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Nov. 2.
Friday,
10 o'clock
forenoon.
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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.]
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Nov. 6.
Tuesday,
at 10 in the
forenoon.
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The first two appointments, ut supra, under date Nov. 2, are
repeated verbatim.
[Ibid.]
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Nov. 7.
Wednesday,
at 10
forenoon.
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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.]
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Nov. 9.
Friday, at 10
forenoon.
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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.]
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Nov. 9.
Treasury
Chambers.
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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.]
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Nov. 12.
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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.]
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Nov. 13.
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Treasurer Danby directs that 200l. shall be paid to Mr. Levet
for one year of his pension.
[Ibid.]
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Nov. 14.
Wednesday.
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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.]
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Nov. 17.
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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.]
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Nov. 19.
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By command from his Majesty Treasurer Danby directs the payment
of 750l. to Lord Byron for 1 years of his pension of 500l.
per an. : [to be paid in] full.
[Ibid.]
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Nov. 19.
Treasury
Chambers.
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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.]
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Nov. 21.
Wednesday.
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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.]
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Nov. 21.
Treasury
Chambers.
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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.]
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Nov. 23.
Friday.
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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.]
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Nov. 23.
Treasury
Chambers.
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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.]
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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.]
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Nov. 26.
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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.]
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Nov. 28.
Wednesday.
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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.]
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Nov. 29.
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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.]
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