Entry Book
November 1686 21-25

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William A. Shaw (editor)

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1923

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'Entry Book: November 1686 21-25', Calendar of Treasury Books, Volume 8: 1685-1689 (1923), pp. 1014-1031. URL: http://www.british-history.ac.uk/report.aspx?compid=82563 Date accessed: 19 April 2014. Add to my bookshelf


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November 1686 21-25

Nov. 22.Money warrant for 2,500l. to the Queen for last Sept. 29 quarter on her annuity of 10,000l. (over and above her jointure) as by the privy seal of 1685, Oct. 31. (Money order dated Oct. 22 hereon.)Money Book VI, p. 436. Order Book I, p. 160.
Same for 1,500l. to the Queen Dowager for same quarter on her annuity of 6,000l.Money Book VI, p. 436.
Same for 250l. to Edward Griffin for half a year to Sept. 29 last on his pension. (Money order dated Nov. 22 hereon.)Ibid, p. 437. Order Book I, p. 160.
Same for 21l. 4s. 8d. to the Churchwardens of St. Magnus for one year to Sept. 29 last on the perpetuity granted by the late King for the use of the poor of said parish.Money Book VI, p. 437.
Warrant by Treasurer Rochester to the Customs Cashier to pay Thomas Doyly 25l. for last Sept. 29 quarter on his annuity. (Henry Guy to same, dated same, to pay same.)Ibid, p. 437. Disposition Book V, p. 61.
Money warrant for 160l. to Sir Joseph Williamson, kt., for one year to 1685, Christmas, on his fee as Keeper of his Majesty's records at Whitehall, being the first year grown due thereon since the King's accession.Money Book VI, p. 437
Same for 13l. 6s. 8d. to Sir John Cotton for 2½ years to Sept. 29 last on the perpetuity of 5l. 6s. 8d. per an. to him and his heirs.Ibid, p. 438.
Nov. 22.Henry Guy to the Auditor of the Receipt to issue to me [Guy] by way of advance 300l. for secret service. The warrants for the regular issue thereof shall be sent you as soon as they be passed.Disposition Book V, p. 60.
Same to the Attorney General to attend this afternoon [at the Treasury] at the hearing the cause between Stistead and Browne versus Scawen and Lucas.Out Letters (General) X, p. 29.
Reference by Treasurer Rochester to Richard Graham and Philip Burton of the petition of John Benifice of Dunwich, co. Suffolk, shewing that in 1672 Sir William Doyly, one of the Commissioners appointed to take care of the Sick and Wounded in the late Dutch War, appointed him deputy to take care of such sick and wounded at Dunwich and adjacent places; which petitioner faithfully executed during that war and expended such moneys as from time to time he received from said Doyly: that in 1676 petitioner's accounts were perused and audited by Richard Gibson, who was authorised by the Earl of Danby, then Lord Treasurer; and vouchers were produced to prove the same, and said Gibson was well satisfied therewith and petitioner was paid 173[l.] towards the balance thereof: that said Gibson together with Mr. Thomas Cooper, has lately made a report in general to the Lord Treasurer concerning said account [to the effect] that petitioner is indebted 317l. 16s. 4d. to the King without ascertaining the particulars thereof; upon which a bill is exhibited in the Exchequer against petitioner to account over again, which petitioner is utterly unable to do, having lost some of his vouchers, and his account and other vouchers being detained by the said Gibson, and the persons are since dead who should justify the said account: therefore prays a hearing and stay of the Exchequer proceedings meantime.Reference Book III, p. 410.
Same by same to the Attorney General of the petition of Sir Benj. Tichborne, kt., shewing that his grandfather, Sir Walter Tichborne, did in 17 Car. I sell several lands in the parish of Ash, co. Surrey, to the Crown, amongst which lands there is a parcel containing about 100 acres of meadow and pasture commonly called Noose, Loose and Whitmores, which came by petitioner's grandmother and which petitioner's grandfather had no power to sell, the same being by law vested in petitioner: therefore prays some satisfaction for same from the Crown.Ibid, p. 412.
Same by same to same of the petition of Lady Eliz. Gerrard to the King; petitioner shewing that her father the Earl of Macclesfield, being seized of an estate in lands by the device of Sir Edward Fitton (part of which the said Sir Edward mortgaged for raising a Regiment for the service of the Crown) after his death one Mr. Jolliff and Alex[ande]r Fitton by mesne assignments became interested in the said mortgage, and receiving the rents for several years petitioner's father brought a bill in Chancery for an account and redemption and thereupon it was decreed that said Jolliff and Fitton should come to an account and assign their interest to said Earl upon payment of what should appear to be due to them; an account was accordingly near ready to be stated, whereupon the Master [in Chancery] to whom it was referred, might have made his report but the Attorney General moved that proceedings might stay in regard said Earl stands outlawed for misdemeanour: therefore petitioner being appointed by said Earl, pursuant to said decree, to take an assignment of said mortgage, prays permission to take same accordingly "that the remaining profits of the estate, after the said debts paid for the redemption, may come into your Majesty's hands."Ibid, p. 417.
Nov. 22.Warrant by Treasurer Rochester to the King's Remembrancer to deliver up to Sir Thomas Jones et al. executors of Sir Thomas Vernon, deceased, late a Teller of the Exchequer, the bonds of them and others the sureties as by a schedule annexed [missing], whereby they became sureties to Charles II for said Vernon's true accompting: they having represented that immediately after said Vernon's death they paid to one of the other Tellers all such moneys as were remaining due to the King on his account, as by a constat or certificate thereof from William Wardour, Clerk of the Pells, and by report of the Auditor of the Receipt and of Thomas Hall, First Secondary [in the King's Remembrancer's Office].Warrants not Relating to Money XI, pp. 384–5.
Report by same to the King on the annexed paper (a) infra containing the demands of the Duke of Albemarle concerning Mote Park. I find that in 1660 said Park was granted by Charles II to the then Duke of Albemarle at the value of 264l. per an. as it was then rated by Sir Charles Harbord. After the said Duke's death Charles II made an agreement with the present Duke (then a minor) for repurchasing said Park to be laid into Windsor Great Park. The purchase money agreed on was 7,000l. and the King was to pay 300l. a year rent till the purchase money should be settled and a final conveyance made, which could not be till the Duke came of age. The said rent has been paid up to 1684, Michaelmas, but the privy seal for payment of such rent out of the Customs was terminated by the death of Charles II and has not been renewed. There are therefore two years' arrears of rent. (2) Although the 7,000l. purchase money represents 26½ years' purchase, he ought to receive said sum on a perfect conveyance because Charles II agreed to it, and the Duke's counsel affirm that it is worth more than 264l. per an. (3) I see no reason for the demand of 1,620l. for over interest (for 13½ years to Sept. 29 last at 120l. per an.) as the agreement was not to pay interest but rent, which rent was 36l. per an. more than the rated value. (4) As to the Duke's claim of 580l. 9s. 4½d. for his payment of a [fee farm] rent of 38l. 13s. 11½d. per an. to the Queen Dowager out of said Duke's lands in Essex and which the Duke claims ought to be repaid and settled on a fund to him; I find that in 1674 the Duke petitioned Charles II representing that by patent of 19 Car. II there was granted to the late Duke a fee farm rent of 38l. 13s. 11½d. per an. issuing out of the Duke's manor of Beaulieu, Newhall and Boreham, in Essex, but the same having been before granted in jointure to the then Queen (now Queen Consort) the said King granted (1669, July 14) petitioner [sic for the late Duke] a like yearly rent out of the Crown revenues of London, Middlesex and Essex till the said jointure should determine, wherefore said petitioner prayed that the Receiver of Crown Revenues for co. Middlesex might be directed to so pay it. This petition was referred to Sir Charles Harbord and by him reported on 1674, July 23, that such grant as aforesaid was made in 1669, but that same could not be paid by reason that because of the sale of fee farms there was not any revenue left to the Receiver of Crown Revenues for said county out of which he could pay it, and that it would be necessary to make some further provision for payment of same and of the arrears thereof from 1671, Sept. 29. It does not appear that any other provision has been so made and there is no reason against the satisfaction of this item. (5) As to the 8,250l. claimed by the Duke for arrears from 1678, June 24, to 1686, Sept. 29, on his pension of 1,000l. a year; I find that the Duke was granted said pension 1672–3, Feb. 24, as a Gentleman of the Bedchamber. At the death of Charles II there was an arrear of 6,000l. owing thereon for six years to 1684, Christmas. Your Majesty did command that the arrears due to the servants of Charles II should be stated with a retrenchment of two-thirds for so much as incurred after 1679, June 24. In pursuance hereof there was stated for the Duke in the book of arrears which was approved of by your Majesty in Council April 16 last the sum of 2,333l. 6s. 8d. as in lieu of his said arrears to Christmas, 1684, and a moiety of that sum is already satisfied or directed off to his Grace and the other moiety is in a speedy course of payment out of the imposition on tobacco and sugar, with the arrears due to the other servants [of the said late King]. The 3,666l. 13s. 4d. remainder of said 6,000l. stands retrenched. As his said patent is for life there is a further 1,750l. due on this pension from 1684, Christmas, to Sept. 29 last. I must leave it to your Majesty to decide whether now to direct this sum and also whether to make good or not the said 3,666l. 13s. 4d. so retrenched. (6) As to the Duke's claim of 400l. for 10 years' Creation money from 1675, Christmas, to 1685, Christmas, it is certified by Mr. Mounteney and Mr. Kent, successive Cashiers of Customs, that same is unpaid for said period. (7) As to the 360l. claimed by him for Creation money for same period as Earl of Torrington, it is certified by the Auditor of the Receipt that same is in arrear for the period 1668, Lady day, to 1686, Lady day, which amounts to 360l. But I am to acquaint your Majesty that in 1679 the payment of Creation money to all the peers (which had been seldom paid in several years before that time) was wholly taken off from the revenue by Charles II, and his Majesty's order therein has been ever since punctually observed.Ibid, pp. 385–8.
Prefixing: said Duke's paper of demands given in to Treasurer Rochester: the items thereof being as embodied above.
Nov. 23.Royal letter to the Governor of Bermudas to assist William Blathwayt in the matter of the accounting and auditing of the rents, revenues and profits of said island etc., all on the lines of the like letter to the Governor of New England, supra p. 945, and Calendar of Treasury Books, Vol. VI, pp. 597–8.King's Warrant Book XI, pp. 189–90. Out Letters (Plantations Auditor) I, pp. 205–6.
Royal warrant to the Attorney General for a privy seal to discharge the baronetcy fee of 1,095l. due from Sir Richard Browne for the baronetcy conferred on his grandfather, Sir Richard Browne, late of Deptford, Kent.King's Warrant Book XI, p. 191.
Nov 23.Two royal sign manuals for respectively 944l. 16s. 0d. and 800l. to Henry Guy, for secret service, without account: to be issued on the 20,000l. dormant privy seal of Aug. 11 last. (Two money warrants dated Nov. 24 hereon. Two money orders dated Nov. 25 hereon.)King's Warrant Book XI, p. 191. Money Book VI, p. 438. Order Book I, p. 161.
Henry Guy to the Auditor of the Receipt, to issue as follows out of the branches of the revenue directed to be this week paid into the Exchequer and out of the other funds named, viz.:Disposition Book V, pp. 61–2.
l.s.d.
Out of the Customs.
to the Treasurer of the Ordnance1,00000
to the Earl of Ranelagh for the Forces2,50000
to the Treasurer of the Navy on account for the year's service beginning at Lady day last2,00000
Out of the imposition on wine and vinegar.
to ditto on account of same year's service: this sum and the above 2,000l. being to be applied towards repayment of what has been advanced for that service out of the imposition on tobacco and sugar3,00000
to ditto for Mr. Foley on two warrants signed by the Navy Commissioners for interest due to him71162
to ditto for discharging 66 shipwrights and 20 caulkers at Chatham368156
Out of the Excise.
to the Earl of Ranelagh for the Forces6,50000
to the Queen1,00000
Out of Hearthmoney.
to the Treasurer of the Chamber in further part of last Michaelmas quarter1,00000
to Viscount Preston for the Wardrobe1,00000
to the Master of the Robes1,25000
Out of the Post Office.
to Mr. Burton for charge of law suits1,00000
to Mr. Grahme for the Privy Purse50000
Out of the loans on the Linen Duty Act.
to the Earl of Ranelagh for the Forces3,00000
(Same dated same to the Customs Cashier enclosing the paper of the disposition of the Customs cash for the present week; said paper including the above 3 Customs items [payable out of the Exchequer] together with the following items [payable direct out of the Customs office on tallies], viz., 1,607l. 12s. 11d. in full of last Sept. 29 quarter's salary bill of the Customs [London port]; 2,000l. to Mr. Toll in [part] repayment of loan.) (Same dated same to the Commissioners of Excise and Hearthmoney enclosing the like paper of disposition for the cash of those branches of the revenue; said paper including for the Hearthmoney the abovesaid three Hearthmoney items only; and for the Excise the above two Excise items [payable out of the Exchequer], together with the following items [payable direct out of the Excise Office on tallies], viz., 1,000l. to the Prince and Princess of Denmark; 3,155l. towards the last June 24 quarter's salary bill of the Excise.)
Nov. 23.Henry Guy to Lord Dartmouth for a certificate of the names of the King's two chief coachmen in order to the granting them a licence to import coach horses, mares and geldings.Out Letters (General) X, p. 29.
Same to Mr. Hewer. Treasurer Rochester has considered your report on the petition of Elizabeth Gay, wife of Capt. James Gay, late of Tangier, praying an allowance of smart money in consideration of the wounds her husband received in fight against the Moors. You are to report what a man of his rank has usually had for smart money.Ibid.
Same to Mr. Bridgeman to put into the Lord Treasurer's hands to-morrow at his first coming to the Council the paper concerning the hearing of the cause between the King and James Kemp, of Penryn, merchant.Ibid, p. 30.
Same to the Customs Commissioners for an account how many gallons of brandy have been condemned in the Exchequer between 1685, June 24, and 1686, June 24, and how much money has been paid in on that account.Ibid.
Same to the Commissioners of Excise and Hearthmoney. You report that the inhabitants of several houses near Whitehall refuse to pay Hearthmoney unless ordered so to do by the Lord Treasurer. You are to draft such an order for my Lord's signature.Ibid.
Same to Visct. Grandison. The Excise Commissioners represent that you are bound to the King for 690l., part of the debt and charges due from Henry Banson, one of the Collectors of Excise, and that this money was payable in July last and is not yet paid. Take care it be forthwith paid or the bond will be put in suit. (The like letter exactly to Henry Howard concerning his like surety bond for said sum.)Ibid, pp. 30, 31.
Same to my Lord [? Bishop of —], executor of Dr. John Pritchett, late Bishop of Gloucester, to forthwith pay into the Exchequer the 154l. 10s. 5¼d. due from said Pritchett for arrears of Clergy Tenths in that diocese; otherwise process will issue against you.Ibid, p. 1b.
Reference by Treasurer Rochester to William Hewer of the petition of Mary Davenport, shewing that 10l. 19s. 10d. was due to her husband from several soldiers who served in Tangier: her said husband having been half a year in prison to the distress and impoverishment of his family; therefore prays payment of at least 5l. to relieve her husband out of prison.Reference Book III, p. 413.
Warrant by same to the Attorney General to enter a noli prosequi upon the conviction of Sir Ralph Ratcliff of Hitchin, co. Herts, kt., Robert Nicholls and Edward Rumball of the same, yeomen, against whom Sir Samuel Astry, kt., the King's Coroner and Attorney in the Court of King's Bench, exhibited an information in Easter term last for a riot and assault by them committed upon William Thody, one of the collectors of Hearthmoney in said county when on duty, and for the false imprisonment of said Thody; upon which information a verdict passed against them, but no judgment is yet given.Warrants not Relating to Money XI, p. 385.
Nov. 23.Warrant to the Treasurer's Remembrancer, the Clerk of the Pipe et al. to forbear process (until further order from the Lord Treasurer) against the following upon forfeited recognizances estreated against them into the Exchequer for not appearing unto or not traversing or not trying indictments or informations brought against them upon the statutes for Recusancy or by reason of their being Recusants or excommunicated.Warrants not Relating to Money XI, pp. 389–92.
Appending: schedule of said persons.
Recognizances estreated, Hilary, 1 James II.
Samuel Chafin of St. Martin's in the Fields, victualler, and William Spicer of the same, bricklayer, in 40l. each, as bail for Christopher Port and Abigall his wife, Mathew Bertlet and Dorothea his wife, Richard Fry, Michael Crooker, William Scott, John Lambert, Edward Rutter, Johanna Thacker, George Brockes, Thomas Burrowe, Morgan Tunney, Mathew Hanoock and his wife: (co. Midd., Easter, 24 Car. II: for offence against the Act of Uniformity).
William Thorold of Little Ponton, co. Lincoln, labourer, and John Blackmore of the same, yeoman; in 100l. each as bail for Mary Stone of Ufton, co. Berks, spinster (Mich., 34 Car. II: for refusing the Oath of Supremacy).
William Thorold, junr., of the same, and the said John Blackmore in 100l. each as bail for Mary Thorold of Ufton aforesaid, spinster: for the like refusal (Mich. 34 Car. II).
Francis Perkins of Holborn, co. Midd., chirurgeon, and Nicholas Crouch of the parish of St. Dunstan's, London, gent., in 100l. each as bail for Eliz. Blackman of Ufton aforesaid, spinster, for the like offence (Mich. 34 Car. II).
The said Thorold, junr., and Blackmore in 100l. each as bail for Mary Osborne of Ufton aforesaid, spinster, for the like offence (Mich. 34 Car. II).
The said Perkins and Crouch in 100l. each as bail for James Hide of Ufton aforesaid for the like offence (Mich. 34 Car. II).
Francis Perkins and John Eyston of Reading, gent., in 100l. each as bail for George Eyston of East Hendred, Berks, gent., for the like offence (Mich. 34 Car. II).
John Daucastle of Welhouse, co. Berks, gent., for the like [offence] (Mich. 34 Car. II): his bail being John Hall of St. Martin's in the Fields, scrivener; and Thomas Pennington of the same, victualler: in 50l. each and Daucastle himself in 100l.
The said Perkins and Eyston in 100l. each as bail for Richard Perkins of Beenham, co. Berks, for the like offence (Mich. 34 Car. II).
The said Perkins and Crouch in 100l. each as bail for Frances, wife of James Hide, for the like offence (Mich. 34 Car. II).
Robert Whitfeild of St. Martin's in the Fields, gent.: for his Recusancy: in 40l. (Easter, 35 Car. II) and his bail John Holland of the same, cardmaker, and Robert Edwards of the same, cardmaker, in 20l. each.
Charles Cottington of St. Martin's in the Fields, outlawed for not prosecuting the writ of error for Recusancy (Mich., 34 Car. II): in 40l.: and his bail, John Jordan of St. Clement's [London], haberdasher, and John Lewis, labourer [of the same] in 20l. each.
Recognizances estreated Hilary, 1 and 2 James II.
Robert Whitfeild, gent., for not prosecuting ut supra (Mich., 35 Car. II): in 40l.: and his bail, James Deane of the same, bookseller, and John Parr of St. Giles in the Fields, in 20l. each.
William Trevithan of the same, yeoman: for the like offence (Hilary, 36 Car. II): in 40l.
Sir William Goring, bart.: for the like offence (Easter, 36 Car. II): in 40l.: and his bail, John Morgan and Rich. Rogers of London, yeoman, in 20l. each.
Roland Peirce of St. Martin's in the Fields, co. Midd.: for the like offence (Easter, 36 Car. II): in 40l.: and his bail John Beale and Richard Bryers in 20l. each.
Richard Bryers, cordwinder, of the same: for the like offence (Easter, 36 Car. II): in 40l.: and his bail, the said Beale and Pearce in 20l. each.
The said John Beale: for the like offence (Easter, 36 Car. II) in 40l.: and his bail, the said Bryers and Peirce in 20l. each.
Robert Sadlier of the parish of St. Giles in the Fields, co. Midd., clothier, for not trying the indictment of Recusancy (Trinity, 36 Car. II): in 40l.: and his bail, John Sharpless and John Ashwell in 20l. each.
John ap Pritchard of London, gent., each in 20l. as bail for Sir Richard Fleetwood of Ellaston, co. Staff., bart.: for the like offence (Trinity, 36 Car. II).
Sir William Tankard, bart., for the like offence: in 40l. (Trinity, 36 Car. II): and his bail, William Sparry and John Lewis in 20l. each.
Thomas Champion of St. Giles in the Fields, shoemaker: in 40l.: (Trinity, 36 Car. II) for the like offence: and his bail, John Wilmott, of the same, shoemaker, and John Hobb of the same, victualler: in 20l. each.
Mathew Jewist of St. Clements, labourer, and William Turner of the same, yeoman, in 40l. each (Trinity, 36 Car. II) as bail for Robert Bryers of Walton cum Fazakerley, co. Lancs., on his outlawry for not prosecuting the writ of error on indictment for Recusancy.
The said Jewist and Turner in 40l. each (Trinity, 36 Car. II) as same for William Fazakerley of Liverpool, co. Lancs., yeoman, for the like offence.
The said Jewist and Turner in 40l. each (Trinity, 36 Car. II) as same for William Wilding of Halewood, co. Lancs., husbandman: for the like offence.
The said Jewist and Turner in 40l. each (Trinity, 36 Car. II) as same for Thomas Crosse of Hale, co. Lancs., husbandman: for the like offence.
The said Jewist and Turner in 40l. each (Trinity, 36 Car. II) as same for Robert Egerton of Windle, co. Lancs., gent.: for the like offence.
The said Jewist and Turner in 40l. each (Trinity, 36 Car. II), as same for Henry Foster of Sutton, co. Lancs., shoemaker: for the like offence.
The said Jewist and Turner in 40l. each (Trinity, 36 Car. II), as same for William Mosse of Skelmersdale in co. Lancs., gent., for the like offence.
The said Jewist and Turner in 40l. each (Trinity, 36 Car. II), as same for Richard Thorley of Thor[n]ley, co. Lancs., esq.: for the like offence.
The said Jewist and Turner in 40l. each (Trinity, 36 Car. II), as same for Oliver Dibby of — in said county: for the like offence.
Thomas Champion of the parish of St. Giles in the Fields, co. Midd., cordwainer, 40l. (Michaelmas, 36 Car. II) for the like offence: and his bail, Francis Cottrington of the same, tobacconist, and John Wilkinson of the same, cooper, 20l. each.
John Wright of the same, cook, in 40l. (Mich., 36 Car. II): for the like offence: and his bail, John Davies of Covent Garden, yeoman, and William Simpson of St. Martin's in the Fields, victualler, in 20l. each.
Recognizances estreated in Trinity, 2 James II.
Thomas Tubman of St. Andrew, Holborn, gent., and William Sparrey, gent., each in 40l. (Michaelmas, 36 Car. II), as bail for William Watts of Crastock, co. Dorset, yeoman: for the like offence.
All the above estreats being certified 1686, Oct. 4, by Simon Harcourt.
Followed by: a note of several deliveries of bail on indictments of Recusancy ut supra.
Viz.: John Morgan of Caerleon, co. Monmouth, gent. (Hilary, 31 and 32 Car. II): (his bail, Richard Croftes late of Cwmyoy, co. Monmouth, and George Watkins late of Llanarth, co. Monmouth): Turvill Morgan late of Llanfair, co. Monmouth (Hilary, 31 and 32 Car. II): (his bail, John Morgan of Caerleon, co. Monmouth, and Richard Crofts late of Cwmyoy, co. Monmouth): James Morgan of Llanfihangel Lantarnam, co. Monmouth, gent. (Hilary, 31 and 32 Car. II): (his bail, Richard Weston of Ashborne, co. Derby, gent., and Thomas Morgan, near Caerlon in co. Monmouth). George Watkins of Llandash [Llanarth], co. Monmouth (Hilary,. 31 and 32 Car. II): (his bail, John Browne of Ragland, co. Monmouth, and Richard Crofts late of Cwmyoy, co. Monmouth): John Browne of Ragland, co. Monmouth (Hilary, 31 and 32 Car. II): (his bail, Richard Crofts of Cwmyoy, co. Monmouth, and George Watkins of Llanarsh [Llanarth], co. Monmouth): Richard Crofte late of Cwmyoy, co. Monmouth (Hilary, 31 and 32 Car. II): (his bail, John Browne of Ragland, co. Monmouth, gent., and George Watkins of Llanarth, co. Monmouth, gent.).
Nov. 24.Dormant privy seal for 20,000l. to be issued in such proportions, to such persons and for such uses and services as the King shall direct by warrant under his royal sign manual. (Royal warrant dated Nov. 16 for said privy seal.)King's Warrant Book XI, p. 186.
Nov. 24.Money warrant for 1,000l. to Philip Burton; as imprest for Crown Law charges. (Money order dated Nov. 25 hereon.)Money Book VI, p. 438. Order Book I, p. 161.
Henry Guy to the Board of Greencloth. In yours of the 27th ult. you say you wrote Lord Dartmouth for an account what houses in the Mews ought to pay Hearthmoney. You are to renew that letter and to desire a speedy return thereto: and send to Treasurer Rochester the answer thereto.Out Letters (General) X, p. 30.
Same to Mr. Hewer enclosing the account [missing] of Capt. Coy's Troop of Horse in Tangier from 1682, Oct. 1, to 1684, May 1.Ibid, p. 31.
Same to the Customs Commissioners to deliver to bearer, Mr. Patrick Barkley, on payment of Customs, a box containing a hose and a pair of embroidered holster caps belonging to Lieut. Peter Wedderborne and now in the Custom House.Ibid.
Same to the Attorney General enclosing (a) infra. You are to take care that Sir Samll. Bernardiston ("according to your own advice mentioned in that paper") be brought from the King's Bench by habeas corpus and committed to the Fleet to remain a prisoner there under the power of the Exchequer Court, that so there may be a decree for recovery of his fine.Ibid.
Appending: (a) an anonymous paper. We have discovered of Sir Saml. Bernardiston's estate 10,700l.: to great part thereof his Trustees do pretend a trust on purpose as we conceive to defeat your Majesty of his fine; which we are now bringing to a hearing. But Sir Samuel refusing to appear or make answer to your Majesty's bill, the Attorney General advises that he be brought to the Fleet ut supra, where he will remain a prisoner under the power of the Exchequer Court, and there we can proceed to a decree by making the bill be taken pro confesso against him and recover your Majesty's fine.
Same to Sir Samuel Dashwood, and the others interested with him in the late Farm of the Excise, to attend Treasurer Rochester to-morrow.Ibid, p. 32.
Same to Joseph Hornby and Nathaniel Hornby to deliver to the officers of the Mint the pig of silver which you received of Capt. William Phipps. It is to be there coined for his Majesty's use. (Same to the Warden and officers of the Mint to so receive and coin same.)Ibid.
Reference by Treasurer Rochester to Richard Graham and Philip Burton of the petition of Thomas Swaddon, gent., shewing that in Easter term, 36 Car. II, he was condemned to the pillory and to 1,000l. fine for making a false certificate concerning four houses that were under the value [limit] liable to pay Hearthmoney; that he suffered the corporal punishment and has lain in prison ever since and utterly unable to pay the fine; that petitioner's father was rector of a parish church worth 200l. per an. and had a temporal estate of 40l. per an., and lost all for his loyalty to Charles I: therefore petitioner prays to be discharged.Reference Book III, p. 413.
Nov. 24.Reference by Treasurer Rochester to Richard Graham and Philip Burton of the petition of Thomas Minshull to the King, shewing that he is one of the co-heirs of Sir Edward Fitton, who devised several of his lands to the Earl of Macclesfield, but the same being held in capite petitioner is thereby entitled to a seventh part of a third part of the estate: therefore prays a grant of a seventh part of the said estate forfeited to the King by the said Earl's outlawry.Reference Book III, p. 416.
Warrant by same to the King's Remembrancer to forbear or supersede process till next term against Sir Nathll. Johnson and partners [on their accounts as] late contractors and managers of the Hearthmoney revenue.Warrants not Relating to Money XI, p. 393.
Report by same to the King on the petition of Capt. Richard Young and Samuel Hanson complaining of three judgments given irregularly against said Young and his two sureties, "each of 2,000l. upon one single bond of that penalty"; and of a judgment of 5,000l. illegally obtained against Hanson on a bond of that penalty; and of the execution of a judgment of 150l. formerly given against said Hanson in Barbados.Ibid, pp. 405–12.
I find that Hanson in 1682 applied to Charles II to be relieved of a fine of 150l. imposed on him by Sir Richard Dutton, Governor in Chief of Barbados; on which application the Committee of Trade and Foreign Plantations reported 1683, Nov. 3, that said fine had been irregularly set; but because the matter of which Hanson was accused was for deceitfully and fraudulently taking away several guns belonging to the King and others from off a public wharf at Barbados, which according to the verdict of the Grand Jury and Petty Jury there seemed to be very criminal, the said Committee thought the whole matter should be afresh examined by themselves, and they therefore allowed five months for transmitting records, proofs etc., and the like time was allowed to said Dutton to bring proofs etc. in defence against Hanson's other appeals made at the same time, the one being a complaint of hardship by imprisonment etc., and the other for the confirmation of a ship belonging to him in Barbados. This report of the said Committee was approved by the King, 1683, Nov. 7. It appears from an entry in the [Privy] Council Book that on the following day Hanson gave notice to Dutton that he intended to bring two actions against him at Common Law for 3,500l., the one for five weeks' imprisonment, the other for his ship. Thereupon Dutton petitioned the King for his Majesty's direction as to his appearance to the said actions. It appears from the Council Book that a copy of this petition was delivered to Hanson, who gave in his answer thereto with several articles of complaint against Dutton in the name of the inhabitants of Barbados. This answer was as follows, viz.: that he, Hanson, was informed that the Council could not award damages; and finding an amicable composure refused, and that before the Council Dutton had prevailed for a five months' delay for preparation of defence, Hanson did petition for a hearing before Dutton's return to Barbados. To this petition Dutton has not yet answered. Therefore having no notice of the King's pleasure that he should not proceed to law, Hanson gave notice of his action as above. Thereupon an order of Council was made 16 Nov., 1683, leaving Hanson free to elect whether to proceed against Dutton before the Council or at Common Law. Hanson elected to proceed at Common Law. Thereupon, 1683, Nov. 28, Hanson's two appeals before the Council were dismissed that Board and also the setting of a new fine upon Hanson for fraudulently buying and selling the guns was remitted to Barbados to be determined at a Court of Grand Sessions; and the bonds given by the master of the ship who brought over said Hanson on his escape out of prison (where he was at the suit of the late King) were ordered to be put in suit forthwith by the Attorney General by virtue of a law in that island forbidding masters of ships to carry off any persons thence without a ticket.
Also the said Committee of Trade and Plantations had afterwards laid before them the proceeding in Barbados in the case of said Young, and on 14 Jan., 1684–5, referred same to Sir Robt. Sawyer, Attorney General, as to how far the late King was entitled to recover the penalty of said Young's bond. The Attorney General reported, 1684–5, Jan. 15, that the King or Government ("which as to this matter are said to be all one") would be solely entitled to the penalties in all cases wherein the subjects there do not suffer particular damage and that in such [? and such] cases only are those bonds by the Act there to be applied in aid for the subjects towards damages, with remainder of the surplus thereof to the King; further that the bonds are taken in the Governor's name as a public person, and so are in trust for the King and Government and need not be assigned to entitle the suit in the Attorney [General's] name, and that the said Attorney General's suit is well brought upon any such public bonds. On 17 Jan., 1684–5, therefore, the said Committee reported, proposing that execution might issue upon the judgment obtained on said bond; and that as a further trial was ordered for Hanson's offence, inasmuch as he had given counter-security to the shipmaster to save him harmless, they saw no reason for any remission to him or the other persons concerned in said bonds. This report was approved in Council on the same day.
Upon the hearing before me of this matter by Counsel, it appeared to me [Treasurer Rochester] that Young gave bond with two sureties (pursuant to an Act of Assembly of Barbados) in 2,000l. not to carry off any persons without the Governor's licence, and that he did carry off said Hanson, when a prisoner there at the King's suit, without such licence; further that Hanson gave Young a counterbond in 5,000l. to save him harmless, and said Young assigned to Charles II the said 5,000l. bond. Further, towards the said fine of 200l., there was 150l. paid to Dutton and charged in said Dutton's accounts, and upon the said bonds there has been 1,200l. recovered and paid into the Exchequer, besides 700l. more which Mr. Blathwaite informs me is levied and in the sheriff's hands. At the said hearing before me it was insisted that the fine for taking the 12 guns was irregularly set, that Hanson knew nothing but that he might buy the said guns from the person who sold them, and that when he heard otherwise he brought the guns and laid them where they were before. But inasmuch as Hanson was by a verdict in said island found guilty of fraud and deceit, and as the Committee of Trade and Plantations were sensible thereof and directed the imposing the fine in a regular manner (wherein some error in matter of form had been before committed), and as the Attorney General is of opinion that the said fine of 200l. was at last duly imposed, I think Hanson ought to pay the remainder of said fine and thereby to be discharged of all further trouble as to said crime.
It was also alleged by petitioner's counsel that Hanson was imprisoned in Barbados for opening a letter of Sir Richard Dutton's and that he could make himself appear innocent thereof; that when he was in prison he was threatened with corporal punishment; that he could not get leave to come away and so came away without it to appeal to the King; that the law against unlicensed transport of persons was designed against the carrying away of the planters' servants or slaves, and that the bonds given in pursuance of that law were to be assigned to the persons who should suffer damage by such carrying away of servants or slaves; that the said bond of 2,000l. being made to the Governor was nevertheless sued in the name of the Attorney General of Barbados in the Exchequer Court there, for the use of Charles II, "which [Court] they allege was revived for that purpose," and that if it had been sued in the Common Pleas there that Court hath a power of equity and would have taken no more than the real damage; and that for one sum of 2,000l. there are three judgments with executions for 2,000l. each against Young and his two sureties, and that Hanson is underwrit by the Attorney General of Barbados for 5,000l. more on the abovesaid counterbond.
In answer to the aforegoing the Attorney General of England urged that private persons or masters of ships were not to make themselves judges whether offenders were legally imprisoned by the Government; that Young contravened the above law and that there was plainly a combination between Hanson and him; that this was a damage to the King and an ill precedent; that the bond was well taken in the name of the Governor, he being there a public person in the King's behalf and that therefore it might well be sued in the name of the Attorney General of said island for the use of Charles II, and that it was very properly prosecuted in the Exchequer of said island, alleging that Court to have been as ancient as the Government there and that it may at any time be used; and that although there are several prosecutions yet if the King is satisfied one sum of 2,000l., the rest will be discharged.
On the whole matter I think Mr. Hanson's behaviour has not been so dutiful or fair as to incline your Majesty to forgive Mr. Young or his sureties. But I think it equitable that when said 2,000l. is satisfied (whereof 1,200l. is already paid into the Exchequer and 700l. more levied), that Young and his sureties be discharged all further trouble and also that Hanson be discharged from said 5,000l. counter bond and all prosecution thereon, and that he have liberty to come from Barbados if he be detained for no other cause than the said 5,000l. bond. It is also alleged for Hanson that a white servant who was his bailiff was taken by the sheriff and sold for 6l. I think the Governor of said island ought to be commanded to inquire into this and if true, to see said white servant restored to Hanson, on payment of said 6l.
Appending: order of reference dated Whitehall, 1685, Oct. 21, from the King to Treasurer Rochester of the petition herein from said Capt. Richard Young and Samuel Hanson, merchant, praying for a hearing of the abovesaid matter, "now that Sir Richard Dutton is in town," and that meanwhile the disposal of the 2,000l. levied as above may be respited.
Nov. 25.Henry Guy to Sir Rich. Haddock et al. Navy Commissioners, to pay Mr. Foley 71l. 16s. 2d. for interest due to him on two Navy bills.Disposition Book V, p. 63.
Same to the Auditor of the Receipt, to issue 389l. to Mr. Agar out of moneys of goods seized [in the Exchequer].Ibid, p. 62.
Same to the Customs Commissioners to deliver to Mr. Joseph Price, Customs free, 40 bales and boxes of books, and one barrel of pears ("paires") arrived from Rouen in the Merchant Adventure, Thomas Redford master: being for his use.Out Letters (General) X, p. 32.
Same to same to send, unopened and Customs free, to the Queen's backstairs for her Majesty's use a parcel come up from Dover and directed to the Queen.Ibid, p. 33.
Same to the Auditors of Imprests enclosing the Earl of Ranelagh's report [missing] made the 18th inst. to Treasurer Rochester on an account for building the Guard house at Windsor. The Lord Treasurer has desired said Earl to pay the whole 754l. 14s. 10d., so that Mr. Fox [late Paymaster of the Forces] may be reimbursed the 350l. which he advanced to several of the workmen therein concerned. You are therefore to take care that said 350l. be not brought to account by Mr. Fox.Ibid.
Same to said Earl of Ranelagh concerning said account. After the aforesaid 350l. there remains due to the workmen 404l. 14s. 10d. You are to pay the whole sum as above so that Fox may be repaid as above, and both of you avoid confusion in your accounts.Ibid.
Same to Mr. Rider. In answer to yours of the 22nd inst. to Treasurer Rochester, I am to tell you that his order for your paying 100l. out of 150l. for the charge of rebuilding the "Falcon" alehouse was pursuant to the advise of the Surveyor [General of Works]. My Lord cannot recede from it.Ibid.
Same to Sir Nicholas Slanning [Vice-Warden of the Stannaries]. The King will on Friday, Dec. 10 next, hear at the Council Board the business between Mr. Vincent and Mr. Kemp about a seizure of uncoined tin. You are to furnish Vincent with such books and manuscripts relating to the laws and customs of the Stannaries as he shall desire and copies of all the papers in the case taken before the Lord Warden or yourself in that cause.Ibid.
Same to Mr. Shadrack Vincent [collector of Fowey] apprising him of the above. You are to [come up to] attend at said hearing with your witnesses. Your place as collector will be supplied during your absence. It may be found for the King's service to put off the said hearing for 8 or 10 days longer: but this you are to keep to yourself.Ibid, pp. 34–5.
Nov. 25.Henry Guy to the Customs Commissioners to appoint some one to officiate in aforesaid Vincent's place during his absence.Out Letters (General) X, pp. 34–5.
Reference by Treasurer Rochester to same of the petition of Menaseh Mendez, Andre Lopez, Abra de Mercado, Jacob Franco Nunez and Jacob Bueno Henriques, junr., praying a grant of letters patent of denization in usual form [that is with the insertion of the grace clause granting them the privilege of] paying Custom as his Majesty's free born subjects and not as aliens "as was formerly granted to several others, but of late stopped upon pretence of being prejudicial to his Majesty's revenue of the Customs: whereas it is apparent that the whole of the aliens' duties come to a very inconsiderable sum yearly [because of] foreigners by reason of the said duty trading in freemen's names, who nevertheless dare not trade for so great sums by far as they would do were they made equal with the King's subjects, which must [would] unavoidably redound to the advancement of his Majesty's Customs."Reference Book III, p. 413.
Same by same to Bartholomew Fillingham, Thomas Hall, and William Lowndes of the petition of Edward Copley, shewing that his father in [16]63 became surety for one Greathead, a collector of Hearthmoney, who became in arrear 1,300l. for moneys collected: that Greathead is since dead, so that the charge lies upon petitioner: that petitioner petitioned the [late] King for these arrears, which was granted, but could not proceed therein, finding that same had been granted to Sir Philip Lloyd: that Lloyd struck tallies for only 500l. of said 1,300l., so that 800l. thereof is still in the King's dispose, the said [Lloyd's] privy seal being determined by the late King's death: therefore prays a grant thereof, as the King can never receive any benefit thereof, petitioner's estate being settled and said estate is only 100l. a year and maintains eight children.Ibid, p. 415.
Report by same to the King on the petition of Thomas Fairfax, shewing that Charles II granted to Col. Charles Fairfax, his heirs etc. for ever (for the remarkable services performed in the Restoration) a rent charge of 100l. per an. payable out of the Customs of Hull, "which [rent] have [has] not been paid for divers years past": that this grant is a great part of what said Col. left to provide for his family: therefore praying the King's direction herein [for payment thereof].Warrants not Relating to Money XI, pp. 393–4.
Hereon the Lord Treasurer reports that it appears by several letters from the late Duke of Albemarle, dated in 1659, that said Col. was under his command and very much trusted by him; and his services in the Restoration are certified by Lord Fairfax and other persons of quality. The said annuity was granted by patent of 1660, July 23, at the request of the late Duke of Albemarle. It is certified by Jno. Kent, assistant to the Receiver General and Cashier of the Customs, that the last payment thereon to Thomas Fairfax the petitioner was to 1674, June 24. If your Majesty be pleased to pay said annuity, petitioner must pass a privy seal to authorise the doing thereof, "for that the Customs out of which the said annuity by the said letters patent is payable are by the death of your late most dear brother determined. And for the arrears I humbly take leave to put your Majesty in mind that in cases of the like nature where you have been pleased to continue the annuity your Majesty has not paid the arrears."
Nov. 25.Allowance by Treasurer Rochester of the sum of 150l. to William Justice in his account as Receiver for Charles II of Recusants' Forfeitures in Yorks, North and East Ridings, York City, and Kingston-upon-Hull: same to be for his charges expended in the country and for his journeys and attendance in town about the said business. He is, however, first to pay into the Exchequer 142l. 19s. 5d. as below.Warrants not Relating to Money XI, pp. 395–7.
Prefixing: (a) Abstract of said Receiver's accounts, "in which all former accounts made by the said Receiver are included."
Receipts.l.s.d.
received of Mr. Scott, undersheriff to Sir Thomas Daniell in full of moneys levied by said sheriff on Popish Recusants in the said Riding, anno 16803422
received of Mr. Jackson, undersheriff to Sir Richd. Graham in full ut supra, anno 168135060
received of Mr. Shau, undersheriff to William Lowther, esq., levied ut supra, anno 1682385108
received of Mr. Scott, undersheriff to Ambrose Pudsey, esq., levied ut supra, anno 168334218
received of Mr. Thompson, undersheriff to Thomas Thornedyke and Geo. Bratebridge [Bracebridge], sheriffs of the city of York, levied ut supra, anno 16812618
received of Mr. Thomas, undersheriff to William Carleton and Roger Shackleton, sheriffs of the city of York, levied ut supra, anno 168210146
received of Mr. Thompson, undersheriff to William Heather and William Pickering, sheriffs of York city, levied ut supra, anno 1683579
1,46415
Expenditure and payments.
paid to bailiffs and messengers for horse hire etc. in sending to churchwardens and constables to get them to present their Recusants at their Quarter Sessions8100
my own and deputy's charges in attending the North and East Riding's Sessions for four years.32100
paid for charges for myself and deputies [deputy's] in riding to Justices of the Peace to get their orders for the Clerks of the Peace to bring in the names of the persons convicted and to convict the rest3134
paid for messengers for going for duplicates of assessments0134
paid to Mr. Scott['s] the undersheriff's clerk for a copy of his master's account and drawing a list of those persons that had pleaded off their estates0100
paid to the Clerk of Assize's man for a copy of the names of Recusants convict in York0100
charges in riding over the country to find out the estates of Recusants and returning estates to the value of 3,104l. per an., and to witnesses that proved the same5600
paid into the Exchequer, Trinity term, 168115000
charges thereabout (viz., for returning it to London, for the bill, tally and coach hire)216
paid into ditto, 9 Dec., 168120000
charges thereabout300
paid into ditto, Dec., 168220000
charges thereabout2140
paid into ditto, Feb., 1683–410000
charges thereabout190
extraordinary charges for 15 terms coming up to London to attend the Treasury Lords hereon at 10l. a term15000
paid Mr. Scott, Sir Thomas Daniell's undersheriff, for his poundage fee of 343l. 2s. 4½d. at 12d. per £1730
paid Mr. Jackson, undersheriff to Sir Rich. Grahame, for ditto on 350l.17100
paid Mr. Shau, undersheriff to William Lowther, for ditto on 385l. 10s. 8d.1950
paid Mr. Scott, undersheriff to Ambrose Pudsey, for ditto on 342l. 18s. 5½d.1720
paid Mr. Thompson, undersheriff to Tho. Thorndike and Geo. Bracebridge, sheriffs of York city, for ditto on 26l. 1s. 8d.160
paid Mr. Thompson, undersheriff to William Carleton and Roger Shackleton, sheriffs of York city, for ditto on 10l. 14s. 6d.0100
paid Mr. Thomson, undersheriff to William Heather and William Pickering, sheriffs of York city, for ditto on 5l. 7s. 9d.050
charges of a second Commission900
paid for the present Receiver's poundage at 1s. 6d. per £ on 1,464l. 1s. 5d.110120
for the present Receiver's salary for four years at 80l. per an., "as the Treasury Lords were pleased to say I should have in Michaelmas term, 33 Car. II"32000
for my deputy's salary at 10l. per an.4000
(b) Report dated 1685, July 23, to Treasurer Rochester from Richard Graham [and Philip Burton] on the abovesaid account. The extraordinary charges craved for the Receiver and deputies come to 292l. 6s. 8d. above the salary and poundage allowed him by his Commission. We propose hereof to allow only 150l., thus leaving 142l. 19s. 5d. to be paid into the Exchequer.