Minute Book
July 1697

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Institute of Historical Research

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William A. Shaw (editor)

Year published

1933

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54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67

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'Minute Book: July 1697', Calendar of Treasury Books, Volume 12: 1697 (1933), pp. 54-67. URL: http://www.british-history.ac.uk/report.aspx?compid=82785 Date accessed: 20 September 2014.


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Contents

July 1697

July 1,
forenoon.
Present:—all my Lords.
[Write] to the Admiralty Lords that my Lords desire to speak with them on Tuesday afternoon about the affair of the Victualling: and to the Victuallers to be here at the same time.
The Tellers' Clerks [attend] with Mr. Wardour and Mr. Lowe. They will give obedience to my Lords' orders about viewing the Tellers' cash.
[Write] to the Navy Board that they apply the money and Exchequer Bills in the [Navy] Treasurer's hands for wages [to wit] to the payment of recalls and to the lists of arrears of wages in course according to the custom of their [the Navy] Office.
The presentment concerning the ship bought by De Graves at Plymouth is to be referred to the Navy Commissioners.
[Write] to Mr. Attorney-General desiring him upon business of more than ordinary consequence to be here this afternoon at 5 without fail. In the margin: respite this letter.
A warrant that no further payments be made by any dormant warrants by tallies on Tenths till further order from my Lords.
Mr. Richardson [attends] with Mr. Annesley about the revenue of Ireland. As to the accusations against Mr. Carlton copies are delivered by Richardson that Mr. Carlton may answer. As to the improvements proposed per Richardson in the said revenue they are referred to Mr. Culliford and Mr. Abbot. Ibid., p. 209.
July 2,
forenoon.
Present:—Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton.
John de Costa and Peter Henriques Junr. [attend and] offer to give bills to the Earl of Ranelagh for subsistence [of the Forces] in Flanders for 100,000l., to wit 30,000l. per this night's post and 70,000l. this day week, payable at double usance at the rate of 10 guilders 8 stivers, having [taking in repayment] Exchequer Bills for the same to wit 20,000l. at present and 20,000l. a week till [the whole be] repaid. See underneath.
Sir Henry Furness and Sir Theodore Jansen [attend and] offer to give bills this night for 40,000l. or 50,000l. at 10 guilders 10 stivers having [taking in return] Exchequer Bills, to wit, a third now, a third next week and a third the week following, and so as [or provided] a warrant be now signed for issuing all those [three thirds of the] Bills to the Earl of Ranelagh that he may deliver them weekly.
De Casseres [attends and] offers to furnish 100,000l. this day and on Tuesday, viz., 30,000l. or 40,000l. this night and the rest on Tuesday at 10 guilders 6 stivers, on [condition of repayment by] Exchequer Bills to be delivered by 20,000l. a week the first 20,000l. on this day week.
John De Costa and Peter Henriques come in again with Sir Stephen Evance and conclude with my Lords that they will remit 50,000l. this evening and 50,000l. this day week for the subsistence in Flanders at the rate of 10 guilders 8 stivers, for which they are to have Exchequer Bills by 20,000l. a week in manner following viz: the first 20,000l. to be received this day, the second 20,000l. this day fortnight and the rest in three succeeding weeks; and this day week they are to have Lottery ticquets for 20,000l. by way of deposit to secure the second payment.
[Order for] 30,000l. to the Cofferer of the Household; 10,000l. to the Treasurer of the Ordnance; 20,000l. to the Navy; 20,000l. to the Earl of Ranelagh for subsistence of the Forces: to be paid out of Lottery ticquets "but the Teller or his chief clerk must first sign them."
Write to Mr. Attorney General to be here on Tuesday morning. Ibid., p. 210.
July 6,
forenoon.
Present:—all the 5 Lords,
[Order for] 70l. to Daniell Price on his order: out of [any] disposeable money [in the Exchequer].
The Trustees for Exchequer Bills [are called in]. The Attorney General approves the draft of the second [contract] for circulating Exchequer Bills, to wit those for 1,200,000l. with an amendment concerning the 10 per cent. allowance to be made in Bills or money. The Trustees [are called in again]: the said contract is read to them and ordered to be laid before the [Privy] Council.
To speak with the [Principal] Officers of the Ordnance about paying the East India Company for the powder bought in Holland out of their [the said Company's] share of the [aforesaid] Bills for 1,200,000l.
Write to the Chamberlain [of the City of London] to be here tomorrow morning.
Dr. Otes to have 20l. more on Michaelmas quarter [of his pension]. Ibid., p. 211.
Eodem die, afternoon.Present:—the same.
The Customs Commissioners attend with the Attorney and Solicitor General about a second 3d. per pound on aliens goods. The King's counsel are of opinion it is not [to be] charged. Ibid.
July 7,
morning.
Present:—all the 5 Lords.
[Order for] 17,066l. 11s. 0½d. in Exchequer Bills to be issued to the Ordnance for sea service.
The [Army] clothiers come in. They desire the same allowance with the salt tallies as is given to others, being 15 per cent. My Lords will consider their case and they are to attend again this day sevennight.
[Write] to Mr. Burton to be here in the afternoon.
[Order for] 2,500l. in Exchequer Bills [to the Navy] in further part of Mr. Taylor's contract.
The Customs Commissioners and Excise Commissioners to be here to-morrow.
Wilfreind Phillips to have the remainder of his 250l. Ibid., p. 212.
Eodem die, afternoon.Present:—the same.
Mr. Montagu who is of counsel for the Earl of Galway and Mr. Upton who is of counsel for Lady Stapleton [are called in]. Mr. Upton produces a decree for 8,443l. 17s. 4d., dated 1689–90, Feb. 4. He says when this decree was obtained Ireland was in other hands else they could have reached his [Trant's] estate and insists upon a promise of my Lord Galway's that he would not enjoy the estate unless she [Lady Stapleton] were satisfied. Miles Stapleton offers to make affidavit to that purpose. They had the decree 3 years before Trant's outlawry and could have had a sequestration if the troubles had not been in Ireland.
Mr. Montagu says the decree could not have affected Trant's estate, for he was in rebellion and the outlawry would have related to the time of the treason committed: and [he] does not admit that if there had been no attainder a decree in Chancery here could have reached lands in Ireland.
Upton says it binds personally and not the lands; but as a debitum justiciae the decree in England shall reach the profits in Ireland as much as an estate in England per a sequestration.
Mr. Montagu says a decree here does not bind in Ireland as it does in England, but it is a matter to begin upon.
Upton says the King certifies the decree into Ireland and then it has the same effect as if here a decree there [a decree] without any new hearing: and upon this offers to put the issue.
Mr. Baker to inform my Lords of the time to which the outlawry of Sir Patrick Trant for treason hath relation.
She [Lady Stapleton] says she had rather have it out of any estate other than Trant's.
Mr. Montagu says they are desirous it should be satisfied some other way and does not object to the justice of her debt.
It is my Lords' opinion that my Lady Stapleton's debt is just; that in equity and justice it ought to be charged on Sir Patrick Trant's estate and they cannot advise the granting of that estate to any other till she be satisfied.
The case of derelict lands between Sir William Goring and Mr. Brunskeld is to be heard this day 3 weeks; each party to have notice and to produce such witnesses as they think fit.
[Write] to my Lord Carlisle and Sir Geo. Fletcher to pay in their arrears of rent.
[Write] to Mr. Burton to be here to-morrow morning.
Long and Lansdowne to be heard this day sevennight afternoon. Treasury Minute Book IX, pp. 212–3.
July 8,Present:—Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton, Mr. Pelham.
The Agents [for Taxes] are called in about taxes; together with Mr. Williamson. My Lords tell him that he is to pay [encash] Exchequer Bills in the country and keep accounts according to the Act: the rest [of the cash of his collection] he is to bring to the Exchequer or return it in specie.
[Write] to Mr. George Hosyer, Receiver for Co. Salop, to attend to-morrow morning.
The Chancellor of the Exchequer comes in.
Mr. Burton and Mr. Knight come in. My Lords tell them they must take Exchequer Bills from the collectors [of Excise and Customs] and other officers who received the same for the King's Duties but not in payment of bills of exchange drawn for [in] new moneys or guineas.
The Admiralty Lords come in. The Chancellor of the Exchequer reads the Victuallers' paper in relation to their course [of victualling payments]. The Victuallers would have a quarter of the money at [their disposal or] liberty. They are to explain in writing how that fourth is to be applied, and afterwards the Navy Commissioners are to give their opinion on it.
The Navy Commissioners are called in. They think 5,000l. in [Exchequer] bills and 3,600l. in money will pay the pensions [payable] out of the Chest at Chatham.
Mr. Dodington is directed to send Sir Geo. Rook 1,000l., viz., half in money, half in [Exchequer] bills.
The Victuallers come in. They say the fourth part desired is for extraordinary occasions that fall out daily. At this time they cannot have pease without money: labourers must be paid in money: pursers for foreign voyages must sometimes have money: and as the case is at present Mr. Papillon thinks more must be imprested. Mr. Mayn thinks it will be impossible ever to buy oxen in Smithfield without ready money; he thinks the same of pork: [but] bicad [biscuit], oatmeal and (at some time of the year) some of the pease may be bought upon their course.
They are ordered to present to my Lords in writing how they intend the fourth part shall be applied.
[Write] to the Governor of the Bank that there being a new subscription intended for circulating the Exchequer Bills of Credit my Lords desire him to recommend it to the members of the Bank to be assisting in the said subscription.
The like to Mr. Boon, the Governor, or to the Deputy Governor of the East India Company to recommend it to that Company. Ibid., p. 214.
Eodem die, afternoon.Present:—all the 5 Lords.
The Customs Commissioners are called in. They desire that the Prizes Commissioners be directed, when they sell any ship, that it be made a condition of the sale that "the Custom for the Duty itself" be paid. My Lords think such a direction needless.
Write to the Lord Mayor and Court of Aldermen [of London] that my Lords are informed that John Gabriel Keyser, one of the brokers appointed by them [the city authorities] hath coloured aliens goods at the Customs House, for which he hath obtained a licence from the Exchequer Court to make a composition; nevertheless my Lords being sensible how much this pernicious practice tends to the damage of the King and the public, have thought fit they [the city] should know it, and do desire that his licence to be a broker be taken away from him. And my Lords direct that the Solicitor [of the Customs] prosecute him to the utmost for the said offence.
My Lords direct the Customs Commissioners to take care to secure the debt of Mr. Pye and to proceed against him as they ought for the King's service.
The Excise Commissioners are called in. My Lords approve the form of the condition signed by the Attorney General for the bond to be given by those that compound for the Duty on malt.
Mr. Attorney and Solicitor General and Mr. Baber to be here next Tuesday afternoon about affairs relating to the Excise. Ibid., p. 215.
July 9,
forenoon.
Present:—all the 5 Lords.
Mr. Baker to call on the Lottery Farmers and tell them he has order to prosecute them in case they do not forthwith pay in their money.
Mr. George Hosyer, Receiver of Salop [is called in]. He does not intend that his bills for new money shall be answered in any species but guineas or new money.
Warrant for 2,000l. for my Lords' salaries due at Midsummer: to be paid out of the money paid back into the Exchequer per Mr. Humes.
Sir Stephen Evance, Alvarez de Costa and Peter Henriques, Junr., [attend] about remittances. They will come again on Tuesday.
Mr. Dodington is forthwith to transmit to my Lords a particular account of the voluntary charge upon the Navy Treasurer for interest money received as well upon orders as on [Exchequer] Bills. Treasury Minute Book IX, p. 216.
July 13,
forenoon.
Present:—Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr. Smith, Mr. Pelham.
Mr. Ferne is directed to receive the new money offered by Mr. Wharton, a Receiver for the Lotteries, at the rate of 8l. 12s. 6d. for 10l.
The [Principal] Officers of the Mint attend with a memorial complaining of Lord Lucas [Governor of the Tower], his officers and soldiers. Lord Lucas comes in and the memorial is read. His lordship promises there shall be no stop to the victuals and drink brought in [to the Tower] for the workmen of the Mint and that there be no more military searches in the Mint in the absence of the chief officers of the same. Lord Lucas is to have a copy of the memorial.
The Earl of Rochester [is] to be paid his whole arrear a[s] Ranger of New Park [Richmond].
[Order for] 3,000l. to be paid to Mr. Peters for his loss in the separated money out of the 5,000l. paid in by Mr. Hume, but he is to deliver the 3,000l. Exchequer Bills to the Victuallers which he has of theirs.
Mr. L[owndes] is to have 400l. for secret service.
[Order for] 50l. to the poor and [for] the yearly allowance to the Minister at Hampton Court: to be paid in money. Ibid., p. 217.
Eodem die,
afternoon.
Present:ut supra.
The Customs Commissioners [attend]. Their papers are read and have the answers [endorsed on them.]
The Excise Commissioners [attend] with Mr. Attorney and Solicitor General. The Attorney and Solicitor say the judgments at the Excise Office are slovenly entered, being printed, and particularly in the case about sweets there is a judgment entered by default and another [judgment] in the same cause upon hearing the parties.
Mr. Noel [Register of the Excise] says the first was mistaken by the Clerk but [he] himself made the second [entry] right and the second only is signed by the Commissioners; and as to the printing them they are so numerous they cannot otherwise be despatched and though they are in single sheets they are carefully bound up every three months.
The memorial of Mr. Baber concerning the method of proceeding before the Excise Commissioners and their [the said Commissioners'] report [thereon] are to be referred to the Attorney and Solicitor General. Mr. Baber says he solicits causes before the Commissioners of Appeals till judgment but does not know it his duty after judgment to prosecute at law for recovery of the costs, there being another solicitor for law business.
The Attorney General thinks he should have advised with the King's Counsel for that and my Lords are of that opinion. Mr. Baber is directed to attend them for that purpose, and when he has their opinion in writing he must attend the Excise Commissioners therewith and take their direction.
The [Excise] Commissioners complain that they are forced to draw the briefs and raise the chief points of law where Baber is concerned.
Mr. Clerk says the place of Mr. Parry's brother is a sinecure and there are great neglects: that in cases prosecuted before them although judges they are fain to do things proper for a solicitor, otherwise many and considerable causes would be lost. Mr. Parry and Sir Jno. Foche complain to the same purpose. Mr. Strong says Mr. Baber is very deficient in his business. They are all of a mind to the same purpose.
My Lords inspect Mr. Noell's Minute Book and do not think there is any ground for the complaint made by Mr. Onslow of inserting the first letters of his name as present on the 2nd April, 1696, it being owned he was there part of the forenoon.
Mr. Lowndes to prepare letters for issuing the Lottery ticquets for land and sea service [of the Office of Ordnance] according. . . . Ibid., pp. 218–9.
July 14,
forenoon,
Present:—Sir Stephen Fox, Mr. Smith, Mr. Pelham.
Mr. Henry Killigrew to have 30l. out of secret service.
[Order for] 5,000l. in Exchequer Bills to the Navy for two weeks' payment upon Mr. Taylor's contract.
My Lords direct [despatch of] the letters to issue the rest of the Malt ticquets for the war. Ibid., p. 220.
Eodem die,
afternoon.
Present:ut supra.
The letter for the 1½ per cent. upon 33,623l. 18s. 0d. forcom[mission] to the Victuallers is read and approved.
The Commissioners of [Stamped] Paper to be here on Tuesday afternoon and Mr. Allembridge's papers to be read then.
Charles Nevel to have 20l. more upon account of his debt [? on his pension] from the King's mother.
The [Regius] professors [of Oxford and Cambridge] to be paid that have signed the Association. Ibid.
July 15,
forenoon.
Present:—Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr. Smith, Mr. Pelham.
Col. Churchill to be paid his 800l. out of the Malt ticquets.
The letter for issuing 570,000l. for the war out of Lottery ticquets is read and approved.
The letter to the Earl of Ranelagh for applying 227,725l. 16s. 5½d. of the said ticquets is read and approved.
Write to Mr. Clayton to make out Exchequer Bills of 100l. each for paying the 10,000l. to Mr. Schuylenberg and 10,000l. to Mr. Medina. Ibid., p. 221.
Eodem die, afternoon.Present:—Sir Stephen Fox, Mr. Smith, Mr. Pelham.
Mr. Methwyn to be paid the money due to him on his ordinary entertainment.
The letter to Mr. Blathwait about Lord Galway and Lady Stapleton is approved.
The Victuallers [attend]. Their memorial of yesterday is read.
[Order for] 10,000l. in Exchequer Bills for them, viz., 6,000l. for the course [of the Victualling] and 4,000l. for imprests. Treasury Minute Book IX, p. 221.
July 16,
forenoon.
Present:ut supra.
Henry Baker to have his 500l. in Lottery ticquets.
[Order for] 3,000l. in Lottery ticquets to be put into Mr. Nicholas's hands for Mrs. Grenville's portion; which he is to reserve for that use without issuing the same but by further direction from my Lords.
My Lords have ordered the 10,000l. to the Privy Purse.
[Write] to Mr. Blathwait that my Lords having according to the King's command made provision for the several officers belonging to the Household, and being thereupon to receive his Majesty's further pleasure concerning the pension[s] whereof his Majesty took a list with him, they do desire (in regard the Lottery ticquets which are to be drawn 10 Aug. must be disposed before that time) that he will signify his pleasure as to the payment of those pensions.
The letter for 106,100l. out of malt ticquets for the Civil List is approved.
[My Lords direct] a letter [of direction for monies] to the Navy Treasurer [to wit for the Auditor of the Receipt] to issue [to him] out of Lottery ticquets 135,798l. 3s. 3¾d. for wear and tear, 15,993l. 12s. 7¼d. for the ordinary and 3,165l. 18s. 6¼d. for Marine Officers.
Mr. Packer to be considered next week when the list is made for the Lottery tickets. Ibid., p. 222.
July 20,
forenoon.
Present:—Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton.
The Eastland Merchants [attend]. Their memorial of this day is read concerning the Lottery ticquets. My Lords will speak with the Navy Board on Thursday morning.
Mr. Pelham comes in.
Mr. Gold recommends Mr. Joseph Pool to be qualified as a broker [to deal in tallies].
Mr. Crump, collector of Tenths for Rochester Diocese [attends]. He says there will be enough [received of the said Tenths] by Xmas to pay both Lady Hamilton's and the Earl of Bath's tallies, without the help of the Tenths growing due next Xmas. My Lords will see the general account of the Pensions on the First Fruits and Tenths and then will give direction in this matter.
The [Principal] Officers of the Mint attend. The report about pistols and louis d'or is read. Mr. Hayes' proposal about taking in plate at Exeter is disapproved.
The 20l. ordered to Robert Atty some time since for discovering coiners is to be paid him.
A letter to Sir Robert Howard to register the last payments of the first subscription [for Exchequer Bills] is read and approved. Ibid., p. 223.
Eodem die, afternoon.Present:—Mr. Chancellor of the Exchequer, Mr. Smith, Mr. Pelham.
The warrants for the Commissioners of the Admiralty and the Earl of Romney are approved and [are ordered] to be sent to the King.
Sir Stephen Fox comes in.
[Write] to the Jewel House to proceed on the warrant for my Lord Chamberlain's plate.
The Messengers [of the Chamber are] to have a sixth of their bills out of Lottery ticquets.
Sir Thomas Littleton comes in.
The Customs Commissioners [attend]. [Their] papers are read.
The Excise Commissioners [attend].
Warrant to stay the process against Mr. Griffin till next term; but if he, in the meantime, do not proceed in his account and procure the vouchers or authentique copies thereof at his own charge my Lords will recall their [present] warrant. Ibid., p. 224.
July 21,
forenoon.
Present:—all my Lords.
[Write] to the Navy Board to be here in the afternoon.
[Order for] 5,000l. in Exchequer Bills to the Navy for 2 weeks upon Mr. Taylor's contract for hemp.
[Write] to Mr. Procter to be here on Friday morning at 10 and that he give notice to the rest of the brokers licensed by my Lords [to deal in tallies] to be here then.
The Victuallers [attend]. Mr. Papillon says they will furnish 5,000l. at Cadiz for the convoy of the East India ships upon their own credit, [or condition of] being allowed 1½ per cent. commission and my Lords will lodge Exchequer Bills in their hands (as soon as they come out) to answer the bills [of exchange] which shall be drawn from Spain to the said value. This is undertaken by Mr. Papillon and Mr. Ayles.
[Order that the] 7,200l. to Sir Joseph Herne upon his bill from Cadiz payable by the Victuallers is to be paid out of the Exchequer Bills part of the 1,200,000l.
The Sick and Wounded Commissioners [are] to have Lottery ticquets out of the proportions for the wages and victualling in proportion to 36,000l. for the year.
Mr. Nicho[las] is to pay 3,000l. out of the Lottery ticquets in his hands to Mris. Mary Compton now Lady Boucher, for her [marriage] portion.
The officers for stamped paper whose salaries are under 50l. a year are to be repaid this year's [Land] tax.
Write to the Receiver of Hackney coaches to pay the money in his hands into the Exchequer: and Capt. Highams to have 100l. [thereout].
Order for 300l. to W[illiam] L[owndes] for secret service. Ibid., p. 225.
Eodem die, afternoon.Present:—all my Lords.
The Navy Commissioners [attend]. The memorial of the Eastland merchants is read. My Lords direct malt ticquets to be applied as by letters of this date to the [Navy] Commissioners and [Navy] Treasurer. Ibid., p. 226.
July 23,
forenoon.
Present:—Mr. Chancellor of the Exchequer, Mr. Smith, Mr. Pelham.
The Agents for Taxes come in. [Write] a peremptory letter to Mr. Morgan Whitley, Receiver of Taxes for Chester and North Wales requiring him without fail to pay the money in his hands (not applied to the payment of Exchequer Bills in such form as the Act of Parliament prescribed) into the Exchequer within 10 days' time from the date [of the letter] and that he attend this Board on Thursday week; otherwise my Lords will supersede his commission and order him to account in custody.
The like letter to Mr. Hosyer, Receiver of Salop, taking notice [therein] that my Lords are informed he is gone out of town without making the payments he promised.
The like to Mr. Ralph Williamson to pay [in his receipts] within 14 days (not to attend): under the like penalty.
Mr. Mason, Receiver of Cambridge and Ely, is called in about 1,200l. overpaid on his account. He says other people brought that money to Mr. Peters in the Exchequer in his [Mason's] name without his knowledge and Peters charged it.
Sir Thomas Littleton comes in.
Mr. Mason shows the account is passed with a surplusage of 1,193l. 19s. 2½d.
Mr. Carlton, Mr. Richardson, and Mr. Baber to be heard next Thursday afternoon.
Mr. De Costa, Sir John Johnson, Mr. Shepard, Sir Jos. Herne, Sir Stephen Evance and other merchants concerned in the last remittance of 100,000l. come in. My Lords propose to secure their weekly payments by Lottery ticquets till the Exchequer Bills can be issued. They go out to consider of it.
The body of qualified brokers [licensed to deal in tallies] are called in. My Lords recommend it to them to encourage the subscription for Exchequer Bills.
[Write] to the Navy Board not to assign the malt tickets in the [Navy] Treasurer's hands for the [Navy] course till my Lords speak with them again.
The merchants concerned in the remittances come in again. My Lords will furnish forthwith or to-morrow morning the 20,000l. Exchequer Bills for this day's weekly payment; and as to the disappointment of 20,000l. last week my Lords will make good the damage when the malt ticquets deposited for the same shall be changed for Exchequer Bills.
Ph. Howard to have 20l. [on his] giving his note to repay it when he receives his salary as a Commissioner for Taxes.
Mr. Johnstone's letter [the letter in Johnstone's behalf] to Mr. Attorney General for passing his lease is read and approved.
Write to the Navy Board to pay to Sir Henry Ashurst the 500l. for the men that go to New England about the naval stores. Treasury Minute Book IX, pp. 227–8.
July 27.Present:—Mr. Chancellor of the Exchequer, Mr. Smith, Sir Thomas Littleton, Mr. Pelham.
The Trustees for Exchequer Bills come in. They present a bill of salaries for the last quarter. My Lords will consider it.
The bills for 30,000l. drawn per Mr. Hill upon the Earl of Ranelagh for subsistence [of the Forces] in Flanders and payable to Mr. Bateman, Sir H. Furnese and Sir Theo. Jansen, [is ordered] to be paid in Exchequer Bills, viz., 20,000l. by the middle of August and 10,000l. by the middle of September. Ibid., p. 229.
Eodem die, afternoon.Present:ut supra.
The three letters to Morgan Whitley, Mr. Williamson and Mr. Hosyer are read and approved.
The Customs Commissioners attend. Their papers are read and answered. They will pay 20l. more to Mr. Midleton.
The Excise Commissioners [attend].
[Write] to Mr. George Parry and Mr. Stanlake and Mr. Baber and Mr. Blechingden and Mr. John Tompson to be here on Thursday morning. Ibid.
July 28.Present:ut supra.
The messengers [of the Chamber are] to have a quarter on their bills.
[Order that] 4,000l. of the Lottery tickets in the hands of the Navy Treasurer are to be issued and applied for defraying the charge of the Register Office [of Seamen] at London and Dover.
[Order for] 5,000l. more in Exchequer Bills to the Navy for two weeks upon Mr. Taylor's contract.
Mr. Dodington and Mr. Corbet [attend]. 4,000l. (struck through).
The Victuallers [attend. Order for] 10,000l. in Exchequer Bills to them, viz., 7,000l. for the course and 3,000l. for imprests.
The Transports Commissioners [attend: their] papers read.
Mr. Moor and Mr. Baker to be heard this day week upon the caveat concerning the Tennis Court.
[Order for] 500l. more to Mr. Hen. Baker in Lottery ticquets for [Crown] law suits.
[Order for] 2,000l. to Mr. Shales out of disposeable money [in the Exchequer]. Ibid., p. 230.
Eodem die, afternoon.Present:ut supra.
Sir William Goring and Mr. Brunskel [attend] with their counsel.
Mr. Northy of counsel for P. B[runskel] says his client petitions for a parcel of derelict land of which an inquisition is taken in Sussex, on the ground of the discovery being made by said B.
Sir Thomas Powys for Goring says an inquisition is pretended, concerning which a report is made by Mr. Attorney General.
Mr. Brunskel says the report was made ex parte.
One Mr. Tailor says Mr. Attorney General did hear what Mr. Brunskel has to say and that he had copies of the affidavits.
Mr. Northey says the inquisition was duly taken by a jury and his client is ready to try the title: that he has affidavits the inquisition was duly taken and by gentlemen of good quality.
The Attorney-General's report is read.
Northy says it is extra[ordinary] for the King's Attorney to move that the King's inquisition should be quashed: that as to Mr. Pelham they are willing so much of the inquisition be quashed. He offers affidavits to justify the inquisition but before they are read Sir Tho. P[owys] says though Mr. Attorney be the King's officer he cannot do better service to his Majesty than to prevent vexation to his subjects where there is no cause. By the same reason Mr. B[runskel] may go over all the sea coasts and find inquisitions of every man's land: that in all salt marshes they are covered with spring tides: the ground between high and low water mark where the sea flows and re-flows every 24 hours may belong to a manor.
Mr. Web, of the same side, says these lands have belonged to Sir William [Goring's] ancestors.
John Swift says he was at Shoreham as a witness [in the inquisition]. He observed nobody but himself: he had drunk so much as he did not understand what he said: he does not know whether he was on oath or no: he came in the afternoon, gave an evidence in an hour was entertained with beer and wine and they were drinking: he does not remember what he said there: he only said 'twas overflown with the sea: he drank a flagon of beer when [the] first came in and two or three times afterwards he was free to drink because 'twas given him: they did not much force him: they did not force him to drink.
Chas. Johnson says he was one of the jury. They had a very good dinner: he cannot well tell whether sworn before or after: the witnesses were brought after dinner: they read all their orders in Latin and he did not understand it: he has known the place 25 years: no ships ever passed over it: the sheep always fed on it at neap tides: an hour or two after dinner: they heard the witnesses: so much wine before, at and after dinner, that one of the jury next morning asked him what was done and he was so drunk he knew not what was done: that Beach and three or four witnesses were ex[amined] he says he does not know what derelict lands are: there was another [witness] did not know the way out of town: he does not think himself was fit: he says the charge was given in Latin: he does not know the verdict was read to him in English: it was signed in Latin: the Commissioners told him if they found it was left by the sea they must find for the King and there were some swore 'twas left by the sea.
Sir William Goring says he had no notice of the commission to be executed.
Northy says Page his [Goring's] own tenant was summoned to be of the jury and [was] therefore set aside.
Powys says it was done privately at an alehouse by surprise.
Mr. Pelham says they went within half-a-mile of his house and he knew nothing of it.
Johnson says they were summoned and never knew the business but it was read in Latin: they had a charge in English from one of the Commissioners: they picked up a parcel in the country that had not understanding, of which he is one: he has [a holding of] about 40s. a year: Mr. Penfold, the foreman, may have about 40l. a year.
William Hersey says he accidentally happened in company with Mr. Gethings, a juryman, a week after and he told me he did not know or remember what was done and he did not know what der[elict] land was and he fell into the ferry next day.
Mr. Westbrook says Mr. Penfold, foreman, said he did not know what they did they were made so drunk.
Johnson being asked whether the jury went together and agreed on their verdict says they did all in the same chamber: the people went out of the chamber and they agreed to what the foreman said: but they were all fuddled: they fell to drinking frequently after dinner before the witnesses were heard.
Sir Thomas Powys says the proprietor of the land should have notice.
Mr. Northy denies that: says its only an inquest of office and a matter of form only to entitle the King to make a grant. He says Johnson owns they had a charge in English and there were witnesses sworn: ships went there and they could not find otherwise.
Charles Herbert says he was there: the jury had tarried long and when the Commissioners came they had the charge in English per Mr. Whetham and they had a copy of the verdict in English and they were told what derelict land was, that it was land left by the sea, that if the sea left one place and gained in another the land left was the King's: being asked if they were told that if the spring tides only came over it it must not be derelict land from thence . . .
Mr. Northy says it is not derelict land unless the sea flows and re-flows [over it] every tide.
Herbert says the witnesses were civilly treated and he observed none of the jury disordered in drink nor the witnesses: that the witnesses said the sea flowed [over] it every common tide: the foreman said they would examine no more witnesses for they knew it themselves.
Johnson says Beach, one of the witnesses, brought 10 bottles of wine for his own share: the bill the next day came to 20l.
The other [side] says 17l. in 3 days.
Herbert says no witnesses were examined till after dinner.
Sir T. P[owys] says that was never allowed.
Richard Carter a merchant of London says he was there: they only gave the charge and adjourned till next day and after dinner a bottle of wine was given between two or three men and they had no wine whilst they were together about their verdict, and afterwards there was a bottle between two and after the inquisition signed some of them did get drunk but none drank before they agreed on their verdict: he says some witnesses were examined before dinner.
Herbert contradicts that.
Mr. Pool, one of the Commissioners, says the commission began about 10 and they sat till near 1: he believes the greatest part of witnesses examined in the morning: he thinks William Gratwick, and is positive several were examined before dinner: he gave a copy of the commission to the foreman in English: he saw none disordered in drink.
Mr. Westbrook says Mr. Alderton, one of the Commissioners, owned to him he did not know what they did.
Johnson says he had three or four bottles of claret in his own belly before any witnesses were called.
Edm. Beriff says Mr. Whetham gave the charge before dinner: some witnesses were called before dinner and he saw none drunk: he says he paid the money for the dinner as a deputy.
Northy says if there be a grant their case will be the better for they will have costs which they cannot have against the King.
Sir Tho. P[owys] says there is not one man will dare to say that the sea goes over this land at ordinary tides.
Mr. Web says they have an old map of it made in 1622.
Johnson says the sea is three miles off.
Mr. Pool says it is covered with grass and sheep feeding on it: it has been overflown in some spring tides.
Mr. Barker says he has kept sheep there 7 or 8 and 40 years ago for the tenants of Goring: it has a sort of weed called scurvy grass and he has kept sheep there at spring tides in the summer: at ebb tides it was not overflown: he kept 500 sheep there 48 years ago: the water comes from the haven's mouth about 3 miles, as the water meets from the sea and down from the land it fills up: the bank was set up before his time.
Mr. Web says a suit in Chancery 14 years in Queen Elizabeth's time depended between the families of Norfolk and Goring.
Edm. Beriff says some would have come upon Mr. Brunskel and him when they were lately asleep in bed and that two of the witnesses would have come up but they were frightened. (See my Lords' resolution in this case infra p. 70 under date 10 Aug., 1697).
Mr. Solicitor General [appears] for Mr. Long and Sir Thomas Powys for Mr. Lansdowne about renewing a lease of coal works in Stratton super Fosse: respited till a fortnight in next term. Treasury Minute Book IX, pp. 230–234.
July 29.Present:—Mr. Chancellor of the Exchequer, Mr. Smith, Sir Thomas Littleton, Mr. Pelham.
The Excise Commissioners are called in. Their report of the 20th inst. is read. Mr. Theophylact Blechyden is called in. He offers a memorial shewing the duty of his two several officers, viz., assistant Secretary and Clerk of the Securities. The Commissioners give instances of mismanagement in taking securities in the time of Mr. Baber: one bond of Dashwood with a blank for the penalty, and many were wanting when he delivered them over to Blechyden (who has since gotten them all except two or three). They gave Blechynden a good character but as to the particular place of Assistant Secretary he should be a lawyer and Mr. Blechynden not qualified for that.
My Lords resolve that Mr. Blechynden be continued Clerk of the Securities with such clerk and allowance of salary as he has at present to execute that office as the Excise Commissioners shall direct: but to be no longer Assistant Secretary.
The Commissioners say the officers of Excise are sworn not to take any money for doing their duties but of the King: that money is taken for their commissions, of which they give some instances.
A letter [to be written] to require the Commissioners in all cases where they find any mo[ney] directly or indirectly taken or given upon the score or pretence of making forth any commissions, procuring any employment or getting any order to instruct a person to be an officer or for any other matter relating to the business or duty of any officer that they forthwith dismiss such officer from his employment and proceed against him for the corruption as far as the law will admit.
It is recommended to the Commissioners to present to my Lords a fit person to be Assistant Secretary at such salary as they think the employment may deserve.
Mr. Geo. Parry and Mr. Stanlake are called in. That part of the report that concerns the solicitor for law suits is read. Mr. Parry [says] that he or his deputy Stanlake do execute the [said] office and that there is no neglect: he says he allows his deputy the perquisites. The case of Burdel, of Exeter, is objected against him. He says he found Burdel in prison and his estate encumbered before the King's title: that the K[? the King in 1688] lay at his house and put him to charge for which Sir Edw. Seymour promised to apply for his discharge: that he took a bond for 100l. of Burdel's debt leaving the King the same remedy as he had before for the rest and that the [Excise] Board gave him thanks for his care.
Mr. Clerk says after many importunities of the collectors successively Parry in 1693 was sent to execute the extent, and then took a bond only for 100l. He reads Mr. Parry's letter: that there have been delays continually in that matter.
They instance a remissness in the prosecution of Mr. Newman and in the case of John Carrier and of John Clay and of Rives Dickenson.
Mr. Stanlake answers in the several cases.
The Commissioners think [advisable] that there be but one Solicitor [of Excise] as well for law suits as for causes before the Commissioners of Excise and the Commissioners of Appeals in Excise: which my Lords approve of, and that some fitting person be enquired for to execute this office with a competent salary.
The Navy Commissioners are called in. A letter [is to be written] to the Navy Board to apply to the [Navy] course 151,790l. according to the letter of July 21 inst. and 100,000l. more out of Malt ticquets. Ibid., 235–6.
July 30,
morning.
Present:—Mr. Chancellor of the Exchequer, Sir William Littleton, Mr. Pelham.
Mr. Henry Baker is to attend those that have not delivered the King's plate into the Jewel House pursuant to his Majesty's order and acquaint them that he hath orders to prosecute those that do not forthwith comply with his Majesty's direction.
[Write] to Mr. Blathwait that his Majesty having been pleased to say that when he gave direction for the Civil List he would give order for the Duchess of Cleveland's pension; my Lords being earnestly applied to by her Grace (who hath received no payment for some time past and appears to be in very great want) and considering that her title to the said pension is secured by several Acts of Parliament, my Lords could do no less than desire him [Blathwait] to move the King for his direction concerning the said pension.
My Lord Bellomont to have 1,200l. in Lottery ticquets as an advance on his salary as Governor of New England, New York, &c.
Lady Laton: [order for] 100l. in Lottery ticquets.
Mr. Meesters to have 4,500l. imprested by the Navy Board and 2,500l. by the Office of Ordnance out of Lottery ticquets in the Treasurer's hands. Ibid., p. 237.