Minute Book: July 1702

Pages 50-68

Calendar of Treasury Books, Volume 17, 1702. Originally published by His Majesty's Stationery Office, London, 1939.

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July 1702

July 1,
Present: Lord Treasurer: Chancellor of the Exchequer.
[Write] to the Marquess of Carmarthen that Lord Halifax has this morning represented to my Lord Treasurer that the Marquess has by a letter from Lord Chief Baron Ward and Baron Tracy summoned him to appear in the Exchequer to a bill to be exhibited by the Marquess and that he received the summons yesterday to attend here this afternoon and not having sufficient time to instruct his counsel he desired another day: whereupon my Lord Treasurer has appointed Friday next to hear both sides by counsel concerning the admission desired by the Marquess.
[Write] to the Navy Commissioners and Auditors of Imprests to be here next Tuesday morning concerning the Navy accounts.
[Write] to Mr. Habold [Hubbald] to bring or send an account of the balance of Tenths of Prizes delivered over by the Earl of Orford to Sir Thomas Littleton and what payments have since been made out of same and by what order.
Order for the issue of 23325l. 12s. 9d. to the Earl of Bradford out of Civil List moneys grown due before 8 March last: to be for half a year's wages and board wages to the late King's Household to Xmas 1700 according to the list signed by Mr. Lancelot Burton.
Order for a dormant warrant for [payment of] the pensions of 2000l. a year to Lord St. Albans. Treasury Minute Book XIII, p. 202.
eodem die, afternoon. [No note of the attendance or of any minutes.] Ibid.
July 3,
Present: ut supra.
Mr. Whitfield is called in. He demands subsistence money for the Marines not aboard. He says it is necessary though the Instructions are not signed. He will solicit the [despatch of the] Instructions that they may be settled next week.
My Lord orders 1500l. to the Navy Treasurer out of loans in the Exchequer: to be paid over to Mr. Whitfield upon account of subsistence for the Regiments of Mordaunt, Holt and Sanderson and 7 Companies of Col. Villiers but acquaints Mr. Whitfield that before any more money can be issued the Instructions must be brought hither perfected.
Memorandum: to speak to the Navy Commissioners on Tuesday about Conduct Money at Hull.
Mr. Palmes's pension is ordered to be charged on the Post Office but before his grant passes he must secure the 1000l. lent by Mr. Medlicott and agree in what proportions he [Medlicott] shall be paid out of it.
My Lord will furnish ready money for jewels [to be furnished to the Jewel Office for royal presents to Ambassadors &c.] but expects Sir Stephen Evance do find [or] furnish them to the full value.
The Agents for Taxes [are called in]. Their papers are read.
Order for the issue of 2765l. to the Earl of Ranelagh in accordance with his memorial of this day: out of loans in the Exchequer. Ibid., p. 203.
eodem die, afternoon. Present: ut supra.
Mr. Newport and Mr. Culliford are called in [for the Customs Commissioners].
My Lord recommends it to them to send letters to all their officers to forbear meddling in any way in elections.
The like to the Excise Commissioners.
Memorandum: On Tuesday morning to speak to Mr. Blathwayte about the report to be made to the [Privy] Council concerning the arms [ordnance] for the Plantations.
The Judges' salaries [are ordered] to be paid for last term.
Order for 300l. a week from June 24 last to be paid for the Privy Purse: and give notice to the person who receives it for the Countess of Marlborough [as Keeper of the Privy Purse].
The Marquess of Carmarthen is called in with his counsel Mr. Browne and Mr. Ettrick: Lord Halifax likewise with his counsel Sir Thomas Powys, Mr. Cowper and Mr. Dod.
Mr. Ettrick desires that the Marquess may be admitted to the office of Auditor of the Receipt upon a patent granted by Charles II and pursuant to a direction to the Lord Treasurer therein.
Mr. Brown says it is in order that the [question of title or] right may come to a just determination and that it can be no prejudice to Lord Halifax.
The letters patent are read dated 1674 31 Dec. of grant of the Office of Writer of the Tallies and Counter Tallies.
Mr. Browne says they have instances of former patents.
Sir Thomas Powys says the office is full and supplied by the Lord [Halifax] that hath been in possession about 4 years: then the office became void and the Treasury Lords then in being according to right and usage granted the office to Lord Halifax. There is no need of an admission: if another be admitted there would be a scuffle between 2 Auditors at the same time acting and the last confusion in the revenues, [viz. as to] which should obey the Lord Treasurer's order [or as to] which of them should direct the Tellers and the like: if they [the Marquess] think they are wronged there is remedy for them in a proper place: the clerkship of the Peace of Middlesex was decided by an action of the case for part of the profits in the King's Bench which was afterwards [on appeal] brought into the Lords' House and there settled: Mr. Coling had a patent to be Yeo[man] of the House of Peers, Sir David Mitchell claimed it; application was made to the House to admit Coling upon his patent; they were left to law and there 'twas decided. The same method will be reasonable in this case: admission into an office is a decision or at least will make a scuffle by putting two into the same office: his Lordship [the Marquess] had the same right 3 years ago and he might have applied at first but he has acquiesced; but now he hath brought a letter from the Exchequer Court to answer a bill he [counsel] hopes my Lord [Treasurer] will not forejudge this matter: besides 'tis hard to ask my Lord Halifax] to deliver up his own right: he is your lordship's chief clerk and it is reasonable your lordship should make the officer and there can be no mischief to leave them to law.
Mr. Cowper says he takes the question at law to be whether the Crown hath the appointment of this officer by means of the Lord Treasurer or by means of the great seal; [the decision in] this will be given at law; but now the only question here is whether my Lord should admit the Marquess only to try his right. We take it to be a settled point of law that any person may try his right, particularly the Marquess, without any such admission [viz.] by his patent only, (1) by indebitatus assumpsit as [e.g. in case] for money received for his use: in the case of Jones and Soames 3 William and Mary in the Exchequer it was resolved that by grant under the great seal the grantee is in possession, that he shall have an indebitatus assumpsit without any admission: (2) by Special Action of the Case, shewing his title and that he is disturbed and shewing his damages 9 Rept. 42 Earl of Shrewsbury's case and 2 Ventris 171 Earl of Montagu against Lord Preston; there the possession was not insisted on: so were the rights tried in the cases mentioned by Sir T. Powys: in the case of Mitchel and Coling neither were admitted: in the case of Pelham the Barons upon hearing admitted him that had a grant from the Treasury against him that had a patent and no admission was afterwards insisted upon: (3) by English Bill in the Exchequer: it is in a way to be determined by my Lord [Treasurer] in his judicial capacity [as Judge in the Exchequer Court]: (4) by an assize: any person paying the minutest fee to the pretender gives him in the eye of the law a seisin upon which an assize of disseisin may be grounded: thus 'twas in the case of the Duchess of Grafton: the question being whether he [who is] appointed by the Treasury or [he who is] by patent has the better right: my Lord Marquess who has the patent desires the other title viz. admission: this is not like admission of a copyhold where the Lord is only the conduit pipe and the right flows from the surrenderer; but here the nude admission gives the title: therefore to ask for an admission is to ask for the right: the people in the Treasury cannot inspect the right but they [both candidates] will be to them officers alike and so there will be confusion: every subject might apply as well to the one as the other: this admission would admit the Marquess to try a right against Lord Halifax by way of forfeiture: that is not pretended now but when he has an admission it will be in his power to make use of it that way; which would be very extraordinary: if he can find out a forfeiture the patent would be laid aside: it would be a question whether such admission would not bind the reversion if Lord Halifax should die: though he comes now [as an] adversary to the authority of the Treasury he might then set up that authority to get the reversion: the patent commands immediately on the death of Sir R[obert] H[oward] to admit him; he came immediately and the Treasury [Lords] determined against him on long precedents since Hy. VI; so the matter received a determination at the proper time. It will be hard for them to find precedents of admission [granted] on letters patents unless the patents were taken as recommendations: no law compels your Lordship to do this; there is no obligation in law on your Lordship; it would be a disseisin of the person now legally seised as of his freehold and the law looks on such an admission as a disseisin.
Mr. Dod [says] the patent itself says Sir Robert Howard was admitted per the Lord Treasurer and not by virtue of the patent: if my Lord [Treasurer] grants the admission it would be the greatest evidence against his own right [of presentation] hereafter: enlarges on the distraction it would make in the Exchequer: on an admission all the officers are sent for to take notice of him and you give him possession; it is an actual disposition of the office: if they have a right they have a remedy and there is no reason for your Lordship to interfere for a person under no disability.
Powys [says] the conclusion of my Lord Marquess's memorial is that your Lordship would admit and invest him: they know a quiet possession of 3 years is so much regarded that one [who is for] 3 years quietly in possession [even] if he were a wrong doer is not to be turned out with force, the statute has provided for his possession.
Ettrick [says] it is not to put my Lord in actual possession but to put him upon a level (by administering an oath to him) to try his right: the Crown has been in possession [of the presentation] for we can produce 5 successive patents: admissions have been made by the Lord Treasurer as the proper [admitting] officer and we apply for it: there may be an indebitatus assumpsit or Special Action of the Case but these do not recover the freehold, only recover damages from time to time: as for an Assize there must [first] be a seisin which we cannot obtain without assistance; but this being an office of revenue it is proper to be settled in a Court of revenue where your Lordship is supreme Judge: we do not come here for you to determine the right: they ought both to be officers when the Court determines the right between them in a judicial capacity: if the admission be virtute litterarum patentium it will explain itself and if that be not a good grant the admission will be void and will not prejudice the authority of the Lord Treasurer: admission to Sir Robert Pye was virtute litterarum patentium: it may be specified to be an admission only to try the right, not to disturb the possession: though there be one way to try a right of the Crown, if there be a better way your Lordship would incline to that: it is usual for a lord of a manor to admit 2 tenants to try a right and he hopes my Lord will grant admission.
Mr. Browne [says] since the right is to be contested we desire to stand on even ground: an admission will give us a better remedy: he agrees to the 4 [legal methods of] remedies but if the nomination be in the Crown and the power of admission in your Lordship what shall we do with our nomination if we have not the admission: we do not desire that the Lord [now actually] in possession should be interrupted but in order to make a complete right an admission will be necessary: if we bring an Action of the Case it will be said you are not admitted by my Lord Treasurer and the same will be said if we should gain such a seisin as has been mentioned, to bring an assize.
Powys [says] they [the other side] don't much differ with us: here [let us say] is an house, they may bring an Ejectment or an Assize for that; let them give some legal colour to their grant: if the Marquess gets an admission he need not go to trial for he has thereby as much possession as he can have of an office, which is an incorporeal thing.
The Lord Treasurer takes notice of what the Marquess's counsel says that an indebitatus assumpsit or Action of the Case will only extend to damages but not recover the office, but why was not application made here 3 years ago ?
Lord Carmarthen says application was made but he did not succeed.
Lord Godolphin says that there have been several Commissions of Treasury since.
Cowper [says] he that brings an Assize for land must make an entry by digging a turf or the like but to say that paying 12d. or the like to gain a seisin is rendering the right precarious is strange: the entering virtute litterarum patentium will not restrain the admission but [will] point out to posterity that the right depends on the patent, which he hopes my Lord will not suffer.
The Lord Treasurer [asks] can this Board admit one man against another man's right and there shall be no remedy for that injustice?
Ettrick [answers] there is a remedy but it will be hard to come at: I do not doubt but a bill in the Exchequer would have compelled the Treasury Lords to admit.
The Lord Treasurer [says] its a difficulty then on me to admit one man in prejudice to another who hath had 3 years possession.
Mr. Brown [answers] your Lordship has a judicial power which the [Treasury Lords or] Commissioners had not.
The Marquess of Carmarthen [says] when I applied formerly the head of that [Treasury] Board [viz. Charles Montague] gave it to his brother for himself; there was sure to be a majority against me: I depend on your Lordship and I could not venture again till one was [in power] here from whom I can hope for justice and right.
The Lord Treasurer [says] if there were such an injustice in that Board it could not be without a remedy. I will desire the advice and assistance of the Attorney General who is here.
They withdraw.
The Attorney General thinks the Marquess ought not to insist upon an admission from my Lord Treasurer, which may conclude my Lord Treasurer's own right but [and also] may make confusion but I don't see (says he) why my Lord Halifax should take any advantage at law for [his opponent's] want of an admission (he remaining in possession) especially since Mr. Cowper allows that an admission is not necessary.
My Lord Treasurer does not think it reasonable for him to interpose by granting an admission in prejudice of an officer that hath been more than 3 years in possession and thereby to create a confusion in the affairs of the Exchequer, especially since counsel on either side have admitted that if there be a right there is a remedy at law. Treasury Minute Book, pp. 203–7.
July 7,
Present: Lord Treasurer; Chancellor of the Exchequer.
Direct the Agents [for Taxes] to forbear any process against Mr. Appreece till the 10th of Oct. next, he being upon the sale of his estate (as appears by Mr. Web's letter) and promising that the money shall be paid in the meantime.
Write to the Agents for Taxes to be here to-morrow morning.
Mr. Hapenny's constitution is to be renewed.
Ordered that half a year due at Xmas 1700 be paid to Lord Edw. Russell for the Treasurer of the Chamber's Office: to be paid out the arrears of Civil List money due before 8 March last.
Write to the Navy Commissioners to be here on Friday morning about the proportions of the money appropriated for this year; and likewise about the Earl of Orford's account. Desire them not to fail.
Direct the Victuallers and Mr. Dodington to be here then.
Order for the issue of 1000l. to the Navy [Treasurer] on the head of Wages: out of loans in the Exchequer: and is to satisfy 2 bills of exchange payable to Mr. Heathcott drawn from Jamaica for the service of Sick and Wounded.
Order for the issue to the Earl of Ranelagh of 94470l. 0s. 10d. out of loans in the Exchequer: to be as in part of 145017l. 9s. 0d. appropriated for moneys paid or agreed to be paid for making good the Treaties with the Crown of Denmark and the interest of any part of the same, which sum of 145017l. 9s. 0d. is by the Votes of the House of Commons of 10 Feb. last to be particularly applied thus viz.
200,000 Rix Dollars in full of all sums stipulated by the Treaty with the King of Denmark dated 3 Dec. 1696 and by the Treaty with that Crown dated 1701 June 15.
75,000 Rix Dollars for the late King's share of 2 quarters' subsidies ending 16 Dec. 1701 pursuant to the said Treaty of 15 June last.
257,870 Rix Dollars for levy money for the Danish Troops received into the late King's pay according to the said Treaty.
87,596 Rix Dollars for the ordinary pay of the said Troops from the respective days of their being taken into the late King's service to 20 Dec. 1701.
17,500 Rix Dollars for payment of 6 months' interest on 700,000 Rix Dollars borrowed by the late King for making good the Treaties entered into with the Kings of Denmark and Sweden.
6,556 Rix Dollars for the transport of the Troops from Gluckstadt to Zwoll and of the sick and baggage from thence to the respective quarters, with the demurrage of the ships and for provisions and other contingent disbursements.
644,522 Rix Dollars at 4s. 6d. each makes 145,017l. 9s. 0d.
Mr. Mariot (Marryot) is called in with Mr. Daniel. They say they can discover some estates that have been long concealed.
Write to the Attorney General that Mariot is directed to attend him with his discoveries. Desire him to examine them and give his opinion: and direct Mr. Shales to attend with the book liber arreragiorum. Ibid., pp. 208–9.
eodem die, afternoon. Present: ut supra.
The Commissioners of Prizes are called in. Their Establishment is settled. Ibid., p. 209.
July 8,
Present: ut supra.
[Order for the issue of] 1500l. for Secret Service.
[Order for] 395l. 2s. 3d. to be paid to Mr. Matthews out of arrears of taxes unappropriated, provided all his accounts be finished.
The Agents [for Taxes are] called in. They will send abstracts of the Land Tax and Capitation to the Receivers General to distribute and will prepare letters to the [Assessment] Commissioners of every County taking notice where neglects have been and desiring their care and diligence; and where the Agents have any particular acquaintance with any Commissoniers they are to write to them to the same effect.
[Write] to Sir Tho. Cudden to be here on Friday morning.
[Order for] 150l. to Mr. Millart for incidents in the Office of the Agents [for Taxes]: to be paid out of arrears of taxes.
[Order for a] sign manual for paying 2000l. to Gaspar Frederick Hening: without account: to discharge a payment which was intended by the late King before his death to have been paid by the said Henning out of the said King's Privy Purse money: and is to be satisfied out of arrears of revenue incurred before March 8 last. Treasury Minute Book XIII, p. 210.
July 8,
afternoon. St. James's.
Present: the Queen; Lord Treasurer; Chancellor of the Exchequer.
The Commissioners of Prizes kiss the Queen's hand.
The Commissioners of Salt Duties the like.
William Blathwayte Esq. [his petition is read] craving allowance of 2963l. 18s. 4d. for items as follows viz. 1000l. for attending the late King abroad anno 1701 as Secretary of State; 163l. 18s. 4d. for extraordinary disbursements in that service; 100l. for so much paid to a correspondent in that year; 1000l. for his salary as Secretary at War payable out of army [deductions or] poundage and 700l. for a further allowance for maintaining his clerks (making up his own salary and allowance [into] 2000l. per an.) Minute hereon: 1263l. 18s. 4d. to be paid but not the first or last articles in his account.
Brigadier Hastings [his petition is read shewing] that he has served the Crown 28 years, was in all the service of Flanders and Ireland and did considerable service in Scotland and being disabled by long service and sickness prays that the pay of a Brigadier may be inserted for him upon some Establishment: recommended by the Lords of the Council as a person worthy of her Majesty's compassion. Minute thereon: There is no room on the Military Establishment but her Majesty will consider of an opportunity to provide for him without burthening the revenue.
Samuel Carr, her Majesty's stationer, [his petition is read] praying to be paid 238l. 10s. 0d. for several parcels of Bibles and other books delivered to the Bishop of London for the use of the Plantations in Maryland and New York pursuant to 2 Orders in Council in that behalf. Minute hereon: If delivered they must be paid for.
The Earl of Oxford [his petition is read] praying the Queen's bounty. Minute hereon: Her Majesty doth not find herself in circumstances this year to increase his allowances by any bounty though she shall always have a consideration of him and his condition.
Isaac Manley [his petition is read shewing] that 600l. was by a privy seal of the late King granted him out of the Post Office revenue by quarterly payments of 50l. but the King died before the last 50l. was paid; therefore praying payment. Minute hereon: The last 50l. to be paid him.
The Queen orders that the 100,000l. out of the Civil List for public services be paid by such proportions as her revenue can best spare it.
John Baber, Comptroller of First Fruits and Tenths, [his petition is read] praying that he may renew his patent for the said Office. Minute hereon: To be renewed.
The Hackney Coachmen [their petition is read] praying payment of the debt due to them in the Stables, amounting to 1054l. 19s. 0d. Minute hereon. To be paid out of the late King's arrears.
Mr. Frampton [his petition is read] praying payment of 150l. for 2 houses sold to the late King in 1701 November. No minute hereon.
Mr. Rymer [his petition is read] praying to renew his patent of Historiographer Royal and to have such encouragement for transcribing and publishing 'Ancient Leagues, Treaties and Public Acts of State' as heretofore hath been made, which was at the rate of 200l. per an. for 4 copying clerks. No minute hereon.
Lord Robert Russell [his petition is read] praying to renew his patent of Clerk of the Pipe. Minute hereon: To be renewed.
The Duchess Dowager of Richmond [her petition is read shewing] that she had a pension of 1000l. per an. granted her by Charles II. out of the Excise in exchange for the Honor of Aubigny in France, that the said pension is paid to Lady day 1701: therefore praying the arrears and growing payments thereof. Minute hereon: Her Majesty cannot pay the arrears but she will keep the arrears from increasing.
William Killegrew [his petition is read] praying the Queen's bounty. Minute hereon: Her Majesty is inclined to do something for him.
Sir Edward Sherburne [his petition is read shewing] that Charles II. granted him for life the place of Clerk of the Ordnance with the patent fee of 2s. a day; that he was suspended from the execution of that place in Dec. 1688 and has no other subsistence: therefore praying in regard of his wants and great age, being 87 years old, that the said fee (upon which there is upwards of 700l. due to him) may be paid or some other charitable allowance to relieve him from starving. Minute hereon: Her Majesty will give him something as the King did.
Sir Stephen Fox [his petition is read shewing] that he has the custody of the Duckoy pond in New Forest by warrant from Charles II with a fee of one doe and one buck and being possessed of a purlieu adjoining to the said forest where the Queen's deer come, which he hath power to kill, but is desirous to preserve the deer, therefore prays to renew his patent with an additional allowance of 2 bucks and 2 does each season for preserving the deer coming into the said purlieu. Minute hereon: Granted but not to pass till the Duke of Bolton's warrant [for his patent as Bailiff of Burley in New Forest be] passed.
George London [his petition is read] in behalf of the several Master Gardeners and servants belonging to the Queen's Gardens at Hampton Court, Kensington &c. shewing that having received the Queen's directions for managing the said Gardens as last year he therefore prays 50l. a week for carrying on that work, together with payment of the arrears. Minute hereon: The Queen intends to restrain the expense of the Gardens. Send for Mr. Wise to know what is due and what expense will be necessary for the future in the Gardens.
Lewis Williams [his petition is read] praying to renew his privy seal granted by the late King for paying him 200l. and interest out of the estate of the late Lord Griffin, being owing to him from the said Griffin upon bond, he having as yet received little more than what he hath expended in passing the said privy seal. Minute hereon: His privy seal to be renewed.
Col. John Meautys [his petition is read] praying the arrears of his pension of 2s. a day payable in the Earl of Ranelagh's Office which was granted him by Charles II. Minute hereon: not granted.
Countess of Dorchester [her petition is read] praying payment of the arrears due to her on 1600l. per an. bounty promised her by the late King and Queen for the maintenance of her daughter the Lady Anglesey, before her marriage, being as she alleges upwards of 6600l. [in arrear]; and that the arrears of the quit rents contained in her grant of 3500l. per an. in Ireland [from James II] may be collected and paid to her assignees and she allowed for such of them as are desperate according to her grant in that behalf. Minute hereon: Her Majesty is not in circumstances to take consideration of arrears of this kind.
Doctor Woodruff, governor and tutor to the Greek youths residing in Oxford [his petition is read] praying payment of 1105l. expended by him in that service or that the same may be accepted for a like debt which the said Doctor owes for the Duty on rock salt. Minute hereon: my Lord Treasurer will speak with the bishop of London.
Lady Elizabeth Dryden [her petition is read] praying payment of the arrears due to her husband John Dryden deceased as Poet Laureat and Historiographer to Charles II and James II, being 150l. Minute hereon: Pay her 50l. at a time till the 150l. is paid.
Josiah Burchett Esq., Secretary to His Royal Highness the Lord Admiral of England [his petition is read] praying in consideration of his long services in so laborious an employment, to be reimbursed the taxes he has paid for his salary between 1695 and 1705, amounting to 517l. 10s. 0d. as also the taxes paid by his clerks for their salaries, which salaries are very small; the like favour having been granted by the late King to the Navy Commissioners and their clerks. Minute hereon: Granted.
John Whittell, clerk, [his petition is read shewing] that in consideration of his services to the late King he had a pension of 10s. a week paid at the Exchequer to Feb. 11 last: therefore praying that same may be continued to him during pleasure. Minute hereon: His 10s. a week to be continued.
The report from the Surveyor General [of Crown Lands is read] showing that the rents and revenues belonging to the Hospital of the Savoy amount to 444l. 15s. 0d. per an. and that out of same there is payable 251l. 5s. 0d. per an. to 4 chaplains and 4 sisters for their salaries, which leaves 193l. 10s. 0d. per an. clear to the Master, besides the benefit of all fines, of which no account is yet found but he believes they are considerable. No minute hereon.
The proposal from the said Surveyor General [is read] that the following particulars at Windsor which are vested in him to be disposed of for her Majesty's use by an Act of last Session [1 Anne c. 27] may be directed to be sold: to wit
per an.
2 small tenements in Pound Street 3
3 acres of Lammas ground in Datchet Mead left out of the Park 1 10 0
several little parcels of land left out of the [Windsor Park] Avenue containing about 6 acres 7
Minute hereon: To be sold and the money paid into the Exchequer.
Capt. Delaval his request for 671l. 3s. 10d. (for his services and charges in carrying home the Morocco Agents and bringing back several [redeemed English] slaves) lately received the Queen's answer that the said demand should be moderated; it is now proposed [by him] that he be allowed 500l. in full of all pretensions on that account. Minute hereon: 500l. to be allowed instead of 671l. 3s. 10d.
The Provost and Fellows of Eton College [their petition is read] praying that a fine of 300l. set by the Surveyor General of Crown Lands for adding 26 years to their present lease of the 'Christopher' Inn may be remitted in consideration of their having expended 5000l. in repairing their chapel, college &c. and [in consideration] "of 526l. 16s. 0d. due to them for a composition for Gascoigne wine by a grant from Henry VI." Minute hereon: Granted [that the new lease pass] without fine.
The Countess Dowager of Marlborough by a long memorial sets forth her great necessities and most humbly prays the Queen's bounty for her present relief. Minute hereon: The Queen can grant no new pension.
Dame Margaret Lunsford, relict of Sir Herbert Lunsford (who was made a Knight Banneret by Charles I at Edgehill fight, afterwards Lieut. Governor of Jersey by Charles II) [her petition is read showing] that James II in consideration of her said husband's merits gave her a pension out of his Privy Purse; that King William allowed her a small subsistence of 40l. per an. payable by Mr. Nicholas which is 2½ years in arrear and she near 80 years old: therefore prays payment of the arrear and the continuance of the like yearly bounty for her support. Minute hereon: Her pension is to be continued.
Lieut. Col. Norton [his petition is read shewing] that he was Surveyor of the Mews from 1664 to 1688 at which time his said place was given to Mr. Negus; that there is 2786l. 16s. 3d. principal money due to him for repairs of the said Mews: therefore prays to be restored to the said place or to have such other compensation as the Queen shall think reasonable. Minute hereon: Her Majesty doth not think [fit] to remove Mr. Negus but will provide something for the petitioner on the Establishment of the Stables.
Lewis La Guerre [his petition is read showing that] by agreement with the late King as was certified by the Earl of Ranelagh on 14 July 1701 [he] was to have 360l. for 9 pictures of Andrew Montague [Andrea Mantegna] whereof 100l. was that day directed and there is yet due 260l. Minute hereon: Refer to the Earl of Ranelagh.
Lord Mordington [his petition is read] alleging that his grandfather sold all his estate for the service of Charles I and II and that his father by reason thereof, had nothing left him to support the honour [of his title]; that [petitioner] himself with a brother and sister are left destitute: therefore praying such a sum of money for their present maintenance as the Queen shall think fit. Minute hereon: Respited till her Majesty determines on Mr. Nicholas's list.
Judith Sturton [her petition is read showing] that the late King allowed her 30l. per an. as a bounty towards the education of her son in the Protestant religion; therefore prays the continuance thereof and that some addition may be made thereto. Minute hereon: Her pension to be continued without an addition.
The Yeomen of the Guard [their petition is read showing] that they are much in arrear of their travelling charges which according to a report made by Mr. Vanbrugh in Sept. last amounted to 2556l. 13s. 0d.; therefore praying that some good regard may be had to their necessities and that they may be now either established for riding charges or restored from 30l. per an. to their old salaries of 39l. 11s. 3d. per an. each. Minute hereon: Her Majesty will restore them to their old salaries and allow no riding charges.
The Earl of Sussex [his petition is read showing] that Charles II promised him 20,000l. in marriage with his lady and settled 2000l. a year on Sir Stephen Fox in trust for their support and maintenance until the said portion should be paid: that the said 20000l. is unsatisfied and the 2000l. a year greatly in arrear: therefore prays payment of the said pension or such yearly interest for the same (until it be satisfied) as the Queen shall think fit. Minute hereon: Her Majesty can take no consideration of arrears but is pleased to continue the 1200l. [sic] a year for the future.
Lady Frechvile [her petition is read showing] that Charles II granted to Lord Frechvile the manor of Eckington at 152l. 13s. 2d. per an. rent and at the same time a pension of 152l. per an. at the Exchequer to enable him to pay the said rent to her Majesty, the now Queen Dowager; that the said pension is in arrear 1938l.: therefore prays payment thereof in regard the said rent is duly answered by petitioner to the Queen Dowager. Minute hereon: When any occasion is offered to gratify her request without taking from the revenues or when it can be done with less inconvenience my Lord [Treasurer] is to consider her pretension.
Dame Ann Silvius [her petition is read showing] that 2400l. remained due to her late husband Sir Gabriel Silvius at his death as Envoy in Denmark and other places; that for want of the said money Sir Gabriel contracted several debts, for the payment whereof she joined with him in disposing of her own real estate: therefore prays payment of the said sum or such other satisfaction as the Queen shall think fit. Minute hereon: For the present her Majesty cannot take consideration of such arrears.
Colonel Montargyer [his petition is read showing] that there remained due to his brother Col. La Motte, who was killed at Camaret Bay, about 500l. on his allowance of 1000l. per an. as Engineer General by warrant from the late King; that the said warrant not being countersigned by the late Treasury Lords the Commissioners of Accounts [the Commissioners for Army Debts] refused to certify for payment thereof: therefore pays a direction from the Queen to the Lord Treasurer to countersign it so that petitioner may be enabled to satisfy his brother's debts. No minute hereon.
The Earl of Rochford [his petition is read showing] that the late King in Feb. 1698 granted him 1100l. per an. [payable] in the Cofferer's Office; therefore prays the continuance of it in the said Office or in any other Office. Minute hereon: There seems to be no room for this.
Lieut. Col. Rouse [his petition is read shewing] that he is eldest Lieutenant Colonel; that the late King in lieu of his post in the Guards made him Governor of Upnor Castle and gave him a Company which was disbanded soon after the [Ryswick] Peace; that he hath ever since without any pay attended the duty of the said Governorship: that there was due for clothing the said Company above 300l. which he was sued for and forced to pay though still owing by the Crown: therefore prays such an established pay of Governor as the Governors of Sheerness and Tilbury [Forts] have. Minute hereon: when there is an opportunity he is to be employed.
The officers of the Works [their petition is read] praying a weekly sum for carrying on the works at St. James's which by their estimate will amount to 3775l. 16s. 6d. Minute hereon: Her Majesty has put a stop to the works she intended.
The Earl of Ranelagh [his petition is read. Ordered hereon that he is] to be paid 200l. for the time he has served as Superintendent [of all his late Majesty's Works].
Lord Lucas [his petition is read. Ordered hereon that he is] to be paid the first part, viz. for fire and candle [for the Garrison of the Tower], by the Earl of Ranelagh. Ibid., pp. 211–214.
July 10,
forenoon. Cockpit, Treasury Chambers.
Present: Lord Treasurer, Chancellor of the Exchequer.
Order for 3000l. to be issued to Mr. Johnson for the Stables out of Civil List money grown due since March 8 last.
Sir Stephen Evance and partners are called in. They will attend my Lord again on Tuesday morning concerning a clandestine trade.
[The Gentlemen of the] Bank are called in. Mr. Tilson [is ordered] to state the deficiency [due to the Bank]; which is to be paid as desired.
The Commissioners of the Navy, Ordnance and Victualling and Mr. Dodington come in about settling their proportions of the 4l. a man a month.
Ordered that 20,000l. is to be issued to the Navy Treasurer for the Victualling: out of loans [in the Exchequer]: and is intended for bills of exchange, Short Allowance Money, Necessary Money to pursers and other Contingencies.
The Agents of the Victualling in the outports under the late Commission of the Victualling not having cleared their imprests because only 2 of the late Commissioners signed their perfect bills, my Lord Treasurer is satisfied that this ought not to hinder the passing my Lord Orford's account [as late Treasurer of the Navy] but those Agents ought to be set in super thereon.
Write to Mr. Sturt to be here this day 3 weeks to give satisfaction for passing his late Victualling account; otherwise my Lord must be obliged to issue process against him.
My Lord Treasurer admonishes Mr. Papillon to proceed through those parts of his account concerning which there is no exception; the other are reserved to my Lord's determination. The Navy Commissioners will represent particularly on the dubious articles. Stay the process against Mr. Papillon for 3 weeks.
Write to the Auditors [of Imprests] to dispatch my Lord Orford's accounts which are before them, so that they may be speedily declared.
Pay 856l. 12s. 1½d. to the Farmers of the Post Fines out of arrears [of Civil List money due] before 8 March last.
As the Treasurer of the Navy has tallies for 78000l. in his hands on the latter part of the 3700l. a week, which my Lord Treasurer is informed may be disposed of without any loss of principal or interest, his Lordship is pleased [to order] that the Navy Treasurer do dispose them or as many of them as he can upon those terms and that he charge himself with the interest. Signify this to the Navy Board.
Ordered that the 4l. per man per month be distributed as follows viz.: 1l. 10s. 0d. to the head of Wages; 1l. 7s. 0d. to the head of Wear and Tear; 19s. to the head of Victualling and 4s. to the head of Ordnance.
"Ordered that the 21102l. 14s. 2¼d. for Sick and Wounded be placed proportionately to the several heads" [of Wages and Victualling]. Ibid., pp. 215–6.
July 14,
Present: Lord Treasurer.
[The draft of a royal] letter for repaying to Mr. Burchet and his clerks the taxes [on their salaries] is read and approved.
[Ordered that] Mr. Crompton pay the same fees for his security as formerly.
"Direct the Paymaster of Lottery Tickets to pay the officers without defalcations."
[Write] to the Customs Commissioners to be here this day week about the composition money for [fines for frauds in the matter of] the St. Sebastian wines and other affairs.
The following are all sworn in according to the Act 9 Wm. III, c. 3 viz.:
Samuel Edwards as first Clerk to Francis Godolphin Esq. a Teller of the Exchequer.
John Granger as first clerk to John, Lord Fitz Hardinge, a same.
Lionel Herne as first clerk to James Vernon, Esq., a same.
Lancelot Burton as first clerk to Sir Christopher Musgrave, a same.
Prepare a warrant to issue process against Mr. Young.
Sir Stephen Evance and partners are called in. They present papers concerning clandestine trade and concerning Bank money at Amsterdam, which my Lord Treasurer will carry up to [the Privy] Council forthwith.
Shut the [Treasury Chamber] doors in the afternoon [during the reading of petitions &c.].
Half a year to be paid on the ordinary [allowances] of the Foreign Ministers.
See what King's waiters at Bristol have not renewed their patents.
Write to the Commissioners of Sick and Wounded and for the Exchange of Prisoners to keep their account for the charge of prisoners distinct from that for the Sick and Wounded.
Order for 3000l. to be issued to the Navy Treasurer: out of loans [in the Exchequer]: to be paid over to the Treasurer for Sick and Wounded and to be placed as formerly viz. three fifths [on the head of Wages] and two fifths [on the head of Victualling].
Prepare a sign manual for — Byerley to be Collector at New York loco — Weaver.
Petitions are read [and my Lord Treasurer's answers are endorsed thereon]. Treasury Minute Book XIII, p. 217.
July 15,
Present: Lord Treasurer.
[The draft] letter for works done at Lord Albemarle's lodgings is approved.
Petitions are read [and my Lord Treasurer's answers are endorsed thereon].
Order for the issue of 1403l. 7s. 6d. to the Earl of Ranelagh in part of 700,000l. for the 40,000 men: out of loans [in the Exchequer]: to be paid over to Samuel Atkinson and Nicho. Roop. on account for transporting horses to Holland; which makes 12403l. 7s. 6d. [so far issued] for that service.
Order for the issue of 1266l. 6s. 6d. to the Treasurer of the Navy: out of the like loans: to be paid over to the abovesaid Atkinson and Roop in a gross sum upon account of the charge of 10,000 men for sea service viz. as follows:
£ s. d.
for 6 weeks' freight in advance for 2 ships hired at Portsmouth by order of the Duke of Ormonde 361 14 6
for 572 beds with pillows and rugs at 11s. [which were] bought there 314 12 0
for 1000 beds with pillows and rugs and 1050 hammocks 590
£1266 6 6
Ibid., p. 218.
July 17,
Present: Lord Treasurer.
[Write to] Sir Christopher Wren to be here on Tuesday morning.
Mr. Young to be here then.
Uriah Ironmonger to be messenger to the Hackney Coaches [Office] and his wife's allowance on Mr. Nicholas's list is to cease.
Carry to [the Queen at] Hampton Court on Thursday next a copy of the last privy seals for Hampton Court and Windsor.
Desire the Attorney General to call here on Tuesday morning.
Ibid., p. 219.
July 21,
Present: Lord Treasurer.
Mr. Cole, Consul of Algiers is to be paid a year on his ordinary.
[Write] to the Commissioners of Wine Licences to be here to-morrow morning.
Renew the Commission for the Hackney Coaches inserting Mr. Magny in the room of Mr. Strickland.
[Write] to the Agents [for Taxes] to be here to-morrow morning.
[Write] to the Auditors of the [Crown Lands] Revenue to be here to-morrow morning. Ibid., p. 220.
eodem die, afternoon. Present: Treasurer Lord Godolphin.
The Earl of Ranelagh is called in. Order for the issue to him of 8206l. 13s. 6d. as follows out of loans in the Exchequer, and in accordance with his memorial of this day:
£ s. d.
for 4 weeks' subsistence to the Troops and Regiments in England from the 16th inst. to Aug. 12 next: to be as in part of 264874l. 10s. 0d. 7519 4 4
for 2 weeks' subsistence to Seymour's Regiment of Foot from June 25 last: to be as in part of 87125l. 10s. 0d. 368 19 2
for Lord Lucas for fire and candle at the Tower from 1700 Dec. 25 to 1702 June 24: to be as in part of 264874l. 10s. 0d. 190 10 0
for 38 men detached from Holt's Regiment and 26 men from Gibson's Regiment to go aboard the Fleet: to be as in part of 87125l. 10s. 0d. 128
£8206 13 6
Order for the issue of 68l. 15s. 3¾d. to the said Earl upon Sir William Robinson's memorial of yesterday: out of loans in the Exchequer: to be as in further part of 87125l. 10s. 0d. for the 10,000 men: and to be paid over by the said Earl to Lord Coningsby to complete 6 weeks' subsistence advanced to the 5 Regiments brought from Ireland to go on board the Fleet.
Write to Mr. Blathwayte to prepare a warrant for this sum and for a further 3534l. 17s. 9¾d. (making together 3603l. 13s. 1½d.) to be paid over to Lord Coningsby for the said service provided the Earl of Ranelagh do send a certificate thereof to the Auditor General of Ireland so that the said Auditor may take care to charge Lord Coningsby therewith "but abate the Exch[equer] of the [abovesaid sum of] 68l. 15s. 3¾d. [as on p. 63].
The Customs Commissioners are called in, My Lord Treasurer cautions them to take the best care they can to prevent the fall of the revenue [under their management].
Memorandum: to desire my Lord Chief Baron to be here (when he comes to town) with the Customs Commissioners. Treasury Minute Book XIII, p. 220.
July 22,
Present: Lord Treasurer.
Write to the Navy Commissioners to attend [here] next Wednesday morning concerning the payment of the arrear for Sick and Wounded. Write to the late and present Commissioners of Sick and Wounded and Mr. Povey to be here then.
The [Principal] Officers of the Works are called in.
My Lord orders the issue of 2310l. 12s. 4d. to the Works out of Civil List money arisen since March 8 last: to be to complete 4810l. 12s. 4d. [for services] as follows viz.
£ s. d.
for the charge of the late King's funeral in the Office of the Works 108 18
for the charge of the Queen's Coronation in that Office 4701 13
£4810 12 4
Order Mr. Borret and Mr. Baker not to put the Queen to any charge in [Crown law] prosecutions without first acquainting my Lord Treasurer therewith and taking his direction.
Mr. Young and Mr. Moody and the Wine Licences Commissioners [are called in]. Mr. Moody will proceed in the accounts.
Pay all that is due to the Poor Knights of Windsor.
Write to the Agents [for Taxes] and Mr. Shales to be here this day week about the Receivers of the Taxes [who are] in arrear.
Mr. Cremer [is called in.]
[Write] to the Attorney General and the Surveyor General [of Crown Lands] to be here this day week about Mrs. Owen's proposition concerning arrears. Ibid., p. 221.
July 28,
Present: Lord Treasurer, Chancellor of the Exchequer.
Mr. Henry Wise, the [Queen's] Gardener, is called in. In pursuance of the Queen's pleasure my Lord Treasurer agrees with him on the Queen's behalf that he shall receive 1600l. a year from 1st August 1702 by equal quarterly payments out of the Office of the Works for keeping all her Majesty's gardens and plantations at Hampton Court, the great plantation on the north side of the Castle at Windsor, the garden at the Lodge in the Great Park there, and all the gardens and plantations of her Majesty at Kensington (except the Kitchen Garden and the slip of ground that goes round the meadow there) and to find all things for keeping up the said plantations and gardens according to the following scheme thereof; which he here signs in autograph:
A scheme of her Majesty's several gardens and plantations as now kept up and as each Division do require to be upheld and is undertaken to be kept by Henry Wise 1st August 1702.
Hampton Court: the Great Fountain Garden to the north east front of the House and the 2 ends north and south.
Wilderness and new Grove.
Privy Garden to the south front.
Glass Case, Garden and Pheasant Yard.
Quadrangle and Princess Court.
Kitchen Garden and Fruit Garden in six divisions.
Melon Garden.
the Great Terras with its divisions.
the Bowling Green with its walks.
Lower Wilderness and Plantation.
House Park.
Bushy Park.
the Long Terras to the north.
Bowling Green.
Garden of Dwarfes.
Long Walk at the Head with the several divisions down to the Canal.
the old Ground as now made and when finished to be kept in order.
the division of Houses and Greens.
the Kitchen Garden and Long Slip round by the wall to be excepted and is not in the works to be performed; and not any kitchen garden crops raised in these Divisions of Gardening, they being that part which was laid down by the late King, only the old gardener had his allowance of 40l. a year salary which is not here taken notice of.
The Great new Plantation at Windsor to be cultivated and managed as follows:
the Border next the wall where the fruit trees are planted to the wall, and also the other border where the dwarf fruit trees are planted at about 25 foot distance from the wall are to be kept clean from weeds and cultivated with dung as often as 'tis necessary for the benefit of the several fruit trees.
to clip once in a summer all the spruce firs that are planted and growing between the several forest trees as the elm, lime and horse chestnut, also to keep clean from all great weeds that may annoy or hurt the stool as the top of the roots of all the aforesaid forest trees and spruce firs: also the line of Quick that is planted at a distance from the wall and pale round the greatest part of the said plantation to be kept clean for 2 years from weeds; afterwards to be clipped once every summer: all which work to be well performed as the season of the year will admit and as each Division shall require.
Windsor: the House in the Great Park.
the several gardens as now made and as now kept up at this time, to be looked after in all those works as before mentioned, finding and providing the several working tools and materials as is now expressed for the several other Gardens, dung only excepted, being always made at the stable to the House; for it is impossible to have dung for the Gardens any other ways than from what is made at the stable.
Newmarket: the several little Gardens as now made and planted to be upheld and kept in good order. An account of the several tools and materials that are to be provided by the undertaker [long list thereof viz, spades, rakes &c.].
Also at his own cost and charges to make good the several plantations of fruit trees, forest trees, flowering shrubs and hardy evergreens that shall at any time happen to die, by planting others in their places: but all potted and tubbed plants usually kept in the green house, glass cases or stoves, to be excepted; as also the large limes in both the Parks.
Also to find horses to roll the several gardens and to provide all sorts of dung and earth for the Household plants and dung for the several Gardens.
For all which works &c., &c. as aforesaid 1600l. per an. is to be paid to the said Henry Wise at four quarterly payments commencing from the date aforesaid: to be paid out of the Office of the Works: and to pay the same fees as the said Office pays to the Exchequer.
Memorandum: this agreement has no relation to the altering or new-making any part of the Gardens but to keep up what is already made.
To be performed at her Majesty's charge by the Office of Works as is now, viz. the repair of all the several houses, glass cases and frames; all flower sticks painted and plain; all tubbs and pots for the orange trees &c.; all carpenter's, bricklayer's, plumber's, mason's, smith's and glazier's work.
Also all the fruit and herbs that the Gardens do produce that her Majesty shall think fit to be carried from Hampton Court to Windsor or from Kensington to Windsor, to be carried at her Majesty's charge.
The undertaker to have for the use of himself and his servants the several garden houses, sheds or places of use as now used by the gardeners.
Mr. Newton is called in concerning a direction from the Earl Marshal for the form of the money [the Queen's image on the coinage].
My Lord Treasurer directs him to attend the Attorney General for his opinion. Treasury Minute Book XIII, pp. 222–5.
July 28.
Present: Lord Treasurer; Chancellor of the Exchequer.
[Order for] 100l. to be paid to Lord Hunsdon out of secret service money.
[Write] to Mr. Whitfield to be here tomorrow morning.
[Write] to the Auditors of Imprests and Mr. Dodington to be here next Tuesday morning about the Navy accounts. Ibid., pp. 225, 226.
July 29,
Present: ut supra.
Write to the Commissioners of Customs, of Excise and of Salt Duties to be here on Tuesday afternoon.
The Agents for Taxes and their clerks are to be paid out of unappropriated arrears of taxes.
The Agents for Taxes are called in. My Lord Treasurer directs them that as [and when] they have any accounts from the country concerning the Capitation Tax [1 Anne, c. 6] they lay them before him.
The Attorney General, Surveyor General of Crown Lands and Mr. Creamer are called in. Mr. Cremer says Mrs. Owen shall quit her pretension to Lindsay Level. He offers a certificate of rents reserved on grants by Charles I of fen lands, all belonging to the Duchy [of Cornwall] except 200l. per an. part of the rent reserved on Sutton Marsh granted to the D[uke of] Lennox 15 Car.
The Surveyor General is to enquire whether Sutton Marsh be enjoyed in severalty under that grant.
The Navy Commissioners and late Commissioners of Sick and Wounded [are called in].
Ordered that 6083l. 14s. 10½d. be issued to the Treasurer of the Navy out of Civil List money grown due since March 8 last: to be as in further part of her Majesty's donation of 100,000l. [towards the war]: and is to be paid over to Mr. Povey in part of the arrear incurred for Sick and Wounded in the last war and to be applied by Mr. Povey as follows viz.
[for sick and wounded quarters &c.] at £ s. d.
Portsmouth, Gosport and districts 3433 11 9
Plymouth and district 443 5
Falmouth 43 16 0
Dartmouth 724 7 8
Weymouth 49 13 2
Bideford 4 14 0
Pembroke 15 3 5
Bristol 41 13 4
Taunton 10 0 0
Shoreham 6 7 4
Ipswich 13 6 8
Harwich 95 16 8
Yarmouth 56 11 2
Hull 13 6 8
Newcastle 116 13 4
Liverpool 26 13 4
Guernsey, Jersey and Scilly 768 17 3
Ireland 219 17 8
£6083 14 10½
In applying the above money the rules given by the Treasury Lords of 2 and 25 Oct. 1700 and 24 Jan. 1700–1 are to be observed.
Order for the issue of 7432l. 12s. 8d. to the Navy Treasurer in further part of the Queen's donation of 100,000l.: to be out of Civil List money grown due since 8th March last: and to be applied to the discharging the quarters and cure of the Sick and Wounded Seamen from Michaelmas 1701 to the end of June 1702: three fifths thereof to be placed to the head of Wages and two fifths to the head of Victualling.
My Lord Treasurer admonishes the present Commissioners of Sick and Wounded to see their account be kept regularly and passed annually.
Order for the issue of 1500l. to the Navy Treasurer: out of public loans in the Exchequer: and to be paid over to Walter Whitfield, Treasurer of the Marine Regiments, upon account of subsistence for the Regiments of Holt, Mordant, Sanderson and 7 Companies of Villers: and to be placed to account of the charge of the 10,000 men for sea service. Treasury Minute Book XIII, pp. 227–8.
July 29.
Present: Lord Treasurer; Chancellor of the Exchequer.
Petitions are read: the answers [are endorsed] upon them. Ibid., p. 228.