Martis, 23 die Februarii; 4° Gulielmi et Mariæ.
AN ingrossed Bill from the Lords, intituled, An Act
to enable John Keeble, Gentleman, to sell certain
Lands in Stow Market in the County of Suffolke; and to
settle other Lands of greater Value, to the same Uses;
was read the Third time.
Resolved, That the Bill do pass: And the Title . .
Ordered, That Mr. Goldwell do carry the Bill to the
Lords; and acquaint them, That this House hath agreed
to the same, with some Amendments; to which they
desire their Lordships Concurrence.
Trade in Cities, &c.
A Bill to prevent the Decay of Trade in Cities, Corporations, and Market Towns, was read the Second time.
Ordered, That the Bill be committed to * * * *.
Fuller's pretended Discoveries.
Mr. Bowyer (according to the Order of the Day)
reports, That the Members appointed had repaired to
Mr. Fuller; and directed him to report their Proceedings:
Which he did do, as followeth: viz.
That they first examined him, as to his Health: And,
as to that, they did not only find him sick, but dangerously ill of Vomiting and Looseness, which he had had
from Friday, Ten or Eleven of the Clock, and continued
in a very violent Manner; and that they were Spectators
of it themselves, and that he did bleed both Ways, and
That then they examined him as to the Affairs of the
Government: And that he said, He thought he lay upon
his Death-bed, and would not say any thing in his Examination, but for the Discharge of his Conscience, and
Service of this Kingdom.
That his Papers he had sent out in a Box to a Friend,
that they might be safe, if he miscarried.
That, when they read the Order for Securing of his
Papers, he sent for them, and let them examine all his
Papers; and all that were material they sealed up, with
That, as to the Particulars of his naming his Witnesses,
he did it very readily; and they are Persons, that, by the
Character that is given of them, are able to do good
Service: But Mr. Boyer said, He should not name them,
till he have the Commands of the House.
That Mr. Fuller did likewise tell, Where they did
reside, and where they were to be found: But that he
could not be positive, because he had not seen them since
they came into England: And that only Messengers came
between him and them; and the Messenger was then
asleep; and his Servants would not admit any to him.
That they did discourse the Doctor; and examine Mr.
Fuller, Whether there was any foul Play in his Sickness,
and whether there was any Poison in the Case: And that
the Doctor did give them an Account, That he saw no
Symptoms of it: And that Mr. Fuller himself did tell
them, That he did not know that he was poisoned; but
he had some Suspicion it might be so, because there was
certain Persons, that he saw about a Fortnight ago at
the End of the Alley where he lies, that he had accused
in this House; and, when they saw him, they drove away
the Coach; and some other little Particulars, whereby
there might be some Suspicion: And that they had
secured and brought all his Papers that are material, and
Two of his own Hand-writing: His Examination and
Information were taken upon Oath: And had sealed up
the said Examination, and Information, and Papers;
which they had directed him to present to the House:
And which he delivered in at the Table.
Ordered, That the same be opened and read.
And the same were opened and read accordingly.
And Mr. Fuller, in his Examination and Information,
mentioning Mr. James Hayes, and Colonel Thomas Dallavall, to be Witnesses;
Ordered, That the said Mr. James Hayes and Colonel
Tho. Dallavall be sent for immediately to attend the
Ordered, That Sir Mathew Andrews, and Mr. Arnold,
and Mr. Hutchinson, do go, and take with them the Serjeant's Men to the Place, where Mr. Fuller has directed
them the said Persons lodged, and to whom he described
them; and bring the said Persons with them.
And accordingly the Members appointed went.
The Members, who went for the Witnesses directed by
Mr. Fuller, being returned;
Sir Mathew Andrewes reports to the House, That they
had been at the Place, directed by Mr. Fuller; but that,
upon Inquiry there, both of the said Persons Names and
the Description of their Persons, they could not hear of
any such Persons to have lodged either at that Place, or
the adjacent Houses; the Persons who owned the said
Houses being all ignorant of any such Persons.
Whereupon it was Ordered, That Mr. Fuller do procure
Mr. James Hayes, and Colonel Tho. Dellavall, the Two
Witnesses he informed this House of, to attend this
House To-morrow Morning at Ten a Clock peremptorily.
Ordered, That Mr. Fuller do also procure Mr. Jones,
of whom he also informed this House, to attend this
House at the same time.
Judges Commissions and Salaries.
A Message from the Lords, by Sir John Francklin and
Sir John Hoskyns;
Mr. Speaker, The Lords have agreed to the Bill, intituled, An Act for ascertaining the Commissions and
Salaries of the Judges; with some Amendments: To
which Amendments they desire the Concurrence of this
And then the Messengers withdrew.
And the said Amendments were read; and are as
Press 4, Line 8, leave out "or any Clause thereof."
Line 13, leave out from "thereby," to "and,"
in Line 3.
Press 5, Line 14, after "ancient," add "and."
Line 15, leave out "always."
Line 21, after "Courts," add "which Table so
allowed, and signed by the respective Judges, shall be by
them tendered to the Consideration of the Parliament at
the next Session, to be by them approved, or altered, so
as to be put into an Act, if they shall think fit."
And the same, being read a Second time, one by one,
were, upon the Question severally put thereupon, agreed
unto by the House.
Ordered, That Sir Walter Young do carry the Bill to
the Lords; and acquaint them that this House hath
agreed to the said Amendments.
Then Mr. Culleford, according to the Order of the
Day, gave his Answer to the Report from the Committee
appointed to inquire into the Disposal of forfeited Estates
in Ireland: And he delivered the same in at the Table:
Where the same was read; and is as followeth; viz.
To the First Part of the said Report, whereby Sir
Charles Meredeth, in the said Report mentioned,
informed the said Committee, That he the said Sir
Charles, and Mr. Vanhomery, were not consulted
in the Methods laid down by the Respondent, and
the rest of the Commissioners of the Revenue in
Ireland, for settling the forfeited Lands there;
and that he the said Sir Charles and Mr. Vanhomery, refused to sign the same, after they were
Resp. The Respondent saith, He believes the Lords
Justices did send for the Commissioners of the Revenue; and directed them forthwith to consider of proper
Methods for settling the forfeited Lands; and to attend
them with the same the next Morning, by Eleven a Clock:
That the said Sir Charles Meredeth was with them, when
they waited on the Lords Justices, and received the said
Directions: And, after they had come from the Lords
Justices, the said Sir Charles excused himself for that Evening; as did also Mr. May and Mr. Lowther: But at the
same time the said Sir Charles, and the said Mr. May, and
Mr. Lowther, did advise and agree, that the Respondent
and Mr. Ford should call the said Mr. Thompson to them,
and go together, and prepare a Scheme or Draught
thereof: Which they accordingly did that Night: And the
next Morning the Respondent brought the same to the
Custom-house: And, Mr. Lowther and Mr. May being
there, and also the said Mr. Ford, the said rough Draught
was there read, and approved of: And the said Sir Charles
Meredith not coming early enough, the same was ordered
to be copied over fair: Which was accordingly done, and
signed: And the said Sir Charles Meredeth, coming in just
before the fair Copy was brought up to them, was in a
great Passion, because the same was copied fair before he
had seen, and consented to the rough Draught: And the
Respondent believes he refused, and did not go with them
to the Lords Justices: But, whether Sir Charles signed the
same, the Respondent doth not remember; but is induced
to believe the said Sir Charles might sign the same, because
their Secretary always enters whatever Presentments, Letters, or other Orders, issue from the Board, in a Book;
and also the First Letter of the Names, and First Letter
of the Surnames, of each Commissioner that signs the same:
And the Respondent believes the said Scheme of such
Method was so entered, and the Letters of the said Sir
Charles Meredeth's Name entered likewise, as one that
had signed the same: But doth not remember any such
Passage as the said Sir Charles Meredeth's taxing the
Secretary therewith, or the raising or blotting the same
And the Respondent saith, That, when they had met
to consider of the said Methods, he inquired into the
Course . . . had been taken, after the Rebellion in 1641:
And that the Forfeitures were then leased, by the then Commissioners, for One Year; and that such a Method would
be the easiest, as well as the cheapest, Way; and that, at
the Year's End, the Books, wherein such Leases were entered, were returned into the Auditor's Office, to the end
Process might issue thereon, if Occasion required.
The Respondent heard, the Exchequer Officers made
some Propositions of doing the same at an easy Rate; but,
whether as cheap as the Method proposed, remembers not;
but well remembers the Reason, Why they thought the
other Method easier, was, because the Exchequer was not
always open, and many Offices was to be gone through,
and every Lease to be entered with the Auditor General,
who, of course, every Half-year issues Process for the King's
Rents: And they knew it was impossible for the Tenants
to pay any till the Year's End; and if this Method were
preferred, it would be very uneasy to the Tenants: and
therefore they chose the former Methods: Which, when
they had signed, and delivered in to the Lords Justices,
their Lordships communicated the same to the Privy
Council there: Who approved thereof; and ordered them
to pursue the same, in the settling the said forfeited Lands:
Which they did. And the said Sir Charles Meredeth, being
then one of the Privy Council, might there have offered his
Objections thereto, if he had so thought fit: And therefore
the Respondent knows not what the said Sir Charles
Meredeth means by the Expression, "That he looked on
this Proceeding as the Rise of our Misfortunes:" For it
is well known, that the King's Lands, set by the Commissioners, pursuant to those Methods at That Time, were
better set than any private Gentleman did or could lett
his Estate in that Kingdom.
The Respondent saith, That the Mills and Wears of
Kilmainhair were not forfeited on account of the late
Rebellion in that Kingdom: That the Title thereof was
controverted betwixt several Protestants; viz. the Dean of
Christ Church, Sir Maurice Eustace, and Mr. Flood: And
the Chief Governors of Ireland have disposed thereof, for
a Term of Years, or otherwise, as they thought fit: And
the Quit Rent reserved to the Crown thereout is Twenty
three Pounds Ten Shillings yearly: And, in 1685/6, they
were, by the then Lord Lieutenant of that Kingdom,
granted to the Respondent at the said yearly Quit Rent;
which he duly paid, and enjoyed the same till unjustly dispossessed thereof by the Lord Tirconnell: That, just
before he was so turned out, he had expended and
laid out Fifty-eight Pounds in the necessary Repairs
thereof; and no Satisfaction was made him for the same:
That soon after his Majesty's glorious Victory at the
Boyne, the Respondent (as other Protestants in that Kingdom, in like Cases, did) entered into the Possession thereof, conceiving himself restored thereto by the Intent of
the Act made in this Kingdom, for restoring all Protestants who had been unjustly dispossessed of their Possessions: And, as soon as the Commissioners of the Revenue
sat in Ireland, this Respondent, to strengthen his former
Right, took a Lease from the Commissioners of the Revenue at the yearly Quit Rent aforesaid: But the Respondent saith, the said Mills and Wears never yielded to the
Respondent above One hundred and Twenty Pounds in
the best of Times: Out of which this Respondent every
Year made great Allowances for the Repairs thereof;
and the Respondent set them this last Year for One hundred and Three Pounds, and no more: And this Respondent is liable to all Repairs and Accidents: And what That
will amount to, the Respondent cannot tell, until he hath
had an Account thereof from his Lessee; but saith, that
they commonly are very considerable.
The said Respondent saith, That he wonders to find
the said Sir Charles Meredeth say, He was surprised in signing the said Lease to this Respondent: Whereas this
Respondent saith, the said Sir Charles Meredeth did not
sign it; and the said Mr. Vanhomery was not surprised
in signing the same: for he knew all the Matters aforesaid
relating thereto: And the Reason, Why the said Sir Charles
Meredeth did not sign the same, was, as the Respondent
believes, because he was not in Ireland, when it was brought
thither to be signed: And the Respondent doth not think
the said Sir Charles Meredeth was surprised at any time,
in the Signing of any Lease; but the Respondent humbly
conceived the Excuse made by Sir Charles Meredeth, for
not refusing to sign the same, viz. "that the King's Affairs
should not be put in Disorder," can be of little Weight;
because, at the same time he signed such Leases, he pretends he suspected the same were in Trust for some of the
said Commissioners: Which if he imagined to be got by
Fraud, or otherwise, to the Prejudice of their Majesties
Interest, he ought not only not to have signed the same,
not being pressed nor urged thereto by any of the said Commissioners, or any other Person; but also to have made
the same known to the Lords Justices: Which the said Sir
Charles Meredeth never did, nor pretends to have done
The Respondent further saith, and denieth, that the
Lands of Carduffe, Abbots Town, and Deanes Town, or
any or either of them, were taken in Trust for this Respondent, by any Person or Persons whatsoever; nor was
the Respondent directly or indirectly concerned therein
at or before the taking thereof: But, for Manifestation
of this Truth to this honourable House, saith, That, according to the said prescribed Methods, the said Lands were
duly posted up, and exposed to be set by publick Cant,
or Outery: And the same came on before the Commissioners: And many Persons had put in Proposals, and appeared, and canted for the same; and, among them, one
Roger Noeland, a Protestant, who had Three several Judgments entered up against Thomas Warren, to whom the
said Lands of Cardoffe, Cattleknock, &c. belonged;
one of Fourteen hundred Pounds, for Payment of Seven
hundred Pounds; the Second for Six hundred Pounds,
for Payment of Three hundred Pounds; and the last for
Three hundred Pounds, for the Payment of One hundred and Fifty Pounds; as this Respondent remembers:
Which were actually extended before the said ThomasWarren was outlawed: And the said Roger Noeland, in Consideration (as this Respondent believes) of his Incumbrance
thereon, outbid the other Pretenders; and Deanes Town,
and Abbots Town adjoining thereto, took the Whole at
Six Shillings and Sixpence per Acre: Which were all included in one Lease; and the whole Rent, for One Year,
according to the Rate aforesaid, amounted to Three hundred and Nineteen Pounds Sterling.
And the Respondent doth say, That, at the time of
taking and perfecting the said Lease, or at any time before,
he was no ways interested or concerned in the taking the
said Lands, or any of them: nor gave any Direction for
the Taking thereof: And the same were then really and
bona fide set to the best Advantage, and for the highest
and best Rent could be had or got for the same.
And the Respondent saith, That, some time after the said
Lease was so perfected, the Respondent was informed, the
said Roger Noland was desirous to have his Money; and
he, by Friends, applies to the Respondent, to deal with
him for the same: And the Respondent being persuaded
to hearken to it, but suspecting the said Judgments were
but fraudulent, with Design to cover the said Estate from
Forfeiture, and the said Lease was taken in Trust for the
said Warren the forfeiting Person, the Respondent went
to Counsel: Who advised the Respondent to prefer a Bill
in Chancery, to know whether the said Debts, so claimed
by the said Noland, were real Debts due to the said Noland, or not; and whether the said Lease was really taken
to the said Noeland's own Use, or in Trust for any other,
and what Person: And accordingly the Respondent preferred such a Bill: And the said Noeland answered the said
Bill on his Oath; and therein swears the said Debts, due
on the said several Judgments, were real Debts, and due
to him the said Noeland, and not in Trust for any other;
and that all the Money was due thereon: And said, That
the Judgment of Three hundred Pounds, for Payment of
One hundred and Fifty Pounds, was also due, as he conceived, though Satisfaction was acknowledged on Record;
because, he said, that in the late Rebellion there, the said
Warren had compelled him to receive the same in Brass
Money, which was of no Value; and also swore, that he
the said Noland had taken the said Lease of all the said
Lands in his own Name, and to his own Use, and not in
Trust for any Person or Persons; as by the said Bill and
Answer, remaining on Record in the Chancery of that
Kingdom, may appear. After which the Respondent, and
the said Noland, came to an Agreement: And the Respondent then paid down to the said Noland the whole
Money due; but would not meddle with the Brass Money
Judgment, because of the pretended Satisfaction thereof,
as aforesaid: And, on the Payment thereof, the said Noeland did assign the said Lease over to this Respondent, and
the said Judgment to this Respondent's Use.
And the Respondent saith, That these Transactions were
some considerable Time after the said Commissioners had
perfected the said Lease to the said Noland; but the
exact Time this Respondent cannot ascertain, because
that the said Assignments, and all the Papers relating
thereto, are in Dublin; and he hath no Paper or Entry
in his Custody or Power in England, to guide or direct
him to the Certainty thereof.
And this Respondent saith, That afterwards he lett the
said Lands of Abbots Town, and Deanes Town, to the said
Thady Birne, and one Mr. Richard Collins, at the same
Rent of Six Shillings and Six-pence per Acre, which the
said Noeland had contracted to pay for the same: Which
Lease was so made by this Respondent, in Trust for him
the said Swetman.
And this Respondent confesses, He gave such Acquittance, dated Seventh of May 1691, to the said Thady
Birne, for Fifty Pounds, Part of the said Rent: And the
Respondent also writ such a Letter to the said Swetman,
dated October the Twenty-seventh 1691, requiring him
to pay the last Half-year's Rent, being Fifty-four Pounds
Ten Shillings, to this Respondent's Brother: But the
Respondent saith, No Part of the said Fifty-four Pounds
Ten Shillings is yet paid.
And the Respondent saith, He never heard the said Sir
Charles Meredeth give such Advice to the Commissioners,
not to take any of the said forfeited Lands, as by his
Information, he insinuates; nor knows what Command or
Directions he gave his Servant Mackanzy concerning the
same: But doubts not to prove, with the Leave of this
honourable House, That the said Mackanzy took one or
more Lease or Leases, in his the said Mackanzy's own
Name, of some Part of the said forfeited Estates; and
he the said Sir Charles Meredeth knew thereof, and signed
such Lease or Leases.
The Respondent further saith, That he does confess,
that the said Sir Charles Meredeth did not go over into
Ireland sooner than the latter End of August 1690, as, by
his Information, he sets forth: And the Respondent saith,
He believes most Places in the Revenue were by that time
filled up: But further saith, That such Protestants as had
been in any Employments in the Revenue, who were turned out in the late Government there for their Religion,
and had fled for England, and returned afterwards, were
restored to their several Places: And the other vacant
Places, where no such Protestant Officer appeared, were
filled up by new ones for the necessary Service of their
Majesties: But denies, That any in the Enemies Quarters
were filled up: But, if the old Officers came, they were,
as the Respondent believes, promised to have their former
Stations and Places, as soon as those Parts, where their
Charge lay, were reduced.
And the Respondent saith, That, after the said Sir
Charles Meredeth landed, he recommended as many to
Places in their Dispose, as any others; and they were entertained, after they had been examined, and found qualified, as in like Cases.
And this Respondent, with all imaginable Submission,
begs Leave of this honourable House, to observe to them,
That the said Sir Charles Meredeth, by his Oath of Commissioners of the Revenue, is sworn and obliged to
discover and prevent all Frauds and Miscarriages in the
Managery of the Revenue, that should come to his
And the Respondent saith, The said Sir Charles Meredeth hath not made either the Lords Justices, or the Privy
Council in Ireland, nor the Lords of the Treasury here,
acquainted therewith; which he ought to have done, if he
thought this Respondent guilty of any Corruption or Mismanagement: Which this Respondent the more admires
at, because the said Sir Charles Meredeth hath been in
England near Ten Months of the Eighteen, since the Reduction of Dublin; and left the Respondent, and the
other Commissioners, to do his Duty; though he received
his Salary constantly, as if he had attended the King's
Service: Of which this Respondent often complained:
For which Reason, and because of the Words of Heat,
that passed betwixt the said Sir Charles Meredeth, and the
Respondent, at their Board; which the said Sir Charles
Meredeth, by his Information, owns; the Respondent
humbly lays before this honourable House, as an Evidence,
That this Information seems to proceed, and be an Effect
rather of Resentment for some private Injuries conceived,
than any thing else: And therefore humbly prays the same
may be weighed, and considered accordingly.
The Respondent confesseth, The said Colonel Fitzgerrald was one of the Commissioners of Seizures in Ireland; and believes, he served therein Four or Five Months;
and that, from those Commissioners, there were several
Schedules or Returns sent to the Respondent, and the other
Commissioners of the Revenue; which were certified by the
said Commissioners of Seizures, to the Respondent and his
Brethren, to be true Copies of the Original Returns, to be
then made by the Commissioners in the respective Counties; with Orders to their Sub-Commissioners, to give the
Particulars thereof up to the Commissioners of the Revenue, as was agreed, and directed by the Lords
And this Respondent believes, The gross Amount of
the Value of the Whole, in such several Schedules, came
to near the Sum in the Information mentioned: But the
Respondent saith, He never saw the Accompt or Schedule
given in by the said Informant to the honourable the said
Committee of this honourable House, nor ever heard or
believes any such was ever delivered in to the Commissioners of the Revenue; but the same is some Abstract of
the said Informant's own Framing: On View whereof, this
Respondent saith, Many of the Particulars therein are not
chargeable, as he humbly conceives, on the Commissioners
of the Revenue in general, or on this Respondent in particular, as doth appear by the said Schedule given in by
said Colonel Fitzgerald; the Extract of which Particulars not to be charged to the Accompt of the Commissioners of Revenue, the Respondent hath made, and
hath ready to produce; which, in the Whole, amounts
to Eighty-four thousand One hundred Thirty-one Pounds
Five Shillings Sterling, and is Part of the said Grand Sum
charged by the said Colonel Fitzgerrald: Which Sum is to
be deducted out of the said Grand Sum: And, besides that
Sum, there are the Values of the Particulars follow to be
deducted thereout; viz. All the Goods of such who submitted, on the King's Declaration, just after the Victory
at the Boyne; all Corn delivered, by the Lords Justices
Order, to the Commissaries of the Stores; also the Draught
Oxen, and all the Protestants Goods, that were seized in
the Hands of Papists; which were restored to the Protestants, making out their Property thereto: Which, the Respondent saith, by the Acknowledgment of the said Colonel Fitzgerrald, under his Hand, amounted to One half
of the Goods seized by the Commissioners of Seizures, as
forfeited: Which Acknowledgment of the said Collectors
the Respondent is ready to prove. And the Respondent
humbly offers the following Instance; viz. The Sub-Commissioners in the County of Wicklow made a Return of
Seizures by them in that County, which they valued at
about Six or Seven thousand Pounds, as he remembers;
which they, by Inventory, delivered over to the Officers
appointed by the Commissioners of the Revenue to receive
the same: And, after several of the said Particulars had
been taken away, under the Pretences, and on the Accounts, and by the Orders aforesaid, or some of them,
the full Remainder and Residue of the said Particulars,
so delivered to their said Officers, were by publick Outcry,
disposed of; and the Produce thereof came but to Seventy-five Pounds or Eighty-five Pounds Sterling, and no
more; which was the general Case in all other Counties:
And, as to the further Accompt of the other Particulars,
the Respondent saith, He acted therein with the rest of
the Commissioners of the Revenue; and the Respondent
doubts not, with the Permission of this honourable House,
to prove, that the same was managed, without the least
Deceit, to the best Advantage: But all the Accompts
thereof are in Dublin; and therefore the Respondent is
utterly unable to give any other Answer at present: And
the Respondent believes the said forfeited Goods in the
said Schedule were seized after the time in the Collectors
Information mentioned; and that Part of them were the
Goods of Protestants.
The Respondent saith, he knoweth not whether the said
Colonel, and the other Commissioners of Seizures, disposed of any of the forfeited Goods; but have heard
and believes they did: But saith, That, his Majesty
having sent Orders to the Lords Justices, dated the 6th
of December 1691, to supersede and determine that Commission; for that the same was found to be of some Prejudice and Inconvenience to the Subject, and little or no
Benefit to the King; and the Lords Justices having sent
that Accompt to the Commissioners of the Revenue;
thereon the Commissioners did signify his Majesty's and
the Lords Justices Pleasure and Directions to the said
Commissioners of Seizures: Which the Respondent humbly conceives, is the Prohibition in the said Information
mentioned to have been sent from the Commissioners of
the Revenue to the Commissioners of Seizures.
And the Respondent further saith, That the Commissioners of Seizures had nominated several Sub-Commissioners, in the respective Counties and Places, for the
better Managery of that Affair: And, after the Respondent,
and the other Commissioners of the Revenue, had the said
general Accompt sent them by the Commissioners, for the
taking more orderly and exact Accompts of what was returned to them, to be in the Custody or Power of such
Sub-Commissioners, the Respondent and his Fellows directed some Collector, or other Officers of theirs in these
several Places, to take and receive, from the said SubCommissioners, an Inventory, in Writing, of what they
should deliver to such Collectors or Officers, and the
Quantity, and the Quality, and Value thereof; and to get
the same to be signed by every such Sub-Commissioner
or Sub-Commissioners: And, at the same time, directed
their said Collector, and other Officer, to sign a Duplicate
of such Inventory, and leave the same with such Sub-Commissioner or Sub-Commissioners; which was accordingly
done every-where, as the Respondent believes: But the
Respondent denies that he, directly or indirectly, had any
Part of the said forfeited Goods sold to him, or to any for
his Use, or hath any of them in his Custody or Power.
And this Respondent doth confess, he writ the Letter in
the Information mentioned, marked (6), and dated the
Two-and-twentieth November 1690, to Sir Thomas Atkins:
And owns, he took the said Lands of Cardiffe Town, in
the said Letter, in such manner, and for the Reasons herein
after set forth: But how fairly and handsomely the said
Letter was got from the said Sir Thomas Atkins by the said
Colonel Fitz Gerrald, may appear by a Letter from the
said Sir Thomas Atkins, directed to this Respondent, and
ready to be produced, bearing Date, at Dublin, the Second instant; to which this Respondent refers.
And, as to the said Lands at Cardiffe Town, the Respondent saith, the same lies in the County of Kildare; and
contains, in the Whole, Two hundred Seventy-seven
Acres, and no more; whereof Sixty-five are Part of the
King's private Estate, as belonging to the late Duke of
Yorke, and the remaining Two hundred and Twelve Acres
was the said Mr. Cardiffe's Estate.
And the Respondent further saith, That the said Mr.
Cardiffe was Tenant to one Mr. Willet a Protestant, for
some other Lands in the County of Meath, which he held
by Lease for Twenty-one Years (whereof about Eight or
Nine are yet unexpired) at the Rent of One hundred
Pounds a Year: And the said Willet having granted the
Respondent a Power to receive the Rent and Arrears
thereof, and the Respondent having applied to the said
Mr. Cardiffe for the same, and the Arrears being Three
hundred Pounds at least, the said Cardiffe used all imaginable Subterfuges to avoid the Payment thereof, and privately removes his Stock from the said Willet's Land to
Cardiffe's Town, to prevent their being seized for the said
Rent; and made several fraudulent Sales thereof, to defraud the said Willet, and the Respondent: After which,
the Respondent confesses, when the Lands in the said
County of Kildare came to be set, he did direct, that the
said Lands of Cardiffe's Town should be canted for: And
saith, that the said Lands were accordingly publickly canted for, without any Design or Intent of this Respondent
to have the same taken at any lower Rate than other
neighbouring Lands of like Goodness.
And the Respondent saith, the same were then set for
Three Shillings per Acre: And the Respondent did this
innocently, and without any Design of Fraud; in hopes
that, if the said Lands came to be sold, he might have
some Consideration made him for the said Arrears, or, at
least, a Preference to the Purchase thereof: And this
Respondent doth believe the same was set at the full Value, and not at any Under-value: And the Respondent
did not take the same out of any Hopes of present Advantage, or otherwise.
And, as for the said Sixty-five Acres, Part of the King's
said private Estate, he saith, the same was set in the Year
1670, for a long Term, at Two Shillings and Six-pence
per Acre: And the said private Estate was not set up by
publick Outcry, or Cant; but, by Direction of the Lords
Justices, was ordered to be set at the former Rent, as all
the private Estate was: And thereupon, the Respondent
having taken the said other Parcel, for the Reasons aforesaid, and the said Sixty-five Acres being the worst Part
of the said Cardiffe Town, and no Person offering to become Tenant thereto, the Respondent was willing and
content to give the former Rent for the same, which was
Two Shillings and Six-pence per Acre; which was as
much as the said Lands were worth in 1670, when Lands
were of a greater Value than now they are: The Rent of
which Farms, for One Year, amounted, in the Whole, to
Thirty-nine Pounds Eighteen Shillings and Six-pence:
And the Respondent laid out necessarily Twenty-two
Pounds for repairing the House, and Out-houses, and
Building, and to keep them stanch, and from falling
down, which otherwise in Probability they would.
And the Respondent saith, That Colonel Redhassell's
Servants and Horses were quartered in the said House,
and lay there five Months; in which time they consumed
all the Corn, Hay, and other Provisions there.
And the Respondent saith, That he lett the said Farm
to Mr. Charles Monke for Three Shillings and Six-pence
per Acre, and no more, who lett the same to one Mr.
Stannus (as the Respondent was informed) for Eighty
Pounds a Year, and no more; but it was after that he
the said Monk had, at his own Charge, sowed and ploughed
the Crop then in the Ground.
And this Respondent saith, The said Increase did not
reimburse the Respondent his Charges in Repairs, as
aforesaid: And the Respondent denies the said Lands
are, or ever were, worth One hundred and Twenty
Pounds a Year, as the Informant suggests.
The Respondent heard, several of the protected Irish
were plundered by the Army: But the Respondent did not
know how to remedy such Disorders; nor knew what the
said Colonel Fitzgerald's Thoughts were, nor what occasioned the Irish to fly out in Rebellion at the Bog of
Allen: But the Respondent is most certain, he (this Respondent) was no Occasion thereof: Nor doth the Respondent know what Discourse the said Colonel Fitzgerrald had with George Fitzgerrald of Clanbullock's Wife.
The Respondent believes he signed the said Mr. Monke's
Commission; but the Respondent denies he ever signed
any Commission, either to the said Monke, or any other
Person, to seize the Goods of the Protected, as well as
Unprotected: and denies the said Monke ever had any
such Commission as the said Informant Colonel Fitzgerrald alleges; as, by the said Monke's Commission, to
which the Respondent refers, which the Respondent says
is in Ireland, may appear.
The Respondent further saith, He knows not the Value
of the said Swetman's Estate, other than aforesaid, nor
what Estate he had, except the said Lands of Abbott's
Town, nor what Offers the said Swetman made the Informant: But the Respondent owns, he is possessed of
Abbotts Town under the said Noeland's Assignment, as
aforesaid: And the Respondent hath great Reason to think
the said Informant Colonel Fitzgerrald brought all the
Accounts he could, of any Mismanagements in the Revenue; for that he the said Colonel took such particular
Care to get the said Letter writ. by this Respondent, to
the said Sir Thomas Atkins, after the unaccountable Manner as by the said Sir Thomas Atkins' Letter appears.
The Respondent saith, He knows not what Commission
the Informant Annsley had; but believes he was Sub-Commissioner of Kildare; but doth not know that he seized
Newlands in that County, nor whether he seized on all
or any other of the Particulars in his said Information;
nor knows whether he delivered the same, or any, or
what Part thereof, to the said Monk: But the said Respondent owns, the said Mr. Monk was, by the Commissioners of the Revenue, employed to take the Accompts
in the said County, from the Sub-Commissioners there:
And the Respondent knows not what Pains or Expences
the Informant Annsley was at in his Managery; but saith,
He knew no Allowance given any of the Sub-Commissioners: And the Respondent believes, the said Sub-Commissioners have stopped, in their Hands, more than in Reason they could have expected for any thing they did:
And the Lords Justices are so far from thinking the SubCommissioners made fair and just Returns, that the Respondent hath an Accompt ready to be produced, dated
at Dublin the 19th of the last Month; whereby the Lords
Justices have lately ordered all the said Sub Commissioners
to accompt in the Exchequer, on their respective Oaths.
The Respondent knows not what the Informant Annesley offered for Newlands, nor what he would have given
for the same; but saith, That Newlands contains about
Five hundred Acres, and is Part of the King's private
Estate, which they were directed not to post up or expose
to be canted, as the aforesaid Estates were, but the same
to lett for One Year to any Person that would pay the Rent
reserved thereout in 1670: And, one Sarsfeild being the
last Possessor thereof, and fled to Limerick, the Commissioners considered how to dispose thereof, imagining the
said Lease was forfeited; and the said Respondent, not
having any Account of the said Mr. Annesley's Officer or
Intentions, desired he might have the same, paying the
former reserved Rent, which was Fifty-eight Pounds a Year
(several Years whereof were then undetermined); and
accordingly had it; and, he believes, the same was really as
much as the same was then worth: And further saith, That
some of the Troops of the said Colonel Redhassell's Regiment, being quartered there all that Season, consumed all
the Hay and Oats there; and, when they removed, they
left only a Bill for Thirty-two Pounds, to be satisfied out
of their Pay, no Part whereof has ever been paid or received; and the Tenants there paid this Respondent about
Thirty-four Pounds more; and this Respondent sold what
Corn the said Troops left, for about Ten Pounds: But the
Respondent further saith, That, about Two or Three
Months after he had taken the said Lease, the honourable
John Jeffreson Esquire, one of the Justices of the Common Pleas, coming into Ireland, sent to the Respondent,
and informed him, That the said Farm of Newlands was
leased to one Benjamine Hinton, of London, in Trust for
one Sarsfeild, an Inhabitant of London, who was no forfeiting Person, and not that Sarsfeild who was fled with
the Irish, who the Commissioners thought to have been
the Lessee; and, producing the Deeds thereof, the Respondent offered to deliver up the same to the said Mr. Justice
Jefferson, for the said Sarsfeild's Use: But the said Mr.
Justice Jeffreson desired the Respondent to continue it at
the reserved Rent for that Year: Which the Respondent
did, and, the last Michaelmas, gave the same up to the said
Mr. Justice Jeffreson. The Respondent owns he gathered
in the Crop for the last Year; as, with humble Submission
to this honourable House, he conceives was just for him
to do, for the Reasons aforesaid.
The Respondent doth not know or remember any such
Lease of New Abby in the said County of Kildare, to the
said Mr. Monk; nor knows at what Rate the same is now
set, or was formerly set, nor the Number of Acres the same
contains, having no List by him to direct him therein:
Nor doth this Respondent know the said Mr. Annesley did
any thing for old Connell, in the Information; nor remembers any thing thereof: But the said Informant hath given
a good Reason why he had it not; viz. That Mr. Wesely,
to whom the same was leased, outbid him. The Respondent knows not whether the same was so leased to the said
Weesely, in Trust for the said Richard Thompson: But the
Respondent remembers, that the said Mr. Annesley, and
his Brother, had taken many Farms of great Value; and
the Commissioners insisted, and called on them, for Security for the several Rents; which they delayed for several
Months till the Commissioners threatened to expose them
to be canted again; and, at length, they gave in Security.
The Respondent denies he used any menacing or threatening Expressions to the said Mr. Annesley. The Respondent saith, as to the said Mr. Fronteyne's Information, he
believes he had such a Warrant for some Wines for his
Majesty's Use; but, for what Quantity, remembers not:
And the Respondent owns the same was brought from
Drogheda, where first seised, and taken into the publick
Storehouse; and that the Wine or Brandy were near a
hundred Hogsheads; and the said Fronteyne, after the
King was gone for England; insisted to have the said
Wines into his Custody; which the Respondent and his
Brethren represented to the Lords Justices: Who, after
several Applications made by the said Fronteyne, ordered
the Commissioners to dispose thereof: Which they did,
for about Eleven hundred Pounds: Whereas the Respondent believes, if the said Fronteine could have got them
into his Custody, it had been so much less to the King.
The Respondent, as to the Information of Mr. Heighleigh and Mr. Collins, concerning the settling Beggatroth
at an Under-rate by the Commissioners of the Revenue,
saith, That, to his Remembrance, he thinks the same
contains Two hundred Acres of Land, which they set at
Thirty Shillings an Acre, to the said Sheriff and Collins,
in the Information; and then thought the same was well
set: And further saith, That, before that, they did send
for the Tenants, and inquired into the Rents payable by
them; but could get no account thereof: And the Respondent and Commissioners offered to them at Thirty
Shillings an Acre; but that they would not.
And this Respondent believes they were near Six Weeks
in Treaty with the said Tenants; but could bring them
to give no more than Two-and-twenty Shillings or Threeand-twenty Shillings an Acre: Whereupon at length they
did set the same, as aforesaid.
And the Respondent further saith, He denies he ever
signed such Order to the Sub Commissioners of Wicklow,
to seize the said Sandon's Goods, notwithstanding his
Protection; nor heard of the said Sandon's Name, as he
remembers, till on this Information; nor knows that
any of the said Sandon's Goods were seised; nor of any
Application made, by the said Sandon, for Restitution
The Respondent owns, He owns St. Dowlas Wells, by
Lease from the Church whose Right it is; and denies Mr.
Monke, holds or occupies any forfeited or other Lands,
for this Respondent. And this Respondent further saith,
That he doth not know, that the said Mr. Collins is anyways concerned or employed in the Revenue But saith,
That he was a Commissioner of the Revenue under the
late King James in Ireland, till the Defeat of the Irish at
the Boyne; and is indicted and outlawed in England.
As to Mr. Griffithe's Information, the Respondent
saith, The said Mr. Davis is one of the Surveyors of the
Excise in the County of Dublin, but not Collector of the
Ale Licences; and that he has been in that Employment
many Years, and always looked on as a very honest and
understanding Officer in that Employment; but never,
till by this Information, heard he kept a Brewhouse, or
was a Brewer. The Respondent also owns, His Brother
is Collector of Excise in the County of Dublin; but never
heard he was a Malster, till by the said Information.
As to Mr. Toby Butler's Information, the Respondent
saith, That, after the Limerick Articles, the Respondent,
just as he was leaving Dublin, had an Account, that the
said Warren of Carduffe had made some Applications to
the Lords Justices to be restored, as included in those
Articles: And the Respondent being ready to go on
Shipboard, and not knowing where Warren would prosecute his Demands, he left a Caveat with the Lords
Justices Secretary, stating the Respondent's Claim; that,
whatever Order was made, the Respondent's legal Right
might not thereby be prejudiced.
And, after this Respondent had left Ireland, the Lords
Justices did, by their Order, dated the 10th of December
1691, restore the said Warren to such Possession as the
King had; with a Saving to all that had any Possession
by any legal Title; as, by a Copy of that Order, ready
to be produced, may appear.
The Respondent knows of no Complaint made by the
said Toby to the Lords Justices; but does not believe the
Lord Coningsby made such Return or Answer to the said
Toby, as, by his Information, he sets forth.
As to the Information of John Kent, the Respondent
saith, He knoweth not of the Discourse passed 'twixt the
said Informant, and the said Collector of the Customs at
Corke; but doth not believe there was such Discourse; but
owns, the Respondent holds the Wharfage and Craneage
of Corke in the Name of Wm. Gover: And the Reason of
it was this; About 1684, the Respondent being then a
Commissioner in Ireland, and having Intimation of great
Frauds used 'twixt the Officers and the Merchants at Corke,
the Respondent took a Journey on purpose, from Dublin
to Corke, to inquire into the same; and on further Inquiry, made a full Discovery thereof, and turned out such
Officers as he found faulty: And, observing, that, by the
Situation of the Place, and the many private Quays, and
several Parts of the Town, which the Merchants had, and
no publick convenient Place for landing their Goods in
the Presence of the whole Body of Officers, the Respondent communicated the same to the other Commissioners,
then at Dublin; who represented the same to the then
Lord Lieutenant and Council: Who approved thereof;
and then ordered the Respondent to set out and appoint
such a Quay, and build a Custom-house thereon: Which
the Respondent accordingly did, and fitted the same for the
Accommodation of the Merchants; which, the Respondent thinks, cost One thousand Four hundred Pounds.
And the Respondent saith, That the Entries of the
Customs rose, the next Year, from betwixt Fourteen and
Fifteen thousand Pounds to Twenty-two thousand Pounds;
and continued so till the late Rebellion in that Kingdom.
And the Respondent saith, That over-and-above his own
ordinary Expences, he was out in Disburse near Two
hundred Pounds; which was never repaid him.
And the Respondent saith, That, the Cranage and
Wharfage being out of Lease, this Respondent took the
same at Seventy Pounds a Year, in the Name of the said
Wm. Gover; and, by his Agreement, he is obliged to
maintain and support the Wharf and Crane, and a Person
to attend the same.
And the Respondent saith, That he did not lease the
same to any Person whatsoever: And saith, That the whole
Produce of the Cranage and Wharfage, the last Year,
amounts to Ninety-four Pounds, and no more; out of
which he paid Seventy Pounds for the Rent, and Twenty
Pounds to the Person that officiated: So that the whole
Advantage the Respondent made thereof, the last Year,
was Four Pounds, and no more. The Particulars of
which Account, this Respondent saith, are amongst his
Papers in Dublin; to which he refers.
This Respondent further saith, He owns the said
Informant Kent was turned out of the Office or Place of
Surveyor of the Port of Dublin, by the Board, because he
had been employed all along under the late Government
in Ireland, and concerned in many of the Hardships used
against the Protestants there, and not really well-affected
to their present Majesties Government: And particularly
saith, That the said Kent was of such Esteem among the
late Popish Commissioners of the Revenue there, that,
when the French Fleet brought the Summer Supplies, for
the Year 1690, to the late King, the said Kent was purposely sent from Dublin to Corke, to unlade the said Provisions and Stores; and afterwards was employed into all
Parts of the Country, to take up the Protestant Goods,
to lade on board the said Fleet back for France; which
Power the said Kent executed very vigorously, to the
great Oppression of the Protestants: For which Reason the
Respondent confesses he was turned out: And the Respondent owns his Brother was put into the said Employment: and withal saith, his said Brother was Three Years
employed in the Port of London, and fitly qualified, as
the Respondent thinketh, for the Employment.
The Respondent denies he oppressed any People in
Ireland; and is a Stranger to the Particulars alleged in
the last Part of the said Kent's Information; nor knows
any thing thereof, or the Particulars, or Persons named
therein: But saith, That, when any of the Protestants
made their Claim, and proved their Properties, to any
the Goods in their Majesties Stores, they had them delivered to them.
And the Respondent humbly hopes, that he hath given
this honourable House a satisfactory Account of the several
Informations and Charges against him; which is as much
as he can do, having little Time, and no Papers, to which
to have recourse to help him therein: And, if the Truth
of any Particulars of what the Respondent hath insisted
on, in his just Defence, be not sufficiently made out;
the Respondent humbly desires, That he may be allowed
further Time to produce Proofs and Vouchers of every
Particular from Dublin; which he will most willingly do;
or that this honourable House will please to recommend
the further Examination thereof to his Excellency the
Lord Lieutenant of that Kingdom.
And, whereas several Persons have industriously and
maliciously spread a Report, That this Respondent hath
gotten Ten thousand Pounds, of some other great Sum,
in Ireland, whilst he was there, not only by his corrupt
Management of the Revenue, and forfeited Estates, but
also by the Sale of all Offices and Employments of the
Revenue: The Respondent, to clear himself from such
unjust and scandalous Aspersions and Imputations, and
to remove all Suspicions of that kind, humbly offers his
Oath voluntarily, for the Vindication of himself therein:
Which he prays may be read.
the 22°, 169½.
The several Papers directed to be read, and so read,
are as followeth; viz.
A Particular of such Sums as are not properly charged
upon the Commissioners of the Revenue, but ought
to be deducted thereout:
|IMPRIMIS, Two thousand One hundred and Twenty-nine Acres of Meadow, at Twenty Shillings per Acre
|Item, Three thousand Three hundred and Eighteen Acres of Fallow, at Fifteen Shillings
|Item, Nine thousand and Three Black Cattle, at Fifteen Shillings
|Item, Goods by him delivered out to the Lords Justices, and others
|Item, Necessaries delivered out by him to Mr. Vanhomery, for the Use of the Army
|Item, A List of Bonds
|Item, Arrears of Rent due from the Lands seized as Lord King's Lands, and other Estates; and which might have been secured before the Army marched into Quarters, had they not wasted the Tenants Stock, which is now with-held by the said Tenants, to live upon, or that they are now unable to pay, as may be made appear
|Item, Books seized in Dublin, and several other Places, worth, at least
|Debts discovered, as Dr. Bromfeild's James Butler's, the undertaking Taker, Major Mathewes, Lord Gormonston, Captain Levallen, and many others, to the Value of, at least
|Item, Informations of Goods, Money, Plate, and other Things, which could not be prosecuted by the Interruption given the Commissioners of Inquiry, and the Discouragements put upon them, as can be made appear, would have amounted to
|Item, That, by several Returns, some of the Officers of the Army have taken Goods, to the Value
Whereas Mr. Culliford, and others, have informed me,
That Captain Robert FitzGerrald, on his giving an Account
of the Affairs of Ireland to the Committee of Parliament
appointed to that Purpose, . . . That he the said Captain
FitzGerrald told the Committee of the Goods seized on by
the Commissioners' of Seizures in Ireland, after the . . . .
Boyne, amounted to One Million Three hundred and fifty
thousand Pounds; but that he did not declare, that he
knew of any of the said Goods so seized were delivered
back to the Protestants, to whom they appeared to belong: I do hereby declare, and am ready to depose, That
on a Sabbath-day in the Month of January last, the said
Captain Fitz Gerrald being sick in his Chamber, where
he the said Captain wrote a Letter to the Lord Sidney,
and made me read the same over to him, which he copied
as I read the same; wherein, amongst other Things, he
informed my Lord Sidney, That he had been examined
before the said Committee; and that the Goods, so seized
as aforesaid, were to the Value of One Million Three
hundred and Fifty thousand Pounds; but that much the
better Half were delivered to the Protestants; which, as
high as I can remember, were the very Words he used;
and which Letter I, at the said Captain's Intreaty, carried to my Lord Sidneye's House that Sunday, and delivered the same to the Lord's Porter; who said he would
give the same to his Lord, as soon as he dined.
February the 20th, 1691. Jo. Langham.
Right Trusty and Well-beloved Cousin and Counsellor,
and Right Trusty and Well-beloved Counsellor, We
greet you well.
WHEREAS We are informed, That the Commission
lately granted by Us, under Our Great Seal of England,
to Our Right Trusty and Right Well-beloved Cousin
Francis Earl of Longford, and others, impowering them
to inquire after, and seize for Our Use, such Goods and
Chattels as they should find to belong to any forfeited
Persons, has been found to be of some Prejudice and
Inconvenience to many of Our Subjects there, and of
little or no Benefit or Advantage to Us: We think fit,
That there be no further Proceedings upon the said Commission; and that you give such Orderes as you shall find
to be necessary for the Superseding and Determining
thereof, and of all the Powers and Authorities thereby
granted: And for so doing, This shall be your Warrant:
And so We bid you heartily Farewel. Given at Our
Court at Whitehall, the Sixth Day of December 1690, in
the Second Year of Our Reign.
By His Majesty's Command,
MY Lord Chief Baron acquainted me, that he had an
Account by the last Packet, That Captain Fitz Gerrald
had produced a Letter that you writ to me, and had exposed it, to your Prejudice, which much surprised me:
But, inquiring into it, my Servants are ready to depose, upon Oath, That, when he lay at my House, I
lying sick in my Bed, he got into my Closet; and, finding your Letter, took it away with him. I am sure, I
never received any Letter from you (as I told my Lord
Chief Baron, and the Lords Justices), but what tended
to the King's immediate Service: For, had you been my
Brother, and had writ to me any thing reflecting, or prejudicial to the King or the Government, I would immediately have gone and acquainted the Lords Justices
with it. I take the Affront and Abuse on myself; and
have sent to a Gentleman, a Friend of mine, to know
what he means by it; which is all I can do at this Distance: Who am, Sir,
Your humble Servant,
To Wm. Culliford,
Esquire. Tho. Atkins.
By the Lord Justices of Ireland, Charles Porter, Tho.
IT being represented unto us, That Thomas Warren,
of Corduffe, in the County of Dublin, Esquire, is comprehended within the Articles for the Surrender of Limerick;
we do hereby order and direct you to allow the said Thomas Warren to enter into the Possession of the Estate of
Freehold and Inheritance, and now in their Majesties
Hands, whereof he was actually possessed in the Reign of
King Charles the Second, or at any time since by the
Laws and Statutes that were in Force in the said Reign;
upon his producing to you an attested Copy of a Recognisance, by him entered into, to their Majesties, in the
High Court of Chancery, of the Sum of One thousand
Pounds Sterling; with Condition, that if he the said Thomas Warren, his Executors and Administrators, shall not,
nor do not, at any time or times hereafter, distrain, sue,
molest, or implead any Person or Persons whatsoever,
for, or by reason or pretence of, any Seizure, Trespass,
Conversion, Arrears of Rent, or Receipt of any Sum or
Sums of Money had, done, committed, or grown due,
upon or out of the said Estate, or any Part thereof, at
any time from the Tenth Day of April 1689, to the Second Day of November last; then the said Recognisance
to be void. On Sight of the Recognisance aforesaid, under the Hand of the proper Officer, you shall send your
Letters to such Tenants, as have the Possession of the said
Estate under your Contracts, forthwith to quit such Possession to the said Captain Warren, as they had by you,
or any Person employed by you; provided that such Possession does not extend to prejudice the Right of any Person or Persons who is or are also in Possession of the said
Estate by any legal Title, besides that of their Majesties;
and saving to all Persons, who have plowed any Part of
the said Lands, the Custom of the Country, according to
our Proclamation of the Twenty-fifth of September last;
as also Conveniencies of Cover, if the Lands admit of it,
for keeping the Fruit or Product of the said Lands, until
they can conveniently dispose of the same: And, for so
doing, this shall be your Warrant. Given at their Majesties Castle of Dublin, the Tenth Day of December 1691.
By the Lords Justices Command.
To the Commissioners and Chief Governors of their Majesties Revenue in this
Middlesex and Westminster, &c.
||The voluntary Deposition of Wm. Culleford, Esquire, one of the Commissioners of the Revenue in Ireland.
WHEREAS some malicious and wicked Persons, out
of Revenge and Envy, have industriously spread abroad
several scandalous Reports, as if this Deponent had greatly
enriched himself, to the Value of Ten Thousand Pounds,
or some such great Sum of Money, by the Sale of Offices,
and by other base and indirect Means, in Ireland; intending thereby, as this Deponent has reason to think, to give
some Credit or Belief to the present clamorous Accusation
against this Deponent in Parliament, and to arraign this
Deponent's Integrity in the Discharge of his publick Trust:
This Deponent doth therefore voluntary depose and swear,
That neither he this Deponent, for or by reason of the
Disposal of any Office or Employment in the Revenue of
Ireland, either by himself, or by any other Person or Persons in Trust for him, did ever take or receive the Value of
One Six-pence for the granting any such Office or Employment to any Person or Persons whatsoever, either directly
or indirectly: Nor has this Deponent gotten any Sum or
Sums of Money whatever, by any indirect or corrupt Means,
or enriched himself thereby, as is most maliciously given
out: But rather this Deponent doth further voluntary depose and declare, by reason of his great Family, and the
great Charge and Expence this Deponent has been at, and
the Smallness of the Salary, this Deponent is, in his own
private Fortune, at this Day, a worse man by Three hundred Pounds, than when he this Deponent went last for
Ireland, over and besides all Profits and Advantages whatever, which this Deponent has received and enjoyed by
his Employment, as a Commissioner of the Revenue of
Ireland, either by any Ways or Means, directly or indirectly.
Jurat' coram me,
22° Februarii 169½.
Extract of a Letter from Mr. Authure Bush, Secretary
to the Commissioners of the Revenue of Ireland, dated
19th January 1691.
THE Lords Justices have directed, That the Sub
Commissioners of Seizures be called upon, by the Court
of Exchequer, to force them to a fair Accompt: And
Yesterday was a Consultation, at our Board, between
the Commissioners, Lord Chief Baron, Barons, and the
King's Counsel: And an Oath is to be drawn, to be offered to the Sub Commissioners, which will purge their
Consciences, if any thing easy to be wrought on; but
such as will, may have Liberty to mend their Returns,
before they swear.
Ordered, That the said Answer be taken into Consideration To-morrow Morning.
Punishing Mutiny and Desertion.
Then the House proceed to take into Consideration
the Amendments made by the Lords to the Bill, intituled,
An Act for punishing Mutineers and Deserters, preventing false Musters, and paying the Army according to the
Musters of effective Men, and for better paying of Quarters: And the same were read; and are as followeth;
1 Press, 26 Line, for "elsewhere," read "Dominion
of Wales, or the Town of Barwick upon Tweed;"
3 Press, 15 Line, leave out from "Captain," to
"and," in the 20th Line.
4 Press, 32 Line, instead of "Commanders in Chief
of the Army," read "Colonel or Officer commanding
in Chief such Regiment."
9 Press, 27 Line, after "War," read "excepting in
the Months of November, December, January, or February, when any Number, not exceeding Five, may have
Leave to be absent."
9 Press, 30 Line, for "extraordinary," read "particular."
10 Press, 3 Line, after "hereof," insert "if the
Offence be committed in England or Ireland; but, if the
same be committed in other Place, then to the Use of
11 Press, 18 Line, after "present," add "excepting
such Cases where Oath shall be made by Two Witnesses,
before some Justice of the Peace of the County where
such Muster hath been made, That such Mayor, Chief
Magistrate, or Officer, hath had due Notice of such
Muster, and refused or neglected to appear at the same."
12 Press, 36 Line, Leave out from "the," to "and,"
in the 38 Line; and insert "Officer, Soldier, or other
Person, who shall discover the same, shall have all the
Arrears of the Pay due to the Officers so cashiered:
Which the Paymaster General is hereby required forthwith to pay accordingly."
17 Press, 36 Line, after "Soldiers" add "in such
37 Line, after "there," add "paying duly for all they
19 Press, 9 Line, leave out from "that," to "no,"
in 29 Line.
20 Press, 3 Line, after, "Act," read "last certified."
At the End of the Bill, add Clause marked A;
"And be it further Enacted, by the Authority aforesaid, That if any Commander or Officer of any Regiment,
Troop, or Company, or any Person by his Order, or any
Constable, or other Officer of any Parish or Place in
England, or Ireland, Wales, or Town of Berwick upon
Tweed, shall exact or take any Sum of Money, or other
Reward, to exempt any Person from providing or using
Carriages, Waggons, or Horses, where there shall be necessary Occasion upon the March of any Troop or Company, or to free or discharge any Person duly summoned
or pressed for that Service; then, upon full Proof thereof
made by Two or more credible Witnesses, before One or
more Justices of the Peace of the County, City, or Town,
Corporate, where such Offence shall be committed, the
respective Persons, so offending, shall suffer the several
Penalties and Punishments herein after-mentioned; viz.
the Commander or Officer of such Regiment, Troop, or
Company, shall be utterly disabled from serving their
Majesties in any Office or Employment, Military or Civil,
by the Space of Three Years then next following: And
the Constable, or other Officer, of any Parish or Place
aforesaid shall be, by the Justice of Peace, before whom
such Proof shall be made, as aforesaid, committed to
Prison, there to remain for the Space of Three Months,
without Bail or Mainprize."
The first Five of the said Amendments, being severally
read a Second time, were, upon the Question severally
put thereupon, agreed unto by the House.
The Sixth Amendment, 10 Press, Line 3, being read
a Second time;
And the Question being put, That the House do agree
with the Lords in the said Amendment;
It passed in the Negative.
The next Amendment being read a Second time, the
same was, upon the Question put thereupon, agreed unto
by the House.
The Eighth Amendment, 12 Press, Line 36, being
read a Second time;
And the Question being put, That the House do agree
with the Lords in the said Amendment;
It passed in the Negative.
The Two next Amendments, being severally read a
Second time, were, upon the Question severally put thereupon, agreed unto by the House.
The Eleventh and Twelfth Amendments being severally read a Second time;
And the Question being severally put thereupon, That
the House do agree with the Lords in the said Amendments;
It passed in the Negative.
Then Clause A being read a Second time;
And the Question was put, That the Clause be read
a Third time: And
It passed in the Negative.
Ordered, That it be referred to Sir Chr. Musgrave,
Mr. Mountague, Mr. Harley, Mr. Herbert, Sir Edward
Seymour, Mr. Wharton, Sir John Lowther, Mr. Pelham,
Mr. Smith, Sir Walter Young, Mr. Gwyn, Sir Robert
Cotton, Sir John Guise, Sir Sam. Barnardiston, Mr. Solicitor General, Sir Jon. Jennings, Sir Jos. Williamson,
Lord Fitzharding, Mr. Travers, Sir Math. Andrews, Sir
Peter Colliton, Mr. Clarke, Colonel Cornwall, Mr. Boscowen, Mr. Hutchinson, or any Five of them, to prepare
Reasons, to be offered at a Conference with the Lords,
for disagreeing to the Amendments to the Bill, intituled,
An Act for the Punishing of Mutineers and Deserters,
preventing false Musters, and paying the Army according
to the Musters of effective Men, and for the better Paying
of Quarters: And they are to meet at Five a Clock this
Afternoon, in the Speaker's Chamber.
Conference with Lords.
Ordered, That a Conference be desired with the
Lords, upon the said Amendments.
Resolved, That this House will, To-morrow Morning
at Ten a Clock, resolve itself into a Committee of the
whole House, to consider of the Motion on Wednesday
last, for a Supply to be granted to their Majesties, for
Relief of the Poor French Protestants.
Supply Bill; Loan on Excise.
Resolved, That this House will, To-morrow Morning
at Eleven a Clock, resolve itself into a Committee of the
whole House, to consider of the Bill for Borrowing of
Monies upon Two Acts of Parliament, the one made in
the First, and the other in the Second Year of their Majesties Reign, for granting several additional Duties of
Excise upon Beer, Ale, and other Liquors, in order to the
more speedy Building of Seven-and-twenty Ships of War,
by the latter of the said Acts provided to be built.
Ordered, That all Committees (except the Committee
for preparing the Reasons to be offered at a Conference
with the Lords, upon the Amendments to the Bill, intituled, An Act for punishing Mutineers and Deserters,
preventing false Musters, and paying the Army according
to the Musters of effective Men, and for better paying of
Quarters) be adjourned.
And then the House adjourned till To-morrow
Morning, Eight a Clock.