Entry Book: May 1679, 12-20

Pages 54-62

Calendar of Treasury Books, Volume 6, 1679-1680. Originally published by His Majesty's Stationery Office, London, 1913.

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May 1679

Date. Nature and Substance of the Entry. Reference.
May 12. Henry Guy to the Auditor of the Receipt for copies of the patents to the Earl of Peterborough and others concerning the business of the Greenwax: and to deliver same to Mr. Burton who is to attend the Attorney General in order to the vacating thereof. Out Letters (General) pp. 44, 50–2.
Followed by. (a) copy of the proposals about the revenue from fines and forfeitures ut supra. p. 19, under date April 14. (b) Statement in extenso of the case of the state of said revenue. The abuses connected with said revenue are (1) as to forfeitures on penal statutes: many informations begun and prosecuted are compounded and agreed by combination with the under clerks without the judge's privity and are not entered on record: (remedies: all actions and informations to be recorded and none compounded without the judge's privity). (2.) Issues of jurors are now spared by the clerks &c. for small bribes, and so the subjects are oppressed by corrupt verdict of tales men [or substitutes]: (remedy: the Act of Parliament for prevention of officers to spare jurors upon principal panels being expired, it is fit that no juryman whatever be excused but by the judge's express order). (3.) As to forfeited recognizances and fines upon contempts and misdemeanours the Exchequer charges for suing out a quietus are 6l., 7l. or 8l. and the party under forfeiture being able to pay some part to the King would willingly do it. But he knows that if he appear and the Court admit a composition and discharge the fine for 5s. or 10s. yet he cannot be actually discharged till he has sued out his quietus. He therefore chooses rather to be in fee with the bailiff to return nichils and the process issues out de novo until discharged. The bailiff thus oppresses the subject by receipt of constant bribes to return nichils or by making unreasonable distresses upon any refusal to pay his unreasonable demands: (remedy: to regulate the exorbitant fees of the Exchequer and to admit persons to moderate compositions and to be discharged upon payment of what he appears by certificate to be able to pay). (4.) Amercements upon sheriffs &c.: the defendants retard the plaintiffs' proceedings by delays or misreturns and bear the sheriff blameless; so the sheriff, upon pretence of the fine, makes the defendant pay the whole to him and gets himself acquit by a small bribe to an under clerk: (remedy: no fine or amercement to be spared save by express order of the judge. "Tis the defendant's own laches and the sheriffs yeating the ring [sic ? for cheating the King] for his own advantage oppress plaintiffs and retard the due proceedings of the law"). (5.) Fines in Turnes and Leets. Whereas the King had but 500l. per an. and the lords of liberties 7,000l. per an. yet the [King's] leets and tourns not granted away are more in number [than those of the lords of the liberties. Therefore are] the King's profits swallowed up by under officers without accompt: (remedy: bailiffs and stewards of leets to make their returns of estreats to the Justices at Sessions as the statute directs and to return duplicates thereof into the Exchequer). (6.) Capias pro fine: [same are] now received [by the officials] without [liability to] accompt [for same in the Exchequer] under pretence that they are to be applied to the repairs of the Treasury, [? of the Courts] and to defray the protonotaries' fees in the Common Pleas. Whereas the patents and records prove that this revenue is in the King's dispose and that the protonotaries and their clerks have no fees thereout. The clerks of the capiatur for want of due information of the defendant's place of residence runs him to an outlawry for the fine and, if he appear upon process, makes him pay the whole charge 15s. or 16s. besides the fine which is but 6s. 8d. in the Common Pleas or runs him to the outlawry which will cost 3l. or 4l. to reverse: (remedy: the plaintiff's and defendant's attorney to give correct information of place of residence: and that in this and all other cases the judges and Justices of peace make due entries of all matters relating to the King's revenue and certify and estreat same into the Exchequer and keep a book of the particulars of this revenue and certify and estreat same into the Exchequer and keep a book of the particulars of this revenue and that the Treasury appoint an inspection into these abuses and concealments).
A patent of the Greenwax is granted to several persons (see Cal. Treasury Books, Vol. V., pp. 993–4) and a moiety thereof for 31 years in which patent there is a clause for revocation of same if it appear to the King in Council to be unserviceable.
The matter to be remedied in the several courts. In the King's Bench: the defendant's name and title and abode to be inserted in every declaration and abstracts duly entered of all proceedings by the Attorney in a book for that purpose, and the officers to duly estreat fines in the Exchequer. In the Common Pleas. the like; and no defendants to be put to unreasonable charge for capias pro fine nor sued therefor till a demand be made thereof and refused by him. In the Exchequer: to moderate the unreasonable fees on suing out a quietus on small compositions: and that claims upon particular grantees be ascertained [fixed]: and that sheriffs accompt in person: and that bailiffs swear before a justice of peace to the truth of their account delivered to the sheriff. At the Sessions and Assizes: that the Justices of peace and Judges order the officers to enter duly all fines in a book and certify and estreat same into the Exchequer and no compositions to be made without their order.
(c) Report to the Treasury Lords dated 1679, April 16. from Sir W. Jones, the Attorney General, on the above case and proposal. I think it fit to revoke the late patent of the Greenwax, etc. (ut supra, Ibid.) same being in my opinion against the law, and which will without doubt be complained of in parliament if anything considerable be done upon it. As to the proposed new commission (see supra, p. 19) put forward in the proposal, it is open to most of the objections made against the said patent of grant and is without precedent unless that which was granted to Empson and Dudley, which precedent I am sure your Lordships will be very far from following." Many of the abuses complained of are true and fit to be redressed. The fittest way would be for your Lordships to send a copy of this paper to the Judges of the several Courts for their consideration. They may by orders of Court redress all or the greater part thereof and give your Lordships advice and account thereof. You may promise the discoverer a liberal reward for his encouragement.
May 12. Treasury warrant to the Receipt for the execution of money warrants of 1678. September 10, for 40l. to Sir George Wharton for one year on his fee as Treasurer and Paymaster of the Ordnance. Money Book, p. 31.
For 18l. 5s. 0d. to Samuel Fortrey for same on his fee of 12d. a day as clerk of the deliveries of the stores within the Office of Ordnance.
For 54l. 15s. 0d. to Edward Coniers for same on his salary of 3s. a day as Keeper of Stores within the Office of Ordnance.
For 36l. 10s. 0d. to Sir Jones Moore for same on his fee as Surveyor of the Ordnance.
For 15l. 4s. 10d. to Richard Batchler for same on his fee as Keeper of his Majesty's handguns in the Tower.
For 36l. 10s. 0d. to Edward Sherburne for same on same as Clerk of the Ordnance.
Treasury referenee to the Customs Commissioners of Edward Woodward's petition for a land surveyor's place, London port. Out Letters (Customs) p. 33.
May 12. Treasury reference to the Customs Commissioners of John Holloway's petition for a tidesman's place [London port] loco Bye or Martin and another [petition] for a weighing porter's place loco Coleman or Wood. Out Letters (Customs) p. 33.
Like reference of the petition of Edward Barblock praying an office of Collector, Surveyor or landwaiter London or the outports, he having lost money by the bankers and otherwise by lending money for the King's service. Ibid.
May 13. Money warrant for 500l. to Prince Rupert in part of last Lady day quarter on the annuity or pension of 4,000l., payable out of the Customs granted him by the patent of 1660, November 23: to be paid out of the money paid into the Exchequer this day by the Customs Cashier. Money Book, p. 34.
Letter of direction on 500l. in part of a money order of April 16 last for 1,500l. to the Earl of Sunderland for secret service: same to be hereby paid out of the 6,000l. paid into the Exchequer this day by Richard Kent, Receiver General and Cashier of Customs. Order Book XXXVIII. p. 9.
Same on 600l. in part of an order of March 22 last for 1,300l. to Sir Leoline Jenkins for a quarter's ordinary in advance, March 9 last to June 8 next: same to be hereby paid ut supra. Ibid.
May 14. Henry Guy to the Farmers of Excise to attend the Treasury forthwith with an account whether you have paid in your full rent for last Lady day quarter to the Excise Commissioners Out Letters (General) p. 44.
Same to Sir Richard Mason et al to apply to the Duke of Monmouth for a guard for conducting Mr. Goodwin's money to the Exchequer and so similarly for the future [in cases] where no return [of moneys to London by means of exchanges] can be had. Ibid.
Treasury warrant to the Receipt to take in and cancel four tallies (and the counter tallies thereof) one dated 1674, May 7, for 600l. struck upon John Strode et al., Farmers of the Four and a half per cent., the second dated March 14 last for 3,000l. struck upon Anthony Rowe et al., Hearthmoney Contractors, the third dated March 15 for 3,000l. struck upon same and the fourth dated March 19 last for 7,000l. struck upon the Customs: all the said several tallies being in the hands of Charles, Earl of Plymouth, who has desired for his better accommodation that same may be split into a greater number of tallies for lesser sums. In lieu hereof such tallies as shall be desired are to be stricken upon the same persons and of the same dates not exceeding in the whole the sums as above. Money Book, p. 32.
Money warrant for 100l. to James Hyde, Dr. in Phisick, for 2½ years to Lady day last on his fee of 40l. per an. as Reader of Physic in the University of Oxford: and dormant warrant for what shall grow due thereon hereafter from time to time. Ibid, p. 33.
Same for 33l. 6s. 8d. to the University of Oxford for 2½ years to Christmas last on the perpetuity of 13l. 6s. 8d. per an. for a divinity lecture there: and dormant warrant for payment of said perpetuity in future. Ibid.
May 14. Money warrant for 100l. to Thomas Boucher, Dr. of the Civil Law, for 2½ years to Lady day last on his fee of 40l. per an. as Reader of the Civil Law in the University of Oxford: and dormant warrant for payment of said fee in future. Money Book, pp. 33–4.
May 15. Cave that no grant pass to Sir Edmund Windham of certain lands and tenements called Sockford Hospital or Seckford's place in Clerkenwell without notice given to the Master of the Rolls, Lord Chief Justice North, or the Attorney General. Caveat Book, p. 2.
Henry Guy to Alderman Backwell to forthwith carry to Auditor Aldworth your commission for receiving the Queen's [Portuguese money or] portion and all other papers and books relating thereto. Out Letters (General) p. 46.
Same to the Navy Board to acquaint the Treasury Lords why you do not assign the Victuallers [their] bill so that they may receive the 500l. which is in the Navy Treasurer's hands for them. Ibid, p. 47.
Money warrant for 5,000l. to Sir Thomas Player as imprest for the speedy and complete paying and disbanding the Forces, officers and soldiers appointed by the late [Eighteen Months'] Act which granted [inter al.] 206,462l. 17s. 3d. for paying off and disbanding the Forces raised since 1677, September 29. By the said Act the Treasury is authorised to issue the money thereby granted without any privy seal or other warrant from the King to the end the same may be paid with most expedition. By writing or certificate dated the 15th inst. (directed to the Treasury pursuant to said Act) from Sir Gilbert Gerrard, bart., Col. Roger Whitley and Col. John Birch (three of the Commissioners named in said Act for the disbanding) have desired Treasury warrant for the issue of said 5,000l. forthwith (out of such moneys as are come into the Exchequer on the credit of said Act) to said Player towards disbanding several of the said Forces in or near London and Westminster. The present issue is to be made out of the loans on said Act. (Money order dated May 15 hereon.) Money Book, pp. 34–5. Order Book XXXVIII. p. 10.
Report to the King from the Treasury Lords on the Lord Lieutenant's report on the petition to the King from Lawrence Hyde and Timothy Tyrrell. Said petition sets forth that next after Col. Lane's daughters are satisfied 6,000l. out of the fund of 5,000l. per an. quit rents granted to the Duke of Ormonde (which 6,000l. is to be paid after the Duke of Ormonde is satisfied what is due to him by contract) then Mr. Hyde is to receive 8,888l. and in the next place Sir Timothy Tyrrell 3,000l. out of the same fund. (See supra Cal. Treasury Books, Vol. V., p. 532.) They therefore pray a patent to secure their respective payments to them, their executors, etc., in manner aforesaid. Said petition was January 20 last referred to the Lord Lieutenant by the King, who is willing that petitioners should receive due satisfaction. Hereupon the Lord Lieutenant reports February 12 last that said statements are true and that patents may be granted as desired. Said report being referred to the Treasury Lords May 13 inst., the latter hereby report: "we do concur with this report." Out Letters (Ireland) pp. 1–2. Warrants not Relating to Money, p. 10.
May 15. Treasury warrant to the Customs Commissioners to deliver, Customs free, to Count Egmont, Ambassador Extraordinary from Spain, 10½ suits of damask and other napkins arrived from Bruges on a ship whereof William Tysens is master and three dozen of Venice gloves, two dozen of English gloves, 3 lbs. of lac, 3 oz. of paint and three bottles of essences arrived on a ship whereof Thomas Barber is master. Out Letters (Customs) pp. 33–4.
Appending: said Count's certificate and request dated London, 11–21 May, 1679, concerning said goods.
Reference to same of the petition of David Sidney, merchant, for delivery of 22 pictures that come from Leghorn, being used in his brother's house there, "and he [petitioner] designs them for no other use than to hang them up in his own house here." Ibid, p. 34.
May 16. Royal warrant to the Clerk of the Signet for a privy seal for 1,000l. per an. to Anthony, Earl of Shaftesbury, Lord President of the Privy Council, as in lieu of an allowance of diet of 10 dishes every meal formerly made to the Lord President of the Privy Council: same to be payable quarterly, the first payment to commence from Easter Monday, April 21 last, and to continue during pleasure. (For the privy seal hereon see infra under date July 31.) King's Warrant Book, p. 21.
Henry Guy to the Auditor of the Receipt for an account of the rents reserved on all the petty farms and how the same have been answered and what arrears are [due] upon them. Out Letters (General) p. 46.
Same to the Customs Commissioners for an estimate of the yearly value of the respective duties granted in particular farms to Viscount Yarmouth, Lord Townesend, the Earl of Kinnoul and others. (A similar letter to the same purpose June 6 following.) Ibid.
May 17. Royal warrant to the Clerk of the Signet for a privy seal to revoke and determine the privy seal of 1677, September 29, which authorised the payment of 20,000l. per an. out of the Excise to Charles Bertie for three years from 1677, June 24, for secret service. Entries and memorials to be made in the offices of the Auditor of the Receipt and clerk of the Pells to prevent any further payments thereon to said Bertie. King's Warrant Book, p. 20.
The like money warrant ut supra, p. 58, under date May 15, for 100l. 12s. 0d. and 121l. 14s. 6d. to Lemuel Kingdon as imprest for the speedy and complete paying and disbanding the new raised Forces, ut supra, Ibid. the three Commissioners ut supra, Ibid., having certified the 15th inst. that upon an account from the Paymaster of the Forces it appears that there is unpaid for the muster for September and October last to the troop of Granadeers, commanded by Capt. John Staples, 100l. 12s. 0d. and to the troop of Granadeers commanded by Capt. Thomas Rowe 121l. 14s. 6d.: which said Commissioners desire payment of forth-with in full satisfaction of all demands of the said troops on the musters and that the said captains may be enabled to discharge their quarters as appointed by the said Act. To be satisfied out of the loans on said Act. Money Book, p. 35.
May 17. The like warrant for 2,349l. 5s. 5d. to Lemuel Kingdon for the like paying and disbanding ut supra: it being certified the 16th inst. by the said Commissioners ut supra that it appears from an account from the Paymaster of the Forces that said sum is unpaid upon the muster of September and October last to the regiment of horse commanded by the Duke of Monmouth. Money Book, p. 36.
Money warrant for 62l. 10s. 0d. each to Elizabeth Lawson and Anne Lawson, daughters of Sir John Lawson: being for one quarter ended 1673, Lady day, on their pensions of 250l. each. Ibid, p. 37.
Same for 5,000l. to Sidney Godolphin, Gentleman and Master of the Robes, 4,500l. thereof to be as imprest for the Office of Robes for the first two half yearly payments for the year ending at midsummer next by way of advance and the remaining 500l. to be for his own use as in lieu of the ordinary fees and vailes of the measure and poundage heretofore taken by the officer in that place: all as by the patent of November 16 last. (Money order dated May 23 hereon.) Ibid, p. 37. Order Book XXXVIII. p. 10.
Henry Guy to Viscount Brouncker and the [other] Commissioners of the Navy to make out bills of imprest to Mr. Pearse for 2,200l. and odd £ due for the quarters and cure of sick and wounded seamen. Out Letters (General) p. 47.
[?] Same to Mr. Pepys to attend the Auditors of Imprests about the speedy perfecting the Tangier account: and same to the said Auditors to dispatch said account forthwith. Ibid.
May 17. Same to the Auditor of the Receipt to state the interest due to Sir R. Vyner on two orders, No. 1468 and 1471 for respectively 5,530l. 14s. 0d. and 5,603l. 1s. 0d. drawn in the name of Richard Stratford and charged on the Eleven Months' tax; viz., from the times they were assigned to Stratford to the times for which he [Vyner] was allowed interest on them in his great [or principal or banker's debt] account [which was] settled by his patent for his perpetual annuity. Ibid.
May 19. Same to Mr. Ashmole, Comptroller of Excise, for an account by 8 a.m. to-morrow of the particular heads of all the sums of money that the late Treasurers of Excise have received and paid since their undertaking with Treasurer Danby for paying the Forces and Household. Ibid, p. 48.
Same to the old Farmers of the Hearthmoney to go to Sir Robert Howard's [office of Auditor of the Receipt] at the Exchequer on Wednesday next precisely at 3 in the afternoon prepared to give a strict and punctual account to him of whatsoever tallies remain in your hands unsatisfied that were struck before March 25 last and [also of some struck] since that time [keeping the two items separate] distinctly. Ibid.
May 19. Henry Guy to the like effect as above to Robert Huntington and William Dawson; to Richard Kent; and to Mr. Row and his partners [in the present farm of the Hearthmoney]. Out Letters (General) p. 48.
Same to Charles Duncombe, Esq., to attend the Treasury Lords with a list of all the creditors now remaining unpaid (and their sums) on the Fifth part of the Excise. Ibid.
Same to Mr. Kent [Customs Cashier]. You shall be allowed 6 per cent. interest and 2 per cent. gratuity from December 10 last and until repayment for advancing the money on the tally for 2,500l. for the Duke of Monmouth for a quarter on the allowances for the Stables. Ibid, p. 49.
Treasury subscription for the execution of an order dated March 20 last for 20,000l. to Baptist May without account as in part of the 38,000l. to him for the Privy Purse as by the privy seal of February 28 last. Order Book XXXVIII. p. 9.
The like warrant ut supra, pp. 58 and 59 under dates May 15 and 17 for 842l. 12s. 2d., 356l. 16s. 0d. and 333l. 15s. 0d. to Lemuel Kingdon for disbanding the new raised Forces, ut ibid.: same being as certified the 17th inst. by the Commissioners ut ibid. for what is due and unpaid on the September and October musters to eight companies of the Regiment of Foot commanded by the Duke of Monmouth, to the companies and recruits of the Coldstream regiment and to the recruits of his Majesty's Regiment of Foot Guards respectively. Money Book, p. 38.
May 20. Royal sign manual to the Treasury Lords to pay 300l. to William Gregory, Esq.. Speaker of the House of Commons: as royal bounty. (Money warrant dated May 21 hereon. Money order dated May 24 hereon.) King's Warrant Book, p. 21. Money Book (General) p. 40. Order Book XXXVIII. p. 10.
Money warrant for 500l. to Prince Rupert in full of last Lady day quarter on his annuity or pension of 4,000l. per an. as by the patent of 1660, November 23: to be satisfied out of the 6,000l. which the Customs Cashier is directed to pay into the Receipt this day. Money Book, p. 38.
Treasury warrant to the Receipt to pay 600l. to Baptist May, Keeper of the Privy Purse, upon any late orders in his name for the service of the Privy Purse: to be satisfied ut supra. Ibid, p. 39.
Same to same to pay 900l. to Edward Seymour, Treasurer of the Navy, upon any late orders in his name unsatisfied and unappropriated: to be satisfied ut supra: and to be [by Seymour] paid over on account of Sick and Wounded seamen. Ibid.
Same to same to pay 2,500l. to same ut supra: for the service of the Navy. Ibid.
Treasury warrant to the Receipt to pay 500l. to Edward Seymour, Treasurer of the Navy, ut supra: to be [by him] paid over to the Victuallers of the Navy. Money Book, p. 39.
Same to same to pay 500l. each to Robert, Earl of Sunderland, and to Thomas Coventry, Principal Secretaries of State; upon late orders in their names for secret service: to be satisfied ut supra. (A marginal note showing that this last item exhausts the abovesaid 6,000l. of Customs money.) Ibid.
Cave that no grant pass to Lady Elizabeth Delaval or to anybody for her use of any the franchises in Raby, Barnard Castle and elsewhere, co. Durham (granted to Sir Henry Vane, the elder, by letters patent of 10 Car. I. which franchises are pretended to be forfeited by the attainder of his son) till Mr. Vane be heard and notice given to Richard Goodenough, Attorney in Garden Court, in the Middle Temple, who alleges the same to be settled by Sir Henry, the elder, in his life time and Sir Henry, the younger, to be but tenant for life. Caveat Book, p. 3.
Henry Guy to the Navy Commissioners. The Treasury Lords have not received from you any weekly certificates as you formerly transmitted to the late Treasurer Danby. You have been desired by the Treasury Lords to send them. Please send them for the weeks since March 25 last and constantly for the future. Out Letters (General) p. 49.