Minute Book
November 1698

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Institute of Historical Research

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William A. Shaw (editor)

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1934

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26, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 38, 39, 40

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'Minute Book: November 1698', Calendar of Treasury Books, Volume 14: 1698-1699 (1934), pp. 26-40. URL: http://www.british-history.ac.uk/report.aspx?compid=82991 Date accessed: 23 August 2014.


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Contents

November 1698

Nov. 1,
forenoon. Cockpit, Treasury Chambers.
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton.
The Agents for Taxes are called in. They are to write to the [respective County] Receivers pressingly to pay in their receipts, particularly the Poll Tax.
[Order for] letters to Briggs and Whitley that their securities shall be prosecuted unless [they pay in their balances] &c.
Mr. Waldron acquaints my Lords that the bills of exchange at Barbados are now current at 15 per cent. and the difference of money between Barbados and the Leeward Islands is 20 per cent.: that the island of Antigua by an Act did give free quarter to the Regiment without expectation of being repaid. He offers a memorial to that purpose. They paid constantly 9d. [per man] a day and Col. Holt quartered with him two years. There was a fund raised to pay the 9d. a day by the country and the country [the island, further] raised 500l. or 600l. to cloth them. Mr. Cary heard [that] the agent received some of the subsistence money here. He thinks there are about 400 [soldiers] in all the islands. He'll come again to-morrow morning.
[Write] Mr. Taylder to be here to-morrow morning: likewise the Earl of Ranelagh: likewise Mr. Povey.
[Write] to the Customs Commissioners to attend to-morrow afternoon.
[Write] to Mr. Butts to attend on Monday next about his account. All his papers to be looked out.
[The Principal] Officers of the Ordnance [attend with the] Auditors of Imprests and Sir Policarpus Wharton. The state of the said Wharton's account is read, with Sir Robert Howard's report and the report of the [Principal] Officers of the Ordnance as to the Exchequer fees.
[Write] to Mr. Row and Lady Wood to attend on Monday morning.
The Auditors will be here then.
A privy seal is to be prepared for passing Sir Policarpus Wharton's accounts according to the minutes [margined] upon the several reports this day read to my Lords and considered by them.
[Order for] 244l. 5s. 3d. to be issued to the Earl of Ranelagh: out of loans on the Duties on Coal: to pay a contingent warrant of Col. Collingwood's. Ibid., p. 8.
eodem die, afternoon. Cockpit, Treasury Chambers.Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton.
The Attorney and Solicitor General [attend with] the Excise Commissioners. Upon reading the [said] Commissioners' report concerning white leather [which is] after converted into oil leather the King's Counsel are of opinion the higher Duty ought to be charged to wit [as] for oil leather; but upon the parties making proof that a lower Duty was paid for the same as for white leather the lower Duty so paid ought to be abated.
The report concerning the Duties on vinegar-beer and vinegar is read. Ibid., p. 9.
Nov. 2,
forenoon. Cockpit, Treasury Chambers.
Present: Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton, Mr. Pelham.
[Write] to Mr. Marriott, Mr. Shales and Mr. Aldworth to attend (on Monday) about the account of Lord Preston's estate in Cumberland.
[Write] a letter to the Earl of Ranelagh to pay over to Mr. Vander Esch 10l. for Henry Ditch on account of his arrears: which are certified by said Earl to be 24l. 14s. 4d.
Mr. Walrond [attends and also] Mr. Povey, the Earl of Ranelagh, Mr. Abbot and Mr. Taylder. Mr. Popple has not the Acts of the Leeward Islands but says the Solicitor General has one of the 3rd June, 1696, entitled an Act for reinforcing an Act for billeting of soldiers.
Mr. Hutcheson, Agent to Holt's Regiment in the Leeward Islands, [attends]. He says the island's giving the Regiment free quarters as an additional encouragement to the men was known to the Committee of Trade [and Foreign Plantations] and to Mr. Abbot and everybody and that the Acts themselves are before the Commissioners of Trade.
The Chancellor of the Exchequer comes in.
Mr. Hutcheson agrees that the soldiers had the 9d. a day in money or provisions.
[Write] to Mr. Richard Cary of Mincing Lane to be here on Friday morning.
Mr. Hutcheson moves my Lords that the subsistence to the officers of these [West Indies] [to wit officers] that are here may be paid as the subsistence to the officers of other Regiments are paid. Treasury Minute Book, Vol. XI, p. 10.
eodem die, afternoon. Cockpit, Treasury Chambers.Present: all the five Lords.
The Customs Commissioners [attend]. Papers are read and minutes [are endorsed or margined] on them.
Mr. Baker will attend the Commissioners with his report which they are to consider and give their opinions on.
Mr. Holmes to be recommended to the Excise Commissioners to be instructed. Ibid., p. 11.
Nov. 3,
afternoon. Cockpit, Treasury Chambers.
Present: Mr. Chancellor of the Exchequer, Mr. Smith, Sir Thomas Littleton.
Mr. Clerk and Mr. Abbot [attend]. They will attend to-morrow morning. Ibid., p. 12.
Nov. 4,
forenoon. Cockpit, Treasury Chambers.
Present: all the five Lords.
The letter to the Marquess of Carmarthen is read and approved.
Mr. Cary says he heard the [Leeward] Islands gave Holt's Regiment free quarters but they (i.e., the Commissioners) did not know certainly till they writ thither and received an answer that the islands freely gave the Regiment their subsistence. They did not instruct him to inform the Government of it here and he had no reason to do it without instruction: and all the money put into their hands was issued entirely to Col. Codrington. They received money sterling and paid money sterling. 'Twas the Gen[era]l communicated to him [that] the islands did not expect any repayment of the soldiers' subsistence. He knows nothing of Mr. Barnes' motion in the Assembly.
My Lords adhere to their resolution of the 7th of Oct. last in the case of Sir Henry Ashurst; which being complied with, his bond will be delivered up.
Mr. Overton and Mr. Williamson to be heard on Monday week.
The Victuallers are to dispose of the salt tallies resting in their hands to the best advantage and to pay the creditors out of the money [so raised] and to employ the overplus for the King's account.
On Monday week my Lords will hear the account of the old Victuallers' debt claimed by Sir Josiah Child et al. Send notice to the Auditors [of Imprests] to attend then.
[Order for the issue of] 1,700l. to the Victuallers out of loans on the Duties on coals: to be for imprests. Ibid., p. 13.
Nov. 7,
forenoon. Cockpit, Treasury Chambers.
Present: Sir Stephen Fox, Sir Thomas Littleton, Mr. Pelham.
Mr. Rowe and Lady Wood are to be heard on Friday morning.
They and the Auditors are to attend then.
[Order for] 133l. 6s. 8d. to be issued to the [Treasurer of the] Ordnance out of loans on the Coal Duties Act: to pay the King's bounty, as by the order in Council, for 20 guns taken by Capt. Waters in the Suttle prize; which guns were delivered into the Office of Ordnance. Ibid., p. 14.
eodem die, afternoon.Present: all the five Lords.
Mr. Aldworth, Mr. Hen. Shales and Mr. Maryot attend. Maryot says the return of the Commissioners upon oath [as to the value of Lord Preston's estate] was between 600l. and 700l. per an. in Cumberland. He was directed to put the estate in charge accordingly. The Receiver sent word it was not a third of the value. Mr. Rivington received what he could. After his death he (Maryot) sent Bodinson to take account of all received. He was assisted by Lord Preston's steward. Upon comparing their several accounts they did not differ 40s. and then he (Maryot) thought he had done all he could do and he accounted upon oath for all that was received, being ordered to take care of the estate, and he appointed Rivington and Bodyson. Mr. Maryot will give the auditor the particulars of the rents of the Cumberland estate, with the [names of the] tenants that are in arrear.
Memorandum: to speak with Aaron Smith about the Yorkshire [portion of Visct. Preston's] estate [and the receipts therefrom] from the seizure to the time of the lease made to the Earl of Carlisle et al.
The auditor is to make up the account and to charge the rents that became due and to set in super the tenants that are in arrear.
Mr. Aldworth will deliver the vouchers to Mr. Shales.
Mr. Aldworth's report of 1696–7, March 10, is read concerning 391l. 9s. 0d. per an. and 2,725l. 17s. 8¾d. arrears discharged upon allegation, per Mr. Maryot, in an account of the [parts of the abovesaid estate in] Norfolk and Huntingdon. As to leaves in the Inrollment Books cut out or sewed in, the books themselves are to be brought hither by Mr. Aldworth.
Memorandum: to send to Mr. Pottinger to be here when these matters are to be heard this day week. All parties to have notice.
Order [for] Mr. Maryot to pay 200l. to Henry Baker out of the money in his hands of the Cumberland estate [of Lord Preston]: [the said sum] to be divided amongst the tenants, as my Lords shall appoint, for their service to the King.
Mr. Clerk and Mr. Abbot [attend] with their draft of instructions for Mr. Taylder; which are approved.
[Write] to the [Principal] Officers of the Mint and Mr. Hayes to be here on Wednesday morning. Ibid., pp. 14–15.
Nov. 8,
forenoon. Cockpit, Treasury Chambers.
Present: Sir Stephen Fox, Sir Thomas Littleton, Mr. Pelham.
The Commissioners of Sick and Wounded [attend]. There are 6,000l. in bills of exchange [drawn] upon them and 2,000l. at Plymouth, most pressing, at present.
The Earl of Ranelagh says if my Lords will give Mr. Hill the tallies for 214,000l. which he [Hill] desires, he [Ranelagh] will take care they shall not be parted with till further order from my Lords; and this will enable Mr. Hill to make agreements with the creditors to whom the money is owing [by Hill].
My Lords, upon reading Mr. Duncomb's letter to Mr. L[owndes] have resolved that the contract shall be produced, at his trial, by Mr. Tailor and that any for him may see it in the mean time.
Mr. Smith comes in.
[Write] to the [Principal] Commissioners of Prizes to be here next Monday afternoon about the business of Mr. Brownjohn. His papers to be ready then.
Mr. Montagu comes in.
Mr. Isles [in return] for 10,000l. to be forthwith paid him here by the Earl of Ranelagh will give good bills of exchange payable to Mr. Taylder for 10,500l. at Barbados in current money of that Island, to wit for half at 10 days and half at 20 days sight, for payment of the Forces in the Leeward Islands.
In case the 10,500l. do not complete the whole service in the Leeward Islands, Mr. Taylder is to get credit for the rest and draw on the Earl of Ranelagh, not exceeding 1,000l.
Write to Mr. Butts to attend next Monday morning.
[Order for] 100l. out of the money for Disbanding in the Earl of Ranelagh's hands, to be paid to Penelope Holt widow of Lieut. Richard Holt, late of Col. Henry Holt's Regiment in the West Indies, in part of the arrears of subsistence and pay due to her said husband.
[Write] to the Excise Commissioners to attend this day week. Mr. Brawne to be here then. Treasury Minute Book, Vol. XI, p. 16.
eodem die, afternoon. Cockpit, Treasury Chambers.Present: all the five Lords.
[Order for the issue of] 6,600l. to the Earl of Portland for the Privy Purse: out of the fourth payment of the Two Millions, due in January next: which with 3,000l. paid already makes 9,600l. for 16 weeks at 600l. a week from July 18 last to Nov. 7 inst.
A certificate is read from the Exchequer how far the 5,876l. 7s. 6d. per an. for the Stables is paid.
The like for the 2,500l. per an. for buying horses.
And [the like for] how much is unpaid upon any [outstanding unsatisfied] order for extraordinaries [of the Stables].
[Order for] 15,262l. 4s. 2½d. for 5 quarters to the Queen Dowager to Michaelmas last on her 12,000l. odd per an.: to be paid [as follows: to wit] 6,104l. 17s. 8¼d. on the eighth payment of the Two Millions and 9,157l. 6s. 6¼d. on some place [in the register of loans on] the Coal Act.
Write to the Earl of Ranelagh to know what tallies and to what value are deposited in the Dutch Ambassador's hands and how much was borrowed in Holland thereupon.
[Order for the issue of] 74,964l. 18s. 7½d. to the Household to clear the expense thereof to Xmas, 1697: to be paid [as follows] viz., 34,964l. 18s. 7½d. on some place of [the register of loans on] the Coal Act and 40,000l. on the Two Millions, to wit 20,000l. on this month's payment and 20,000l. on the tenth payment thereof. (In the margin: add to the 34,964l. 18s. 7½d. the further sum of 7,500l. making 42,464l. 18s. 7½d. to be charged on the Coal Act: to clear [the Household] to Xmas 1697).
[Order for the issue of] 14,000l. to the Treasurer of the Chamber to clear his office to Xmas, 1697: [to be issued as follows] viz., 7,000l. on the 9th payment of the Two Millions and 7,000l. on the tenth payment. Add 98l. 4s. 5d. to the last sum. Ibid., p. 17.
Nov. 9,
forenoon. Cockpit, Treasury Chambers.
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton.
[Order for] 3,948l. 11s. 4d. to be issued to the Great Wardrobe to be applied according to the Earl of Montagu's report of 1697 July 16, for goods delivered by several tradesmen at Windsor, Kensington and Hounslow: to be satisfied by tallies on the seventh payment of the Two Millions.
[Write] to Sir Christopher Wren to be here to-morrow morning.
Mr. Pelham comes in.
The Earl of Bradford and Mr. Rowe [attend]. My Lords acquaint them with the provision they have made for the Household.
[Write] to the Earl of Montagu that my Lords desire to speak with him to-morrow morning.
The [Principal] Officers of the Mint and Mr. Hayes [attend]. Hayes says the account at Exeter is brought within 200l. and as much [so much] will appear due to him [on the balancing of the account], but he must sue some of the officers there, to adjust it. He will give security to the good liking of the Master and Warden [of the Mint] to make good any deficiency of cash which shall appear upon making up the accounts of the Mint at Exeter [on condition of] being at liberty to prosecute any other persons for so much as they are answerable for.
Mr. Neal is to certify to my Lords the taking of this security when it is given. Ibid., p. 18.
Nov. 10,
forenoon. Cockpit, Treasury Chambers.
Present: all the five Lords.
[Order for] 3,400l. to be issued to the Victuallers out of the loans on the Coal Duties: to be for imprests.
Memorandum: to inspect the account of Col. Codrington and see whether 500l. levied on Mr. Waldron's estate at Antigua be charged in that [Codrington's] account and paid to Col. Holt's Regiment.
[Order for the issue to the Master of the Horse for the Stables of] 2,000l. for buying horses and 2,876l. 7s. 6d. in full of 5,776l. 7s. 6d. for one year to the liveries to 1698–9, Jan. 1: the total 4,876l. 7s. 6d. to be placed on the seventh payment of the Two Millions.
[Order for the issue of] 864l. to the Robes: to be charged on the said seventh payment as above.
[Order for the issue of] 2,500l. to Monsieur Auverquere for 1¼ years on his pension due at Xmas last, which pension is charged on the Duchy of Cornwall revenue: to be charged on the seventh payment as above. Ibid., p. 19.
Nov. 11,
forenoon. Cockpit, Treasury Chambers.
Present: all the five Lords.
[Order to] prepare a warrant for 50,000l. on the sixth payment of the Two Millions and for 64,000l. on the Poll: as in part of 214,000l. [to the Earl of Ranelagh] for the arrear of subsistence in Flanders.
[Write] to Mr. Rowe, Lady Wood and the Auditors to attend this day week in the morning peremptorily; and that my Lords will then declare the accounts [even] though Mr. Rowe should not attend.
[Order for the issue to the Earl of Ranelagh of] 4,000l. out of the 10,000l. in the hands of the Trustees for Exchequer Bills and applicable to the Forces: to be applied to the discharge of quarters contracted by the out pensioners of Chelsea Hospital in the adjacent villages.
[Order for the issue to same of] 184l. 12s. 3d. out of ditto: to be applied for discharge of the quarters in Lincolnshire due from some of the officers of Col. Farington's Regiment disbanded; and that the half-pay and arrears of these particular officers be stopped till this money be recouped.
[Write] to the Excise Commissioners to direct Mr. Fletcher, their surveyor for the four Northern Counties, to assist the officers appointed by the Commissioners for preventing the exportation of wool in the said counties, to wit in discovering all offences of that kind. Treasury Minute Book. Vol. XI, p. 20.
Nov 14,
forenoon. Cockpit, Treasury Chambers.
Present: Mr. Chancellor of the Exchequer, Mr. Smith, Mr. Pelham.
Mr. Overton and Mr. Williamson [are] put off till Friday next. Send them notice.
[Write] to the Customs Commissioners to attend to-morrow afternoon.
Mr. Papillon and the Auditors [of Imprests attend] about the debt claimed by the old Victuallers [of the Navy]. The Auditors' state of the report [sic for account] is read. The minutes [made now by my Lords] are [endorsed] upon it. The auditors are to proceed in the making up for declaration the whole account of these Victuallers for their whole time [of management] as far as they can by [or in accordance with] these minutes. Ibid., p. 21.
Nov. 15,
forenoon. Cockpit, Treasury Chambers.
Present: all the five Lords.
[Order for] 150l. to Mr. Booth for the last quarter: to be paid out of Excise money.
[Order for] 142l. 10s. 0d. to Lord Chief Justice Holt; 111l. 3s. 0d. to Justice Rokeby and 142l. 10s. 0d. to Baron Powys for their loss in [the discount of] Malt [Lottery] tickets given them for their salaries: to be paid out of Excise money by way of secret service.
Mr. Bird's warrant [prepared] for the Lords Justices' hand is read and approved.
Write to Mr. Sizer to be here to-morrow morning.
[Order for the issue to the Navy Treasurer of] 65,555l. 1s. 10½d. for the course of the Navy: "out of the Two Millions according to the scheme" [of payments charged on that fund]. Ibid., p. 22.
eodem die, afternoon.Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton.
The Customs Commissioners [attend]. Their papers are read and minutes [are endorsed or margined] upon them.
The Excise Commissioners are called in. Mr. Brawn's two reports [the reports on him] and his answer are read. He ought to pay the 820l. 13s. 2½d. [standing] on the account of Mr. Allen for whom he is security. The said Commissioners are to take care that it be paid.
Their report concerning Ralph Jackson [and the recovery of his debt] is read. Jackson says he sent the first parcel of bills by Clement Warren and he sent the second parcel by the post with a letter. Jackson's letter of 1697 June 21 to the Excise Commissioners is read. He believes he sent no list with his 93 bills [? Exchequer Bills] but will not be positive. Mr. Johnson's letter of 4 Sept. 1697 is read. He says he sent up 34 Exchequer Bills in August which he could not get credit for till December 1697. The Commissioners' order of 28 May 1697 is read ordering him to keep a particular account of numbers, dates and sums of each Bill. He denies any knowledge of it. My Lords concur with the report of the Commissioners and direct them to proceed for recovery of the King's debt. Ibid.
Nov. 16,
forenoon. Cockpit, Treasury Chambers.
Present: all the five Lords.
Mr. Walrond's warrant to be signed by the Lords Justices [England] is read and approved.
[Write] to the Treasurer of the Chamber that the money in his hands reserved for such uses as my Lords should appoint be applied in part of the sum due for wages to Xmas last [payable in the Office of the said Treasurer]; and that the nearest [dated] tallies in his hands be applied to clear the said wages to that date; and that he take care in the payment of the wages to give every servant a just proportion of the said money and tallies or as near as may be and that he reserve the rest of the tallies in his hands for such uses as my Lords shall direct.
[Order for] 92l. 13s. 4d. due to Benj. Coling et al by [Privy] Council warrants to be paid out of the [above] said ready money.
All my Lord Bellomont's papers are to be sent to the Customs Commissioners to peruse and report on to my Lords.
[Order for the issue to the Navy Treasurer of] 26,000l. for the course of the Navy; [and for like issue to the Paymaster of the Forces of] 64,000l. in part of 214,000l. for Mr. Hill for subsistence in Flanders: to be in tallies levied on the Poll Act. Ibid., p. 23.
Nov. 17,
forenoon. Cockpit, Treasury Chambers.
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Sir Thomas Littleton, Mr. Pelham.
[Order for the issue of] 62,422l. 8s. 7d. to the Wardrobe to clear it to Michaelmas 1697: 17,237l. 19s. 9¼d. thereof by tallies on the Coal Duties Act and 45,184l. 8s. 9¾d. [by tallies] on the tenth payment of the Two Millions.
Order for the following issues:
£s.d.
to the Navy Treasurer to complete 250,000l. for wages [of seamen]: to be by tallies on the Coal Act9201521
to ditto for wear and tear35004130
[to the Paymaster of the Ordnance] for land and sea service10000
to complete 600,000l. for the Civil List: 9,157l. 6s. 6¼d. for the Queen Dowager; 42,464l. 18s. 7½d. for the Household; 17,237l. 19s. 9¼d. for the Great Wardrobe68860411
[to the Paymaster of the Forces] for Mr. Hill in part of 214,000l.100000
£30588000
Ibid., p. 24.
Nov. 18,
forenoon. Cockpit, Treasury Chambers.
Present: all the five Lords.
Mr. Rowe, Lady Wood and the Auditors of Imprests [attend]. Mr. Browne for Mr. Rowe desires allowances of those tallies that are lost or mislaid. Mr. Rowe is told that he agreed that those tallies not produced should not be comprehended in the account "but set [in super] upon them to try it afterwards." If Mr. Row and Mr. Bridges will forthwith pass their grant of Hind's estate and give security to Sir Edw. Wood and all others concerned in the tallies standing out that the first moneys arising from that grant shall be applied to pay those tallies my Lords will declare the account but forbear process upon it till this security be complied with.
Mr. De Casseres proposal for the salt tallies is read.
Mr. Levi will take the whole 170,000l. [tallies] and upwards from the Victuallers and 50,000l. [tallies] from the Navy at 6 per cent discount, a fourth down and the rest by 3 equal payments the last in the month of February [next]. Nothing [is] concluded [hereon by my Lords]. De Casseres is called in and told that my Lords expect a better market.
[Order for] 500l. to the Navy [Treasurer] for Capt. Warren for contingent charges of the ships under his command going to the East Indies: to be issued out of loans on the Coal Duties Act.
[Order] to the Navy Board to assign bills [on the Navy Treasurer for payments] for the [Navy] course upon the funds and in the manner following viz. 65,555l. 1s. 10½d. on the Two Millions; 35,004l. 13s. 0d. on the Coal Duties Act; 26,000l. on the Poll money. Treasury Minute Book, Vol. XI, p. 25.
eodem die, afternoon.Present: the same.
Mr. Overton [attends] with his Counsel, the Solicitor General, Sir Jos. Jekyl and Mr. Pooley. Mr. Williamson attends with his Counsel Sir Thomas Powys, Mr. Dod and Mr. Barnard. The petition and representation of Mr. Overton are read. Mr. Clough's answer is read. Mr. Williamson's affidavit is read and his case.
Bernard thinks it doubtful whether [the case be] a forfeiture [and even] if [it be] forfeited 'tis pardoned.
The Solicitor General says. The [five] under-searchers [of London port] in 1672 agreed with the head searcher to resign to Fowles in trust for the undersearchers. Fowles was to account to them and was to have a salary. The deputy was to deposit 1,000l. to be forfeited if he discovered the secret. There is a nominal head searcher and [his] deputy but [in effect the result is that] the King has only 5 officers instead of 6. In 1681 the Customs Commissioners discovered and represented this [to the Treasury]. In the 6th year of William and Mary all the officers of the Customs were to take an oath by the day [fixed by the Act]. Fowles took no care to swear; whereby he forfeited. The Solicitor General insists that declaring a trust for the undersearchers is a forfeiture of the office; becoming a trustee for those in the same office is a misdemeanour that [de jure] forfeits: by the Act no salary is to be taken but from the Crown; and if the officer will take a salary contrary to the Act it creates a forfeiture: the forfeiture for not taking the oath (notwithstanding the Act of Oblivion) continues on him [Fowles]: the Act of Pardon 7 Wm. III does not excuse or restore Fowlys if there were not an exception [therein] to help him; there being a difference between void and voidable it would be a question; but there is an exception "except out of this pardon all misbehaviours &c. and omissions of officers": Fowlys is an officer, has made an omission and it is concerning the execution of his office; and he was under an obligation to take this oath:
(2) [on the question] whether it be fit for his Majesty to take this forfeiture [the Solicitor General says] Fowleys never came into this office but to play it for the undersearchers over whom he is a cheque as control[ler]; so that if no forfeit by the Act it would have been fit to issue a sciri facias for the other reason. In 1672 Long, the head searcher, was bought out for the undersearchers. Then came Holditch who also had a bargain with the undersearchers. Mr. Boneal had a deputation from the patentee and he also arcled [articled] with the undersearchers: then came in Mr. Clough who says he has executed the office duly but does not say to who he has accounted [for] and paid the profits, which is the most material point. Williamson's affidavit says he gives nothing to Fowlys; one would think he should have said more: Sir William Fowlys in his Representation does not say he is trustee for Williamson: Bonneil was actually turned out on a complaint of this matter against him: these several offices are dependent and the King loses one office: then [again it is] incompatible [with his duty]: the head searcher has half the forfeiture and accounts to the King for the other [half]: the undersearchers have no grant of forfeitures: one would think the head searcher should account to the King for all the forfeitures and the undersearchers should account to him; but now they will make no account to themselves and the King [will thereby] have no means to come by his moiety.
Mr. Pooley says: the office is void by the Act: Fowlys is an officer to the King: he did not take the oaths: the Act is express he shall forfeit: it is excepted out of the pardon: if they will controvert that 'tis not forfeited or [that] 'tis pardoned we can make out [that it is not and thereby we can prove] the King's title.
Sir J. Jekel says: let Williamson show his declaration of trust and when 'twas made.
Sir T. Powys says: Williamson for his merits stands equally in the King's favour with Mr. Overton: we are in possession: Mr. Overton comes on a forfeiture in the hardest case that ever was: Williamson and the deputy swore and the patentee could not [swear] just at that time: so that if there was a forfeiture, here is equity: but the Act of Oblivion has pardoned this supposed forfeiture and that point is settled. In 1679 these matters were set afoot and then came to nothing.
The Solicitor General says: in 1672 Ri. Pearce was undersearcher he says when he first was admitted undersearcher, Long was head searcher; the office was uneasy amongst Long and the undersearchers and the undersearchers bought him [Long] out; part of his [? Pearce's purchase] money paid for it; Bernard negotiated it; the next man was Holditch: I understood he was for us: we received all the money and paid agent Holditch: the positive sum I cannot remember, the 120l. a year and as much more as made about 200l. a year: then Boneal succeeded: he deposited 1,000l. to do nothing to the prejudice of the office (Holditch dyed) [paying said sum] into the hands of Burton and Evance, undersearchers: we put in Bonneal.
Mr. Bernard says Long and Danvers were patentees [and the] reversion [was] to Holditch and Percival, reversion over (in the last patent) to Fowlys: Long and Danvers surrendered; then Holditch came in; Holditch dyed; then Percival came in.
R. Pierce says he paid his [purchase] money to Mr. Evans (himself being youngest [admitted undersearcher]: it was 500l. to be paid to their use; but saw no contract or agreement relating hereunto: it was in 1672 or 1673: he says he received his share of the profits: he says when he was undersearcher Clough was deputy, he thinks, to Sir William Fowlys.
Sir T. Powys says Fowlys came in but in 1693.
Pierce says he has parted about 10 years.
Note: the patent to Holditch et al was granted in 1677 whereas Pierce's evidence relates to 1672.
Dod says he's of counsel for the subsearchers: the undersearchers are called to accuse themselves to make them forfeit their offices; the questions upon the undersearchers tend thereto.
The Solicitor General says: where a witness is called in a Court of Justice and is punishable 'tis another thing, but here the witness comes voluntarily and we do not compel him.
Mr. Burton is desired to give an account of what he knows of any bargain between the head [searcher] and the undersearchers.
He knows nothing of the matter.
Do you know whether the undersearchers have received the profits?
Burton: I know nothing. I never received any profit of the head searcher's place.
Pierce: we divided our money every month and kept no account. We paid the head searcher monthly or quarterly, Mr. Clough or Capt. Bonneil that was before him; and the undersearchers received the profits. The profits were kept in a box; he had the key; we had a key; we paid him and shared the rest. Mr. Burton, the senior of us, took the money.
Bernard says in Long's time when there was a controversy between the head searcher and the undersearchers there were such boxes. Since the patent to Holditch the like practice of boxes is continued.
Pierce: so much as belonged to the head searcher was put into one box; the rest into our own; at the month's end we paid him and took all and Mr. Burton or Mr. Evance had a key to the head searcher's box.
Mr. Burton says he has no key and knows of no key that the undersearchers have to the head searcher's box.
Mr. Walker [one of the] undersearchers refuses to declare this because he does not know how far it may affect his office.
Mr. Pierce says he parted with his share in the head searcher's office to Williamson and surrendered all his title in the undersearcher's office and a fifth of the head searcher. He surrendered this by writing and Mr. Bernard drew it.
Mr. Bernard says Pierce never made any surrender at all but Williamson acts still as his deputy.
Pierce owns he acts as his deputy.
Mr. Williamson affirms he never had any scrip of writing from Pierce for the office of head searcher or a fifth thereof.
Pierce wont be positive to more than one writing; perhaps there might be two.
Write to Sir Nicho Crisp for a copy of this deputation.
Pierce: I had a "respect from" Mr. Williamson: desires my Lords not to take it amiss from him that he does not declare whether or what he had: it may be to his prejudice on account of covenants to Williamson. I have forgot what it was.
Walker: he desires to be silent upon the question whether he received any profit of the fifth part bought of Williamson who bought it of Pierce.
Pierce says he was promised to be head searcher as Boneil was and Walker promised he should have all his right and interest for it.
Mr. Clough: when I came in first it was by Capt. Boneil and had the patent ass[igned] me: 'twas in me durante Percival's life: after that he [Clough] was deputy to Fowlys and now acts as such.
The deputation of Clough from Fowlys is read [dated] in Aug. 1693.
Clough says at present he accounts to nobody. I have such allowance from Fowlys as contents me, sometimes from the undersearchers, sometimes from Williamson. I was head searcher from Boneal when Pierce was an undersearcher. When I came in I made an agreement with the undersearchers to have so much certain. The fees were put in the box and they had them. I receive as much now as I did then for executing my offices. The money now comes into the box; Mr. Williamson has a key and the persons that Fowlys appoints; the undersearchers are present [and] receive [their dividends of] the fees. I am under no security for my office. I have had money from Williamson within a month; cannot remember further. I have received money from Burton by order of Williamson.
Sir T. Powys [argues]: whether the King has suffered in the affair, that the office has not been executed or [has been] abused: suppose the searchers and undersearchers execute their offices duly and to prevent squabbles agree about the dividing their fees: the Masters in Chancery and many others in Westminster Hall do the like: if there were a control (as there is not) there was something: dividing the fees is no abuse: if the Com[ptroller] of Customs perform his office it matters not how he disposes his fees: there is no port in England but [has] one searcher and the head searcher in London is only scrutator, after[wards] the King added 5 more which are in effect the same officer (because much business), they are no way under him [or subject to] his control or cheque; the searcher clears the ships; they are to have a moiety: the Act of Tonage says no fees but what thereby appointed and the fees directed are [that] the searcher have one moiety, the 5 [undersearchers] the other [moiety]; the 5 are [present] at shipping the goods; there they have all themselves; he is [present] in the clearing of goods; there they come in with him; to prevent quarrels they have boxes and agree upon the division. And how does this concern Overton. The King suffers nothing. Jones, Maynard and Saunders gave opinions that if the trustee or deputy duly performs the office it is no forfeiture if he duly accounts for the profits. Never any neglect in the office of head searcher. Clough is deputy [and] accountant [accountable] to Fowlys: if he accounts to the undersearchers (and there is no control, for if a cheque [be] though no mischief ensue, the law will not allow it) this can be no forfeiture. Pierce has sworn vengeance because he could not be let in.
Mr. Lancash[ire says] in June last I met Pierce who said Williamson has not dealt with me as a gentleman; he promised me the head searcher's place and was not as good as his word and uttered such words I would not utter unless your Lordships please.
The undersearchers keeps books. Mr. Clough transcribes and examines them to put them into the Exchequer and is concerned in clearing goods. He [? Lancashire] thinks he [the head searcher] is no cheque [on the 5 undersearchers].
Sir Th. Powys [argues] he [the head searcher] delivers in the books [to the Exchequer] because he's the ancient officer.
Clough says he has the transcribing all the actions of the office which are delivered yearly by me in parchment book in [to] the Exchequer: at clearing of ships [he] is to write a search brief to let the searcher at Gravesend know the ship is cleared. If there be any mistakes in transcribing the searchers' books I am to rectify them, but if they have made any wrong entries I know not how to rectify them. I have nothing to comptroll them by. I keep no book.
Read the opinions of Sir W. Jones, Serjeant Maynard, Sir Thomas Powys and Saunders.
Jekel [argues]: questions whether a trust can separate the salary from the officer. The searcher transcribes the books of the undersearchers. If the head searcher finds a wrong done to the King he is bound to discover it and not deliver the book with the errors.
Pooley [argues]: I doubt 'tis executed so but the question is whether it should be so executed. Your Lordships can inform yourselves of that. The searcher cannot be accountable for the undersearcher for then he should have the putting them in [process] if it were against common justice. Mr. Williamson (who desires to come in in the room of Fowlys) has no office of undersearcher at present. Treasury Minute Book, Vol. XI, pp. 25–30.
Nov. 21,
forenoon. Cockpit, Treasury Chambers.
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton.
[Order for the issue to the Farmers of the Post Fines of] 984l. 15s. 11¾d. due upon account of defalcations for the Post Fines [for so much thereof as has been answered direct to the respective sheriffs] for the year ended 1697 Michaelmas: but without any interest. A warrant [is ordered] for this.
Mr. Butts [attends]; his account and other papers are read. He is asked how he came to carry on a private trade from France and whether he can produce an assignment from Sarsfield of his privilege of importing 300 tons. He refers himself to Mr. Moor and Mr. Robinson, saying he has a security. He says he had no concern but with Mr. Robinson who was the only man.
[Write] to the Auditors of Imprests to be here on Thursday morning about Mr. Butts's accounts. Ibid., p. 31.
Nov. 23,
forenoon. Cockpit, Treasury Chambers.
Present: Sir Stephen Fox, Mr. Smith, Mr. Pelham.
[Write] to the Earl of Montagu that out of the money or tallies lately directed to be issued to him [for the Great Wardrobe] he pay so much as is due to Mr. Henry Killigrew for his liveries as his Majesty's Jester.
Prepare a sign manual for a patent to revoke Mr. Dickens' patent of Woodward of New Forest and to constitute Edward Pyle, Esq., to that offièe during pleasure.
[Order for] a warrant for 31,325l. 17s. 2½d. to be issued to the Earl of Ranelagh by tallies on the fourth payment of the Two Millions for subsistence for the Forces.
[Also for] 8,861l. 15s. 2d. for the disbanded officers on half-pay from June 25 to Sept. 29 last at 91l. 7s. 2d. per diem: of this sum 5,815l. 7s. 9d. is to be satisfied out of money resting in his [the said Earl's] hands [but probably an erratum for in the Exchequer] of the 10,000l. refunded by the Trustees for Exchequer Bills, and the rest by tallies on the ninth payment of the Two Millions ("which will diminish the 25,000l. which was intended for the General [or Staff] Officers.")
[Also for] 240l. to [be paid to] the Drums and Fife: by tallies on the same ninth payment.
[Also for] 50l. to [be paid to] Capt. Harris: [by tallies] on the same ninth payment.
[Also for] 200l. to [be paid to] Stephen Caliau on his pension: by like tally [on the ninth payment of the Two Millions].
[Write] to Israel Hayes to be here to-morrow morning.
Order for the issue to the Earl of Ranelagh of 434l. 10s. 4d. out of loan money in the Coal Duty Act: to be applied to pay a bill due to Robert Heysham drawn by Col. Gibson.
The Agents for Taxes and Mr. Butts are put off till Friday morning. Ibid., p. 32.
Nov. 25,
forenoon. Cockpit, Treasury Chambers.
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Sir Thomas Littleton, Mr. Pelham.
Thirty-three accounts [are] declared.
[Order for] Mr. Nich. Baker to pay 10l. for apprehending John Hervey for coining; according to the [offer of reward in the] Gazette.
[Order for] the account of Mr. Butts to be referred to the Auditors of Imprests who are to examine the particulars with the vouchers and to search any other accounts to which this may have relation and to see whether Mr. Butts has fully charged himself with all the provisions at the rates whereat he ought to be charged and whether the allowances by him craved are reasonable; and to make a state thereof and present the same to my Lords as soon as may be.
The [Principal] Officers of the Mint and Mr. Hayes [attend]. He [Hayes] will forthwith give security to answer his account of the Exeter Mint. Ibid., p. 33.
Nov. 28,
forenoon. Cockpit, Treasury Chambers.
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Sir Thomas Littleton.
Write a letter to Mr. Chr. Montague [Auditor of the Receipt] for issuing the sum of 29,648l. 0s. 0½d. upon the order in the name of Lionel Herne out of loans on the 3s. Aid for cancelling Exchequer Bills.
Write to the Navy Board to allow the Treasurer 1,924l. which he allowed to Mr. Levy for discounting 15,239l. on the two-thirds of the Additional Excise on [the authority of] Mr. Dodington's letter of the 25th inst.: and 5,304l. 11s. 2d. which the said Treasurer allowed the said Levy for discount of 39,100l. on the [Stamped] Parchment Duties on the said Dodington's letter of the same date: and 672l. 14s. 0½d. which the said Treasurer allowed the Bank [of England] for discounting tallies of anticipation for 113,674l. 2s. 9½d. on the 200,000l. payable by the new East India Company in January next at 4½ per cent. per an., on the said Dodington's letter of the same date.
The Receivers of the Two Millions are to be paid their 16,000l. [as follows] viz. 10,000l. on the fifth payment [of the said Two Millions]; 3,000l. on the sixth payment; and 3,000l. on the seventh payment.
[Write] to Mr. Tho. Smith and Mr. Richard Poyke, clerks of the Cheque to the Messengers [of the Chamber], to attend on Wednesday morning.
[Order for] Mris. Kirke to have 250l. [as royal] bounty: by [according to] warrant of the Lords Justices [England]. Treasury Minute Book, Vol. XI, p. 34.
Nov. 30,
forenoon. Cockpit, Treasury Chambers.
Present: Mr. Chancellor of the Exchequer, Mr. Stephen Fox, Sir Thomas Littleton, Mr. Pelham.
The Victuallers [attend]. They give my Lords a memorial of 120,000l. in salt tallies [which they have procured to be] discounted at several rates making one with another 4l. 9s. 9½d. per cent.: which my Lords approve.
[Write] a letter to the Earl of Ranelagh that out of the 214,000l. for arrear of subsistence in Flanders he do pay the undertakers for bread and forage, clothing and quarters according to a memorial now presented per Mr. Hill.
[Order for the issue of] 450l. 5s. 0d. to the Earl of Ranelagh out of the seventh payment of the Two Millions: to be paid to Mr. Paget viz. 66l. 5s. 0d. thereof for subsistence in Cholmondley's Regiment 1697–8, Feb. 23 to Nov. 14 as Chaplain; 219l. for pay as Mathem[atical] Lecturer in Flanders from 1696 April 1 to 1697 March 31; 165l. for pay as Mathematical Lecturer [to the Forces in England] from 1698 April 1 to Dec. 3. "He'll go with Norris to India."
Mr. Hill will out of the 214,000l. apply 15,000l. to pay assignments of the officers upon their arrears of subsistence for the year 1697 and my Lords will within 4 months make good the value to him for the purposes to which the whole 214,000l. was first intended.
Mr. Adrian says the two survivors in Sir Nicho. Crisp's patent (of the office of Collector outwards London port) are securities [trustees] for his children and he [Adrian] is deputy. The patent to John, Thomas and Nicholas Crisp (the latter is dead) of the office of Collector Outwards directs the Treasury Lords to admit the three patentees on the death of Sir John Wolstenholme.
Sir Jos. Herne says the two brothers will attend my Lords about this.
My Lords direct Mr. Adrian to produce copies of the former recognizances with the conditions at large. Refer to the [King's] Remembrancer the new security proposed.
Write the Customs Commissioners to attend on Friday afternoon about the [above] Collector's office. Mr. Adrian will acquaint Mr. John Crisp, Mr. Tho. Crisp, Secretary Vernon, and the Attorney and Solicitor General. Ibid., p. 35.