BHO

William III: June 1698

Pages 278-334

Calendar of State Papers Domestic: William III, 1698. Originally published by His Majesty's Stationery Office, London, 1933.

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June 1698

June 1.
Kensington.
Commissions to Doctor William Loving to be physician and surgeon of the garrisons of the Isle of Wight; Mr. William Weddell to be lieutenant of Lieutenant Colonel Robert Stearne's company in Colonel Frederick Hamilton's regiment [S.P.44. 167. p. 330]; Mr. William Dudgeon to be ensign to Captain Henry Hay in the royal regiment of foot, commanded by George, Earl of Orkney [ibid. p. 332]; Robert Bridges, gent., to be ensign to Captain Leech's company in Sir Mathew Bridges' regiment. [Ibid. p. 334.]
June 1. Votes of the House of Commons. Numb. 144. (Printed.) 2 pp. [S.P.32. 10. f. 240.]
June 2. Votes of the House of Commons. Numb. 145. (Printed.) 2 pp. [Ibid. f. 241.]
June 2 & 3. Notes of proceedings in the House of Commons. 2 June. This day notice being taken of a great clamour raised in several places against the injustice done to the East India Company, it was thought fit to enquire into it and examine what grounds there were for it, before they proceeded further upon the subscriptions. And therefor it was moved that the House should go into a committee on Saturday next to consider that matter; and in the meantime that their books be inspected, to see how many of the new subscribers were of the old Company, and what irregularities were committed in relation to that subscription, and how the new subscribers have been treated by the old Company, and that their charters be laid before the committee.
June 3. The committee have their powers enlarged to look into the books of former years; when they made such large dividends as drew out their stock, and gave a false reputation to their actions. 1½pp. [Ibid. f. 242.]
June 2.
Whitehall.
Ja. Vernon to the Council of Trade. The Hudson's Bay Company having applied to the King that the Governor they are sending thither may have a commission like that which was granted them by the late King, I send you a copy of the commission, that you may report whether it be fit that such a commission be now granted, or what alterations ought to be made in it, with regard to the places the Company will remain possessed of in consequence of the late treaty of peace. Cf. Cal. S.P., America and West Indies, 1697–1698, No. 537. [S.P.44. 99. p. 517.]
June 2.
Whitehall.
James Vernon to Sir Henry Ashurst. This is to remind you of the account you promised of a Frenchman and three Indians, whom the French ambassador demands, and whom you thought were restored upon the making of peace. [S.P.44. 204. p. 185.]
June 2.
Whitehall.
Proceedings upon the petition of Lau. Booth, keeper of Chester gaol, setting forth that Mr. Hunt, having a grant of the place for life, has made over his right to him. He prays that his life may be exchanged for Mr. Hunt's. Referred to Sir Joseph Jekyll, Chief Justice of Chester. [S.P.44. 238. p. 223.]
June 2.
Whitehall.
Proceedings upon the petition of Sir Thomas Barnardiston, bart., and Sir John Robinson, knt., and of the mayor, aldermen and burgesses of H.M. borough of Sudbury in Suffolk, for an annual fair at Sudbury on Sept. 17th, 18th and 19th, for the sale of cattle and pedlar's wares. [In the margin. John Gibbons, mayor, Tho. Barnardiston, John Robinson, G. Elwes.] Referred to the Attorney General. [S.P.44. 238. p. 230.]
June 2.
Kensington.
Commissions to Mr. Arphaxad Rowleston to be captain lieutenant in Colonel Frederick Hamilton's regiment of foot; Mr. James Lilly to be lieutenant to Captain John Porter, and Mr. John Desmonier to be ensign to Captain Robert Pinsent, both in the same regiment [S.P.44. 167. p. 331]; Mr. Christopher Buck to be lieutenant of Captain Bradbury's company in the Marquis of Carmarthen's regiment of marines. [Ibid. p. 333.]
June 2.
Kensington.
Commission to Captain John Norris, commander in chief of the convoy for Newfoundland, to take upon him, during his stay there, the command and direction of the forts and soldiers there, to supervise the state of the provisions, ammunition and stores, and to bring home an exact account thereof for the King's information. [Ibid. p. 332.]
June 2.
Kensington.
Recommendation of Mr. Edward Redish to a child's place in the Charterhouse. [S.P.44. 163. p. 107.]
June 2.
Kensington.
Pass to Lady Elizabeth Herne, John, Sarah and Mary, her children, Mr. James Fraser, Sarah Wynne, Eliz. Burchalt, Anne Taylor, Margaret Whitton, Eliz. Shillingford, Jeremiah Ford, John Dodd and John Collier, her servants, to go to France. [S.P.44. 387. p. 154.]
June 2.
The Hague.
Pass to Mr. Benjamin Thimbelby, who had been for several years under the duke de Croy in the Emperor's service, and came hither with the duke. [S.P.44. 386. p. 17.]
June 3.
Whitehall.
J. Ellis to Lord Ambr. Williamson. The Comte de Bonde, the Swedish ambassador, is to have his audience of leave on Tuesday, and will be going soon after, having done nothing here that I can perceive, besides the returning the Garter. It is not yet said who shall succeed Sir P. Rycaut at Hamburg.
The old East India Company finds still some friends in the House, and they intend to make proposals on their side for raising two millions, which is the thing wanted, and must be found, one way or other, before the House rises, though it should sit to the time of its expiration by the Triennial Act.
Two instruments of ratification of the late made Triple Convention lie ready to be signed when his Majesty pleases. Endorsed, R. 16, 98. 3 pp. [S.P.32. 15. ff. 129–130.]
June 3.
Whitehall.
Ja. Vernon to the Council of Trade. Referring to your representation of 26 ult., concerning the commander-in-chief of the convoy to Newfoundland having the direction of the forts, and supervising the state of the stores, during his stay there, the King has granted a commission to Capt. Norris, commander of that convoy, accordingly. [S.P.44. 99. p. 517.]
June 3.
Whitehall.
Proceedings upon the petition of John Burdett and — Hourdebourg, gent., setting forth that they have made a new engine to bore all wood pipes or pumps to convey water. One man can therewith bore more in one day than otherwise in twenty. They pray for the sole use of the project for 14 years. Referred to the Attorney or Solicitor General. [S.P.44. 238. p. 247.]
June 3. Memorandum of two blank commissions, one for a lieutenant and another for an ensign, to be of the company of soldiers in Newfoundland. [S.P.44. 167. p. 333.]
June 3.
Whitehall.
Newsletter to Lord Ambassador Williamson. Notes of proceedings in Parliament. 2¾ pp. [S.P.32. 10. ff. 243–244.]
June 3. Votes of the House of Commons. Numb. 146. (Printed.) 2 pp. [Ibid. f. 245.]
June 3.
Kensington.
Warrant for a grant to Nathaniel Higgison, gent., of the proceeds of sale of The Navy, yacht. [S.P.44. 347. p. 302.]
June 3.
Whitehall.
Warrant to the keeper of Newgate to take into custody Richard Froget, for intercepting and breaking open several letters directed to members of Parliament, and taking out of them several bills of exchange, which he has owned. [S.P.44. 349. p. 77.]
June 4.
Whitehall.
R. Yard to Lord Ambr. Williamson. The business about the East India Company continues the great subject of discourse. The House of Commons have ordered enquiry into the condition and conduct of the present company, and upon the report it is probable will ground their Resolutions. I heartily wish things may be accommodated between the old company and present subscribers, that they may unite on one bottom, which will not only be best for both, but for the King's service. To-morrow the House is to consider this matter.
The King intends to go to Windsor next week, if the weather does not occasion a longer delay, for as it is at present there is little pleasure in the country; so long a continuance of bad weather was never known before. Endorsed, R. 16, 98. [S.P.32. 15. ff. 131–132.]
June 4.
Whitehall.
Proceedings upon the petition of Thomas Collier, governor of H.M. islands of Jersey, setting forth that the petitioner, as soon as he was able to bear arms, entered his Majesty's service, where for upwards of thirty years, both at home and abroad, he discharged his duty. He has spent in his Majesty's service most part of his estate. He prays that his Majesty would bestow on him and his heirs the lands and tithes hereafter mentioned, at such rent as his Majesty and his successors shall judge fit, viz: lands called the Fermes in the parish of St. Saviours in Jersey, wherein he might erect a small house for a dwelling place, and the meadow of Longueville in the said parish, also certain tithes in the parish of Gronville in Jersey, which lands and tithes amount together, as appears by the rental of his Majesty's revenues there, to twenty-one sous French money, which the barley makes, in sterling money £56 5s. 6d. p. ann.
Lord Jermyn, governor of the island, has the use of the lands and tithes during his life, by patent. The petitioner will endeavour to agree with him. Referred to the Treasury. [S.P.44. 238. pp. 217–219.]
June 4.
Whitehall.
Ja. Vernon to the Commissioners of Trade, transmitting the petition of George Harris, master of the Swallow of London, with annexed papers, for report as to what the King may do for his relief. [S.P.44. 99. p. 519.]
June 4.
Kensington.
Warrant for the denization of Otto, Baron Schwerin, a subject of the Elector of Brandenbourg. [S.P. 44. 347. p. 187.]
June 4.
Kensington.
Warrant for the presentation of Thomas Dunster, D.D., to the rectory of Marsh Gibbon in the county of Bucks., in the diocese of Lincoln, void by the death of John Dodd, and in the gift of the Crown. [Ibid.]
June 4.
Whitehall.
Certificate that Charles, Earl of Manchester, ambassador extraordinary to the republic of Venice, returned from that employment on May 21st last. [S.P.44. 348. p. 32.]
June 4.
Whitehall.
A similar certificate for Abraham Stanyan, esq., secretary to the extraordinary embassy. [Ibid.]
June 4. Warrant to apprehend James Seignorette, for suspicion of treason. [S.P.44. 349. p. 98.]
June 4. Votes of the House of Commons. Numb. 147. (Printed.) 2 pp. [S.P.32. 10. f. 246.]
June 5.
Kensington.
Warrant for a grant of the dignity of a baron of England to Christopher Vane of Rabie Castle, esq., by the title of Lord Barnard, of Barnard Castle in the county palatine of Durham. [S.P.44. 347. p. 226.]
June 6. Votes of the House of Commons. Numb. 148. (Printed.) 2 pp. [S.P.32. 10. f. 247.]
June 6 & 7. "Journal of the House of Commons." 6 June. The Bill for the Civil List was read the first time, and ordered a second reading. Then they went into a committee upon the Bill of salt. They left off last time upon a clause about rock salt, for which a drawback is desired, upon pretence to make it worked equally to the brine pits. But it was apprehended these would be distroyed by it, and therefore the 8 pence they demanded was rejected by a majority of about 60.
7 June. The Bill for settling the East India trade was read the first time. Before the Question was put for the second reading, a debate was moved in favour of the East India Company. Mr. Bohun, late governor thereof, recommended their case to the consideration of the House, and insinuated that they had done the utmost that the public might be accommodated. Mr. Moore explained it further that, if there was a necessity for putting an end to their company, that all justice should be done them in the manner of it: that a full valuation should be put upon their dead stock, viz: their forts and castles; and that the privilege granted them by their charter of the trade for 3 years should be preserved to them.
By the whole debate it appeared that an accommodation was intended, and what was said of the injustice or hardships done the company on one side, or of their ill practices on the other side, seemed to tend only to the procuring reasonable and moderate terms, that neither side should put on too great a stiffness. In the conclusion the Question was carried for a 2nd reading without any division, and Friday is appointed for it; that the company may call a General Court in the mean time, and consider upon what conditions they will come into the subscription; which if it can be adjusted, as there is a prospect of, it will make the remaining business of the Sessions very easy. 21/8 pp. [Ibid. ff. 248–249.]
June 6.
Whitehall.
Ja. Vernon to the Lords of the Treasury. I am to send you the enclosed letter of the Lords Justices of Ireland, with several queries relating to the forfeitures there, and the opinion of the judges upon some cases proposed to them: for your consideration: particularly as far as the revenue is concerned in the said forfeitures, and for your opinion what directions may be given.
Memorandum. The following original papers were enclosed:—
Letter from the Lords Justices of Ireland to Mr. Secretary, dated 19 May, 1698.
A paper of queries concerning the forfeitures of Ireland.
Questions concerning the Irish in relation to the late Act of Parliament.
The opinion of the Judges upon several questions.
Ld. Ch. Justice Pine's opinion on the late Act, as to such as died in the rebellion.
Mr. Justice Coote's opinion on the annexed State of the Case and Questions. [S.P.44. 99. p. 518.]
June 6.
Whitehall.
Proceedings upon the petition of William Shee, setting forth that the petitioner, though never in arms nor concerned in the late rebellion in Ireland, was by mistake indicted and outlawed of high treason, and a farm he held from the Duke of Ormond under a rent, being all he had, was seized into his Majesty's hands. By a law, lately made in Ireland, called 'An Act to hinder the reversal of several outlawrys and attainders,' the petitioner is disabled from reversing the outlawry so as to be restored, which will be his ruin. He prays a grant of the farm to some person in trust for him during the residue of the term. The Lord Chancellor of Ireland represented the case as deserving. Referred to the Treasury. [S.P.44. 238. pp. 223–224.]
June 6.
Whitehall.
Proceedings upon the petition of Capt. George Harris, setting forth that the petitioner's name being inserted in his Majesty's proclamation, and £1,000 promised for his apprehension, he surrendered himself, and his Majesty not only gave him his life but preferred him in his army. He humbly conceives himself entitled to the reward mentioned, and prays for payment. Referred to the Treasury. [Ibid. p. 231.]
June 6.
Whitehall.
Proceedings upon the petition of Robert, Earl of Roscommon; setting forth that Wentworth, Earl of Roscommon, left and made away all the estate of the petitioner's grandfather from the petitioner; that Cary, Earl of Roscommon (the petitioner's father), had nothing but what he had by patents and employments for services done to the Crown, two of which patents the petitioner has to produce, the one for Master of the Mint in Ireland, for which he received £500 p. ann. as salary, the other for the Vice Admiralty of Linster, or the royalty of the fishery in the same kingdom, all which in his death ceased except one patent and indeed the only one the petitioner's father was capable of leaving to the petitioner for £200 p. ann. which he was to be satisfied in for exchange of lands in moiety of the ferries in Ireland, which his Majesty was pleased unknown to himself to grant from the petitioner [sic].
The few houses in Dublin, left by the petitioner's father to the petitioner, were in the wartime quite destroyed.
The petitioner's father (soon after he had raised a regiment for his Majesty's service) died, leaving the petitioner the care thereof, where [sic] continued in his service, till (to his great misfortune) the regiment was broke, so that the petitioner was left quite destitute, and to this day there remains due £2,000 to the regiment. He prays either of the above mentioned patents or a pension. Referred to the Treasury. [Ibid. p. 237.]
June 6.
Whitehall.
Proceedings upon the petition of Robert Lee, esq., executor in trust for the younger children of Henry, late Earl of Stirling; setting forth that the late King James, when Duke of York, being desirous to buy the earl's interest in Long Island and other places in America, agreed to give £3,500 for the same, but that no part of the money was ever paid, nor of an annuity of £300 p. ann. which was promised in lieu thereof. He prays payment. Referred to the Treasury. [Ibid. p. 238.]
June 6.
Whitehall.
Proceedings upon the petition of Roger Laming, of Margate in the island of Thanet, hoyman; setting forth that he has for many years been a hoyman and common carrier to and from Margate and London. In Oct., 1693, one Thomas Child, then an officer of the Customs at Margate, put on board the petitioner's hoy some goods for London, which were seized at London by Peregrine Bertie, esq., an officer of the Customs, as prohibited goods: and the petitioner is informed that the goods, proving to be French silks and French lace, were afterwards condemned in the Court of Exchequer. And, although the goods were seized and condemned, yet in Trinity Term, 1696, an information of Devenerunt was exhibited in the Court of Exchequer against the petitioner, in the name of Sir Thom: Trevor, for their value; and on the 1st inst. a verdict was given against him for £760 damages. The petitioner was not present when the goods were put on board, but they were taken on board by his servant, John Edgington. The petitioner never knew what was in the packets, as appears by affidavits annexed, nor was he to have a farthing more for carrying them than is given for other goods. The petitioner has a wife and many children. The servant had no reason to suspect, the goods being put on board by an officer of the Customs. He prays that the Attorney General be directed to cause satisfaction to be entered upon the judgment. Referred to the Treasury. [S.P.44. 238. pp. 219–220.]
June 6.
Whitehall.
Proceedings upon the petition of Thomas Chute, clerk of the Crown, and Thomas Engeham, secretary of the Commissions in the High Court of Chancery, setting forth that time out of mind their predecessors have received a fee of £3 19s. 10d. from every nobleman or Custos Rotulorum, in England and Wales, made a justice of the peace; and a fee of £3 19s. 10d. from every private person of the Quorum, and £2 17s. 4d., if not of the Quorum, having a commission to be sworn, except only where the commissions of peace are renewed of course at the accession of a King.
Since 14 July, 1694, the persons mentioned in a list annexed have been placed in the commissions of the peace, and had commissions to be sworn by the Lord Chancellor's warrants and special order.
The petitioners have expedited the said Commission, with more than usual haste, by reason whereof their just fees have not been paid, nor have they received any fees for their pains. A loss is also occasioned to the revenue of Hanaper, into which (till lately) a fee has been paid by every person having a commission. They pray for an allowance and such further order as shall seem reasonable. Referred to the Treasury. [Ibid. pp. 221–222.]
June 6. Warrants for the apprehension of — Ambrose, — Unite, and Samuel Wise, for suspicion of high treason. [S.P.44. 349. p. 79.]
June 7–17.
Paris.
Lord Portland to William III. Owing to the King's long stay at Marly I have no news, and I have had two posts from England, without the honour of a word from your Majesty. On Saturday afternoon I went to Versailles to await the King's return. At supper he told me that he would speak to me the following morning.
When I went to his levee he ushered me into his closet, quite alone, and without any witness, and I stayed three-quarters of an hour. It is most important that your Majesty should be informed of what took place, but it is too private and too long for a letter, and I hope soon to tell you of it by word of mouth. At the close there were renewed protestations of esteem and friendship for your Majesty, and renewed assurances of a sincere intention to maintain a close and good understanding with you, and flattering expressions as regards myself; but, as to the various claims which I have made, I have gained no more than I have already told you.
The King spoke on various subjects, amongst other things by what route I should travel. I asked leave to go by Dunkirk. He replied that, if I wanted to take that road, I was passing near so many other beautiful fortified towns in Flanders, which ought to be seen, that I must not miss them; and that I should not be going eight leagues out of my way if I passed through ten fortified towns which he wished me to see. He then gave me a route by Cambray, Bouchain, Valenciennes, Condé, Tournay, Lille, Menin, Ypres, Winoxberge, Dunkirk, Gravelines and Calais. Although the road is not much longer, the time spent in seeing these fortresses will delay me a little, but I shall cut it as short as possible, and I don't think it will take me longer to go from Chantilly to Calais than I took in coming from Calais here.
The Prince expects me at his residence: I am leaving to-morrow morning to go there, and judging by the preparations which he has made for my reception, I doubt whether he will let me go when I intended, namely after one day's stay. But your Majesty may be sure that I shall not waste time. Portland.
Paris, the 17th June, 1698.
French, holograph, printed by Dr. Japikse I, p. 334, No. 250; cf. Grimblot II, p. 36. [S.P.8. 18. ff. 244–247.]
June 7.
Whitehall.
R. Y[ard] to Lord Ambr. Williamson. The business about the East India Company was again debated to-day in the House. The new Bill for settling that trade was read the first time. The House in general expressed a great regard for the members of the old company, and the second reading was put off till Friday, that the old company may make some proposal. Everybody is desirous that the old and new subscribers become one body. If they do this the money will be raised, which is what the Government would be very much eased by. I am very sorry you are troubled again with the gout. Endorsed, R. 23, 98. 1 p. [S.P.32. 15. ff. 133–134.]
June 7.
Whitehall.
J. Ellis to the same. It is whispered the Earl of Portland is designed for Spain.
Two persons have been killed in an extraordinary manner. The first, an apothecary's wife, a witness against one Audley, a dissenting preacher. He discharged two pistols at her in St. Martins Le Grand. The other was done yesterday by a Dutch soldier, who had been made to run the gantlope by his enseigne, unjustly as he thought. Endorsed, R. 23, 98. 4 pp. [Ibid. ff. 135–136.]
June 7.
Whitehall.
Newsletter to the same. A soldier, in the regiment of the Dutch Guards, having for some offence been ordered to run the gauntlet, yesterday morning he in revenge, about half an hour after, shot his officer, being a lieutenant by whose order it was done, as he was marching at the head of his company in St. James's Park. The officer immediately died, and another soldier was wounded by the same bullet; he that committed the fact was presently taken.
The Earl of Athlone arrived at Dublin the 27 ult.
Lady Spencer, sister to the present Duchess of Newcastle and wife to Lord Spencer, died on Saturday last of the small-pox. Endorsed, R. 23, 98. 3 pp. [S.P.32. 10. ff. 250–251.]
June 7. J. H. Pauly to [the King of Denmark]. Sire, I am very surprised to see myself charged in the annexed extract with I know not what negligence concerning the linen cloth which I claimed in England for H.M. the Queen, and of which I obtained restitution before my departure (see the first letter of Mr. Elis of the 4th Jan. of this year, who expressly admits it, and that of Mr. Vernon of 11th Jan., who not only confirms it but admits also, by another of the 3rd May, that the orders which had been given (N.B.) were not fully carried out). So that, all this having happened about 5 or 6 months after I left, the English gentry (Mrs. les Anglois) have no reason to accuse me of any negligence.
The main facts of this case are as follows: when the Swedish vessels were stopped (arrettes) at Plymouth, a year ago, towards the end of May, Mr. de la Valese d'Escorbiac claimed through me about 32 ballots in all for the King, the Queen, and the chief ministers of the Court, in which was included this linen, and 4 ballots of wine for the Comte de Reventlou. About six months later I received an order from M. de Ketschou, a groom of the Queen's chamber, to claim for the Queen and the Princess Royal some pieces de la toile de Marseille and a packet of gloves. I then applied to the Admiralty judge, Sir Charles Hedges, to draw his attention to the case. But he gave me to understand that the linen had been condemned, and that the only course was to appeal. So I decided to approach the members of the College des prises with a view to obtaining the release of the goods without appeal, and I presented to them a note and Mr. Ketschow's letter. As a result of my efforts they came to a very favourable decision, but without result; because Mr. Vernon, then one of the chief members of the College, refused to sign it; as it would allow a foreign minister to get something without the knowledge of the Secretary of State, which was contrary to usage. Thereupon one Pascal, one of the Commissioners of Prizes, but a most unreasonable man, reproached me openly that the gloves were really merchandise, and that I ought not to have claimed them; and he made so much difficulty and called my good faith so much in question that subsequently, even in the appeal itself, no one would listen to rhyme or reason. The Procureur and the lawyers of the King of England have always strongly disliked my methods, viz: to do my duty without collusion with them. This is what Sir Charles Hedges, the Admiralty judge, who has often been favourable to me, well points out in his letter of May 11th; that these gentlemen, as I had not been willing to play their game, had refused to make things easy for me.
But it is a pity that Mr. Vernon, now Secretary of State, was not at the time so easy as he seems to wish to be now, when the matter has become irremediable.
I doubt not that your Majesty and H.M. the Queen will do me justice and absolve me fully. Meanwhile the Admiralty judge in England promises, perhaps pro forma, to take steps for the recovery and preservation of the linen, without mentioning the gloves, the vessel on which it is having entered the river. If he can do all this now, why did'nt he do so before? and why does'nt he recover the gloves? No doubt because he was afraid of offending the lawyers and prize officers, who do not easily release what has once fallen into their hands.
I humbly ask your Majesty either to allow me to continue in my post in England, as our merchants wish, or to employ me elsewhere. Endorsed, R. 25 July. 2½ pp. French. [S.P.32. 10. ff. 252–253.]
Annexed:—
Extracts from letters of Mr. Vernon, Secretary of State, and of Mr. Ellis, his chief clerk; and of Monsr. Chevalier Hedges, Admiralty judge in England.
Whitehall, Jan. 4, 1697–8. The Admiralty judge informs me that the Queen's linen has been restored, and that the gloves you mention will fall into the hands of the prize officers. J. Ellis.
Jan. 11, 1698. I have enquired of the Admiralty judge about the things belonging to the Queen, and he tells me they were released long since, except some small things. J. Vernon.
May 13. I regret that the orders given in this matter have not been observed. J. Vernon.
May 13. I told you that I had ordered Mr. Ellis to enquire about the Queen's linen: he has received the following account from the Admiralty judge. J. Vernon.
May 11. Having seen Mr. Greg's letter and the certificates which accompanied it, I have made enquiry. Last November I ordered the restitution of some merchandise claimed for the King of Denmark; but the Queen's linen, not having been claimed, had been condemned; so that I could not restore it without the consent of the Procureur and the King's lawyers, whom Mr. Pauli had offended and who were unwilling to help him. I mentioned the matter to the Prize Commissioners, and I am told that on my recommendation this linen would have been delivered to Mr. Pauli a long time ago, if he had dealt frankly with them, but he claimed a quantity of other goods in the Queen's name, which upset things completely. I hear that the linen is on a vessel which has entered the river, and I have taken steps to have the Queen's linen kept for her. But you will do well to speak to Mr. Pascal about it. C. Hedges. 2¼ pp. French. [Ibid. ff. 254–255.]
June 7.
Kensington.
Warrant for a grant to Sir Cyril Wich, knt., and his heirs, of two fairs within the manor of Gaywood near Lynn Regis, co. Norfolk, on the 11th and 12th of June and the 6th and 7th of October yearly. [S.P.44. 347. p. 192.]
June 7.
Kensington.
Pass to Tho. Jolliff, merchant, to travel. [S.P.44. 387. p. 154.]
June 7. Votes of the House of Commons. Numb. 149. (Printed.) 2 pp. [S.P.32. 10. f. 256.]
June 8. Votes of the House of Commons. Numb. 150. (Printed.) 2 pp. [Ibid. f. 257.]
June 8,
9 and 10.
Journal of the House of Lords for Sir Joseph Williamson. 2½ pp. [Ibid. ff. 258–259.]
June 8,
9 and 10.
Proceedings in the House of Commons. [June 9.] Upon the reporting the Bill for the Civil List a clause was offered for saving the rights of those concerned in the Bankers Debts, which held a long debate whether it should be admitted.
Sir John Fleet presented a petition in behalf of the East India Company, praying they might be heard by their counsel before the second reading of the Bill for settling the trade. After it was read he spoke something of the ready dispositions they were in to do what lay in their power for carrying on the public service, and he should be glad if he knew what might be proposed to their General Court, which was to meet to-morrow morning. Mr. Bohun, Sir Joseph Herne, and Mr. Moore spoke to the same effect, but entered into no particulars of what they thought proper to be done. Sir Thomas Littleton came closer to the matter, that, as an accommodation was most desirable, he thought the points to be considered were the quick and dead stock, which were both valued together at 50 p. cent. He supposed the company would make it appear to be of that value, and warrant it for so much, provided there was no difficulty about the valuation of their dead stock, which they had always reckoned at £300,000: and he supposed it would not be much disputed, both as there was an inclination to favour them, and that their settlements in India yielded them, as they say, a yearly revenue of about £40,000. If there were any question made about their quick stock, and whether their effects would do more than pay their debts, that might be left to their own management during the 3 years; and such powers granted them as may be necessary for bringing home their effects.
Mr. Montague and others shewed a great willingness to make an ample allowance for the dead stock, to encourage their coming into the subscription. But they took care it should be understood that there was no expecting the subscribers should engraft upon the old stock, but, if that were aimed at, it was only to disappoint the subscriptions. That it was the business of the company to consider whether they had any proposal to make. They could not expect the House should propose anything, as was done in the case of the bank; since the case was so far different, as the bank was constituted by Act of Parliament, which made their consent necessary to any new alterations. If the company would make a reasonable offer, there would be no need either of complying with the petition or calling for the report of the committee that inspected their books; and therefore they moved that the petition should lie on the Table, which was accordingly ordered, till the second reading of the Bill.
The Lords returned an answer to a message that demanded seats for the managers of the impeachments as was usual, viz: the Lords had looked into their precedents and found the managers had always stood at their Bar, and they should proceed in this trial in the usual method.
[June 10.] The Bill for the Civil List was read a third time and passed, without any attempt to make any addition to it.
Sir John Fleet then presented a proposal from a General Court of the East India Company, offering to raise the two millions upon the fund given and for the sole benefit of the trade: which they would do by subscribing themselves, and opening their books for others to subscribe to their stock, laying it down for a foundation that it should be valued at 50 p. cent., computing their dead stock at 20 p. cent. and their quick stock at 30, which they would warrant effectual above their debts, and that they would make the payments good to the public in the manner that had been proposed.
This occasioned a long debate. Some were glad that the money might be raised both ways, but thought it might be more depended upon from the company; and in that case the reason and equity lay on their side: that the subscriptions should be made to them and preserved, besides that some privileges depended upon it in India which were granted by the Mogul to the company. And if that were dissolved the trade would be charged with some duties in India which they were now freed from. On the other side a great question was made whether they could be secure of the money this way, and it was thought strange that the company, who declared they could not subscribe because they were not able to raise £700,000, should now undertake for two millions; and there was no expecting that subscribers would come into them, their stock being under such a disreputation, and the last subscribers having been so ill used by the old company. Besides it was all along thought most advisable to take a new method for settling the trade, so that it might be less subject to monopoly. As for the privileges and exemptions they pretended to in India, there was no doubt but those were intended to be granted to the English nation in general, and it was evident the interlopers had the benefit of it. As to the guaranty offered for ascertaining the value of their stock, they could not see how they could make it good, and if they happened to be a majority in their General Court they could disown it at any time, and there appeared no manner of security that they could raise the money, but only sought delays to the disappointment of the Supply.
Some would have had a Question upon the proposal, whether it were receivable or not and fit to be further considered. Others were for the second reading of the Bill, which was put and carried by 135 against 99.
The Bill was then ordered to be committed, and the committee to sit upon it on Monday. A motion was made that the company should be heard by their counsel at the Bar of the House according to their petition. But it was thought most regular to refer that petition to the committee, who might appoint the time of hearing, and the King's counsel were to be heard at the same time against the rights they pretend to. 5½ pp. [S.P.32. 10. ff. 260–263.]
June 8.
Kensington.
Warrant to the Lords of the Treasury of Scotland to pay £200 to Mr. Andrew Kennedy of Clowburn, "conservator of the privileges of our ancient kingdom of Scotland in Holland," in recognition of his good services during the late war. [S.P. 57. 16. pp. 564–5.]
June 8.
Kensington.
Docket of the warrant granting to Mr. Andrew Kennedy, of Clowburn, the dignity of a baronet. [Ibid. p. 565.]
June 8.
Kensington.
Warrant to the Lords of the Treasury of Scotland, reciting that "Lieut. John Auchmouty, late lieutenant of our castle of Edinburgh, did out of his affection to our government leave the said castle, and brought several of the soldiers forth with him, upon the summons of the meeting of the estates of that our kingdom, while the same was kept out by the Duke of Gordon": and ordering the payment to him of 5s. per diem, being the pay he had as lieutenant there. [Ibid. p. 566.]
June 8.
Kensington.
Warrant for the payment of an additional salary of 500 marks a year to Hugh Brown, clerk of the bullion in Scotland. Mr. Brown was appointed to that office on Nov. 18th, 1696; since then he 'has considerably augmented' that part of the revenue. [Ibid. pp. 566–8.]
June 8.
Kensington.
Warrant to the Lords of the Treasury of Scotland, to pay to Eleanor Carlisle £20, and a charitable allowance yearly, upon consideration of her petition to the King; representing that she had lost her two brothers, Lancelot and Archibald, with her only son and child in the King's service; that her grandfather and father had been masters huntsmen to King James I of England and King Charles I; and that her uncle, Ludovick Carlisle, had been one of the esquires to the Queen mother, in which service he acquired £1,500, and put the same into the Exchequer of England, 'to which your petitioner has now undoubted right, the want whereof has reduced her to a very low, yea, starving condition, as can be made appear by a large certificate under the hands of nineteen barons and gentlemen, the two baillies, two ministers and and one elder of the town of Annand.' [S.P.57. 16. pp. 568–9.]
June 8.
Kensington.
Warrant to the same, to pay £10 to Alexr. Robertson of Fornock. [Ibid. p. 569.]
June 8.
Kensington.
Dockets of warrants for a gift of the escheat of Archibald Home, merchant in Edinburgh, to James Graham, merchant in Edinburgh [ibid. p. 570]; of the escheat of Henry Mein, merchant, to Hugh Blair, merchant and late Dean of Gild of Edinburgh [ibid.]; of the escheat of Robert Graham of Morphie to John Allan in Den of Morphie. [Ibid. p. 571.]
June 8.
Kensington.
Docket of the warrant for a charter of the third part of the shadow half of the room and lands of Auchterarne and third part of the shadow half of the mill, in favour of Alexr. Skeen of that ilk, with a novo damus and change of holding from simple to taxt ward. [Ibid. pp. 571–2.]
June 8.
Kensington.
Docket of the warrant for a charter in favour of John Buchannan elder of Carbeth, in life rent, and Moses Buchannan his second son, his heirs male and assigns, of the lands of Calquhoons Glenns within the parish of Balfron and sheriffdom of Stirling ('excepting as is above excepted'): proceeding upon the resignation of Alexr. Calquhoon of Glenns: with a novo damus: giving yearly to the king for the ward, nonentry, relief and marriage of the heirs of Moses Buchannan, as the same shall happen, a proportional part of the taxt duties of the barony of Luss, of which the lands were formerly a part, conform to the charters thereof granted to John Calquhoon of Luss, and another charter granted to Adam Calquhoon of Luss his brother. [Ibid. p. 572.]
June 8.
Kensington.
Docket of the warrant for a charter in favour of Nathaniel Spence of Lathalland and Margaret Gourlie, relict of Thomas Spence younger of Lathalland, in life rent, and of Thomas, eldest son of Thomas Spence and Margaret Gourlie [in tail male] of the lands of Lathalland 'and others,' upon Nathaniel Spence's resignation; with a novo damus and a union of the lands into a barony to be called the barony of Lathalland, with a change of holding from ward to taxt ward. [Ibid. pp. 572–3.]
June 8.
Kensington.
Docket of the warrant in favour of Sir Robert Murray of — of the lands of Faskin, half of Gatness and Ginimers-croft, half the mill thereof, with the teynds parsonage and vicarage of the said lands, lying in the parishes of — and sheriffdom of Lanark, which pertained to the deceased John Cleland of Faskin and are now forfeited for his treason and rebellion. [Ibid. pp. 573–4.]
June 8.
Kensington.
Docket of the warrant nominating Mr. David Bethun of Bandon, advocate, sole commissary of St. Andrew's for life, in consideration of the dimission of Mr. John Lindsay in his favour. [Ibid. p. 574.]
June 8.
Kensington.
Dockets of warrants for a gift of the office of commissary of Dumfries to — [ibid.], and of the sheriffship of the shire of — in favour of —. [Ibid. p. 575.]
June 8.
Kensington.
Royal warrant to the Lords Justices of Ireland to order the payment of £1124 3s. 35/8d. to Lawrence Stanyon. (Cf. Calendar of Treasury Books, XIII, p. 356.) [S.O. 1. 14. pp. 71–2.]
June 8. Warrant for the apprehension of Timothy Brenan and Eleanor his wife, for high treason in having been in the French king's dominions, since Dec. 11th, 1688, and returning into this realm without licence. [S.P. 44. 349. p. 80.]
June 9.
Kensington.
Royal warrant to the Lords Justices of Ireland, reciting that George Browne, of the Neale in co. Mayo, has by petition to the king represented that he never bore civil or military employment (except that of justice of peace, by commission issued in the 1st or 2nd year of the late King James, and once sheriff in the said county): that he was active in the preservation of his protestant neighbours: that he was always of constant inclination to our English government, and, being therefore suspected by the Irish, in the time of the rebellion, as disaffected to their government, suffered much by the loss of his personal estate, taken away by Rapparees and others our enemies there: that he has but a small estate and one only son called John, and the son has no other estate to depend upon: that neither of them is indicted or outlawed or under any conviction, but in regard the petitioner exercised the said employment for some short time after the abdication of King James without our commission he has asked pardon for himself and his son: that the allegations are confirmed by reports.
The warrant directs the Lords Justices to pass letters patent under the great seal of Ireland containing a free pardon to the petitioner and his son. [S.O. 1. 14. p. 74.]
June 9.
Whitehall.
Proceedings upon the petition of Sir Francis Brewster, knt., setting forth that his Majesty, upon a former petition, had granted a reference to Lord Capell, then lord deputy of Ireland, on which he made a report in favour of the petitioner, 'and a return of several lands in the county of Kildare and Meath, unto which the petitioner made out his Majesty's title, but are since granted away and the petitioner received no advantage thereby; so that his estate, iron works, and improvements, that were destroyed in the late war, still continue so: which is a great diminution to his Majesty's revenue as well as the ruin of the petitioner: which, with the petitioner's services and sufferings, are set forth in Lord Capell's report, now before the Lords of the Treasury.'
There is an estate in co. Kerry, lately the property of Sir Valentine Browne, and, by the forfeiture of him and his son Nicholas, now in his Majesty's hands, out of which and other lands in co. Cork, Limerick, etc., there is a grant of £1000 p. ann. from his Majesty payable to the Earl of Bellomont; and Browne's estate in co. Kerry joins and is intermixed with the petitioner's estate. On it there are some remains of woods that may be helpful in rebuilding the petitioner's ironworks.
He prays for a lease of all the estate of Sir Valentine Browne, commonly called Lord Kinmare, and his son Sir Nicholas Baker Browne, in co. Kerry, with the use of the woods. Referred to the Treasury. [S.P.44. 238. p. 225.]
June 9.
Whitehall.
Proceedings upon the petition of Henry Hills, printer and stationer of London, setting forth that Henry Hills, deceased, and Thom. Newcombe, about 1675, had a lease for 30 years for printing, 'and about 1688 leaves in his will the profits of the lease to his widow and three younger children, leaving only £20 to the petitioner, the eldest son, the father being displeased with him for his forwardness in endeavouring to serve your Majesty upon the Revolution, and particularly for printing a paper entitled the Prince of Orange's 3rd Declaration dated at Sherborne. The widow and two sons are papists, the sons being perverted by them, for they were baptised protestants. This widow did not remove from London till February last, and the sons have been in the French army in the late war and in arms [in] Ireland against your Majesty, and, though incapable by law of being executors or administrators, etc., yet the administration and will of the father are granted to the petitioner's younger brother, Gilham Hills, of whole blood, in trust for himself, the widow and her two sons, which the said Gilham now maintains beyond sea, out of the profits of H.M. Printing Office, to the great wrong of the petitioner. Their share and profits, etc., are forfeited to his Majesty, and, in 1695, was reported to be so by the then Attorney General upon a reference, on the widow and her sons' petition praying a pardon or a Noli prosequi.'
Whereupon the then Attorney General declared it was his opinion that the King, in point of law, might either grant the said forfeited estates to your petitioner, or pardons or Noli prosequis to the widow and her two sons; but no pardons, etc., are yet granted, and the widow and sons remain convict. The petitioner prays for a grant of the forfeitures and forfeited shares of the remaining term of the lease and what other estates shall be found subject to the forfeitures. Referred to the Attorney or Solicitor General. [Ibid. pp. 228–229.]
June 9.
Whitehall.
Warrant for the payment of the extraordinary expenses of Charles, earl of Manchester, late ambassador extraordinary to the republic of Venice, from 4th Oct., 1697, to the 21st of May, 1698. [S.P. 44. 347. p. 188.]
June 9.
Kensington.
Warrant for the pardon of Charles, Lord Mohun, for the murder of William Hill. [Ibid. p. 189.]
June 9.
Kensington.
Warrant for the payment to Elizabeth Heyford, widow to Col. Anthony Heyford, of a pension of six shillings a day, vacant by the death of Major John Lehunt. [Ibid. p. 190.]
June 9. Warrant for the apprehension of — Adamson, for suspicion of high treason. [S.P.44. 349. p. 81.]
June 9.
Kensington.
Warrant [for a licence] for Sir Francis Leicester, bart., who went into the French king's dominions since 11 Dec., 1688, to return. [S.P.44. 351. p. 52.]
[A like] warrant for Sir Thomas Stanley, bart. [Ibid.]
June 9.
Kensington.
Warrant for a pardon to Reginald Marriott, gent., of all offences in relation to the counterfeiting or false endorsing, any of the bills of credit called Exchequer bills. [S.P.44. 347. p. 191.]
June 9.
Kensington.
Warrant for reversing the outlawry of John Collins: he was outlawed for high treason in counterfeiting coin, and 'has discovered and apprehended several notorious offenders, against whom he is to give evidence.' [Ibid. p. 197.]
June 9. Votes of the House of Commons. Numb. 151. Printed. 2 pp. [S.P.32. 10. f. 264.]
June 10.
Whitehall.
Ja. Vernon to Mr. Hill. I have received your letter and have laid it before his Majesty, who is pleased to grant the same licence to Mrs. Ireland.
I shall be ready to assist Cusack in his return when you tell me he deserves it, and I hope if he begins to be serviceable there he will continue it when he is in England. I can't promise myself the same from Mr. Brathwayt, however his Majesty will grant him a licence. Fergus Grahme must have patience a little longer. My lady Preston was lately with me to solicit for him, and told me Lord Carlisle had moved the King in his behalf, but, not finding him then disposed to it, we must make the trial some other time.
I hope you will prevail that no hasty resolutions be taken against the vending our woollen manufactures on account of our Lace Act. I am very confident, if they find it grievous, that may be altered in another sessions. Our managers in the House of Commons have reprimanded the patrons of our bone lace for going so far in that particular, and declare themselves very willing to redress it in the next sessions.
'His Majesty pretty much wonders that the Spaniards should complain of the ministers being interdicted, since they begun it, and have not yet shewed us any better example, notwithstanding the interposition of the Emperor. If they have left it to the Court of Vienna to regulate that matter as they think fit, it is more than we understand. Count d'Aversberg tells us that Monsr. Schonenberg shall be admitted to do some public act as a minister, but we do not hear it is done, and in the meantime they expect the Spanish ambassador should be invited to Court; but his Majesty thinks it just that he who was first dismissed should be first recalled: and if the Imperialists and Spaniards will not show that complaisance at this conjuncture they will be less disposed to it at another. M. Schonenberg will have no reason to hinder the accommodation, since it is intended he shall stay there after it is made in a private capacity.' (Copy: v. sub. p. 334.) 3 pp. [S.P. 32. 10. ff. 268–269.]
June 10. Votes of the House of Commons. Numb. 152. Printed. 2 pp. [Ibid. f. 265.]
June 10.
Whitehall.
Newsletter to Lord Ambassador Williamson. [Proceedings in Parliament.] Yesterday the Lords were in a committee upon the Bill touching the African Company, and all persons concerned were called in and heard.
Their lordships have agreed to present an Address to the King about encouraging the linen manufacture in Ireland, and to discourage the woollen manufactory there.
The duchess of Lauderdale died some days ago at her house at Ham.
Mr. Grey, governor of Barbados, put into Plymouth the 6th instant, being on board the Soldado's Prize, in company of three other men of war bound to the West Indies.
Letters from Dublin, of the 4th instant, give an account that the Lords Justices had issued out a proclamation for the further proroguing of the parliament of Ireland to the 5th of July next, and that they intended to take a review this summer of all his Majesty's forces in that kingdom, which to that end are ordered to encamp in three several places. On the 31st past H.M.S. Feversham arrived at Galway, where she is to take on board about 120 friars, who are to leave that kingdom, in pursuance of the late Act of Parliament, and will land them in France or Spain, as they desire.
This morning was held a General Court at the East India House of all the adventurers; where it was resolved to make the following proposal to the House of Commons, viz., that they would undertake to raise the 2 millions desired, and to that end would open their books, and take in a new subscription of £1,250,000, valuing their present stock at £750,000, which is 50 p. cent., and obliging themselves to make the same good. The said £1,250,000 they would lend to the King, upon the terms proposed; and afterwards would raise amongst themselves £750,000 more, to make up the 2 millions. Accordingly this proposal was made to the House of Commons, but generally disliked, for several reasons too long to be here repeated, and the Bill read the second time, which was carried, upon a division, by 135 against 99. Then the Bill was committed for Monday, and counsel ordered to be heard for and against the same. 4 pp. [Ibid. ff. 266–267.]
June 10.
Whitehall.
R. Yard to the same. To-day in the House there was a long debate on the company's new proposal, which was much disliked: because first they could not think the company could raise such a sum, and next the House would not engraft upon the old stock, but would have the company come into the new settlement. The hopes we had of an accommodation are more distant than ever. If the company do not comply they intend to go on with the Bill, and to take no notice of them. However they will hear their counsel according to their petition; but they will not make much of this, for I am told the judges are of opinion that the King may determine the charter whenever he pleases. Endorsed, R. June 23, 98. 1 p. [S.P. 32. 15. ff. 137–138.]
June 10.
Whitehall.
J. Ellis to the same. I am sorry the gout has seized upon your writing hand, the liberty whereof is so necessary for a minister abroad.
Lord Mohun is to be pardoned for the last man he killed. Endorsed, R. June 23, 98. 3 pp. [Ibid. ff. 139–140.]
June 10.
Kensington.
Pass to Mr. Thomas D'Aeth and George Furman, to travel to France, Germany, Italy, etc. [S.P.44. 387. p. 154.]
June 11. Articles made the 11–21 June, 1698, for the intercourse of posts between England and France.
1. The post shall go from London for France and from France for London twice every week, that is every Monday and Thursday about 12 a clock at night.
2. The letters shall be received at Calais and sent forward for Paris, with all possible diligence.
3. The letters shall depart from Paris for England every Wednesday and Saturday at 2 a clock in the afternoon to arrive at Calais with all diligence, and there immediately to be put on board such packet boats as shall be appointed by Sr. Robert Cotton and Sr. Thomas Frankland to transport them to Dover.
4. The Marquis of Pompone shall pay all the charges of the mails between Paris and Calais, and Sr. R. C. and Sr. T. F. all charges between Calais and London, going and coming.
5. The packet boat shall go and come as before the war, and during the treaty of 1670, without molestation.
6. All franked letters from England, Scotland and Ireland for Lyons, Bourdeaux, Rochelle, Nantz, Bayonne and other towns beyond Paris franked to Paris, and for Morlayx, St. Malo, Caen and other towns of equal distance franked to Rouen, and all letters for Marseilles franked to Lyons, and all letters from the said places for England, Scotland and Ireland shall be carried by the ordinary post at the Marquis of Pompone's charges.
7. All letters from England, Scotland and Ireland for Spain, Portugal and Italy shall be carried by the French posts at the Marquis's charges going and coming.
8. For all which charges Sr. R. C. and Sr. T. F. shall pay to the Marquis 36,000 French livers yearly, by quarterly payments at Paris. And the Marquis shall not demand any other payment for the said letters.
9. The Marquis shall not receive the port of the franked letters, but only from Paris and Rouen to the places they are directed, excepting letters for Marseilles, the port whereof he shall take only from Lyons thither.
If any letters are franked at London etc. for the places to which the Marquis has a right, the Post Office of London shall account for them to the office of Paris, every quarter, and if any letters shall be franked at the office of Paris etc. for any places in England, Scotland and Ireland, that office shall be in like manner accountable for them to the office at London.
10. The office of Paris shall receive all ports of letters from England, Scotland and Ireland to Paris, and all places in Flanders, Hainault, Pais conquis et reconquis, Picardy, Alsace and Catalonia: and likewise all returns of letters from thence, without being accountable for them.
11. All letters from Spain for their ambassadors residing in England shall be accounted for by Sr. R. C. and Sr. T. F. to the Marquis, after the rate of 10 sols a single letter, 16 sols a double one, and 26 sols the ounce, and for all letters those ambassadors shall send to Spain 9 sols the single letter, and 24 sols the ounce, to be paid every quarter. Lists of such letters shall be sent on each side by every post.
12. All letters from Spain, Portugal, Italy, Marseilles, Lyons, Bourdeaux, Rouen and other places beyond Paris shall be put in separate bags, with lists of them, and the answers shall be sent from London in separate bags with lists to the office at Paris.
13. None of the post officers in France shall suffer any letters to be put under their cover, by which the office of London may be deprived of the port of them, and none of the post officers in England shall permit any letters from Spain for the Spanish ambassadors in England to come under their cover nor cover any letters from them, to hinder the office of Paris to receive the port of them.
14. There shall be weights in the offices of London and Paris approved of for weighing of letters.
15. All the bags shall be well sealed with the known seal of each office, and the letters of Calais shall be put in a bag by themselves.
16. Both parties shall use all lawful means to hinder any other conveyance of letters than by their settled posts.
17. This contract shall take place within eight days after the ratifications of it are exchanged, and it shall not be made void on either side without six months notice unto the other, during which time it shall be in force, and when it ceases, the sums become due to the Marquis shall notwithstanding be paid him.
18. Four copies of these articles shall be made, two whereof, one in French and the other in English, shall remain with Sr. R.C. and Sr. T.F., and the like two with the Marquis of Pompone.
Separate article:—
If Monsr. Pajot shall make it appear to Mr. Prior or other H.M.'s minister at Paris, that the Spanish ambassador's packets from England were heretofore constantly addressed to the office of Paris, under cover to Mr. Pajot, then he shall have a certificate of it from Mr. Prior or other English minister, and shall enjoy the contents of the 11 article of this Treaty, but if Mr. Prior etc. is not satisfied with M. Pajot's proofs, then he shall enjoy the contents of the said article only as to letters coming from Spain, and not those writt from London by the Spanish ambassadors. Endorsed, Extract of the Treaty between the Postmasters of England and France. The 11–21 June 1698. 5¼ pp. [S.P.32. 10. ff. 270–274.]
June 11. Votes of the House of Commons. Numb. 153. Printed. 2 pp. [Ibid. f. 274.]
June 11–14. Notes of proceedings in the House of Commons. 11 June. The House went into a committee and passed the Poll Bill. There were two clauses added, one of appropriation for seamen's wages and subsistance, and the other for the discharge of what is due to Quarters since December, 1696. The sums of £250,000 are allowed for each of these services. The £250,000 for the seamen is to be taken out of the Coal Bill at large, and the like sum for Quarters is to be taken out of the first money arising by the Poll.
There was another clause added, to enable his Majesty to take £600,000 out of the Aids that are or shall be given this year, and are not already appropriated for clearing the revenue of Excise and Post Office from the anticipations they are under, that they may make part of the provision for the Civil List. The remaining £400,000 that are to supply what those branches are defective for two years, will be taken out of the Bill for the two millions.
13 June. Then the House went into a committee upon the Bill for settling the trade to India, and counsel called in, viz., Sir Thomas Powis and Sir Bartholomew Shore for the company, and Serjeant Wright and Mr. Prat against it. The arguments run chiefly upon this point, whether the giving three years notice to the company for their dissolution should not be subsequent to some legal process against them that might shew judicially wherein their charter was unprofitable or prejudicial; which the counsel for the Bill did not allow to be necessary, since no more was required than to give notice under the sign manual or privy seal.
The hearing lasted till past 5, and when they were withdrawn the preamble of the Bill was read, and it was resolved to leave the Chair, and ask leave to sit again, which is ordered for tomorrow.
There was some little question about the form of proceeding, whether they should take any further notice of the petition, and what the counsel had argued, before they went on with the Bill; which is left undetermined; but it was said, now they were possessed of the Bill by reading the preamble, they must proceed upon it, without breaking off for any other debates.
14 June. Sir Henry Hobert made the report from the committee sent to inspect the East India Company's books, which among other things takes notice that the old company, from their first establishment in the year 1657 to the time of the new subscriptions in 1693, had divided 800 p. cent.; and that out of the new subscriptions they had taken £325,000, to repay the like sum that some members of the old company had newly advanced for fitting out their ships; and had taken other sums out of the said subscriptions, to discharge some of their debts: from whence it was argued that a notorious fraud had been put upon the new subscribers, the old company being so far from having a stock of £780,000, as they pretended, that in reality they had nothing in stock but the £325,000, which the members had advanced for fitting out those ships, and that was repaid again out of the subscribers' money.
Wherefore a motion was made that satisfaction should be given to the new members out of the effects and estates of the old company. This occasioned a long debate, that lasted till near 6 a clock. Those that argued against it said it would be time enough to think of relieving the new subscribers when they complained of their being ill used by the old company: at present they seemed to apprehend nothing more than the remedy: and that this question, being in the nature of a sentence, it should not be passed before the old company had been heard, what they could say to the report, especially some members being concerned to whom that privilege had always been granted. Sir Joseph Herne and Sir John Fleet, as members of the old company and the new, desiring time to be heard, the debate was adjourned. 3¼ pp. [S.P.32. 10. ff. 275–276.]
June 11.
Kensington.
Licence for Mr. William Daker, who went into the dominions of the French king since 11 Dec., 1688, to return. [S.P.44. 351. p. 52.]
A like licence to Mr. Thomas Jolly. [Ibid. p. 56.]
June 12.
Kensington.
Warrant for the grant of the dignity of a baronet of England to Sir Basil Firebrace of London, knt. [S.P.44. 347. p. 222.]
June 12.
Kensington.
Commissions to, Mr. Thomas Hussey to be captain of lieut. col. Edmond Wilson's company in the first regiment of foot guards, to take his rank as lieutenant colonel of foot; Mr. Richard Davenant to be lieutenant of lieut. col. Thomas Hussey's company in the same regiment, and to command as captain of foot [S.P.44. 167. p. 331]; Mr. Nathaniel Hussey to be ensign of that company whereof lieut. col. Christopher Yelverton, deceased, was captain, in the first regiment of foot guards. [Ibid. p. 363.]
June 12.
Kensington.
The king's approbation of Patricius Chaworth, Robert Sacheverel, Darcy Molyneux, George Gregory and William Gylby, esquires, to be deputy lieutenants of the county of Nottingham. [Ibid. p. 339.]
June 12.
Kensington.
Licence for Mr. Francis Brathwaite, who went into the dominions of the French king since 11 Dec., 1688, to return. [S.P.44. 351. p. 52.]
A like licence to Elizabeth Ireland. [Ibid. p. 57.]
June 12.
Kensington.
Recommendation of Mr. John Jones to a child's place in the Charterhouse. [S.P.44. 163. p. 107.]
June 13.
Whitehall.
Ja. Vernon to the Lords of the Treasury. I am to send the enclosed letter of the Lords Justices of Ireland, with papers concerning Nicholas Green, who has been lately arrested at Dublin, upon an action brought against him in the king's name, for fraudulently sending into France a ship laden with provisions on his Majesty's account. You are to consider what is alleged against Green and what is represented in his favour, and you are to hear the Commissioners of Victualling, who gave orders for freighting the ship with provisions and have directed the prosecution of Green, and you are to report whether the prosecution should be stopped. [S.P.44. 99. p. 519.] [Annexed]:
In January last Green petitioned the King in Council that a stop might be put to proceedings relating to a ship freighted by him with provisions, which was carried to France without his knowledge, and the King referred the petition to the Attorney General.
In February the Attorney General reports that Green had always adhered firmly to the protestant religion and interest, as appeared by certificates of the chiefest of the city and county of Cork, and had done considerable services for his Majesty during the siege of Cork by the Earl of Marlebourg, and was near the Duke of Grafton when he was killed, and had with his own hands brought in several proclaimed traitors. That he was no ways consenting or concerned in the carrying the provisions to France, for which he was tried for high treason and acquitted; by the loss of which provisions he is much impoverished; and he is of opinion there may be reason to stop any further prosecution.
On Feb. 17 the report was read before the King in Council and was ordered to be sent to the Lords Justices of Ireland.
On March 19th their lordships refer the matter to Lord Chief Justice Pine and Baron Echlin, judges of assize, who on May 19th report that Green had been indicted and acquitted by a substantial jury: that it appeared by certificates from the county of Cork that Green had been very zealous for his Majesty's service and the English interest, that he had hazarded his life at the siege of Cork and in taking several notorious Rapparees, and they believe him true to the protestant government.
On June 2 the Lords Justices write that Alderman Hoore, agent for the Commissioners of Victualling at Cork, had caused Green to be arrested at his Majesty's suit, before the report was made to them by the said judges of assize, or he had been heard. Thereupon they had directed the Attorney General to consider how they might resent this contempt of Alderman Hoore's. However they would not set Green at liberty till, upon a review of the whole case, the King should declare his pleasure, though they are informed Green is not able to make good the damage, if he should be cast, and that he has already been tried for his life on the same fact. [The following papers were enclosed]:
Lords Justices of Ireland to Mr. Secretary Vernon, 4th June, 1698, concerning Nicholas Green.
Copy of the Attorney General's report on his petition, 9 Feb., 1697. His petition. Copy of an Order in Council concerning him, 17 Feb., 1697.
Order of Council 27 January, 1697–8, concerning him. Grand Jury's certificate 12 April, 1698.
Lord Chief Justice Pyne's and Judge Echlin's report, 19th May, 1698.
His examination 16 January, 1697–8, before E. Prideaux.
Another 6 July, 1694 [sic], before W. Hovell, mayor of Cork.
Alderman Edward Hoare's examination before W. Hovell, mayor of Cork. [S.P.44. 99. pp. 520–522.]
June 13.
Whitehall.
Warrant for the apprehension of John Gibbons, for suspicion of high treason. [S.P.44. 349. p. 81.] A like warrant for — Rice. [Ibid. p. 82.]
June 13. Votes of the House of Commons. Numb. 154. Printed. 2 pp. [S.P.32. 10. f. 277.]
June 14–24.
Tournai.
Lord Portland to William III. Since writing my last letter to your Majesty I left Paris for Chantilly, where the prince received me with all possible honours, and on leaving Chantilly I followed the route sent to Henning, but the roads have suffered so much from the continual heavy rain that I could not reach Lille last night, and was forced to stay the night here. After seeing this fortress (place) I shall leave about noon; and this afternoon I shall see Lille, and continue my journey without further loss of time, so as to reach Calais on the 27th; where I hope I shall find a fair wind for crossing. I receive every kind of honour and attention at the fortresses through which I pass. The king commanded an engineer to accompany me everywhere, and gave orders to the fortress engineers to be on the spot to show me everything on the plans. The commandants of the fortresses entertain me also by the king's orders; and Marshal de Bouflers has sent an officer with me to conduct me everywhere. Tournay, the 24th June. Portland.
French, holograph, printed by Dr. Japikse I, p. 335,No. 251. [S.P.8. 18.ff. 248–249.]
June 14.
Whitehall.
Newsletter to Lord Ambassador Williamson. Monsr. de Bussy was tried on Friday last at the Old Bailey for coming out of France without licence, and was acquitted; it appearing that he had leave by an order of council to go out of the kingdom.
One Price was likewise tried the same day for counterfeiting of Exchequer bills, and was found guilty of felony.
A ship belonging to the East India Company, called the Amity, is arrived from India at the Isle of Wight. She came thence in company of another ship called the Royal William, and parted from her near the Cape of Good Hope. Endorsed, R. 27, 98. 2¼ pp. [S.P.32. 10.ff. 278–279.]
June 14.
Whitehall.
J. Ellis to the same. I have the honour of your Excellency's of the 20 inst., N.S., and am sorry to find your right hand is still under the subjection of the gout. Yesterday counsel was heard before the House of Commons for the old East India Company and the new one. One cannot tell whether of the two companies will have the better; the old one having a colour of justice and compassion on their side, and the new one interest and a present convenience.
The king intends to make very generous presents to the Suedes ambassador, his lady, his son, and several of his gentlemen. The Earl of Marlbourg is declared governor to the Duke of Gloucester, and his household is settled; but the other persons that compose it are not yet known. Endorsed, R. 27, 98. [Ibid. ff. 280–281.]
June 14.
Whitehall.
Proceedings upon the petition of Benj. Colinge, one of the keepers of the council chamber, setting forth that Charles II granted to John Hanson and Charles Shepheard the two places of keepers of the council chamber; in reversion after the decease of the petitioner and Nathaniel Cox, the present chamber keepers. Nathaniel Cox is dead, and Mr. Hanson is now to come in his place. Mr. Hanson and Mr. Shepheard, upon valuable consideration, assigned their interests to the petitioner. The petitioner is advised that the assignment in strictness may not be good; but that Hanson and Shepheard should have surrendered their grants to Charles II, that he might have granted the same to the petitioner or in trust for him.
John Cox, now a servant in the council chamber, and put in by the petitioner, pretends a right to that place of his brother before Hanson by a warrant from Charles II; although it recites that he is not to come in till Hanson's and Shepheard's grants determine: and Mr. Solicitor has reported to your Majesty these grants remain good in law. The petitioner's eldest son Richard is now educated under Mr. Bridgman in the council chamber, and he has another son, John, a scholar in Oxford.
He prays his Majesty will accept a surrender from Hanson and Shepheard, and regrant the same to the petitioner's two sons Richard and John. Referred to the Attorney or Solicitor General. [S.P.44. 238. pp. 226–227.]
June 14.
Whitehall.
Proceedings upon the petition of John Yarnold, gent., praying for letters patent for the invention of an engine very useful for draining mines, mears and marshes, and raising water for supplying towns, villages or houses wanting the same, and fit for several other uses, and works from any engine for the like purposes now in practice. Referred to the Attorney or Solicitor General. [Ibid. p. 231.]
June 14.
Whitehall.
Proceedings upon the petition of Elizabeth Boson, setting forth that her husband, Joseph Boson, wharfinger at Exeter, was very diligent and zealous in taking care of his Majesty's baggage, guns and stores, at his arrival in Torbay; for which service his Majesty's enemies ceased not until they had ruined her husband; who went afterwards to Barbados, where he died a few days after his arrival, so that the petitioner and three small children were left unprovided for. She prays for some pension or royal bounty. Referred to the Treasury. [S.P.44. 238. p. 232.]
June 14.
Whitehall.
Proceedings upon the petition of Captain John Mitchell, late commander of H.M. fireship St. Paul, setting forth that, when the fleet of Swedes was seized by Sir Geo. Rooke, he was appointed by him to seize the papers on board, by which means the greatest part of the fleet was condemned as lawful prize, the custom of the goods amounting to above £100,000. He prays for a reward out of his Majesty's share of the prize money. Referred to the Treasury. [Ibid. p. 233.]
June 14.
Kensington.
Warrant to the Lords of the Treasury of Scotland, to enquire and report on a petition presented to the King by the late tacksmen of customs and foreign excise, 'wherein they represent that they have been losers.' [S.P.57. 16. pp. 575–6.]
June 14.
Kensington.
Warrant to Ann, duchess of Hamilton, heretable keeper of the palace of Holyrood house, reciting that parliament is shortly to meet at Edinburgh and that the palace must be prepared with all possible expedition for the accommodation of the King's Commissioner. The duchess is required to take care that the keys of the royal apartment, and such other lodgings as shall be thought fit, be delivered to the Commissioner. [Ibid. p. 576.]
June 14. Warrant for the payment of the extraordinary expenses of Sir Lambert Blackwell, envoy to the republic of Genoa and the Grand Duke of Tuscany, from April, 1697, to April, 1698. [S.P.44. 348. p. 33.]
June 14.
Kensington.
Warrant to Ralph, earl of Montague, master of the great wardrobe, to deliver to Charles, earl of Manchester, captain of the yeomen of the King's bodyguard, 100 livery coats for the said bodyguard, and 40 for the yeomen warders of the Tower of London, all to be made alike of fine crimson cloth, lined with blue serge and guarded with fine blue velvet with a gold edging, with a rose and crown, our letters W.R., motto and scroll on back and breast on each coat, all with silver and gilt spangles; also 140 crimson cloth breeches, guarded with the same velvet and gold edging; 140 velvet bonnets with bands of crimson, sky colour and white ribbons; 140 pairs of blue woolsted stockings; 140 waist-belts of buff; 140 pairs of buff gloves and 50 carbine belts of crimson cloth guarded with the like blue velvet and gold edgings as the coats are. Also £140 for provision of cloth for watching gowns for each man, rated at 20s. apiece. [S.P.44. 167. p. 334.]
June 14. Votes of the House of Commons. Numb. 155. (Printed.) 2 pp. [S.P.32. 10. f. 282.]
June 15. Votes of the House of Commons. Numb. 156. (Printed.) 2 pp. [Ibid. f. 283.]
June 15–17. [Notes of proceedings in the House of Commons.] 15 June. The House sent to demand a conference of the Lords; at which they acquainted them that the conveniences they desired for managing the impeachments had always been granted them, and instanced in the trials of Lord Strafford and Lord Stafford; though those trials were in Westminster Hall, they sat only as a House of Peers.
The East India Company made some answer to the report from the committee about the abuses put upon the new subscribers; and, excusing its being imperfect by reason of the shortness of time, they were allowed to Friday next to make it more complete: and it was resolved in the meantime to proceed upon the Bill for settling the East India trade.
The Lords took the Commons' message into consideration and resolved not to grant what they desired. They divided upon it, and were four to one for insisting on their former resolution.
16 June. The committee sat till past 5, and went through with the Bill for settling the East India trade and have added the Salt Bill to it. The members of the Company were called upon, to know if they had any clauses to offer in relation to their concerns, and the privilege of trading for three years as is reserved by their charter. They answered the company had given no directions in it; but when they should see the whole scheme of the Bill, they would consider how they were affected by it. Mr. Montague therefore presented a clause in their behalf that they should have the liberty of trading for three years, to be accounted from Michaelmas day next: which was allowed, with another in favour of the interlopers, that they may bring home all their merchandizes in such ships as shall be cleared at the Custom House before the 24 of June next, provided they do not break bulk before their arrival in England.
Mr. Lowndes offered two or three clauses in relation to the company. One was that they should not take up money upon bottomry or at interest at above 6 per cent. This was thought reasonable for preventing their sending out ships to India on purpose to bring home an extravagant quantity of goods, whereby markets might be clogged for many years. The other clause was to order the company to discharge all just debts and demands upon them in India; to which their effects and dead stock are made liable; insomuch that if they make any dividend or alien or sell their stock or otherwise raise money, upon their dead stock or effects, that shall not be applied to the payment of the said debts and demands, they shall make them good out of their personal estates.
Before the House went into this committee the Lords sent to demand a conference, to acquaint the House how desirous they were to keep up a friendly correspondence with them, which had been shown by their great compliance on several occasions; and they thought that disagreeing with them on the point now in question might be a means to preserve it better for the future. They observed that the Commons grounded their pretentions on the trials of Lords Strafford and Stafford; but it ought to be remembered those were trials of treason and in Westminster Hall; but there were no precedents in their books in cases of misdemeanour and trials at their Bar; but that the Commons came thither without any other provision made for them; and that what is now desired was never so much as asked before; and therefore they could not but insist upon their former Resolution.
When this was reported the House appeared to be much dissatisfied at so ill usage, but they have adjourned the consideration of it till to-morrow.
17 June. Most of this day was spent in consideration of the Lords' message intimating that they insisted on their Resolution of not allowing any accommodations to the managers of the impeachments. Sir Rowland Gwynn proposed the sending another message to the Lords, different from the former; to let them know that in a trial of this consequence, which so much concerned the trade of the kingdom, they thought fit to appear at it in a committee of the whole House, and therefore desired it might be in Westminster Hall: which some joined in, as the way to assert their rights and to give the Lords a handle to come of. But others thought that whenever the Lords appointed a trial, where they were the prosecutors, the conveniences they asked ought not to be denied them; and that their waiving it, by any compliances, might rather dispose the Lords to persist in their refusal; and the rather since the Lords had already declared that all impeachments of misdemeanour were to be prosecuted at their Bar. If they would do themselves right they ought to insist on their demands, and justify it at a free conference; which they had found the benefit of, even in cases where the Lords adhered; and it was time enough to think of expedients when they found their reasons did not prevail. But to propose the building of scaffolds for a trial, when the sessions was ready to end, it would look as if no such thing was really intended.
The Question therefore for insisting was carried without opposition, and the managers were ordered to prepare for a free conference. The message for it could not be carried to the Lords, their House being up and adjourned till Monday.
The East India Company have made no further answer and perhaps will not, if the Bill proceeds. 4 pp. [S.P.32. 10. ff. 284–285.]
June 16.
Kensington.
Warrant to the Privy Council of Scotland to further adjourn parliament from July 12th to July 19th prox. [S.P.57. 16. p. 577.]
June 16.
Kensington.
Warrant adding Sir Hugh Dalrymple of North Berwick, president of the College of Justice, to the commission for plantation of kirks and valuation of teynds. [Ibid. pp. 577–8.]
June 16. Votes of the House of Commons. Numb. 157. (Printed.) 2 pp. [S.P.32. 10. f. 286.]
June 15–20. Journal of the House of Lords, for Sir Joseph Williamson. 2½ pp. [Ibid. ff. 287–288.]
June 17.
Whitehall.
R. Y[ard] to Lord Ambr. Williamson. The old company are making all the opposition they can. I wish a way could yet be found to accommodate matters, though there is little appearance of it, the old company being warm and full of complaints.
The Lords and Commons are not like to agree about the trials of Godet and others, who by this means are like to escape. The Commons insist to have a place provided for their managers at the Bar of the Lords' House; and the Lords refuse it, as without precedent, when the trials are in their House.
The earl of Marlborough is made governor to the duke of Gloucester: it is said the bishop of Salisbury is to be his tutor; George Churchill his treasurer or comptroller; and Lord Godolphin's son Master of the Horse. Endorsed, R. July 2. 1 p. [S.P.32. 15. ff. 141–142.]
June 17.
Whitehall.
J. Ellis to the same. There is no good understanding at present between the two Houses, on occasion of the impeachment of the French merchants, the Lords refusing to allow the managers of the Commons a place apart to stand conveniently in. Endorsed, R. 2 July. 3 pp. [Ibid. ff. 143–144.]
June 17.
Whitehall.
Newsletter to the same. Three regiments of foot are ordered for Ireland, viz., Fairfax, Columbine and Greenville; and transports are providing for them accordingly.
The matter about the pacquet boats between Dover and Calais is almost adjusted between us and the French, and in all probability the pacquet boats will now begin to pass very soon as formerly.
[Proceedings in Parliament.]
His Majesty has appointed the earl of Marlborough to be governor to the duke of Gloucester, whose family is now going to be formed. Endorsed, R. 2 July. 2¾ pp. [S.P.32. 10. ff. 289–290.]
June 17. Votes of the House of Commons. Numb. 158. (Printed.) 2 pp. [Ibid. f. 291.]
June 17.
Whitehall.
Ja. Vernon to the Commissioners of Trade. It has been represented to the King that Mr. John Netherway has a considerable estate lately fallen to him in Nevis, and Mr. Netherway has prayed the King to grant him his letter to be one of the Council of that island. You will inform yourselves of his character and qualifications, and report. (Cf. Cal. S.P., America and West Indies, 1697–8, No. 580.) [S.P.44. 99. p. 529.]
June 17.
Whitehall.
Proceedings upon the petition of Edmund Chamberlain, setting forth that he being charged for the killing of one Edmund Dodge, his Majesty, by warrant, signified to the justices of assize that in case he should be convicted of manslaughter they should forbear burning his hand till his Majesty should signify his pleasure. The petitioner was found guilty of manslaughter at the last assizes for Gloucester, and the judges respited the burning. The petitioner begs his Majesty to pardon the same, and to permit the justices for the Oxford circuit to insert his name on the next general pardon for that circuit. Referred to Mr. Baron Hatsell. [S.P.44. 238. pp. 227, 228.]
June 17.
Kensington.
Pass to Walter Gough and Monday Musters, esqs., with their servants, Moses Rose and Morgan Price, to travel. [S.P.44. 387. p. 154.]
June 18. Votes of the House of Commons. Numb. 159. (Printed.) 2 pp. [S.P.32. 10. f. 292.]
June 18–21. [Journal of the House of Commons from June 18 to 21, '98.] 18 June. Mr. Montague asked leave of the House for bringing in a clause to the two million Bill; to enable the Commissioners of the Treasury, when they think fit, to receive bank bills instead of the money coming in upon this year's fonds; and that the law requiring all payments to be made in the Exchequer in specie might be so far suspended till the end of the next sessions of parliament. The reasons he gave for it were, that it would be a means for keeping the money in the country and help to augment the species; and the bank bills continuing at par, as they are now, it would have no inconveniency; and, if there should be any discount upon them, in that case the Treasury would not receive them. This was opposed as a matter that would be advantageous to the bank only, and troublesome to everybody else, who should have paper forced upon them from the Exchequer, and nobody could tell how long the bills would continue at par. The House divided upon the Question, but it was carried to give leave for such a clause by 100 against 75. Others moved for another clause to enforce the bank to pay their bills upon demand, and that they should keep as much money by them as they issued bills; but that was thought unnecessary, and contrary to the nature and institution of a bank, and, if it were generally required, would destroy all credit whatsoever. The bank is already tied up not to issue more bills than their fond can answer for, and it is already provided that, if any of their bills are refused to be paid, upon complaint to the Treasury satisfaction is to be made out of the money issuing to the bank from the Exchequer. This proposition therefore was rejected.
The House went on upon the report of the two millions Bill. Mr. Moore moved for the recommitting, upon some omissions he took notice of; that there was less care of the public in this Bill than was in the East India Company's charter, by which they were obliged to carry out every year to the value of £100,000 of the woollen manufacture, and to furnish the King yearly with so many tons of saltpetre at a settled price, which the Bill made no provision for. And the company would still be obliged to continue it in the three years that were reserved to them, when the subscribers were under no such obligation at all.
He insinuated that the company was to hold a General Court on Monday next at 8 in the morning, and it might be worth while to see what proposal they should make for an effectual raising the money; which nobody could answer for at present; and, as the Bill was framed, it seemed intended only for the raising a million; since, when that should be subscribed, no more was required to incorporate those who should be solely invested with the trade; and he seemed to assure them that they might depend upon that sum from the company.
Sir Christopher Musgrave was for allowing so short a time to consider well of what they were doing, that they ought to take the most secure and reasonable ways for coming at the money. He thought if any would undertake it, and pay down 2 or £300,000, as a pledge of their performance, that was more to be depended on than bare promises of endeavours.
Others wondered that, after the company had made a proposal for raising the two millions, they should think now of bringing it down to one: and the same objections were made that they could do nothing without subscriptions, and nobody had so good an opinion of them as to engraft upon them.
But it being considered that they could not go through the whole Bill to-night, it was agreed they should only finish that part of it which related to the salt duty, and to go on with the rest on Monday.
There was a debate again between the rock salt and brine pits. It is now carried that the rock salt shall have a drawback allowed them. It was in a thin House, there being 39 against 35.
The House sat till 6.
20 June. Sir John Fleet brought a paper from the General Court taking notice of their former proposal of the 10 inst. about raising the 2 millions, and, for making it good, the subscribers to that paper undertake to pay in £200,000, in such manner as the Bill shall direct, and that this sum shall stand as a security for their subsequent payments.
Upon the presenting this paper a motion was made for recommitting the Bill, and that the proposal of the company should be referred to that committee.
Then Mr. Montague presented a paper from 10 or 12 of the subscribers, in the name of the rest, setting forth that they had already subscribed £1,350,000, and desiring they might have a preference for such subscription, and they would be obliged to make it good in the manner and upon the terms the Bill should direct.
After a debate who ought to be preferred and who were most likely to perform, Sir Robert Rich desired to be satisfied whether the old company would undertake to raise the money upon the frame of the Bill as it is now drawn: that the necessity of a monopoly may be avoided, and the subscribers left at liberty to carry on that trade either in a joint stock, or separately, as they think fit.
Mr. Montague and Mr. Smith declared that, if they would come in on those terms, they should make no difficulty of allowing the preference.
Nobody could answer what the company would do, and therefore it was hinted at that they might take their Resolutions to-morrow or the next day. But it was thought reasonable to go on with the Bill in the meantime, that it might be understood they did not intend to depart from the scheme and model of the Bill; and accordingly the Question was carried for proceeding without any division. The House then made some progress in the Bill, and left off when they came near the end of it; reserving the clauses that more immediately concern the old company till to-morrow. Perhaps they may not take it up again till the next day, to allow so much more time for the means of accommodation to be thought of, and for a General Court to meet.
21 June. This day there was a free conference with the Lords which lasted till near 3 a clock. Sir Rowland Gwynn is allowed his own time to prepare his report thereof, and to make it as soon as he is ready. Mr. Clark and some others took notice that such errors had been committed by some of the managers that they hoped would be forgotten, or only so far remembered as to caution others for the future to behave themselves with greater decency and regard to the honour of the House upon such occasions. Nobody was named, but this was understood to point at Mr. Sloan, who had repeated a great deal of old learning to show that the Lords and Commons had once sat together, and when some of the Lords had said that care was to be taken to prevent innovations, he commended the precaution; instancing, in strange innovations that had been introduced, particularly that of declaring the Lords useless. The managers for the Commons would have stopped him; and afterwards excused it to the Lords, that some things had been said which were no part of their instructions from the House, and were besides the matter in question.
It was thought fit to hear the report before they would say more by way of censure. The House then adjourned, having ordered that the consideration of the rest of the Bill depending be taken up to-morrow. 5½ pp. [S.P.32. 10. ff. 293–295.]
June 18.
Whitehall.
Ja. Vernon to Mr. Strangeways. The King is informed that you held the government of the island of Portland by a patent only from the late King James during pleasure. Was the grant ever renewed by his Majesty or the late Queen? Have you any other title ? [S.P.44. 99. p. 522.]
June 18.
Whitehall.
The same to the mayor of Wycombe. I received your letter of the 14th inst. When the messenger made his complaint to me of one of your constables, I chose rather to put it into the hands of your representative, Col. Godfrey, than to shew any resentment as the matter might deserve. I was willing to believe that what had happened proceeded from some mistake, and was not wilfully intended; but, for the future, I hope care will be taken that prisoners of consequence be not left unguarded, and, on the other side, it is but reasonable that the messengers should make a competent allowance to those who are required to assist them. When I spoke to my very good friend, Col. Godfrey, I resolved to give you no further trouble in this matter, being assured by him of your affections and zeal for the government. [Ibid. p. 523.]
June 18.
Kensington.
Warrant to enter a Nolle prosequi into all informations against Capt. John Norris "commander of our ships lately sent to Newfoundland," concerning the seizing and taking several ships and prizes in the expedition and disposing thereof according to instructions received from the Lords of the Admiralty. [S.P. 44. 347. p. 194.]
June 19.
Kensington.
Warrant for reversing the outlawry of Sir Henry Bond, bart.: the warrant recites that he was outlawed in Hilary Term, 1 William and Mary, for high treason in raising rebellion and levying war. [Ibid. p. 193.]
June 19.
Kensington.
Warrant for the pardon of Sir Henry Bond, bart., of all treasons, etc. [Ibid.]
June 19.
Kensington.
Warrant for the grant to Edmund Williamson, junr., gent., 'of the place of one of our serjeants-at-arms' for his life, upon the surrender or determination of letters patent whereby Charles II granted that office to Edmund Williamson, senr., for his life. [Ibid. p. 199.]
June 19.
Kensington.
Warrant to insert Edmund Chamberlayn in the next general pardon for the Oxford circuit: he was found guilty of manslaughter at Gloucester Assizes concerning the death of Edmund Dodge. [Ibid. p. 200.]
June 19.
Kensington.
Licence for Mr. Edward Duncombe, who went into the French king's dominions since 11 Dec., 1688, to return. [S.P.44. 351. p. 53.]
[A like] licence for Jordan Longdale, gent.; Theobald Matthews, gent. [Ibid.]; Charles Manners, esq. [Ibid. p. 54]; Mrs. Mary Jolly, wife of Thomas Jolly. [Ibid. p. 56.]
June 20.
Whitehall.
Ja. Vernon to the Lords of the Treasury. The Swedish ambassador, now that he is returning home, desires that an officer of the Customs may visit his goods at his own house. You will give orders accordingly. [S.P. 44. 99. p. 524.]
June 20.
Whitehall.
The same to the same, enclosing the petition of Lady Laton, for report as to what should be done for the relief of her present necessities. [Ibid.]
June 20.
Whitehall.
Ja. Vernon to the Earl of Romney, reminding him of a chain and boom to be sent with Captain Norris to Newfoundland. (Cf. Cal. S.P., America and West Indies, 1697–8, No. 586.) [S.P. 44. 99. p. 526.]
June 20.
Whitehall.
The same to the Commissioners of Trade. I send a commission for Capt. Norris to command in chief during his stay at Newfoundland. As for the £1000 lately ordered for that service you will tell him how it shall be disposed of. The King questions whether there will be time to provide the chain and boom. [Ibid.]
June 20.
Whitehall.
Warrant for the payment of the extraordinary expenses of Robert Sutton, esq., his Majesty's secretary at Vienna, from Nov. 1, 1697, to Feb. 1, 1697–8. [S.P.44. 347. p. 195.]
June 20.
The Hague.
Pass to Mr. Henry Horskins, servant to the bishop of Salisbury, going over into England upon the death of his lady. [S.P.44. 386. p. 17.]
June 20. Votes of the House of Commons. Numb. 160. (Printed.) 2 pp. [S.P.32. 10. f. 296.]
June 21.
Whitehall.
Newsletter to Lord Ambassador Williamson. Lord Portland landed at Dover last Saturday from Calais; went that evening to Sir George Rooke's near Canterbury; arrived here on Sunday in the evening, and was very kindly received by his Majesty.
The agreement about setting up the packet boats between Dover and Calais being concluded and signed between Dr. Aglionby and the French commissioners, who met for this purpose at Calais, the former returned hither last night, and the ratifications of the same are shortly expected from the French Court.
Yesterday morning the East India Company held a General Court, where it was proposed that in order to satisfy the House of Commons that the two millions they had offered to raise, in case they were established by Act of Parliament, exclusive of all others (of which you have already had an account), should be made good, the members of the said Company should immediately enter into a voluntary subscription of £200,000, by way of security to perform the said proposal. Accordingly about £200,000 was subscribed, and the House at their sitting were acquainted therewith, and that they would forfeit the said £200,000 in case they did not comply with their proposal before mentioned. And a paper was likewise presented to the House on the part of the new subscribers, wherein they offer that their whole estates should be liable to make good their respective subscriptions. Upon this there was some debate, and particularly concerning the company's offer; and it was the sense of the House that the company, upon giving such security, should be established upon the foundation of the Bill now depending: that is they to be the joint stock; but such particular persons of the subscribers as desire rather to trade by themselves shall have liberty to do so, paying 5 p. cent. to the company, according to the clauses in the said Bill: and it was left to the company to consider whether they will come in upon these terms. 2¾ pp. [Ibid. ff. 297–298.]
June 21.
Whitehall.
R. Y[ard] to Lord Ambr. Williamson. To-morrow the East India Company are to have another General Court: if they do not accept what is now offered them, which is to be established upon the regulations contained in the new Bill, one of which is that such of the subscribers as would rather trade apart than engage in a joint stock may do so, paying 5 per cent. to the company, the Bill will pass without them. There seems to be no great likelihood of their compliance.
The free conference to-day lasted above two hours. The managers for the Commons insisted to have places allowed them at the trials now depending, and that the trials ought to be in Westminster Hall or some other convenient place. The Lords think this without precedent. It seems the Commons lay a great weight upon this trial, seeing they have resolved that the whole House shall be present at it in a committee. Endorsed, R. July 5, 98. 1 p. [S.P.32. 15. ff. 145–146.]
June 21.
Whitehall.
J. Ellis to the same. At the conference there was some warmth on both sides; but Mr. Sloane was particularly remarkable, for an expression remembering their lordships that that House was once laid aside as useless: which was taken ill by both parties, and by the Commons first taken notice of, they assuring the Lords no such matter was directed by the House, and that they should take further notice of it; and they did so in the report to the House. Mr. Sloane will have very good luck if he escapes being sent to the Tower, if it be only for form sake. Endorsed, R. July 5th, 98. 3 pp. [Ibid. ff. 147–148.]
June 21.
Whitehall.
Ja. Vernon to the Commissioners of Trade. Sir Joseph Williamson having procured from the States General a duplicate of the orders they have sent to their consul in Galicia, not to be concerned any further in carrying on or encouraging the new erected woollen manufacture at Sada, I am to transmit the same to you, that you may forward it to consul Packer. [S.P.44. 99. p. 525.]
[June 21.]
Whitehall.
The same to the mayor of Chester. Edward Joy, alias Jones, John Jennings and Edward Brady are now in custody in Ireland, an information having been sworn against them before Lord Chief Justice Pine and Sir Thomas Coot, for counterfeiting coin of this realm; which they committed in England and are only triable here. The King has directed that they be brought to Chester, where you will commit them to gaol. When you give me notice of their arrival I will have a habeas corpus sent, to bring them up. [Ibid.]
June 21.
Whitehall.
The same to the Commissioners of Customs, recommending Mr. Henry Nash, a tide surveyor, for his diligence in apprehending several suspected and disaffected persons, whom he had directions from the Secretaries of State to look for. [S.P.44. 99. p. 527.]
June 21.
Whitehall.
Warrant for the payment of the extraordinary expenses of Robert Sutton, esq., his Majesty's secretary at the Court of Vienna, from Feb. 1, 1697, to May 1 following. [S.P.44. 347. p. 196.]
June 21.
Kensington.
Warrant for the reprieve of Robert Ingram: he was convicted for rape on the body of Elizabeth Rawdon at the last sessions at the Old Bailey. [Ibid. p. 197.]
June 21.
Kensington.
Warrant for a grant to Captain John Norris, 'commander of our ships for Newfoundland,' of what may become due to the Crown in case sundry ships, particularly the Unity, Goodheart and St. John Baptist, taken by him from the French on that expedition, be adjudged as perquisites of the Crown. [Ibid. p. 198.]
June 21.
Kensington.
Warrant for a pardon to Edward Bird, gent., of all offences. [S.P.44. 347. p. 201.]
June 21.
Whitehall.
Warrant for the payment of the extraordinary expenses of Hugh Greg, residing at the Court of Denmark for his Majesty's service, from April 1, 1697, to Oct. 1 following: the items include, "travelling after the Court into Holstein by his Majesty's order, when the duke's forts were demolished, £130 15s. 0d." [Ibid. p. 204.]
June 21. A similar warrant for the period Oct. 1, 1697, to April 1st 1698. [Ibid. p. 205.]
June 21. A similar warrant for the expenses of Matthew Prior, esq., secretary to the embassy in France, from June 10th, 1698 [sic], to April 10th following. [S.P.44. 348. p. 34.]
June 21–30. Journal of the House of Lords, for Sir Joseph Williamson. 4 pp. [S.P.32. 10. ff. 300–301.]
June 22–24. Journal of the House of Commons. 22 June. The House proceeded to-day upon the two millions Bill. There was a division upon the clause of bottomry, which restrained the company from taking up money on that account at above 6p. cent.; and the clause was rejected by 103 against 92. Some expected that the rest of the clauses would have been lost in the same manner; but it failed in the succeeding clause that obliges the company to pay their just debts and makes their stock and effects liable to them, and, if they would avoid it by their dividends, they are to answer it with their real and personal estates: which some called a new method that no other corporation was liable to: and on the other side it was thought a great neglect if the only means left were not made use of for securing so great a debt. The clause therefore was carried by 113 against 100.
There were some new clauses added. One was for obliging the new subscribers to make good their debts in the like manner by their effects when they shall be incorporated. Another was about making the bank bills receivable in the revenue till the end of the next session, if they continue so long without discount. The clause not being framed directly pursuant to the Order was withdrawn, and will be presented again to-morrow. There was a third clause of impropriation, which, being read, the consideration thereof was put off till to-morrow.
23 June. The Bill for the two millions is ordered to be engrossed, upon a division of 120 against 80, and the third reading is appointed on Saturday next. There was another division before upon a clause that was brought in declaring that the new company should be subject to such regulations as the Parliament shall think fit; which was thought unnecessary, since the Parliament can never be restrained from that liberty, and the clause seemed to be of no other use but to discourage the subscriptions and disappoint the public of the money; and therefore it was rejected by 97 against 66.
24 June. The House hath been in a committee to consider of an equivalent for the duties laid on glass and earthenwares. They have taken off the whole duty upon tobacco pipes and other earthenware and half the duty upon glass; and went no further, lest the equivalent might not be sufficient to make good the other fonds. The new duties, to be laid, are 6d. p. pound upon whale bone, and a penny per ell upon one sort of Scotch linen and 3 farthings on another sort, which are to be reported to-morrow. 2 pp. [Ibid. f. 299.]
June 22.
Whitehall.
Proceedings upon the petition of Dominick Dillon of Bella, co. Roscommon, in Ireland; setting forth that he never bore civil or military employment during the late rebellion, and during the whole time was very active in preserving all his protestant neighbours, as by certificate annexed. He made an early submission, and has but a very small estate, not exceeding £50 p. ann. He is neither indicted nor outlawed, yet notwithstanding his innocence (his constant place of abode being in Connaught, which was last held out by the Irish army against his Majesty's authority) he is advised to sue for pardon, for fear of being unjustly involved in any forfeiture on account of the rebellion. Referred to the Lords Justices of Ireland. [S.P.32. 238. p. 234.]
June 23.
Kensington.
Royal warrant to the Lords Justices of Ireland, reciting that Agmondisham Vesey, esq., and Charlotte, his wife, have represented to the King, by petition, that Charlotte is daughter and heiress of William Sarsfield, esq., deceased, who was son and heir apparent of Patrick Sarsfield the elder, of Lucan in Ireland: that Patrick Sarsfield died of old age in May or June, 1690, and never was in arms against us, or bore any civil or military employment during the rebellion, notwithstanding which he was by mistake, in 1690, there indicted and soon after outlawed: that they are true Protestants, and that they and their parents have suffered great losses in the rebellion for their firm adhering to our interests, and, in regard Charlotte is grand-daughter and heiress of Patrick Sarsfield, our present parliament in Ireland has made particular provision in the late Bill of Attainder there for reversing the said outlawry, in order to restore Charlotte to her blood and to the right of redemption of some mortgages of a small estate, which belonged to Patrick Sarsfield: that they have asked licence to bring writs of error for reversal of the outlawry.
The warrant directs the Lords Justices to admit the petitioners to bring writs of error for reversing the outlawry of Patrick Sarsfield the elder. [S.O.1. 14. pp. 76–7.]
June 23.
Kensington.
The King to Henry James, D.D., vice-chancellor of the university of Cambridge, requiring him to admit Gideon Harvey, gent., to the degree of doctor in physic. [S.P.44. 163. pp. 107– 108.]
June 23.
Kensington.
Licence to Francis Bidulph; John Bidulph; Sir Robt. Gayer, K.B.; Lady Christian Gayer, her children and servants; Thomas Viner, esq.; to return into England. [S.P.44. 351. p. 54.]
June 23.
Whitehall.
Proceedings upon the petition of Robert Ingram, a convict of Newgate, setting forth that he, being about 17 years of age, was convicted, at the last sessions at the Old Bailey, for a rape committed upon Elizabeth Rawdon of 11 years of age. There was no evidence against him but the declaration of Elizabeth Rawdon. The petitioner is utterly innocent, and he believes the father of Elizabeth Rawdon, who has borne him a long grudge, has caused her to charge the rape upon the petitioner. Referred to Mr. Justice Rookeby. [S.P.44. 238. p. 267.]
June 23.
Kensington.
Warrant for the pardon of Cecilia Labree, without the condition of transportation which was inserted in the warrant of Feb. 7 ult. [S.P.44. 347. p. 202.]
June 23.
The Hague.
Passes to Dan. Ross, Scotchman, servant to one Mr. Groulart, burgomaster of Maestricht: and to Willm. Johnson and Henry Belye, soldiers, late of Major Wood's company in Lord Strathnaver's regiment in the service of the States General, with discharges from the major, dated Maestricht, June 10, '98. [S.P. 44. 386. p. 17.]
June 24.
Kensington.
Warrant for a commission to Patrick, Earl of Marchmont, to be H.M. High Commissioner, in the ensuing seventh session of the parliament of Scotland. [S.P.57. 17. pp. 1–2.]
June 24.
Kensington.
Warrant to the Lords of the Treasury of Scotland to pay £2,500 to the Earl of Marchmont, for his equipage as High Commissioner. [Ibid. p. 3.]
June 24.
Kensington.
Warrants to the same to pay to the Earl of Marchmont a daily allowance of £50 as Commissioner from July 19th prox. to the end of the session [Ibid. p. 4]: and £500, to defray the expenses of his recent journey to Kensington on the public service. [Ibid. p. 5.]
June 24.
Kensington.
The King to the Earl of Marchmont, 'our Commissioner and Chancellor of Scotland.' The office of Lord High Treasurer is now in commission, and it being provided by law that the number of our officers of State who are to [have] vote and place in Parliament should not exceed eight, and it being reasonable that there should be one named to appear and act in the ensuing session as our Treasurer; therefore we nominate [Patrick] Lord Polworth, your son, to [do so]. (Printed in The Acts of the Parliaments of Scotland, X. p. 116.) [Ibid. pp. 5–6.]
June 24.
Kensington.
Royal instructions to the Earl of Marchmont, 'our Commissioner for holding the seventh session of our current parliament of Scotland.'
1. As we have given frequent assurances that we are resolved to maintain presbyterian government in the church of Scotland, you are to let the parliament know that we are fully resolved to continue the same, and you are to give our assent to such Acts as may tend to compose differences amongst churchmen in church matters.
2. You are to give our assent to such Acts as may facilitate the planting of vacant churches.
3. You are to pass Acts necessary for discouraging and punishing all profaneness and irreligion, and that either by reviving of the old laws, or by giving our assent to new ones.
4. You are empowered to pass an Act for making the provisions allowed to ministers who preach in vacant churches more certain and effectual.
5. You are to represent to the parliament that the troops upon the present establishment are absolutely necessary for the support of our government and the safety of the country: and therefore you must endeavour to get a suitable annual supply for maintaining them, and to get it continued as long as you can.
6. You are to let the parliament know that, by the deficiencies of the funds given in former sessions of parliament, there are arrears due to the forces lately disbanded, and therefore you are to endeavour (the forces being supplied) that there be a sufficient fund given for payment of these arrears.
7. You are to represent that the forts and garrisoned places, and particularly that of Fort William, are in a bad condition, and that the safety of that our kingdom requires that they be sufficiently repaired; therefore you are to endeavour to procure a fund for the repairing of them, and for the buying of arms and ammunition.
8. You may pass any Acts shall be proposed for making our forces more orderly and regular in their quarters, and paying what shall be furnished to them.
9. You are to pass an Act for the more easy bringing in of our rents and revenues.
10. You may pass an Act for clearing and regulating the differences betwixt donators and forfeited persons in the late reigns and now restored.
11. You are to pass any Acts shall be thought necessary for making the highlands more peaceable and obedient to our laws.
12. You may pass an Act for repairing the losses of those who were plundered and robbed by the highland army, and that out of what funds the parliament shall appoint.
13. You are allowed to pass Acts for clearing old laws and for making new ones for securing the private rights and properties of our subjects with relation to one another.
14. You are allowed to pass an Act regulating the manner of granting protections by the parliament.
15. You are to give our assent to such Acts as shall be found necessary for altering or rectifying any part of the regulations of judicatories or to grant a new commission for that end, the nomination of the commissioners being left to us.
16. You are to pass such Acts as shall be found necessary for regulating the commission of tithes, the session and criminal court, the commissariot, sheriff, and regality courts, and for limiting and distinguishing their respective jurisdictions, so that all debates amongst them for the future may be evited.
17. You are allowed to pass an Act for discouraging and preventing marriages of children, who are within the years of minority, without consent of their parents.
18. You are allowed to pass an Act for regulating the Post Office, providing it do not diminish the present rents and profits thereof.
19. You are to give our assent to Acts for determining the punishment of all thefts and other crimes where the pains are not already determined by former laws.
20. You are to pass such Acts as shall be found necessary for making the justiciary in the highlands more effectual, by giving them instructions for regulating their proceedings and by continuing thereof for a longer time, if the parliament shall think fit so to do.
21. You are allowed to pass Acts necessary for encouraging universities, schools and hospitals.
22. You are to pass any Acts necessary for encouraging and better regulating trade, and for erecting manufactories and companies for trade, particularly for fishing, provided the companies consist of Scots men.
23. You may assent to an Act for altering the Book of Rates, provided we sustain no loss.
24. You are allowed to give our assent to an Act reviving the former sumptuary laws, or to make new ones for restraining the expenses of apparel.
25. You are allowed to pass Acts for the better maintaining and employing the poor.
26. You are to pass such Acts as shall be thought needful for regulating the coin.
27. You are to endeavour to obtain an Act (to continue so long as the parliament shall think fit) obliging all masters of ships, who shall import any passengers, to detain them till they be presented to a privy councillor or to the sheriff or magistrate of the place where they shall arrive, to the effect that, if such passengers are known to be loyal and well affected, they may be dismissed, but, if otherwise, that they may be detained till our privy council be acquainted: and that the masters of ships be obliged to observance of the Act under such pains and penalties as shall be thought fit.
28. You are in our name to give assurance to the parliament that we are firmly resolved to maintain the privileges of the trade of that our kingdom, and particularly those established by treaties, laws or customs with other nations.
29. You are to endeavour to keep the parliament close to the matters upon which you are instructed, and to avoid all heats and differences.
30. You are allowed to adjourn from time to time, as you shall find expedient, and to use all the authority belonging to your character so as you find necessary.
31. You are empowered to confer the honour of knighthood upon such persons as you shall find to deserve the same, not exceeding the number of six.
32. You are to conclude the session as calmly as you can, and so soon as affairs will allow, and to appoint the next session to meet at Edinburgh the—day of—next. [S.P.57. 17. pp. 6–9.]
June 24.
Kensington.
Additional instructions to the same.
1. You are to pass such Acts as shall be proposed in favour of the presbyterian church government, which shall not be inconsistent with or prejudicial to our prerogative or the protection granted to episcopal ministers.
2. If any of the episcopal ministers who are at present in their churches shall apply to the parliament, you are allowed to pass an Act admitting them to qualify themselves according to law, and to give them our protection.
3. If the parliament shall give an excise upon all malt as a fund, we empower you to pass an Act discharging the three pennies upon the pint of ale, etc., during the continuance of the excise on malt: providing the excise on malt be not less than two merks on the boll.
4. If the parliament shall think fit to provide for the disbanded officers until they be paid their arrears, or otherwise provided for, you are to give our assent, the standing forces being first supplied.
5. You are to endeavour, after the supplies for the forces are settled, to obtain an Act continuing the imposition of tunnage upon ships, or to procure some other fund for maintaining or employing the frigotts.
6. You are allowed to pass an Act allowing of a copper coinage in such terms as the parliament shall think fit, providing the benefit arising therefrom be left to our disposal.
7. If the parliament shall reckon upon what is resting by Lord Beilhaven and his partners, tacksmen of the inland excise, or any part thereof, as an effectual sum, in that case you are to allow the parliament to cognosce and determine upon the grounds whereupon they crave an abatement.
8. You are allowed to pass an Act dispensing with the calling out of the militia for so long as parliament shall give funds for maintaining the standing forces conform to the present establishment; except in case of necessity, such as defending against foreign invasions or suppressing intestine insurrections.
9. You may pass an Act for facilitating the entries of vassalls by subaltern superiors.
10. Where the public good of any of our royal burghs or seaport towns is heavily burdened with debts, or where their public works require it, you are to consent to Acts for such moderate excises or other impositions within themselves as shall be found necessary.
11. You are to pass an Act, after the funds for maintaining our forces and other public exigencies are given, for encouraging Mr. Adair, Captain Slezer and Mr. Cuningham, and giving them allowances for carrying on their several works for the good of the public.
12. On occasions of difficulty you are to consult with the officers of State or others of interest in the parliament or government, or so many of them as you shall, by their behaviour in parliament, judge firmly zealous for our interest.
13. If parliament cannot be brought to give the supplies but by passing Acts contrair to your instructions, you are in that case, if no other expedient will serve, to adjourn to such a time as that you may consult us and have our answer, rather than pass such Acts.
14. You are to pass such Acts as shall be proposed for encouraging the manufacture of inland salt.
15. You are empowered to continue this session of parliament from the time of its meeting for seven weeks. [S.P.57. 17. pp. 10– 11.]
June 24.
Kensington.
The King's letter to the parliament of Scotland. (Printed in The Acts of the Parliaments of Scotland, X, pp. 120–1.) [Ibid. pp. 12–14.]
June 24.
Kensington.
Warrant for a patent to Sir James Ogilvie, principal Secretary of State for Scotland, to be Viscount Seafield and Lord Ogilvie of Cullen: 'his majesty calling to mind the loyalty and eminent services of the noble and ancient family of the Earls of Finlater, of which he is immediately descended.' (See The Acts of the Parliaments of Scotland, X, p. 119.) [Ibid. pp. 14–16.]
June 24.
Kensington.
Warrant to the Lords of the Treasury of Scotland. Whereas our troop of guards must attend our Commissioner during the ensuing session of parliament at Edinburgh, where provisions for horses are dearer than in the other places in Scotland where they are in use to be quartered, you are empowered to give such an allowance to the commissaries as you find reasonable. You are also to give to Archibald, earl of Argyll, colonel of the troop, such an allowance for trumpets and kettle-drums, banners and liveries, when needful, as was formerly given when the troop was upon the establishment of Scotland. [Ibid. p. 16.]
June 24.
Kensington.
Warrant to the same, reciting that the king is informed that there are considerable arrears due to those to whom he had granted pensions upon the fund of the Bishops' Rents: and directing the Treasury to take all possible care to pay the pensions 'so far as the fund will allow,' and to report what the rents amount to yearly, and how far they fall short of the pensions. [Ibid. p. 17.]
June 24.
Kensington.
Warrant to the same, reciting that the king has disposed of the commission formerly granted to Capt. Alexander Stevenson to be adjutant general of the forces in Scotland: that he is willing that he should have whereupon to subsist until otherwise provided for: and ordering that he be paid the half pay of a captain of foot. [S.P.57. 17. pp. 17–18.]
June 24.
Kensington.
Commissions to Lieut. Col. John Hay to be adjutant general of the forces in Scotland, in place of Capt. Alexander Stevenson: and to Walter Cheesley to be major and cornet of his Majesty's troop of guards in Scotland. [Ibid. p. 18.]
June 24.
Kensington.
A list of the persons whose names are to be inserted in the commission for auditing the admiralty accounts in Scotland.
John, marquis of Tweeddale; John, earl of Lauderdale; Robert, earl of Lothian; David, earl of Leven; the earl of Loudoun; John, earl of Kintore; John, earl of Ruglen; George, Viscount Tarbat; John, Lord Carmichael; David, Lord Ruthven; Adam Cockburn of Ormstoun, justice clerk; Sir William Hamilton of Whitelow; Sir James Murray of Philiphaugh; Master Francis Montgomery; Sir Archibald Murray of Blackbarony; Sir Robert Sinclair of Stevenston; Sir Patrick Hume 'our solicitor.' [Ibid. p. 19.]
June 24.
Kensington.
Docket of the warrant for a commission to the persons 'above named, and also insert in a list signed by your Majesty or to any five of them,' for auditing the accounts of the Commissioners of the Admiralty. [Ibid. pp. 19–20.]
June 24.
Kensington.
Docket of the warrant for a pension of £25 to Hanna Livingston, widow of Capt. — Livingston, who was killed at the battle at Steinkirk. [Ibid. p. 20.]
June 24.
Kensington.
Docket of the warrant for a charter granting to Robert Bisset of Lessendrum in life rent, and to Alexander Bisset his eldest son [in tail male], all and haill the lands of Davach of the lands of Lessendrum containing the towns and lands called The Mains of Lessendrum, Overtoun of Lessendrum and loan thereof, Leyes of Lessendrum, toun and lands of Creichie, knight's miln thereof, all the town and lands of Kirktoun of Drumblet, all and haill the two part of the lands of Begeshill, two part of the lands of Stoniefeild, and third part of the lands of Wedderburn and Thomastoun with their pertinents, all in the barony of Drumblet and sheriffdom of Aberdeen: proceeding upon the said Robert Bisset's own resignation: with a general confirmation of all the writs of the lands and new gift of the whole; with a grant of two free fairs yearly at the Kirktoun of Drumblet, and a dissolution of the whole lands 'and others' from all other baronies, and a new union and erection of the same in a free barony to be called the barony of Lessendrum: with a change of holding from simple to taxt ward. [S.P.57. 17. pp. 20–1.]
June 24.
Kensington.
Docket of the warrant for a charter to Sir James Ogilvie, principal Secretary of State for Scotland, of the lands of the barony of Ogilvie, comprehending the lands of Findlater 'and others' within the sheriffdom of Banff. (See The Acts of the Parliaments of Scotland, X, p. 159.) [Ibid. pp. 21–2.]
June 24.
Kensington.
Warrant adding —, earl of Mar, to the commission for plantation of kirks and valuation of teynds. [S.P.57. 16. pp. 578–9.]
June 24.
Whitehall.
J. Ellis to Lord Ambr. Williamson. I am in expectation of kissing your Excellency's hands here, ere long. Mr. Bridgeman has this day desired his Majesty's leave to lay down his place of secretary to the Lords of the Admiralty, and it is granted. Mr. Hornesby, I believe, set out this morning to return to your Excellency. Endorsed, R. July 7, 98. 3 pp. [S.P.32. 15. ff. 149–150.]
June 24.
Whitehall.
[R. Yard] to the same. The [East India] Company have a General Court to-morrow, which is thought to be in order to present a petition to the House of Lords, and to make all the opposition they can there, but I believe the Bill will pass in that House: so in 8 or 10 days parliament will have finished, unless the trial of the Frenchmen delay it. They are going to make a place for these trials in Westminster Hall, and by Monday sennight may get everything ready.
It is generally said the King will be going to Holland as soon as parliament is up, but his Majesty does as yet say nothing of it himself. Endorsed, R. 7 July, 98. 1 p. [Ibid. ff. 151–152.]
June 24.
Whitehall.
Tho. Hopkins to the same. Mr. Secretary sends you so large an account every post of what is done in parliament, that it is impossible for me, who am no member, to add anything. This day the House in a committee have agreed to take off the duty upon tobacco pipes and earthenware, and half the duty upon glass wares (which raised more clamour than money); and have given the King, as an equivalent, a duty upon whalebone and Scotch cloth. Endorsed, R. July 7th, 98. 3 pp. [S.P.32. 15. ff. 153–154.]
June 24.
Whitehall.
Newsletter to the same. This day the Lords took into consideration the report of yesterday's conference; and resolved on an humble address to his Majesty, to be presented by the Lords of the White Staves, that his Majesty would please to give order that a place be prepared in Westminster Hall for the trial of John Goudet and others; and Sir Christopher Wren, the surveyor general, is accordingly ordered to have the same ready in eight days. Endorsed, R. July 7, 98. 3¼ pp. [S.P.32. 10. ff. 303–304.]
June 24.
Kensington.
Licence to Mr. Nathaniel French, who went into the French king's dominions since 11 Dec., 1688, to return. [S.P.44. 351. p. 55.]
June 25–28. [Proceedings in the House of Commons.] 25 June. The Bill for the two millions is passed, upon a division of 115 against 78. Everything was said over again by those who opposed the Bill, and besides it was pressed by them that whoever was concerned in the new subscriptions should withdraw; and they were told how little that was observed in cases where some of them were more particularly interested. There were hints given that such hardships would call for relief in other sessions. Mr. Greenville spoke it that he thought himself under an obligation to endeavour the repeal in another Parliament of what was doing now. Mr. Montague told him he would be better than his word, having formerly made a public declaration in the House that he would never qualify himself to come into Parliament.
27 June. The House were upon the Report about Molyneux's book.
28 June. The House was in a debate upon the report of the committee to examine the complaint of Captain Desborough against Captain Norris for the miscarriage in not falling upon Pointys squadron, and for embezzling of the prizes taken in that expedition. The Question formed was that Desborough had not made out the allegations of his petition against Norris, and the debate is adjourned. 2 pp. [S.P.32. 10. ff. 305–306.]
June 26.
Kensington.
Warrant to enter a Nolle prosequi into all informations against Captain John Norris, or Captains Robert Stapilton, Kerrill Roffey, James Littleton and Thomas Smith, acting under him. [S.P.44. 347. p. 213.]
June 26.
Kensington.
Licence to Francis Roche, esq., who has been in the French king's dominions since 11 Dec., 1688, to return. [S.P.44. 351. p. 55.]
A like licence to Robert Hanan, merchant; John Hussey; Mr. Robert Leigh. [Ibid.]
June 27.
Kensington.
Warrant appointing James, Viscount Seafield, principal Secretary of State, to preside in the ensuing session of the Scottish parliament, in place of the earl of Marchmont. (See The Acts of the Parliaments of Scotland, X, p. 115.) [S.P.57. 17. p. 22.]
June 27.
Kensington.
Warrant for the payment of £500 to Viscount Seafield, for defraying his charges as president. [S.P.57. 17. p. 23.]
June 27.
Kensington.
Warrant to James, duke of Queensberry, to countersign the above papers signed by the king in favour of Sir James Ogilvie, Viscount Seafield. [Ibid. p. 24.]
June 27.
Kensington.
Warrants adding Alexander, earl of Eglinton; James, earl of Finlater; William, earl of March, to the privy council: and John, earl of Lauderdale, to the commission of the Exchequer of Scotland. [Ibid. p. 21–27.]
June 27.
Kensington.
Establishment of half pay to the field officers of the several regiments lately disbanded in Scotland, from Whitsuntide, 1698.
£168 per annum as a colonel and captain of foot to Sir John Hill; Sir William Douglas; Col. John Buchan; Col. George Makgill.
£126 per annum as a lieut. col. and captain of foot to Lieut. Col. Arrat; Lieut. Col. Guyliams; Lieut. Col. Duncanson; Lieut. Col. Reid; Lieut. Col. Young.
£159 12s. 0d. per annum as lieut. col. and captain of dragoons to Lieut. Col. Scipio Hil; Lieut. Col. Wiseheart; Lieut. Col. Bruce.
£109 4s. 0d. per annum as major and captain of foot to Major Anderson; Major Jo. Lindsay; Major Ro. Pollock; Major Mackenzie; Major Wm. Reid; Major Cabileou; Major — of Lorn's regiment. Nota.—This establishment was never used, nor any payments made upon it. [Ibid. pp. 27–28.]
June 27.
Kensington.
Warrant ordering the half pay according to the foregoing establishment. [Ibid. p. 28.]
June 27.
Kensington.
Warrant granting to Captain Thomas Drummond, a member of the parliament which is now to meet in Scotland, 'our royal foreloff,' and dispensation with his attendance on his regiment for six months. [Ibid. p. 29.]
June 27.
Kensington.
Warrant to the Lords of the Treasury of Scotland to pay £100 to Mr. Robert Murray. [Ibid.]
June 27.
Kensington.
Warrant reciting that the King understands that Charles Chalmers, writer in Edinburgh, was unfortunately witness to the slaughter committed on the person of Mr. Robert Burnet by James Wiseheart of Logie: that it appears, by a precognition of the matter of fact taken by the King's Advocate, that not only Chalmers was no ways engaged in the quarrel, but was present without any forethought malice and without arms, and that he interposed and used his endeavours to prevent their fighting. For these reasons the King discharges Chalmers of all accession that he may be conceived to have had, and discharges the Commissioners of Justiciary and others to trouble or convene him. [S.P.57. 17. pp. 30–1.]
June 27.
Kensington.
Warrant constituting David Stuart, present commissary, and Thomas Tulloch of Tanachy, younger, conjunct commissaries of Moray. [Ibid. p. 31.]
June 27.
Kensington.
Warrant constituting Patrick Anderson, wright burgess of Edinburgh, master wright and master plasterer of all the royal castles, palaces and other buildings in Scotland. [Ibid. p. 32.]
June 27.
Kensington.
Docket of a warrant for a gift to James, duke of Queensberry, of the ward of all lands which pertained to the deceased Mathew Hairstains of Craigs, with the gift of the marriage of William Hairstains his son. [Ibid. p. 32.]
June 27.
Kensington.
Docket of a warrant for a gift to — of the ward of the lands of Argatie over and nather: the lands of Lindie easter and wester, with the mill, within the stewardry of Monteeth and sheriffdom of Perth which pertained to the deceased Hary Hume of Argatie and now to George Hume of Argatie his son, "holding of your Majesty either as King or as prince and steward of Scotland," with the gift of the marriage of George Hume. [Ibid. pp. 32–3.]
June 27.
Kensington.
Docket of a warrant for a gift to — of all that top story of that foretenement of land lying within the burgh of Edinburgh on the north side of the High Street at the head of the closs called Happers closs in the Lawn Market, which pertained to the deceased John Trotter, burgess of Edinburgh, and now in the King's gift by reason of forfeiture for treason, with all other geir which he could claim. [Ibid. p. 33.]
June 27.
Kensington.
Docket of the warrant setting and in tack and assedation letting to Archibald, earl of Argyll, his heirs or assigns, of all and haill the assise herrings of the west seas of Scotland, and haill profits thereof, within all the bounds of the isles, lochs, or creeks from Pentland firth to the Mull of Galloway, or any part thereof, and where the sea flows within the river of Clyde, for 19 years from 1st July, 1698: with power to intromet with the said assise herrings and to dispose thereupon: and with the special privilege to him and his deputs to affirm and hold courts of justiciary for keeping order amongst the fishers and others: paying yearly to the King 1,000 pounds scots money in tack duty; with command to the Exchequer to direct letters of horning at their instance upon a charge of 24 hours, as use is, for causing them to be readily paid of the said assise herring and other duties and casualties thereto belonging. [Ibid. p. 34.]
June 27.
Kensington.
Docket of the warrant for a charter in favour of Sir George Campbell of Cesnock and his heirs and 'others above mentioned' of the lands and barony of Cesnock, comprehending the particular lands, towns and others lying in the parishes of Galstoun and — and the sheriffdom of Ayr: all the barony of Hayningcross, the lands and barony of Riccartoun, the lands and barony of Camnock, with the lands and barony of Castlemains, with the teynds, patronages, mills, fishings etc. 'above mentioned.' Proceeding upon the resignation of partly Sir George Campbell himself, or upon the resignations of James Crightoun sometime of Castlemains, Hugh Boig, writer in Edinburgh, and others. These also contain a confirmation and a novo damus, and an union of the lands in a free regality, with a right of justiciary, free chapel and chancellary, to be called the regality of Cesnock, with an erection of that part of the town of Galstoun pertaining to Sir George Campbell into a burgh of regality, and to be the head burgh. These also bear a liberty, besides the two fairs already kept at the kirk of Galstoun, of two more fairs, each lasting four days, at the kirk of Galstoun, and a weekly market, and two fairs more at the town of Riccartoun, with a weekly market there. And a weekly market and three fairs yearly at the kirk of Camnock: with the tolls and profits of the same. To be holden of your Majesty for yourself as King, or as prince and steward of Scotland. Paying therefor yearly the several few duties 'above mentioned' or taxt duties, whenever the same shall fall in your Majesty's hands by reason of ward, in manner 'fully above mentioned.' Your Majesty also ratifies all writs and securities conceived in favour of Sir George of the lands of Barr and Colgote and others 'above mentioned.' [S.P.57. 17. pp. 35–6.]
June 27.
Kensington.
Docket of the warrant for a charter in favour of Sir Robert Gordon of Gordonstoun, baronet, in life rent, and Robert Gordon, his eldest son, in fee, and of his heirs of taillie 'therein designed,' of the title and dignity of baronet and lands and barony of Gordon lying in Nova Scotia in America annexed thereto, and of his lands of Gordonstoun and others above designed, which pertained before to Sir Robert and are by him resigned for new infeftment: with a novo damus, an erection of the town of Causea on the Moray firth into a burgh of barony with a weekly market and yearly fair, with an erection of the whole into a barony to be called the barony of Gordonstoun, to be holden of your Majesty for yourself and as come in place of the Bishop of Moray in taxt ward, few and blench. [S.P.57. 17. p. 36.]
June 27.
Kensington.
Docket of the warrant for a charter in favour of Patrick Huntar of Huntarstoun and 'his heirs above mentioned' of all the five merk land of Campbelltoun, the lands of Annanhill called Annanhill Huntar within the bailliary of Cuningham and sheriffdom of Ayr: with the privilege of fishing salmon and other fishes on the sea within the bounds of the lands of Campbelltoun, with the privilege of purchasing and away carrying of wrack and wair from the sea. Proceeding upon the resignation of the said Patrick Huntar, with a novo damus, to be held of your Majesty as prince and steward of Scotland, with a change of holding from simple ward to taxt ward. [Ibid. pp. 36–7.]
June 27.
Kensington.
Docket of the warrant for a charter in favour of David Plenderleath of Blyth in life rent, and to James Plenderleath "his only lawful son now on life of his second marriage and his heirs in fee," which failing 'the other heirs above mentioned,' of all the Easter side, or half, of the lands of Kailyea alias WesterhopeKailyea, with teynds parsonage and vicarage in the parish of Kailyea and sheriffdom of Peebles, holding of your Majesty in taxt ward, conform to a former charter for payment of the taxt duties 'above mentioned,' and all the kirk lands of Kailyea, paying yearly 40s. scots of few duty, and the lands of Hope Kailyea Wester with the mill called the Scots mill and parsonage and vicarage teynds thereof, lying within the parochine of Hope Kailyea. And the lands lying upon the Easter side of the burn of the toun and lands of Drumelyear with the mill, and that in special warrandice of the said lands of Kailyea and both sides thereof: with a novo damus and an erection of the lands in a free barony to be called the barony of Kailyea, with a change of the holding of the said lands of Hope Kailyea Wester with the mill from simple to taxt ward. [Ibid. pp. 37–8.]
June 27.
Kensington.
Docket of the warrant for a charter in favour of Mr. David Ramsay, writer, of the lands and barony of Inchtithill, within the sheriffdom of Perth, with a new gift: and an erection of the same in a free barony to be called the barony of Inchtithill. (See The Acts of the Parliaments of Scotland, X, p. 161.) [Ibid. p. 38.]
June 27.
Whitehall.
Ja. Vernon to the Commissioners of Trade. The ministers of the Court of Brandenbourg having made remarks upon your late representation to the King, concerning the island of Tertholen, I am to send a copy of them to you, that an answer may be given to the remarks and demand of restitution of that island.
I am also to transmit to you the enclosed petition of Gilbert Heathcott, agent for Jamaica, relating to Sir William Beeston, the governor there, for your report. [S.P.44. 99.p. 527.]
June 27.
Whitehall.
[Ja. Vernon] to the Attorney General. With reference to the enclosed petition of John Normand and George Baker, late constables of Manning-Tree in Essex, and papers annexed, the King would have them defended, at his charges, against any suits brought against them for pressing carriages for his forces, upon their return from Flanders in January last. [Ibid. p. 528.]
June 27. Warrant for the apprehension of Capt. — Mathews, Capt. — MacElligot, Capt. Holaghan and — Still, for high treason for having been in France since 11th Dec., 1688. [S.P.44. 349. p. 82.]
June 27. A similar warrant to apprehend — Sweetman, — Burne, — Conyers and Francis Cavenagh, for returning without licence. [Ibid. pp. 93 and 97.]
June 27. Like warrants of the same date for Capt. — Mathews, Capt. — MacElligot, Capt. — Holaghan, — Hill, Sir Thomas Hacket, — Connor, Thomas Travers, — White. [Ibid. pp. 93 and 97.]
June 27. Warrant to apprehend Henry Margaratt, for suspicion of treason. [S.P.44. 349. p. 98.]
June 27.
The Hague.
Pass to Jo. Mackland, soldier, late of Capt. Crainston's company in Col. Levingston's regiment in the States service, with a pass from the colonel dated Maestricht, June 16, '98. [S.P.44. 386. p. 17.]
June 28.
Whitehall.
Ja. Vernon to Mr. Hill. As you live in a most catholic country it is fit I should acquaint you with a message I have lately carried to some of the foreign ministers which you will find in the enclosed. I do not doubt but you will hear it hardly censured, and think it very easily justifiable to those who use much severer methods against all persons of our persuasion. They would still commend our moderation, if they would please to consider that laws are made with as much solemnity here as anywhere else, and ought to be as binding. We may well repent of our moderation and easiness if, when we find it abused, we are not allowed to keep a little stricter hand, when it tends to no more than the making people discreet and cautious. I apprehend nothing more than the clamours of the foreign ministers, who will be loath to part with the great conveniency they have in getting Irish priests to serve them almost for nothing, when they have great allowances themselves for their chapels. I did not speak of this matter to Don Simeoni, since I do not hear of any such resort to his house, nor do I so much as know whether he hath a chaplain. (Copy.) 1¼ pp. [S.P.32. 10. f. 308.]
Great notice having been taken in what numbers the Roman catholics resort to the chapels of foreign ministers, his Majesty found himself obliged to apply some remedy; and accordingly I was directed to go to all the foreign ministers of the Romish persuasion to know what was the number of their chaplains, and what country men they were, and to let them understand his Majesty found it necessary to take some course for preventing that resort to their chapels, but in such a manner as their privileges should be untouched, and to give them notice that, if any of his Majesty's subjects were entertained by them as their chaplains, they should dismiss them; the law not allowing them to perform the fonctions of priests in England. When I delivered them the message they pretended to be surprized, as if it were an innovation, though the same thing was signified to them within these 3 years, immediately after the assassination plot was discovered; and the like was done by K. Charles in '78, and the messengers were then sent to observe the Roman catholics who went to the popish chapels, and seized them coming out. The foreign ministers having taken so little notice of the former intimations given them creates a necessity for the renewing them: since they have no other chaplains now but what are English or Irish, except one aumonier that some of them only brought with them: and the number in some of those houses is very extraordinary. The Portugal envoy alone hath ten chaplains, and 9 of them are his Majesty's subjects. Count d'Aversberg and Monsr. Hoffman have 4 apiece and none of them foreigners; the French and Spanish ambassadors have six each, and but 3 foreigners between them. They know very well how intolerable this would be and how severely resented in their countries, and yet we must expect they will blow up a noise of persecution; when, if it were considered aright, it is their indiscretion and disregard to our laws that raises a clamour in our own people against the remissness of the government, and all that is intended is to make the papists sensible that the way to preserve the indulgence towards them is by making a moderate and discreet use of it. 2¼ pp. Endorsed, Popish priests: message from the King by Mr. Secretary Vernon to the foreign ministers. R. 12 July, 98. [Ibid. ff. 309–310.]
June 28.
Whitehall.
The same to the Lords of the Admiralty. The King sees no reason for inserting in the instructions to the commander of the men of war, now going to serve upon the island fishery, the two articles formerly included in such instructions but of late omitted. [S.P.44. 204. p. 185.]
June 28.
London.
Sir Miles Cooke to Sir Joseph Williamson at The Hague. I did not stay for an answer of my last by this 1 of July before I wrote to you again, for (as I have often mentioned) your acceptance of mine is reward and return enough for my mean scribbles. But indeed the reason of my so long silence was a contrast between the two Houses (in point of privilege, wherein they are always curious and nice enough of all conscience) and, it being a dispute that hath made great noise abroad, I intend to be the more particular, it being now ended, and the narrative may deserve more exactness than ordinary.
The Commons (I cannot imagine upon what notion) upon the 6th instant sent a message to the Lords to desire that they would take care for a conveniency for their managers at the bar of the Lords' House (in the case of the impeachments against the French smugglers as is usual). The Lords, upon search of the precedents and inspecting the journals, find no such usage, or that the Commons in any impeachments for misdemeanours at the bar of the Lords' House ever had any provisions made for the managers; and so the Lords acquainted them by a message of the 9th instant; nor was there any usage to the contrary. This begot two conferences (pro and con) and at last a free conference, but the Commons, foreseeing that they were in a wrong box, endeavour (by a side wind) to hit off that fault, (fn. 1) and therefore (the day before the free conference) the Commons pass a vote that they would manage the conference by a committee of the whole House, in which case (as upon the trials of my Lords Strafford and Stafford) it was always usual to have an accommodation for them in Westminster Hall. By this change of their case (and declaring it at a conference) the Lords also changed their resolution (and thereby the Commons shifted the dispute in question), and therefore the Lords have determined the trial shall be in Westminster Hall, and the scaffolds are setting up, and it is expected the trials may come on by Thursday sennight (though the lawyers hope to wyerdraw it till the end of the term). Sir, thus far I have written in the Lords' House, amongst so much variety of noise and business that I could not avoid a necessity of so many interliniations. I forgot to tell you that at the free conference, Mr. Sloane (as one of the managers) so far exceeded his instructions as to tell the Lords that in former times both Houses sat together in one room. Thus far (had he gone no farther) such a truth (though mal apropo to the matter in hand) might have passed muster; but to shew his animosity, as well as learning, he told the Lords that there was a time when their Lords[hips] were voted useless. Hereupon he was taken down by the rest of the managers of the conference; and when the report of the conference is made (which is expected every day) he will skape well if he be not sent to the Tower.
The East India Bill (whereby the old East India Company are ruined) hath passed the Commons and hath been once read in the House of Lords; and before a 2nd reading, upon a petition read yesterday from that company, time is given them till Thursday to be heard by their counsel against the Bill: and, though it seems to be a Bill of the greatest hardship imaginable (I must not say unconscionable because the Commons have passed it) but, notwithstanding the unexpressible severities in the case, I will lay odds of the Bill's side, for I never observed yet that any reasons could weigh down a Bill of 2 millions (as this really is, in its consequence).
My Lord Scotch Aran and my Lord Townsend stay more for the new coach and liveries than for a parson to marry them, one to the heiress of the Lord Gerard of Bromlye, the other to Mr. Pelham's daughter, that he had by Sir William Jones' daughter. She weighs 30,000 p. But now let me tell you something of my Lord Abergaveny (who is really a worthy gentleman). He lodged at a relative's of my last wive's in Leicester fields (who let lodgings) who bred up her daughter modestly, who (with her fingers ends and with the dexterity of her needle) made a tolerable figure, with whose prudent behaviour my Lord was so taken as he hath married her. Her best features are her virtue and goodness, which must serve for fortune also.
The trials and this session will end together (about 3 weeks hence) but not a dissolution, but only an adjournment or prorogation at most. My wife, with me and my son Robert (who is really a very fine fellow), most heartily salute you and my honoured good lady.
Since the writing of this, and after Sir Christopher Wren had acquainted the Lords that he could be ready by Monday, the criminals have confessed themselves guilty; of which the Lords have this day acquainted the Commons at a conference; so that perhaps by Friday I may be able to give you a final account of this matter, so that now the Parliament will soon end, and the King speedily begin his journey for Holland. 2 pp. Endorsed, R. July 14, 98. [S.P.32. 10. f. 307.]
June 28.
Whitehall.
J. Ellis to the same. Six of the seven Frenchmen impeached by the Commons having acknowledged themselves guilty, and, it being not doubted that M. Longueville will do the like to-morrow, Parliament is likely to rise on Saturday. It is said his Majesty will set out for Holland the 15th of next month. Comte Bonde has desired a yacht to carry him to Hamburg.
Mr. Chancellor of the Exchequer and Mr. Secretary stand together to be parliament men for Westminster, Sir Stephen Fox declining to stand here.
The earl of Sunderland is expected in town on Thursday come sevenight. Endorsed, R. July 12th, 98. 3 pp. [S.P.32. 15. ff. 155–156.]
June 28. Newsletter to the same. A ship belonging to the East India Company, called the King William, arrived at Plymouth 4 days ago. 3¼ pp. [S.P.32. 10. ff. 311–312.]
June 28.
Whitehall.
Proceedings upon the petition of Capt. Robert Stapleton, Capt. Kerril Roffey, Capt. James Littleton and Capt. Tho. Smith, setting forth that they were commanders of ships under Capt. John Norris, commodore of the squadron that was sent to Newfoundland. They pray for a noli prosequi, for staying suits against them concerning the division or disposal of prizes taken in the expedition, as was granted to Capt. Norris. Referred to the Attorney or Solicitor General.
Mem: another reference upon the same petition was made to the advocate or proctor of the Court of Admiralty. [S.P.44. 238. p. 235.]
June 28.
Whitehall.
Ja. Vernon to the mayor of Portsmouth. His Majesty being informed in Council that John Bird, master boat builder in his yard at Portsmouth, is appointed to be one of the collectors of the 3sh. Aid in the town, whereby he is taken off from his necessary attendance in the yard, I am to write to the Commissioners of the Aid, to desire the parish to choose some other person to be collector in Bird's room. [S.P.44. 99. p. 528.]
June 28.
Kensington.
Warrant to insert Robert Ingram in the next general pardon for the poor convicts of Newgate, with condition of transportation: he was reprieved by warrant of the 21st inst. [S.P.44. 347. p. 203.]
June 29.
Kensington.
The King to the Lords Justices of Ireland [reciting the Address to the King from the English House of Lords 'to discourage the woollen manufacture of Ireland and desiring he will recommend to them the increase of their linen manufacture.' voted on June 9th, printed in House of Lords Journals, XVI, pp. 314–315] requiring them to take the most effectual care 'to encourage our subjects in that kingdom to turn their industry and skill to the linen manufacture, and to avoid all occasions of giving jealousy to our subjects here, by carrying on a trade of the woollen manufacture prejudicial to this kingdom.' [S.P.44. 163. pp. 109–110.]
June 29.
Kensington.
Warrant for the grant to Charles, duke of St. Albans, of the place of Register of the Court of Chancery. After reciting (1) letters patent of 9 Sept., 28 Charles II, (reciting letters patent of 6 Sept., 13 Charles II, whereby he had granted the office to Henry, late earl of St. Albans, and Baptist May, for the lives of them and the survivor) granting the reversion to James, duke of Monmouth, Charles, Lord Cornwallis, and Thomas Felton, for the lives of them and the survivor: (2) the declaration, dated 2 April, 32 Charles II, by the last mentioned that they held in trust for Madam Ellen Gwinne: (3) the devise by her by will, dated 9 July, 1687, of the benefit of the trust to Charles, duke of St. Albans and the heirs of his body: (4) letters patent of 28 Jan., 36 Charles II, granting the reversion to Sir Stephen Fox, knt., and Pierce Kirk and their heirs for ever upon such trusts as he should by writing declare: (5) a declaration by James II by instrument dated 31 March, 1 James II, that the last mentioned grant was for the benefit of Charles, duke of St. Albans and the heirs of his body: (6) a declaration to the like effect by Fox and Kirk, dated 15 May, 1 James II. (7) the request of Charles, duke of St. Albans for a new grant, for three lives:
the warrant grants the office (on surrender of the two former grants) to Charles, duke of St. Albans, Charles, Lord Burford, and Francis Godolphin, to hold and exercise the office by themselves or their deputies, to be approved by the Court of Chancery, for their lives and the life of the survivor in trust for the duke. [S.P.44. 347. p. 207.]
June 30. [Proceedings in Parliament.] Report was made this day from the committee appointed to draw up the Addresses for keeping Ireland within the bounds of their dependency on the crown of England and for encouraging the linen manufacture there, so as they may not proceed in the woollen manufacture to the prejudice of this kingdom. There were some expressions in the former of these Addresses which were thought to bear too hard on the subjects of Ireland, and therefore the House left them out; such as their sending over a bill, to re-enact a law that had passed here, was an open and explicit act of disobedience; as also that the Parliament of Ireland be required to send over from time to time copies of their Journals, in order to the laying them before the Parliament here. It was supposed the occasions would be avoided for the future of giving the same jealousies here, and therefore the House was willing to bring them to it by the fairest means. It was resolved that these Addresses should be presented by the whole House.
Demeter and Auriol were the two who were last impeached, the first of them pleaded guilty this day, and the other fled before he could be found. There is only Longueville who has not altered his plea; he thinks himself justified, in that he has not been concerned in the silk trade since he paid a fine, by way of composition, for some goods that were seized while he was in partnership with Goudet and others.
The Lords sat long in a committee to-day to search precedents relating to the manner of their giving judgment in these cases. By which it appears the practice has been that they send to the Commons, to give them notice when they are ready for judgment.
Before they went into this committee a report went about the House that these persons had been overpersuaded to plead guilty by Mr. Sheppard the merchant; and that he had told them, if they would subscribe £300,000 to the new company, they should have their fine moderated and remitted; which was thought fit to be enquired into; and all parties concerned were sent for. But when it came to the upshot there was no more in it than that some of them, applying to Mr. Sheppard, he told them they must know best their own cases; and if he were accused of a matter he knew himself guilty of, he would own it and throw himself on the mercy of the Court, and there was not the least mention made of subscriptions. It is thought this examination has turned very little to the benefit of the persons impeached. 2 pp. [S.P.32. 10. ff. 313–314.]
June 30.
Kensington.
Commission for Mr. William Smith to be chaplain to Colonel Frederick Hamilton's regiment of foot. [S.P. 44. 167. p. 336.]
June 30.
Whitehall.
The King's approbation of Sir Edmund Fettyplace, bart., to be deputy lieutenant of the county of Oxford. [Ibid. p. 363.]
June. Docquets of a commission of lieutenancy to Charles, Lord Cornwallis, for co. Suffolk: of the denization of Otto, Baron Schwerin, (a subject of the Elector of Brandenburg): of a grant to John Bromfield, gent., of the office of ranger in the New Forest: of the presentation of Thomas Dunster, D.D., to the rectory of Marsh Gibbons, co. Bucks. [S.O. 3. 20. ff. 148v.–149.]
Docquets of a grant to Sir Cyrill Wich, knt., of two fairs in the manor of Gaywood near Lynn Regis, co. Norfolk [ibid. f. 150]: of a pardon to Edward Bird, gent., and Sir Henry Bond, bart., of all treasons etc.: of a pardon to Edward Marriott, gent., for counterfeiting or false endorsing of Exchequer bills [ibid. f. 150]: of the confirmation to the town of Romsey of their charter of James I and a grant of new privileges: of the grant of a patent to John Yarnold, gent., of an engine for draining mines etc.: of a pardon to Charles, Lord Mohun, for killing William Hill [ibid. f. 150v.]: of a grant to Edmund Williamson, junr., gent., of the office of one of H.M. sergeants-at-arms, upon the surrender of Edmund Williamson, sen., esq., and all arrears due to Edmund Williamson, senr. [In the margin.] Memd: this amendment was made in the bill in his Majesty's presence and by his command. [Ibid. f. 151.]
Docquet of a licence to Sir Thomas Stanley, bart., who went into the French king's dominions since 11 Dec., 1688, to return; the like to John Hussey, William Daker, Robert Hanan, Francis Bidulph, gent., John Bidulph, gent., Thomas Viner, esq., Francis Roche, gent., James Hills, Sir Francis Leicester, bart., Jordan Longdale, gent., Edward Duncombe, Charles Manners, esq., Francis Brathwayt, gent., Sir Robt. Gayer, K.B., and Lady Gayer, her children and servants. [S.O.3. 20. f. 151.]

Footnotes

  • 1. Cf. Fielding, Tom Jones, "it happens to this sort of men, as to bad hounds, who never hit off a fault themselves." N.E.D.