William III: May 1701

Calendar of State Papers Domestic: William III, 1700-2. Originally published by His Majesty's Stationery Office, London, 1937.

This premium content was digitised by double rekeying. All rights reserved.

'William III: May 1701', in Calendar of State Papers Domestic: William III, 1700-2, (London, 1937) pp. 310-348. British History Online https://www.british-history.ac.uk/cal-state-papers/domestic/will-mary/1700-2/pp310-348 [accessed 19 April 2024]

May 1701

May 1.
Kensington.		 Commission to Edward, viscount Cornbury, to be captain of that independent company whereof Richard, earl of Bellomont, late deceased, was captain, in the province of New York. [S.P. 44. 167. p. 428.]
May 1.
Whitehall.		 Ja. Vernon to the Admiralty: enclosing papers "which were put into my hands by Mr. Poussin," containing complaints of the treatment several French vessels had received from H.M. frigates; for enquiry. [S.P.44. 102. p. 69.]
Proceedings upon the petition of Sir Will. Glynn, bart., Sir James Clarke and Stephen Glynn, esq.; asking for a writ of error returnable in parliament, in an action brought against them by Alex. Quick, gent. Granted. [S.P.44. 238. p. 465.]
May 2. "Bill [signed for a privy seal for the] discharge of a baronet, Samuel Moyer, esq., 2nd May, 1701." (Treas. Cal., XVI, 251.) [S.P.44. 348. p. 238.]
May 3.
Whitehall.		 Proceedings upon the petition of Sam. and John Oakley and Jno. Evans, shewing that they were condemned for robbing on the highway by Baron Hatsell, at Oxford in 1699, and have ever since lain under sentence of death. The principal inhabitants of Buckingham certified in their favour [etc.]. They desire a pardon, that they may serve at sea or in the plantations. Referred to Baron Hatsell. [S.P.44. 237. p. 246.]
May 4.
Hampton Court.		 Royal warrant to the lords justices of Ireland, for letters patent constituting Sir Richard Cox, knt., now a judge of the court of Common Pleas, chief justice of the court of Common Pleas in Ireland during pleasure, in the place of Sir Jno. Hely, knt., deceased. [S.P.67. 2. p. 388.]
The same, to cause Sir Richard Cox to be sworn of the privy council of Ireland. [Ibid. p. 389: S.O.1. 14. p. 322.]
The same, for letters patent constituting James Macartney a justice of the court of King's Bench in Ireland during pleasure, in the place of Robert Tracy, removed to be a baron of the court of Exchequer in England. [S.P.67. 2. pp. 390–1: S.O.1. 14. p. 328.]
Warrant for the further reprieve of Sam. Oakley, John Oakley, and Jno. Evans. [S.P.44. 348. p. 238.]
May 5.
Whitehall.		 Ja. Vernon to Sir Gabriel Roberts. The representation of yourself and other merchants trading to the Mediterranean, relating to an advertisement in the Gazette of Dec. 5 last about Algerine passes, has been laid before the king; the merchants are to attend H.M. in Council on Thursday next at Kensington. [S.P.44. 102. p. 70.]
The same to the Admiralty; enclosing advices of French naval preparations.
Paris, May 9, N.S. It was reported that the Count d'Estrees was sailed from Toulon for the Straits, with a fleet of 18 large ships [etc.], but later advices say that all the 18 are not sailed.
They write from Brest that the Mercury (notwithstanding what was said) was to sail the 2nd, to join M. de Coetlogon.
Advices from Toulon, April 29, N.S., say that the day before M. de Nesmond put to sea with 6 ships. The Thebaid sailed some days before, so the Count d'Estrees will have but 11 ships. He lay on board the 28th, which makes people believe that it will not be long before he follows with those that are ready. When all fitted out and joined, they make together a squadron of 18 or 20. 'Tis believed they will meet at Cadiz.
Advices from Brest, May 4, N.S., say that the Mercury, having received orders by an express, put to sea the 2nd inst. with a flute. M. de Chˆeau Renaud will not stay long, for the same courier put orders into the count's hands to hasten his departure, and to join M. de Relingue's squadron with his own. They also expect 2 ships from Rochefort to join them. M. du Magnon is likewise to come to Brest, with 6 other ships equipping at Rochefort. They are to go the same voyage; so M. de Chˆteau Renaud, who is to be general in the West Indies, will have 22 men-of-war, including the 6 with M. de Coetlogon. The Thunderer (100), to be commanded by M. de Villette, lieutenantgeneral of the king's fleets, is fallen down into the Road. His squadron will not go to the West Indies, except orders should be changed, which happens very frequently and makes it very difficult to form any judgment of the designs of the French Council. They hasten extremely the equipment and departure of those squadrons, for fear the English should get there before them. M. de Pointis, who was to have commanded the Fort (70), excuses himself: 'tis likely he's disgusted.
Advices from Dunkirk, May 10, say M. du Bart was there expecting orders. They send small nimble vessels to the Downs and other places to get intelligence. They are at work upon the White Fort, upon the East Peer. [S.P.44. 102. pp. 70–3.]
May 5.
Whitehall.		 Warrant to apprehend — Crowe, for that he being H.M. natural born subject, is a popish priest and has officiated as such. [S.P.44. 349. p. 142.]
May 5.
Hampton Court.		 Pass to John Bellasyse, esq., to travel in France, etc., for educational purposes. Latin. [S.P.44. 348. p. 239.]
May 5.
Whitehall.		 Proceedings upon the petition of Edmond Jennings, esq., of York River in Virginia, praying to succeed col. Wormley as Secretary of State in Virginia. Referred to the Commissioners for Trade and Plantations. (Cal. S.P., America & W. Indies, 1701, No. 402.) [S.P.44. 237. p. 247.]
Warrant for a great seal granting to George Wright, esq., the office of clerk of the Crown in Chancery, as Thomas Chute, esq., late deceased, held the same. [S.P.44. 350. p. 136: S.O.3. 20. f. 213.]
May 6.
Kensington.		 Commission to John Araskine, to have the precedency of a lieutenant-colonel of foot. [S.P.57. 17. p. 472.]
May 6.
Whitehall.		 Sir C. Hedges to the postmaster-general. H.M. will not despatch his letters for Holland till tomorrow night. The packet boat is to be stopped at Harwich. [S.P.44. 101. p. 164.]
Ja. Vernon to the lords justices of Ireland. [It appears from your letter of April 24] as if nothing were like to be done concerning the coin till a representation were made from the Council Board, and that H.M. further pleasure thereupon would be expected.
H.M. is induced to think that my letter of April 15 has not been rightly understood, and therefore I am to observe that H.M. letter sent at the same time empowered you to do as should be expedient, and the letter I writ was no more than a private intimation, which was not intended to be communicated to the Council, and no more was meant by it but that if any material objections occurred to you they should be represented to H.M. [S.P. 67. 2. pp. 391–2.]
May 6.
Dublin Castle.		 The lords justices of Ireland to Secretary Vernon. In our last we [explained] why we could not immediately proceed in putting H.M. commands in execution for reducing the coin to the same value it passed at in 1695. The judges being now returned from circuit, and a number of the lords sufficient to compose a council, we had H.M. commands therein laid before them; where it was thought advisable to refer it to a committee; who, taking advice of such persons as were best skilled, not only in the nature of the coin but in the effect the reducing thereof might occasion to the whole kingdom, this day made their report. That they were of opinion all the foreign coin current here should be reduced according to what it was in 1695, except the Spanish and French pistoles, which passing then at 17s. 6d. was twelve pence short of the value of the silver as it was formerly current: the reason why there was not the same nice caution taken in their value before the said proclamation, was that there were very few or none of that species in the kingdom at that time, being in effect taken to be medals rather than current coin: but that, the same being now become near four fifths of the current cash, it would be of fatal consequence to the kingdom if the same were not kept up to the equal value of the silver, and thereby prevent their being immediately carried away, and leaving the kingdom without ready money sufficient to circulate and carry on the trade thereof.
The foreign silver was also considered and brought to an equal value according to the following rates:
d. gr. s. d.
The ducatoone weighing 20 16 to 6 0
half ducatoone 10 8 3 0
dollor civil and Mexico weighing 17 0 4 9
half dollor civil and Mexico weighing 8 12 2 4½
Peru dollor weighing 17 0 4 6
half Peru dollor weighing 8 12 2 3
Crusado weighing 10 20 3 2
All the above species bear the same value as before the proclamation of 1695, except the crusado which bears twopence more, and which indeed signified little the mentioning, there being few or none left.
But, on the calculation of the silver at the foregoing rates with the gold, it was found necessary that 1s. 4d. should be added to the pistole, which brings it to an exact equality with the silver.
All which they reported to us they thought might be the rates proper for all the foreign coin to pass at; but upon considering H.M. letter how far we could comply with the said report, we conceived ourselves thereby obliged, in case any alteration was thought necessary to be made for the good of the kingdom that it should be represented to his Majesty.
In all which the Council having agreed with the committee, and we being also of opinion that it will be of the greatest necessity to have the gold and silver brought to an equal standard, thereby to prevent any one particular species being carried away more than another, we must request you to lay the same before H.M., with our desire that we may receive his commands forthwith to issue a proclamation for the aforesaid species of foreign coin current here and weighing as aforesaid to pass at the rates following [viz:]
s. d.
The Spanish and French pistoles at 18 10
half pistole 9 5
[and other coins as above].
What directions H.M. shall give we desire may be sent with all possible expedition by the same messenger whom we send express herewith, by reason that all public payments and trade in general are in a manner at a stop, and H.M. will daily suffer in his revenue thereby. [Signed] Narcissus Dublin:, Drogheda, Mount Alexander. [S.P.63. 361. ff. 184–185.]
"Draft of a letter to the lords justices of Ireland about reducing the coin in Ireland": [reciting the letter of the lords justices of May 6th, and concluding:] "we have hereupon thought fit to signify to you that we do approve of the several rates of the foreign coin current in that kingdom here last mentioned, except that of the Spanish and French pistoles, which we are satisfied will more exactly answer an equality with the silver, if the said Spanish and French pistoles be reduced to 18s. 6d., and the half pistoles to 9s. 3d." [with alterations in Vernon's hand]. [S.P.63. 361. ff. 186–187.]
May 7.
St. James's.		 Lord Romney to the Treasury. The proposition that all the captains, officers and gunners belonging to the Cinque Ports, all the gunners of the garrisons of this kingdom, the warders of the Tower, and Isle of Wight, as likewise a storekeeper at Portsmouth, should be paid by the Office of Ordnance, having been fully considered by the principal officers, they have in the enclosed report laid before me the true state of that matter, with the reasons why they cannot comply with what is proposed. I entirely concur with them. I desire therefore you will so represent this matter to the king that H.M. may be sensible of the great hardships such a charge may bring upon the Office of Ordnance.
Ordnance Office, May 6. The officers of Ordnance to Lord Romney. In obedience to H.M. commands, signified to us at the Treasury on April 23 last, we have considered the proposition that all the captains, officers and gunners belonging to the Cinque Ports [&c.], amounting to £6375 18s. 4d. yearly, should be paid by this office. Upon enquiry we find that no part of the said proposition was ever (as suggested) upon the establishment of the Ordnance, but we are informed the said officers, gunners, &c., were always upon the establishment of the army, paid by the treasurer and paymaster of H.M. land forces, and estimates for the same have from time to time been given into parliament accordingly. We conceive that this very year parliament has provided for this service, which is included in the £300,000 given for the guards and garrisons, so that, should a charge otherwise provided for by parliament be defrayed out of moneys given for the ordinary service of our office, such a method may subject you and this office to a just censure of having misapplied public money: and we must observe that parliament has allowed but £25,000 for the land service of our office for this year, which will not answer the ordinary expenses, as will appear by the annexed computation.
Possibly it may be suggested that the Supply given this year for sea service is so considerable that the service of the fleet will not require so great an expense; yet, when you consider what a low condition our stores are in, you will readily believe that it will be a great expense to replenish them, which will be expected by parliament. But if any surplus should remain it could not be applied to a service more absolutely necessary than the building of a wharf at Portsmouth, the want of which gives great delays to fitting out the fleet, as has been frequently represented.
But we conclude you cannot apply any of that money to land service without a manifest breach of the intention of parliament and bringing the weight of the displeasure of the House of Commons upon your lordship and this office.
May 6. A computation of the charge of the Office of Ordnance for land service for the year 1701.
Allowances and wages to the master-general, principal officers, storekeepers, engineers, clerks, labourers, gunners, firemasters, fireworkers, bombarders, &c. in the office, at the Tower, Berwick, Carlisle, Chatham, Chester, Gravesend, Greenwich, Guernsey, Hull, Jersey, Kingsale, Pendennis, Plymouth, Portsmouth, Sheerness, Tilbury, Tinmouth, Upnor Castle and Windsor, £9566 13s. 9d. Rents of houses and of storehouses in Goodman's Fields, at Plymouth, Portsmouth, Kingsale, &c., £707. Repairing platforms and carriages [etc.], £5000. Repairing storehouses, barracks [etc.], £3000. Bedsteads [etc.], £2000. Gunners' stores and flags, and supplying the army with ammunition, £3000.
Cleaning and repairing arms and keeping the trains of artillery in serviceable condition, £3000.
Building barracks and erecting new, and repairing the old fortifications at Newfoundland, £2000. Incident charges, £2000. Total, £30,273 13s. 9d. [S.P.32. 12. ff. 153–158.]
May 7.
Kensington.		 Royal warrant to the lords justices of Ireland to pay £6000 to Audley, Hugh and George Mervin, and £600 to Richard Warburton. (Treas. Cal., XVI, 263.) [S.O.1. 14. p. 323.]
May 8.
Kensington.		 Warrant for a grant to Cornelius de Nassau of the office of master of the robes, with revocation of letters patent of May 24, 1700, granting, the office to Arnold Joost, earl of Albemarle. [S.P.44. 348. p. 240: S.O.3. 20. f. 213, v.]
Warrant to the earl of Jersey, chamberlain, to swear Cornelius de Nassau into the said office. [S.P. 348. p. 241.]
Warrants for grants to George, duke of Northumberland, of the offices of constable of Windsor Castle, keeper of the parks, lieutenant of the castle and forest, and governor of the castle, in place of Henry, duke of Norfolk, deceased. [Ibid. pp. 242–3: S.O.3. 20. f. 213, v.]
Warrant for a great seal granting to Charles, earl of Carlisle, the office of earl marshal of England, during the minority of Thomas, duke of Norfolk. [S.P.44. 350. p. 137: S.O.3. 20. f. 214.]
The king to the governor, bailiff, and jurats of Guernsey; notifying them that he has appointed Elisha Rolland, comptroller in the Royal Court of Guernsey, to be procureur in the said Court, in place of Joshua Tremalier, deceased. [S.P.44. 348. p. 244.]
The same; notifying them that he has appointed William de Beauvoir, sieur du Hommot, to be comptroller in place of Elisha Rolland. [Ibid. p. 245.]
Warrant to Dr. George Oxenden, reciting that Daniel MacDonnell was convicted at the Old Bailey in 1694 of high treason, being taken on board a French privateer, and was sentenced to death: and directing that he be inserted in the next general pardon for the poor convicts of Newgate, without condition of transportation. [S.P.44. 350. p. 138.]
May 8.
Whitehall.		 Ja. Vernon to Lord Hatton. I shall lay your letter of the 3rd inst. before H.M., and get the warrants ready for the attorneygeneral and solicitor you propose, but I should be glad to hear from you again before I present them to be signed, being informed that a son of the late attorney has writ to you in relation to his father's employment. [S.P.44. 102. p. 74.]
May 8.
Kensington.		 Commission to lieut.-colonel John Areskin to be deputy governor of Stirling Castle and first lieutenant of the company of foot in garrison there. [S.P.57. 17. pp. 472–3.]
Royal warrant to the Treasury of Scotland: for payment of full pay to the officers of the troop of horseguards, they being at more than ordinary charges by being frequently quartered in and about Edinburgh. [Ibid. p. 473.]
The same: to pay £300 to William Carstairs, H.M. chaplain, for attending the king during his absence from Britain in the previous summer. [Ibid. p. 474.]
The same: to pay £16 yearly to Isabel Lamb, relict of lieut. Alexander Carmichael, late of col. Buchan's regiment, who died from wounds received in Flanders, for the support of herself and her child. [Ibid. p. 475.]
The same: to pay £16 yearly to Simon Gilly, a French minister, whose allowance of £20 (granted upon the recommendation of the privy council of Scotland in 1696) "you have of late thought fit to stop without a special warrant from us," Mr. Gilly being still unprovided for, and having a great charge of small children. [Ibid. p. 476.]
Warrant for the appointment of Alexander Lesly to be first under-keeper of the wardrobe in Scotland. [Ibid. pp. 477–8.]
May 8.
Kensington.		 Presentation by the king of John Stirling, minister, as principal of the college of Glasgow, in place of William Dunlop, deceased. [S.P.57. 17. pp. 478–9.]
Docquet of the warrant for a baronetcy to David Dalrymple, advocate, one of H.M. solicitors. [Ibid. p. 479.]
Docquet of the warrant for a gift to John Ferguson, minister at Aberbrothock, of the rent and profit of the yard or orchard within the precincts of the abbacy of Aberbrothock, which belonged formerly to the bishopric of Brechin, during his ministry. [Ibid. p. 480.]
Docquet of the warrant for a gift of 500 merks Scots, yearly, out of the rents of the archbishopric of St. Andrews, to the masters of the divinity college of St. Andrews. [Ibid.]
Docquet of the warrant for a gift to col. John Araskine, governor of Dumbarton Castle, of the escheat and liferent of Patrick Thomson of Dininno. [Ibid. p. 481.]
Warrant to the Treasury of Scotland, to pay £6 yearly to John Skeen on the charity roll. [Ibid.]
Docquet of the warrant for a charter giving to Sir Walter Riddell of that ilk, and his heirs male by Dame Margaret Watt, his spouse, [etc.], the lands and barony of Riddell, comprehending the lands mentioned in a former charter of March 9, 1694; with a new gift and union in a free barony of Riddell: for payment for the lands of Lintobank, the mains of Bowismilne, Easter Clerklands and Greetlawes, the six pound land of Wester Lillesleiff with the tower, Over and Neither Quhitton and milne, the third of Purvishill, as part of the lands of the barony, the services used and wont, and for the remanent lands the duties contained in the former infeftments: with change of holding. [Ibid. pp. 482–3.]
Docquet of the warrant for a charter to John Hay of Haystoun, in liferent, and John Hay his eldest son, and the heirs male of his body in fee [etc.], of the lands and barony of Haystoun, comprehending Sheillneis, Lauerbank and Deedsyde with the milne, lands of Newbie, Glensax and both halfs thereof, all formerly united in the barony of Haystoun by a charter dated Jan. 11, 1677: also the lands of Escheills, Spitlehope, Cruikslands kings meadows and aikers of land lying near the Cross kirk of Peebles, all within the parish and sheriffdom of Peebles and sheriffdom of Selkirk: and the third part lands of Boningtoun called Boningtounbull, which pertained to John Williamson younger, with the superiority of the other part of the said third part which pertained to Thomas Cranston and the heirs of Patrick Thomson: and the three third parts of the lands of Whitehaugh, and the fourth part of the said lands of Whitehaugh: and parts of the lands of Whitestonhill, Floores, Bordelhaugh, and Fawney haugh, estimate to 2 aikers of land, with that part of the meadow and sowms of grass belonging thereto: and that part of the lands of Spitlehope formerly belonging to Thomas Midlemist of Greirstoun, all in the parish of Peebles: and that part of the lands of Glen called Spitlehop in the barony of Traquair and sheriffdom of Peebles: and that tenement of Temple land lying in the burgh of Peebles, with an aiker of Temple land belonging thereto called the rude aiker; upon the resignation of John Hay the elder, John Williamson, and Thomas Crawfoord respective, with a new gift [etc.]. [S.P.57. 17. pp. 483–4.]
Commission to capt. Francis Charters, to be lieutenant and brigadier of the troop of lifeguards of horse in Scotland. [Ibid. p. 484.]
May 9.
Whitehall.		 Ja. Vernon to the Admiralty, enclosing advices of French naval preparations.
Paris, May 13, N.S. Advices from Brest confirm the departure of the Mercury. M. de Hautefort, who commands her, had received very large packets from court, with positive orders to carry them with all expedition to M. de Coetlogon. People are very much surprised and conclude the certainty of a war, the more because they press the departure of M. de Château Renaud. They are very diligent in fitting out M. de Villette's squadron. He expects that his first orders will be to sail for Cadiz. When he is gone, there will remain no armed ships in Brest.
Rochelle, May 3, N.S. The crews of 2 galleys arrived at Rochefort the 2nd. M. du Magnon, commander of a squadron, lies at anchor at L'isle Daix. He has orders to join M. de Château Renaud at Brest. His squadron consists of 15 ships. 'Tis increased daily. The Sea Horse, which was to be commanded by M. de Galifet and to carry to Cayenne the marquis de Feroles, governor of that place and lieutenant-general of the islands, is unfit for service. They have writ to court about it; this will cause a mighty delay. It was reported on board M. du Magnon that the Amiable and Courtisan, which sailed from Rochefort above 3 weeks ago for Brest with a flute, met 8 English ships. They demanded the salute, but the English not giving it they fought. The French lost their masts and several men, but they said the English, tho' superior in number, received the greatest damage.
Advices from Port Louis, May 6, N.S., say they hourly expect orders, but 'tis probable they will have none till it's determined for peace or war.
Dunkirk, May 8, N.S. The Sieur Jamain, commander of a barcolongo, returned from getting intelligence. He says he saw at Spithead 58 men-of-war, including 10 Dutch, and 13 in the Downs, besides those still expected. So considerable a fleet makes them fear, especially for America, upon which they do not doubt some great design is forming. They are afraid they shall not be strong enough to make successful opposition. News from Brest makes them sensible of the apprehensions of the French court, since not only the Mercury sailed with precipitation, which was thought designed to carry certain advice of peace or war, which yet is not determined, but they also work very hard to equip the remaining ships, especially those to go to the West Indies under M. de Château Renaud; which is of so considerable an expense that the king would not do it unless his Council saw absolute necessity. So all the principal persons in that town are persuaded there will be war.
Havre de Grace, May 10. The fear of being bombarded increases, and they work to make batteries.
Toulon, May 3, N.S. The squadron which sailed under M. de Nesmond consists of 6 men-of-war. Count d'Estrees had just sailed. Five men-of-war remain in Toulon. They may go to Venice, because they are afraid that republic favours the emperor. [S.P.44. 102. pp. 74–80.]
May 9.
Kensington.		 Warrant for a privy seal, "paymasters of the band of pensioners to be discharged from accounting." (Treas. Cal., XVI, 263.) [S.O.8. 28: S.O. 3. 20. f. 213.]
May 10.
St. Swithin's Lane.		 Gilbert Heathcote to [J. Vernon]. A great many reports are come latley into France, Holland, and England, that the island of Jamaica was entirely ruined and sunk by an earthquake, and that nothing was to be seen but the tops of three great mountains. But yesterday there came a letter from the Mountague, who was cruising to the westward, that they met a Dutch merchant ship who left Jamaica very well about six weeks ago. So, God be praised, those reports are false.
Upon enquiry we find all these accounts came from the French settlements in the West Indies, and having reason to be ever jealous of the constant treachery of the French puts us upon thinking what should be the reason of their raising these stories, and we cannot imagine any other than some such as these. As, that they should have a design to attack the island and so to discourage or stop any relief; or else that they are afraid the Buccaneers should run thither, hoping for more plunder by serving us against the Spaniards, than by serving the French against the English settlements. Something or other there must be in it, for lies of this nature are seldom raised but upon some design.
Now, Sir, by yesterday's Resolutions of the House of Commons (which, I understand, came without struggle) there seems to be a change of humour. This, be sure, France will presently have notice of; and if in the bottom he designs to give no satisfaction to his Majesty and his allies, then we may expect he will not slip any opportunity to secure his new conquests, and nothing can do it more effectually for what he has abroad than the seizing upon Jamaica: that lying in the heart of the Spanish dominions, and from whence with ease it can wound them on every side. We may be sure both France and Spain are sensible of this.
Now, though I do not wish for any great supplies to be sent presently away, this being the wrong time of the year for it, yet, it being a matter of that consequence, I think that something further should immediately be done to secure it, having such a treacherous nation to deal with; and if I might presume to offer my opinion, it should be to send at least three frigates and two fireships to secure the port and also the governor; or, if the governor can't immediately go, then this help without him. [S.P.32. 12. ff. 159–160.]
May 10.
Whitehall.		 Ja. Vernon to col. Colyear: [enclosing the petition to the king of the wife of Nicholas Charles, mariner]. I desire you will inform me of the case.
The petition shewed that the petitioner's husband had been kept a close prisoner in the island of Jersey for several months, for having, as was alleged, drank the late king James' health. [S.P.44. 102. pp. 84–5.]
May 11. "Bill [for] his Majesty's release of several lands bound for discharge of collecting the duties on tunnage and poundage in London, engaged by Jno. Crisp, Tho. Crisp, and Sir Nich. Crisp, bart.; the earl of Jersey having purchased the same; signed 11 May, 1701." (Treas. Cal., XVI, 231–2.) [S.P.44. 348. p. 240: S.O.3. 20. f. 212, v.]
May 12.
Hampton Court.		 The king to the vice-chancellor of the university of Cambridge: requiring him to confer the degree of M.A. upon Moses du Soul, who had studied for more than seven years in the universities of Groningen, Utrecht and Franeker, and almost two years in Cambridge. [S.P.44. 150. pp. 206–7.]
Warrant to the king's advocate general [etc.]: reciting that capt. Chas. Walton, late commander of the Danby Gally, about 1695 or 1696, took a French ship, on board which were goods belonging to merchants of Tripoli: that he has been prosecuted in the Admiralty Court for not accounting for the goods, but has paid the Crown £500 to satisfy the merchants: and directing a noli prosequi. [S.P.44. 350. p. 139.]
Grant by the king to capt. Walton of the above mentioned French ship. [Ibid. p. 140.]
May 12.
Whitehall.		 H.M. approves of John Pamplin, esq., to be a deputy lieutenant for Cambridgeshire and isle of Ely. [S.P.44. 168. p. 343.]
May 12.
[Whitehall.]		 Proceedings upon the petition of Alex. Olyffe, of Aylsbury, Bucks., praying for an almsman's place in the hospital of Ewelm. His son was killed in the late war. Referred "in the usual form." [S.P.44. 237. p. 247: S.O.8. 28.]
Proceedings upon the petition of capt. Edw. Rigby shewing that about 2½ years ago he was sentenced to pay £1000 and 12 months imprisonment. About a year since he obtained directions for discharge of the fine on paying £200 down and finding security for the remainder. He has complied, but is still confined on account of the 12 months imprisonment. He prays remittance of the 12 months further confinement, to the end he may recover his health and seek his fortune abroad. Referred to the attorney-general. [S.P.44. 237. p. 248.]
May 13.
Admiralty.		 J. Burchett to Robert Yard, secretary to Secretary Vernon: enclosing extract of a letter from capt. Butler, H.M.S. Lancaster, dated May 12, Portsmouth.
This letter is to acquaint [the lords of the Admiralty] of an account which my lieutenant gives me that at his coming to Weymouth Road there lay a French vessel, which he calls a manof-war, of 8 or 10 guns, but weighed anchor upon sight of the king's colours, which he believes was to avoid striking. The captain was dressed after the gallantry of France, had a page very finely dressed; lay there some time; was frequently on shore and took his remarks; and daily sounded the harbour in sight of all the inhabitants, who seemed to be concerned at it. But this he says is frequently done all along that coast, where least strength lies to oppose the attempts which might be made by an enemy. [S.P.42. 6. ff. 122–125.]
The same to the same: enclosing a proposal of the lords of the Admiralty of 12 fourth rate ships (carrying 200 soldiers each) and 9 third rate ships (carrying 300 each) for transporting 5000 soldiers from Ireland to Holland. "It is also proposed that viceadmiral Hopson may proceed with these ships to Ireland, and that they be victualled for 4 months at whole allowance for their lowest complements of men, which will be about 2 months for seamen and soldiers at the said allowance."
[Endorsed] About transporting 5000 soldiers [12 battalions] from Ireland to Holland in the king's ships. R. 13th. [Ibid. ff. 126–129.]
May 13.
Whitehall.		 Ja. Vernon to Lord Stamford: enclosing copy of an address of the House of Commons, "presented to H.M. this morning." H.M. directs you to send orders immediately to stop felling wood or young oaks in Enfield Chase. [Annexed] Copy of the Resolution of the House of Commons, May 12, 1701. (Commons' Journals, XIII, 533.) [S.P.44. 102. pp. 80–81.]
The same to the Admiralty. H.M. approves your proposals as to transporting 5000 soldiers from Ireland to Holland. You are forthwith to order vice-admiral Hopson to sail to Cork. Upon arrival he is to give notice to the lords justices of Ireland, and to be ready to receive on his squadron 12 battalions. He is then to make his way to the coast of Holland. H.M. will hereafter give you notice where they shall be landed in Holland. You will take care that none of the ships designed for the West Indies be employed on this expedition. [S.P.44. 102. pp. 81–2.]
Ja. Vernon to the lords justices of Ireland. I received yesterday yours of the 6th inst., which H.M. has been acquainted with, and, as soon as it has been considered, the signification of his pleasure will be despatched by the messenger that brought your letter. In the meantime he thinks it convenient to take off the stop of payments directed by my letters of March 12 and April 10: but being informed that there is now in the collectors' and deputy vice-treasurers' hands about £50,000, it is his pleasure that, for preventing as much as may be any loss upon the said money when the coin shall be cried down, you should forthwith give orders for payment of what is due on the Establishment to such persons and in such proportions as you think most advisable. [S.P.67. 2. pp. 392–3.]
The same to the earl of Mount Alexander. I put yours of the 1st inst into Lord Godolphin's hands, and he has procured directions for your allowance, as ordered for the other lords justices. [Ibid. p. 394.]
May 13.
Hampton Court.		 Royal warrant to the lords justices of Ireland for letters patent constituting Gilbert Dolben a judge of the Court of Common Pleas in Ireland, during pleasure, in the room of Sir Richard Cox. [Ibid. pp. 394–5: S.O.1. 14. p. 324.]
May 14.
Whitehall.		 Proceedings upon the petition to the king of Reginald Chevery; setting forth that on June 10, 1695, he was invited to dinner at the Dog Tavern, Drury Lane, and became engaged in a scuffle. He was committed to Newgate, found guilty of a riot and fined 500 marks. He has continued 5 years and 9 months in a dismal gaol. He prays that the fine may be remitted. Referred to the Treasury. [S.P.44. 238. p. 469.]
May 15.
Whitehall.		 Sir C. Hedges to the lords of the Admiralty. Dr. Oxenden giving an account to the king on Sunday last of the pirates convicted at the late Admiralty Sessions, H.M. declared his pleasure that capt. Wm. Kidd, Derby Mullins, John Eldridge, and two Frenchmen, John du Bois and Peter Mainqueneau convicted of piracy at a former sessions, should be executed, according to judgement; and, not knowing whether my lord president took notice thereof, I send this to acquaint you. [S.P.44. 204. p. 306.]
May 15.
Kensington.		 The king to the vice-chancellor of the university of Cambridge: requiring him to confer the degree of D.D. upon Christopher Johnson, admitted in the university of Oxford in 1676: B.A. there in 1680: M.A., Cambridge, 1691, "and consequently, being from his first admission upwards of 24 years standing, might regularly have proceeded D.D. five years sooner, had he commenced M.A. in due time; but by reason of such delay he is put backwards two years," the statutes requiring the interval of 12 years between the degrees of M.A. and D.D. [S.P.44. 150. pp. 207–8.]
May 15. Proceedings upon the petition of Stephen Wey, of Lambeth, waterman. He served at sea ever since the Revolution in frigates and fireships, e.g., Newcastle, Duke, under admiral Killegrew, and the Pendennis, in which last at the engagement with the French at Bantry Bay on May 1, 1689, he lost his right eye. He prays an almsman's place at Oxford. "Certified by Geo. Churchill, Geo. Hooper, rector of Lambeth," and others. "Referred in the usual form." [S.P.44. 237. p. 249: S.O.8. 28.]
Proceedings upon the petition of Wm. Bayley and Thos. Tookey, praying for a writ of error returnable in parliament in an action brought against them by Edm. Norman. Granted. [S.P.44. 238. p. 468.]
May 16.
Whitehall.		 Ja. Vernon to the lords of the Admiralty. H.M. would have you attend him at a Cabinet Council on Wednesday next, at 8 p.m., at Kensington. Rear-admiral Benbow should attend also. [S.P.44. 102. p. 83.]
The same to the same. The commander of the Mary Galley, appointed to carry home the Tripoline envoy, in going up the Straits is to call at Algiers and deliver the packet sent herewith to Mr. Cole, H.M. Consul there. On his return from Tripoli he is to touch at Algiers and receive letters from the consul. (The packet contained H.M. letter to the Dey, instructions to Mr. Cole concerning passes, and Mr. Secretary's letter to him.) [Ibid. p. 131.]
Warrant to apprehend James Sweetman, for suspicion of high treason. [S.P.44. 349, p. 143.]
May 16.
Inverness.		 — Macky to Alexander Cameron, younger, of Cuchenna, to the care of Andrew Crosbey at Inverlochie. You will oblige me very much upon receipt of this to make the best of your way towards Inverness, for, God willing, against the 1st of June all my men shall be ready here to be shipped. [S.P.32. 12. f. 161.]
May 16.
Dublin Castle.		 The lords justices of Ireland to Secretary Vernon. In answer to ours of 24th past we have yours of the 6th inst., wherein you acquaint us that H.M. thinks we had not rightly understood what he directed you to signify to us as to reducing the coin; for which reason we have, enclosed, sent you a copy of yours, and leave yourself to judge whether we have not strictly pursued the letter thereof: since, according to H.M. letter, we had certainly done therein as by advice of the Council should have been found most expedient, had not yours intimated his further pleasure to us, and that the Council were entirely of opinion that according to that we could not proceed without first representing it to H.M.
We are now in hourly expectation of H.M. commands by the express with whom we sent our representation, which as soon as received shall be put in execution. [Signed] Narcissus Dublin:, Drogheda, Mount Alexander. [Endorsed] R. 25, 1701, about the orders for reducing the coin. [S.P.63. 361. ff. 190–191.]
The same to the same. We sent yours of the 24th past, signifying to whom and in what manner the £2400, disposed of by the Commissioners in England for the relief of the Vaudois abroad, should be paid, (and the remainder after the exchange thereof deducted to the relief of the Frenchrefugies here), to the Commissioners [here], who returned the enclosed representation. [Signed] Narcissus Dublin:, Drogheda, Mount Alexander. [Endorsed] R.25, 1701, with an account of the money sent over the Vaudois. [Ibid. ff. 192–193.]
May 12. Dublin. The Commissioners for the Vaudois [in Ireland] to the lords justices of Ireland. According to H.M. commands, signified by Mr. Secretary Vernon's letter of the 24th past, we have met and given orders for the returning the several sums of £2400, amounting with the exchange at 22% to £2928 here, according to the direction of the Commissioners in England, which bills we desired your secretary, Mr. Palmer, to send to Mr. Secretary Vernon, to be delivered to the persons to whom they are payable.
We have also, according to H.M. pleasure signified in behalf of the French and other protestant refugies in this kingdom, disposed of part of the remaining moneys collected for the relief of the Vaudois, and shall forthwith dispose of the rest in the most effectual manner that may tend to their relief.
All which we desire you will acquaint Mr. Vernon with. [Signed] Narcissus Dublin:, Mark Ransford, Will. Kildare, Rob. King, W. Robinson, John Francis, Ralph Gore, W. Palmer. [Endorsed] Comrs. for the Vaudois representation to the lords justices. [Ibid. ff. 188–189.]
May 17.
Admiralty.		 Memorial of the lords of the Admiralty for H.M. This Board having on April 26th represented that £780,000 would maintain but 15,000 men, one month with another; and having informed H.M. there was then about 26,000 men in pay; and that, by bringing the ships employed at home to their lowest complements, it would reduce them to 24,000; which in obedience to H.M. commands hath been done; we now think it our duty to represent that, since there is an absolute necessity to separate a considerable part of the fleet for transporting troops from Ireland to Holland, there is but little hopes of reducing any part of the 24,000 men before the latter end of June, lest otherwise the nation may be left too much exposed; and, if such a number be kept up till that time, there can be no more employed than 16,000 in July and August; and 10,000 from Sept. 1st to Jan. 1st following; which will bring each month of the year to 15,000; but if 24,000 men are kept up till August, there will be but 16,000 for the other months; and, considering what part of that number must be employed in the West India squadron and other necessary services abroad and on the coast of Ireland, there will not remain men to man so much as a single ship, or guard to defend the coast at home. [Endorsed] Memorial for his Majesty touching the men now on board the fleete, and what will be left for a winter guard. [S.P.42. 6. ff. 130–131.]
May 17.
Dublin Castle.		 The lords justices of Ireland to Secretary Vernon. We this day received yours of the 13th inst., acquainting us that, as soon as H.M. declared his pleasure concerning the coin, we shall by the express we sent receive the account thereof, and that in the meantime H.M. has thought fit to take off the stop of all payments in the Treasury, as directed by yours of March 12 and April 10 past, in regard there is a very considerable sum of money in the deputy vice-treasurer's and collectors' hands.
We have accordingly this night sent for Mr. Robinson and acquainted him therewith, and have directed him to lay before us what payments are now necessary or fitting to be made, to the end we may give our warrants for the same, as far as the money at present in his and the collectors' hands will reach.
We had prepared a letter, which had by this night's post been sent you, had not the receipt of yours prevented it, recommending it to you to lay before H.M. the wretched condition the poor French pensioners were in, by the stop of their (weekly) payments in the Treasury (for such is the necessity of some of them as to require it) and to have pressed you to obtain H.M. orders therein: but that is now luckily prevented. [Signed] Narcissus Dublin:, Drogheda, Mount Alexander. [Endorsed] R. 25. 1701. About the payments out of the Exchequer. [S.P.63. 361. ff. 194–195.]
[The following memorandum, without date or signature, is endorsed by Vernon. ["Mem to write to Ireland: l[ieu]t[enanc]y of Surry Ld. Berkeley": that whereas by H.M. direction lately sent into Ireland to the lords justices that all payments should be stopped there, except to the subsistance of the army and to the Civil List, exclusive of all pensions, there is now in the several collectors' hands and the deputy vice treasurer's, considerable sums of money to the value of about £50,000, which if it should so continue, would be to be paid out at a very great loss, when the coin shall be cried down, it is desired the king will order Mr. Secretary Vernon to write to the lords justices that the restraint, lately laid upon them, is now to be taken off, and any payments to be forthwith made that are due on the establishment, to lessen as much as may be the money at present in the collectors' hands. [S.P.63. 361. ff. 196–197.]
W. Palmer to Secretary Vernon. Being one of the Commissioners here for disposing of the money collected in this kingdom for the relief of the Vaudois, at their last meeting, on 16th inst., they desired me to return you the enclosed bills for £2400, to be delivered to the persons to whom they are made payable according to the directions of the archbishop of Canterbury and the rest of the Commissioners.
By the last packets Sir Richard Cox's letter appointing him lord chief justice of the Common Pleas came over, and his patent is since passed: but, hearing nothing of Mr. Macarty's, he has desired me to write to you, that, in case the same be signed and not taken out of the office, you would send it to me, and I will take care to receive the fees and return it.
Some days since I had a commission, signed by the king, appointing Major Ralph Neatley to be lieut.-colonel to col. Jo. Richmond Webb, of Princess Anne's regiment, brought to me to be entered, which was not countersigned by you, but Sir William Hedges. How that matter stands between the offices I know not, but, judging it to be the right of your office, I thought it proper to give you notice. [Endorsed] R. 25. 1701, with bills of Exchange for £2400 for the use of the Vaudois. [Ibid. ff. 198–199.]
Received, May 28, 1701, of Mr. Secretary Vernon bills for £1600, dated the 17th inst., collected [in Ireland] for the distressed Vaudois in foreign parts [Signed] Thomas Cuddon. [Ibid. f. 157.]
Received, May 27, 1701, of Mr. Secretary Vernon, a bill, dated in Dublin the 17th inst., for £500, being for the governor of Virginia for the poor refugees in Virginia. [Signed] Micajah Perry.
A similar receipt for £300, for the French refugees at Boston in New England. [Signed] Stephen Wesendunck. [Ibid. ff. 158– 159.]
May 17.
Dublin Castle.		 The lords justices of Ireland to Secretary Vernon. Capt. William Stewart of major-general Stewart's regiment and Capt. Hugh Powell of Brigadier Hanmer's regiment being lately dead, we recommend capt. John Upton, one of the reduced captains of major-general Stewart's regiment, who has served faithfully and bears a very good character, to succeed capt. Stewart; and capt. Thomas Alnut, one of the captains disbanded with the earl of Drogheda's late regiment, to succeed capt. Powell: this gentleman is a very good officer and behaved well during the late war in this kingdom. [Signed] Narcissus Dublin:, Drogheda, Mount Alexander. [Endorsed] R. 25. 1701. [S.P.63. 361. ff. 200–201.]
May 18.
Whitehall.		 Proceedings upon the petition of Geo. Wingfield, gent., shewing that he came over in H.M. army from Holland. He prays for the post of lieut.-governor of St. Christopher's or Montserrat. Referred to the Commissioners for Trade. (Cal. S.P., America & W. Indies, 1701. No. 454.) [S.P.44. 237. p. 249.]
May 19.
Kensington.		 Commission to Herbert Lawrence to be ensign in col. Seymour's regiment. [S.P.44. 168. p. 343.]
May 19.
Hampton Court.		 Warrant to Isaac Newton, esq., Master and Worker of the Mint. Whereas the Mine Adventurers have besought us, for the encouragement of extracting silver out of the mines in Wales, and for the increase of the coin of our kingdoms, to direct the master and worker of our Mint to coin such silver with the arms of Wales, in like manner as was done heretofore:
we authorise and require you to cause the arms of Wales to be set on the reverse, in the four void places, between the escutcheons, upon all such pieces of money as shall be coined of the silver that shall appear to be extracted out of the Welsh lead ore, for the said Mine Adventurers, by certificate under their secretary's hand, and none other. [S.P.44. 350.p. 141.]
May 19.
Whitehall.		 Ja. Vernon to the Admiralty: enclosing advices of French naval preparations.
Paris, May 23, N.S. They write from Rochefort, the 14th inst., that M. du Magnon sailed for Brest the day before with a squadron of 7 men-of-war, 3 fireships, and 1 flute. They have 8 months provisions. The Gironde, frigate, is sailed for Acadia under M. du Brouillart. [There were also advices from Brest, May 16, N.S.] [S.P.44. 102.pp. 126–8.]
The same to the same. Two of the 12 battalions to be transported from Ireland to Holland being quartered at Londonderry and Antrim, they are to embark at Belfast: part of the squadron appointed to transport the 12 battalions should therefore sail to Belfast. [Ibid. p. 85.]
The same to the Treasury. I enclose a proposal of the chancellor of Ireland for erecting a Mint in that kingdom, with the report of the principal officers of the Mint here upon [it], also other papers, containing instructions and Orders of Council in the reign of Charles II for setting up a Mint in Ireland. You should report your opinion. [Ibid. p. 86.]
(i) Jo. Methuen, lord chancellor of Ireland, to the king [undated]. The want of silver coin and especially the smaller species is a great hindrance to the trade of Ireland and to H.M. revenue, and will much obstruct the establishing or carrying on a linen manufacture in that kingdom.
It is therefore proposed that H.M. will authorise the government of Ireland to erect a Mint in Ireland for coining silver money in all respects the same with that coined in England, adding only such marks as H.M. shall command for distinction.
If H.M. provide that the dyes be prepared only by his chief graver here, and that the trial and examination of the money coined in Ireland by the pix be made yearly by the assay master of the Mint in the Tower, that no greater advantage be given to the merchants or others who bring in bullion than is given at the Mint of England, and that upon any alteration, either of the standard or the price of coinage in England, the same alteration be made in Ireland, no inconveniency can be feared to the Mint in England. By the smaller pieces are meant shillings and sixpences only. [Ibid. pp. 86–7.]
(ii) Report of the Warden and Master of the Mint [upon the above proposal], Mint Office, Aug. 18, 1698. We believe that such a rival Mint may so far prejudice ours that it may draw bullion and coinage from us. And if it shall thereby increase the money of Ireland to the advantage of their trade and manufacture, we are of opinion that it must have the contrary effect on England: besides the danger of setting Ireland upon a parity with England in so great a prerogative as that of coinage. For the business which they offer us, of making their dyes and assaying their money, gives us no superiority. These are servile offices which we humbly desire may not be imposed upon us.
Ireland is one of the English plantations; and, tho' it has changed the title of lordship to that of a kingdom, yet it still continues annexed to the Crown of England, and, like the other plantations, is and ought to be inferior to this kingdom, and subservient to its interests. Therefore we are unwilling that any opinion of ours should be made use of for promoting any design which may tend to drive thither the money and trade of this nation, and to make them of equal dignity and dominion with ourselves, and perhaps at length to separate from this Crown upon some fit opportunity of joining with its enemies. [Signed] Is. Newton. Th. Neale. [Ibid. pp. 88–9.]
(iii) Instructions, issued by Charles II, to James, duke of Ormond, 14 May, 1662, for erecting a Mint in Ireland. [S.P. 44. 102. pp. 90–4.] (fn. 1)
(iv) "P.P." to the duke of Ormond. lord lieutenant. [Undated].
I shall here, on the signification of your commands, set down the names and salaries of all the offices in the Mint, and the retrenchments that may be made therein; the care whereof is recommended to your Grace in Ireland, by those late instructions ordered by H.M. Privy Council here for your conduct of the affairs of the Mint in Ireland. [There follows a list of the offices and salaries.]
The Master of the Mint, or, as he is sometimes called, the Master Worker, had, according to the late indentures of the Mint. a salary of £500 p. ann. But the old practice, and the constitution that is now on foot for settling that officer's allowance in the Mint of England, allows him somewhat out of the coinage of the pound Troy, that is out of the 2 shillings allotted to that end out of the pound weight of silver, and so proportionably out of the pound weight of gold, which allowance casually sometimes came to more than £500 a year, and sometimes less. But always the great hazard of that place, the Master being subject to fine and ransome in case that any one piece of all the money coined, both great and small, silver and gold, which is publicly put into the pix or trial box (which box is according to your Grace's instructions for the affairs of the Mint ordered to be sent into England and there to be tried) be a grain without the remedy, that is a stinted proportion in weight and fineness, I say this hazard makes the place of Master Worker not so desirable as the place of Warden of the Mint, which is a place of great honour and no hazard, and gives any one a clear and easy insight into the trade of Christendom; and therefore I do not wonder that Lord Falkland, while he was lord deputy of Ireland, endeavoured to be Warden of the Mint there, as by several letters in my custody, writ with his own hand, appeareth.
In the way of coinage by the mill several offices may be well spared, as clerk of the irons, sinker of the irons, under graver, since by your Grace's instructions the punchions and dies are to be had from England. Then it is but reasonable that the fees of the clerks should be moderated, if not from some wholly taken away, since by experience 'tis observed in the Mint of England that not half the officers that are allowed clerks do keep them.
An other part of the profit of all the offices of the Mint is this, that it exempts the whole estates of all the officers from paying any taxes or contributions whatsoever; and even the most inferior offices therein exempt men from bearing any burthensome office in any corporation.
Besides the forementioned advantages, not an officer in the Mint in England but made his place ten times more than the salary, in ways that I shall present in writing to your Grace at your first leisure in Ireland: besides the probable way of vastly enriching themselves by holding a correspondence with goldsmiths, who got frequently 5 or 6 per cent., in the culling the heavy money out of the rest and melting it down, and putting the light in tale.
But this abuse of goldsmiths England will be delivered from by the practice of the coinage by way of the mill there: and what the lawful perquisites of all the offices in the Mint are, I shall shortly remonstrate to your Grace.
Your Grace, 'tis true, in your instructions, has liberty to set up the way of the hammer, or mill coinage. But then a following instruction says that the money to be coined in Ireland, whether by the hammer or the mill, is to have the two penny weight remedy not allowed to the pound in general, but distributed among the particular pieces; as namely for the crown piece so many grains and proportionably for half crowns, shillings and six pences. Now it is impossible to coin the particular pieces by the hammer as equally round so equally weighty, and to observe this instruction of your Grace's without ten times almost the charge of the mill, since moneys coined by that are equally round and weighty as the first coinage; but money by the hammer, before it can be so exact, must be coined over and over often, and accompanied with an increase of charge, loss of time, and wasting of metal.
Concerning the whole charge of the coinage by the mill, and the certain revenue that will accrue to the king thereby, as well as the discharging of all the forementioned fees, I shall at your Grace's first arrival in Ireland present an exact account, together with the orders and charge of the new way of coining in England; likewise a true description of the par or proportion which silver bears to gold throughout Christendom, the most necessary but most arduous thing to be known by an observer of Mint affairs; and likewise the true reputed worth of all the foreign coins current in Ireland, and the true intrinsic worth of them, I having had them with all possible human care (tho' not without considerable expense of time) essayed by the fire. [Ibid. pp. 94–9.]
(v) Nov. 14, 1662. Whitehall. Order of the king in Council. The report of the lord treasurer of England and Lord Ashley, chancellor of exchequer, upon an order of the Board dated June 29, 1662, touching a patent obtained by Sir Tho. Vyner [and others] for coining small silver money in Ireland, being read, it was ordered that the report, with the proposals of Sir Tho. Vyner, the answer of the officers of H.M. Mint in England, and the exceptions to the patent, and other papers, be entered in the register book of Council causes, and that the letters patent be brought in to be surrendered, "which accordingly are as followeth, viz."
[a] the above mentioned report. [Signed] "T. Southampton, Ashley:"
[b] the proposals of Sir Tho. Vyner and others:
[c] the report from the persons to whom the consideration of the proposals was referred, dated Aug. 14, 1661. [Signed] Santry, J. Temple, J. Bise, Arthur Hill:
[d] answer of the officers of H.M. Mint to the proposals of Sir Tho. Vyner, and their observations on the last mentioned report. [S.P.44. 102. pp. 100–15.] (fn. 2)
May 19.
Whitehall.		 Ja. Vernon to the lords justices of Ireland. I have now despatched your messenger, with H.M. letter concerning the reduction of the value of the foreign coin current in that kingdom, in answer to yours of the 6th inst.
May 19.
Hampton Court.		 Royal warrant to the lords justices of Ireland, reciting the opinion of the committee as set out in the lords justices' letter to Secretary Vernon of the 6th inst., omitting the paragraph beginning "all which they reported to us they thought might be the rates," and continuing, "we have hereupon thought fit to signify to you that we do approve of the several rates," &c., as set out in the draft letter to the lords justices, and concluding, "our pleasure is that you forthwith cause a proclamation to be issued for the aforesaid species of foreign coin to pass at these rates accordingly." [S.P.67.2. pp. 396–9: S.O.1. 14. pp. 324–5.]
May 19.
[Bermuda.]		 Certified copy of an account of stores, ammunition and ordnance, in the magazine, castle and forts in Bermuda, on April 29, 1701. [Signed] B. Bennett [lieut.-governor.] (Cal. S.P., America & W. Indies, 1701, No. 456.) [S.P.32. 12. f. 162.]
May 20.
Whitehall.		 Proceedings upon the petition of Richard Lane, praying for a writ of error returnable in parliament, in an action brought by him against Sir Rob. Cotton and Sir Tho. Frankland. [Granted.] [S.P.44. 238. p. 470.]
May 21.
Whitehall.		 Sir C. Hedges to Mr. Freeman. It is H.M. intention that the £500, to be paid on capt. Charles Walton's account, be paid to the Tripoly envoy or his assignee. [S.P.44. 101. p. 164.]
May 22.
Whitehall.		 Ja. Vernon to Lord Romney: enclosing a list of war stores, desired by Sir Wm. Beeston, governor of Jamaica, for the fortifications upon Port Royal, to be sent by the first opportunity. (Cal. S.P., America & W. Indies, 1701, No. 463.) [S.P.44. 102. pp. 123–4.]
The same to the Admiralty: enclosing a particular account of naval preparations in France.
Brest, 20–9 May. They work incessantly here on seven 70 gun ships, and two 50 gun ships that came from Rochefort, all nine newly sheathed; and 'tis said they are to join those in the Road and to go directly to Cadiz, where they are to be joined by the Toulon squadron and the French and Spanish galleys, and are all to be commanded by M. Chˆteau Renaud, and from Cadiz 'tis said they will despatch to Cartagena another squadron, of what number or force is not known. But it's thought these nine, newly sheathed, will be part of them.
The six men-of-war that first sailed from Brest for the West Indies were from 60 to 70 guns each, with two large store ships and abundance of officers, engineers and materials, to fortify Cartagena and other places. They have been followed by a frigate and a large fly boat.
The fleet, or squadron, designed from Brest to Cadiz, will consist of five three deck ships, fifteen 70 gun ships, two 50 gun ships, 4 fireships and 2 or 3 small frigates; in all 27 or 28 sail. The biggest, the Thunderbolt (110), will be very finely gilt, and presented to the new king of Spain soon after their arrival at Cadiz.
There remain in Brest, after the Cadiz fleet are gone (without masts or preparations to equip them) the Royal Lewis (112), Terrible (100), Conquest (100), Royal Sun (110), Admirable (100), and two other great ships of about 100: besides fourteen or fifteen 3rd and 4th rates, which they say will be equipped after the Cadiz fleet are gone, which is believed will be within 8 or 10 days.
They are daily adding to their fortifications at Camaret, at the entrance to Brest, and other places between that and the Farm Rock. [S.P.44. 102. pp. 124–6.]
May 24.
Whitehall.		 The same to the Admiralty, enclosing advices of French naval preparations.
Paris, May 27, N.S. Advices from Brest of the 18th say that the squadron from Rochefort anchored in that Road the 17th. Two ships which are to join them stayed at Rochelle to be sheathed. The Fran¸ois brought materials for her sheathing. These sheathings are made with deal plank, stuffed between with hair, flocks, &c. It goes no farther than 2 or 3 ft. under water. [There were also advices from Rochefort and Toulon, May 17, N.S.] [S.P.44. 102. pp. 128–30.]
May 25.
Kensington.		 Commissions to Wm. Hamilton to be captain in Sir J. Hanmer's regiment; to John Campbell to be captain in major-general W. Stewart's regiment. [S.P.44. 168. pp. 343–4.]
May 26. Ja. Vernon to the Admiralty. Some small vessels are to carry the Tripoline envoy and his servants to the Downs, with his goods and the powder and shot which H.M. sends to the Dey of Tripoli, in order to their embarking on the Mary Galley which is to carry them home. [S.P.44. 102. p. 131.]
May 26.
Hampton Court.		 Warrant to Dr. Geo. Oxenden: reciting that Robert Bradinham, Joseph Palmer and Theophilus Turner stand accused of piracy: Bradinham and Palmer have been used as witnesses against capt. Will. Kidd and others, who have been condemned upon their evidence: Turner has been a witness against John Eldridge, likewise condemned for piracy: and directing them to be inserted in the next general pardon. [S.P.44. 350. p. 142.]
Warrant to the same: reciting that John Noake was convicted of treason in 1694, being taken on board a French privateer; and directing him to be inserted in the next pardon without condition of transportation. [Ibid. p. 143.]
May 27.
Whitehall.		 Sir C. Hedges to Sir Joseph Fredenham. The king is informed that one Burton and one Gill have intimation where there lie concealed upon the coast in Cornwall a great quantity of goods and riches belonging to pirates, and have undertaken to discover the same. You are to give them all assistance, and if they discover any such goods you are to send a particular account to me. [S.P.44. 101. p. 163.]
[May 27.] W. Butler to Secretary Vernon. I have been brought to court one Mrs. Parker in Wood Street, who has been seven weeks a prisoner formerly, for entertaining disaffected persons. I find she is so bigoted still that she will still persist in the same in what lies in her. She tells me that Mr. Paine in Scotland, who suffered the torture, (fn. 3) is sent for by King James to come into France, and that then she and my lady Hannum, (fn. 4) who are very great together, shall know of all passages beyond seas.
If your honour pleases to order me ten pound to carry on my courtship and carrass my lady Hanum I doubt not to redeem my former lost time, for the want of money has lost me many good businesses. The widow has proffered me to come to lodge in her house and then I shall know all things. Your honour has reason to stand by me, for there is no Jacobite company I come into but they ask me how my friend Secretary Vernon does [?], so that betwixt two stools I am like to come to the ground except supported by your honour.
[P.S.] I understand that one Thomas Travers, who was in Newgate in the plot times, that is a letter carrier, came from France without licence. If he be sent to Newgate I doubt not but he will make a large discovery. He lives in Cardican Street in Sohoe over against the gate. [Endorsed by Vernon.] Mr. Butler, R. 27 May, 1701, to have 10l. to carry on his courtship. [S.P.32. 12. f. 163.]
May 27.
Whitehall.		 Ja. Vernon to the lords justices of Ireland [acknowledging the receipt of letters dated 16th, 17th, and 22nd inst.]. I have likewise received from Mr. Palmer bills for £2400 for the Vaudois refugies. The archbishop of Canterbury undertook that Sir Thomas Cudden, Mr. Perry, and Mr. Wessengdonck should come to me, and I expect them every minute.
As to the two commissions, before your letter arrived the lord lieutenant had moved H.M. that the company in maj.general Steward's regiment should be given to capt. Campbell, and that in Sir John Hanmer's to capt. Hamilton.
I suppose you have written to the lord lieutenant about the bishopric of Raphoe. I endeavoured to wait on H.E., but could not meet with him. [S.P.67. 2. pp. 399–400.]
The same to Mr. Palmer. I received yours of the 17th, with the bills for the Vaudois. Mr. Perry and Mr. Wessendunck have been just now with me, and have given me receipts for the bills.
Mr. Justice MacCartney's letter was signed by the king with Sir Richd. Cox's. I understood by my lord chancellor Methuen that he would send them both away, but I find Mr. Southwell took care of Sir Richard Cox's letter, and the other was sent to Mr. Dawson.
As to the commission in col. Webb's regiment he once spoke to me about preparing it, but he had afterwards his reasons for going to the other office, and it is indifferent to me where it was despatched. I am obliged to you however for the notice you take of it. [Ibid. pp. 400–1.]
May 27.
Dublin Castle.		 The lords justices of Ireland to Secretary Vernon. On Sunday last we received yours of the 19th inst. (by Mr. Collet the messenger) with H.M. letter enclosed, signifying his pleasure concerning the reduction of the value of the foreign coin in this kingdom, which we shall take care to put in execution, regard being had to the payments we are now making in the Treasury according to the orders we lately received; which payments may we doubt not be over by Monday next, and at that time we intend to issue our proclamation. [Signed] Narcissus Dublin:, Drogheda, Mount Alexander. [S.P.63. 361. ff. 202–203.]
May 28.
Kensington.		 Warrant for a privy seal, for "allowances on Mr. Neal's account of the Mint." [S.O.8. 28.]
The same, for £40,000 to the paymaster of the Works. (Treas. Cal., XVI, 273.) [S.O.3. 20. f. 214, v; f. 215, v.]
Royal warrant to the lords justices of Ireland: for allowing £718 15s. 6d., paid between May 4, 1699, and Nov. 14, 1700: viz. to: Thomas Driver for the materials of his house in Cork, £50: Sir Richard Pyne for speeding commissions at Cork, £30: Charles Baldwin for speeding commissions at Cork and Waterford, £50: Ralph Wilson for 5½ years' rent of his house in Limerick, "which is our storehouse," £57 7s. 6d.: John Sealy for 9½ years' of the Sugar House in Cork, "which was our storehouse," £133: George Houghton, for expense in a survey of war stores, £103 14s.; Benjamin Parry, 1¼ years' rent of the house on College Green, Dublin, called Chichester House, £225 13s. 6d.: Malcome Cathcart and lieut. Richard Crofton, for apprehending Tories, £11 0s. 1½d. each: John Morrison and ensign Thomas Le Hunt, £11 0s. 1½d. each, for taking a friar: cornet Andrew Knox, for suppressing Tories, £25. (Treas. Cal., XVI, 274.) [S.O.1. 14. pp. 326–7.]
May 28.
Kensington.		 The same: to pay to the earl of Rochester, as lord-lieutenant, all moneys payable to the chief governor of Ireland in excess of £100 per month to the lords justices. [Ibid. pp. 328–9.]
The same: to pay 10s. a day to William, lord Blayney. [Ibid. p. 329.]
May 29.
Kensington.		 Commission to Daniel Hunt to be adjutant to the company of foot in the province of New York. [S.P.44. 168. p. 344.]
"Bill for privy seal for allowance to Benj. Lodington, as consul at Tripoli, and to pay off Nath. Lodington, late consul, signed." (Treas. Cal., XVI, 276.) [S.P.44. 348. p. 266: S.O.3. 20. f. 214.]
Warrant for the grant of a baronetcy of England to John Thornycroft, of Milcomb, co. Oxford, esq. [S.P.44. 348. p. 267: S.O.3. 20. f. 216.]
May 29.
Admiralty.		 J. Burchett to Mr. Yard, enclosing extract of a journal of capt. Owen, H.M.S. Queenbrough, giving an account of the naval force at Dunkirk and Ostend.
May 15. At 3 a.m. anchored in Callis Road. Our boat went ashore to gain intelligence. They had their militia called to arms to be viewed; their soldiers are all drawn from thence into the Spanish Netherlands. There lies 3 small vessels, 6 to 10 guns, ready tallowed and cleaned.
May 16. I stood in for Dunkirk. There is 5 sail, about 50 guns, fit for sea.
May 22. At 2 p.m. I sent my pinnace ashore to buy fresh provisions at Ostend. At their landing an officer took charge to carry them to the Spanish governor, who examined them very strictly what they came for, which they acquainted him. He told his secretary he rather thought they came for spies, and ordered him to take an account what they said. Then he asked what ships was in the Downs and at Spithead, which they answered they could not tell. Then he ordered them to be guarded to the French governor; and, he not being at his house, they were carried back to the Spanish governor, who then dismissed the centinell that took charge of them, and gave them the liberty to buy what they wanted. His secretary spoke good English, and told them they had 60,000 Spanish and 30,000 French soldiers in the frontier garrisons of the Spanish Netherlands, and did expect every day to besiege Maestricht.
There lay in Ostend harbour the men-of-war following, viz., St. Maria, 70 guns; Flandria, 66; Queen of Spain, 48; and one of 24. Two fly boats, 44 guns each; two more, 36; and 2 small frigates, 26 guns; all rigged with topmasts anend and yards pecked, but they could not learn their names. [S.P.42. 6. ff. 132–135.]
May 29.
Whitehall.		 Ja. Vernon to Mr. Palmer. I delivered the three remaining bills [yesterday] to Sir Thomas Cuddon, and have his receipt. [S.P.67. 2. p. 402.]
May 30.
Whitehall.		 The same to the Admiralty. You are to add to the instructions to rear-admiral Benbow, appointed to command the West India squadron, that he is to observe such instructions as he shall receive from his Majesty during the expedition. [S.P.44. 102. p. 132.]
May 30.
Kensington.		 The king to the privy council of Scotland. Whereas we have had under consideration a new establishment of the forces of [Scotland], but the intervening of important affairs has hindered us from adjusting the same: being resolved that in the meantime the said forces shall not exceed 3000 nor the funds destinate for their maintenance, you are to give orders for stopping 160 of the recruits appointed to be levied for completing the regiments out of which the late drafts were taken, and in case the regiments are already completed the 160 men are to be disbanded. [S.P.57. 17. pp. 484–5.]
A list of the persons whose names are to be insert in the new Commission of Justiciary to be granted by us for settling the peace of the Highlands: our justice general: our justice clerk: the lords commissioners of justiciary: the marquis of Atholl: the earls of Argile, Marr, Marishall, Finlater, Buchan, Leven, Strathmore, Northesk, Aboyn, Kintore, Breadalban, Tullibardine: the viscounts of Seafield (principal Secretary of State), Tarbat, Strathallan, Dupline: the lords Strathnaver, Glenurchy, Forbes, Reay, Fraser, Duffus: Master Francis Mountgomery of Giffan, Sir James Ramsay of Bamfe, Sir Patrick Murray of Ochtertyre, John Halden of Glenegies, Adam Drummond of Megginsh, James Campbell younger of Aberuchill, John Campbell younger of Ednample, Mr. James Drummond of Comry, Mungo Campbell of Burnbank, captain James Menzies tutor of Weymes, James Campbell of Kerinoch, Sir Thomas Murray of Glendoak, lieut.-col. John Erskine of Carviden, John Erskine younger of Balgounie, James Spitle of Leuchat, James Mercer of Clevage, Mungo Campbell of Kinloch, Colin Campbell of Lochlane, Mr. Dougall Stuart fiar of Blairhall, Mr. David Ramsay of Lethentil, Duncan Campbell of Dalneives, Thomas Fleiming of Monness, Patrick Murray of Dallery, James Ramsay of Newtoun, Mr. James Cragie younger of Dumbarny, Mr. Francis Napier, Patrick Grant of Bonhard, Leonard Robertson of Straloch, Alexr. Blair of Corbs, Lauchlan Mackintosh tutor of Dalmungie, Alexander Robertson bailly in Perth, capt. William Grant of col. Row's regiment, Sir Thomas Burnet of Leyes, Allardice of that ilk, Sir Alexander Falconer of Glenfarquhar, Mr. John Arbuthnet of Forden, Alexander Arbuthnet of Knox, Mr. John Falconer younger of Phesdo, Patrick Forbes of Balfour, James Forbes of Thorntoun, capt. Robert Taylour of Mansfeild, lieut.-col. Robert Reid of Baldovie, the laird of Bowmain, Isaac Fullarton, the laird of Glenbervy, James Scot elder of Logie, James Scot younger of Logie, Mr. Alexander Duncan of Lundie, John Wedderbur elder of Blackness, John Scrimzeor of Kirktoun, John Scrimzeor younger of Kirktoun, — Taylour of Burrowfeild, Lyon of Cars, John Auchterlouny clerk of Aberbrothock, Sir Alexander Hope of Carse, lieut.-col. John Areskine deputy governor of Stirling castle, William Cunningham of Buquhan, Harry Cunningham younger thereof, John Glass of Sauchie, Henry Rollo of Woodsyde, John Cunningham of Ballindalloch, Livingston of Greenyairds, Mr. Francis Napier provost of Stirling, Edmonston of Cambriswallace, Sir John Areskin of Alva, James Holborn of Menstry, Mr. Robert Stuart of Tillicoultry, lieut.-col. James Bruce of Kennell, Abercrombie of Tillibodie, Sir Humphrey Colquhoon of Luss, Sir John Howstoun of that ilk, Sir John Campbell of Carrick, Robert Campbell younger of Carrick, Sir James Smollet of Bounill, Tobias Smollet younger of Bounill, Claud Hamilton of Barnes, Bontein younger of Ardoch, Archibald McCanly of Arncaple, Colin Campbell of Ardentenie, Mr. John Campbell of Mamore, Sir James Campbell of Auchinbreck, Sir Colin Campbell of Ardkinlass, James Campbell younger thereof, Sir Neill Campbell of Allengreg, Alexander Campbell of Lochniell, Archibald Campbell of Clunys tutor of Ila, Archibald Campbell of Inneraw, Campbell of Glendarawell, John Campbell of Innellan, John Campbell of Glensadell, Donald Campbell of Glencarodale, Alexander Campbell of Kilmartine, Alexander Campbell of Barcoldine, Patrick Campbell younger thereof, Sir Alexander Mackenzie of Coul, Mr. Simon Mackenzie of Taraden, Mackenzie of Reidcastle, David Ross of Balnagoun, Ross tutor of Kindess, William Ross of Easterfearn, Sir Robert Monro of Foulis, George Monro of Newmore, George Monro of Colrean, Æneas Mackleod of Catbow, brigadier James Maitland governor of Fort William, capt. Alexr. Campbell of col. Ferguson's regiment, Ludovick Grant of that ilk, Alexr. Grant younger thereof, Grant of Gallony, Duncan Forbes of Colloden, William Baillie of Dunen, William Baillie commissary of Inverness, George Cuthbert of Castlehill, Mr. David Polson of Kilmiles, John Forbes younger of Colloden, the laird of Diple, the laird of Drumuir, Mr. William Robertson of Inshes, James Fraser of Relick, James Fraser of Auchnagern, the laird of Calder, the laird of Kilraock, Hugh Ross of Clavalg, George Brodie of Aslisk, Alexr. Brodie of Dunnairn, the laird of Brodie, Alexander Dumbar of Westfeild, Sir Robert Gordon of Gordonstoun, the laird of Innes younger, Ludovick Dumbar of Grange, Alexander Cumming of Altar, Thomas Tulloch of Tanachie, bailly Stuart of Elgine, Sir James Calder of Muirtoun, Robert Urquhart of Burrisyairds, Robert Dumbar of Dumfeall, Sir William Dumbar of Durn, James Dumbar of Durn younger, Sir Patrick Ogilvie of Boyn, Sir James Abercrombie of Birkenboig, Dumbar of Castlefeild, Alexr. Duff of Braco, Mr. Francis Grant of Cullen, John Grant of Clayfoors, Alexr. Ogilvie of Forglen, Charles Gordon of Glengurack, Grant of Arntillie, Abercrombie of Glessaugh, Grant of Ballentome, Gordon of Drumwhinlie, Ogilvie of Kempcairn elder, the laird of Maldavak, James Gordon of Ardnelly, Mr. Andrew Hay, Mr. William Ross, Sir John Forbes of Craigiwar, Sir James Gordon of Lismore, John Farquharson of Invercall, Mr. James Elphinston of Logie, Arthur Forbes of Achintoull, John Leith of Whitehaugh, Patrick Lesly of Kincraigie, Archibald Forbes of Lickliehead, Robert Ross of Auchlossen, Farquharson of Allenaquish younger, William Forbes younger of Craigivar, Areskin of Pitodrie younger, Leith of Overhall, Sir Charles Keith knight marishall, James Keith of Tilligowny, George Keith of Clackriach, Arthur Forbes of Brux, William Forbes of Monymusk, John Elphinston of Glack, Mr. Paterson commissary, John Udney of Newtyll, Sir Alexr. Cumming of Coulter, Rodorick Forbes younger of Brux, Andrew Fraser sheriff deput of Aberdeen, Mr. Robert Forbes of Lernie, John Forbes of Inverernan, Sir James Scougall of Whitehill, Charles Gordon of Abergeldie, Arthur Forbes of Eight, Bisset of Lessendrum, Mr. Patrick Ogilvie of Cairnvuilg. [S.P.57. 17. pp. 485–9.]
May 30.
Kensington.		 [Warrant for a commission of justiciary for securing the peace of the Highlands.]
Our sovereign lord ordains a commission to be past under the great seal of Scotland, making mention that:
forasmuch as for punishing and repressing thefts and depredations and the other crimes aftermentioned within the bounds of the Highlands and for better settling justice, peace, and good order there, and in all the neighbouring bounds, specially within the shires of Ross, Inverness, Nairn, Elgin, Bamff, Aberdeen, Kincardin, Forfar, Pearth, Stirling, Dumbarton and Argile, which shires are to be divided into two districts in manner aftermentioned, have [sic] thought fit by virtue of his Majesty's prerogative, declared by several Acts of parliament, to grant the commission of justiciary following to the persons afternamed, to whom also the earl of Argile, having heretable right of justiciary, is to grant his commission, at least to a certain number of them for the bounds within his said justiciary, and who only are to act and judge as commissioners within the said bounds and no others, to the effect that the said commissioners being so concerted and impowered may act and proceed more effectually:
therefore his Majesty hereby grants full authority and commission to his justice general, justice clerk and lords commissioners of justiciary, the marquis of Atholl, earl of Argile &c, [as in the foregoing list], they first swearing the oath of allegiance and subscribing the same, with the assurance and association according to law, conjunctly and severally to pursue, apprehend, and present to justice all persons residing, or found transgressing within the shires of Ross, Inverness [etc., as above], guilty or suspected to be guilty of theft, receipt of theft, robberies, depredations, masterful sornings and thiggings, exacting and paying black maill, communing with intercommuned persons, manslaughters, murderers, harbouring or resetting of outlaws made by this or former commissions of justiciary, deforcers of their officers, the transgressors of the law concerning the clan Gregor, hounding out thieves, robbers, masterful sorners, and others guilty of the foresaid crimes, and to secure the peace of the Highlands:
and in case any of the said persons cannot be apprehended or presented to the justice, his Majesty hereby gives warrand to the commissioners, or any one of them, to issue precepts to sheriffs [etc.] or other officers of the law, to charge them to compeir at the first justice court thereafter, upon fifteen days, before the commissioners or any five of them:
and, where there are not sufficient sheriff officers, with power to the commissioners, or two of them, to appoint officials within the several paroches, who are to have the power given to constables by the Act of parliament 1661, and who are to give an account upon all occasions to the next adjacent commissioners, and, upon a warrant from any one of them in write, to cite all persons within the said bounds suspected of theft, correspondence with thieves [etc.], upon 15 days' warning, that they may be secured and tryed by any assyse, and either purged or punished, or required to find caution:
and it is hereby declared that a citation, by warrant in writt of a quorum of the commissioners, bearing that there is no tutus accessus, and to be used at the mercate cross of the head burgh of the shire against the said thieves [etc.] having no dwelling houses where they have most frequently haunted, upon a warning of 15 days, to compeir, shall be sufficient as if they were personally charged:
and if the delinquents have places of residence they are to be cited upon the space foresaid personally or at their dwelling places:
with power to the commissioners or their quorum to hold courts, in which, the justice general or justice clerk or any lord of justiciary, if present, shall precede; and in case of their absence the commissioners are to make choice of any other of their number to precede for that meeting; and to fence and hold courts of justice, and to create fiscals, serjeants, dempsters and all other members of court except the clerk, who is to be appointed by the lord justice clerk, or if none be appointed by him, then to be appointed by the said court pro ista vice allenarly; and also to regulate the prices and correct the abuses of their clerks and subservient members:
as likewise with power to the commissioners to cite witnesses and assysors to pass upon inqueists, the assysors being called out of any of the six parishes adjacent to the place where the court holds, absent witnesses and assysors to unlaw, and amerciate the unlawes, and amerciaments to uplift and exact, and to apply the same for defraying expences and fees of the subservient members of court:
like as the commissioners are empowered to proceed against the persons, either cited on 15 days as above, or, if imprisoned, upon an inditement, upon 15 days, to be tryed before them, by causing deliver to them with the citation a full copy of their lybell or inditement, with the names and designations of the persons to pass upon the inquest and be their assysors; as also of the witnesses to be made use of against them, all subscribed by the procurator fiscal of the court; and in case the persons cited for the said crimes shall be absent, to declare them fugitives, and issue precepts for denouncing them to the horn as rebels: as also to give out letters for intercommuning them, and to cause bring in all their goods escheat by their being declared fugitives, for the uses after mentioned:
and as to such persons cited, or imprisoned, and compeiring to be tryed, to put them to tryall, by discussing the relevance and passing an interloquitor thereupon, and then by setting and choosing an assyse of 15 of the persons subjoined to the lybell as assysors, before whom the whole probation is to be led, and they are to go out of court, or any person to have access to them afterinclosed until they conclude their verdict, according to which, sealed up and presented to, and then opened and read in court, the foresaid persons put upon tryall shall be either acquitt, or, if found guilty, punished, conform to the laws and practique of the realm:
providing always that if the person so compeiring and tryed for theft or stouth, reiff, or recept thereof, be found guilty by the verdict of the assyse, or the said crime found proven against them, be a landed man, the commissioners shall be obliged before pronouncing sentence to make report of the state of the process to the lords of H.M. privy council, that they may give such directions as they think fit, but prejudice to their being declared fugitives and their moveables escheated for their not compeirance:
and the commissioners are hereby impowered to cause uplift all the escheated goods, and to apply the same for defraying the expenses of court and of the execution of this commission, and to appoint collectors for that effect; but prejudice to the lords of regality of the superplus of the escheats; providing that the commissioners cause a particular account of the escheats and escheat goods, subscribed by their preses and clerk, to be sent into the lords of H.M. treasury:
and his Majesty straitly ordaines that the decreet and sentences be put in execution; with this provision, that, in case of sentence of death past on any pannall, the execution of the sentence shall be delayed for 20 days, in case any three of the commissioners present desire the same: and prohibiting hereby all suspensions or sists of execution unless by three at least of H.M. privy council:
and if, upon discussing of the suspension or sist, the letters shall be found orderly proceeded, the suspenders should be decerned in damages and expences as the lords of council shall modify:
and, for the more effectual rooting out all thefts and robberies within the foresaid bounds, his Majesty gives warrant to the commissioners to summon all heretors, lyferenters, proper wodsetters, present possessors of any lands within the Highlands of the said shires, and who are lyable for their men by the Act of parliament, and to exact from them true lists of all men above 12 years of age living upon their lands; whom they shall be obliged upon citation to present when called, and for whom they are to give bond and caution conform to the Act of parliament, and to the effect that those for whom no security can be had may be disposed of by the commissioners conform to the said Acts, so as they may be no more a trouble to the peace of the country: certifying such heretors and others as shall not appear, or refuse to give the lists, or give untrue lists, or refuse to give bond and caution, that in either of these cases they shall be proceeded against according to law:
and his Majesty appoints the first general meeting of the commissioners to be at —, the first Thursday of — next:
and, to the end this commission may be the more effectual, his Majesty hereby appoints two districts thereof, viz.: the north district, including the shires of Ross, Inverness, Nairn, Elgine, Bamff, and Aberdeen, for which John, earl of Kintore, and in his absence William, lord Forbes, to be their conveener: and the other district including the shires of Kincardin, Forfar, Pearth, Stirling, Dumbarton and Argile, for which John, earl of Marr, and in his absence—, earl of Northesk, to be their conveener; save that for the shire of Argile the earl of Argile or his sheriff depute is to be conveener:
which conveeners are to appoint the most convenient times for the meeting of the commissioners or their quorum at one or other of the places following, viz.: —:
which quorum of five is hereby declared to be of such of the commissioners as shall meet at the foresaid time and place, and that at the same time and place all the commissioners meeting are to conveen in one court; and the whole other commissioners called are hereby required to give attendance, under pain of being removed from the trust committed to them:
and the conveeners, or major part of them, are impowered to call general meetings of the commissioners of both districts once or oftener in the year: and, notwithstanding the division into two districts, all persons named in this commission shall have right if present to act as commissioners in any justice court holden by virtue hereof, as well without as within the district where they live:
with power also to the commissioners or any two of them in case of unlawful convocations or often depredations to call H.M. leidges to their assistance; as also to any one of them to give warrant to pursue and apprehend all fugitives within the said shires; as likewise to require all sheriffs, stewards, baillies of royalties and regalities and their deputs, to be aiding for apprehending the fugitives and recovering goods taken by heirships and depredations; and the sheriffs, stewards, and other judges ordinary, are to affoord to the commissioners prison houses and court houses in burghs, and to receive any prisoners sent by the commissioners with a mittimus under their hand, and detain them till tryed or dismissed by order of the commissioners in writt:
and in case fugitives escape out of all the said shires the commissioners or two of them are to acquaint the judges ordinary of the shires to which they resort, who are to apprehend them or at least to pursue them out of their jurisdictions:
and the commissioners are to make timeous intimation of the names and designations of such as they shall declare fugitives to the clerks of H.M. privy council, that the same may be printed and published to the shireffs of the adjacent shires; who are to intimate the same at all the parish churches within their bounds, that no person presume to resett or supply them:
and his Majesty hereby appoints the clerks of the respective courts to give account twice in the year, in May and September, to the clerks of privy council what persons are condemned and declared fugitives, and for what causes; that H.M. privy council may know the condition of the said shires and what diligence the commissioners use:
and his Majesty allows the commissioners to decern for damages and expences, either by the defender, if decerned, or by the pursuer, if the defender be essolzied, as they shall think fit to modify:
and his Majesty requires the commanders of his forces and governor of Inverlochie and commandants of particular garrisons, or other officers, to give parties of horses or foot to attend and fortify the said courts: and the said governor or other commanders are to give concurrence for poynding upon the decreets of the commissioners, and for apprehending persons, and that without any reward:
and his Majesty appoints the present governor and deputy governor of Inverlochie, and their successors, to be members of this commission:
and, that leill men and thieves and broken persons may be the better distinguished, all persons living within any part of the highlands of the said shires, bringing cowes, horses, or any bestiall, to any mercate, are to bring with them a testificate of a landed man, bearing the number of the bestiall, with the name of the place of residence of the bringer or drover, and attesting that the goods are leill come, under pain of seizure and confiscation:
and if it be found that the goods are stolen, the attester shall be liable as guilty, in so far as may extend to restitution and damages, without any favour:
and masters and magistrates having power of mercats, and clerks thereof, are discharged to permit any beasts to be sold and bought in any mercats till the seller deliver to him the certificate: with certification that the magistrate, master, or clerk, failling, and the clerk not keeping the certificate shall be lyable for the beasts sold as airt and part as if the same had been stolen, in so far as extends to restitution:
and it is hereby declared that it shall not be lawful to any person in the Highlands to travel with fire arms from the ordinary place of their residence, without a pass or certificate from the sheriff or his deputs, or from a justice of peace or any of the commissioners within the bounds of the place from which he is to travel, bearing the occasion thereof, which is to have a particular date and to continue only for that journey, with power to the commissioners to apprehend and imprison all such persons wanting passes till they find caution:
and this commission shall be no wayes prejudiciall to the jurisdiction of any sheriffs [etc.], if they shall be the first attackers and shall prevent the commissioners in diligence:
and his Majesty impowers the privy council, upon application by the commissioners, to add to his present nomination:
and this commission is to continue to — unless revoked, and to be published by the lords of H.M. privy council in form as effeires. [S.P.57. 17. pp. 489–96.]
May 30.
Kensington.		 The King to the privy council of Scotland. Whereas we have considered the draught of the commission of justiciary for the Highlands, which was approved by you and delivered to our Secretaries to be presented to us; and considering that the granting of this commission may prove to be one of the most effectual methods for repressing the thefts and depredations now so frequently committed in the Highlands and countries next adjacent thereto, we have signed the foresaid commission: and, [as] we cannot have full information of the times and places most proper for the meeting of the commissioners, we have ordered the same to be transmitted with blanks, which you are to fill up. [S.P.57. 17. p. 496.]
May 30.
Whitehall.		 Warrant to the Treasury of Scotland, to pay £400 for the use of the last General Assembly, for assisting the ministry to defray the charge of their public meetings and judicatures. [Ibid. p. 497.]
Proceedings upon the petition of Cath. Bennying, widow, and Walt. Kent, praying for a writ of error returnable in parliament, in an action brought against them by Wm. Peters. [Granted.] [S.P.44. 238. p. 471.]
May 31.
Hampton Court.		 Commissions to the following officers of companies to be raised and added to the earl of Orkney's regiment, viz.:
Captains. Lieutenants. Ensigns.
Arch. Hamilton Wm. Murray Anth. Osburn
Robt. Hamilton Rob. St. Clair Geo. Conoway
Jas. Lindsay Tho. Ker Alex. Hamilton.
Commissions to Jno. Cooper to be lieutenant, and to Alex. Gordon to be ensign, of capt. Jas. Abercrombee's company; to Tho. Bruce to be ensign of capt. Tho. Bruce's company; in the same regiment. (fn. 5) [S.P.44. 168. pp. 345–6.]
Commission to John Porter to be captain of a company to be raised and added to the royal regiment of foot in Ireland commanded by col. Fred. Hamilton: the like to Rob. Pinsent: commissions to Rob. Cooke and John Dawson to be lieutenants, to Wm. Blakeney and Thos. Dawson to be ensigns, and to Cornelius Tagart to be quartermaster in the same regiment. [Ibid. p. 347.] (fn. 6)
Commission to Francis Read to be captain of a company to be raised and added to Sir M. Bridges' regiment: the like to John Peter Desbordes: commissions to Hen. Warner and Geo. Denny to be lieutenants, and to Geo. Reney Granger and Rob. Bridges to be ensigns in the same regiment. (fn. 7) [Ibid. p. 348.]
May 31.
Hampton Court.		 Commission to Michael Fleming to be captain of a company to be raised and added to col. J. Stanley's regiment: the like to Sam. Sligh: commissions to Jno. Ayloffe, Wm. Carrell, John Heigham, James Levalley, to be lieutenants, and to Wm. Sabine, Jno. Gorden, Edw. Kenyon, and Bryan Stapleton, to be ensigns in the same regiment. (fn. 8) [S.P.44. 168. pp. 349–50.]
Commissions for the additional companies of brigadier Ingoldsby's regiment; David Stedman and Perkins Vaughan to be captains: Math. Pennefether and Hugh Smyth to be lieutenants; Wm. Sanderson and Tho. Vincent to be ensigns. (fn. 9) [Ibid. p. 359.]
Commission to Peter de Cosne to be lieutenant in Princess Anne of Denmark's regiment. (fn. 10) [S.P.44. 167. p. 424.]
List of commissions, granted to reformed officers, of the companies that were added to the following regiments by Act of Parliament.
Princess Anne of Denmark's (col. J. R. Webb). Capt. Peter Hammers, lieut. James Adams, ens. Roger Carter: capt. Wm. Congreve, lieut. James Orfeur, ens. Burlace Richmond Webb. (fn. 11)
Major-general Stewart's. Capt. John Upton, lieut. Wm. Tayler, ens. Miles Martin: capt. Richard Dansey, lieut. Thomas Hill, ens. Henry Embree.
Sir B. Granvill's. Capt. Warner Daws, lieut. Gideon Ribier, ens. Wm. Daniel: capt. Richard Lucas, lieut. Samuel Buller, ens. John Hellows: Edward Tynte, quartermaster.
Sir John Jacob's. Capt. Wm. Austin, lieut. Wm. Bury, ens. Richard Barry: capt. John Lewis La Farelle, lieut. Thos. England, ens. John Hall.
Col. E. S. Howe's. Capt. Thos. Whitney, lieut. Daniel Dickenson, ens. Wm. Howe: capt. Thos. Garston, lieut. Thos. Symmons, ens. Jonathan Watson: Edw. Welch, quartermaster. (fn. 12)
Col. W. Seymour's. Capt. Thos. Gardiner, lieut. Thos. Theaker, ens. August de Courtiere: capt. John La Coude, lieut. John Whitehall, ens. Wm. Thompson. (fn. 13) [Ibid. pp. 425–6.]
May 31.
Whitehall.		 Ja. Vernon to the Admiralty; enclosing advices of French naval preparations.
Paris, June 3, N.S. Advices from Marseilles, May 23, N.S., say that the 12 galleys designed for the Straits were still detained at the Hieres, although the Bailly de Noailles was very desirous to have got to the rendezvous.
Advices from Brest, May 24, N.S., say an express was arrived with orders for M. de Château Renaud to sail immediately with his whole squadron to join M. de Coetlogon at the American islands. So the French will have in those parts 24 ships of line of battle. 'Tis generally said M. de Villette will go with his squadron to Cadiz.
Advices from Rochefort, May 25, N.S., say they have almost equipped 3 men-of-war, which will suddenly sail for Cadiz. The Cheval Marin, which is to carry M. de Feroles to Cayenne, will sail with the first fair wind. She has recruits, passengers, and a number of the inhabitants of that colony. [S.P.44. 102. pp. 135–7.]
The same to the Treasury. The king, being moved upon the enclosed report of Mr. Solicitor-general and the letter of the commissioners of the Admiralty, commands that you give directions for paying to Humphrey Ellis the moiety of the £200 fine.
(i) May 30. The lords of the Admiralty to Secretary Vernon. We enclose the paper, under the hand of Mr. Solicitor, that was read yesterday to H.M., concerning Humphrey Ellis, who prays the moiety of the £200 fine set on Mellerish of Portsmouth for being concerned in the embezzlement of stores there. All the objection to his receiving the reward is that our solicitor carried on the suit in the king's name, whereas the informer ought to have done it. But Mellerish pleaded guilty and paid £200 in court, so the charge of the prosecution was inconsiderable, and the Board is of opinion that the petitioner deserves the moiety, and that it will encourage him and others to detect such villainies. The sum is or will be paid into the exchequer by the sheriff of the county of Southampton.
(ii) May 28: Jo. Hawles, solicitor-general, to —. In answer to yours dated yesterday, it is certain that the informer, not being named in the prosecution, was not entitled to any part of the forfeiture. And if he had been entitled, the lords of the Admiralty could not have ordered the payment; the forfeiture, both before and after paid into the exchequer, being subject only to the lords of the Treasury. And even they cannot order the payment of it otherwise than into the exchequer; unless there should have been a privy seal to pay it otherwise, and to indemnify the sheriff. But, being paid into the exchequer and not appropriated the lords of the Treasury may dispose of it as they please. If therefore the Admiralty are of opinion that the informer deserves a reward, they may move the king to direct the Treasury to reward the informer out of that or other the king's treasure not appropriated. [Ibid. 102. pp. 132–5.]
[Note of the names of the] chaplains of the chevalier Girald, envoy extraordinary of Florence, viz. (May 31) Charles Jurno Eage, in place of Paul Evin, and (June 26) Nicholas La Vallette. [S.P.44. 348. p. 247.]
May. Note for the dividend. [S.P.32. 12. f. 164.]
[May.]
Whitehall.		 Proceedings upon the petition to the king of Eliz. Mead, relict and executrix of Hen. Mead, and Gertrude Beck, relict and executrix of Will. Beck; setting forth that their husbands sailed from Plymouth in April, 1696, in the Adventure, gally, Mead being master and Beck quarter-master, under command of capt. Wm. Kidd, bound to the East Indies; and soon after, and before any act of piracy committed by Kidd, their husbands died, leaving on board their clothes, instruments, books, etc., which were sold by Kidd on board and at the mast, as is usual, viz.: the goods of Mead for 900 pieces of eight in gold, and the goods of Beck for 450 pieces, which gold was seized with the gold and effects of Kidd; the truth of which Kidd has, before his attainder, certified. They pray that the said effects may be delivered to them. The certificate dated April 30, 1701, was annexed to the petition. Referred to Dr. Oxenden, dean of the Arches. [S.P.44. 238. pp. 470–1.]

Footnotes

  • 1. Cal. S.P., Ireland, 1662, pp. 544–5.
  • 2. The answer is not entered fully, and several pages in the Entry Book are left blank: of. Cal, S.P. Ireland, 1660–1662, pp. 620–624: Treas. Cal., XVI, 272.
  • 3. Neville Payne.
  • 4. For Lady Hannum, see Luttrell's Diary.
  • 5. Cf. C. Dalton, English Army Lists, iv, 251.
  • 6. Ibid., iv, 253.
  • 7. Ibid.
  • 8. Dalton, iv, 249, 253.
  • 9. Ibid., iv, 253.
  • 10. Ibid., iv, 247.
  • 11. Dalton, iv, 251, gives Roger Cater (or Cator), Burlace Webb and Richmond Webb.
  • 12. Ibid., iv, 252.
  • 13. Ibid., iv, 254.
PreviousTable of contentsNext