BHO

William III: March 1699

Pages 77-123

Calendar of State Papers Domestic: William III, 1699-1700. Originally published by His Majesty's Stationery Office, London, 1937.

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March 1699

Mar. 1. "Opinion of the judges about visiting foreign ships in our ports."
The French ambassador complains: that one King, master of a French ship, having taken on board several goods at Rotterdam and sailing for Caen, was forced by bad weather to put in at Dover, where he was immediately visited by the Custom House officers, who found on board his ship 15 packs of wool, which had been loaded in Holland, as appears by his bills of lading; notwithstanding which, capt. Edwards brings an action against him at law for the confiscation of the same; pretending that this wool is English wool: that one Blair, master of a French ship, is in the same case, having taken on board at Rotterdam several goods, and amongst others eight packs of wool, and sailing for St. Vallery, had the misfortune to run aground at Ramsgate, where the Custom House officers visited him, and gave him all the assistance they could; but the same capt. Edwards pretends that these eight packs of wool are English wool, and therefore has caused Blair's ship to be seized; although he justifies by his bills of lading from merchants in Holland, and by witnesses, that the said 8 packs were on board his ship when she run aground at Ramsgate:
that Peter Trouvé, master of a French ship, coming from Leith in Scotland and bound for Rouen, has been seized by the officers of the Customs at Yarmouth, where the ship put in only for shelter against a storm and to provide themselves with an anchor, upon pretence that the ship was laden with English wool:
the States General of the United Provinces likewise complain in a letter to his Majesty, of the stopping and visiting the two former ships, which were laden in their dominions, alleging it to be contrary to the treaties between his Majesty and them.
Q. How far ships belonging to the subjects of Princes in friendship with his Majesty, may be liable to be visited on our part, when they come into our ports for avoiding the dangers of the seas, without any intention to dispose of any of their goods here ? and
Whether they can be questioned for goods bought in foreign markets, which are not to be disposed of here ? And what may be done for the relief of those who are so visited, seized, and detained ? And in what method it may be soonest done ? And how far the like seizures may be prevented for the future ?
[Opinion.]
(1) They are liable to be visited, if there be just cause of suspicion of their having on board goods which are by law forfeited to the king.
(2) They may be questioned: for the sale in foreign markets does not divest the interest accrued to the king by the forfeiture.
(3) The king may by law discharge his interest in the forfeiture: and for the future may please to give his royal directions to his officers to take special care not to visit any foreign ships without just cause.
J. Holt. Geo. Treby. Edw. Ward. Tho. Trevor. R. Raines. Jo. Hawles.
(1) I concur in opinion that they are liable to be visited, so as it be by virtue of a special warrant upon information. But if all ships driven into his Majesty's ports may be searched by colour of a general order given to the Custom officers or others, I humbly conceive that such proceedings are not agreeable to the laws of nations, or the usage in any trading country.
(2) I also agree that they may be questioned, and that no sale or transference by a wrongful possessor of another man's goods can, according to the civil law, alter the internal right or property thereof, because no man can transfer more right than he has: but, as the laws of England, for the convenience of trade and encouragement of buying and selling in fairs and markets, have, as I take it, abolished that law, so the necessity for carrying on public trade and commerce has by the common consent of nations introduced a practice which does the same in effect, though it could never be established directly or by any positive law. For I conceive, with humble submission, that the general practice among trading nations at this day is, that although the true owner by the strictness of the civil law shall have his goods wheresoever he finds them, yet the purchaser in a public market bona fide shall be considered by the right owner in as much as the recovery of his goods would have cost, which is to be taxed by the well regulated discretion of the magistrate, considering all the circumstances of the case: and this for the most part amounts to as much or more than the true value, and consequently does the same thing as altering the property. Besides, if the sale of a foreigner's goods in an English market binds a foreigner, and determines his property, I do not understand why the sale of an Englishman's goods in a foreign market should not have the same effect against an Englishman. For if other nations deal with England no otherwise but as England does by them, they seem to me to be justified by all laws whatsoever, but I most humbly submit to better judgments. C. Hedges, Mar. 1. 1698.
Autograph signatures: endorsed in Secretary Vernon's handwriting R. 2 Mar. 1698–9. [S.P. 32. 11. ff. 182–185.]
Mar. 1.
Whitehall.
Ja. Vernon to Mr. Stocke. I received your letter and approve your vigilance, but Mr. Mackye having sent me an account of the persons who came to him there need be no further enquiry. [S.P. 44. 99. p. 615.]
Mar. 1.
Rye Bay.
Capt. Henry Fowlis of the Deal Castle to the Admiralty. This day I came into my station, and off the Ness I saw a small sloop hovering. He stood away, so I fired a shot and chased him for four hours. I have sent her into Rye Harbour. One of my men has made an affidavit that he saw the sloop about three months since with eight packs of wool in Calais harbour, and believes that he makes it his trade, so shall refer to their lordships' further directions. Copy. [S.P. 42. 5. 83.]
Mar. 1.
Kensington.
Commission to Jean Rabault de La Coudriere, to be lieutenantcolonel of the earl of Galway's regiment of horse. [S.P. 44. 167. p. 386.]
Mar. 2.
Kensington.
By the king, a proclamation. Whereas his Majesty hath been informed that great numbers of papists and other disaffected persons, who disown his Majesty's government, have lately resorted to and assembled in the cities of London and Westminster, contrary to the known laws, whereby they may have opportunity to perpetrate some wicked attempt upon his royal person: his Majesty therefore upon the Address of [the House of Commons] strictly commands all popish recusants, natives or denizons, above the age of 16, that they do according to the statutes, repair to their places of abode, and, if they have none, then to where their father or mother is, and do not pass above five miles from thence. And his Majesty commands the lord mayor of London and all justices [etc.], within, London and Westminster and ten miles of the same, that they put in execution the statute 1 W. and M., (an Act for the amoving papists [etc.] from London and Westminster), by tendering to them the declaration therein mentioned. And his Majesty charges the aforesaid and all other justices to tender the declaration aforesaid according to one other Act, made in 1 W. and M. (intituled an Act for better securing the government by disarming papists). And his Majesty commands all justices, where they shall be informed of any person suspected not to be well affected, to put in execution the Act, 7 and 8 W. III. (intituled an Act for the better security of his Majesty's person and government) by summoning the persons and tendering to them the oaths appointed to be taken. And all deputy lieutenants and justices shall meet monthly to inquire into the affairs of their counties [etc.] in relation to the premisses, and prevent all unlawful assemblies, and inform the privy council of their discoveries. Printed: 1 p. [S.P. 45. 13. p. 168.]
Mar. 2.
Whitehall.
Ja. Vernon to Dr. Hyde. I delayed acknowledging your letter till I could lay the translation of the Algiers letter before his Majesty. I see there is nothing in that language too hard for you.
His Majesty thinks of removing the person who is grown so disagreeable to that government, and when another is appointed he should receive your instructions in relation to the letters that come from thence.
We heard formerly how easily letters have been procured from those governments for a small piece of money to their secretaries, and you remember the complaints the consul made of one Butler. I hope he has not contrived this revenge upon the consul and fought him with his own weapon. It is hard to make a right judgment of such a people and at such a distance. [S.P. 44. 99. p. 616.]
Proceedings upon the petition of Charles, earl of Burlington; setting forth that he is desirous to enlarge his garden belonging to his house in the parish of St. James's, Westminster; and that he has a field of about 6 acres adjoining to the north side of his garden, very conveniently situated for that purpose.
There is a footpath leading between the north side of his garden and the said field, from a place called Glass-house street to a parcel of ruinous and uninhabited buildings called Bond Street, which is a great inconvenience to him and does obstruct him in his said design, and the enclosing of which will be no prejudice to his Majesty or any of his subjects, but rather an acceptable convenience to most of the principal inhabitants near the said place, as they have declared. He prays his Majesty will grant him letters patent to enclose the said footpath, making in lieu thereof another way on the north side of the 6 acre field. Referred to the attorney or solicitor-general. [S.P. 44. 238. p. 289.]
Mar. 2.
Kensington.
Brevet to Richard Gorges, esq., adjutant-general of the forces in Ireland, to command and rank as colonel of horse. [S.P.44. 167. p. 372.]
Mar. 2.
Whitehall.
Allowance by the Secretary of State of the extraordinary expenses of Edward, earl of Jersey, ambassador extraordinary to his Most Christian Majesty, from July 18, 1698, to Oct. 18 following, and from Oct. 18, 1698, to Jan. 18, 1698–9. [S.P. 44. 347. pp. 402–3.]
Mar. 2.
Kensington.
Warrant for a grant of a patent to John Shallcross, esq., for an invention of tiles or bricks to lay the floors of kilns, [etc.]. [Ibid., p. 404: S.O. 3. 20. f. 167v.]
Royal warrant reciting that by letters patent [dated Dec. 4, 1697] the king granted to William van Huls, esq., the office of post or carrier of all his letters and despatches between his court or palace of residence and the first post stage or post office, with the usual allowance of 10s. per diem: and "whereas by reason of our constant residence at Kensington [he] has been at the charge of an extraordinary deputy to attend there, besides the attendance on the offices of our Secretaries of State at Whitehall," the warrant directs that a bill be prepared granting him the post for life with an allowance of 20s. per diem. [S.P. 44. 347. pp. 410–12: S.O. 3. 20. f. 167v.]
Mar. 3.
Whitehall.
Ja. Vernon to lord ambassador Williamson. The duke of Bolton's will was opened yesterday, in which he has shown more regard to the earl and countess of Bridgewater than to his son the present duke, who has nothing added to his marriage settlement, which is £10,000 p. ann. Lord William has about £4000 p. ann., but the money, plate, jewels and some lead mines, amounting in the whole to upwards of £30,000, are given to lord and lady Bridgewater, except £2000 that lord St. Johns has for a legacy.
The House of Lords are making some enquiry into Admiralty affairs, having received a complaint from capt. Desborough, which was before the House of Commons last year, upon his being wronged of his share of prizes that were taken by commodore Norris's squadron in the expedition to Newfoundland. [S.P. 32. 15. f. 336.]
Newsletter to the same. Lord Maynard died some days ago at Bury St. Edmund's.
His Majesty intends to go to Newmarket the Tuesday in Easter week.
Yesterday the House of Commons went into committee upon Supply, and came to the resolution that a sum not exceeding £300,000 be granted for maintaining guards and garrisons for the year 1699. [S.P. 32. 11. f. 186.]
Mar. 3.
Whitehall.
Ja. Vernon to Mr. Tho. Marsh at Dover. I have your letter, and Mr. Pulteney shewed me the letter you wrote to him. Hunter stands charged with so many crimes that it would be of little use to meddle with him. The naming of an Owler or two can't attone for his faults. [S.P. 44. 99. pp. 616–7.]
Proceedings upon the petition of count Dona-fferassier; setting forth that he married the lady Ellen Colvill, widow of Hill Colvill, esq., who at the time of her marriage was seized of some lands in the counties Antrim and Downe, in Ireland, for her life, of £1000 and upwards p. ann. He is informed that he being an alien, neither naturalised nor made a denizen before his marriage, the said jointure belongs to his Majesty during the joint lives of him and his wife, though he was created a denizen after marriage. He prays that a commission under the great seal of Ireland may issue to enquire of his Majesty's title to the jointure, and rents and profits thereof accrued since the marriage, and that the jointure may be granted to the petitioner during the joint lives of him and his wife. Referred to the Treasury. [S.P. 44. 238. p. 290.]
Allowance by the Secretary of State of the extraordinary expenses of Robert Sutton, esq., his Majesty's secretary at the court of Vienna, from May 1st to Nov. 1st, 1698. [S.P. 44, 347. pp. 405–6.]
Warrant to apprehend Michael Smith, for suspicion of high treason. [S.P.44. 349. p. 99.]
Mar. 4.
Dublin Castle.
The lords justices of Ireland to Mr. Secretary Vernon. In obedience to his Majesty's commands (signified in your letter of the 14th past) requiring our opinion upon the Addresses from the House of Commons transmitted by us, we are to acquaint you that the Commons, by their desire of quashing the charters of the butchers, bakers and brewers of this city, seemed not only to aim at a remedy for the present dearness of provisions, but to prevent in some measure the like for the future; it being generally allowed that the present dearness has not proceeded so much from a scarcity as from an abuse of the privileges granted to those corporations, by a mutual combination to raise the price of their commodities; which would not be so feasible, were the exercise of those trades equally free to all persons. It therefore seems to us that dissolving the corporations would tend to the public convenience.
We must observe that it is against the bakers' charter only his Majesty's directions are now desired, for a scire facias to issue; his Majesty having already upon their application directed one against the brewers' charter, which is now in prosecution; and, there being a clause in the butchers' charter reserving to his Majesty a power of vacating the same when he shall think fit, it will be sufficient that his pleasure be signified under the privy signet to that effect.
The estate of Mr. Richard Martin being an entire tract of land of about thirty miles extent, in a remote part of the province of Connaught, inhabited for the most part, if not wholly, by papists, it is apprehended that the creating of it into a manor may be a hindrance to levying his Majesty's dues thereout; and an obstruction of justice where any protestant shall be concerned; the executive part and the judicial power in that manor court being in the hands of papists, or such who, though they may qualify themselves according to law, will be wholly under the direction of papists, whereby all protestants will hereafter be discouraged from planting there.
It was upon these considerations the Commons framed heads of a Bill for dissolving all the manors in the hands of papists in this kingdom; which were transmitted by us in form; but, not being returned, they addressed against this of Mr. Martin particularly as the most dangerous, by reason of its great extent and its situation in a remote part on the sea coast; which, in case of a foreign war, would give the inhabitants an opportunity of corresponding more securely with his Majesty's enemies.
As to the three persons recommended by the House of Commons to his Majesty's consideration, the nature of their services being particularly expressed, we submit to his Majesty's wisdom. Two are now in the army, viz. capt. Pearce in Sir Henry Belasys's regiment, and cornet Knox in col. Connyngham's dragoons. Lieut. Campsey was in lord Mountjoy's regiment, lately dissolved.
We have received the enclosed Address from the presbyterian ministers of the north of this kingdom. [Signed]. Winchester, Gallway. 5 pp. [S.P. 63. 360. ff. 46–49.]
The address of the presbyterian ministers and people of that persuasion in the north of Ireland, to the king. [The Address is an expression of loyalty, and appreciation of the king's wisdom in choosing the chief governors "now over us. "] Signed by Alex. Hutchesone. Hugh Kilpatrick. Will. Adair. — Gordon. Jo. McBride. 1 p. [Ibid. ff. 50–51.]
Mar. 5.
Whitehall.
Ja. Vernon to the mayor of Dover. I have sent a messenger with a warrant to receive into custody Dowdall the priest, now in your hands. [S.P. 44. 99. p. 617.]
Mar. 5. Warrant to receive into custody — Dowdall, for suspicion of high treason. [S.P. 44. 349. p. 100.]
Mar. 5.
Whitehall.
Proceedings upon the petition of William Bainbridge, esq.; setting forth that he is lord of the manor of Kegworth in the county of Leicester, which is a large and populous town. There is no market or fair near the town, and the inhabitants thereof and of the adjacent villages are put to great inconvenience. He prays a grant for him and his heirs of a market on every Wednesday, and two fairs, one on Easter Monday and Easter Tuesday, and the other on Sept. 29th and 30th, yearly, within the town, with usual tolls. Referred to the attorney or solicitor-general. [S.P. 44. 238. p. 291.]
Mar. 5.
The Hague.
Pass to Mr. Michael Baurau, belonging to Mr. Coterel, son to Sir Charles Coterel. [S.P. 44. 386. p. 21.]
Mar. 6.
Whitehall.
Ja. Vernon to the attorney-general. His Majesty intending to appoint a general Fast to be observed throughout the kingdom would have you prepare a draught of a proclamation. My lord of Canterbury (whom you will see in the House of Lords) will acquaint you with the reasons to be assigned for this Fast. [S.P. 44. 99. p. 618.]
Ja. Vernon to the lords of the Treasury. The lords chief justices, the lord chief baron, the attorney and solicitor-general and the judges of the Admiralty and Prerogative Court having been advised with upon the cases of foreign ships lately visited in our ports upon pretence of searching for wool, when they come in only for shelter against stress of weather, and had no intention either of taking in goods or unlading here, but were bound homewards with the goods they had bought in foreign markets; it being their opinion that for the remedying thereof for the future his Majesty may give orders to his officers not to visit foreign ships, so coming into our ports or for other just cause, but by virtue of a special warrant upon information; it is his Majesty's pleasure that you direct the commissioners of Customs accordingly. [S.P. 44. 99. pp. 618–9.]
Ja. Vernon to Mr. Gibbs, Mr. Beale, etc. I have yours of yesterday, with Mr. Beverton's information concerning pictures of the pretended Prince of Wales, lately brought from France, which he had seized. You will make further enquiry as to the persons concerned in bringing them over and the medals you mention. You will communicate this to Mr. Taylor and Mr. Watson. [Ibid. p. 619.]
The same to Mr. Beverton. I have seen your information before some justices at Canterbury, and your letter to capt. Baker concerning pictures of the pretended Prince of Wales, brought lately from France, which you seized. Your diligence is much to be commended.
You will mark some of the pictures, so as to know them again, and send them to me; and enquire after the medals you narrowly missed, and the persons who brought them over. [Ibid. pp. 620–1.]
Mar. 6. Warrant to search the house of — Strech for seditious papers and prints, and to seize him and them. [S.P. 44. 349. p. 100.]
Mar. 7.
Whitehall.
Ja. Vernon to lord ambassador Williamson. I have your letters of the 6th, 10th, and 13th inst., and have laid them before his Majesty, who does not doubt but the Pensioner and you will well consider and weigh what is fit to be put into the treaty of mutual defence, if no other is to be made at this time; and what you shall both resolve on his Majesty will approve. The reciprocal, I suppose, will admit of no difficulty on their side.
The main question is whether the guaranty of the treaty of Altena should have place in this treaty, when the Danes are not allowed to come into it, and, if they were like to interpret it as a disobligation, whether his Majesty should so far engage himself by new public ties, before he is assured of the Swedes that they will not afterwards conclude their nearer alliance elsewhere.
I suppose this treaty would be clapt up of a sudden, if they could get into it what they aim at, while the nearer alliance, which is to be our counter security may meet with many rubs. One of them may be that the treaty of commerce under Mr. Robinson's care is to go hand in hand with it. Yet I don't perceive that they show any forwardness in it. But so much he finds, that it will be laid down as a principal condition of that treaty that we first make them satisfaction for the damages they pretend to have sustained by our bringing in and condemning of their ships during the war. That may be a long reckoning, and I know not how easy it may be for his Majesty to comply with it. Besides Monsr. Lilierode seems to be one who may have many things in reserve, that are to appear only one after another. But his Majesty is for laying no obstructions in the way on his part, and therefore would have you proceed to what can be done, as far as the Pensioner and you shall think it advisable.
I send you a copy of his Majesty's guaranty of the treaty of Altena, as I received it from Mr. Blathwayt. As to the older guarantys your Excellency gives the reason why it would be to no purpose to look after them here.
I have a mind to speak with Sir Charles Hedges about the article you send me of the treaty between Holland and Sweden, to know his opinion of it. There is one part of it that I doubt how we should be able to make it good as the case may happen. It says that prizes brought into one another's ports shall not be subject to arrests. But if an Englishman finds his ship so brought in, though it had been taken by an enemy, our law would restore it to him upon payment of salvage. Then the latter part of the article seems very much to weaken it, which allows the men of war and privateers of those Princes and States to stay in their ports that have this liberty by former treaties; which will make that part of the article of little use to us, if we fall into a war again with France, and perhaps the whole article is insignificant in all other respects.
[P.S.] I am obliged for your information in Clifford's affair, and shall make use of it when he comes hither. [S.P. 32. 15. f. 337.]
Mar. 7.
Whitehall.
R. Y[ard] to the same. This day the House of Commons went into committee on Supply; and the question being put "that a duty be laid on all malted corn from the time the present duty does expire," it passed in the negative: after which they resolved that a duty be laid of 3 shillings in the pound upon land, in the same manner as it was last year.
Yesterday arrived three posts from Holland, and I have as many letters from your excellency. I thank God I am very well again. [S.P. 32. 11. f. 187.]
Ja. Vernon to Mr. Hartopp. I shall acquaint his Majesty with the care you and the rest of the gentlemen have taken to enquire into the designs of ill minded people. Though this person has escaped you at present, I hope you will continue the same watchful eye over others no better affected; the behaviour of many of them giving a more than ordinary occasion to suspect that they are entering into cabals. [S.P. 44. 99. p. 620.]
Mar. 7.
Dublin Castle.
Lord Galway to Mr. Vernon. We received four packets the day before yesterday, and I have your letters of the 25th and 28th ult. We have ordered Corneille to go to England for his naturalisation.
I thank you for the trouble you have taken about Mr. Capoll's knighthood. The ministers or minister who wrote the pamphlet took care to send it to me, with a note in a hand which I think was disguised. One must excuse the results of bad temper caused by poverty.
You will see from the duke of Bolton's letter that he thinks he must go to England on private business. He suggests what should be done about government in the interim. I have not thought fit to make any suggestion myself, but I heartily approve the suggestion made by him. We have always agreed and we agree on this occasion, particularly as to not leaving the nomination to the council, which should only be done in an emergency. It is desirable that the orders should come from the king, when time permits.
We shall give all possible assistance to lord Bellew; I know how much the duke of Shrewsbury is interested in his affairs. French. 2 pp. [S.P. 63. 360. ff. 52–53.]
Mar. 8.
Kensington.
Warrant to the lords justices of Ireland to give orders to Philip Savage and his co-trustees to set the forfeited estates of Sir Valentine Browne (lord Kenmare) and his son, Sir Nicholas Browne: the rents to be subject to the payment of £1000 to the earl of Bellamont, and the overplus to be paid to Helen Browne (viscountess Kenmare), wife of Sir Nicholas Browne, for satisfying an annual sum of £400, granted to her by Queen Mary in 1692, towards the support and maintenance of herself and her children. (Treas. Cal., XIV., 297). [S.O. 1. 14. pp. 142–4.]
Mar. 9. T. Windam to Robert Hewett, esq. The particular respect I have for Mr. Auditor Aldworth for services done me obliges me to shew my gratitude. Understanding lately he is basely dealt with by a villain, by name Sir James Tilly, I take occasion to give you what lights I meet with in that affair.
You may acquaint Mr. Auditor to instruct his counsel that Sir James glories in having tricked him. Let him interrogate Sir James how much money he paid to the auditor and when, what he charged his master Mr. Vane, now lord Barnard, and when, and by comparing his answer he will find Sir James a rogue on both sides, as he has notoriously made himself appear one lately by subornation before the Chancellor. [Endorsed] to Robert Hewett, esq., at his house in Albemarle buildings near St. James's Street, Piccadilly. [S.P. 32. 11. ff. 188–189.]
Mar. 9.
Kensington.
Commissions to the earl of Albemarle to be captain and colonel of the first troop of horse guards, upon the surrender of the earl of Scarborough: [S.P. 44. 167. p. 372]: to John Birch to be lieutenant of capt. John Headlam's company in col. Tidcombe's regiment of foot [ibid. p. 388]: to Tho. Garston, esq., to be captain in col. How's regiment of foot [ibid.].
The petition, to the king, of James Plunckett of Castle Plunckett, co. Roscommon: sheweth that your petitioner, being a captain in the Irish army before your Majesty's accession, immediately on notice of your Majesty's first declaration for reduction of Ireland laid down his commission, and retired to his usual place of abode in co. Roscommon; where he lived ever since quietly, always demeaning himself with all tenderness to his protestant neighbours, as appears by the annexed certificate.
He has [in consequence] been a great sufferer by the Irish army and raparees, having lost stock and personal estate to the value of £2000.
He has a small estate in co. Roscommon, whereof he is but bare tenant for life; which he lost, during the late rebellion, by an Act passed by the late pretended Irish Parliament; but is now in possession thereof by an Act of Parliament, made in England in the 1st year of your Majesty's reign.
Your petitioner, as soon as your Majesty's forces reached his abode, cheerfully submitted, took the oath of allegiance and ever since behaved loyally.
He is not outlawed for treason or other offence; but is indicted for treason at the last assizes at Roscommon for being in the Irish army after your Majesty's accession and before he had notice of the said declaration. In these circumstances he prays a pardon; offering his children to be educated as protestants, and that two-thirds of his small estate be set to protestants. 1 p. without signature or date. [S.P. 63. 360. ff. 54–55.]
Mar. 9. Robert Rochfort [to the lords justices of Ireland]. In obedience to your order of 27 Feb. last I have examined [the above petition of James Plunkett]. He has produced a certificate from several protestant gentlemen and justices of co. Roscommon that they have known him for several years, and always found him courteous, especially during the late war in this kingdom. He, being a captain in the Irish army, in December, 1689, laid down his commission. The petitioner and his father had black cattle and sheep to the value of £2000, most of them destroyed by the raperees and Irish army. The petitioner has a wife and many small children, the eldest not 6 years of age. This certificate is dated Sept. 28th, 1693, and is hereunto annexed.
James Verdon of Castle Plunkett made affidavit Oct. 21st, 1693, verifying the signatures to the said certificate.
I find that Gilbert Ormsby and William Ormsby, esqs., certified on Oct. 24th, 1698, that Mr. Plunkett was a good neighbour. This certificate is annexed, with another of Oct. 20th, 1698, by Daniel Wybrants, esq., deputy clerk of the Crown, that he does not find that James Plunkett stands outlawed; but at last summer assizes, held at Roscommon, he was indicted for high treason, but is bailed.
The petitioner also produced the settlement made by Patrick Plunkett, his father, whose son and heir he is, dated June 12th, 1688, on the petitioner's marriage. I find he is but tenant for life, and has no power to make leases for years, or life or lives, and, without he be enabled by Act of Parliament, cannot make leases longer than during his own life. But he says he is willing to be at charge of passing such Act. Signed Rob. Rochfort. 2½ pp. [S.P. 63. 360. ff. 56–57.]
The certificate above referred to, dated Sept. 28th, 1693, signed by Gilbt. King, J.P.; Edw. Haukes, clerk and J.P.; John Crofton, J.P.; Geo. Crofton [and others], and verified by affidavit. 2¼ pp. [Ibid. ff. 58–59.]
Mar. 9.
Kensington.
Warrant for the grant of a patent to Abraham Bayly, esq., Isaac Bennett, Isaac Crabb, Arthur Evans and John Bayly, gents., for the invention of drawing low wines and spirits from turnips, carrots, and parsnips, sufficient in quantity and quality for the consumption and trade of this kingdom; which are much cheaper and better than any distilled from corn, and will save the great consumption of corn, now grown very dear. [S.P. 44. 347. p. 407: S.O. 3. 20. f. 168.]
Mar. 9. Warrant to apprehend the Sieur de la Haye, for suspicion of high treason. [S.P. 44. 349. p. 100.]
Mar. 9.
Whitehall.
Post warrant for Mr. Skelton Sucklin, to Lincoln. [S.P. 44. 387. p. 157.]
Mar. 10.
Whitehall.
Ja. Vernon to lord ambassador Williamson. I have received this day your letter of the 17th, and shall endeavour to lay it before his Majesty to-morrow, to know his pleasure as to the mentioning of ships in the treaty, that should be furnished one to another; which I see no difficulty in, nor in what the Pensioner proposes, that the kind of succours to be furnished, whether in men or money, should be such as he who stands in need of them requires, provided it be mutual and reciprocal.
But I understand this day by Leyoncrone that the Swedes take it for granted that, when they have occasion to demand our succours, they will require it in money; and they propose to themselves to furnish us only with men, whom we are to be at the whole charge of maintaining as soon as they come among us. Whether it be so understood by you and the Pensioner I know not.
Leyoncrone likewise gives me a reason (which he pretends to do in confidence) why they press to have the guarantys put into this treaty, as doubting whether the States are fully resolved upon perfecting the treaty of nearer alliance. I told him they might easily satisfy themselves in that particular. It was but Monsr. Lilierode's emptying himself of all he had in reserve, and it would appear that our dispositions to an union were as strong and clear as theirs could be.
His occasion of coming to me was to bring another complaint of a sentence lately confirmed by the lords of appeals against one of their ships. I can look upon this only as a treasuring up indignation, or providing excuses for their accepting other offers. He tells me that we and the States should make all the advances towards the strict alliance, as being the nearest to danger; the distance they were at was their security. I told him there was nobody without an ill neighbour which made friends necessary though at a distance.
I would not omit these particulars since perhaps it may be of some use to know them.
I refer you to the enclosed for our parliament affairs. By what has passed these two days people may learn not to presume too much upon their strength in the House, where parties do not always prevail, but reason and justice still carry a sway. [S.P. 32. 11. f. 192.]
Mar. 10.
Whitehall.
R. Y[ard] to the same. The earl of Scarborough has resigned the command of the first troop of guards, for which he has a compensation, and his Majesty has given the command to the earl of Albemarle.
Lord Carmichael is on his way hither from Scotland, and it is said the king intends to make him one of the Secretaries of State of that kingdom, which has been vacant some time by the surrender of the earl of Tullibardone.
The Commons to-day went into committee upon the state of the navy, and there was a long debate concerning the Centurion, man-of-war, staying so long in the Straits. But the same was let fall before they came to any question. The Centurion, after she had a great quantity of silver on board, was it seems detained some time at Cadiz; this is the thing complained of, and the fault is laid both upon the commissioners of the Admiralty and admiral Aylmer. Endorsed, R. 24th–99. [Ibid. ff. 190–191.]
Ja. Vernon to the Treasury. His Majesty finding it for the service of the public that some young students in the university of Oxford should be instructed by Dr. Hyde in the modern Arabic and Turkish languages, he is pleased to allow £100 p. ann. for that purpose; viz., to Mr. Wallis and Mr. Marshall £40 each p. ann., they being made choice of by the archbishop of Canterbury, as persons who have a genius for languages, and to Dr. Hyde £20 p. ann. for teaching them. These allowances are to be paid quarterly to the bishop of Oxford for the uses aforesaid. [S.P. 44. 99. p. 621.]
The same to Mr. Taylor of Canterbury. I have your letter acquainting me that you have committed one James Collins, who delivered the pictures to the Maidstone carrier, and says he had them from one Mr. Lucy. When this Lucy is taken you will send me his examination, to be put into the attorney-general's hands. As for the Agnus Deis and other popish trinkets which Mr. Beverton seized, the statute I think appoints they shall be burnt, and I hope he will not suffer any of these things to be otherwise disposed of than as the law directs, and that you will take care that none of the pictures be given abroad.
Send me what evidence there is against Lewis, who you say has carried over to France moulds for medals of the late king and his queen.
You will communicate this letter to the rest of the gentlemen, with my thanks for the care they have shewn in this matter. [Ibid. p. 622.]
Mar. 10.
Whitehall.
The same to Mr. Janeway: about the pictures seized by Beverton. [Ibid. p. 623.]
Mar. 11.
Whitehall.
Ja. Vernon to the attorney-general. His Majesty would have you prepare a proclamation to be passed by the lords justices of Ireland for disbanding part and keeping up the rest of the forces there, pursuant to our late Act of Parliament. You will leave blanks for the regiments, troops and companies that are to be continued, to be filled up with a list that is not yet settled. [Ibid. p. 625.]
The same to Mr. Beverton. I will put his Majesty in mind of your zeal. I hope you will not let these prints be dispersed abroad. As to the other seizures, of fans, etc., those the law has given you an interest in, and you will enjoy it accordingly. I shall endeavour to find out Welsh, and, as far as he shall appear to be the importer, he shall be answerable. [Ibid.]
The same to the Treasury, transmitting the case and request of Mr. Henry Killigrew, for their opinion what the king might do for his gratification and relief.
Enclosure: Mr. Henry Killigrew was servant to Charles I and to Charles II, and a groom of the bedchamber at the time of the king's death: as groom he had a pension of £500 p. an., £300 p. an. from the cofferer's office, £300 p. an. from Mr. Kingdon's office: so he had £1100 p. an. when the king died. He received nothing all the time of King James, and what danger he underwent to serve his present Majesty several persons of the greatest quality can testify. When he obtained £400 p. an. out of the lotteries he sold the grant to satisfy creditors. He was the first designer of the hackney coach Bill, and at great expense prosecuted the same, for which the king received above £35,000. He has served the Crown above 40 years, and discovered Mr. Stafford's forfeited estate in Kent, out of which, after Sir Hen. Sheer's was paid his pretences, there remains £600, which, though not ready money, will be as good to him. [Ibid. pp. 628–9.]
Mar. 11. Warrant to apprehend — Reily and — Dillon, for returning from France without licence. [S.P. 44. 349. p. 103.]
Mar. 12.
Kensington.
A proclamation for a general fast.
For imploring a blessing upon his Majesty and his dominions, and that God would relieve and comfort such as suffer abroad for the protestant religion, the king, by the advice of his privy council, commands that a general fast be observed throughout England and Wales on Wednesday, April 5, following, and has directed the bishops to compose a form of prayer: the fasting and prayers are to be decently performed, upon pain of such punishment as his Majesty can justly inflict. Printed. 1 p. [S.P. 45. 13. p. 169.]
Mar. 12.
Westminster.
[Royal letters patent.] Whereas it has been represented by Henry Arnault, and others employed by the Vaudois, inhabitants of the valleys on this side of the river Cluson, that they being subjects of France before the late war have since the conclusion of the peace through popish cruelty been excluded and banished from their native country, without any present hope of return, but by renouncing their holy religion, which they and their brethren the Vaudois of Piedmont on the other side of the river, have hitherto kept undefiled: being thus separated from their said brethren, and driven to seek a place of habitation for themselves and their families, to the number of about 3,500 souls, destitute and bereft of all means of subsistence, they must have perished but for the exemplary charity of the protestant cantons of Switzerland, by whom they have been fed and clothed for these five months last past, notwithstanding another great charge they are at for maintaining 8,000 poor French refugees, who, by reason of the scarcity there, are likewise obliged to seek a retreat elsewhere; but that now the said Vaudois and the said French refugees, having obtained some waste lands to inhabit in the countries of some of the protestant princes in Germany, which lands they are obliged forthwith to plant, and to bring into tillage, and being not able to do this of themselves in their extreme poverty nor even to subsist while they are doing it, have therefore implored our compassion, of which we take them to be very great objects; and therefore have thought fit to grant them our letters patent for the gathering of the alms of our loving subjects.
We by these letters patent grant unto the said distressed protestants and to their agents lawfully authorised, licence to ask and take (according to the rules specified in these presents) the alms of all our subjects, not only householders, but also servants, strangers and others:
wherefore we require the archbishops and bishops in England and Wales that they give a particular recommendation to all parsons [etc.] for this charitable work: and our further will is that the archbishops and bishops require their archdeacons, within ten days after true copies of these letters shall be delivered, to cause the same to be delivered by their apparitors to the said parsons [etc.], and the parsons upon April 5, appointed for a general fasting, or upon April 16, being the Sunday after Easter, shall publish the same unto our subjects and stir them up to contribute cheerfully towards the relief of these distressed Christians. And our will is that the churchwardens of every parish collect the charity and pay the same to the parson, who shall make return thereof with the printed briefs to his archdeacon, and the archdeacons shall return the collections unto the chancellors, commissaries or officials of their dioceses, who shall return them into the chamber of the city of London:
from whence we appoint the archbishop of Canterbury, the lord chancellor of England, the archbishop of York, the lord president of the council, the lord privy seal, the duke of Somerset (chancellor of the university of Cambridge), the duke of Ormond (chancellor of the university of Oxford), the duke of Devonshire (lord steward), the lords of the Treasury, the earl of Stamford (chancellor of the duchy of Lancaster), the bishops of London, Winchester, Lichfield (lord almoner), Rochester, Sarum and Ely; lord chief justice Holt, lord chief justice Treby, lord chief baron Ward, James Vernon (Secretary of State), the attorney and solicitor-general; the lord mayor, sheriffs and aldermen of London; the vicechancellors of both universities; the deans of Canterbury, St. Paul's and York; Dr. Godolphin, Dr. Stanley, Dr. Younger (residentiaries of St. Paul's); Dr. Willis (prebendary of Westminster); Dr. Freeman, dean of Peterborough and rector of St. Paul, Covent Garden; Dr. Wake, rector of St. James's, Westminster; Dr. Haley, rector of St. Giles's in the fields; Dr. Lancaster, vicar of St. Martins in the fields; Dr. Maningham, rector of St. Andrew's Holbourn; Dr. Hody, rector of St. Michael Royal; Dr. Izham, rector of St. Botolph's Bishopsgate; Mr. Bradford, rector of St. Mary le Bow; Mr. Fleetwood, rector of St. Austin's; Dr. Oxenden, dean of the Arches; Sir Charles Hedges; Dr. Newton, chancellor of London; and they or any five of them are to dispose of such sums as shall be collected, according to the accounts and memorials which shall be sent by Mr. Philippe d'Hervart, our envoy extraordinary in Switzerland, and George Stepney, esq., our envoy extraordinary at the court of Brandenburgh, whom we have expressly charged to take care of the settlement of the Vaudois and French refugees, in the dominions of those princes who shall receive them, and grant them lands, and to whom we have sent positive orders not to distribute anything, but according to the establishments which shall be signed by the ministers and captains of the Vaudois, and the French committees that shall be appointed in those places; to the end all the moneys may be employed to the best uses and given only to such as are in a body or society, whereby the memory and name of the Vaudois may be ever preserved, and to contribute to the settlement of the poor French protestants who shall be obliged to leave Switzerland. And we command that the archdeacons make returns to their bishops, and those bishops unto the archbishop of Canterbury of what sums they have received when they pay them to the chancellors, commissaries or officials; and that their accounts be stated in words and not in figures only, and subscribed with their own hands. These letters [are] to continue for one year. Printed: 1 p. [S.P. 45. 13. p. 177.]
[? March. 1699.] His Majesty having been pleased to renew his brief to the distressed French Protestants, who have taken refuge in these his kingdoms; therein again recommending their deplorable condition to the charity of his subjects: it is thought fit to give some account, how the money, that was collected upon the last brief, was disposed of.
An extract out of the books of accounts; how the money, collected for the French protestants upon his Majesty's last letters patents, hath been distributed: which accounts were examined and audited, from time to time, by Sir William Turner, Sir William Gostlyn, and Sir Peter Vandeputt, who were deputed thereto by the commissioners for the charity.
The number of French protestants relieved by this charity amounts to more than 15,500 persons, viz.: 13,500 in and about London, and 2,000 at the seaport towns where they landed.
Of these there are 140 families of persons of quality. 143 ministers with their families.
144 families of lawyers, physicians, merchants and citizens.
The rest are artificers, husbandmen, etc.
The persons of quality and their families have been hitherto constantly supplied by weekly allowances; their young children have been put apprentices to the best trades; and for those of them that have been bred soldiers, they have been equipped and disposed of; some into his Majesty's troops, 150 or thereabouts, others into Germany, or the northern parts.
The ministers with their families have been maintained by pensions, and their children put out to be apprentices or into the service of persons of quality.
A weekly allowance has been given to all sick persons and to those uncapable of work.
And for the common sort of people, the most part have been settled in the way or art they were bred to. Some have been put in a way for the West Indies, to the number of 600; and others into service.
Besides all this, 15 French churches have been erected by means of this collection: viz., 3 in London, and 12 in the several counties, over and above those that were erected before.
And though it cannot easily be conceived how £40,000 (which is the whole collection) should so well and so long support and relieve near 16,000 people, all strangers, and (who came hither) most of them perfectly naked and destitute ! Yet so it is, the relief has been everywhere sufficient and suited to the necessities and qualities of the distressed people; some families having had £100 each: so that none have been reduced to public begging. And those chiefly, who went to the West Indies, had very large and comfortable assistance. Printed, 3 pp. (Cf. Commons' Journals, X. 103, for a similar report in 1689.) [S.P. 32. 11. ff. 347–348.]
Mar. 12.
Kensington.
The king to the [Governors of the Charterhouse], signifying his pleasure that Charles Izard be admitted as a pensioner, upon the next vacancy. [S.P. 44. 163. p. 123.]
Mar. 12. Warrant to apprehend — Conyers, for suspicion of high treason. [S.P. 44. 349. p. 102.]
Mar. 13.
Whitehall.
Ja. Vernon to the mayor of Dover, sending a messenger with a warrant to bring up Edward Fountain, 'who was in France during the war and has no licence to stay here.' [S.P. 44. 99. p. 626.]
The same to Mr. Janeway: asking for the name of a person belonging to Dover who "seemed to be concerned" at the seizure of the pictures by Mr. Beverton. [Ibid.]
The same to Mr. Watson. I have yours of yesterday with the examinations of Lucy and Sheldon. You may discharge Lucy, he being but accidentally privy to the matters alleged against Stretch and Conyers (which last I have in custody here).
As for what Mr. Sheldon says, concerning some persons drinking the late king's health, you need not stir until Lewis comes from France. If he returns your way, you will be careful to stop him. I have written to the mayor of Dover if he lands there. I would have you private in this. Pray communicate this to the rest of the gentlemen. [Ibid. p. 627.]
The same to Mr. Beverton. I have his Majesty's directions to recommend your services to the Treasury.
Mr. Macky tells me of an advice they have sent you from Dover, how a copper plate was to be seized, which is brought over to make more prints, like those you seized. Good use may be made of it for convicting those who are putting off this ware upon us. [Ibid. p. 628.]
Mar. 13.
Kensington.
Royal warrant to the privy council of Scotland, reciting that the present state of affairs does not require the meeting of parliament on Mar. 14th inst., to which it was adjourned; and ordering a continuance of the adjournment to June 14th next. [S.P. 57. 17. p. 131.]
The king to the lords of the Treasury of Scotland. Whereas by the 12th Act of the last session of parliament (Act anent the poll money) the estates of parliament, having considered the petition presented to them by the officers of the Scots regiments that served in Flanders and are now disbanded, recommend to us to appoint (out of the poll money, and not exceeding the fourth part thereof) to such of the said officers such part of their arrears after Feb. 1st, 1691, and preceding 1693, as we think fit; it is our will that you state the arrears due to them [for that period], and transmit the same to us, with an account of what the fourth part of the poll will amount to. [S.P. 57. 17. p. 132.]
Mar. 13.
Kensington.
The king to the same. We have considered your letter and proposals concerning the settling paymasters and commissaries for our army, and you must lose no time in the doing thereof. But as the foot regiments and garrisons have no benefit by commissaries, and are only concerned in the advance of money which is at present necessary, we think it unreasonable that they should pay equal poundage with the horse and dragoons. Therefore the foot are only to pay 8d. sterling poundage in consideration of the said advance, and the horse and dragoons 12d. As this will fall short of the lowest offer that has yet been made to you, we appoint our troop of guards to pay 8d. each night for winter forage, and the dragoons 6d. And if, after computation, this shall still fall short, you are empowered to give a further allowance out of the funds of our army for making up thereof. And for entering into a contract in these terms this shall be your warrant.
We are informed that the forts and garrisons are in a bad condition, particularly Fort William: you are to cause the necessary reparations be made, especially at Fort William, and to take care that the cannon be mounted on sufficient carriages. And this being so much for the safety of [Scotland] you may use the readiest of our revenues. [S.P. 57. 17. p. 133.]
The king to the same. John, lord Belhaven, and his partners, tacksmen of the five pennies per pint of the annexed and additional excise from Sept. 1st, 1695, to Mar. 1st, 1697, presented a petition to parliament, representing the great losses they had sustained, by reason of the great scarcity during the time of their tack, and craving abatement of all that was owing of their tack duty; and that the same might be proportioned amongst them and their sub-tacksmen.
Our commissioner and parliament found that, of what is paid to us by lord Belhaven and partners, nothing is to be given back; as also that what shall be found uplifted from the country more than what is already paid in, either in money or bonds, shall yet be paid to us, and that the tacksmen be liable for the same, whether uplifted by them, their sub-tacksmen or their collectors; and declared that they were to be no further liable; and what shall be in this manner abated shall be proportioned amongst them and their sub-tacksmen at the sight of our commissioners of Treasury and Exchequer.
We desire to have this affair, which has so long depended, brought to a conclusion, in the terms of the foresaid deliverance of parliament. You will therefore ascertain what has been paid by the country over and above what is already paid to us, and take care that the same be uplifted, that it may be applied as appointed by the Act; and you are to proportion the abatements in the manner prescribed. Your diligence in this is necessary for our service and for the relief of our disbanded officers. [S.P. 57. 17. pp. 134–5.]
Mar. 13.
Kensington.
Royal warrant reciting that by several gifts of pension, under the privy seal of Scotland, the king settled £200 upon Margaret Johnston, lady Bogie; Helen Johnston, lady Graden; Eupham Johnston, daughter to the deceased Sir Archibald Johnston of Warieston; Mary Johnston, relict of the deceased Thomas Johnston, son of the said Sir Archibald, and — Johnston, their daughter; to be divided amongst them by James Johnston, esq., their brother and uncle: that, lady Graden being now deceased, the king is willing to continue the same to — Hume, her daughter, and the other descendants of lady Graden: and granting the pension accordingly. [Ibid. pp. 136–7.]
Warrant to the lords of the Treasury of Scotland, for a pension of £600 to major general George Ramsay. [Ibid. pp. 137–8.]
Warrant for pardon of the imprisonment of John Pearse; the House of Peers having given judgment against him on articles of impeachment that he should pay a fine of £1,000 and be imprisoned for a year. [S.P. 44. 347. p. 418: S.O. 3. 20. f. 167 v.]
Mar. 13. Warrant to receive into custody, at Dover, Edward Fountaine, for returning from France without licence. [S.P. 44. 349. p. 100.]
Mar. 14.
Whitehall.
Ja. Vernon to lord ambassador Williamson. I have acknowledged your letter of the 17th, and I have since your letter of the 20th; both which have been laid before his Majesty.
As to the points in the first letter, his Majesty is very willing that the Prince, who demands the succours, should specify the kind he would have, whether in men or money; and it ought not to be doubted but it will be done, on each side, according to the best convenience of the Prince that is to send the succours. His Majesty believes it may be of use that part of the succours may be furnished in ships, which is what we shall have least difficulty to comply with.
By your last letter I perceive the Pensioner and you are considering of the treaty of nearer alliance. If that proceed, the garantys no doubt will be included; but, if it does not, I doubt whether there will be any other proper place for them.
I shewed Sir Charles Hedges the article I received a post or two ago about prize ships, that they should not be subject to any arrests. He says it is more than we can undertake, for the reasons I have already mentioned; and therefore he thinks the article in the former treaty ought to stand.
The Surinam Clifford came this morning, and would have me believe that he offered to submit his cause to trial before the ordinary judges, and desired only to be satisfied in what court he should do it, which he could get no directions in. This he told me after he found I disapproved of his pretending to put an interpretation upon the W. India Company's charter contrary to the meaning the States understood it in. He was proposing to me that I should speak to the Dutch ambassador in this matter. I told him I could make no steps but by the king's order, and that he must give a ground for by his petition; and thus we parted at present. I wish we could hear that something was done in the business of the other Clifford. Our new E. India Company think themselves hardly dealt with in that seizure, and that too great advantage is taken of a small slip, which has been overlooked in all other cases.
[P.S.] I have sent lord Jersey his letters of revocation, who is to be succeeded in that embassy by lord Manchester. [S.P. 32. 15. f. 338.]
Mar. 14.
Whitehall.
R. Y[ard] to the same. Yesterday the Lords had before them the Bill found by the jury upon the coroner's inquest against lord Warwick for killing capt. Coote, and resolved that he shall be brought to his trial on Monday the 27th inst.: and Sir Christopher Wren was sent for, and ordered to build a scaffold in Westminster hall, which it is said will cost the king about £2000.
The Commons went into committee upon the state of the navy, and came to the two resolutions following, viz.: that many new and unnecessary charges have, in an extraordinary manner, been introduced in the navy, contrary to the rules of the navy, which is a great mismanagement; and, that the deduction of poundage taken by the paymaster of the navy for slopclothes, dead mens' clothes, tobacco chest at Chatham, chaplain and surgeon, is without warrant, and ought to be accounted for.
To-day the Lords ordered circular letters to be sent to the absent lords in the country, to require their attendance at the earl of Warwick's trial. Endorsed, R. 27th, 99. [S.P. 32. 11. ff. 193–194.]
Mar. 14.
Custom House London.
Jno. Sansom to John Ellis, esq., at Secretary Vernon's office, Whitehall. I received yours of the 13th inst., concerning the ship of Monsr. de Maison Blanche lately stopped in Bigbury Bay. In answer you will receive a copy of such direction as the commissioners have given to their officer at Dartmouth, to lay before Mr. Secretary Vernon. And in answer to yours of the 9th inst., upon the complaint of the ambassador of the States General of the United Provinces concerning the passing his goods at the Custom House, you will receive the answer of the officers of the warehouse.
I am likewise to send you herewith 146 printed pictures of the pretended Prince of Wales, seized by an officer of Customs at Canterbury, of which enclosed letter will give you an account. [Ibid. ff. 195–196.] Enclosing:
(1) copy of a letter, dated 14 March, 1698–9, from the commissioners of Customs to the collector at Dartmouth, concerning a French ship stopped at Bigbury Bay [Ibid. ff. 197–198]:
(2) copy of the answer, dated 14 March 1698–9, of the officers of the Custom House, London, to the Dutch ambassador's complaint [Ibid. ff. 199–200]:
(3) copy of a letter, dated Canterbury, 11 March 1698–9, from J. Beverton, in which he states that he is sending by "a Whitstable hoy man, that lies at Bear Key, the pictures of the pretended Prince of Wales," about 150 in number, "all that were taken except four or five, which the justices who took the examination desired." [Ibid. ff. 201–202.]
Mar. 14.
Whitehall.
Ja. Vernon to the lords of the Treasury: enclosing copy of a letter from Mr. Beverton, riding officer of Customs at Canterbury, giving an account of his services, which his Majesty thinks fit to be recompensed:
a sum of £300, disbursed by Mr. Stepney in extraordinary entertainments to the court of Brandenburg, was struck out of his bill, to prevent a precedent, and by the king's direction; but the king thinks it may be paid:
care is to be taken to satisfy the consuls, whose bills have been so long depending, for disbursements made by particular order on account of seamen. [S.P. 44. 99. p. 630.]
The same to Mr. Crocker. I have not seen the affidavit which you sent to the commissioners, by whom you are employed, against two persons concerned in sending wool out of your parts into Scotland. As for Carr, you and Mr. Ingram formerly gave an information against him: if you have any new matter concerning him let me know it, that he may be made an example. [Ibid. p. 631.]
The same to Mr. Watson. I have taken the examination of Stretch and Conyers: enclosed are copies and is all they will own to me. You will consider them with Lucy's examination, and have him before you again. He may recollect some passages that may give us a clearer light of this matter. You will endeavour to learn how these pictures were brought from Dover to Canterbury. I have received to-day the 144 pictures which you sent. [Ibid. pp. 631–2.]
Mar. 14.
Kensington.
Warrants for the reprieve of William Brownsword and Joseph Browne, who had been sentenced to death for burglary at the last assizes at Northampton. [S.P. 44. 347. pp. 412, 428.]
Mar. 14.
Whitehall.
Allowance of bills for stationery. [Ibid. p. 413.]
Mar. 15.
Dublin.
Dan. Geary to James Vernon. Some days ago I met lord Trembleston, who told me upon full Change in this town, before a hundred persons, that your honour sent him an account, by his friend or councellor Mr. Gallwey, that I gave examinations against him to your honour of his being a cornet of horse in France; and that I was come for Ireland to make it out here against him. He says you sent him this account before I left England; nay, shews Mr. Gallwey's letter to that purpose; and brags that you are so much his friend that you will get him a pardon in spite of all his enemies. Truly I was very much surprised that the secrets of your office were so publicly divulged.
I never gave any informations that he was a cornet, but I told your honour he was an ensign in France, and that I will justify; but I did not expect it should be told lord Trembleston or Mr. Gallwey. I thought what I did was the king's service. I wish your honour may get him a pardon, and I shall be as well satisfied as if he had lost his estate. 2 pp. Endorsed: Dan. Garey. [S.P. 63, 360. ff. 60–61.]
Mar. 15.
Whitehall.
Proceedings upon the petition of John Smithe; setting forth that, as he was travelling on horseback in August, [16]96, from Bristol, through Britton in Gloucestershire, he was rudely assaulted by four persons that came out of an alehouse, much in drink, and, firing his pistol at random to frighten them, hurt a man in the road leading a horse 60 yards from him, whom he did not see; who dying thereof, the petitioner was at the next assizes tried, and, being a stranger, convicted at Gloucester, and has remained there in gaol ever since by reprieve. He prays a free pardon, there being no appeal against him. Referred to Mr. Justice Blencoe. [S.P. 44. 238. p. 295.]
The king approves of John Taylor of Bifrons, esq., to be deputy lieutenant of Kent. [S.P. 44. 167. p. 373.]
Mar. 15. Warrant to detain John Capell, for endeavouring to impose upon the government by giving false information against several persons. [S.P. 44. 349. p. 101.]
Mar. 16.
Whitehall.
Ja. Vernon to Mr. Keen. I send you a warrant of reprieve for a month for Philip Bridgeman, convicted last assizes at Aylesbury for robbing on the highway.
Col. Lumley, I hear, spoke to his Majesty about it yesterday, and major Beake with some other Buckinghamshire members make it their request to his Majesty. This reprieve is only to have time to send to the judge for an account of the trial, upon whose report his Majesty will consider whether he will further extend his mercy. To-morrow is the execution day at Aylesbury; therefore, if his Majesty shall please to grant this reprieve, there is no time to be lost. [S.P. 44. 99. p. 632.]
Mar. 16.
Whitehall.
The same to the lords justices of Ireland: [enclosing a proclamation for a fast, and a brief for collecting charity for the relief of the French protestants, and the Vaudois "who are obliged to retire out of Switzerland."] His Majesty would have the like fast observed in Ireland, and power given to collect for the protestants, French and Vaudois. I do not doubt but you are informed that these briefs are accompanied with printed letters from the bishops to their dioceses, and the forms of them are known here. However, the archbishop of Canterbury will send me one, which shall be transmitted to you. Mr. Ellis will send to Mr. May the form of prayer for the fast, which I hear is printed.
His Majesty has disposed of the bishopric of Kilmore and Ardagh according to your recommendation. The bishop of Cork and Ross is to be removed to the vacant see, and he is to be succeeded by Dr. Downes. [Ibid. p. 633.]
Mar. 16.
Kensington.
Warrant for the reprieve of Philip Bridgeman, sentenced to death at the last assizes at Aylesbury for robbing on the highway. [S.P. 44. 347. p. 414.]
Mar. 17.
Whitehall.
Ja. Vernon to Mr. Hill. I received this afternoon your letter of the 3rd inst. and shall take the first opportunity of laying it before his Majesty, and will charge my son with delivering the letters to the prince and princess.
I hear to-day of your arrival at Paris. I suppose lord Jersey has told you of his being recalled in order to his succeeding the duke of Shrewsbury, and that lord Manchester is to undertake the French embassy. You see by our choice we intend to act sincerely, and do not propose to overreach anybody.
You did very wisely to make provision for paying your debts before you left us. I am afraid it is more than parliament intends to do this year for what is owing among ourselves; but, if they have done giving, I wish too we had done squabbling and that we may end poorly and quietly. [Copy. S.P. 32. 11. ff. 205–206.]
R. Y[ard] to lord ambassador Williamson. The last letters from Ireland give an account that the lords justices had received orders from the king to disband the French regiments in that kingdom.
The earl of Orkney's regiment is ordered to Ireland, and is now at Chester, in order to embark there. Earle's regiment is likewise ordered thither. The Dutch guards, horse and foot, with lord Portland's regiment, are going for Holland.
The marquis of Normanby was married last Sunday with the countess dowager of Gainsborough. On Wednesday the king presented the earl of Albemarle to the first troop of guards in Hyde Park, as their captain.
The duke of Wurtemberg is arrived from Holland.
On Wednesday the Commons went into committee upon the state of the navy, and came to the resolution, that it is inconsistent with the service of the navy for the same person to be one of the commissioners for executing the office of lord high admiral and treasurer of the navy at the same time. And the question being put, that the account for victualling the fleet in the Mediterranean in the year 1694 and 1695, without due proof of the prime cost of the species of provisions bought for that service, is of ill example, and an abuse to the public: Yeas 140. Noes 141. So it passed in the negative. Endorsed, R. 29th, 99. [S.P. 32. 11. ff. 203– 204.]
Mar. 17. Extract of a memorial from the Victualling Board to the lords of the Treasury:
by memorial, dated 20 July, they acquainted your lordships of a bill drawn on them from Cadiz for customs of wine, vinegar, and oil, supplied to the squadron of vice-admiral Nevill, touching which as they understand your lordships wrote the 9th Aug., and by extract of a letter from Mr. Blathwaite, dated at Loo, 15–25 Aug., the king's pleasure was signified that those bills should remain unaccepted till further order:
upon Mr. Thos. Harvey's return from Cadiz he charges in his account for sums paid to Mr. Fras. Hearne for Customs of wine and oil shipped on the squadron under capt. James Moody, and paid to Sir Wm. Hodges for Customs of wine put on board the fleet:
the Board ask that such order may be given to H.M. ministers in Spain as shall be necessary, and pray that, for what provisions shall be necessary for the fleet in those parts, licence may be procured for shipping them on H.M. ships without payment of Customs. [S.P. 42. 5. 84.]
Mar. 17.
Whitehall.
Ja. Vernon to Mr. Bean. You may discharge James Collins, taking security for his appearing to give evidence against Stretch and Conyers, either here above or below in the country. I thank you for the care you and the gentlemen have shown. [S.P. 44. 99 p. 634.]
The same to Mr. Watson. I have to acknowledge the examinations of Lucy and Barns, who shall have timely notice where and when they are to appear to give evidence. As for Mr. Mell, I am already satisfied. [Ibid.]
The same to the Common Serjeant. Mr. Justice Nevill, having made his report upon Chaloner's petition, which will be laid before his Majesty on Sunday at the cabinet council, it will be necessary that you attend. [Ibid. p. 635.]
Mar. 17. Copy of an agreement between the lords justices of Ireland and the proprietors of several rectories, concerning the payment of rents called Port Corn. 5 pp. [S.P. 63. 360. ff. 62–65.]
Mar. 17.
Kensington.
Commission to Mr. Valentine Ryves to be ensign of lt.-col. Wheeler's company in the first regiment of foot guards. [S.P. 44. 167. p. 373.]
Mar. 18.
Kensington.
Warrant for a grant of the office of keeper of the privy seal to John, viscount Lonsdale [S.P. 44. 347. p. 462: the entry is dated "18 March, 1698–9," the "18" being written over another date. The docquet of the appointment is dated May, 1699, marked in the margin "immediate, 22°." (S.O. 3. 20. f. 172). (fn. 1) It seems that March 18 may be a mistake. The privy seal was given to lord Lonsdale on May 18 (see Vernon to Williamson, May 19).]
Mar. 18.
Whitehall.
Proceedings upon the petition of col. John Burke [in the margin called lord Bophin]: setting forth that he had his Majesty's letter to the lords justices of Ireland to cause him to be adjudged within the articles of Galway, whereof he received no benefit. On his disappointment the lords justices, during the late session in Ireland, sent over a Bill, which was approved of by his Majesty in Council, whereby his Majesty was pleased to reverse his outlawry and restore the petitioner in blood. The Bill did not pass as was his Majesty's intention. He prays a pardon for life only, to be able to enjoy any future gifts or acquisitions. Referred to the lords justices of Ireland. [S.P. 44. 238. p. 293.]
Mar. 19.
Kensington.
Warrant to the lords justices of Ireland, for the appointment of Dive Downes, D.D., archdeacon of Dublin, to the united bishoprics of Cork and Ross, void by the translation of Edward to the united bishoprics of Kilmore and Ardagh. [S.O. 1. 14. p. 144]:
the same, for the translation of Edward, bishop of Cork and Ross, to the bishoprics of Kilmore and Ardagh. [Ibid. p. 145.]
Mar. 19.
Whitehall.
Proceedings upon the petition of Edwd. Thompson, of the city of York, esq.; setting forth that upon the petition of him and other merchants, planters and others, trading to the plantations in America and elsewhere, his Majesty and the late queen were pleased by letters patent, dated 4 June, 3 Willm. and Mary, to grant to the petitioner, for 21 years, the office of registering such servants as should voluntarily go or be sent to any of the plantations. He has managed the office ever since with diligence and fidelity, to the satisfaction of the merchants, as well as the security of his Majesty's subjects in preventing their being spirited away and sent abroad without their voluntary and free consent, and by such industry has set at liberty divers of his Majesty's subjects, some children and infants under the age of 21 years, and others above that age, who, without their parents' consent, by evil disposed persons were taken, and endeavoured to be kept and concealed, in order to have been transported. He has been at great charge and trouble in erecting offices and appointing deputies in several of the outparts of England. He prays that he may surrender his letters patent and that new letters patent may be granted to Leonard Thompson, his son, for 40 years, with such further powers as shall seem meet. Referred to the attorney or solicitor general. [S.P. 44. 238. p. 294.]
Mar. 19.
Kensington.
Warrant for a privy seal to pay Charles, earl of Manchester, (appointed ambassador to the Most Christian King), £1500 for his equipage, and £100 a week for his ordinary entertainment. [S.P. 44. 347. pp. 414–5: S.O. 8. 27. No. 5: S.O. 3. 20. f. 168.]
Warrant to Robert, earl of Lindsey, great chamberlain of England, for a court to be erected in Westminster Hall for the trial of Edward, earl of Warwick and Holland. [S.P. 44. 347. p. 417.]
Warrant for a grant to William Bainbridge and his heirs of a market every Wednesday at Kegworth, co. Leicester, and two fairs yearly, one on Easter Monday and Tuesday, and the other on Sept. 29 and 30. [Ibid. p. 416: S.O. 3. 20. f. 168.]
Warrant for a pardon to Richard French, gent. [S.P. 44. 347. p. 419.]
Warrant to the lord chancellor of England to issue a writ to John Mannors, esq., by the name of John Mannors de Roos, chevalier, returnable into the House of Peers on the 21st inst. [In the margin.] Lord Roos called to parliament. [Ibid. p. 429.]
Mar. 20.
Whitehall.
Ja. Vernon to the lords justices of Ireland: [enclosing draft of a proclamation pursuant to the late Act passed in England for disbanding the army in Ireland, and a list signed by his Majesty of the forces to be kept up in that kingdom.] It is his Majesty's pleasure that the proclamation be published and that the directions be duly pursued, both as to the forces that are to be disbanded and to be continued.
[In the margin.] The draft of the proclamation and the list are entered in the military book.
Memdum. This letter, with a draft of a proclamation and a list, was sent by Mr. Stone; and a duplicate, with a draft and list, was sent by Bale, the messenger, by way of Scotland. [S.P. 44. 99. p. 635.]
Mar. 20.
Kensington.
Draft of a proclamation declaring the regiments to be kept up in Ireland:
after reciting that by an Act [10 Will. III., cap. 1. An Act for granting an aid to his Majesty for disbanding the army, etc.] it is enacted that after 26 March, 1699, regiments [etc.] in Ireland, not being natural born subjects, are disbanded [sec. 3]: and that all other the army [etc.] in Ireland shall on or before 1 May, 1699, be disbanded, except such regiments [etc.] consisting only of his Majesty's natural born subjects, not exceeding 12,000 persons, as before 10 April, 1699, shall be particularly expressed in a proclamation [sec. 4]: the proclamation declares the following to be the regiments, troops and companies intended by his Majesty to be kept up and not disbanded, viz.:
the regiment of horse, late under the command of Richard Leveson, consisting of a colonel, a lieutenant-colonel, a major, a chaplain, 6 captains (whereof the colonel, lieutenant-colonel and major are three), 6 lieutenants, 6 cornets, 6 quartermasters, 12 corporals, 6 trumpeters, a chyrurgeon, a kettledrummer and 216 private men in 6 troops of 36 each; in all 261 persons:
the regiment of horse commanded by Francis Langston, in all 261 persons:
the regiment of dragoons commanded by Charles Ross, consisting of him as colonel, a lieutenant-colonel, a major, a chaplain, 8 captains (whereof the colonel, lieutenant-colonel and major are three), 8 lieutenants, 8 cornets, 8 quartermasters, 8 serjeants, 16 corporals, 8 drummers, 8 hoboys, a chirurgeon, and 288 private men in 8 troops of 36 each; in all 362 persons:
two more regiments of dragoons commanded by Robert Echlyn, and John Cunningham, respectively; each containing in all 362 persons;
the royal regiment of foot, under the command of George, earl of Orkney, consisting of him as colonel, a lieutenant-colonel, a major, a chaplain, 22 captains (whereof the colonel, lieutenantcolonel and major are three), 24 lieutenants, 20 ensigns, a chirurgeon, one mate, an adjutant or quartermaster, a drum-major and piper, 44 serjeants, 44 corporals, 22 drummers, and 792 private men in 22 companies of 36 each; making in all 975 persons:
the regiment of foot commanded by Thomas Fairfax, consisting of him as colonel, a lieutenant-colonel, a major, a chaplain, 11 captains (whereof the colonel, lieutenant-colonel, and major are three), 12 lieutenants, 10 ensigns, a chirurgeon and one mate, an adjutant or quarter-master, 22 serjeants, 22 corporals, 11 drummers and 396 private men in 11 companies of 36 each; making in all 488 persons:
eighteen more regiments of foot, commanded by Ventris Colenbine, John Webb, William Steuart, Sir Bevill Granvill, bart., Sir John Hanmore, knt., Richard Brewer, Sir John Jacob, bart., John Tidcomb, Emanuel How, James Stanley, Sir Mathew Bridges, knt., Gustavus Hamilton, Frederick Hamilton, Thomas Erle, Sir Hen. Belasyse, knt., Richard Ingoldsby, Marquis de Puissar, Zachary Tiffin, respectively; each containing in all 488 persons.
List and number of the forces comprised in the proclamation for Ireland:
Horse: 2 regiments of 6 troops of 36 men each: commissioned officers, 52: non-commissioned officers, 38: private men, 432: together, 522.
Dragoons: 3 regiments of 8 troops of 36 men each: commissioned officers, 102: non-commissioned officers, 120: private men, 864: together, 1086.
Foot: 21 battalions of 11 companies of 36 men each: commissioned officers, 754: non-commissioned officers, 1177: private men, 8316: together, 10,247.
Total: commissioned officers, 908: non-commissioned officers, 1335: private men, 9612: together, 11,855.
Memdum. Mr. Secretary's letter to the lords justices of Ireland in which the foregoing was enclosed is entered in the book of domestic correspondence. [S.P. 44. 167. pp. 374–386.]
Mar. 20.
Whitehall.
Ja. Vernon to Mr. Watson. I thank you for the informations of Conyers having disposed of some of the Prince of Wales's pictures, which does in some measure shew that he was privy to the importing of them. My service to Mr. Taylor. [S.P. 44. 99. p. 636.]
The same to the lords justices of Ireland. I have received this evening your letter of the 14th inst. I suppose his Majesty will advise with the lord chancellor of some person fit to supply the vacancy of Sir Jn. Lyndon.
I have no directions yet to lay before his Majesty any letter for renewing the commission in Ireland, in order to the duke of Bolton's being at liberty to come over. It is still suspended, till further advice that he finds a necessity for coming.
There happened to be so much business, on Sunday last, that I have not yet read to his Majesty, at the cabinet council, your letter about the paper office, or concerning the Address.
Being obliged to send duplicates of the proclamation relating to the disbanding Act I thought it best to despatch Mr. Stone with one of them the direct way, and a messenger carries the other by the way of Scotland. I hope one or the other will arrive in time, but I did not receive the lists from Mr. Blathwayt till this evening.
My lord of Canterbury has given me the enclosed circular letter, relating to the brief which I mentioned in my last. [S.P. 44. 99. p. 636.]
Mar. 20.
Kensington.
The king to the privy council of Scotland. Whereas, by the 27th Act of the 3rd session of the 1st parliament of Charles II, the militia, consisting of 20,000 foot and 2,000 horse, is established for the support of the royal authority and for suppressing any foreign invasion or intestine commotion: although now our kingdoms enjoy peace, and we are not resolved to call out our militia at present: yet for preventing any danger and that they may be in readiness, it is necessary that persons of unquestionable loyalty command the militia:
you are therefore to transmit an account of those whom you know to be best affected and qualified for being colonels, majors, captains, etc. [S.P. 57. 17. p. 139.]
Royal warrant to the lords of the Treasury of Scotland: reciting that John, lord Carmichael, upon his advancement to be one of the Secretaries of State for Scotland, surrendered a pension of £400, payable out of the earldom of Ross: notwithstanding a list of fees and pensions signed by the king on Feb. 13th last, wherein the same is not expressed, the pension is to be continued to Whitsunday next, when it will expire. [S.P. 57. 17. p. 140.]
Ratification by the king of the articles settling the Scots Staple at Campheir.
Whereas Andrew Kennedy of Clowburn, our resident for the affairs of Scotland in the seventeen provinces of the Netherlands, and conservator of the privileges of Scotland in the Low Countries, has, by our commission and also by commission from our royal burghs, agreed upon articles with commissioners, authorized by us as marquis of Campheir, and with the deputies of our town of Campheir, for renewing and resettling the Scots Staple Court and trade of Scotland within the said town; which articles are now approved by our royal burghs; we ratify the articles, of which the foregoing copy is signed by the lord provost of Edinburgh, by which the Scots Staple is renewed and resettled in Campheir. [Ibid. p. 169.]
The articles above referred to:
"Articles of agreement between the royal boroughs of Scotland and the magistrates of Camphire, concerning the settling of the Scots Staple in that town": being a translation of the principal Dutch copy signed at Campheir, March 29, N.S., 1698, "approved by the royal burghs and subscribed by the lord provost of Edinburgh and their clerk," as attested by Aeneas Mackleod, clerk to the city of Edinburgh and general clerk to the royal boroughs at Edinburgh, Feb. 21, 1699:
These Articles contain:
(i) a recital that the nation of Scotland by many ancient contracts with the town of Camphire have for many years enjoyed the privileges in their trade and establishment of their Staple Court in Camphire: and now the royal burghs have been pleased to continue the Scots Staple there, and with the approbation of the king of Great Britain have sent hither Heer Andrew Kennedy of Clowburn, resident for the kingdom of Scotland in the Netherlands and conservator of the privileges of the Scots nation there, with power to treat with the town of Camphire. [S.P. 57. 17. 141]:
(ii) a commission from King William and Queen Mary to Andrew Kennedy of Clowburn to be conservator of the Scots' privileges and resident for the affairs of Scotland in the seventeen provinces of the Netherlands, dated at Holland House, Nov. 1st. 1689. Latin. [Ibid. pp. 141–3]:
(iii) Act of the committee of the royal burghs, at Edinburgh, dated Oct. 15th, 1696:
the same day the committee of the royal burghs, conform to the 22 Act of the last General Convention, empowering them to sit, after dissolving the Convention, for settling the Staple port, and to contract with such places in the Netherlands as should be judged proper; having met; after debating the most convenient place for the Staple port, and hearing the conservator's memorial and his report made in their presence, the committee, for the good amity and correspondence that formerly has been between the State of boroughs and the town of Camphire, agrees that the Staple port be again settled there in the manner contained in the following articles [Ibid. p. 143]:
(iv) a commission of the committee to Mr. Andrew Kennedy, dated at Edinburgh, Oct. 15th, 1696, empowering him to transact with the magistrates of Camphire in the express terms of the 39 articles agreed upon by the committee and subscribed by the lord provost of Edinburgh, and requiring him to acquaint the lord provost from time to time what progress he has made [Ibid. p. 144.]:
(v) a commission of William, king of Great Britain, dated at Loo, Oct. 5th, 1697, to William of Nassau, lord of Odyk, on behalf of his Majesty, to renew the Staple contract; the last contract, made in 1675, being about to expire [Ibid. p. 145]:
(vi) a commission from the town of Camphire, dated May 23, 1697, to the councillor Johan de Mauregnault, burgomaster Adrian Verelst, and the pensionary Charles Zegers, to represent the town in the negotiations [Ibid. p. 146]:
(vii) a commission, dated Nov. 20, 1697, from the town of Camphire to Adrian Verelst to go to The Hague, supplying the place of the other two commissioners above mentioned [Ibid. p. 147]:
(viii) a statement that both parties, having had several conferences at Camphire and The Hague, had agreed on the following articles. [Ibid. p. 148]:
(ix) The text of the articles, 39 in number [Ibid. pp. 148– 166]: being substantially the same as Articles 1–40 (Art. 37 being omitted) of the Staple contract of 1676, printed in The Scottish Staple in the Netherlands, by Matthijs P. Rooseboom (The Hague, Martinus Nijhoff, 1910). The principal differences are as follows:
Art. 2. for "with the approbation of the lord commissioners" etc. (1676), read "with the approbation of his Majesty as marquis of Camphire or his commissioners" etc.:
Art. 3. for "it is agreed that all goods which were Staplecommodities in Sir Patrick Drummond's time are hereby declared to be Staple commodities and no others," read "it is agreed that the goods following are and shall be repute Staple goods and not others, viz.: all sorts of wool, wooln and linen yairn, all woolen and linen manufactories, hides and skins of all sorts, plaiden kerseyes, Scots cloath, stokens, salmond, tallow, oil and all sorts of barrell flesh, pork, butter, leather dressed and undrest. As also, in respect that salmond is such a tender and perishable commoditie, it is hereby declared that such quantities thereof as come from Scotland to Camphire after October 1st yearly shall not lie longer there than to November 1st. And in case salmond come after November 1st the owners after unloading the salmond (in packhouses or cellars), after making a public offer of sale in Camphire, may go with the said salmond where they please, paying only the conservator's dues. [A similar provision follows as to "stokins, being a commoditie that is not frequently vended at the Staple port"]:
Art. 5. for "to be determined at the knouledge of the conservator," read "to be determined in presence and with the advice of of the conservator":
Art. 6. for "the magistrates of the toun shall hereby be obliged to provyde for them a convenient church," etc., read the magistrates "shall hereby be obliged, within a year after subscribing hereof, to take care that the old burnt church be rebuilt, or otherwise within two months to accommodate the Scots nation with a fit place wherein to exercise their religion, and to furnish the same [etc.]. . . And whereas those of the Scots nation have (since the time their church was burnt) imployed for exercising God's service the house belonging to the Scots poor, standing in the Winegairt Street, and that it was the duty of the magistrats to have provided them of a church, yet it is hereby agreed that for the rent of the said house and reparation done thereto nothing shall be pretended. But the magistrates undertake to pay the yearly stent imposed upon the house and tenement for 21 years, the time of this contract, and in like manner the stents of all years that are passed since the burning of the church till the ratification of this contract. And the obligations belonging to the Scots poor, in the custody of the town of Camphire, shall be delivered to the lord conservator and to Mr. Thomas Hog, present minister of the Scots nation, with payment of all interests received since these obligations came into the hands of the magistrates:
Art. 8. for "from the bridge to the hous called the Oliphant," read from the great bridge till opposite to the house of Heer Baliu de Conink, formerly the house called the Oliphant.
Art. 10. [Read.] For the better accommodation of those of the Scots nation within this city there shall be provided a good, large and wholesome house fit for a conciergerie, which shall be free of excise and imposts upon wine and beer, and the rent and reparation shall be at the charge of the town; and the magistrates shall repair the house that formerly has been employed for the Scots nation, and, in case after repair it be found unfit for a conciergerie, the magistrates shall provide another; and enlarge these houses till they be good enough.
Art. 12. [Read.] That no arrest on any of the Scots Staple in person or goods shall be granted within this town or jurisdiction thereof, except after a sentence given, and that there be good ground de fugâ, or that he is to absent himself. And, no sentence being declared, the magistrates shall not give order for arresting but after that first knowledge thereof is given to the conservator or his deputy. And, in case the debt be denied, caution shall be given before his departure, till that upon knowledge of the matter the process may be determined.
Art. 18. For "a weell furnished man of warre," read two well furnished ships of war, not under 30 guns apiece, that may convoy the Scots ships to any place in the river Forth or other place in Scotland; the 1st of April yearly, and the 1st October thereafter, old style, to be the fixed time for the convoys to attend, unless upon emergencies. The convoy ships shall stay there 14, or at furthest 20, days to convoy back. And the Scots ships being here the magistrates shall use all endeavours that they return with good convoys.
Art. 23. For "his Highnes the prince of Orange," read his Majesty the king of Great Britain as Stadt-holder of Holland.
Art. 30. For "it is agreed that everie master of ane family of the Scotts nation, liveing under the Staple Court shall have the freedom," etc., read "it is agreed on that every master of a family of the Scots nation living under the Staple Court, viz.: the minister, the factors, the members of the Court, such as the clerk, fischall and officer, the doctor, chirurgeon and apothecary, the broker, metster, presenter and clerk, etc., shall have the freedom," [etc.].
Art. 34. [Add] declaring hereby that there be no moe nor new offices set up without the knowledge, friendly deliberation, and consent of the conservator and his depute, and that there be no comptroller of the ballance in time coming, nor no dues exacted on that account, except all the same be desired by the conservator and his Court.
Art. 35. For "the saids goods shall not be lyable to any confiscation," etc., read "the said goods shall not be lyable to any fine or confiscation, only the persons so offending shall be obliged to pay the quadruple duty for the goods wrong entered or concealed, and so the goods to be free, and the magistrates have undertaken further to desire at the meeting of the States of Zealand that the foresaid quadruple duty may be diminished."
Art. 36. [Read.] In case any question or difference illegally against right and reason happen to fall out betwixt any of the Scots nation and the licent master, customer or other receivers of the toll or other dues, the licent master, customer or receiver are obliged to be heard before the bailly, burgomaster, skeepens and council of this town, to the end the conservator or his depute may have knowledge thereof.
Art. 37 of the contract of 1676 is omitted.
Art. 38 [of 1676]. Read at the end they are not to be troubled and molested nor pay any dues for that which they do not liver, and the consent of the Admiralty of Zealand thereto must be first desired by the skiper or merchant.
Art. 39 [of 1676]. Read the continuance of the Scots Staple at Campheir shall be for 21 years and so much longer as the royal boroughs and the town of Campheir shall agree, but this contract shall take its effect with the subscribing of the same by the commissioners: and the magistrates of Campheir shall procure from the States of Zealand their ratification, as the same is to be ratified by the king of Great Britain.
The preceding articles were signed at The Hague on Dec. 25, 1697, by Andrew Kennedy, William of Nassau, and A. Verelst, and at Campheir on Mar. 29th, 1698, N.S., by councillor Johan de Mauregnault and the Pensionary Charles Zegers. [S.P. 57. 17. p. 166.]
(x) Ampliation of the foregoing staple contract, signed at The Hague on Dec. 25, 1697, by Andrew Kennedy, William of Nassau and A. Verelst, and at Campheir on Mar. 29, N.S., 1698, by J. Mauregnault and C. Zegers. [Ibid. pp. 167–8.]
The ampliation contains seven articles. A Scotsman, chosen by the conservator is to be pachter and metster: lead ore coming from Scotland is to be included amongst the Staple goods: a notary is to be included amongst the officers specified in Arts. 19 and 30: and provision is made for ratification.
Mar. 20.
Kensington.
The king to the privy council of Scotland: warrant, reciting that articles concerning the continuation of the Scots Staple at Campheir were settled at The Hague, on Dec. 25, 1697, ratified by the States of Zealand, and by the convention of royal burghs in February last, and by himself: and ordering the issue of a proclamation requiring that the contract be observed. [S.P. 57. 17. pp. 169–70.]
Mar. 20.
The Hague.
Passes to Alexander Colbert, belonging to the king's stables at Loo, sent for into England by Mr. Rawlins, the king's saddler [S.P. 44. 386. p. 22]: to John Hughes, soldier, late of capt. Zandwich's company, at present under pension of the States, as appeared by an ordonnance signed Nov. 27 by Mr. Beaumont. [Ibid.]
Mar. 21.
Whitehall.
Ja. Vernon to lord ambassador Williamson. I have your letter of the 24th inst., but have not yet had an opportunity of laying it before his Majesty. I think you understand his Majesty's intentions very right, that you should not admit the points of the guarantys and the exclusion of Denmark into the treaty of mutual defence till such time as you and the Pensioner see more reason for it than yet appears. When Monsr. Lilierode has his new instructions from Sweden, or will own he has received them, a better judgment may be made whether they are in earnest or not.
The English East India Company having presented another petition to his Majesty concerning their silver seized at Rotterdam I am commanded to send it to you, that you may do them what good offices [you] can, which I told them would be most prevalent when they took measures to mollify the fiscall, who is interested in the seizure. I fancy that by the delays and evasions they meet with something of this kind is necessary, and they had better submit to it. We know how little we are able to be complaisant when the law and the constitution, as we call it, lies across us: and I wish in such cases everybody would find out expedients to get themselves eased as cheap as they can.
When I last waited on his Majesty he bid me know of you at what time you thought of returning to England, in pursuance of the intimation formerly given you. [S.P. 32. 15. f. 339.]
The same to Mr. Hill. I have laid your letter of the 13th inst. before his Majesty with your former letter from Nancy, and they gave me an opportunity to say something to his Majesty in relation to yourself, which you shall know no more of, whether it has or has not any effect, but I should be glad you might not continue much longer at Brussels.
Upon reading your letters his Majesty took notice that no mention was made of what he had given you instructions about, in relation to the Prince of Vaudemont. I told him I thought that was done in a letter I sent lord Portland from you, and I understand since that it proves so.
I had a letter last post from Mr. Bruce, who is apprehensive that Mrs. Lynch is come over to supplant him. So far he is in the right that she is endeavouring it, as I find by what col. Godfrey lately said to me, who is told that Mr. Bruce does not care for the employment, as being less profitable than he expected. If it be otherwise I believe he need not fear that the king will displace him. You will therefore encourage him, and that may be more convenient than my answering his letter.
I shall leave it to others to send you news: that of yesterday I do not at all like. Things look better to-day as to our public credit, and Mr. Montague's proposal is like to bear itself up with its own strength of reason against the strength of the opposers. Copy. [S.P. 32. 11. f. 207.]
Mar. 21. Warrant to apprehend — Buttler, — Guttridge, — Grady, Jam. FitzGerald, and John Pearce, for returning from France without licence. [S.P. 44. 349. p. 100.]
A like warrant for Geo. Smither, — Ryley, — Dellam, Sir Richard Stych, and William Carroll. [Ibid., p. 103.]
Mar. 22.
Whitehall.
Ja. Vernon to Mr. Lowndes. I have laid your letter of 18th inst., with the enclosed memorial of the Commissioners of Victualling, before his Majesty. I am to write to Mr. Stanhope to use his endeavours in the Court of Madrid that provisions furnished to our fleet may be discharged of customs. His Majesty has little expectation that duties already paid should be restored.
As to the enclosed petition relating to Needwood Forest: the forest belongs to the Duchy of Lancaster; but, as the petitioners request that some other provision may be made for discharging Rupert Brown's debt, and the forest preserved, the lords of the Treasury are to consider whether they can propose any other way of satisfying the debt.
His Majesty would have the Treasury put in mind of Mr. Sutton, who is employed at Vienna and has acquitted himself to his Majesty's satisfaction. He has several bills of extraordinaries lying at the Treasury, and, I think, has never received anything on that account, which puts him under great difficulties, his allowance being small and the way of living in that Court very expensive. [S.P. 44. 101. pp. 1–2.]
Mar. 23.
Kensington.
Royal warrants for a grant of the offices of "steward, keeper and guardian of our forest of Sherwood and park of Folewood, co. Notts., to John, duke of Newcastle, with the yearly fee of 40 marks and £9 for nine foresters to be by him appointed, payable at the receipt of our exchequer or out of our meadow by our castle of Nottingham, called king's meadow." [S.P. 44. 347. p. 423: S.O. 3. 20. f. 168v.]
Mar. 23.
Kensington.
Warrant (upon the surrender [etc.] of a patent granted in 23 Chas. II. to Thomas Watkins), for a grant of the offices of one of the clerks of the privy seal and register of the Court of Requests to Henry Ludlow. [S.P. 44. 347. p. 424: S.O. 3. 20. f. 168v.]
Mar. 23. Warrant for a grant to the dean and chapter of St. Paul's, London, of a licence to raise stone in the king's quarries in the isle of Portland, or upon the common there, for carrying on the rebuilding of the cathedral; paying the accustomed duty; with a clause excluding all persons from using the cranes [etc.], except for building the cathedral, royal palaces, and other public buildings. [S.P. 44. 347. pp. 516–8: S.O. 3. 20. f. 169.]
Warrant to the keeper of Newgate to receive into custody John Capell, charged upon oath with subornation of perjury in inciting one Richard Holland falsely to charge persons with high treason. [S.P. 44. 349. p. 101.]
Mar. 24.
Whitehall.
James Vernon to lord ambassador Williamson. I have just received your letters of the 27th and 31st inst., new style, and will lay them before the king, as I have done your former letter, upon which I am to inform you that his Majesty thinks the case, on which the nearer alliance is to be founded, is very well comprehended in the few lines enclosed in the said letter. He approves of your and the Pensioner's caution in not admitting the guarantees proposed, till we are assured there will be no difficulty in consenting to the particulars we must insist on on our side.
As to Mr. Hales' letter, which you now send, I am very glad you have required further information; for, though nothing of this kind is to be neglected, one cannot but wish that those who give these advices would make them more intelligible; otherwise one cannot see what use they are of. In the first place it is fit to be known whom they mean by the honnête homme qui découvrit le dernier barbare complot qui fut forgé pas loin d'ici. I have an uncertain remembrance of a discovery made from those quarters by one Tilly, an Irishman, who (I think) married the widow of Clements, clerk of the kitchen to king Charles. I hear she is since dead, and that he is somewhere upon a ramble. If it be the same person who is now the discoverer, I think one ought to have some other proof besides his bare assertions: but your excellency will judge better of it when an answer is returned to your queries.
The enclosed will inform you what is doing here. This day was spent in a hearing about a meal market to be settled in Westminster, which ended in throwing out the Bill.
The House waited on the king to-day with their Address, which you will have in print by the next post, with the king's answer. His Majesty has let them know the care he shall always take to preserve the constitution, and the confidence he has in the fidelity of his subjects, particularly those who served in the army, having had so long experience both of their bravery and their zeal to his service; and, as his Majesty should strictly observe his promises to his subjects, so he did not doubt of their tender regards to him.
The Dutch regiments are now embarking in the river. Mr. Priestman has quitted the Admiralty, but there is no new commission yet ordered. The House of Lords are framing some resolutions relating to the Admiralty upon the complaint of captain Desborough, who was with commodore Norris in the Newfoundland expedition when Pointz escaped from them. [S.P. 32. 7. No. 13: cf. Cal. S.P. Dom., 1697, pp. 70–1 and ibid. Corrigenda, where this letter is attributed to 1698.]
Mar. 24.
Dublin Castle.
Lord Galway to Mr. Vernon. I received yours of the 14th inst. yesterday. I think the duke of Bolton will continue to press to go to England; he says he will lose considerably otherwise. At the same time I think it would be best to leave the government exactly as it is; but in that matter I shall merely approve the opinion of the duke of Bolton.
I am very pleased with the king's choice for the bishoprics. French. 1 p. [S.P. 63. 360. ff. 66–67.]
Mar. 24.
Kensington.
Warrant to the lords justices of Ireland, to pay £500 each to John Methuen, chancellor of Ireland, as speaker of the House of Peers there, and to Robert Rochfort, attorney-general of Ireland, as speaker of the House of Commons, as royal bounty. (Treas. Cal., XIV, 308.) [S.O. 1. 14. pp. 145–6.]
The same, to pay the treasurer of the ordnance, England, £427 for 2000 pikes sent to Ireland. (Treas. Cal., XIV, p. 308.) [S.O. 1. 14. pp. 147–8.]
Mar. 24.
Whitehall.
Ja. Vernon to the Admiralty, ordering a yacht to carry majorgeneral de L'Estang, and his family, from the Thames to Rotterdam. [S.P. 44. 204. p. 212.]
Proceedings upon the petition of the mayor, aldermen and inhabitants of Northampton, setting forth that William Brownsword of Northampton, baker, and Joseph Browne, carpenter, an apprentice, both young men, lately got into the house of one Mary Slater, widow, in the night and took a parcel of money. They are sentenced to death. They pray, being both young men and a first offence, they may be pardoned or transported to do his Majesty service. Referred to Mr. Justice Turton. [S.P. 44. 238. p. 296]:
Mar. 24.
Whitehall.
Proceedings upon the petition of Thomas Bridgeman; setting forth that Philip, his son, at the age of 17, entered his Majesty's service and served 4 years at sea and 3 years in Flanders, under maj.-general Lumley, to the general satisfaction, as appears by certificates of the said major-general and officers. His son, accidentally happening into the company of some persons who were charged with robbery on the highway, was condemned as concerned in the same fact, at the last assizes for the county of Bucks. He prays for a reprieve. Referred to Mr. Justice Hatsell. [S.P. 44. 238. p. 299.]
Mar. 25.
Whitehall.
Allowance by the Secretary of State of the bill of Sir Paul Ricaut, resident with the Hanseatic towns of Lower Saxony, dated Hamburg, Dec. 31, 1698, of sums expended from July 1, 1698, to Jan. 1st, 1698–9; [including] £12 10s. to disbanded English soldiers from the Danish and Brandenburg troops: £16 to the pilot of Heilegland to pilot H.M.S. The Lime, frigate, which brought over Count Bond: £12 10s. to a gentleman whom I sent with orders from the king to the senate of Lübeck: £20 "which I am to pay to Mr. Gilbert Spence, Scotch merchant at Bremen, for what he laid out on the Vij Lemberg, prize." [S.P. 44. 347. pp. 421–2.]
Mar. 25.
Kensington.
Ja. Vernon to the Commissioners of Trade. You are to prepare a commission and instructions for col. Codrington as governor of the Leeward Caribee Islands. [S.P. 44. 101. p. 2.]
Commission to Daniel Harvey, to be colonel of the regiment of horse whereof maj.-general Richard Leveson was colonel, and to be captain of a troop in the same. [S.P. 44. 167. p. 395: S.P. 44. 168. p. 233.]
Royal warrant to Ralph, earl of Montagu, to deliver to Charles, earl of Manchester, captain of the yeomen of the guard, 140 livery coats, i.e., 100 for the guard and 40 for the yeomen warders of the Tower of London [etc.]. (As in Cal. S.P. Dom., June 14, 1698.) [S.P. 44. 167. p. 387.]
Mar. 26.
Kensington.
Ja. Vernon to lord chief justice Holt. The enclosed petition of John Wright and Ralph Gammon, both condemned at Chelmsford, having been laid before his Majesty this evening at the cabinet council, I am to send them to you for your report. In the meantime you will give directions for deferring their execution. [S.P. 44. 101. p. 3.]
Commission to Charles Law to be adjutant of maj.-general Henry Lumley's regiment of horse. [S.P. 44. 167. p. 389.]
Mar. 26.
Kensington.
Warrant for a reprieve to Henry Shaw, sentenced to death at Stafford for horse stealing. [S.P. 44. 347. p. 425.]
Warrant for a grant to William Needham, gent., of the offices of clerk of the Crown and clerk of the peace in Jamaica. [Ibid. p. 430: S.O. 3. 20. f. 169.]
Mar. 27.
Whitehall.
Ja. Vernon to the Admiralty: (1) transmitting a petition of Sir Robt. Robinson: the king would have his allowance of £150 p. ann. formerly granted him as rear-admiral's pay restored. (2) I have laid the memorials I received from you yesterday before his Majesty, who has ordered that the memorials about the guardships and the flagships be brought to the Council, and the consideration of the list of ships proposed for this year's service is put off to another opportunity. [S.P. 44 204. pp. 212–3.]
Ja. Vernon to the Treasury. His Majesty intending that something shall be done for capt. Fisher, commands me to send his petition to you, to be laid before him for his directions. [S.P. 44. 101. p. 2.]
The same to the Commissioners of Trade, transmitting the advice sent to the Royal African Company concerning several pirates that have appeared on the coast of Africa, commanded by capt. Every.
"You will advise with the merchants whether they have anything to propose for the protection of trade, and report to his Majesty.
Your report, of 24th ult., concerning passes, was sent to the Admiralty. I have put them in mind of it." [Ibid. p. 3.]
Mar. 27.
Kensington.
Commission to Mr. John Pitt to be lieutenant of captain Oldfeild's troop in col. Wood's regiment, and to Mr. Wm. Ashby to be cornet of major Featherstonhalgh's troop in the same. [S.P. 44. 167. p. 386.]
Mar. 27.
Whitehall.
His Majesty approves of Sir Thomas Willugby, bart., Peregrine Bertie, Thomas Pownall, and William Ambler, esqs., to be deputy lieutenants of the county of Lincoln. [Ibid. p. 392.]
Proceedings upon the petition of Henry Shawe; setting forth that, in January last, he bought of one Craddock, in the county of Chester, two mares, and paid part of the money. The mares being stolen by Craddock, as appears since, and taken in the petitioner's custody, he was committed to Stafford prison upon suspicion of having stolen them, and at the last assizes tried before Mr. Justice Gould, and, for want of witnesses that were present when he bought the mares, and Craddock being fled, the petitioner was convicted, but in consideration of the hardness of his case Mr. Justice Gould respited his execution till Saturday next. He prays for a reprieve. Referred to Mr. Justice Gould. [S.P. 44. 238. p. 297.]
Mar. 27.
Whitehall.
Proceedings upon the petition of Martha and Margaret Balliall; setting forth that their father, Peter Balliall, served the Crown of England for 33 years, and lent the Crown £60,000, for which he had no consideration. They pray for a pension. Referred to the Treasury. [Ibid. p. 299.]
Mar. 28.
Whitehall.
Ja. Vernon to lord ambassador Williamson. The Friday's post is not yet arrived, but I have laid your letters of the 27th and 31st inst. before his Majesty, who is apt to believe the enclosed advice come from Tilly, and, if he be the author, it may be such an amusement as one shall never know what to make of it.
His Majesty approves of the steps you have made in the conferences with Monsr. Lilierode, but doubts whether anything be sincerely intended on that side; and one would be the more confirmed in it by what Leyoncrone said to me last night, who made me a visit to let me know that Monsr. Lilierode found greater difficulties in his negotiation than he expected, and he believed his stay was not like to be long in those parts. Perhaps therefore the instructions he expects are for his going somewhere else, or for his return home, where it is said he is to be made one of the senators. Leyoncrone gave some hints of what advantages the Swedes had in former treaties: that in 1664–5 King Charles remitted them a great debt which was owing to him from Sweden, and they had a sum of money given them besides.
I told him I thought these alliances had been prosecuted and carried on (as was declared from the beginning) for securing that quiet in Europe which Sweden had been so instrumental in procuring, as also for the preservation of the Protestant religion; which were the most advantageous, as well as the most honorable ends that any Prince can propose to himself: that there appeared none of that self-interestedness in the treaty he mentioned, and I thought the present king of Sweden too great and generous a Prince to expose his friendship to sale.
He talked likewise of the privileges they had of bringing all sorts of goods into England in their ships, which, being contrary to one of our fundamentals, the Act of Navigation, I can't believe was either articled for or permitted. He still harped upon our being most in danger, and therefore it lay upon us to make the advances for our security. I am the more particular in his discourses, because perhaps it is the clearer side of their negotiation.
I have just now received your letter of the 3rd April, and shall take the first opportunity of laying it before his Majesty.
Lord Warwick was brought to his trial to-day before the House of Peers, who sat upon it till past 8 at night: there being no proof that my lord killed Mr. Coot, he is acquitted.
The House of Commons were this day in a committee upon the land tax Bill, and went through great part of it, so that it may be ended on Saturday next, when the committee sits again.
[P.S.] The bishop of Worcester died yesterday. [S.P. 32. 15. f. 340.]
Mar. 28.
Dartmouth.
[Monsr. de la Maisonblanche to the Secretary of State about his ship and goods.] Notwithstanding the order to the customers of Plymouth for delivery of my silks they still detain them. The customs officers here await orders to place their officer's charges of attendance on the vessel to the king's account. I beg a particular order to be clear of such charges, and that I may be able to consign my silks to Mr. Jno. de Haviland, merchant, in Guernsey. I have desired Mr. Tho. Bower, collector of customs here, to write the commissioners my request, and I will give bond for its being landed in Guernsey. [S.P. 42. 5. 85A.]
Mar. 28.
Whitehall.
Proceedings upon the petition of Dianah Bellon, widow of Dr. Peter Bellon; setting forth that her husband served his Majesty, both in Ireland and Flanders, as one of the physicians belonging to the hospital, and died in the performance of his duty at Ghent in 1696, being infected by the spotted fever, and left the petitioner there with four small children. Being reduced to extreme want she prays for relief. Referred to the Treasury. [S.P. 44. 238. p. 302.]
Mar. 28.
Kensington.
Commission to Ambrose Edgworth, esq., to be captain of the company whereof capt. George Prater was late captain in maj. general Tho. Erle's regiment of foot. [S.P. 44. 167. p. 388.]
Mar. 29.
Kensington.
Royal warrant to the Treasury of Scotland: for the payment of £100 to Mr. Archibald Graham, late bishop of the Isles, his circumstances being such that he required assistance. [S.P. 57. 17. p. 171.]
The same, for the payment of £100 each to Mr. Alexander Ross, late bishop of Edinburgh, and —, late bishop of Orkney. [Ibid., pp. 171–2.]
The same, for the enrolment of ensign William Hamilton in the list of invalids of Scotland, on half pay of an ensign, in consideration of his many wounds and the loss of his arm at the battle of Stanekirk. [Ibid. p. 172.]
The same for serjeant — Lesly, on half pay of a serjeant of foot, in consideration of long services, great hardships and poverty. [Ibid. p. 173.]
The same, for payment of £25 to Mr. Martin Martine, in consideration of the charges and pains he has been at in accompanying John Adair for taking maps of the north-west seas and islands, and prosecuting the natural history of the same. [S.P. 57. 17. p. 173.]
Mar. 29.
Kensington.
Commission to Anthony Cadour to be 2nd lieutenant of the colonel's own company in the regiment of guard. [Ibid.]
Royal warrant to the Treasury of Scotland to enrol Mathew Murray, writer in Edinburgh, "in our charity roll," at the allowance of £10 yearly, in consideration of his age and necessitous condition. [Ibid. p. 174.]
The petition of lieut. James Halyburton, shewing that in February, 1689, being at Couper of Angus in Scotland, with Patrick Cooper and others in the house of Patrick Stuart, innkeeper, Stuart entered in debate with Cooper, alleging a popish king might fitly rule protestant subjects, and, hot words passing between them, the innkeeper struck Cooper in his own house. Whereupon the petitioner broke up the company, and took his horse to ride away, saying that it did not become a man of his profession to enter in debate with the gentlemen that frequented his house. Upon which provocation Stuart took up a great staff and made towards the petitioner, who, to save his life, fired a pistol at Stuart, who some days after bled to death.
The petitioner has ever since your Majesty's accession served under Sir David Collier in Ireland and Flanders, and, having a small concern fallen to him by the death of his father, in these unhappy circumstances cannot go to Scotland to look after it, nor return and attend his post in your Majesty's regiment, which is now there. He prays a pardon.
The king orders that there be no criminal process or indictment moved or admitted against Halyburton until his further pleasure be known: and he reprieves him for 12 months; requiring the privy council to order him his liberty, and to give him their protection. [Ibid. pp. 174–5.]
Warrant for a grant to John Veitch, elder, of Davick, and John Veitch, his eldest son, conjunctly or severally, and to the longest liver, of the office of presenting signatures in the Exchequer and ordering despatches in Scotland, as enjoyed by John Veitch or William Brown of Steinson, or the deceased Patrick Brown, his father. [Ibid. pp. 175–6.]
Docquet of the warrant for a gift of the place of master couper in Scotland to — Ker, couper in Leith. [Ibid. p. 176.]
Docquet of the warrant for a charter to James Agnew, younger, of Lochnaw, and the heirs male betwixt him and lady Mary Mountgomery his spouse, which failing his other heirs male, and these failing his heirs and assigns, of the lands of Lochnaw, Dundinnie, Salchary, Craichmore, with the offices of the sheriffship of Wigtoun and constabulary of Lochnaw, and the office of bailly of the barony of Saulside and Drummastoun, and the office of heretable bailly of Leswalt, the lands of old breck, Cults, Baltire, Achneill Galdenoch and corn miln thereof, Cruigiltoun Castle and teynds included Crugiltoun, Cavins, corn miln of Portzarrock with several pieces and roods of land about the town of Innermessan, the lands of Marslaugh, Kerrinray, Clenary, Garchlary, and half merk land, Calrarran, and salmond fishing upon the water of Luce, land of Ardcrochar and corn miln thereof, forty shilling land of Achneill and the merkland, with the half of the miln of Galdenoch, and the lands of Crooch. Proceeding upon the resignation of Sir Andrew Agnew and captain Andrew Agnew of Crooch respective: with a de novo damus, with an union and erection of the lands (except Crooch) in a barony, of which the manner place of Lochnaw is the principal messuage. And contains the holding of the lands to be of your Majesty, partly in ward and partly in few as formerly holden few of the bishop of Galloway to whom your Majesty succeeds: with change from simple to taxt ward: the few duties of the other lands which held of the bishop to be paid to your Majesty conform to the old writs: and your Majesty promises in verbo principis to ratify the charter in this or the next parliament. [Ibid. p. 177.]
Warrant for a pardon to Roger James and George Dockwra, gentlemen, of manslaughter concerning the killing of Richard Coote, esq., (whereof they stand convicted). [S.P. 44. 347. p. 426: S.O. 3. 20. f. 169.]
Royal warrant: reciting a grant by letters patent of June 4th, 1691, to Edward Thompson, esq., of the office of registering such servants as should go voluntarily or be sent to any of our plantations in America or elsewhere, for 21 years: and directing that, upon surrender of the said patent, a bill should be prepared containing a grant of the office to Leonard Thompson, esq., son of the said Edward Thompson, his executors, administrators, and assigns, for 40 years. A clause is to be inserted directing justices of the peace to assist "custom house officers in putting our intended grant in execution, for preventing persons from being transported to our plantations without their consent." [S.P. 44. 347. p. 426–8: S.O. 3. 20. f. 169v.]
Warrant for the grant of a baronetcy of England to John Stanley, of Grangegormon near Dublin. [S.P. 44. 347. p. 429: S.O. 3. 20. f. 169.]
Mar. 30.
Whitehall.
Ja. Vernon to lord chief justice Holt. I shall lay your letter of this morning before his Majesty, who has no intention of extending his mercy to Wright or Gammon, unless you think fit, The petition of the former was presented by lord Dorset, and the other was recommended by lord Romney. I suppose they will be at the cabinet council on Sunday, and will desist when they find these persons are unworthy. [S.P. 44. 101. p. 4.]
Mar. 30.
Edinburgh.
A proclamation for re-establishing the Staple-port at Camphire. After reciting that the Staple port of Scotland for the Netherlands was re-established by contract, and settled at Camphire: that the contract was ratified by the States of Zeland and the convention of the royal burghs, and by the king by signature "of the 20th of March current": the king prohibits all merchants and others to export from Scotland any Staple commodities to any other port or place of the United Provinces of the Netherlands but only to the Staple-port of Camphire in Zeland. Printed. [S.P. 54. 1. 5.]
Mar. 30.
Kensington.
Warrant for a reprieve to James Wells, a prisoner in Canterbury gaol, sentenced to death for felony and burglary. [S.P. 44. 347. p. 425.]
The king to whom it may concern: reciting that the republic of Genoa had by commission dated March 13, 1698, appointed Signore Marco Domenico Maria Viceti their agent and consul in England, that the king had approved him: and requiring that he should be received [etc.]. [Ibid. p. 434.]
Mar. 31.
Whitehall.
Ja. Vernon to lord ambassador Williamson. I laid your letter of the 3rd of April before his Majesty, by which he perceives it is almost out of doubt that the Swedes do not intend to conclude a treaty that shall be of any significancy, and therefore he thinks he ought to be left as much at liberty as they design to be; without being under any new engagements on account of garantys, since they avoid them on their side. But, to avoid quitting this negotiation abruptly, his Majesty is willing you should renew the treaty of 1664–5 in the manner proposed.
There is little else to acquaint you with. Lord Warwick on Tuesday was found guilty of manslaughter, as the rest were, who were tried at the Old Bayly. Lord Mohun was brought to trial next day and acquitted; there being no evidence that he was upon the place when Coote was killed, and it was proved that he endeavoured to prevent the quarrel.
I hope our sessions draws near to a conclusion. One shall judge better of it when one sees what they intend to furnish this year towards making good their late Resolutions. [S.P. 32. 11. f. 208.]
Ja. Vernon to the Treasury. Mr. Ferrand Spence, who died in September last, had an allowance from the post office of £400 p. ann. The king has given it to Mr. William Brockett. [S.P. 44. 101. p. 4.]
Mar. 31.
Whitehall.
The same to the attorney-general. I am to transmit to you the earl of Limerick's petition and case, with a report of the lords justices of Ireland and other papers, for your opinion concerning his claim to his brother, the earl of Limerick's, estate.
The papers enclosed were: (1) a letter from the lords justices of Ireland to Mr. Sec. Vernon. (2) The earl of Limerick's petition and case. (3) Sir Richard Leving's report. (4) Letter from lord Capell, Sir Cyril Wych and Mr. Duncomb, then lords justices of Ireland, to the duke of Shrewsbury. (5) Report of Mr. Rochfort, attorney, and Alan Brodrick, solicitor-general. [Ibid. p. 5.]
The same to the Commissioners of Excise: recommending Mr. Edwards, formerly in the excise, for employment. [Ibid.]
Proceedings upon the petition of George Armstrong. He had served many years in several frigates, particularly H.M.S. Kent, " where on 19th May, 1692, in the great engagement against the French fleet" he lost both legs. He asks for the next almsman's place in Durham Cathedral. [Granted.] [S.P. 44. 238. p. 305: S.O. 5. 31. f. 59.]
Annexed to the petition [S.O. 8. 27. No. 7] is a certificate, dated Dec. 17, 1698, that George Armstrong lost both legs on H.M.S. Kent, signed Ri. Cotton, "then 1st lieutenant of the said ship"; Thomas Hargood, carpenter; Will. Brown, gunner. [S.O. 8. 27. No. 7 (i).]
The king approves of Sir Richd. Sands to be deputy lieutenant of Kent. [S.P. 44. 167. p. 388.]
Pass to the noble lady Mrs. Grace Hatcher, going to Brussels for her health, with Frances Blorten and Elizabeth, a Moorish girl, her servants. Latin. [S.P.44. 387. p. 158.]
Mar. Note for the dividend. [S.P. 32. 11. f. 209.]

Footnotes

  • 1. See also Treas. Cal., XIV, 361.