Minute Book
November 1677

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Institute of Historical Research

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William A. Shaw (editor)

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1911

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'Minute Book: November 1677', Calendar of Treasury Books, Volume 5: 1676-1679 (1911), pp. 477-485. URL: http://www.british-history.ac.uk/report.aspx?compid=80620 Date accessed: 31 July 2014.


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Contents

November 1677

Nov. 2.
Friday, 10 o'clock forenoon.
The Lord Chancellor, Lord Treasurer, Earl of Essex, Chancellor of the Exchequer, Visct. Ranelagh and the Attorney General are to attend the King in the Treasury Chambers at Whitehall [this day] about the Irish Commission prosecuted by Mr. Ryder.
Memorandum : Treasurer Danby to be then put in mind to speak with the Attorney General about Sir Henry Coker's discharge and the Irish reports and papers are to be then shewed to his Lordship.
Sir Robert Southwell and Mr. Corbet are to attend [this day] about the [Queen's dowry or] Portugal money.
[Day Book, p. 133.]
Nov. 6.
Tuesday, at 10 in the forenoon.
The first two appointments, ut supra, under date Nov. 2, are repeated verbatim.
[Ibid.]
Nov. 7.
Wednesday, at 10 forenoon.
Sir Hugh Cholmley and the rest of the alum farmers are to attend about the business of their farm and the new [alum] work [which has been] set up.
Adjourned to Friday next.
[Ibid. p. 134.]
Nov. 9.
Friday, at 10 forenoon.
Sir Hugh Cholmley and the rest of the alum farmers, etc., ut supra.
Sir Robert Southwell and Mr. Corbett to attend this day about the [Queen's dowry or] Portugal [money] accompt.
[Ibid.]
Nov. 9.
Treasury Chambers.
The Lord Treasurer directs that Sir C. Harbord, Mr. John Laurence, Mr. Fillingham and myself [Charles Bertie, secretary to Treasurer Danby] shall examine the arrears' pretensions of the officers and soldiers of the Barbados regiment reported to his Lordship Oct. 24 last by Commissary [General] Banes and Mr. Fillingham, and to set forth which of those officers and soldiers or their executors or administrators are fit to be paid, and in what method it may best be done.
The alum farmers are called in. They demand a debt due from Colvile, the goldsmith. Secondly they crave an allowance for a composition made with Mr. Anthony Lowther for his alum works. Treasurer Danby directs them to make a petition containing all the particulars of their demands. Memorandum : That Treasurer Danby speak with the Chancellor of the Exchequer about the alum farm. The Attorney General to give Treasurer Danby his opinion touching this farm. The Auditor to attend his Lordship with both the leases of this farm as well that to Sir John Harrison as that to the present farmers. The farmers to produce to his Lordship his Majesty's sign manual and other papers relating to this matter.
Mr. Corbett is ordered to attend on Wednesday morning next and to bring in his exception in writing to Alderman Backwell's accompt.
Treasurer Danby directs that Mris. Culpeper shall have 200l. paid to her.
Mr. Latin's (Lattin's) bill of charges [being] 36l. [is ordered] to be paid.
[Treasury Minute Book VI. p. 2.]
Nov. 12. A warrant [is ordered] to be drawn for Mris. Sophia Stewart's 300l.
20l. is directed to be given to Mr. Thom. Ranew as royal bounty.
[Order for] the gratuity to be paid to Robt. Stephens, discoverer of the libels called 'the uniformity of Government from the first times to the end of the reign of Edw. III.'
The clerks of the Council to be paid 678l. 10s. due to them.
The [list of] pension (pensioners) on the Excise [is to be put among] the papers for the King and the names of the Earl of Carbery, Richard May and [S. Butler the author of] Hudibras are to be also mentioned.
The Countess of Sussex [is ordered] to have 600l. advanced to be repaid out of 'my Lord's' [the Earl of Sussex's] pension.
[Ibid. p. 3.]
Nov. 13. Treasurer Danby directs that 200l. shall be paid to Mr. Levet for one year of his pension.
[Ibid.]
Nov. 14.
Wednesday.
Sir Robt. Southwell, Mr. Corbett, Alderman Backwell and Auditor Aldworth are to attend [this day] about the [Queen's dowry or] Portugal account and Mr. Corbett is to bring his exceptions in writing. The Auditor is to bring the accompt and Mr. Savill is to have notice.
Mr. Strode [is] to be called in [this day] to give an account of the return of the Commission of New Forest.
The Earl of Crawford's caveat is to be heard [this day].
Sir John Trevor's petition and papers are to be read [this day].
[Day Book p. 134.]
Nov. 17. The Earl of Oxford's tallies are to be dispatched and [are to be] struck for the full [amount].
By the King's command Treasurer Danby directs the half salary for the quarter due at Christmas next, to be paid to Mr. Upton.
By like command Treasurer Danby directs the payment of 200l. to the Earl of Carbery, 100l. to Mr. Price and 100l. to Mr. Butler ('Hudibras') and 100l. per an. for the said Mr. Butler.
By like command Treasurer Danby directs that the moiety of the fines of 122l. recovered against Strong should be paid to the officers at Weymouth.
By like command Treasurer Danby directs 60l. to be paid to Sir John Berry for three years' arrear of his fee of 20l. per an. as Capt. of Deale Castle.
[Treasury Minute Book VI. p. 3.]
Nov. 19. By command from his Majesty Treasurer Danby directs the payment of 750l. to Lord Byron for 1½ years of his pension of 500l. per an. : [to be paid in] full.
[Ibid.]
Nov. 19.
Treasury Chambers.
Present : The King, Lord Chancellor, Lord Treasurer, Earl of Essex, Chancellor of the Exchequer. Attending : Visct. Ranelagh, the Attorney General.
About the Irish [Revenue] farm. Mr. Ryder, one of the Farmers, complains of the granting out a Commission in Ireland for collecting all the branches of his Majesty's revenue.
The Earl of Essex says that if seven of the Farmers petition [for it] the Lord Lieutenant and Council could not refuse the granting a commission according to the covenant.
Mr. Rider says (1) that this Commission excludes him from acting or voting ; (2) that any three may dispose of the revenue contrary to the intention of the rest of the partners (three being a quorum), and so may get the money into their hands.
The Lord Chancellor advises that the present Commission be superseded and that two others be issued, one to seven such persons as any seven of the Farmers shall nominate to manage the Customs ; the other to five such persons as any seven of the said Farmers shall nominate to manage the judicial part of the Excise only, and that no other branch of his Majesty's revenue of that kingdom [of Ireland] be put into Commission ; and the Farmers are to have notice that his Majesty recalls his present Commission.
The Contractors of the Hearthmoney are called in. They complain against the judgment of several Justices. Mr. Saunders, of Counsel for the Contractors, complains of the undue judgment of the Justices given against [smiths'] forges [being liable to pay Hearthmoney], and of their making themselves final judges of the duty itself. The Lord Chancellor and the Attorney General acquaint the Contractors that they may go on to make distresses, and if any opposition or diversion be made by the Justices, then the Farmers [Contractors] are directed to remove the judgment of the Justices by certiorari at the King's charge.
The Attorney General is to bring a Quo warranto against the borough of Stratford upon Avon in co. Warwick, and William Palmer [is] to be turned out of the Commission [for the Peace].
Treasurer Danby directs a state to be made of the whole revenue [of England] and of all the charge thereupon and how each particular branch is charged and in arrear, and how the next year's service may be provided for.
[Treasury Minute Book VI. pp. 4-5.]
Nov. 21.
Wednesday.
Sir Robt. Southwell, Mr. Corbett, Alderman Backwell, and Auditor Aldworth are to attend [this day] about the [Queen's dowry arrears or] Portugal account, and Mr. Corbett is to bring his exceptions in writing, and the auditor is to bring the account and Mr. Savile is to have notice and to be desired to be present.
Mr. Lindsey is to attend [this day] to shew cause why he does not pay 1,500l. due to the alum farmers and also to be heard upon Sir Rich. Chiverton's petition, etc, and a copy is to be sent to him.
Mr. Strode is to be called in [this day] to give an account of the return of the Commission of the New Forest.
Sir John Trevor's petition touching Dudley Rews' estate is to be read [this day].
Mr. Gelson is [this day] to make out his exceptions to Mris. Fleetwood's letter and the Commissioners of Wine Licences are to attend.
The officers of the Works [are to be heard this day].
[Day Book p. 135.]
Nov. 21.
Treasury Chambers.
Present : Lord Treasurer, Chancellor of the Exchequer.
A dispute arising between the bishop of London and the officers of the Works upon their privy seal concerning the receiving some money of the Greenwax, Treasurer Danby determines the 300l. [as to be applied] to the service of the Works.
Mr. Corbett, Sir Robt. Southwell and Alderman Backwell are called in upon the Portugal [money] accompt of the Queen's portion [said account being] delivered in by Mr. Parry.
The Farmers of the Law duty are to attend on Wednesday next with Sir Edmond Windham and Mr. Collingwood.
To see what is allowed to Mr. Parry for extraordinaries betwixt the first of June, 1669, and the 19th April, 1672.
[Treasury Minute Book VI. p. 5.]
Nov. 23.
Friday.
Mr. Lindsay to attend [this day] to shew cause why he doth not pay 1,500l. due to the alum farmers and also to be [then] heard upon Sir Rich. Chiverton's petition about his [Lindsay's] refusing to assign part of his perpetual interest. (Struck through.)
Mr. Strode to be called in [this day] to give an account of the return of the Commission of the New Forest.
The officers of the Works [are to attend this day] and [also] Mr. Norton about the works of the Mews.
Sir John Trevor's petition touching Dudley Rews' estate [is to be considered this day].
Mr. Gelson [is this day] to make out his exceptions to Mris. Fleetwood's letter, and the Commissioners of the Wine Licences are to attend.
Mr. Browne to attend [this day] about Sir Robert Viner's complaint of him prosecuting an extent against him.
[Day Book, p. 135.]
Nov. 23.
Treasury Chambers.
Present: Lord Treasurer, Chancellor of the Exchequer.
Mr. Lindsay is called in to shew cause why he doth not pay the 1,500l. due to the alum farmers. He says Mr. Colvile (whose widow and administratrix he married) owed one George Cowart 1,500l., but knows nothing of any debt owing to the alum farmers.
The alum farmers say Mr. Colvile was the person by whom they constantly paid their money into the Exchequer, and that Cowart was always their agent to hand the money to Mr. Colvile, and they produce an inquisition whereby immediately after Colvile's death this debt was seized in aid of them, and two several orders of Court were read whereby the process upon that inquisition was stayed by reason the King was in debt to Mr. Colvile. But now that his Majesty has satisfied that debt, they pray that Colvile may satisfy the 1,500l. to the King according to the order of Council.
Mr. Lindsay owns the debt and offers to pay the 1,500l. by assigning a part of the perpetual interest granted to him for satisfaction of Mr. Colvile's debts. Treasurer Danby directs that the order of Council shall be observed in this particular, which obliges Mr. Lindsay to pay this 1,500l. [in hard cash, and not by assigning a pro rata part of his annuity].
The petition of Sir Rich. Chiverton and others against Mr. Lindsay [is read], praying that Mr. Lindsay may be directed to make such assignment to the note creditors [as distinguished from the bond creditors] of Mr. Colvile as by the letters patent (granting to him a perpetual interest for that purpose) is directed and as he hath thereby covenanted to do.
The Solicitor General (of Counsel with the petitioners) opens the case and conceives that all the creditors as well by notes as by bonds or judgments are equally concerned in this trust, and that it will be no devastavit to assign to the note creditors [their pro rata share of annuity], although the [creditors by] bonds do not take assignments, the letters patent being a grant in fee upon a general trust for all the creditors equally : and if the notes shall have no satisfaction till the bonds are paid, they may never receive any, for bonds may by contrivement be kept on foot, as hath been done in this case, where a bond of 400l. was said to remain unpaid when there was but 50l. due thereon.
Mr. Levens, Mr. Jenner and Mr. Offley on the same side spoke to the same effect.
Mr. Finch (of Counsel with Mr. Lindsay) says that he humbly conceives the King did not intend by his letters patent to alter the law or direct the executrix or administratrix of Colvile to distribute his estate among his creditors in any other manner than as the law has appointed : and it is evident that the payment of a note creditor before a bond or judgment [creditor] will be a devastavit in an executor or administrator and [would] subject his [such executor's] own estate to the payment of the bonds, etc., of the testator.
Sir George Jeffreys, on the same side, says that it can never be supposed by any construction that the King intended (by this grant to Mr. Lindsay) to subject Mr. Lindsay's own estate to the payment of Mr. Colvile's debts ; which will necessarily be done by [his] assigning [portions of the annuity] to [creditors by] notes before the [creditors by] bonds are satisfied : and if the King had paid the debt in ready money instead of this grant of a perpetual interest, none can deny but that the money must have been distributed according to the rule of law, and surely Mr. Lindsay cannot be more bound than (admitting this grant to be ready money) the law will bind him.
The Solicitor General takes a difference between the King's paying of ready money and making this grant in fee upon the trust therein mentioned for payment of the debts, and says that if a man who is indebted by judgment bond and bill gives to his executor a personal estate upon trust to pay his debts, in this case the executor must pay the debts in course as the law directs ; but if a man so indebted devise and give to his executor an estate in fee simple (as in this case) upon trust to pay his debts, in this case no debt shall have priority, but may be paid in such course as the trustee please. And in the petitioners' case the Lord Treasurer being by the patent made the sole judge how and to whom the assignments shall be made, he humbly hopes that insomuch as there is estate sufficient to pay all the debts and the petitioners having the weakest securities, and yet such as in all way of trade ought first to be regarded and paid, being in the nature of running cash, his Lordship will be pleased either to direct Mr. Lindsay to make assignments to his clients or that his Lordship will lay his hand on the money in the Exchequer and not permit the payment of any more to Mr. Lindsay until it may be decided what the whole debt is, and what estate there is to satisfy it : and [therefore the Solicitor General] prays an account thereof may be made before an auditor.
Mr. Lindsay's counsel insists that if any stop of payment should be made the [creditors by] bonds and judgments would all sue for their interest and principal, and he could not pay them their interest, which would bring great inconvenience, besides discredit upon him.
Treasurer Danby directs that Mr. Lindsay shall upon oath (erased).
The Attorney General proposes that Mr. Lindsay shall give in a fair accompt of the debts both upon bill [note] and bond, and swear to the truth thereof.
Treasurer Danby directs that a perfect schedule of all the debt and of all the several natures of them shall be made and delivered in upon oath to [the Treasury] Secretary [Mr. Charles] Bertie, and if the creditors have no just exception to the bond debts and debts of record, then so much as will pay the interest thereof may continue to be paid to Mr. Lindsay or his assigns, and the residue of his interest money to be stopped.
By his Majesty's command Treasurer Danby directs the payment of the Earl of Strafford's pension [in] full, and that 500l. of the arrear shall be paid to him, and the residue of that arrear to be settled [on some good fund]. In the margin : Letter writ for 500l.
By like command Treasurer Danby directs that 500l. be paid to Mr. Henry Brouncker for one year's salary as one of the late Commissioners or Council of Trade and Plantations.
By like command Mr. Hill, an officer of the Hearthmoney, is to have the fine of 46l. 6s. 8d. imposed upon certain rioters for assaulting him.
By like command Treasurer Danby directs the payment of 189l. to the Provost of Eton College upon an order No. 40 registered on the Wine Act.
By like command his Lordship directs a warrant to be drawn for granting the reversion of the searcher's place at Boston to Rich. King, son of Capt. Richard King, and to John King during their lives successively in reversion.
By like command his Lordship directs a caveat to be entered that no grants pass of any fines in the King's Bench or Greenwax money.
By like command his Lordship directs the payment of the Earl of Arlington's pension on the Excise : [to be paid in] full.
By like command his Lordship directs the payment of 200l. to the Treasurer of the Chamber to be issued to Gervas Price, the Serjeant Trumpeter, for the widow Christmas and her child, her husband being killed in Poland in his Majesty's service. In the margin : Done ; [meaning only : letter written to the Auditor of the Receipt to issue same.]
By like command his Lordship directs the payment of 20l. to John Note, a poor lame seaman, who petitioned his Majesty in the Admiralty from whence he had a [recommendatory] letter [to Treasurer Danby] for this sum.
By like command (signified by Mr. Pepys) Treasurer Danby directs warrants for his Majesty's sign manual to be drawn for payment of the sum of 100l. to the widow of Capt. Lassells, an old sea commander, and of another 100l. to the widow of one of his Majesty's late Masters attendant at Chatham.
[Treasury Minute Book VI. pp. 5-9.]
Nov. 25.
Sunday, Treasury Books.
Present : The King, Duke of York, Lord Chancellor, Lord Treasurer, Duke of Monmouth. Attending : Attorney General.
Mr. William Rider, one of the Farmers of the Irish revenue, is called in and did acquaint his Majesty that Sir James Shaen and some other partners of the present Irish [revenue] farm had agreed amongst themselves to get what money (arising by the revenue) they could into their hands by May or April next, and then to dispute with the King that they were to have by their bargain the 80,000l. agreed to be paid by Visct. Ranelagh to his Majesty in the years 1676 and 1677 : and this [as] Mr. Rider declared, had been discoursed amongst them at their board, and that he the said Mr. Rider did acquaint them that for them to pretend to any part of that money would be unjust, for that it was never intended to be any part of their bargain, and that he would never consent to so dishonest a practice. To whom Sir James Shaen replied that if he were so nice he would never thrive. And further he [Rider] saith that during the time they were in treaty [for the farm] and in passing their grant Sir James Shaen would often say that he had something under his thumb which would help them in case the farm was too dear, and that it would be worth to them 15,000l. or 18,000l. per an. And he [Rider] further saith that he has received information out of Ireland that Sir James Hayes and others, Visct. Ranelagh's partners, have compounded with Sir James Shaen and his partners not only for the arrears, but also for the 80,000l.
His Majesty directs a letter to be sent to the Lord Lieutenant to acquaint him with this practice and also [to give order] that his Excellency give directions that the [said] Farmers receive no part of the 80,000l. payable by Visct. Ranelagh to the King, nor that any receipt or discharge be given in the Exchequer of that kingdom for the said 80,000l. upon payment of the same by Visct. Ranelagh and his partners to the said Farmers or upon any composition to be made betwixt them.
[Treasury Minute Book VI. pp. 9-10.]
Nov. 26. The case and report touching Mr. Pley of Weymouth is to be heard at the Treasury Chambers [this day].
Monsieur du Puy's name is to be put on the King's papers.
Sir John Bunce's case [is likewise to be put] on the papers for the King.
Serj. Bishop [is] to be paid the remaining 251l. due to him so soon as conveniently may be.
Sir Tho. Williams' name [is also to be put] on the papers for the King.
Mr. Brouncker's petition is to be shewed to Treasurer Danby at the Treasury Chambers on Wednesday next.
The complaints from the Farmers of the Excise are to be then considered.
Sir Robert Howard's certificate of last week [of the receipts, issues and balance of cash of the Exchequer] is to be sent back [to him] with directions to distinguish [properly between certain items therein].
[Ibid, p. 10.]
Nov. 28.
Wednesday.
The Farmers of the Excise are to attend [this day] upon their paper delivered in.
Mr. Gelson [is this day] to make out his exceptions to Mris.
Fleetwood's letter, and the Wine Licence Commissioners are to attend.
The officers of the Works and Mr. Norton [are this day] to attend about the works of the Mews.
Mr. Brown [is this day] to attend about Sir Robert Viner's complaint of his [Brown] prosecuting an extent against him [Viner].
Mr. Dowle's case touching his prosecuting tobacco at Winchcomb [is to be considered this day].
Mr. Brounker's petition to be then considered.
Adjorned till Wednesday, Dec. 5.
[Day Book, p. 136.]
Nov. 29. By his Majesty's command Treasurer Danby directs the suspended debt of the Household to be paid according to the proposal [? adopted by the Privy Council] : and directs warrants to be drawn accordingly for orders.
Stop of process against Mr. Atherley is granted until next term.
Treasurer Danby directs Mr. Ramsey to satisfy Sir William Turner according to former directions.
[Treasury Minute Book VI, p. 12.]