law] as they demand. The Lord Keeper says there is 35,000l. short paid of these two years, and that he thinks it reasonable they pay that before they are admitted to an accompt.
His Majesty declares that the Auditor [shall] make a state of their receipts and charge for the whole five years, and that they [are to] pay in presently the 35,000l.
Then the Farmers and their counsel withdraw, together with the King's [Customs] officers [of London port].
Then His Majesty declares that they keep the profit of the three years, that they accompt for the two last years, [that they shall] have 70,000l. per an. [allowed] for [expenses of] management and debentures, and 3,000l. per an. [each as farmers] for their pains, and pay down the 35,000l. presently, viz. in six days: also [that they are] to accompt for the whole five years: that if they promise not to pay the 35,000l. in that time then process of immediate extent [is to] go out against them forthwith for the whole rent.
Then the Farmers are called in again with the King's officers [of the Customs, London port], and the Lord Keeper declares this to them. The King also declares to them that as to their charges of collection, if the 35,000l. [be] paid he will hear them again by a medium of what the charge [of collecting amounted to] in Cromwell's time when the Customs were in commission, and [what the same charge amounted to] for a year while in their farm, and [will] hear what salaries they have paid for the last two years.
Sir John Shaw says they got but 80,000l. amongst them the first three years. They offer to pay 15,000l. down. The King says he must have 35,000l. presently. Sir John Wolstenholme offers 20,000l. The King offers at last to accept presently 30,000l. But that if they will stand upon their covenants they cannot be denied that. They say they cannot pay down 30,000l. So His Majesty declares that process of immediate extent for the whole of their rent go out immediately. A warrant ordered to the Treasurer's Remembrancer. If they come to-morrow His Majesty declares he will not accept under 35,000l. present money. A warrant to the Auditor to make out forthwith a constat of debet of their farm.
[Treasury Minute Book III. pp. 154–6.]
July 23.
Present: Lord Ashley, Treasurer of the Household.
Mr. Newport called in: moves for money for the Wardrobe. They shall have money at Michaelmas deducting what the [salary of the] 16 grooms comes to and 11 coachmen's liveries and 3 footmen's liveries who are extraordinary, these things being all new: and the rest of the money to be then paid above the fund [for the Wardrobe] for that year at Michaelmas.
The Earl of Dover called in: moves for a warrant for his creation money. Warrant ordered for a year on same, to be assigned on the [Customs rent of] August next.
The warrant for the [Exchequer Court] officers to be at the [sheriffs'] opposals is to be prepared according to the draft.
Sir G. Carteret's secretary called in. Ordered to apply to Sir C. Harbord for the value of the land taken from him at Plymouth.
Sir Tho. Estcourt called in and the report in his sister's case is read about some difference in account between her husband and Mr. Colvile. Ordered that Mr. Colvile and Sir Thomas be heard on Tuesday next.
The Earl of Lauderdale's warrant for 1,000l. and the remainder of the Duke of Buckingham's warrant for 1,000l. are to be paid on Sir John Robinson's customs tally if it will bear it and then the 200l. warrant for Mr. Stanny and Mr. Dempsie.
Viscount Brouncker and the rest of the Queen's Council are called in and present a state of what is due to Her Majesty. And they say that less than 10,000l. will do them little good. My Lords say they will see what they can do to provide 5,000l. ere the King go out of town.
Thomas Gallet's petition read and referred to Sir W. Doily.
Sir Edw. Griffin called in. My Lords say they will take care of their [the Treasurer of the Chamber's] bills very soon: that as to the second half-year's wages of the King's servants [payable by the Treasurer of the Chamber] nothing can be done till after Michaelmas.
Sir W. Doily's report on Capt. Brabant's account read. Ordered that he have 150l. allowed [in account for the charges he has been at in bringing 30,000l. of the money of the assessments from Newcastle to York]. Write Auditor Aldworth to this effect. Brabant to pay in his balance in ten days and process against him to stop.
Mr. Tyack called in. Whereas he has informed my Lords that several rents of the manor of Ruthin will be lost after Michaelmas, ordered that the Receiver [of Crown revenues for North Wales] levy those rents and that Tyack attend the Receiver herein. Give Mrs. Crane notice hereof.
Sir Tho. Litleton to attend on Monday about his demands for money for the Navy.
Sir William St. Ravy's nephew called in: moves for some money upon Sir William St. Ravy's pension: says [he has] no other business in England and is speedily to return back. Warrant for 200l. on the loans on the land revenue.
Bevis Lloyd called in with his Auditor about his firehearth account. Ordered that 100l. be allowed him and that 122l. be presently paid into the Exchequer and the account passed.
Ordered that if Mr. Walker, Usher of the Exchequer [Court] let his house to anybody he be suspended.
[Treasury Minute Book III. pp. 156–7.]
July 26.
Present: Lord Ashley, Treasurer of the Household.
A privy seal ordered to discharge Mr. Scowen of the super on his firehearth account, on the affidavits that he could not levy it.
Warrant dormant for the Earl of Carnarvon.
Mr. Boothe's petition to be referred to Sir W. Doily when brought in by him.
The Earl of Carlingford called in: moves on behalf of Viscount Dillon, and his docquet is signed.
Sir R. Long to attend to-morrow at seven in the morning to meet the Treasurer of the Household.
Warrant for a year on Prince Rupert's creation money.
Lord Wotton and Lord Alington called in: move for their defalcations on the Post Office. The privy seal is read. Ordered that the Secretaries must make their certificate to the King, and then the King's warrant must come hither, and then my Lords will do it.
The late Farmers of the Customs are called in; say they will pay the sum demanded by His Majesty, viz. 35,000l., whereof 20,000l. shall be paid this week [5,000l. to-morrow and 15,000l. more in very few days], and the remaining 15,000l. in such time as shall be given them by my Lords. Give Sir R. Long notice hereof, and direct him to take care that none of this money be issued out, but by my Lords' warrants; [said warrants] particularly mentioning the said sum: and desire him to meet the Treasurer of the Household at the Treasury to-morrow with his advice as to the distributing this money.
My Lords say they will speak with the Treasurers of the Navy and give them what [extension of] time [for perfecting their accounts] they can; and that they and their auditor attend this day week to expedite their account. Warrant for stay of process till further order.
Mr. Dawes called in in the presence of the Customs Farmers about having stolen custom. Mr. Ophley says that he is now in custody on a complaint from the Excise men for only 5l. custom, and therefore prays time. Ordered that he be heard on Wednesday at the Privy Council about the Excise complaint. Also my Lords declare he shall have no composition in the Exchequer; also that in regard the Farmers complain that he has compounded several times [for the like offence] my Lords will move at the Privy Council that he be bound to his good behaviour.
Ordered that the Serjeant bring a list of his prisoners to-morrow.
Booke Bookey called in and his petition read: prays that in regard of the prosecution against him at law he be discharged from custody here. The Privy Council to be moved that he, like Dawes, be bound to their good behaviour, and that Bookey attend the Privy Council on Wednesday next in the matter of the complaint against him from the Customs Farmers. Write Mr. Lawrence to bring my Lords the affidavits in the matter on Wednesday morning.
Sir John Bennet or some one on his behalf is to attend tomorrow about the business of Mr. Billing to shew cause why Billing may not be released of his engagement to attend at the Treasury when summoned.
Warrant for the Venetian Ambassador for 30 tuns of wine: to be on August next on the Customs.
Mr. Snow called in about his account of the Aids; together with his Auditor. Warrant for stay of process, there being no money remaining in his hands.
Sir Tho. Litleton called in and his paper of demands of money for the Navy, viz. for 15,000l. [is read].
Warrant ordered on the ordinary [of the Navy] whereof 10,000l. to be paid the first week in August and 5,000l. more of it the first week in September. The warrant [to be made out] presently and the months [of the Customs rent on which it is to be drawn are] to be pitched on by the Treasurer of the Household. Write Alderman Backwell [for the Customs Farmers] to furnish the money. Then Littleton also prays for 10,000l. extraordinary money to be paid about the first week of September, with it [to meet] the third 10,000l. of the 40,000l. for extraordinaries promised when the Duke of York was here. Warrant [for this sum] on the loans on the [Crown] land revenue. [Littleton also demands] more for a quarter's pay for the yearly 13,000l., whereof 5,000l. [is ordered to be paid] out of the 35,000l. to be paid in by the late Farmers of the Customs and 8,000l. out of the loans on the land revenue which [latter is] to be present money and is [to be extra to or] besides the Navy ordinary and the 40,000l. promised to the Duke of York. [Littleton also demands] that my Lords will indemnify the Treasurers of the Navy for the 500l. per week [paid] for old tickets. A letter to [be given] them to this effect and then they will not trouble my Lords for present money for this business. Ordered that 2,604l. for paying off the "Leopard" be provided out of the 35,000l. of the [late] Customs [Farmers' money] and money to be provided for the rest of the ships as they come in. Order for 2,500l. on the loans on the [Crown] land revenue: to be for the pressing occasions of the Navy not comprised under any of the former heads.
Mr. Deering's accompt declared.
Mr. Sparcks called in about the Imprest rolls. Ordered that he examine the rest to see if any in them have accompted, and that he bring them on Wednesday.
Write Baptist May that my Lords find several sums set upon him upon account for healing medals, and that he quicken his account of same with the Auditor. Write the Auditors of Imprests to repair to May for said account.
Write Sir Allen Apsley that there is about 3,000l. in super on the Duke of York as Governor of Portsmouth: that my Lords have stopped further process, and that he hasten the accompt.
Warrant for Col. Progers on Mr. Roger's privy seal.
Warrant for Sir Gabriel Silvius.
[Treasury Minute Book III. pp. 157–9.]
July 27.
Present: Lord Ashley, Treasurer of the Household.
The draft of Mr. Menill [Meynell's] warrant, as also that of the Earl of Anglesey's warrant for transferring orders to Capt. Cock, are delivered to Sir R. Long to consider. "That of the Earl of Anglesey is returned back again to me" [Sir G. Downing].
Sir R. Long to attend to-morrow morning to meet the Treasurer of the Household about assigning the 35,000l. [which is to be paid in by] the late Customs Farmers.
The warrants for Dean Forest are to be prepared as desired by John May in his paper.
The remainder of the 7,500l. late Customs tally is to be assigned [as follows, viz.] 1,000l. to the Earl of Lauderdale, 1,000l. to the Duke of Buckingham for horses, 200l. to Stawny and Dempsy, 240l. to Sir Godfrey Lloyd (a warrant vacating the former warrant) and 60l. and 90l. to Lady Sayers on her pension.
As for the warrant for the abatements of the Irish farm, Sir G. Downing is to see that the abatements for each year be rightly inserted in it [the said warrant]. Quere if 15,000l. is to be abated for the third year? See if the Excise do not begin in a quarter of the third year, and then they must not have full 15,000l. that year.
Letter read from the Commissioners of the Navy about the beeches in New Forest. Ordered that they have then a letter to the officers of the forest, but the King to be acquainted with it.
Mrs. Play's business to pass by a privy seal, as reported by Sir R. Long and Mr. Sherwyn.
George Porter called in. Dormant warrant for his Custom House office [in the same way] as Mr. Seymour and Mr. Warwyck [had].
Sir W. Doily to attend to-morrow about the Tax [Office or Office of Exchanges at Great St. Helens] business.
The privy seal about issuing the loans on the [Crown] land revenue is to be prepared and written fair for the King's signature.
Mr. Colvile and Sir Thomas Estcourt to attend on Friday about the business in difference between them.
Write Sir R. Long to issue out [despatch] the imprest roll of the money paid to Mr. Slingsby for the coinage.
Mr. Lawrence called in: brings in the warrant and the book [of schedules of lands] for the [loans on Crown] land security: which is carried up and signed by His Majesty.
Warrant on the old [10,000l.] dormant for 100l. to Charnock, without accompt, and to be employed as my Lords shall direct him: and to be out of the 35,000l. to be paid in by the late Farmers of the Customs.
Mr. Ellis and Mr. Billing called in. Ordered that Billing must shew how he has issued the money he touched of the King's of the Post Office, and that he give his own security so to do before the 20th of October: also that he deliver up the 150l. bill on Mr. George Cooke [? Cock], which he confesses to be money belonging to the Post Office: which he accordingly did. Billing desires time to Friday to give his answer how the other money was disposed, and whether he will give security or not as desired.
The Attorney General's report read on Sir William Wraye's petition. Ordered that the report be signed by the Attorney General and that the queries written in the margin be answered.
Lady Fisher to have 500l. out of the late Customs Farmers' 35,000l., and Lady Richmond 1,000l. out of same.
Mrs. Dorney's petition read. Warrant for 20l. for her. To be considered to-morrow where [on what fund] to place it.
Sir G. Downing to speak with Sir R. Long about the 500l. for Mr. Weld by tally on the land revenue.
The [late] Lord Treasurer [Southampton's] warrant for Mr. Bathurst is to be made good. Warrant ordered.
Sir Edw. Honywood's docquet read. Examine when the patent for his baronetship bears date and why a new privy seal.
Mr. Bowdler called in and his poll petition is read. Ordered that he pay in the full of the money but be discharged of the 12 per cent. charge, the money having been kept upon pretence of money on that accompt. Also Bowdler's petition about his firehearth accompt is read. The King to be moved about remitting the 337l. 17s. 1d. in consideration of his pains, losses and his loan of 100l. to the King.
Mr. Crooke's docquet read. Resolved that this is a business my Lords ought to be acquainted with ere it come to [the stage of] a docquet.
Petition read from Sir Daniel Tyas, and Mr. Souls is called in. Also Mr. Lawrence's report about the Vaughans [is read], both papers relating to the tolls of Worcestershire. Both are ordered to be reported to the King.
Ordered that Hill's petition be sent by the messenger to Coates to shew cause why the prayer may not be granted.
Mr. Lawrence's business about is to be considered on Tuesday next, and her petition to be then produced.
The King to be moved about the 40l. in arrear from Capt. Chaloner on his firehearth accompt for Somerset.
As Sir C. Harbord did not come to the Treasury this morning, Mr. Ward's petition is to be considered on Tuesday next, and Sir C. Harbord and Mr. Ward to be then here.
The Earl of Carlingford to be heard on Monday morning about his order of Council about wine licences. Notice to be given to the Lords of the Council of Ireland and the Secretaries of State.
Mr. Cardonell's report to be considered to-morrow.
The Treasurer of the Household will be here to-morrow at seven in the morning [for the purpose of meeting Sir R. Long to discuss the assignations to be made on the late Customs Farmers' 35,000l.]
[Treasury Minute Book III. pp. 159–161.]
July 28.
Present: Lord Ashley, Treasurer of the Household.
Sir C. Harbord to be spoken to whether it might not be advisable to have Commissioners or some persons of trust to go from manor to manor of the Duchy of Cornwall to agree with the tenants about the said tenants' buying in their improved rents [for the purpose of expediting the raising of money upon the said improved rents].
Mr. Booth's petition referred to Sir W. Doily.
Mr. Slingsby called in: says that the Attorney General delays his indenture of the Mint by pretence of much business and he moves about appointing a time for trying the Pix before [the said Mint indenture is completed] which he says may be done. Ordered that copies be written out of such articles of the indenture as are now passing. Slingsby to get them written out and to give them to each of my Lords and such of the [Privy] Council as are to be present at the trying of the Pix. Tuesday next is fixed for trying the Pix at 9 in the morning at the Star Chamber. The [Privy] Council to be moved in it and notice to be given to Sir R. Long.
Mr. Cardonell's report is referred to the Solicitor General.
Write Secretary Trevor about Mr. Crooke's docquet for [a grant of the office of] Clerk of the Pipe.
Write Sir W. Doily to bring to my Lords on Monday next a statement of what part of the charge of the office of [Exchanges at Great] St. Helens and the things that belong to it may be retrenched at Michaelmas next [in anticipation of the gradual termination of the receipts from and the orders and borrowings upon the Royal and Additional Aids and the Eleven Months' tax]. Consideration to be had between this and Michaelmas next about a person to be employed [in the Exchequer] to borrow money in the Exchequer [to take the place of the imperfect borrowing machinery already existing in the Office of Exchanges at Great St. Helens and in view of the present operations of raising money by sale of and loans upon the fee farm rents and other land revenues of the Crown].
Mr. Morice's privy seal is to have inserted in it that it is not to exceed 2,000l. per an.
Sir R. Long to certify whether the Earl of Anglesey has assigned the orders mentioned in the warrant to Capt. Cock, &c.
The report in Sir Thomas Strickland's case is to be carried up to the King for his pleasure in it, and [as to] whether it shall be tendered to Council.
Sir W. Doily to be heard on Friday at eight in the morning.
Mr. Agar called in. Ordered that he and John May be heard next Friday about Agar's employing May's servant without timely notice of the meeting when the cordwood [in Dean Forest] was sold.
Search to be made at the Signet [Office] by what Secretary the warrant was passed for giving Mr. Killegrew the 1,095l. for Sir Thomas Stanly's dignity of Baronet. An accompt hereof to be given to my Lords on Friday.
Mr. Willo's warrant to be drawn for 500l. by tally on [the loans on] the [Crown] land revenue.
Mr. Harvy called in. My Lords tell him he shall have [for the Queen] 5,000l. of the [late] Customs [Farmers'] 35,000l. and an assignment for 5,000l. more. Also a privy seal for the remainder of the money due to the Queen. The paper is here which shows the sum.
The Treasurer of the Household will be here with Sir R. Long on Friday at 7 in the morning about disposing of the money to be borrowed [on the Customs of November, Feb. and March next].
[Treasury Minute Book III. pp. 161–2.]
July 29.
Present: Lord Ashley, and Treasurer of the Household; and then came in the Lord Keeper, Earl of Orrery, and Lord Arlington, with the Attorney and Solicitor General, Sir C. Harbord, Sir R. Long, and Mr. Sherwyn.
They took into consideration His Majesty's order in Council and Alderman Bucknall's new proposition for farming the arrears of Ireland. The said order and proposition are read. Alderman Bucknall called in, is asked by my Lords if he mean [his proposition to cover all and] any arrears before March, 1659–60, [and up] to the 20th of March, 1667–8. He says he means none due before that time [March, 1659–60], also none [that have been] pardoned within the above dates either by Act of Oblivion or by letters patent if enrolled. The Earl of Orrery says that upon an address from the General Convention in 1660 the King did by order of Council remit the Crown rents and quit rents, which were due to and upon 25 March, 1660. Alderman Bucknall says he must consider of this. My Lords say there are general words in his new proposition, viz. "the arrears of any other branch of the King's revenue," whereas by order of Council he was to bring particulars. He says he intended not particulars only, on the contrary, he intends by them [the said words] the whole arrears in Ireland.
Ordered that the proposition of Alderman Bucknall and the order of Council [thereon] be entered in Downing's Journal book for Ireland, as also the first proposition [submitted by Bucknall].
Alderman Bucknall asks if he be to make any new agreement. He says that he only understands that his business is to adjust covenants on the agreement he has already made with the King, and that he cannot go upon any new agreement. My Lords ask what that agreement is, whether it be any paper that was brought to the Treasury. He says no; but that the first paper brought hither is only what he would have been willing to take. My Lords tell him they know of no old agreement. Both secretaries say they know of no old agreement nor of any other than what has been produced here. Further my Lords say that the question is not yet about the covenants but about the particulars to be granted. Alderman Bucknall says he will name particulars but still as under the agreement he has already made with the King. My Lords say they know of no such agreement; that the King has not acquainted them with such agreement.
Upon the former supposition he demands:—
(1) the arrears on all the branches [of Irish revenue] already farmed to them [Bucknall and his partners in the farm of the said revenue].
(2) the Composition rents: which is old rents reduced to a certainty.
(3) the Pre-emption money: which is the power of buying out the certain mortgages to the King.
(4) the profits of the Hanaper.
(5) the King's silver.
(6) the First Fruits and Twentieths.
(7) the impropriate tithes, viz. from the time they are to have arrears to the time the said Tithes and Twentieths were restored to the Church.
(8) Poll money.
(9) subsidies, except the two last subsidies.
(10) the 5s. per ton on French tonnage.
(11) certain other monies granted to the King by Act of Parliament [in Ireland] since 1659–60, March 20.
(12) money raised by any order or ordnance of the Convention since March 20, 1659–60, or due from that time.
(13) the arrears of certain houses and lands which [were] excepted in the grant [of the farm of the Irish revenue] and let for under 21 years; and such as were let without leases or kept [by private individuals] with any title. This, says the Attorney General, will go [extend] to all defective titles and to all derelicted lands.
(14) the arrears of Custodium rents. The Attorney General says this will include all idiots' [custody] rents, and all Court of Ward rents, unless extinguished by Act of Parliament. Alderman Bucknall says he means only exchequer leases of Custodiums, and not lunatics nor Wardships.
(15) any forfeited recognizances, statutes, or bonds entered into to secure any branch of His Majesty's revenue or [for] making good any contract or agreement with His Majesty; except recognizances or bonds at sessions or elsewhere to secure the peace or good behaviour, or bonds for appearances or anything of that nature. The Attorney General says that all he can pretend to must be to be paid what is due out of those bonds with charges.
(16) prize goods and ships [taken] within the abovesaid period if the goods were delivered in Ireland wherever sold; and embezzlements of those prizes, except the Genoa ship.
(17) the arrears on seizures of imported and exported goods, viz. the King's part. My Lords say this belongs to the Farmers of the Customs. Mr. Bucknall says that he demands not what has been granted to any other, but for some time the Customs were in commission, and [for] that [period the produce of the Customs] was due to the King, and he and his partners would have [the arrears on] that. The Solicitor General says this is having the benefit of the penal statutes.
(18) the arrears of all imprest moneys which [have] not [been] levied out as they ought or not accompted for.
(19) the balances, rest and remainder and errors of all accomptants' accompts.
But Alderman Bucknall excepts:—
(1) all that [has been] pardoned by the Act of Parliament and letters patent before 1667–8, March 20.
(2) the 300,000l. granted to the King by the Explanatory Act.
(3) the two subsidies due before 1667–8, March 20 and paid since.
(4) the quarter's rent of the inland excise and all licences due before 1667–8, March 20, and received since which [amount to] about 9,000l. My Lords ask him if [there be anything of the] Xmas quarter, 1667, or [of the] halfyear of the Customs unpaid on 1667–8, March 20, whether he expected to have it. He says yea and because he thinks they [the farmers thereof] have it yet in their hands under pretence of defalcations. But for what shall be deducted to them [the Customs Farmers of Ireland] for defalcations by authority that he and his partners demand not that, but all the rest.
(5) all the arrears of the new quit rents: which amount to above 90,000l.
(6) all arrears of fines [and] penalties imposed which do not arise or are imposed for securing of any branch of the King's revenue or duties. The Solicitor General asks whether he means to have the arrears and mean profits of the Dublin Ordnance money and English arrears. He says not, if they be legally out of the King. Further as to the 30,000l. defalcations he says he is to have none of it but for money of his received by the King since 1667–8, March 20, and [that] for money pardoned or given since that date by letters patent to the 1st of May last and entered in the Court in Ireland on record [he is] to have no defalcations.
Ordered that the King's Counsel [the Attorney and Solicitor General and the King's Counsel learned in the law] consider these things and offer [their advice to my Lords] how practicable and how legal the granting of them may be. Sir C. Harbord says he thinks such a grant were imprudential.
[Treasury Minute Book III. pp. 162–5.]
July 30.
Present: Lord Ashley, Treasurer of the Household.
Mr. Finch called in: informs my Lords that he has settled the office of searcher of Kent according to my Lords' late warrant.
Sir Tho. Escourt and Mr. Colvile called in about Sir Thomas's sister, Mrs. Estcourt's money in his hands. Mr. Colvile offers to refer his accounts to any referees. Sir Thomas says Mrs. Escourt has nothing to do with the account, but that this is the King's money, and he will refer that business to any, but not the whole matter. Sir Thomas says the account is adjusted, and that he only owes 27l., which he offers to pay. My Lords say that, seeing there is a difference between them, they cannot take any money in a banquier's hand to be the King's unless owned by the banquier to be such or which can be proved to be such. Sir Thomas Escourt to send back the petition and affidavits on Monday morning, and process to stop against Mrs. Escourt till Michaelmas term.
Mr. Hutchinson to have liberty to go into the country to the assizes on sufficient security to the Serjeant.
Sir C. Harbord called in about appointing a person to go into the country to the several manors of the Duchy of Cornwall about their buying in their improved rents. He says he will conceive an instruction [for such persons] and bring it to my Lords.
Mr. Billing called in. Ordered that he and Mr. Ellis be heard together.
Report read from Sir C. Harbord about Sir George Carteret's land at Plymouth, and the party that follows the business is called in. According to Sir C. Harbord's report the land [is] not necessary for the fort, and the party says that the land is yet in Sir Denys Gauden's hands. My Lords say that if [the land be] taken in [for the purpose of the fortifications] they will give satisfaction for it, but not till then.
Mr. Clutterbuck called in. Warrant ordered for his allowance as formerly [as Receiver of Poll money], and a warrant to discharge him of the 12 per cent. [charge on delinquent receivers].
Warrant ordered for the King's signature for 250l. for Lord St. John, as desired in his letter.
The propositions about regulating New Forest are to be considered on Monday week.
Mr. Gallatt's report read, and Sir W. Doily called in with Mr. Browne, the solicitor. Warrant ordered to discharge him of the 12 per cent. [charge on delinquent receivers] and to stay process. [They] say the arrear in Hampshire is not now above 800l.
Sir W. Doily to be heard on Monday morning about the arrear of the Aids.
The [late] Farmers of the Customs to be heard on Tuesday afternoon (as my Lords cannot hear them on Monday next by reason of other occasions) about their late accompt and about their present paying in 20,000l. and settling the times of paying in the remaining 15,000l.
The warrant for the 15,000l. per an. abatement to the Irish [revenue] Farmers is to be returned to Lord Arlington with the alterations in the sums [contained therein].
Mr. Cole called in. Ordered that he be dismissed in regard that Preston did not attend.
Write Auditor Aldworth that in stating Alderman Backwell's interest accompt from Dec. 25 last to June 24 last he allow interest [at 6 per cent.] and reward [at 4 per cent.] for what appeared due to him at Xmas last, viz. from that date till the date of repayment of the principal.
Talbott called in: moves for stay of process on Col. Strowd's firehearth accounts. Stay of process ordered.
Alderman Backwell and Mr. Booth, the Receiver for co. Chester, to be heard on Tuesday next about the difference between them about a tally.
Mr. Pretyman's interest money is to be placed on the [late] Customs [Farmers'] 35,000l. Dr. Clerke and Walderne to have a year on the same fund.
The draft of a commission about discoveries is referred to the Attorney General.
John May and Mr. Agar to be heard on Tuesday morning.
Mr. Tresum's warrant is to be for a year on [the Customs of] November next if it will bear it, and then for the future on the last half year of the farm. The like for Sir Philip Warwyck's son.
[Treasury Minute Book III. pp. 165–6.]