|
Nov. 1,
forenoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr.
Smith, Sir Thomas Littleton. |
|
The Agents for Taxes are called in. They are to write to the
[respective County] Receivers pressingly to pay in their receipts,
particularly the Poll Tax. |
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[Order for] letters to Briggs and Whitley that their securities
shall be prosecuted unless [they pay in their balances] &c. |
|
Mr. Waldron acquaints my Lords that the bills of exchange at
Barbados are now current at 15 per cent. and the difference of money
between Barbados and the Leeward Islands is 20 per cent.: that
the island of Antigua by an Act did give free quarter to the Regiment
without expectation of being repaid. He offers a memorial to that
purpose. They paid constantly 9d. [per man] a day and Col. Holt
quartered with him two years. There was a fund raised to pay the
9d. a day by the country and the country [the island, further] raised
500l. or 600l. to cloth them. Mr. Cary heard [that] the agent
received some of the subsistence money here. He thinks there are
about 400 [soldiers] in all the islands. He'll come again to-morrow
morning. |
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[Write] Mr. Taylder to be here to-morrow morning: likewise
the Earl of Ranelagh: likewise Mr. Povey. |
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[Write] to the Customs Commissioners to attend to-morrow
afternoon. |
|
[Write] to Mr. Butts to attend on Monday next about his account.
All his papers to be looked out. |
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[The Principal] Officers of the Ordnance [attend with the]
Auditors of Imprests and Sir Policarpus Wharton. The state of
the said Wharton's account is read, with Sir Robert Howard's report
and the report of the [Principal] Officers of the Ordnance as to the
Exchequer fees. |
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[Write] to Mr. Row and Lady Wood to attend on Monday morning. |
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The Auditors will be here then. |
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A privy seal is to be prepared for passing Sir Policarpus Wharton's
accounts according to the minutes [margined] upon the several
reports this day read to my Lords and considered by them. |
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[Order for] 244l. 5s. 3d. to be issued to the Earl of Ranelagh:
out of loans on the Duties on Coal: to pay a contingent warrant
of Col. Collingwood's. Ibid., p. 8. |
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eodem die, afternoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr.
Smith, Sir Thomas Littleton. |
|
The Attorney and Solicitor General [attend with] the Excise
Commissioners. Upon reading the [said] Commissioners' report
concerning white leather [which is] after converted into oil leather
the King's Counsel are of opinion the higher Duty ought to be
charged to wit [as] for oil leather; but upon the parties making
proof that a lower Duty was paid for the same as for white leather
the lower Duty so paid ought to be abated. |
|
The report concerning the Duties on vinegar-beer and vinegar
is read. Ibid., p. 9. |
Nov. 2,
forenoon. Cockpit, Treasury Chambers. |
Present: Sir Stephen Fox, Mr. Smith, Sir Thomas Littleton, Mr.
Pelham. |
|
[Write] to Mr. Marriott, Mr. Shales and Mr. Aldworth to attend
(on Monday) about the account of Lord Preston's estate in Cumberland. |
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[Write] a letter to the Earl of Ranelagh to pay over to Mr.
Vander Esch 10l. for Henry Ditch on account of his arrears: which
are certified by said Earl to be 24l. 14s. 4d. |
|
Mr. Walrond [attends and also] Mr. Povey, the Earl of Ranelagh,
Mr. Abbot and Mr. Taylder. Mr. Popple has not the Acts of the
Leeward Islands but says the Solicitor General has one of the 3rd
June, 1696, entitled an Act for reinforcing an Act for billeting of
soldiers. |
|
Mr. Hutcheson, Agent to Holt's Regiment in the Leeward Islands,
[attends]. He says the island's giving the Regiment free quarters
as an additional encouragement to the men was known to the Committee of Trade [and Foreign Plantations] and to Mr. Abbot and
everybody and that the Acts themselves are before the Commissioners
of Trade. |
|
The Chancellor of the Exchequer comes in. |
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Mr. Hutcheson agrees that the soldiers had the 9d. a day in money
or provisions. |
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[Write] to Mr. Richard Cary of Mincing Lane to be here on Friday
morning. |
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Mr. Hutcheson moves my Lords that the subsistence to the
officers of these [West Indies] [to wit officers] that are here may be
paid as the subsistence to the officers of other Regiments are paid.
Treasury Minute Book, Vol. XI, p. 10. |
|
eodem die, afternoon. Cockpit, Treasury Chambers. |
Present: all the five Lords. |
|
The Customs Commissioners [attend]. Papers are read and
minutes [are endorsed or margined] on them. |
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Mr. Baker will attend the Commissioners with his report which
they are to consider and give their opinions on. |
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Mr. Holmes to be recommended to the Excise Commissioners to
be instructed. Ibid., p. 11. |
Nov. 3,
afternoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Mr. Smith, Sir Thomas
Littleton. |
|
Mr. Clerk and Mr. Abbot [attend]. They will attend to-morrow
morning. Ibid., p. 12. |
Nov. 4,
forenoon. Cockpit, Treasury Chambers. |
Present: all the five Lords. |
|
The letter to the Marquess of Carmarthen is read and approved. |
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Mr. Cary says he heard the [Leeward] Islands gave Holt's Regiment free quarters but they (i.e., the Commissioners) did not know
certainly till they writ thither and received an answer that the
islands freely gave the Regiment their subsistence. They did not
instruct him to inform the Government of it here and he had no
reason to do it without instruction: and all the money put into
their hands was issued entirely to Col. Codrington. They received
money sterling and paid money sterling. 'Twas the Gen[era]l communicated to him [that] the islands did not expect any repayment
of the soldiers' subsistence. He knows nothing of Mr. Barnes'
motion in the Assembly. |
|
My Lords adhere to their resolution of the 7th of Oct. last in
the case of Sir Henry Ashurst; which being complied with, his
bond will be delivered up. |
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Mr. Overton and Mr. Williamson to be heard on Monday week. |
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The Victuallers are to dispose of the salt tallies resting in their
hands to the best advantage and to pay the creditors out of the
money [so raised] and to employ the overplus for the King's account. |
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On Monday week my Lords will hear the account of the old
Victuallers' debt claimed by Sir Josiah Child et al. Send notice to
the Auditors [of Imprests] to attend then. |
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[Order for the issue of] 1,700l. to the Victuallers out of loans on
the Duties on coals: to be for imprests. Ibid., p. 13. |
Nov. 7,
forenoon. Cockpit, Treasury Chambers. |
Present: Sir Stephen Fox, Sir Thomas Littleton, Mr. Pelham. |
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Mr. Rowe and Lady Wood are to be heard on Friday morning. |
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They and the Auditors are to attend then. |
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[Order for] 133l. 6s. 8d. to be issued to the [Treasurer of the]
Ordnance out of loans on the Coal Duties Act: to pay the King's
bounty, as by the order in Council, for 20 guns taken by Capt. Waters
in the Suttle prize; which guns were delivered into the Office of
Ordnance. Ibid., p. 14. |
|
eodem die, afternoon. |
Present: all the five Lords. |
|
Mr. Aldworth, Mr. Hen. Shales and Mr. Maryot attend. Maryot
says the return of the Commissioners upon oath [as to the
value of Lord Preston's estate] was between 600l. and 700l. per an.
in Cumberland. He was directed to put the estate in charge
accordingly. The Receiver sent word it was not a third of the
value. Mr. Rivington received what he could. After his death
he (Maryot) sent Bodinson to take account of all received. He was
assisted by Lord Preston's steward. Upon comparing their several
accounts they did not differ 40s. and then he (Maryot) thought
he had done all he could do and he accounted upon oath
for all that was received, being ordered to take care of the estate,
and he appointed Rivington and Bodyson. Mr. Maryot will give
the auditor the particulars of the rents of the Cumberland estate,
with the [names of the] tenants that are in arrear. |
|
Memorandum: to speak with Aaron Smith about the Yorkshire
[portion of Visct. Preston's] estate [and the receipts therefrom]
from the seizure to the time of the lease made to the Earl of
Carlisle et al. |
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The auditor is to make up the account and to charge the rents
that became due and to set in super the tenants that are in arrear. |
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Mr. Aldworth will deliver the vouchers to Mr. Shales. |
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Mr. Aldworth's report of 1696–7, March 10, is read concerning
391l. 9s. 0d. per an. and 2,725l. 17s. 8¾d. arrears discharged upon
allegation, per Mr. Maryot, in an account of the [parts of the abovesaid estate in] Norfolk and Huntingdon. As to leaves in the
Inrollment Books cut out or sewed in, the books themselves are to
be brought hither by Mr. Aldworth. |
|
Memorandum: to send to Mr. Pottinger to be here when these
matters are to be heard this day week. All parties to have notice. |
|
Order [for] Mr. Maryot to pay 200l. to Henry Baker out of the
money in his hands of the Cumberland estate [of Lord Preston]:
[the said sum] to be divided amongst the tenants, as my Lords shall
appoint, for their service to the King. |
|
Mr. Clerk and Mr. Abbot [attend] with their draft of instructions
for Mr. Taylder; which are approved. |
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[Write] to the [Principal] Officers of the Mint and Mr. Hayes to
be here on Wednesday morning. Ibid., pp. 14–15. |
Nov. 8,
forenoon. Cockpit, Treasury Chambers. |
Present: Sir Stephen Fox, Sir Thomas Littleton, Mr. Pelham. |
|
The Commissioners of Sick and Wounded [attend]. There are
6,000l. in bills of exchange [drawn] upon them and 2,000l. at
Plymouth, most pressing, at present. |
|
The Earl of Ranelagh says if my Lords will give Mr. Hill the
tallies for 214,000l. which he [Hill] desires, he [Ranelagh] will take
care they shall not be parted with till further order from my
Lords; and this will enable Mr. Hill to make agreements with
the creditors to whom the money is owing [by Hill]. |
|
My Lords, upon reading Mr. Duncomb's letter to Mr. L[owndes]
have resolved that the contract shall be produced, at his trial, by
Mr. Tailor and that any for him may see it in the mean time. |
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Mr. Smith comes in. |
|
[Write] to the [Principal] Commissioners of Prizes to be here next
Monday afternoon about the business of Mr. Brownjohn. His
papers to be ready then. |
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Mr. Montagu comes in. |
|
Mr. Isles [in return] for 10,000l. to be forthwith paid him here by
the Earl of Ranelagh will give good bills of exchange payable to
Mr. Taylder for 10,500l. at Barbados in current money of that
Island, to wit for half at 10 days and half at 20 days sight, for
payment of the Forces in the Leeward Islands. |
|
In case the 10,500l. do not complete the whole service in the
Leeward Islands, Mr. Taylder is to get credit for the rest and draw
on the Earl of Ranelagh, not exceeding 1,000l. |
|
Write to Mr. Butts to attend next Monday morning. |
|
[Order for] 100l. out of the money for Disbanding in the Earl of
Ranelagh's hands, to be paid to Penelope Holt widow of Lieut.
Richard Holt, late of Col. Henry Holt's Regiment in the West
Indies, in part of the arrears of subsistence and pay due to her
said husband. |
|
[Write] to the Excise Commissioners to attend this day week.
Mr. Brawne to be here then. Treasury Minute Book, Vol. XI, p. 16. |
|
eodem die, afternoon. Cockpit, Treasury Chambers. |
Present: all the five Lords. |
|
[Order for the issue of] 6,600l. to the Earl of Portland for the
Privy Purse: out of the fourth payment of the Two Millions, due in
January next: which with 3,000l. paid already makes 9,600l. for
16 weeks at 600l. a week from July 18 last to Nov. 7 inst. |
|
A certificate is read from the Exchequer how far the 5,876l. 7s.
6d. per an. for the Stables is paid. |
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The like for the 2,500l. per an. for buying horses. |
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And [the like for] how much is unpaid upon any [outstanding
unsatisfied] order for extraordinaries [of the Stables]. |
|
[Order for] 15,262l. 4s. 2½d. for 5 quarters to the Queen Dowager
to Michaelmas last on her 12,000l. odd per an.: to be paid [as follows:
to wit] 6,104l. 17s. 8¼d. on the eighth payment of the Two Millions
and 9,157l. 6s. 6¼d. on some place [in the register of loans on] the
Coal Act. |
|
Write to the Earl of Ranelagh to know what tallies and to what
value are deposited in the Dutch Ambassador's hands and how
much was borrowed in Holland thereupon. |
|
[Order for the issue of] 74,964l. 18s. 7½d. to the Household to
clear the expense thereof to Xmas, 1697: to be paid [as follows]
viz., 34,964l. 18s. 7½d. on some place of [the register of loans on]
the Coal Act and 40,000l. on the Two Millions, to wit 20,000l. on this
month's payment and 20,000l. on the tenth payment thereof. (In
the margin: add to the 34,964l. 18s. 7½d. the further sum of 7,500l.
making 42,464l. 18s. 7½d. to be charged on the Coal Act: to clear
[the Household] to Xmas 1697). |
|
[Order for the issue of] 14,000l. to the Treasurer of the Chamber
to clear his office to Xmas, 1697: [to be issued as follows] viz., 7,000l.
on the 9th payment of the Two Millions and 7,000l. on the tenth
payment. Add 98l. 4s. 5d. to the last sum. Ibid., p. 17. |
Nov. 9,
forenoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr.
Smith, Sir Thomas Littleton. |
|
[Order for] 3,948l. 11s. 4d. to be issued to the Great Wardrobe to
be applied according to the Earl of Montagu's report of 1697 July
16, for goods delivered by several tradesmen at Windsor, Kensington
and Hounslow: to be satisfied by tallies on the seventh payment
of the Two Millions. |
|
[Write] to Sir Christopher Wren to be here to-morrow morning. |
|
Mr. Pelham comes in. |
|
The Earl of Bradford and Mr. Rowe [attend]. My Lords acquaint
them with the provision they have made for the Household. |
|
[Write] to the Earl of Montagu that my Lords desire to speak
with him to-morrow morning. |
|
The [Principal] Officers of the Mint and Mr. Hayes [attend].
Hayes says the account at Exeter is brought within 200l. and as
much [so much] will appear due to him [on the balancing of the
account], but he must sue some of the officers there, to adjust it.
He will give security to the good liking of the Master and Warden
[of the Mint] to make good any deficiency of cash which shall appear
upon making up the accounts of the Mint at Exeter [on condition of]
being at liberty to prosecute any other persons for so much as they
are answerable for. |
|
Mr. Neal is to certify to my Lords the taking of this security when
it is given. Ibid., p. 18. |
Nov. 10,
forenoon. Cockpit, Treasury Chambers. |
Present: all the five Lords. |
|
[Order for] 3,400l. to be issued to the Victuallers out of the loans
on the Coal Duties: to be for imprests. |
|
Memorandum: to inspect the account of Col. Codrington and
see whether 500l. levied on Mr. Waldron's estate at Antigua be
charged in that [Codrington's] account and paid to Col. Holt's
Regiment. |
|
[Order for the issue to the Master of the Horse for the Stables of]
2,000l. for buying horses and 2,876l. 7s. 6d. in full of 5,776l. 7s. 6d.
for one year to the liveries to 1698–9, Jan. 1: the total 4,876l. 7s. 6d.
to be placed on the seventh payment of the Two Millions. |
|
[Order for the issue of] 864l. to the Robes: to be charged on the
said seventh payment as above. |
|
[Order for the issue of] 2,500l. to Monsieur Auverquere for 1¼
years on his pension due at Xmas last, which pension is charged
on the Duchy of Cornwall revenue: to be charged on the seventh
payment as above. Ibid., p. 19. |
Nov. 11,
forenoon. Cockpit, Treasury Chambers. |
Present: all the five Lords. |
|
[Order to] prepare a warrant for 50,000l. on the sixth payment of
the Two Millions and for 64,000l. on the Poll: as in part of 214,000l.
[to the Earl of Ranelagh] for the arrear of subsistence in Flanders. |
|
[Write] to Mr. Rowe, Lady Wood and the Auditors to attend
this day week in the morning peremptorily; and that my Lords
will then declare the accounts [even] though Mr. Rowe should not
attend. |
|
[Order for the issue to the Earl of Ranelagh of] 4,000l. out of the
10,000l. in the hands of the Trustees for Exchequer Bills and
applicable to the Forces: to be applied to the discharge of quarters
contracted by the out pensioners of Chelsea Hospital in the adjacent
villages. |
|
[Order for the issue to same of] 184l. 12s. 3d. out of ditto: to be
applied for discharge of the quarters in Lincolnshire due from some
of the officers of Col. Farington's Regiment disbanded; and that
the half-pay and arrears of these particular officers be stopped till
this money be recouped. |
|
[Write] to the Excise Commissioners to direct Mr. Fletcher, their
surveyor for the four Northern Counties, to assist the officers
appointed by the Commissioners for preventing the exportation of
wool in the said counties, to wit in discovering all offences of that
kind. Treasury Minute Book. Vol. XI, p. 20. |
Nov 14,
forenoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Mr. Smith, Mr. Pelham. |
|
Mr. Overton and Mr. Williamson [are] put off till Friday next.
Send them notice. |
|
[Write] to the Customs Commissioners to attend to-morrow afternoon. |
|
Mr. Papillon and the Auditors [of Imprests attend] about the
debt claimed by the old Victuallers [of the Navy]. The Auditors'
state of the report [sic for account] is read. The minutes [made
now by my Lords] are [endorsed] upon it. The auditors are to
proceed in the making up for declaration the whole account of these
Victuallers for their whole time [of management] as far as they can
by [or in accordance with] these minutes. Ibid., p. 21. |
Nov. 15,
forenoon. Cockpit, Treasury Chambers. |
Present: all the five Lords. |
|
[Order for] 150l. to Mr. Booth for the last quarter: to be paid
out of Excise money. |
|
[Order for] 142l. 10s. 0d. to Lord Chief Justice Holt; 111l. 3s. 0d.
to Justice Rokeby and 142l. 10s. 0d. to Baron Powys for their loss
in [the discount of] Malt [Lottery] tickets given them for their
salaries: to be paid out of Excise money by way of secret service. |
|
Mr. Bird's warrant [prepared] for the Lords Justices' hand is read
and approved. |
|
Write to Mr. Sizer to be here to-morrow morning. |
|
[Order for the issue to the Navy Treasurer of] 65,555l. 1s. 10½d.
for the course of the Navy: "out of the Two Millions according to
the scheme" [of payments charged on that fund]. Ibid., p. 22. |
|
eodem die, afternoon. |
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr.
Smith, Sir Thomas Littleton. |
|
The Customs Commissioners [attend]. Their papers are read
and minutes [are endorsed or margined] upon them. |
|
The Excise Commissioners are called in. Mr. Brawn's two reports
[the reports on him] and his answer are read. He ought to pay the
820l. 13s. 2½d. [standing] on the account of Mr. Allen for whom he
is security. The said Commissioners are to take care that it be
paid. |
|
Their report concerning Ralph Jackson [and the recovery of his
debt] is read. Jackson says he sent the first parcel of bills by
Clement Warren and he sent the second parcel by the post with a
letter. Jackson's letter of 1697 June 21 to the Excise Commissioners is read. He believes he sent no list with his 93 bills
[? Exchequer Bills] but will not be positive. Mr. Johnson's letter
of 4 Sept. 1697 is read. He says he sent up 34 Exchequer Bills
in August which he could not get credit for till December 1697.
The Commissioners' order of 28 May 1697 is read ordering him to
keep a particular account of numbers, dates and sums of each Bill.
He denies any knowledge of it. My Lords concur with the report
of the Commissioners and direct them to proceed for recovery of
the King's debt. Ibid. |
Nov. 16,
forenoon. Cockpit, Treasury Chambers. |
Present: all the five Lords. |
|
Mr. Walrond's warrant to be signed by the Lords Justices
[England] is read and approved. |
|
[Write] to the Treasurer of the Chamber that the money in his
hands reserved for such uses as my Lords should appoint be applied
in part of the sum due for wages to Xmas last [payable in the Office
of the said Treasurer]; and that the nearest [dated] tallies in his
hands be applied to clear the said wages to that date; and that he
take care in the payment of the wages to give every servant a just
proportion of the said money and tallies or as near as may be and
that he reserve the rest of the tallies in his hands for such uses as
my Lords shall direct. |
|
[Order for] 92l. 13s. 4d. due to Benj. Coling et al by [Privy] Council
warrants to be paid out of the [above] said ready money. |
|
All my Lord Bellomont's papers are to be sent to the Customs
Commissioners to peruse and report on to my Lords. |
|
[Order for the issue to the Navy Treasurer of] 26,000l. for the
course of the Navy; [and for like issue to the Paymaster of the
Forces of] 64,000l. in part of 214,000l. for Mr. Hill for subsistence
in Flanders: to be in tallies levied on the Poll Act. Ibid., p. 23. |
Nov. 17,
forenoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Sir
Thomas Littleton, Mr. Pelham. |
|
[Order for the issue of] 62,422l. 8s. 7d. to the Wardrobe to clear
it to Michaelmas 1697: 17,237l. 19s. 9¼d. thereof by tallies on the
Coal Duties Act and 45,184l. 8s. 9¾d. [by tallies] on the tenth payment of the Two Millions. |
|
Order for the following issues: |
|
|
£ |
s. |
d. |
|
to the Navy Treasurer to complete 250,000l. for
wages [of seamen]: to be by tallies on the
Coal Act |
92015 |
2 |
1 |
|
to ditto for wear and tear |
35004 |
13 |
0 |
|
[to the Paymaster of the Ordnance] for land and
sea service |
10000 |
|
|
|
to complete 600,000l. for the Civil List: 9,157l.
6s. 6¼d. for the Queen Dowager; 42,464l. 18s.
7½d. for the Household; 17,237l. 19s. 9¼d. for
the Great Wardrobe |
68860 |
4 |
11 |
|
[to the Paymaster of the Forces] for Mr. Hill
in part of 214,000l. |
100000 |
|
|
|
|
£305880 |
0 |
0 |
|
Ibid., p. 24. |
Nov. 18,
forenoon. Cockpit, Treasury Chambers. |
Present: all the five Lords. |
|
Mr. Rowe, Lady Wood and the Auditors of Imprests [attend].
Mr. Browne for Mr. Rowe desires allowances of those tallies that
are lost or mislaid. Mr. Rowe is told that he agreed that those
tallies not produced should not be comprehended in the account
"but set [in super] upon them to try it afterwards." If Mr. Row
and Mr. Bridges will forthwith pass their grant of Hind's estate
and give security to Sir Edw. Wood and all others concerned in
the tallies standing out that the first moneys arising from that
grant shall be applied to pay those tallies my Lords will declare the
account but forbear process upon it till this security be complied with. |
|
Mr. De Casseres proposal for the salt tallies is read. |
|
Mr. Levi will take the whole 170,000l. [tallies] and upwards from
the Victuallers and 50,000l. [tallies] from the Navy at 6 per cent
discount, a fourth down and the rest by 3 equal payments the last
in the month of February [next]. Nothing [is] concluded [hereon
by my Lords]. De Casseres is called in and told that my Lords
expect a better market. |
|
[Order for] 500l. to the Navy [Treasurer] for Capt. Warren for
contingent charges of the ships under his command going to the
East Indies: to be issued out of loans on the Coal Duties Act. |
|
[Order] to the Navy Board to assign bills [on the Navy Treasurer
for payments] for the [Navy] course upon the funds and in the
manner following viz. 65,555l. 1s. 10½d. on the Two Millions;
35,004l. 13s. 0d. on the Coal Duties Act; 26,000l. on the Poll money.
Treasury Minute Book, Vol. XI, p. 25. |
|
eodem die, afternoon. |
Present: the same. |
|
Mr. Overton [attends] with his Counsel, the Solicitor General, Sir
Jos. Jekyl and Mr. Pooley. Mr. Williamson attends with his Counsel
Sir Thomas Powys, Mr. Dod and Mr. Barnard. The petition and
representation of Mr. Overton are read. Mr. Clough's answer is
read. Mr. Williamson's affidavit is read and his case. |
|
Bernard thinks it doubtful whether [the case be] a forfeiture
[and even] if [it be] forfeited 'tis pardoned. |
|
The Solicitor General says. The [five] under-searchers [of London
port] in 1672 agreed with the head searcher to resign to Fowles in
trust for the undersearchers. Fowles was to account to them and
was to have a salary. The deputy was to deposit 1,000l. to be
forfeited if he discovered the secret. There is a nominal head
searcher and [his] deputy but [in effect the result is that] the King
has only 5 officers instead of 6. In 1681 the Customs Commissioners
discovered and represented this [to the Treasury]. In the 6th year
of William and Mary all the officers of the Customs were to take an
oath by the day [fixed by the Act]. Fowles took no care to swear;
whereby he forfeited. The Solicitor General insists that declaring
a trust for the undersearchers is a forfeiture of the office; becoming
a trustee for those in the same office is a misdemeanour that [de
jure] forfeits: by the Act no salary is to be taken but from the
Crown; and if the officer will take a salary contrary to the Act it
creates a forfeiture: the forfeiture for not taking the oath (notwithstanding the Act of Oblivion) continues on him [Fowles]: the Act
of Pardon 7 Wm. III does not excuse or restore Fowlys if there
were not an exception [therein] to help him; there being a difference
between void and voidable it would be a question; but there is
an exception "except out of this pardon all misbehaviours &c.
and omissions of officers": Fowlys is an officer, has made an
omission and it is concerning the execution of his office; and he
was under an obligation to take this oath: |
|
(2) [on the question] whether it be fit for his Majesty to take this
forfeiture [the Solicitor General says] Fowleys never came into this
office but to play it for the undersearchers over whom he is a cheque
as control[ler]; so that if no forfeit by the Act it would have been
fit to issue a sciri facias for the other reason. In 1672 Long, the
head searcher, was bought out for the undersearchers. Then came
Holditch who also had a bargain with the undersearchers. Mr. Boneal
had a deputation from the patentee and he also arcled [articled]
with the undersearchers: then came in Mr. Clough who says he has
executed the office duly but does not say to who he has accounted
[for] and paid the profits, which is the most material point. Williamson's affidavit says he gives nothing to Fowlys; one would think
he should have said more: Sir William Fowlys in his Representation
does not say he is trustee for Williamson: Bonneil was actually
turned out on a complaint of this matter against him: these several
offices are dependent and the King loses one office: then [again it
is] incompatible [with his duty]: the head searcher has half the
forfeiture and accounts to the King for the other [half]: the undersearchers have no grant of forfeitures: one would think the head
searcher should account to the King for all the forfeitures and the
undersearchers should account to him; but now they will make no
account to themselves and the King [will thereby] have no means
to come by his moiety. |
|
Mr. Pooley says: the office is void by the Act: Fowlys is an
officer to the King: he did not take the oaths: the Act is express
he shall forfeit: it is excepted out of the pardon: if they will
controvert that 'tis not forfeited or [that] 'tis pardoned we can make
out [that it is not and thereby we can prove] the King's title. |
|
Sir J. Jekel says: let Williamson show his declaration of trust
and when 'twas made. |
|
Sir T. Powys says: Williamson for his merits stands equally
in the King's favour with Mr. Overton: we are in possession: Mr.
Overton comes on a forfeiture in the hardest case that ever was:
Williamson and the deputy swore and the patentee could not
[swear] just at that time: so that if there was a forfeiture, here is
equity: but the Act of Oblivion has pardoned this supposed forfeiture
and that point is settled. In 1679 these matters were set afoot
and then came to nothing. |
|
The Solicitor General says: in 1672 Ri. Pearce was undersearcher
he says when he first was admitted undersearcher, Long was head
searcher; the office was uneasy amongst Long and the undersearchers and the undersearchers bought him [Long] out; part of
his [? Pearce's purchase] money paid for it; Bernard negotiated
it; the next man was Holditch: I understood he was for us: we
received all the money and paid agent Holditch: the positive sum
I cannot remember, the 120l. a year and as much more as made
about 200l. a year: then Boneal succeeded: he deposited 1,000l.
to do nothing to the prejudice of the office (Holditch dyed) [paying
said sum] into the hands of Burton and Evance, undersearchers:
we put in Bonneal. |
|
Mr. Bernard says Long and Danvers were patentees [and the]
reversion [was] to Holditch and Percival, reversion over (in the last
patent) to Fowlys: Long and Danvers surrendered; then Holditch
came in; Holditch dyed; then Percival came in. |
|
R. Pierce says he paid his [purchase] money to Mr. Evans (himself being youngest [admitted undersearcher]: it was 500l. to be
paid to their use; but saw no contract or agreement relating hereunto: it was in 1672 or 1673: he says he received his share of the
profits: he says when he was undersearcher Clough was deputy,
he thinks, to Sir William Fowlys. |
|
Sir T. Powys says Fowlys came in but in 1693. |
|
Pierce says he has parted about 10 years. |
|
Note: the patent to Holditch et al was granted in 1677 whereas
Pierce's evidence relates to 1672. |
|
Dod says he's of counsel for the subsearchers: the undersearchers
are called to accuse themselves to make them forfeit their offices;
the questions upon the undersearchers tend thereto. |
|
The Solicitor General says: where a witness is called in a Court
of Justice and is punishable 'tis another thing, but here the witness
comes voluntarily and we do not compel him. |
|
Mr. Burton is desired to give an account of what he knows of any
bargain between the head [searcher] and the undersearchers. |
|
He knows nothing of the matter. |
|
Do you know whether the undersearchers have received the
profits? |
|
Burton: I know nothing. I never received any profit of the
head searcher's place. |
|
Pierce: we divided our money every month and kept no account.
We paid the head searcher monthly or quarterly, Mr. Clough or
Capt. Bonneil that was before him; and the undersearchers received
the profits. The profits were kept in a box; he had the key; we
had a key; we paid him and shared the rest. Mr. Burton, the
senior of us, took the money. |
|
Bernard says in Long's time when there was a controversy between
the head searcher and the undersearchers there were such boxes.
Since the patent to Holditch the like practice of boxes is continued. |
|
Pierce: so much as belonged to the head searcher was put into
one box; the rest into our own; at the month's end we paid him
and took all and Mr. Burton or Mr. Evance had a key to the head
searcher's box. |
|
Mr. Burton says he has no key and knows of no key that the
undersearchers have to the head searcher's box. |
|
Mr. Walker [one of the] undersearchers refuses to declare this
because he does not know how far it may affect his office. |
|
Mr. Pierce says he parted with his share in the head searcher's
office to Williamson and surrendered all his title in the undersearcher's
office and a fifth of the head searcher. He surrendered this by writing
and Mr. Bernard drew it. |
|
Mr. Bernard says Pierce never made any surrender at all but
Williamson acts still as his deputy. |
|
Pierce owns he acts as his deputy. |
|
Mr. Williamson affirms he never had any scrip of writing from
Pierce for the office of head searcher or a fifth thereof. |
|
Pierce wont be positive to more than one writing; perhaps
there might be two. |
|
Write to Sir Nicho Crisp for a copy of this deputation. |
|
Pierce: I had a "respect from" Mr. Williamson: desires my
Lords not to take it amiss from him that he does not declare whether
or what he had: it may be to his prejudice on account of covenants
to Williamson. I have forgot what it was. |
|
Walker: he desires to be silent upon the question whether he
received any profit of the fifth part bought of Williamson who
bought it of Pierce. |
|
Pierce says he was promised to be head searcher as Boneil was
and Walker promised he should have all his right and interest for
it. |
|
Mr. Clough: when I came in first it was by Capt. Boneil and
had the patent ass[igned] me: 'twas in me durante Percival's life:
after that he [Clough] was deputy to Fowlys and now acts as such. |
|
The deputation of Clough from Fowlys is read [dated] in Aug.
1693. |
|
Clough says at present he accounts to nobody. I have such
allowance from Fowlys as contents me, sometimes from the undersearchers, sometimes from Williamson. I was head searcher from
Boneal when Pierce was an undersearcher. When I came in I made
an agreement with the undersearchers to have so much certain. The
fees were put in the box and they had them. I receive as much now
as I did then for executing my offices. The money now comes into
the box; Mr. Williamson has a key and the persons that Fowlys
appoints; the undersearchers are present [and] receive [their
dividends of] the fees. I am under no security for my office. I
have had money from Williamson within a month; cannot remember
further. I have received money from Burton by order of Williamson. |
|
Sir T. Powys [argues]: whether the King has suffered in the
affair, that the office has not been executed or [has been] abused:
suppose the searchers and undersearchers execute their offices duly
and to prevent squabbles agree about the dividing their fees: the
Masters in Chancery and many others in Westminster Hall do the
like: if there were a control (as there is not) there was something:
dividing the fees is no abuse: if the Com[ptroller] of Customs
perform his office it matters not how he disposes his fees: there is
no port in England but [has] one searcher and the head searcher in
London is only scrutator, after[wards] the King added 5 more
which are in effect the same officer (because much business), they
are no way under him [or subject to] his control or cheque; the
searcher clears the ships; they are to have a moiety: the Act of
Tonage says no fees but what thereby appointed and the fees directed
are [that] the searcher have one moiety, the 5 [undersearchers] the
other [moiety]; the 5 are [present] at shipping the goods; there
they have all themselves; he is [present] in the clearing of goods;
there they come in with him; to prevent quarrels they have boxes
and agree upon the division. And how does this concern Overton.
The King suffers nothing. Jones, Maynard and Saunders gave
opinions that if the trustee or deputy duly performs the office it is
no forfeiture if he duly accounts for the profits. Never any neglect
in the office of head searcher. Clough is deputy [and] accountant
[accountable] to Fowlys: if he accounts to the undersearchers
(and there is no control, for if a cheque [be] though no mischief
ensue, the law will not allow it) this can be no forfeiture. Pierce
has sworn vengeance because he could not be let in. |
|
Mr. Lancash[ire says] in June last I met Pierce who said Williamson has not dealt with me as a gentleman; he promised me the
head searcher's place and was not as good as his word and uttered
such words I would not utter unless your Lordships please. |
|
The undersearchers keeps books. Mr. Clough transcribes and
examines them to put them into the Exchequer and is concerned
in clearing goods. He [? Lancashire] thinks he [the head searcher]
is no cheque [on the 5 undersearchers]. |
|
Sir Th. Powys [argues] he [the head searcher] delivers in the
books [to the Exchequer] because he's the ancient officer. |
|
Clough says he has the transcribing all the actions of the office
which are delivered yearly by me in parchment book in [to] the
Exchequer: at clearing of ships [he] is to write a search brief to
let the searcher at Gravesend know the ship is cleared. If there be
any mistakes in transcribing the searchers' books I am to rectify
them, but if they have made any wrong entries I know not how
to rectify them. I have nothing to comptroll them by. I keep
no book. |
|
Read the opinions of Sir W. Jones, Serjeant Maynard, Sir Thomas
Powys and Saunders. |
|
Jekel [argues]: questions whether a trust can separate the
salary from the officer. The searcher transcribes the books of the
undersearchers. If the head searcher finds a wrong done to the
King he is bound to discover it and not deliver the book with the
errors. |
|
Pooley [argues]: I doubt 'tis executed so but the question is
whether it should be so executed. Your Lordships can inform
yourselves of that. The searcher cannot be accountable for the
undersearcher for then he should have the putting them in [process]
if it were against common justice. Mr. Williamson (who desires to
come in in the room of Fowlys) has no office of undersearcher at
present. Treasury Minute Book, Vol. XI, pp. 25–30. |
Nov. 21,
forenoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Mr.
Smith, Sir Thomas Littleton. |
|
[Order for the issue to the Farmers of the Post Fines of] 984l.
15s. 11¾d. due upon account of defalcations for the Post Fines [for
so much thereof as has been answered direct to the respective
sheriffs] for the year ended 1697 Michaelmas: but without any
interest. A warrant [is ordered] for this. |
|
Mr. Butts [attends]; his account and other papers are read.
He is asked how he came to carry on a private trade from France
and whether he can produce an assignment from Sarsfield of his
privilege of importing 300 tons. He refers himself to Mr. Moor
and Mr. Robinson, saying he has a security. He says he had no
concern but with Mr. Robinson who was the only man. |
|
[Write] to the Auditors of Imprests to be here on Thursday
morning about Mr. Butts's accounts. Ibid., p. 31. |
Nov. 23,
forenoon. Cockpit, Treasury Chambers. |
Present: Sir Stephen Fox, Mr. Smith, Mr. Pelham. |
|
[Write] to the Earl of Montagu that out of the money or tallies
lately directed to be issued to him [for the Great Wardrobe] he pay
so much as is due to Mr. Henry Killigrew for his liveries as his
Majesty's Jester. |
|
Prepare a sign manual for a patent to revoke Mr. Dickens' patent
of Woodward of New Forest and to constitute Edward Pyle, Esq.,
to that offièe during pleasure. |
|
[Order for] a warrant for 31,325l. 17s. 2½d. to be issued to the Earl
of Ranelagh by tallies on the fourth payment of the Two Millions
for subsistence for the Forces. |
|
[Also for] 8,861l. 15s. 2d. for the disbanded officers on half-pay
from June 25 to Sept. 29 last at 91l. 7s. 2d. per diem: of this sum
5,815l. 7s. 9d. is to be satisfied out of money resting in his [the said
Earl's] hands [but probably an erratum for in the Exchequer] of the
10,000l. refunded by the Trustees for Exchequer Bills, and the rest
by tallies on the ninth payment of the Two Millions ("which will
diminish the 25,000l. which was intended for the General [or Staff]
Officers.") |
|
[Also for] 240l. to [be paid to] the Drums and Fife: by tallies
on the same ninth payment. |
|
[Also for] 50l. to [be paid to] Capt. Harris: [by tallies] on the
same ninth payment. |
|
[Also for] 200l. to [be paid to] Stephen Caliau on his pension:
by like tally [on the ninth payment of the Two Millions]. |
|
[Write] to Israel Hayes to be here to-morrow morning. |
|
Order for the issue to the Earl of Ranelagh of 434l. 10s. 4d. out of
loan money in the Coal Duty Act: to be applied to pay a bill due
to Robert Heysham drawn by Col. Gibson. |
|
The Agents for Taxes and Mr. Butts are put off till Friday morning.
Ibid., p. 32. |
Nov. 25,
forenoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Sir
Thomas Littleton, Mr. Pelham. |
|
Thirty-three accounts [are] declared. |
|
[Order for] Mr. Nich. Baker to pay 10l. for apprehending John
Hervey for coining; according to the [offer of reward in the] Gazette. |
|
[Order for] the account of Mr. Butts to be referred to the
Auditors of Imprests who are to examine the particulars with the
vouchers and to search any other accounts to which this may have
relation and to see whether Mr. Butts has fully charged himself
with all the provisions at the rates whereat he ought to be charged
and whether the allowances by him craved are reasonable; and
to make a state thereof and present the same to my Lords as soon
as may be. |
|
The [Principal] Officers of the Mint and Mr. Hayes [attend].
He [Hayes] will forthwith give security to answer his account of the
Exeter Mint. Ibid., p. 33. |
Nov. 28,
forenoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Sir Stephen Fox, Sir
Thomas Littleton. |
|
Write a letter to Mr. Chr. Montague [Auditor of the Receipt] for
issuing the sum of 29,648l. 0s. 0½d. upon the order in the name of
Lionel Herne out of loans on the 3s. Aid for cancelling Exchequer
Bills. |
|
Write to the Navy Board to allow the Treasurer 1,924l. which
he allowed to Mr. Levy for discounting 15,239l. on the two-thirds
of the Additional Excise on [the authority of] Mr. Dodington's
letter of the 25th inst.: and 5,304l. 11s. 2d. which the said Treasurer
allowed the said Levy for discount of 39,100l. on the [Stamped]
Parchment Duties on the said Dodington's letter of the same date:
and 672l. 14s. 0½d. which the said Treasurer allowed the Bank [of
England] for discounting tallies of anticipation for 113,674l. 2s. 9½d.
on the 200,000l. payable by the new East India Company in January
next at 4½ per cent. per an., on the said Dodington's letter of the
same date. |
|
The Receivers of the Two Millions are to be paid their 16,000l. [as
follows] viz. 10,000l. on the fifth payment [of the said Two Millions];
3,000l. on the sixth payment; and 3,000l. on the seventh payment. |
|
[Write] to Mr. Tho. Smith and Mr. Richard Poyke, clerks of the
Cheque to the Messengers [of the Chamber], to attend on Wednesday
morning. |
|
[Order for] Mris. Kirke to have 250l. [as royal] bounty: by
[according to] warrant of the Lords Justices [England]. Treasury
Minute Book, Vol. XI, p. 34. |
Nov. 30,
forenoon. Cockpit, Treasury Chambers. |
Present: Mr. Chancellor of the Exchequer, Mr. Stephen Fox, Sir
Thomas Littleton, Mr. Pelham. |
|
The Victuallers [attend]. They give my Lords a memorial of
120,000l. in salt tallies [which they have procured to be] discounted
at several rates making one with another 4l. 9s. 9½d. per cent.:
which my Lords approve. |
|
[Write] a letter to the Earl of Ranelagh that out of the 214,000l.
for arrear of subsistence in Flanders he do pay the undertakers for
bread and forage, clothing and quarters according to a memorial
now presented per Mr. Hill. |
|
[Order for the issue of] 450l. 5s. 0d. to the Earl of Ranelagh out
of the seventh payment of the Two Millions: to be paid to Mr. Paget
viz. 66l. 5s. 0d. thereof for subsistence in Cholmondley's Regiment
1697–8, Feb. 23 to Nov. 14 as Chaplain; 219l. for pay as Mathem[atical] Lecturer in Flanders from 1696 April 1 to 1697 March 31;
165l. for pay as Mathematical Lecturer [to the Forces in England]
from 1698 April 1 to Dec. 3. "He'll go with Norris to India." |
|
Mr. Hill will out of the 214,000l. apply 15,000l. to pay assignments
of the officers upon their arrears of subsistence for the year 1697
and my Lords will within 4 months make good the value to him
for the purposes to which the whole 214,000l. was first intended. |
|
Mr. Adrian says the two survivors in Sir Nicho. Crisp's patent (of
the office of Collector outwards London port) are securities [trustees]
for his children and he [Adrian] is deputy. The patent to John,
Thomas and Nicholas Crisp (the latter is dead) of the office of
Collector Outwards directs the Treasury Lords to admit the three
patentees on the death of Sir John Wolstenholme. |
|
Sir Jos. Herne says the two brothers will attend my Lords about
this. |
|
My Lords direct Mr. Adrian to produce copies of the former
recognizances with the conditions at large. Refer to the [King's]
Remembrancer the new security proposed. |
|
Write the Customs Commissioners to attend on Friday afternoon
about the [above] Collector's office. Mr. Adrian will acquaint Mr.
John Crisp, Mr. Tho. Crisp, Secretary Vernon, and the Attorney
and Solicitor General. Ibid., p. 35. |
