Entry Book: February 1691, 16-20

Calendar of Treasury Books, Volume 9, 1689-1692. Originally published by His Majesty's Stationery Office, London, 1931.

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'Entry Book: February 1691, 16-20', in Calendar of Treasury Books, Volume 9, 1689-1692, (London, 1931) pp. 1018-1031. British History Online https://www.british-history.ac.uk/cal-treasury-books/vol9/pp1018-1031 [accessed 27 April 2024]

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February 1691, 16-20

Date. Nature and Substance of the Entry. Reference.
Feb. 16. Money warrant for 370l. 10s. 0d. to the Treasurer of Christ's Hospital for one year due at Christmas last on the annuity to the Mayor etc. of London for the better support of the children of that foundation : to be satisfied by tallies on the Receiver General of the Duchy of Cornwall, viz. on part of John Baron's fine for a lease, ut supra, p. 1017. Money Book X, p. 571.
William Jephson to the Auditor of the Receipt to issue (out of the loans on the Twelve Months' Aid) 1,138l. 17s. 9d. to the Treasurer of the Navy. (Same to said Treasurer to take the directions of the Admiralty Lords for applying said sum to the discharge of a bill to that amount due to Sir Joseph Herne from the Victuallers and drawn from the Straits.) Disposition Book IX, p. 71.
Same to same to issue (out of any disposable money in the Exchequer except loans on the Twelve Months' Aid) 400l. to Mr. Fox and Mr. Coningsby to be by them paid to Mr. Rowe for the engines for pressing hay for Ireland. (Same to Mr. Blathwayt to procure a royal warrant to be signed by the Queen to authorise this payment.) Ibid, p. 71. Out Letters (General) XII, p. 458.
Same to Mr. [Charles] Fox. The Committee for the Affairs of Ireland have desired the Treasury Lords to imprest 1,000l. to Mr. Henley at Bristol and 1,000l. to Mr. Vickers at Chester to buy oats to be sent to Ireland. You are to write said Henley and Vickers to draw bills on you for said sums, which my Lords will take care shall be immediately answered. Out Letters (General) XII, p. 459.
Same to the Earl of Montagu [Master of the Great Wardrobe] to report on the enclosed petition [missing] of Mary Jackson, widow, praying payment of 709l. 5s. 8d. for goods delivered into the Great Wardrobe. Ibid.
William Jephson to Mr. Blathwayt. On the 6th Feb. inst. George Dodington, James Cresset and Richard Acton contracted with the Treasury Lords to furnish several sorts of clothing for 15 Regiments of the Army in Ireland, which, at the rates therein, will come to 21,757l. 10s. 0d. There are 44 orders, dated Jan. 29 last, registered in the name of Charles Fox on the Act [2 Wm. and Mary, Sess. 2, c. 5] for continuance of duties on wines etc. to a total of 21,757l. 10s. 0d., with 8 per cent interest. By the abovesaid contract it is agreed that on delivery of the said clothing or any part thereof to Col. Charles Godfrey, Col. Levison and Col. William Selwyn the said Fox shall assign so much of the said orders as amount to the value of such clothing so delivered, with interest at 8 per cent from the time of such deliveries. You are to prepare a royal warrant to be signed by the Queen to authorise Charles Fox and Thomas Coningsby to pay such rates and to make assignments in such manner as aforesaid : but they are therein to be directed to surcharge themselves in the front of their [yearly] account [for the Forces, Ireland] with the intermediate interest growing due on said orders from the dates thereof until the respective days on which, by deliveries as above, the said clothiers become entitled to have interest as above. Further, the said warrant is to contain the usual clauses for deducting the price of the said clothing from the Regiments concerned. Out Letters (General) XII, pp. 459-60.
Treasury warrant to the Customs Commissioners to employ John Horneby as deputy to the Comptroller of Poulton port loco James Pattison, preferred ut infra.
James Pattison, deputy to the Comptroller as above, to be collector ibid. loco Augustine Heirdson, deceased.
Andrew Duxbury as coastwaiter at Bristol loco Jo[h]n Aylet, removed from that port.
Out Letters (Customs) XII, p. 282.
Same to same to discharge the bond given by William Smyth, late collector of Rochester port, who at the time of his dismission therefrom was indebted to the King in 227l. 19s. 2½d., towards which he has with much difficulty paid 100l., and he and his sureties are too poor to pay any more : and to discharge him from prison on giving bond to answer the remaining 127l. 19s. 2½d. at demand. Ibid, p. 283.
Treasury reference to same of the petition of Edward Butler for a landwaiter's or coastwaiter's place, London port. Reference Book VI, p. 296.
Same to the Earl of Ranelagh of the petition of the Commissioners of Musters, praying payment of 2,349l. 4s. 3d. due to them for Jan. 1 last, they having neither subsistence nor quarters assigned them : and praying that for the future they may be on the [same] foot[ing] of subsistence with the officers of the Army. Ibid.
Same to the Customs Commissioners of such part of the petition of Christopher Dodsworth, merchant, as relates to Customs affairs ; the said Dodsworth, on behalf of himself and others engaged with him, having petitioned shewing that they have expended both time and money in discovering the grievances of the nation and for the advancing the revenue ; that particularly they have detected and prosecuted the persons generally reputed peccant "in melting down and exporting vast quantities of the heavy and current coin at the Custom House, [representing same to the] Treasury and House of Commons, who have thereupon passed a bill for redressing it in future ; and further that they have obliged (by prosecution at law) several alien merchants who formerly paid only English duty now to pay alien duty : further that they have discovered divers great sums owing to the Crown by concealments and arrears of Customs and other branches of the revenue : that they propose to prosecute at their own charge for an allowance of a third the amount recovered (although the moiety is usually allowed in the like cases) and further to allow a tenth part to such charity as the Lord Almoner shall direct : therefore pray an instrument to secure them the said proportion [of a third]. Ibid, pp. 296-7.
Feb. 17. Treasury warrant to Thomas Lloyd, Paymaster of the Works, to pay the 190l. 10s. 4d., appointed to be issued to you for the Works, to Capt. James Greenham for his disbursements to the several carters and labourers for work done in St. James's Park from 1689, Dec. 10, to 1690, June 28.
Appending : said Greenham's detailed bill of same ; the said labourers and carters being William Jackson, Richard Mathews, Roger Crompton, Jo[h]n Bennet, William Sheppard, William Perry, Jo[h]n Reynall, Geo. Robins, Hen. Cooly, Richard Tennison, Richard Hutson, Antho. Craddock, Richard Hargrave, Tho. Mathews, Edward Dun, Jo[h]n Ford, William Crookshank, Mr. Evans, Jo[h]n Seymour, Math. Gudrell [labourers], Robert Pennell, carter, and James Custerton for carting gravel.
Money Book X, pp. 572-3.
William Jephson to Capt. Thomas Langley. I have read to my Lords yours of the 12th inst. in reply to mine of the 9th inst. concerning the relief to be given to Dutch seamen or soldiers at Harwich. Thereon my Lords desire you to continue the same allowances as formerly to them until my Lords take the King's pleasure thereon. Out Letters (General) XII, p. 460.
Same to Mr. [Aaron] Smith. According to your report of the 14th inst., on the petition of James Allan and others touching money returned for paying the offreckonings of Sir Robert Douglas's Regiment and praying the King's aid against James Irving, my Lords direct you to prosecute that matter in the King's name, but at the cost of the petitioners. Ibid, p. 461.
Same to the Customs Commissioners. Hasten your report on the petition of Mark Wildbore, late collector of Whitehaven port, referred to you Jan. 19 last, supra, p. 984. Ibid.
Same to Auditor Done. I have read to my Lords your letter of the 14th inst., with Mr. Shales's certificate of what provisions he delivered to the Army in Ireland. You are to draft a warrant for charging Mr. Harbord with deductions for [such] provisions in his account before you. Ibid.
William Jephson to the Attorney General. At the last summer Assizes at Chelmsford Mr. John Cooke was convicted for murther and executed. You are to give warrant to the Clerk of the Petty Bag to make forth a commission under the great seal to William Mott, esq., Edmund Hickringill, clerk, William Mott, jun., Thomas Ruse, Tho. Hickringill, Tho. Glascock, and Tho. Parker to enquire of and to seize Cooke's estate thereby forfeited. (Same to Aaron Smith to have said commission passed and executed at the King's charge.) Out Letters (General) XII, p. 461.
Same to Mr. Blathwayt to procure a royal warrant to be signed by the Queen to authorise the payment by Mr. Charles Fox and Mr. Thomas Coningsby of 101l. 15s. 0d. to the present Earl of Roscommon for his personal pay to Jan. 17 last as Lieut., Col. and Captain of a Regiment in Ireland. Ibid, p. 462.
Treasury reference to Philip Reyly, Surveyor General of Woods [Trent South], of the petition of Jo[h]n Fitch, chief workmaster in the Office of Ordnance, shewing that by two privy seals 5,000l. is to be raised in Whittlewood and Dean Forests and 5,500l. in New Forest for fortifications made at Hull and Jersey by petitioner : therefore praying Treasury direction to the Surveyor General of Woods to raise same forthwith, petitioner being going over to Jersey to look after the fortifications there and having received in the whole only 3,500l. Reference Book VI, p. 297.
Same to the Customs Commissioners of the petition of Ralph Williamson, Comptroller of Newcastle port, praying to be discharged from paying 50l. per an. of his salary to Katherine, the wife of Barnaby Tonstall. Ibid.
Same to same of the petition of Capt. Christopher Billop, praying for remission of duty on 51 butts of brandy and 24 hogsheads of wine which he took as prize in June, 1689. Ibid.
Same to Sir Christopher Wrenn of the petition of John Webb, keeper of the fish and fowl in St. James's Park, praying an order to said Wrenn to repair the granary in said park, which is gone to decay. Ibid.
Treasury warrant to the King's Remembrancer for a commission, prefixed, to appoint Thomas Burgis, gent., as Receiver of the Temporalities of the Bishopric of Gloucester, void by the Bishop thereof refusing the oaths of supremacy and allegiance. (Same to Mr. Jo[h]n Knight, Comptroller of the Revenue of First Fruits and Tenths, to take the sureties of said Burgis : being Burgis himself in 1,000l. and Dr. Richard Parsons, Chancellor of the diocese of Gloucester, in 500l.) Warrants not Relating to Money XIII, pp. 389, 390.
Feb. 18. Treasury order to Thomas Done, one of the Auditors of Imprests, to allow 40l. on account for the year ended 1690, Sept. 29, of Edward Seymour, Clerk and Keeper of the Hanaper in Chancery. Money Book X, p. 573.
William Jephson to Mr. Thomas Fox [Customs Cashier] to pay 1,617l. 8s. 6d. into the Exchequer out of the Four and a Half per cent. Duty : being intended for the Clerks of the Council [attending the Committee of Trade and Foreign Plantations]. Disposition Book IX, p. 72.
William Jephson to the Customs Commissioners. Sir Richard Haddock has desired that the accounts of moneys paid by your officers for seamen under the Order in Council, ut supra, p. 1009, may be kept in the form as in the enclosed paper [missing]. Please do this. Out Letters (General) XII, p. 462.
Same to Mr. Blathwaite to procure a royal warrant to authorise Mr. Fox and Mr. Coningsby to pay 5,000l. to Isaac Pereyra as in further part of the advance to him on his contract preparing to be passed under the great seal for furnishing provisions for the Army in Ireland. Ibid, p. 464.
Treasury reference to the Customs Commissioners of the petition of Samuell Heron and others, owners of the Coast frigate, shewing that in her voyage several of the seamen died or deserted and the master was forced to hire foreigners to navigate her home ; therefore praying that she may be admitted to entry as navigated with [the legal complement of] English seamen. Reference Book VI, p. 297.
Same to Aaron Smith of the petition of Jo[h]n Kent and Nicho. Fenn, shewing that Sir Patrick Trant et al. in Midsummer, 1681, contracted, in the name of Jo[h]n Genew, for the Hearthmoney surplusage for five years at 4,000l. per an. rent and 40,000l. advance, for which surplus they were afterwards forced to pay 30,000l. more to the late King James II : and part of the money being the share which said Trant was to raise and pay, he borrowed 5,000l. of Richard Kent and for security entered into a ctatute staple dated 30 June, 1687, in 10,000l. to said Kent and the 5,000l. was by Trant actually so paid to the Crown : and the said Trant becoming insolvent said Kent did by virtue of the statute staple extend some houses and tenements of said Trant : therefore said Trant prays (for the better fortifying his title to the equitable redemption to said estate [by shutting out the Crown's title] ) a grant of same to Bridget Kent, widow [of said Richard] or to petitioner in trust for her and her daughter and family. Ibid, p. 298.
Same to Mr. Harbord [Surveyor General of Crown Lands] of the petition of Thomas Cobb of Winchester, praying a lease of the King's lands there. Ibid.
The Treasury Lords to the Lords Justices, Ireland, enclosing a copy of Mr. Shales's certificate [missing] of the value of provisions by him delivered to the Army in Ireland as late Commissary General there. Out Letters (Ireland) VI, p. 50.
William Jephson to the Revenue Commissioners, Ireland, enclosing the petition [missing] of Lieut. Col. John Skelton for certain goods of his, now in the hands of William Tisdale in Dublin to be sent hither [to London] unopened. Please so send same to Mr. Clark, under-warehousekeeper, London port, to be kept unopened till further order. Ibid.
Feb. 19. Royal warrant under the Queen's sign manual to the Clerk of the Signet for a privy seal to authorise the Exchequer to take in loans up to 1,000,000l. on the two thirds of the Additional Excise at 7 per cent and in manner etc. as in the Act [2 Wm. and Mary, Sess. 2, c. 10], granting said Additional Excise ; levying tallies and drawing and registering orders etc. thereon in the usual method. King's Warrant Book XV, pp. 284-6.
Money warrant for 500l. to Aaron Smith on account for the charges of Crown Law suits and other affairs relating to his Majesty's service. (Money order dated Feb. 20 hereon.) Money Book X, p. 573. Order Book III, p. 145.
Treasury warrant dormant to Mr. Fox [Customs Cashier] to pay Thomas Wells his salary of 52l. per an. as a King's waiter, London port. Money Book X, p. 574.
Same to same to pay John Plumbly (Plumby) his salary of 15l. per an. as a King's waiter, Bristol port. Ibid, p.575.
Money warrant for 20l. to Robert Bertie for half a year to Christmas last on the annuity or pension granted to him for the life of Mary Cock. Ibid, p.574.
William Jephson to the Auditor of the Receipt to issue as follows : Disposition Book IX, pp. 72-3.
l. s. d.
Out of loans on the Twelve Months' Aid.
to the Treasurer of the Navy 4,000 0 0
to the Earl of Ranelagh for the weekly subsistence [of the Forces, England] and the half pay to the officers ; together with 2,200l. to Mr. Vander Esch for the Dutch Forces 8,740 1 2
to ditto to answer bills of exchange of Mr. Schulenburgh, due the 8th inst., drawn for the Regiment of Fusiliers and [of Col.] Fitzpatrick, and for the Irish prisoners 3,200 0 0
to ditto in part of 2,511l. 11s. 4d to pay Col. [William] Beveridge's Regiment to 1689-90, Jan. 1 500 0 0
to ditto for Col. Gibson for coals for the garison of Portsmouth 90 0 0
to ditto for four master gunners and 18 gunners belonging to the several forts and batteries on the Thames and Medway for their pay from 1689-90, Jan. 1, to Jan. 31 last inclusive ; his Majesty having directed those forts and batteries to be dismantled and the gunners discharged 514 16 0
to ditto for the Earl of Monmouth's Regiment, upon account 1,000 0 0
Out of 4,579l. 8s. 2¾d. of the Double Excise and 2,562l. 5s. 9¼d. of the residue of loans on the Twelve Months' Aid and 2,218l. 4s. 9d. on the [Wine duties] Continuing Act.
to Mr. Fox and Mr. Coningsby to answer a bill of exchange from Mr. L'Barr for buying tents, arms etc. for the Danes [Forces] in part of 2,000l. 700 0 0
to ditto for recruit money, several Regiments being ordered to raise them here 2,000 0 0
to ditto for Capt. Mathew Ingram by advance for the package and carriage of clothing now providing for the Army in Ireland 500 0 0
to ditto for Col. Godfrey in part of 1,400l. due to him for the last clothing 200 0 0
to ditto for Lieut. Col. Beversham on account of his half pay to Jan. 1 last as late Captain of Foot in Ireland 36 16 0
to ditto for 14 days' subsistence for the sick men of Col. [Ferdinando] Hastings' Regiment 24 7 0
to ditto for two months' pay to 24 French Reformed officers ordered to be paid here [in England] 273 14 9
to ditto for Mr. Teale, Apothecary General for [the Forces in] Ireland : for medicines 435 9 0
to ditto for his [Teale's] own pay to the 1st inst. 189 12 0
to ditto for Mr. Bridges, in part of Mr. Periera's new contract [for bread] 15,000 0 0
Out of any other disposable money in the Exchequer except loans on the Twelve Months' Aid.
to the Treasurer of the Ordnance for the land service [of the Office of Ordnance] ; upon the estimate for Ireland 4,000 0 0
to Mr. Bertie for Mris. Cock 20 0 0
to Mr. Aaron Smith ; upon account [for Crown Law charges] 400 0 0
£31,824 15 11
William Jephson to the Auditor of the Receipt to issue to Mr. Cox by way of advance the 1,000l. reserved in the Exchequer for him [supra, p. 1014] as Envoy Extraordinary in Switzerland, "his Majesty's service requiring the same." Care will be taken as soon as may be to have the same regularly [warranted to be] issued. You are to take care to detain the Exchequer fees thereon. Disposition Book IX, p. 73.
Same to same to issue (out of loans to be made by Charles Fox on the [Wines Duties] Continuing Act) 1,853l. 16s. 8d. to said Fox and Thomas Coningsby to be applied as follows : viz. 1,347l. 17s. 2d. for clothing the Regiment late of the Earl of Warrington ; 347l. 7s. 6d. to clear several respits on that Regiment ; 158l. 12s. 0d. for the pay of said Earl as Colonel and Captain from 1689, Sept. 1, to 1689-90, Jan. 1. Ibid, p. 74.
Same to same to issue (out of the like loans by Fox) to him and Coningsby 7,239l. 11s. 10d. for the service of Ireland ; being intended for the clothing of the Danish Forces. Ibid.
William Jephson to the Earl of Ranelagh to report on the enclosed petition [missing] of their Majesties' drummers and fife in ordinary, praying payment of their fee of 24l. per an., on which they have received nothing since the King's accession. Out Letters (General) XII, p. 462.
Same to the [Principal] Officers of the Ordnance to report on the enclosed account [missing] of 4,000 barrels of powder which were bought in Holland for the King's service. Ibid.
Same to the [Principal] Officers of the Mint. By Treasury warrant of Jan. 22 last you were directed to coin 600l. worth of silver out of Coinage money and to pay same to Mr. Harris in part of 1,266l. 1s. 7d. for seals. Hitherto you have refused to comply therewith, in respect of the appropriation of the Coinage money [as by Act of Parliament [1 James II, c. 7, continuing 18 Car. II, c. 5, and 25 Car. II, c. 8]. I enclose herewith a statement of opinion by the Attorney General concerning the same. You are to execute the warrant according to the directions already given you.
Appending : said statement, dated 16 Feb. inst., and signed by Sir Geo. Treby. The Act of 18 Car. II, c. 5, gives to the King several duties on wines etc. to be paid into the Exchequer quarterly and there kept distinct and to be applied to no other use than the charge of the Mint and the assaying, melting, waste and coinage of gold and silver and the encouragement of the bringing in of gold and silver to the Mint to be coined, and thereof not above 3,000l. per an. for officers and offices in the Mint and the overplus to be for assaying, melting and coining. I conceive that when money arising by the said duties is issued out of the Exchequer and bullion is bought therewith and coined into current money, the said new coined money may be disposed to any use as their Majesties shall appoint ; for the Act does not require that the said money, so coined out of the bought bullion, shall be laid out again to buy more bullion and so in infinitum. The only money which the Act appoints to be employed for the buying of bullion is the said money leviable and payable by that Act and which is appointed to be paid into the Exchequer. But the money produced by the coining of bullion, bought by the said duty money, is not ordered to be brought into the Exchequer and kept distinct there, but is left to the [disposal of] the King.
Ibid, p. 463.
Treasury warrant to the Customs Commissioners to employ Jo[h]n Saltonstall as waiter and searcher at Sharperton in Berwick port loco Gilbert Lucas, dismissed. Out Letters (Customs) XII, p. 283.
Treasury letters patent appointing Thomas Wells as one of the King's waiters, London port, loco John Kynvin, gent. Ibid, p. 284.
Same appointing John Plumbly as a same in Bristol port loco Thomas Alcock, disabled by palsey which has lately seized him. Ibid, p. 285.
Feb. 20. Money warrant for 2,550l. to Sir Francis Child, kt., for jewels as follows, for which the Earl of Dorset by letter of 1690, June 19, certified that he agreed with said Child : viz. a diamond ring of the value of 300l. given by his Majesty to Baron Cobb, Envoy from Brandenburg ; a jewel of diamonds of the value of 350l. given by his Majesty to Count Bouay, Envoy from Flanders ; a jewel of diamonds of the value of 1,000l. given by the King to Count Connigseck [Konigsek], Envoy from the Emperor; a diamond ring of the value of 300l. given by his Majesty to Mr. Smetteau, Envoy from the Elector of Brandenburg ; a jewel of diamonds of the value of 300l. given by his Majesty to the Baron Bongard, Envoy from the Elector Palatine; a diamond ring of the value of 300l. given by his Majesty to Mr. Shoultz [Schütz], Envoy from the House of Luneburg. (Money order dated Feb. 21 hereon.) (William Jephson, dated Feb. 20, to the Auditor of the Receipt to pay same out of the 6,000l. which is or will be lent by said Child or by his procurement on the credit of the Act continuing the duties on wines etc.) Money Book X, pp. 574-5. Order Book III, p. 146. Disposition Book IX, p. 74.
William Jephson to the Customs Commissioners to permit the transport to Ireland, Customs free, of (a) infra for the clothing of the Danish Forces there.
Appending : (a) schedule of said clothing, viz. : cloth, kerseys, stockings, thread, 800 leather briches, 7,000 hats at Chester, 7,000 belts, two boxes of embroidered scutcheons etc.
Out Letters (General) XII, p. 464.
Same to Mr. Blathwayt [as Secretary to the Forces] to procure a royal warrant to be signed by the Queen to authorise Charles Fox and Thomas Coningsby to pay 625l. 1s. 0d. to Isaac Teale, Apothecary General to the Army in Ireland : viz. 435l. 9s. 0d. thereof for medicines, bedding, shirts, instruments etc. ; 153l. to pay to him from April 1 [last] to Feb. 1 inst. at 10s. a day ; 36l. 12s. 0d. for pay to his mate at 3s. a day from April 1 last to Dec. 1, ut supra, p. 1024. Ibid, p. 465.
Same to same for a same to authorise same to pay 500l. to Capt. Mathew Ingram towards the charge of package and carriage of the clothing now providing by Mr. Dodington and partners for the Army in Ireland, ut supra, p. 1024. Ibid.
Same to the Customs Commissioners. My Lords have appointed John Plumbly as above, p. 1025. He is to allow Thomas Alcock half the profits of the place during his life and is to give security to this effect before entering on the said place. Ibid.
Same to the Earl of Ranelagh to report on the enclosed petition [missing] of Capt. Alexander Peirce, praying to be inserted on the list of pensions and to be paid the arrears [of pay] due from the time he was last paid. Ibid, XIII, p. 1.
Same to the Customs Commissioners to report on the enclosed letter [missing] from the Lord President [of the Privy Council] to Lord Godolphin concerning some persons trading to France. Ibid.
Treasury reference to Mr. Harbord [Surveyor General of Crown Lands] of the petition of Thomas Horrell, shewing that Charles II granted to Sir Hugh Piper, kt., and Hugh Piper, his grandchild, the office of Constable of the Castle of Launceston in Cornwall, with the fee of 13l. 6s. 8d. per an. ; that said Sir Hugh is dead and petitioner has obtained consent of the widow to put in two lives in reversion and is willing to repair the same [castle] : therefore prays such a grant for two lives in reversion. Reference Book VI, p. 299.
[? Feb. 20.] Entry of the Treasury Lords' signature of an in custodiam lease under the Exchequer seal to Robert Jacob, gent., of divers messuages etc. in the parish of St. Dunstan, Harbledown, co. Kent, being parcel of the lands of Edward Roberts and Margaret his wife, outlaws : at 39s. 9d. per an. rent and fine of 69s. [79s.] 6d. Warrants not Relating to Money XIII, p. 391.
Feb. 20. Treasury constitution and appointment of Roger Pemberton to be steward of the Courts Leet, Baron, Views of Frankpledge, Courts of Survey and other Courts whatsoever of all the manors belonging to the Bishopric of Peterborough during the vacancy of the see (the said stewardship being now in the King's hands by the said vacancy) : all in as full and ample manner as you or any other former steward have performed the same. You are to make up the Court rolls and records thereof and return same yearly to John Knight and in the meantime you are to return to him perfect extracts thereof and of all fines, reliefs, heriots, amerciaments and other casualties soon after any Court shall be kept there by you, so that same may be put in charge and collected by any bailiff or receiver who may be thereto appointed for their Majesties' service. And you are to make special enquiry whether any of the demesne lands be concealed and what ancient rights, customs and privileges may of late years have been neglected, giving same in charge to the homages to make due presentment thereof in order to their recovery and revival for the advantage of the Crown and the tenants. Ibid.
Report to the King from the Treasury Lords on the petition of Edward Davis, John Hinson and Lyonell Delawafer and on the answer of Lord Howard of Effingham thereto and other papers thereto annexed. We have heard the parties concerned by counsel and the Attorney and Solicitor General thereon. It appears that James II by commission dated 1687, Aug. 21, appointed Sir Robert Holmes to be sole Commissioner for suppressing pirates and privateers in the West Indies either by force or by assurance of pardon on their surrender within 12 months and on giving security for good behaviour. On the 20th Jan., 1687-8, James II issued a Proclamation reciting the said commission and extending said period of grace to 12 months from date of said Proclamation for places between the tropics of Cancer and Capricorn and to 15 months for any other parts of America ; and further charging all Admirals, Governors etc. to aid said Holmes in suppressing all manner of pirates and privateers within the said limits ; but to permit all such pirates and privateers (on production of a certificate from said Holmes that they have so surrendered themselves and given good security for future good behaviour) to lawfully pass and travail by sea or land to or from any of the King's Islands, Plantations or Colonies or into England in order to their receiving a full pardon : and that meantime no indictment or other proceeding should be had against such : but all persons not so submitting etc. should be pursued with the utmost rigour and be finally excluded from further mercy. And thereupon the King gave instructions to commanders (and particularly one dated 1687-8, Jan. 31, to Capt. Thomas Allen, then commander of the Quaker ketch) not to make prize any pirates going or pretending to go to any of the Plantations in the West Indies to surrender themselves, but to treat them in a friendly manner and to carry them to their designed port if not far out of his way, or else to take them with him to his own destination, and on his arrival to deliver the pirates and their ships and ladings without injury to the Admiralty officers and Chief Governor of the place, so that they might apply to Sir Robert Holmes to qualify themselves for pardon. Divers other orders were sent to the same purpose from the then Secretary of the Admiralty. Further, on the 20th Oct., 1688, the Earl of Sunderland, then Secretary of State, wrote to Lord Effingham that the abovesaid Davies, Delawafer and Hinson were seized for piracy by Capt. Row, commander of the Dunbarton, and brought into Virginia with their money, plate and goods ; and that the King ordered that they should be prosecuted according to law in such manner as Sir Robert Holmes should desire or to be discharged to come to England for the King's pardon if Holmes or his agent should give them assurance of pardon as above either before or after trial.
At the hearing before us petitioners' counsel insisted that their piracy is not proven, but only questionable, and that if proven they ought to have the benefit of said Proclamation ; affirming that in April, 1688, they had notice of the Proclamation from one Carter, then commander of the sloop Port Royal, who afterwards made oath in Virginia that on the 15th of April, 1688, in latitude 26.30, he met with the ship Batchellour's Delight, carrying about 30 persons, mounted with several guns, and that he acquainted them with the Proclamation, promising pardon (as he said) both of lives and estates; at which they seemed exceeding joyful, and then the three petitioners left their own ship and took passage with him to Pennsylvania. The petitioners' counsel also insist that upon the said notice the petitioners in June, 1688, voluntarily rendered themselves to Capt. Allen of the Quaker ketch, and said Capt. gave them a certificate dated on board said ketch, then at anchor in Patuxent River in Maryland, and dated 1688, June 14, that petitioners being late privateers in the South Seas rendered themselves to him as one of the commanders of the King's ships and laying hold of the said Proclamation for pardon and had thereby permission to sail directly to James River, and that they should within 10 days of their arrival apply themselves to the Governor in order to give bond for their good behaviour, and either in person or by their agents to apply to Sir Robert Holmes for a full pardon : and that thereupon petitioners sailed from said Allen to Pennsylvania (in their way to Virginia), where they had a pass from the Government, with which they went to Maryland, where they had another pass from the Governor there, and went onwards to James River in Virginia (in order to comply with Capt. Allen's directions), where in an open boat unarmed they came to Capt. Row, then lying at anchor, who seized them and their estate: that they made application to Lord Effingham, the Governor, but did not presently shew their certificate of rendering because the Proclamation was not at that time published in Virginia ; and they pretend to have met with very hard usage : that when the Proclamation was published in Virginia they produced their certificate and laid hold of the Proclamation by several petitions to the Governor : that after some time they were discharged from their imprisonment and upon security given for good behaviour were at liberty to come for England. Further, to make out their property [title] to the riches in question, they allege they were in their possession and were taken from them by Capt. Rowe, that there is no proof against them nor act of law to divest them thereof : that they were committed upon suspicion and if there be a suspicion they ought to have the benefit of the Proclamation and hope they shall have the money.
On the other hand, it was urged by counsel for the King that petitioners are pirates and have owned themselves as such, and that the goods taken by them as pirates are not their goods, but belong to the Spanish subjects or the [English] King, and that the Proclamation relates only to their persons, not to their estates : that by the Proclamation they were to apply to Sir Robert Holmes, but instead thereof, being taken in Virginia and asked whether pirates or not they insisted on innocency upon two examinations, and the matter was confessed by a negro that when seized the first thing they desired was to be tried because they knew no proof was come against them and the Governors were commanded not to try pirates till intimation from England that they were ripe for trial ; further, that they insisted on innocency after the Proclamation came to the Governor's hands and was published ; that whilst Allen lived it was not mentioned that they surrendered before they were taken by Row ; that they were to surrender to Holmes or such as Holmes should appoint, and not to Allen : and therefore counsel moved that the goods might remain in the King's possession.
Petitioners' counsel replied thereto that if the crime be pardoned there is no confiscation, for confiscation is not till conviction, and if the offence be pardoned there can be no conviction : and that Capt. Rowe seized them in the mouth of the river as they were coming in, and would have seized their certificate if it had been produced ; and as to Lord Effingham's affirmation that being asked one by one whether they avowed themselves pirates and they would not, counsel says that when they were first seized in Virginia there was no notice there of the said Proclamation but what they brought themselves, and therefore they were advised by counsel not to produce their certificate ; that Lord Effingham did not proclaim the Proclamation till Aug. 6 and petitioners applied to him on the 16th of that month, which was within the time limited for rendering themselves, so that, if necessary, they might waive Allen's certificate of their first rendering: further, that they were put in irons and threatened to be hanged immediately, but were told they might [go free] if they would go without the money.
To this Lord [Howard of] Effingham replied that Row was a person employed by him to seize pirates and that he sent a true account to England of all money that was taken.
Witnesses were produced to prove that Allen's certificate was a real certificate and [the Governor's counsel] themselves allowed that it was tendered to Lord Effingham, who refused to read it : but we [the Treasury Lords] observe that the petitioners in their petition to the Government in Virginia took no notice of the said certificate, wherefore counsel for the King say it is probable that they procured it of Allen after their coming to Virginia.
In fine, Lord Howard of Effingham alleged that he had sent an account to England how these men were taken and desired the King's judgment whether they were within the Proclamation or not ; that he believes they were ill-used by Capt. Rowe because they were ill men, but when they came under his lordship's care they were enlarged. And petitioners' counsel finally replied that by sentences in the Admiralty men have had the benefit of this Proclamation without conforming to every particular circumstance that might ensnare them.
Upon the whole matter we think that it has not been made evident to us that petitioners have strictly complied with the Proclamation ; but after they left the privateer and went for Virginia we think their intention was voluntary to yield themselves to the Government, and we do not see that the property of the said money and goods now deposited in your Majesty's warehouse doth belong to any other than themselves.
Memorandum : the petition of the abovenamed Davis, Henson and Delawafer to the King, and also the answer of Lord Howard of Effingham thereto and the Order of Council referring same to the Treasury Lords do remain at the Treasury Chambers.
Ibid, pp. 392-7
[? Feb. 20.] Treasury order [to the Auditors of Imprests] to charge William Harbord with the items as follow [in his account as late Paymaster of the Forces in Ireland] to a total of 4,593l.
Prefixing : account of provisions delivered to the Army in Ireland by John Shales, late Commissary General [there], showing how much thereof has been deducted out of the subsistence issued by William Harbord, late Paymaster [there], and is to be surcharged on him in his accounts and what remains to be charged to the several Regiments or deducted from them upon their next clearing.
Warrants not Relating to Money XIII, p. 398.
l. s. d.
Provisions certified by Mr. Shales and deducted out of the subsistence by Mr. Harbord.
Horse.
Col. Edward Villiers 41 15 10
Lord Delamere 79 7 4
Col. Coy 99 4
Visct. Hewett 89 19 11
Lord Cavendish 49 4 0
French Regiment 229 7 8
Col. [Francis] Langston 63 9
Dragoons.
Col. Richard Levison 94 6 4
Foot.
Major General Kirke 202 9 4
Col. [John] Beaumont 171 1 6
Col. [William] Stewart 390 6 0
Sir John Hanmer 174 10 2
Col. Wharton 165 15 6
Earl of Meath 258 11 0
Sir Henry Bellasis 169 1 4
Earl of Kingston 149 6 4
Earl of Drogheda 121 7 6
Earl of Roscommon 147 10 10
Visct. Lisburne 147 9 4
Lord Lovelace 217 4 2
Sir Edward Deering 134 16 2
Sir Henry Ingoldsby 185 6 10
Col. Cha. Herbert 155 11 2
Sir Thomas Gower 201 17 10
Col. [Thomas] Erle [Earl] 208 14 2
Col. La Meloniere 203 15 6
Col. Du Cambon 165 5 3
Col. Callimote 180 11 7
Capt. Pitts and Miners [the miners] 5 10 6
Provost Marshal and men 5 3 0
4,507 5 4
This sum is surcharged on Mr. Harbord in his account with Mr. [Auditor] Done : the following item is charged in his account with Mr. [Auditor] Bridges, viz. :
Col. [William] Stewart's Regiment. 85 14 8
Total £4,593 0 0
Feb. 20. William Jephson to the Revenue Commissioners, Ireland, to give order that the things for the clothing for the Danish Forces mentioned in the enclosed note [missing] may be imported into Ireland, duty free. Out Letters (Ireland) VI, p. 50.