Volume 266
August 2-December 27, 1728

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Institute of Historical Research

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Joseph Redington (editor)

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1889

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'Volume 266: August 2-December 27, 1728', Calendar of Treasury Papers, Volume 6: 1720-1728 (1889), pp. 521-538. URL: http://www.british-history.ac.uk/report.aspx?compid=85121 Date accessed: 24 November 2014.


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August 2–December 27, 1728

2 Aug.1. Charles Wager to the “Honble John Scrope, Esq.” Has, with Mr. Consul Russell, perused the particulars of the present intended for the Emperor of Morocco. Cannot find that any thing can well be reduced, except the musical clock, guns, and pistols, amounting to 327l. 15s. Believes the chariot should be lined with “Cafoy,” which with the lace will come to 15l. more than the present estimates. But as there is a bill for Basha Hamet which appears not to be part of the Emperor's present, and that Basha is said to be out of favour, this might be deducted: viz., two silver teapots, a silver watch, and an air gun, amounting to 63l. 2s., and then there will be room to add a “glass scrutore” to the Emperor's present, and to make the addition to the chariot. Mr Knight the Surgeon's account of expenses in Barbary seems to me very reasonable.
Admiralty Office, 2 August 1728.
Also “An account of the cost of Bashaw Hammett's things, sent by Consul Russell to get mended, and what the Bashaw and his brother, the Governor of Tangier, desires may be brought them.” 3 pages.
5 Aug.2. Report of Ch. Wither, surveyor of the woods, to the Lords [of the Treasury], on the return of the Verderers and Regarders of the New Forest concerning the state of the fences and enclosures therein. By the statute 9 & 10 Will. III., the King and his successors were empowered to enclose 2,000 acres of the waste lands of the Forest (the whole containing 85,454 acres); and after the enclosure of the 2,000 acres they were empowered annually, for 20 years to enclose 200 acres. When the wood grown thereon becomes past danger of browsing of cattle, &c., and the same is laid open, the King and his successors may enclose the like quantity. The Comrs who were appointed, enclosed 1,000 acres and no more, and there is a very great and promising growth of young timber; insomuch that in the enclosure called Rhinfield only, there are 370,000 young oak and beech trees, out of danger from abuse of the cattle. The forest officers have represented that if Burley, Rhinfield, and Woodfidly enclosures are out of danger of the browsing of cattle, and may safely be laid open, that Brinley Coppices, Castle of Mall-wood, and Bugg-pits, ought to be kept well fenced from cattle. The damage done by the colliers and other trespassers is very great. Is of opinion that it would be well worth while to cause all trespassers to be prosecuted severely by the Attorney General. Advises that Burley, Rhinfield, and Woodfilly enclosures should be laid open to the waste of the forest, and that enclosures completing the 2,000 acres should be made.
Accompanied by memorial of the Verderers and Regarders of the New Forest, relating to the fences there. 4 pages.
[? About
6 Aug.]
3. Memorial of the late Comrs and Trustees for the Forfeited Estates in England to the Lords of the Treasury.
Christopher Cole for the Governor and Company of Undertakers for raising the Thames Water in York Buildings in the year 1720 contracted with memorialists for the purchase of part of the late Lord Widdrington's Estate, in the co. of Northumberland, for 57,100l. Several sums were paid into the Exchequer on account of the purchase thereof; but a considerable part remained unpaid, and the Attorney General has filed an information in the Exchequer against the Governor and Company to compel them to perform the contract. Memorialists have no interest in the contract except as trustees. Pray that their Lps solicitor may be directed to defend memorialists and pay the expenses of the suit.
In the Minute Book, Vol. 26, p. 130e, 6 Aug. 1728, is:—“Write to Mr Cracherode to appear for and defray the expence, if any, that the late Commrs and Trustees for Forfeited Estates in England may be put to on accot of the informacon now in the Excheqr against the York Buildings Company relating to their contract with the said Commrs for the purchase of the late Lord Widdrington's Estate, according to their memorial in that behalf.” 1 page.
[? About
6 Aug.]
4. Memorial of Mrs Ruperta Howe, Chief Rangeress of Alice Holt and Woolmer Forests, in the co. of Southampton, to the Lords of the Treasury. Desires that the true state of the case as regards the allowance for repairs and payments of Keepers may be presented to his Majesty so that orders may be given according to the former precedents. The repairs of the lodges in Alice Holt and Woolmer Forests will amount to 643l. 8s. Hopes the repairs will be ordered. Asks for two years and three quarters of the salaries of the Keepers due at Midsummer, to be paid “12th Aug. 1728” [but ? 2 Aug.].
Also estimates of the repairs.
In the Minute Book, Vol. 26, p. 131p, 6 Aug. 1728, is:—“Mr Chancellor says that the King consents to the making repairs and paying keepers' wages in Holt Forest notwithstanding the restrictive clause in the grant under which Mrs How holds the rangership thereof. So prepare a warrant for the said repairs and paying the said keepers upon Mr Wither's report made in that behalf.” Again, at p. 132d, 13 Aug. 1728, “Mrs. Ruperta Howe's peticon for repairs in Holt Forest and keepers' wages is read and orderd to be dispatched conformable to the Minute of the 6th instant.” 3 pages.
12 Aug.5. John Lawton to the Honble Mr Scrope. Has searched out and copied “come precedents of the ordinary and extraordinary methods practiced for innovating tallies,” which he sets out. [The precedents go back to the reign of Edw. I.] Observes that it may reasonably be imagined that there has been always a power, virtute officii, in the Chancellor and Barons of the Exchequer to remedy any casual loss of tallies by their warrant, as is now used; for the practice of innovating tallies appears by the rolls too frequent, to suppose the King was applied to on all those occasions. “Innovates” have been constantly granted, but all the authorities on which they were grounded formerly are not to be had in the Receipt side of the Exchequer. It is submitted whether an inquiry into this matter on the law side would not be proper, especially as it rather seems to have been, and does so now continue to be, the province of the Chancellor and Barons to grant their warrants in those cases, than of the Lords of the Treasury. Exchequer, 12 Aug. 1728.
Accompanied by copies of the precedents, 12 pages.
13 Aug.6. Memorial of Thomas Missing, contractor for Victualling the Garrison of Gibraltar, to the Lords of the Treasury. The Victualling Office at Gibraltar is so damnified and demolished by bombs, &c. in the last siege, that the contractor hath not room or shelter for the provisions; insomuch that large quantities have been, and still are, obliged to be exposed to the inclemencies of the weather. The Government have to provide sufficient storehouses. Prays that orders may be given to put the same in proper condition. 530 casks of beef and pork are exposed to the open air.
In the Minute Book, vol. 26, p. 139b, 22 Aug. 1728, is:—* * * “Ordered that the Agent Victualer there do take care all necessary repairs be performed, so as the publique may be freed from any demands of the Contractor for damage he may sustain for want thereof. Write to the Comrs of Victualling to order accordingly.” 1 page.
15 Aug.7. Memorial of the Comrs of Customs, Scotland, to the Lords of the Treasury. The old Bank of Scotland, some time ago, stopped payment of its notes, and immediately issued new notes, which are now called Cash or Specie notes; while the Bank refuses to pay its old notes. Upon a question of law, before the Lords of Session, for recovering payment of the old notes, they adjudged that no summary execution could pass thereupon, as in other cases, by which the possessor of such notes is subject to a long and expensive process before any recovery can be had. These notes have ever since the Union been received by all the officers of the revenue as cash, and lest the revenue should suffer they ask that some directions may be given. “Custom ho, Edinbr, 15 August 1728.”
In the Minute Book, vol. 26, p. 164ƒ, 23 Oct. 1728, is:—* * * “My Lords are of opinion that the publique money in the hands of any of the King's Receivers should not be suffered to remain with persons who refuse paying their notes, but suspend the issuing any orders about the same till this day sevennight in expectation of my Lord Isla's being then in town for their Lordps to discourse him thereupon.”
Again:—p. 181b, 31 Dec. 1728, “Write to the Commrs and Excise in Scotland acquainting them that my Lords have considered their respective memorials relating to the cash notes of the old Bank, and for the reasons therein menc[i]oned their Lordps are of opinion that the notes of the said old Bank ought not to be received in the revenue, and direct them to govern themselves accordingly. 1 page.
27 Aug.8. Letter. Sir C. Wager to Rt Hon. Sir R. Walpole. Besides the money for the “Rescrit” he will want for Bashe Hamet's account and on two other accounts 524l. 0s. 11d. In the Minute Book, vol. 26, p. 140ƒ, 27 Aug. 1728, is:—“Sr Charles Wager having certified my Lords that Consul Russel's accot of his journey to and from Mequinez is reasonable, prepare a sign manual for paying to the Consul the ballance due thereupon and 300li for his intended journey.” 1 page.
29 Aug.9. The Duke of Newcastle to the Lords of the Treasury. “The French Ambassador having, by order from his Court, made application to the King in behalf of the Dowager Lady Teynham, who is administratrix of the late Earl of Sussex, petitions for the payment of a sum of 20,000l. alledged to be due from the Crown to that family, as also for an arrear of interest on the said sum,” the Duke sends, by the King's command, the enclosed papers, which the Ambassador put into his (the Duke's) hands for their Lps' consideration and report thereon. Hampton Court, Aug. 29, 1728.
Accompanied by the petition of the above Dowager and translation thereof, which states that the 20,000l. was granted to the Earl of Sussex by King Charles II. on his marriage with the King's daughter, and that there was 11,800l. interest due on the death of Queen Anne. King George promised the Earl that he should be reckoned as one of the creditors of the late Queen for the interest, and that he should receive his quota of her effects and the principal sum of 20,000l. and interest accrued since. Prays that the interest may be paid to her, and that her case may be represented to the King for the payment of the principal and interest during the reign of his Majesty.
Also four other documents. 18 pages.
July to
August.
10. Thirteen papers, consisting of contracts, estimates, and tradesmen's bills, together with “An abstract of the different Tradesmen's Bills, who have agreed with Consul John Russell to furnish a present for the Emperor of Morocco, pursuant to the order of the Rt Honble the Lords Comrs of his Majesties Treasury.”
The bills amounted to 1,497l. 8s. 5d., and the following minute relates to them. See Minute Book, vol. 26, p. 131, 6 Aug. 1728. “Sr Charles Wager's letter of the 2dinstant, about abatements to be made, on Mr Russell's accot of the tradesmen's bills, for the present to be sent to the Emperour of Morocco, is read, and my Lords say the particulars must be so accommodated as not to exceed l,500li. So let Sr Charles Wager's letter and reducements be considered by Mr Russell; and he is thereupon to bring the whole within that sum, and then prepare a sign manual for issuing the 1,500li to Mr Russell for that purpose, in manner the money for the former present was issued, and under the same inspection.” 14 pages.
6 Sept.11. Copy of an attested copy of “Mr Attorney & Mr Solicitor Genl's report in relation to the King's right to the woods in the Massa. Bay, &c. Dated Decr 23d, 1726.” The copy was attested 6 Sept., 1728.
The opinion relates to the construction to be put on the Act of 8 Will. III., entitled “An Act giving further encouragement for the importation of Naval Stores,” &c. The Attorney and Solicitor General hold that the Act does not take away the right reserved to the Crown by the Charter of Massachusetts Bay in the 3rd of Will, and Mary, as to cutting trees of the diameter of 24 inches at 12 inches from the ground, whether the same are growing within or without any township. 3 pages.
18 Sept.12. Charles Corkyse to Christopher Tilson, Esq., at the Treasury Chambers, as to certain wax candles, wine, &c. imported by Count Broglio. All Foreign Ministers at their first coming have their baggage and what belongs to their equipage, with an allowance of wine, without duty, pursuant to the Treasury warrant relating to Foreign Ministers, but on their having new credentials to his present Majesty the Foreign Ministers have constantly paid duties for all the goods they have imported, except on their allowance of wine. Custom House, London, 18 Sept. 1728.
Accompanied by copy of a letter from the Comrs of Customs to Sir Robert Walpole on the same subject. 3 pages.
23 Sept.13. Thomas Tomkyns to the Lords of the Treasury. Brings to their Lordships' notice Mr Wood's proceedings, who claims to be able to make sow or pig metal with pit coal, and to furnish from thence bar-iron equally cheap with that made by the writer's method. Makes various strictures upon Mr Wood's invention, and says that what he has hitherto dispersed abroad, and declared to be metal of an extraordinary purity, is really far short in purity to pig metal, long since made with pit coal fire, and nothing superior to the ore itself. Hopes he may be at liberty to obstruct Mr Wood in his present request.
In the Minute Book, vol. 26, p. 151g, 24 Sept. 1728, is:—“Thomas Tonkyns' letter of the 23rd instant touching Mr Wood's proceedings in suing for a patent for melting iron with pit coal, which interferes with a patent before obtained by him, is read: But as the application to my Lords in this case is very improper, the matter in dispute being for the Secretary of State to consider, and not their Lorđps, they return no answer thereto.”
Again, p. 239g, 23 July 1729, is:—“Order of Council dated the 16 of June last, referring to my Lords the petic[i]on of Thomas Tomkyns, late cashire to the hawkers & pedlars, praying liberty from his present imprisonment, under an extent for a debt to the Crown; so as he may prosecute an undertaking, which is his by patent, of making iron malleable with sea or pit coal fire, is read. My Lords say that this debt is inexcusable, and that the publique affairs in Parliament have suffered by means thereof; and that his pretence of being the inventor of making iron malleable, in manner aforesaid, is no sufficient cause for his enlargement, nor can he, in their Lord[shi]ps opinion, be inabled by means of the said undertaking to make any satisfaction to the publique for the said debt.” 3 pages.
24 Sept.14. Petition of Robert Knaplock, Jacob Tonson, John Pemberton, and Richard Williamson to the Lords of the Treasury. Have been appointed by the Speaker of the House of Commons to print the several reports, “representation,” and votes mentioned in the account annexed. Have delivered as usual for the service of the House 658 of each of the same on each day of the Sessions; and by further order have delivered 5,600 more of the “Representation,” amounting to 591l. 1s. 10d.; pray for payment “as the like demands have been usually paid out of ye contingent expences of his Majesty's Civil Government.”
The account referred to.
The minute on the back on 29 July 1729 states that “My Lords understanding that the Votes delivered for the service of the House itself were not used heretofore to be paid for by the Crown, their Lord[shi]ps order that fact to be inquired into and stated, and enquire also whether the printed Reports for the House about the South Sea Directors' Estates, dated 6th Febry 1721 and 25 April 1726, and for which 32l. 18s. is charged in the said accot, were printed and delivered in this King's or the late King's time.”
In the Minute Book, vol. 26, p. 283, 7 Jan. 1729–30, is:—“My Lords reconsider Mr Tonson and Mr Knaplock's petition which was read 29 July last for 591l. 10s. for printing reports, votes, and representac[i]ons of proceedings in the House of Commons, and do thereupon agree that they be paid for all extrary papers and proceedings that the House may order to be printed; but their Lordps cannot advise that the King should be at the charge of paying them for the Votes dayly delivered to the House of Commons.” 3 pages.
27 Sept.15. The Attorney General (Yorke) to the Rt Hon. Sir R. Walpole. Has perused the Acts of Parliament which appear to concern a question submitted to him, and is of opinion that the 16,400l. 8s. per ann. “being now determined, falls into the Civil List, as a temporary incumbrance discharged; unless there be some Act subsequent to the South Sea Act, 6 Geo I., that makes any particular appropriation of it,” &c. Line. Inn, Sept. 27, 1728.
Also six other papers apparently connected with the above. 16 pages or parts of pages.
1 Oct.16. Report of Nicholas Paxton (in the absence of Mr Cracherode) to the Lords of the Treasury on the petition of Charles Townsend in behalf of George Townsend, Montague Bacon, John Atwood, and John Burton, late Comrs for licencing hawkers, pedlars, and petty chapmen. The debt due from the Comrs is 36,663l. 13s. 6d., towards recovery whereof several writs of extent have been issued out of the Court of Exchequer into the several counties where the Comrs had estates or effects, or where their persons might be taken. By the inquisitions taken upon such writs it appears that George Townesend was seized of goods to the value of 7l., and that George Townesend, late of Lincoln's Inn, Esq. (father of the said George), by will directed his Trustees and Executors to pay the rents, &c. of his estate in such manner as his eldest son (the said George) shall direct. Conceives that the Crown will stand in his place, and be entitled to the rents during his life, or until the debt is satisfied. The Trustees have filed a Bill in the Exchequer against the creditors to oblige them to prove their debts. By an inquisition taken 7 April 1727 it appears that John Atwood was, in the 12th year of his late Majesty, seized for life of the manors of Saxlingham … Saxlingham Netherhall, Saxlingham, Verdens, Thorpe Hall, and … and messuages, &c., situate therein, of the yearly value of 312l. 16s. 6d., which were seized by the sheriff of the co. of Norfolk. By an inquisition taken by the said sheriff, in the 13th year, it appears that John Burton was seised of messuages in Great Yarmouth of the annual value of 163l., besides some goods and chattels, which were also seized unto the King's hands. The said John Burton conveyed by deed, dated about 1712, divers messuages and premises in Great Yarmouth, Thurne, Oby, and Ashby, alias Askeby, to Trustees. Could not discover that Montague Bacon had any estate whatsoever. Has received proposals from Mr Robert Atwood for purchasing the estate of John Atwood, and from John Burton on behalf of William Burton. Makes suggestions as to the purchase money. The friends of Montague Bacon are willing to pay 100l. as a composition for his debt. He is maintained by his friends and is sometimes disordered in his senses.
Accompanied by the petition, three proposals and four affidavits.
By the petition it seems that an Act of Parliament was passed to enable the Lords of the Treasury to compound the debt.
Minuted:—“1st of October 1728. Read, and My Lords come to no determination thereupon, untill they shall be informed whether upon compositions of the like nature, yearly provisions have been allowed to the compounders out of their estates, for the maintenance of themselves and familyes, and order inquiry to be made accordingly.
“8th October 1728. My Lords resume the consideration of Mr Paxton's report of the 1st instant, touching the composition to be made with the late Commrs for licencing hawkers and pedlars, and having precedents laid before them, by which it appears that sums of money in gross have been usually accepted and taken for compositions, and no mention made of any allowance or defalcation for the maintenance of the compounders and their familyes, their Lordships are pleased to accept from the undernamed as a composition from them respectively, for the debt to the Crown, the following sums, viz.: from Montague Bacon 100li. From John Atwood 2000li. From John Burton 234li. So prepare a warrt on the Act of Parliament for making the composition with the aforenamed persons accordingly. And then there will remain on the said Act only George Townsend one of the said late Commrs to be compounded with.” 12 pages.
1 Oct.17. Report of the Comrs of the Revenue in Ireland to the Lords of the Treasury on the petition of Matthew Palin, gent. In the month of Jan. 1714, the petitioner, by a memorial to the Comrs of Revenue, Ireland, made discovery of the Crown's title to the lands, in the petition mentioned, lying in Westmeath, late the forfeiture of Henry Fitzgerald, who was indicted and outlawed for high treason. If the lands were not recovered it was to be at the expense of the petitioner, and he was to have a fourth part should they be recovered. This was agreed to. The title was tried in the Court of Exchequer in Easter term 1716, and a verdict found for the Crown. After great expense this was set aside. By a new trial a second verdict was found for the Crown and possession ordered. A lease was made by the Comrs of the said lands to Richard Berry, Esq., since deceased; but a writ of error was brought by the defendants in last Easter term to reverse the judgment. The petitioner was reimbursed all his costs, and has received a fourth part of the profits since the recovery. The Comrs of Revenue are of opinion that the petitioner has no just pretension to a custodiam thereof, to the prejudice of the heir of Mr Berry, or to any further gratification. Custom House, Dublin, Oct. 1, 1728.
In the Minute Book, vol. 26, p. 161s, 15 Oct., is:—* * * “My Lords agree with the Comrs that the petic[i]oner hath no just pretenc[i]ons to a custodiam of the forfeited lands of Henry Fitzgerald therein menc[i]oned, or any further gratification for his discoveries relating thereto other than the ¼ part of the profitts which he hath already received.” 3 pages.
22 July–7 Oct.18. Three letters from Thomas Tomkyns, one addressed to — Paxton, Esq., Solicitor to the Lords of the Treasury, a second unaddressed, and the third to the Lords of the Treasury, pressing to be liberated from the Poultry Comptor Prison, in order that he might superintend some ironwork apparently at “Oka-Moore” over which their Lordships had some control, and to prevent the men being dispersed, as they had now twelve months' experience. The work has always been intended as a school for the instruction of workmen who were to be drawn off from time to time and employed at other places.
One of the letters encloses a letter signed Rupert Hurst, addressed to Mr Tomkyns. The writer was employed at the works at Oka-Moore. The letter is dated at Cheadle, July 15, 1728. There is also a petition from Mr Tomkyns to the Lords of the Treasury, begging to be transferred to the Fleet Prison, as he was threatened to be turned over to the common side of the prison, and was in ill-health. It is minuted:
“Read 6 Augt 1728. My Lords say that in this case the liberty of his person entirely depends upon the sufficiency of the security which he sometime since proposed to give, but no such security having been reported to their Lord[shi]ps by Mr Cracherode, who was appointed to enquire into their sufficiency, their Lord[shi]ps can do nothing therein.”
In the letter to the Lords of the Treasury Mr Tomkyns says that he is advised that his confinement cannot be strictly legal, and gives the reasons, which he sums up thus;—either he must be accountable to the Crown or to the Commissioners; but as he is undeniably accountable to the Comrs he must not be to the Crown. His patent is his only dependence, and is seized, and it was esteemed to be worth a million to the nation. The letter is minuted:—“15 Octr 1728. My Lords say his confinement is by Excheqr process, and if he has reasons, he may apply to the Court of Excheqr to hear the same.” Dated between 22 July and 7 Oct. 1728. 9 pages.
May–8 Oct.19. Papers relating to expenses of Cossum Choja the Tripoli Ambassador, including a number of receipts for moneys paid for hotel bills, &c. by Jezreel Jones on his Excellency's account. Dated between May and 8 Oct. 1728.
There is also a petition of Jezreel Jones to the Rt Hon. Sir Robert Wallpole for allowance of money disbursed by him for “My ben Moosa Zeph Zeph, the Basha of Tangiers friend.”
Minuted:—“Read 18 June 1728. My Lords order 40li to be paid him to recompense his trouble in attending an African Officer from the Governor of Tangier whilst here, clear of all charges at the Excheqr.” 69 pages and small scraps.
13 Oct.20. Lord Townsend to the Lords of the Treasury. By his Majesty's command sends copy of a letter received from the Duke of Argyle relating to the fortifications which are to be carried on at Gibraltar. Asks for the money to be provided. Windsor, Oct. 13, 1728.
In the enclosure it appears that 1,000l per month was to be expended, and that the money given by Parliament would be wholly expended before the order could arrive.
In the Minute Book, vol. 26, p. 159c, 15 Oct. 1728, is:— * * * “Their Lord[shi]ps do agree to issue to the Treasurer of the Ordnance 8,000li by 1,000li a month to answer bills of Exchange as they shall be drawn from thence for that service with which my Lord Townshend is to be acquainted.” 3 pages.
14 Oct.21. Report of Edmund, Bishop of London, unaddressed—in respect to the right of appointment of a minister to the Savoy Church. Since the dissolution of the hospital it has been uncertain to whom the right of appointing belongs. During this uncertainty Mr Parry performed the duty for some time, and he (the Bishop) gave a certificate thereof, and obtained an order from the Treasury to receive the salary (20l. a year). In the same manner Mr Wilkinson applied for a certificate and this he (the Bishop) gave, believing that Mr Parry had relinquished the cure. Does not know that Mr Parry had any title besides bare possession. If his title is found to be valid, he is not injured by the payment made to Mr Wilkinson, &c. Supposes the thing he chiefly aims at, in presenting the petition, is to establish his title. It is much to be wished that full inquiry were made in whom the right of nomination rests, in order to settle a known legal minister. There has been great disorder and confusion among the inhabitants for some time past. It seems fit that the minister should be accommodated with a house or lodging.
Accompanied by the “petition of the Minister and Chapel wardens of the Precinct of the Savoy.”
In the Minute Book, vol. 26, p. 160, 15 Oct. 1728, is:—“Bishop of London's representac[i]on of the case between Mr Wilkinson and Mr Parry, touching their respective pretensions to the office of preacher at the Savoy Church, is read, and my Lords find no cause to remove, or dispossess Mr Wilkinson; and are of opinion that the house or lodging, if any, which Mr Parry had, as minister there, should be put into the said Mr Wilkinson's possession. And if no such house or lodging was possessed by Parry, that then Mr Wilkinson be admitted into those lodgings lately possessed by one Mr Synge, deceased, according to the desire of the Chappel Wardens and inhabitants in that behalf.”
[There is a further entry in the Minute Book at p. 329c, in relation to a dwelling for the minister, but it would seem to be the answer to another petition.] 3 pages.
18 Oct.22. Copy of the opinions of the Solicitor General (Talbot) and of “Jo. Chesshyre” as to what duty was leviable by the Collector at Whitehaven upon corn imported. Reference is made to “the Act for improvement of Tillage and the breed of cattle,” and it is stated that by that Act the rates to be paid for custom and poundage were for every quarter of wheat, when the same should not exceed the price of 2l. 13s. 4d. per quarter, 16s, and when the quarter exceeded 2l. 13s. 4d., then 8s should be paid, &c. 6 pages.
29 Oct.23. Lord Townshend to the Lords of the Treasury. The King having continued to William Finch, Esq., the same pay he received when Envoy Extraordinary to the States General, his Majesty desired their Lordships to give directions for paying him 8l. by the day until further orders: and to Brigadier Dubourgay, Envoy Extraordinary to the King of Prussia, 5l. by the day; and to Robert Jackson, Esq., 3l. by the day as Resident from his Majesty at the Court of Sweden, as well as bills of extraordinaries to the two last. 1½ pages.
23 Nov.24. Report of the Surveyor General (Philip Gybbon) to the Lords of the Treasury, on a memorial of the Lord Bishop of Oxford, who represented that the tenants of Stow Wood and Shotover Wood (on the surrender of a lease from the Crown for 60 years from 1636) were each bound to pay to the Bishop of Oxford 50l. a year, and that King William on 16 June 1696 granted to the late Duke of Leeds a reversionary interest for 31 years of the same woods from the decease of Queen Catherine without any notice of those pensions, so that they have now determined. King George I. in the 4th year of his reign also granted a lease in reversion of Shotover Forest “at the two yearly rents of fifty pounds and fifty pounds payable at the Exchequer without any notice of the fifty pounds payable as a pension to the Bishop. The lease will take effect from 5 Dec. 1736. The Bishop prays relief. The surveyor reports fully upon the effect of these leases, and concludes that from Lady day 1727 till the expiration of the grant to the Duke of Leeds in 1736, there is no rent payable to the Crown for all the above lands except part of 3l. 18s.d. per ann.; so that, during that lease, it seems impracticable for any pension out of these lands to be granted to the Bishop.
Accompanied by the petition. 5 pages.
28 Nov.25. Mr Auditor Harley to the Rt Hon. William Clayton, Esq. Has searched all the accounts of the Great Wardrobe from Queen Elizabeth to Queen Anne, but “cannot find that the particular vouchers, to maintain the actual payment of the sums expressed in these warrants, have been delivered to the Auditors, who pass these accounts upon the authority of the warrants. In King Charles the Second's time a Comptroller was established, who, together with the Surveyor, the Clerk of the Robes and the Clerk of the Wardrobe, signed the accounts. This method was continued during that reign, but from that time was discontinued by Lord Montague, who only signed the accounts. Has looked over many of the old accounts, but cannot find what fees were taken for “measurage and poundage, which surely were very considerable; because Earl Montague, upon the supersedure of his allowance of 2,200l. per annum, which was granted to him in lieu of these fees, insisted upon his enjoying the same, and that the supersedure of his salary could not deprive him of the ancient profits of the office.” Has been informed that an eighth of a yard and an eighth of a pound were formerly taken, when this office was far more extensive than it now is.
In the docket it is called a “copy,” but it seems doubtful if it is not the original.
With this is an official copy of part of a royal warrant previous to the year 1719 with some variations in the warrants made thereto relating to the duties of the officers of the Great Wardrobe. 6 pages.
30 Nov.26. “Representation about the Great Wardrobe made by Wm Clayton, Esqre, one of the Lords of the Treasury.” [This is a copy of an elaborate report from which may be gathered that] the demands of the Master of the Wardrobe amounted to 19,411l. 14s.d. (as appears by the enclosure “A.”) His demands for his own salary and allowances and that of his Deputy, the Clerk of the Wardrobe and for incident charges and also for divers salaries and allowances to officers and to tailors, arras workers and others amounted to 5,056l. 5s.d. being part of the above sum. The whole state and condition of the office has been enquired into, viz., as to passing the accounts before the Auditors of Imprests, the buying of goods, &c. The authority of the Master of the Great Wardrobe to buy goods, &c. is founded upon a warrant of the Lord Chamberlain of the Household (copy enclosed, marked “C.”) Whether the goods, when furnished, cost more, or less, than the estimate; or whether the estimate is well considered, is not examined by any body at the Treasury; but left wholly to the Master or his Deputy.
Mr Dummer, the Deputy Master, was examined at the Treasury. [Gives the particulars of his examination.] There is no contract in writing with any of the tradesmen, but merely by word of mouth when parcels are brought into the office, he sometimes makes an entry of the quantities, and sometimes does not. The Master of the Great Wardrobe and the clerk are the only patent officers. Mr Bumpstead, Clerk of the Robes, makes up the accounts of the wardrobe, but makes no abatements in the bills. He is appointed by the Lord Chamberlain and engrosses the account on parchment. The parchment warrant, the Latin Book, the Imprest Roll, and Dormant Warrants are all that are delivered to the auditors to pass the master's account. There is no person to check the workmen belonging to the Wardrobe; or to see that the work is well performed in the several palaces, &c. Upon finding no satisfaction from Mr Dummer's examination, the several tradesmen were examined. Most of them admit that if the goods were sold in their shops, for ready money, they could afford them a little cheaper. Some of them say they know of no allowance of poundage “except the 6d. p[er] £ duty.” As no abatement of the demands was likely to be obtained, a skilled person was shown the patterns produced of silks, laces and “Haratines,” and gave the prices at which he could furnish them, and the difference was from 4½d. to 4s. 6d. a yard less than those supplied. Recommends that some person should repair to the respective palaces, and see whether the goods contained in the bills and work done, answered in quantity, quality, and price, to those set down in the book transcribed from the bills. The packer who furnishes cloth and stuff voluntarily offers to abate about 7½ per cent. on his bill, &c. There are some items paid by the Wardrobe, connected with the army and navy that seem unreasonable to be charged to the Civil Government. Conceives it would be fully as reasonable to bring the pay of the army upon the Civil Government, since the Civil List has been separated from the Military Establishment, ever since the Revolution. [Gives the salaries, fees, &c. of the different officers.] The certain annual expense in the office, besides goods and work done, amounts to 6,126l. 0s. 8d. [Gives the manner and method of receiving the money at the Exchequer for the expense of the office, and of passing the accounts.] The Auditor passes the account without any alteration, or seeing any voucher, for any payment contained therein; and “this appears to have been the ancient method in which the accounts of this office have been passed. Steps had been taken to amend this method. From the year 1667 enquiries had been made by the Treasury, and Instructions were signed by King Charles II. for regulating the expense and passing the accounts, and some alterations were made in Queen Anne's reign and in that of King Geo. I., as contained in an enclosure (B). Nothing was done therein except that the annual expense in the reign of King Geo. I. was limited to 13,000l.; but the limitation was of no advantage for the expenses continued in the usual way ever since, and have far exceeded the limitation.
The enclosures are copied at the end of the report.
In the Minute Book, Vol. 26, p. 172a, 6 Dec. 1728, is:—“The King having layd his commands on Mr Clayton to make a thorough examination into the state, method, practice and condition of the office of the Great Wardrobe, he accordingly lays before my Lords a full and ample representation thereupon in writing, which is read and approved. And it is agreed that a copy thereof be made to be transmitted to the Duke of Montague, which representation is entered in the Warrant Book not relating to money No—pag.—” 17 pages.
3 Aug. and
3 Dec.
27. Memorial of Mr A. Cracherode to the Lords of the Treasury “praying payment of 391li 6s 10d due at his late Maty's decease for arrrs of his salary &c.” 3 Dec. 1728. [He had an allowance of 200l. per ann. for perusing and observing upon pamphlets and newspapers.]
It is accompanied by another memorial from him, dated 3 Aug. 1728, setting out a list of bills that had been demanded of him by various persons for moneys expended or for business done for his late Majesty's service. 5½ pages.
23 Nov.
to 5 Dec.
28. Letter signed “Jer. Dunbar to David Dunbar Esq. Surveyor General of His Majesty's Woods in America at his house in Clargys Street, Piccadilly, London.” Had written that he had sent Mr Armstrong and Mr Slade into the woods in New Hampshire and the province of Maine, where they were both taking care of the timber that is to be cut for the King's use. Designs to set out to-morrow morning to meet Mr Armstrong at Piscataqua, and to go with him from thence to Casco Bay, where the Contractors are at work, and after that to make a tour with him thro' the provinces. Sends two letters (copies), one from Mr Auchmuty, who is Advocate General, the other from Mr Armstrong, as to the state of the woods there and the laws relating unto them. Messrs Haley and Hamilton will set out for Anapolis as soon as the season permits. P.S. Has been informed that the General Assembly have within these two years granted several townships, on purpose to evade the Act of Parliament, whereby they are prohibited from cutting timber without townships.
Accompanied by the letters referred to. The first relates to the King's rights and the law in respect to the woods, and the second to the claims to cut trees within townships. There are also copies of two other letters which the Surveyor had received, viz., from Mr Robert Armstrong as to false representations sent home respecting him; and from Thomas Haley as to expected difficulties in their survey. 9 pages.
10 Dec.29. Report of the Barons of the Exchequer of Scotland to the Lords of the Treasury on the petition of the Legatees, &c. of Major James Le Blanc, deceased, respecting the disposition of the property of the latter. As no heir appears who can by the laws of Scotland succeed to the property, [his relations being Roman Catholics and debarred from the succession of heritable subjects] the same devolves upon his Majesty. The remains of the personal estate, when the debts are paid, will be inconsiderable. It having been usual for the Crown to grant gifts of “ultimus hæres,” they are of opinion that it will be a proper act of the Royal bounty to pass a signature for granting to Dr Thomas Young the real estate of the Major.
Also the petition. 4 pages.
16 Dec.30. An original Royal Warrant addressed to Edmund Bishop of London for publication of a notice in all the parish churches, of a collection of the benevolence to be made at the respective dwellings of charitable and well-disposed people, in each parish, to alleviate the distress in and about the city of London. The sums collected to be paid into the chamber of London, and to be distributed by the Lord Mayor. The Bishop was also instructed to call upon the Treasury for a sum directed by his Majesty to be paid as an example. 16 Dec. 1728.
On the outside besides the address is:—26 March 1728. Paid 1,000li Becher Mayor.” 2 pages.
[? About
24 Dec.]
31. Petition of Phillips Farewell and Richard Moore, Wharfingers, at Scotland Yard, Whitehall. Are undertenants of a parcel of ground in Middle Scotland Yard, Whitehall, adjoining the River Thames, which was granted to the Duke of Chandos and his heirs with free liberty of making a wharf for landing and carriage of goods. In October last the wharf was broken up, to make a drain, whereby petitioners have been prevented from doing any work. They have not only lost their business but have entirely lost their customers, and must be ruined unless relieved.
Minuted:—“It is a common sewer. The inconvenience must be submitted to.”
The Minute is also entered in the Minute Book, Vol. 26, p. 180e, 24 Dec. 1728, with this difference, that the words “if any” are added after the word “inconvenience.” 1 page.
26 Dec.32. Copy of the Attorney and Solicitor General's Report (P. Yorke and C. Talbot) to the Lords of the Treasury in respect to the preparation of the necessary instruments for perfecting his Majesty's contract, with the Lords Proprietors of Carolina, for the purchase and surrender of their title and interest in that province. Have considered the report of a Committee of the Lords of the Privy Council, of 26 March 1728, stating the proposals of several of the Lords Proprietors, “which were appointed by Order in Council, of 28 March 1728, and have inspected titles of the Lords Proprietors. It appears there are eight Lords Proprietors, of whom the Right Hon. Lord Carteret is one, who is no party to the contract. The other seven parts are alleged to be vested in the following persons, viz., one part in James Bertie and Dodington Greville, Esqres, as surviving Trustees under the will of Henry, late Duke of Beaufort; and the remaining six parts severally in the Right Hon. the Lord Craven, the said James Bertie in his own right, Henry Bertie, Esq., Sir John Colleton, Archibald Hutchinson and Joseph Blake, Esq. [State the difficulties as to the titles.] Conceive that a good title to these seven proprietorships cannot be made to his Majesty without an Act of Parliament, &c. As some progress must be made immediately, have prepared a draft of conveyance, with certain covenants. [The consideration money was 17,500l., and other matters are set forth in connexion with the same proprietorships.] 26 Dec. 1728.
With the above are (1.) “Alterations proposed to the draught by tho Proprietors' agents.” (2.) The Order in Council of 28 March above referred to. (3 to 8.) Copies of other papers relating to the same business. 27 pages.
27 Dec.33. Opinion of the Attorney General (Sir P. Yorke) on the case submitted to him, as to a proposed reversionary grant in perpetuity to Greenwich Hospital, of the North and South Foreland Lighthouses and Lights, previously vested in Robert Osboldstone, but then held by Greenwich Hospital for an unexpired term of 5 years, “which it is presumed His Majesty may so grant, notwithstanding the Acts of 12th, & 13th Wm 3d, c. 12th, s. 6, & 1st Ane, c. 7th, s. 7th, as was done in the case of the grant of the Lights at Milford, 1714, at Portland, 1716, at St Beshead, 1717, at Foulness, 1719, and of the Cashett Lights, 1723, 9o Georgii to Trinity House. And of sevl grants of Lights, since the said statutes, to private persons for terms of years exceeding the terms submitted by those statutes, viz.: of the Skerry Lights to Mr French, 1714, for 60y: of the Harwch to Sr Is. Rebow 1707 for 31ys, to commence 1725 to determine 1756: & of the same lights to Sr Is. Rebow 1716 for 60y, to commence from 1756.” 27 Dec. 1723. 2½ pages (brief size).
[? End
of 1728.]
34. Petition of Richard Shelton, Secretary to the Lords Proprietors of Carolina, to the Lords of the Treasury. Has been Secretary above 20 years to the Lords Proprietors of Carolina without receiving any constant payment for his regular salary or disbursement. In the late treaty between His Majesty and the Lords Proprietors for the sale and surrender of the Province to the Crown, there was an estimate made of the arrears due from the inhabitants, amounting to 9,500l. with an account of the claims of their officers, amounting to 4,824l. 7s. 1d., which ought to be answered out of the arrears. His Majesty granted 5,000l. to satisfy this demand. Claims payment of 1,039l. 7s. 1d. and 400l. rent for an office. Some of the proprietors who lately purchased their titles and signed an account which acknowledged the claims now refuse to allow and pay several of the articles and thereby reduce the petitioner to one-half. Prays for direction how to proceed for the full payment of his demands.
Also copy of the memorial of the Proprietors of Carolina to the Lords of the Treasury, and “an Estimate of Arrears due to the Proprietors of South and North Carolina” together with “An Account of the several Claims upon the Proprietors not yet adjusted.”
In the Minute Book, vol. 26, p. 238ƒ, 22 July 1729, is:—“Mr Paxton attending is called in, and also Major Horsey and Mr Shelton's petition, Secretary to the Lords Proprietors of Carolina, complaining of the reductions of his demands on the said proprietors, and that they be desired to take care that when the 5,000li be paid to them to satisfye the debts and demands which by the accot given in amounted to no more than 4,824l. 7s. 1d., whereof Shelton's is part, that the persons having such demands be satisfyed so as his Maty or their Lord[shi]ps may be effectually secured from all importunities about the same, and the arrears meant to be purchased for the said 5,000li may be no waies incumbred therewith.” Again, at p. 241a, 24 July 1729, is:—“My Lords at Mr Shelton's request order a letter to be writ to Major Horsey desiring him, together with Mr Lehuep to Inspect the books and accots belonging to the Lords Proprietors of Carolina and to state what is now due and owing from them to the said Mr Shelton as their Secretary.” 6 pages.
[? End
of 1728.]
35. Memorial of Sidney Godolphin and Thomas Jett, Esquires, Auditors of his Majesty's Land Revenues, in the several counties of England and Wales, to the Lords of the Treasury. Are obliged to send receipts and proclamations into the several counties of England and Wales, directed to the Sheriffs thereof, to give notice to tenants of the times and places of the several audits, where to pay the rents due to the Crown. The Comrs of the Treasury in the late reign granted their warrant to the Postmaster General, to pass the parcels from the Auditors, post free. For want of such warrant being renewed at Michaelmas last, 1728, most of the Sheriffs returned the parcels, so that the tenants had no notice where to pay their rent.
Pray a warrant for free postage of the same for the future 1 page.
1728.36. Memorial of Thomas Greig, Provost of Coupar, and the other magistrates and community of that burgh. During the time of episcopacy in Scotland, the Archbishop of St Andrews had right to the teinds of certain borough acres, lying in and about the town of Coupar, belonging partly to the town itself (as being a part of the town's patrimony) and partly to the inhabitants, the heritors thereof. The Archbishop, and afterwards the Crown, used to grant tacks or leases of the teinds, but the tacksman was never allowed by these tacks, or used to draw the teinds ipsa corpora, but only to exact two marks and a half, Scots, for each acre of the town's patrimonial lands, and two pounds money, as aforesaid, for each acre belonging to the inhabitants “holding burgage in name of Teind duty.” About the year 1676 the then Archbishop of St Andrews gave a tack of these teinds to the Duke of Rothes, then Provost of Coupar, and the Crown, as coming in place of the Archbishop, has from time to time renewed these tacks to the Earls of Rothes, who, till of late, were from the year 1676 almost constantly elected Provosts of Coupar. The above duties amount yearly to 500l., Scots, whereof the tacksman was bound to pay 35l., Scots, to the first minister of the town of Coupar, and 165l. “money foresaid” to the second minister, in all 200l., Scots; so that there is a free remainder to the tacksman of 300l., Scots, yearly. The stipend paid to the town's second minister is but about 800 marks yearly, which is by far too little, &c., and as the Earl of Rothes' tack is nearly expiring Provost Greig requests the advice and assistance of the town's friends, and specially of his Majesty's Advocate for Scotland, that a new tack may be obtained from the Crown, burthened with 200l., Scots, additional to the second minister. 1728. 1½ page.
[? 1728.]37. Petition of George Fitzgerald, of London, merchant, and James Smith, of London, refiner, assignees in a Commission of Bankruptcy awarded against Gilbert Langley, goldsmith, in behalf of themselves and other creditors, to the Lords of the Treasury. In June last the bankrupt took up several of his creditors' diamonds and a gold repeating watch set with diamonds, to the value of nearly 10,000l. He ran away into Holland and carried the goods with him. Through the Earl of Chesterfield [Ambassador to Holland] the effects were seized in Holland, and the jewels are in a merchant's hands there for the use of the creditors. These very jewels have been negotiated for several years past in London, and have paid his Majesty's duty when first brought into England. The bankrupt trusted several goods, &c. of great value to one John Gadbury at Rotterdam, who by virtue of a protection of the States General refuses to account with the petitioners. Pray for a warrant to bring over the jewels and watch, custom free; and that their Lordships will recommend the petitioner's case to Lord Chesterfield to make instances to the States General that Gadbury's protection may be superseded.
Minuted:—“The Commrs Customes to permit the petrs to bring over these diamonds & watch, & to be lodged in their warehouse, till their Lord[shi]ps determine whether the duty should be paid or not.” 1 page (brief size).
[Perhaps
about
1728 ?]
38. “A particular account of the orders past by the Governour and Council for which there is at present no fund.” The last date is in April 1728. There is nothing to show that the above is connected with the following document except that it is found with it.
Memorial of the Governor of Barbadoes to the Lords of the Treasury praying them to send directions to the Comrs of Customs for granting him a “Bill of Store” for his household goods and necessary provision which he is to carry with him to Barbados, viz., 50 tons of goods, two coaches and 10 horses.
Minuted:—“Upon affidavit made that they are for the use of his own family the Lds do agree to this.” 3 pages.
[? 1728
or a little
later.]
39. “An accot of the unavoidable charge and the meanes to prevent it, with safety, in case of a warr with France, which otherwise the nation must be at, in sending forces to the Island of Barbadoes for its security, which cannot be less than 2,000 men; if they resolve to preserve the same: on which Island (besides it's own importance) depend the safety of the Leward Islands and consequently the sugar trade to the Kingdom of England.”
The duty of 4½ per cent. towards the repair of the forts, &c. had been collected, but misapplied by order from England, and of late was made one of the funds for the Civil List. 1 page.
[1728
or later.]
40. Memorial of John Philp, one of the Auditors of the Accounts of his Majesty's revenues in Scotland under Sir James Dalrymple, General Auditor of the same [to the Lords of the Treasury] setting forth his claims to the office, and applying for a new commission.
At the foot is a note that his Majesty, upon the memorial, had appointed him by letters patent of 2 Nov. 1727 (Robert Arbuthnot being dead) to be deputy auditor of all accounts of the revenue in Scotland at a salary of 200l. per ann. “which office he has ever since executed.”
“With copys of Sr Davd Dalrymple and James Dalrymple's patents as auditors.” 12 pages.