Appendix: The 1715 Commission for Army Debts

The 1715 Commission for Army Debts

INTRODUCTORY NOTE

The difficult subject of Army Debt has been dealt with at various points in thisCalendar. The operation of the Disbandment after the Treaty of Rijswick is outlined in the Introduction to Vol. IX, pp. cclxxviiiseq., and in the Introduction to Vols. XI–XVII, pp. ccixseq. In the main it is possible now to say that the House of Commons provided Supply for the Disbandment so far as concerned the ordinary soldier by the second 3s. Aid and the third 3s. Aid of the years 1697 and 1698. But after the arrears of the private soldier had been provided for there remained the debts due to the General or Staff Officers, Regimental Officers, Artillery Officers, Officers and Gunners of the Garrisons and Regimental Army clothiers. The complication of these debts was increased by the system which made the Colonel of the Regiment responsible for the clothing contract. He could only meet the liability by assigning to the clothier the deductions from the soldiers' pay for a twelvemonth ahead and if the Regiment was disbanded before expiry of the twelvemonth, then the clothier looked to the Colonel to be recouped. In this case an obligation which was essentially national fell on the shoulders of an individual, and he could only save himself by petitioning the King or the Treasury for relief. Furthermore, the system of recruiting easily could, and often did, impose a personal liability on the Captain of a Company. Respits and non-effective money were generally supposed to be available as a fund for recruiting and as equivalent to the Levy Money which was granted for the raising of Companies. But the system did not work automatically. The Captain had to petition for the removal of the respits and the process involved endless delay and in the meantime the Captain was out of pocket for all his recruiting expenses.

Whilst therefore the pay of the private soldier was paid (and perforce had to be paid) instanter on his disbandment, the arrears of the Officers might remain for years unstated and unpaid. The Officer might die, many of them did die, before the accounts of the Regiments were adjusted and cleared and the balance of arrears due to themselves finally paid. The cruelty of such a system was still further increased when the Colonel of the Regiment happened to be a scoundrel. The Paymaster General of the Forces paid out the moneys which he received from the Exchequer for each or any Regiment to the Colonel of it or to the Colonel's agent if he had one. The Colonel thus became an imprest accountant under the Paymaster General, and he might easily be a delinquent for years before he was found out. He would make a point of paying subsistence money, otherwise there would have been a mutiny. But he could keep his hands on the deductions and delay the clearing of the Regiment almost indefinitely. One particularly vicious instance of this type of scoundrelly Colonel was referred to in the Introduction to Vol. XIX of thisCalendar (p. lxiii), viz. that of Robert Byerley. For three years, from 30 Dec. 1689 to 31 Jan. 1692–3, Byerley had been Colonelof a Regiment of Horse (the Carabineers, later known as the Sixth Dragoon Guards). When he handed over the Regiment to Col. Hugh Wyndham in Jan. 1692–3 Byerley was in debt to it over £5,000. The Paymaster General, the Earl of Ranelagh, had issued to him as imprests for the Regiment a sum of 28,277l. 2s. 9½d., and of that sum Byerley could only account for 22,641l. 10s. 11¼d. as paid out by him. The balance due from him to the captains or to the clothiers or to Clearings was 5,585l. 11s. 9¾d. Ten years later, in the year 1703, this sum was still unpaid.

What made this particular instance more vicious was that Byerley was a tool and an associate of Robert Harley, and the mere political influence of Harley was so powerful in the House of Commons that Byerley was voted as a member of the Commission for Army Debts in Jan. 1702–3, and again in March 1703–4, in both cases by quite a large majority vote. It was not until two of the Officers or soldiers of his old Regiment petitioned the House of Lords and showed up his proceedings and his true character that the matter of his debt to the Regiment became known. In the meantime Byerley had acted for more than a twelvemonth on the Commission and as a member of it had been making unfounded and bitterly venomous charges against the Paymaster General—charges which were intended merely to divert attention from his own delinquency.

For very shame the House of Commons had to drop him as a member of the renewed Commission, but the disgrace did not affect his association with Robert Harley. The significant point about this illustration is its bearing not on abstract morality but on concrete financial methods. The House of Commons voted Supply in all good faith for an Army Establishment of so many and such and such Regiments. In strict accordance with the Vote the Treasury Lords as and when it was convenient issued the money to the Paymaster General and in equal good faith the Paymaster General paid the money to the Colonel or the Regimental Agent of each and every Regiment as an imprest—and then anything might happen. Under any conditions that particular year's imprest would not be cleared until the muster rolls had been sent in, until all deductions had been made and accounted for and until the clothing contract had been met and settled and until all respits and stoppages had been finally allowed or removed. When the cycle of these operations was complete there would be left a net balance of clearings due to the Regiment, men and Officers according to their share, and when that balance of clearings had been paid out the Colonel could clear his own imprest with the Paymaster General and in turn the Paymaster General could submit that particular year's account to the Auditors of Imprests. In other words, in spite of the utmost financial rectitude on the part of the House of Commons, and of the Treasury and of the Paymaster General, it was impossible to avoid the necessity of these ever recurring Commissions for Army Debts simply because the Army accountancy system admitted of so much slack rope, and financial slack rope meant financial suffering to Officers and men alike.

The application of the above general statement to the sequence of events under William III. and Queen Anne is illuminating. The episode of the Disbandment after the Treaty of Rijswick might be considered as on the whole fairly liquidated—the soldiers by means of Parliamentary Supply and the Officers by means of Debentures on forfeited Irish lands. Bnt there were exceptions. The arrears of the Enniskillin Regiments and of the Londonderry Regimentswere not paid and to these was added at the time of William's death a long list of pensions, individual half-pay claims and other Equitable Claims arising out of Army services. The list of these arrears, regimental as well as individual, is printed in full in the Appendix to Vol. XVII of thisCalendar, pp. 1078–1204. They amounted to a total of 372,452l. 4s. 93/8d. One and all they remained unpaid in 1710, and they remain unpaid to-day.

The political rancour which was aroused by the party struggles at the close of William's reign sufficiently account for the neglect of these claims in 1702, but that the subject should have been shelved during the years 1702–1710 and then dropped completely was due entirely to the persistent vilification of William's memory by a faction in the House of Commons.

When the subject of Army Debts was again brought to the notice of Parliament the situation had changed so far as the chief actors were concerned. Harley was in power as Lord Treasurer and his animus was no longer directed against Wm. III., but against Marlborough. An Act, 10 Anne, c. 38, for appointing Commissioners for Army Debts was rushed through (the debts due to the Army, Transport Service and Sick and Wounded) in eight days at the very close of the Session of June, 1711. The Commissioners were all tools of Harley and the preamble of the Act was in his best style of poisonous innuendo. But Marlborough was too big a figure to be touched and beyond engineering a vote in the House of Commons condemning him for taking from the Allied Princes a percentage deduction as a contribution to the military Intelligence service Harley discreetly left him alone. The Army Debts Commission made an interim Report dated 4 March 1712–13 in which they briefly recounted the difficulties in the way of clearing the Regimental accounts and there they left the subject, contenting themselves with setting out the reasons why the Paymaster General, James Brydges, could not close and attest the accounts pursuant to the Commissioners' precepts; the reason being in every case the absence of muster rolls or of Establishments or of disbandment date. This answer applies to the Regiments in the following order: viz. Brigadier Lepell; Lieut. Gen. Stanhope; Col. Bouchetiere; Earl of Galway's Spanish Foot; Gorge; Strafford's Dragoons; Nassau, late Edward Stanhope; Magny's Foot; Col. Clayton; Brigadier Munden; Brigadier Gore; Mountjoy; Windsor, late Mordaunt; Hill; Sir Robert Rich; Brigadier Dalzel; Brigadier Stanwix; William Stanhope, late Richards; Lord Stanes; Col. Jones; Col. Tyrrel; Col. Feilding; Sir Daniel Carroll; Marquis D'Assa; Brigadier Withers; Col. Deborde's Dragoons; Col. Gwaly's Dragoons; Col. Foissac's Dragoons; Col. Magny's Dragoons; Col. Sailand's Dragoons; Franks; Brigadier Vesey; Portmore; Farrington; Blossett: French Dragoons called Guiscard's; Hotham; Harrison; Stewart; Harvey; Pepper; Newton; Sankey; Wightman; Barrymore; Elliot; Fuziliers; Whetham; Phillips; Molesworth; Johnson, late Brudenal; Wade; Bowles; Leigh; Butler; Dubourgay; Lord Mark Kerr; Dormer; Creighton; Windress; Pearce's Dragoons; Pearce's Foot; Montandre; Haye, now Desney. In the case of 12 of the above Regiments, taken prisoners at Almanza, the muster rolls were duplicated, one for the prisoners in Spain returned as complete, the other for the new raised substitute; with further complications of duplicated Officers and levy money and Catalan recruits or contingents.

For the remaining Regiments the Paymaster General certified briefly:

“The Muster Rolls for these Regiments to the 21 December 1712 were received at the Pay Office the 31 of January last, and the Establishment for the said Regiments being now signed by her Majesty and ready to be countersigned at the Treasury there will be no further difficulty in closing and attesting their accounts to the 21 December 1712: which shall be done as soon as possible.”

The Regiments to which this certificate applies were as follows: viz. Lumley; Wood; Cadogan; Palmes; Harwich; Stair; Ross; Orkney; Selwyn; Webb; North; Hertford; Durell; Sterne; Orrery; Sabine; Primrose; Preston; Newton; Sutton; Evans; Pocock; Hamilton; Sybourg; Wynn; Hane [Kane].

At the accession of George I. the tables were turned upon Harley. An Act (1 Geo. I., St. 2, c. 24) was passed to appoint Commissioners to take, examine and state the debts due to the Army from 24 Dec. 1701; and it is the Report of that Commission which is here printed as an appendix. In a single sentence the Report shows that the Regimental accounts for the reign of Anne had all been cleared up to the time when Harley became Lord Treasurer and that under his administration of the Treasury not a single Regimental account had been cleared and a total debt of 205,800l. 9s. 10¾d. had accumulated.

But beyond and above the question of the claims of the Regiments, the proceedings connected with this Act are instructive as an illustration of the financial methods employed in dealing with a simple matter of debt.

The preamble of the Act recites as follows:

Whereas several arrears of pay are due to Officers who served her late Majesty Q. A. with great honour, courage and fidelity in the last war, and many great demands are made by the Officers and others employed in her late Majesty's service during the late war against France, of sums of money claimed to be due to them for services performed in carrying on the said war and for other causes, matters or things relating to the Army,

to the end … that it may more fully appear what the said arrears of pay and debts do justly amount unto and that the accounts thereof may be stated and examined in order for a provision to be made by Parliament for the payment of the same: therefore

(fn. 1) Thomas Smith, of Glasgow, Esq.

Thomas Pelham, Esq.

Grey Nevill, Esq.

John Plumptre, Esq.

Leonard Smelt, Esq.

Sir Wm. Gordon, bart.

Sir Thomas Palmer, bart., are appointed Commissionersad hoc. The Regiments concerned are those of Lepell; Stanhope; Bouchetiere; Galway's Spanish Foot; Strafford; Nassau (late Edward Stanhope); Magny's Foot; Clayton; Mundon; Gore; Windsor (late Mordaunt); Hill; Rich; Dalzal; Stanwix; Wm. Stanhope (late Richards); Slane; Jones; Rooke and Price; Tyrrel; Fielding; Carroll; D'Assa; Withers; Desbordes; Galley; Foissac; Magny's Dragoons; Sarland; Francks; Vesey; Farrington; Guiscard; Blossett;Hotham; Harrison; Harvey; Pepper; Newton; Sankey; Barrymore; Fuziliers; Whetham; Philips; Molesworth; Johnson, late Brudenall; Leigh; Butler; Dubourgay; Kerr; Dormer; Creighton; Grant; Windress; Pearce's Dragoons; Pearce's Foot; Montandre; Desny, late Islay; and other Regiments as shall appear to be in the like case.

In all these Acts relating to Army Debts the procedure or routine of payment was modelled on that adopted after the disbandment of 1697. After ascertaining the amount of the debt the Commissioners made out a certificate addressed to the Paymaster General of the Forces specifying the Officer's name and the amount due. Thereupon the Paymaster General made out a Debenture charged upon whatever Fund he was empowered to charge. In 1697 the Debentures were charged on the sale of the resumed Irish Forfeited lands or were made subscribable towards the purchase of such lands. In 1715, however, such Fund no longer existed and a different procedure was adopted. By the Act of 7 Geo. I., St. 1. c. 30, the certified debt was to carry an annuity of 4 per cent. as from 24 June 1717, which annuities were to be charged upon and payable out of the Customs and other Duties composing the General Fund established by 3 Geo. I., c. 7, and the Treasury was authorised to issue orders for payment of such annuities. This arrangement was confirmed by Clause 35 of the Act 9 George I., c. 5. by which all doubts were removed as to the power of the Deputy Paymaster of the Forces to act therein legally in place of the Paymaster General himself.

The upshot of this dilatory and complicated procedure was that in 1722 the British Officers who had fought with glory under Marlborough in the war against Louis XIV were finally settled with, 12 years or more after their service was performed.

The cruelty of the procedure lay in the delay of payment as well as in the method of it. Many of the Officers died before payment was even arranged and many others were driven to compound with their creditors by surrendering their titles to annuities. In the same way many of the Officers of the war under Wm. III. had been driven by starvation to dispose of their debentures on Irish lands at any conceivable discount. The private individuals or companies which bought up the debentures were simply gambling in Irish land, but the cost of their gamble was unspeakable misery to the British Officer. The utmost that can be said for Parliament was that having voted Supply for the Regiments in accordance with the submitted Estimates it considered itself entitled to wash its hands of any debt arising from misapplication of such Supply. Such a device as a Supplementary Estimate was then unknown. The House could be and not infrequently was induced to provide special Supply for Debts which could be classed as Extraordinaries, but Regimental pay did not fall under such a head.

Report from the Commissioners appointed to examine and state the Debts due to the Army. (4 March 1716–17. T64/15)

Your Commissioners in pursuance of the trust reposed in them have examined into the accounts of several debts incurred for matters and things relating to the Army and here humbly represent the States of such of them as they have been able to perfect.

The Principal Officers of his Majesty's Ordnance upon a precept to them to give in accounts of all moneys remaining due in their Office for any causes, matters or things relating to the Army under the care and direction of their Board returned [answer] on the 4th November 1715 that they had no account to give of any arrears or money due from their Office to the Train of Artillery, Officers upon half pay or other Officers or gunners, neither was there any demand upon their Office for any money or arrears of pay.

Your Commissioners in the beginning of their Commission at the same time that they sent to the other Paymasters issued their precept to Sir Roger Mostyn, late Paymaster of the Marines, to give in the accompts of the Regiments late under his care [of pay], but have not yet been able to obtain from him any perfect accounts by which they could proceed upon the examination of the debt owing to the said [Marine] Regiments.

Mr. How, late Paymaster General of Guards and Garrisons, upon a precept sent him to give in accompts of all moneys remaining due in his Office, returned for answer that he had cleared or was then ready to clear all the Branches of the Establishment of Guards, Garrisons &c. for the times they were under his care of payment except the Regiments, Troops and Companies whom he had cleared to 24 Dec. 1713 and [that he] had received their Muster Rolls from that time to 24 Oct. 1714, when all his accounts as late Paymaster General do end; and that he should very soon lay a state of that arrear before the Lords of the Treasury, who he doubted not would enable him to satisfy the same out of the Funds granted by Parliament for that service, for which no further provision was wanted.

Mr. Walpole, who was Paymaster General of his Majesty's Forces from the said 24th Oct. 1714 has certified that from that time all the Regiments have been cleared to Dec. 24 following: so that the accounts of such Regiments as were continued on foot after the war are stated only to the said 24 Oct. 1714, which we should otherwise have carried on to the said 24 December.

Your Commissioners have gone through the accounts of all the Regiments which served in Flanders (except four whose accounts the Earl of Carnarvon, late Paymaster to the Forces Abroad, has not given in by reason of some difficulties which hinder the adjusting of them in his Office); and the said accounts are here stated in such manner as your Commissioners think themselves impowered to state the same, together with such additional demands as some of the said Regiments think themselves equitably intituled to, though not provided for by any warrant, Establishment or other proper authority. Of this nature were the demands made by several Regiments for an allowance to make good the assignments of their off-reckonings which fell short by reason of the reductions or disbandments of the said Regiments respectively; and the said demands are hereinafter inserted. But we think it our duty to observe that upon examining into the value of the clothes for which the said assignments were made it has not appeared to us that the value of the clothes delivered to any of these Regiments did amount to the sums assigned for the same.

In the months of May and June 1713 the several Regiments of the Army in the Netherlands were reduced to a lower Establishment; and in the Regiments of Foot where we have been able to ascertain the days of Reduction we have stated their credit according to the reduced rates from the said days respectively. But in the Regiments of Horse and Dragoons after the strictest enquiry we have not been able to discover the precise days on which they were reduced and therefore have continued their credit as stated by the Paymaster for full numbers to the end of the Muster current at the time when the orders of Reduction were dated: wherein there may be a saving [? to be made] when it shall appear on what days they were reduced.

We must observe that by the contract with Sir Solomon de Medina for providing bread for the Army in the Netherlands in the year 1711 the said contractor was to receive of and from every Company of Foot in her late Majesty's pay that should not take their bread from him, during their being in garrison from and after the date of the contract, the sum of 50 guilders and of and from every such Troop of Dragoons the sum of 42 guilders, to be charged to the pay of the said Troops and Companies respectively. But it appears to us that no such payments have been made by the said Troops and Companies in the year 1711, though the same had been made in the like case in the year preceding. And as we do not find any order to the Paymaster to charge the said sums we have not made any charge thereof upon the Regiments in the following States; but submit the same to the direction of Parliament.

The accompts of several Regiments who served in Spain and Portugal have been some time under the examination of your Commissioners, who are preparing to state them with all the despatch which the many difficulties and intricacies of the said accompts will admit of. [Signed at the end of the account.] T. Pelham. G. Neville. T. Plumptre. L. Smelt. W. Gordon. T. Palmer. R. Bristow.

4 March 1716–17.