Volume 248: July 3-December 31, 1724

Pages 276-298

Calendar of Treasury Papers, Volume 6, 1720-1728. Originally published by Her Majesty's Stationery Office, London, 1889.

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July 3–December 31, 1724

3 July. 1. Papers connected with the accounts of Sir Alexander Brand of Brandsfield, for rents of Orkney and Shetland. The first is a letter from him, dated 3 July 1724, asking his correspondent to consider the enclosed papers and hear thereon Mr. Johnston, who was Secretary to King William at the time when he (Sir Alexander) served the government with his fortune, or that Mr. Scroop should talk to Mr. Johnston thereon. The second is an account of the charge and discharge of Sir Alexander Brand for the rents. The third is a copy of the reasons for the articles in Sir Alexander's account. The fourth is entitled: “An exact & faithfull abstract of a decree of the Court of Exchequer of the Kingdom of Scotland, pronounced against Sir Alexander Brand, for the arrears of the Crown and Bishop's revenues due & owing by him to her Majesty, conform to an obligation of farm, or a lease made & entered into by him for the Islands of Orkney and Zetland, &c.” On the outside it states that it is for the years 1693, 1694, 1695.
There is also a printed paper relating to the affairs of “Bailly Brand” who in 1693 was recommended “to be Stewart and Justiciar of Orkney and Zetland in Robert Alphingston of Lapney's room.”
Besides these are five other papers touching Sir Alexander Brand's affairs, one being a duplicate. 22 pages.
3 July. 2. A closely written paper (half being left for margin) entitled: “Memor. concerning the Equivalent Charter.”
The first memorandum is: “The powers in this Charter being to chose Directors for management [are], to divide the Annuity which by Act of Parliament is payable quarterly, and to transfer the stock to natives, or foreigners, and to bodies politick, as well as to individuals.”
The other memoranda relate to the stock, and to purchase and sale of it.
One of the observations made is: “That the operations here menc[i]oned may effectually prevent the Stocks either becoming a bubble, or being blown upon, and settle the property in the hands of such as like to have their money estate sure, equal and marketable.”
With the paper is a copy of a Resolution, dated 3 July 1724, at the meeting of the Directors of the subscribed Equivalent Debt recommending the appointment of the thirteen persons named to be the first directors in the “Charter for Incorporating the Proprietors of the Equivalent Debt.” 3 pages.
6 July. 3. “Mr. Manning's memorial to the Lords of the Treasury about his bill of Extraordys, 16th July 1724.”
The warrant for paying him 1200li in full, was ordered by the late Earl of Oxford, in the late Queen's time, and the annexed Bill of Extraordinaries was not signed and allowed till after his present Majesty's Accession, so that the Treasury could have no cognizance of it, and the words “in full” could only extend to what lay before the Treasury. The bill of extraordinaries has only lately been presented. Prays that the bill may be allowed. The bill was lost or mislaid by the late Mr. Powys and is for money laid out of a minister's own pocket for the public service. Believes this was never refused when transmitted to the Treasury by the Secretary of state's order. 6 July 1724.
Accompanied by another paper commencing “Mr Manning her late Majesty's Secretary to the Republick of the Grisons, humbly craves allowance of the following summes by him expended from July 18th 1712 to July 18th 1713.
On the back of this is:—“18 Decr 1713. Mr Manning was paid 442li on his allowances as her late Mats Secretary to the Republique of Grisons to the 3d of August 1711, when he had direc[i]ons signified to him to return home. And on the 17th Decr 1714 he was also paid 1200li out of the late Queen's arrears in full satisfaction of all demands or pretenc[i]ons which he had or might claim for any allowances or services by him performed there, after the time of his being recalled.” 6½ pages.
16 July.]
4. Memorial of Alexander Stevensone to the Lords of the Treasury on behalf of the Duke of Portland, Governor of Jamaica, in answer to objections raised against the revenue bill of Jamaica transmitted for his Majesty's approbation, as far as relates to the Public Revenue of the Island.
The objections answered are:—(1) The apprehended deficiency of the revenue; (2) the discharge of the debt. The opinion is expressed that the funds granted by the Assembly are amply sufficient. By the Duke's management the debt which, at his arrival, was 26,000l. is reduced to 9,800l., and it is computed there will be an overplus of 6,000l.; (3) The lowering of the duties on indigo and sugar; (4) the contingency of an overplus; (5) the accounting by the Receiver General of Revenue to the Governor, Council and Assembly only, or “to a Committee thereof.”
Accompanied by the copy of a letter from Mr Scrope of the Treasury to the Comrs for Trade raising all the above questions, 3 pages.
17 July. 5. Report of Mr William Tompson of H.M. Mint to the Lords of the Treasury on the petition of Mr W French who prays to be reimbursed, what he expended in taking up two coiners (Hicks and Miller) at Timsbury near Bristol, and for prosecuting them, and to be allowed the accruing charge in carrying on the prosecution. In favour of allowing him his charges about the prosecution. Mint Office, July 17, 1724.
Also the petition. 3 pages.
22 July. 6. J. Holbech to—. The laying the great annoyance of dust by watering the broadway before the Horse Guards and Whitehall is done at the instances of the several public offices, near adjoining, by a voluntary contribution; but this comes short of the real annual expense at least 30l. The Treasury ordered 20l. last summer towards the deficiency, but as the way is now opened to King St, Westminster, as wide as the old broadway, this has doubled the charge, “and there is only the Plantation Office (now removed) to give assistance to the encreased charge”; therefore he begs that their Lordships may be moved for payment of the 20l. for this summer's watering the old way, and that the additional charge may be represented to their Lordships occasioned by the width of the parade before the cockpit, which is not done for less than 50l. a year more. The whole expense comes to above 110l. per ann., but the contributions to the old work do not exceed 52l.; prays for some allowance to help this great deficiency for the future. 22 July 1724. 2 pages.
28 July. 7. Report of the Barons of the Exchequer of Scotland to the Lords of the Treasury on the petition of Sir Arthur Forbes of Craigyvar, Baronet. The part of petitioner's estate which holds ward of the Crown, is of about the yearly value of 88l. 7s. 6d. sterl.; and the other part of his estate is about 639l. 16s. 8d. sterl. The petitioner, being a minor of the age of twelve years at the death of his father (May 1722) his Majesty, by the law of Scotland, is entitled to the rents and duties during the minority; subject, however, to the entertainment of the vassal, in case he has no other estate. And on account of the ward lands, his Majesty is entitled likewise to two years value of the petitioner's whole estate, which is called the Casualty of Marriage. The debts affecting the estate are about 6,184l. sterl., together with annuities, &c. extending to 195l. 13s. 10d. so that “the avail, of the marriage” may be estimated at about 455l. 8s. 4d. sterl. The Crown has granted in some cases such casualties in favour of its vassals. 28 July 1724.
Minuted:—“17th March 1725. Agreed to.”
Also the petition. 5 pages.
29 July. 8. Report of the Barons of the Exchequer of Scotland to the Lords of the Treasury upon the deduction of sixpence in the pound to be made out of certain payments mentioned in their Lordships warrant of 14 July 1724 which instructed them to examine into the execution of H.M. warrants to the Comrs, Receivers and other officers of H.M. revenues in Scotland, and to cause this deduction to be made. They would at their first meeting next term take this matter again into consideration. 29 July 1724.
Also a memorial of the Comrs of Customs, Edinburgh, referred to in the report. 5 pages.
[? About
31 July.]
9. Petition of Edward Norris of Speake in the county of Lancaster, Esq., to the Lords of the Treasury. Doctor Killegrew, late master of the Hospital of the Savoy demised to Thomas Norris, late of Speake, Esq., deceased, several lands in Garstange alias Garston in the co. of Lancaster (by estimation 20a. 2r. 20p.) at the rent of 4l. 1s. for three lives “which lives are now dead.” Prays to be admitted tenant.
Minuted:—“31st July 1724. My Lords will not advise the granting of any Savoy leases.” 1 page.
[? About
31 July.]
10. Petition of Richard Page, Esq., to the Lords of the Treasury. Petitioner's late father was surety for Thomas Perrin and Richard Gottley, merchants, on account of tobaccos imported, and upon their failure an extent was issued in 1712, and several estates of petitioner's father were seized; amongst others, the manor of Uxenden and other farms in the parish of Harrow-on-the-Hill, in the co. of Middlesex. Application was made to purchase the estates in Harrow for petitioner whilst he was a minor, which was refused. Mr. Huggins, warden of the Fleet Prison (from whence Mr. Perrin had escaped), being liable to answer to the Crown for the same, applied to purchase the crown title, to indemnify himself and bid 1,500l. for the same. The petitioner's guardians supposing the estates to be freehold (they being found to be so by inquisition in 1721) bid 1,200l. for the crown title. Since that, by an expensive trial, it has been found that the lands are copyhold and not liable to the debt; prays that the sale may be put a stop to, and that petitioner may purchase at a reasonable price.
Minuted:—“31 July 1724. My Lords, upon a report of this case, made by the Commrs Customes, did, on the 10th June last, sign a warrt directing the Commrs to cause the estates to be sold to the best bidder, towards discharge of the crown debt pursuant to the advice of the said Comrs; & do not see any reason to alter or revoke their said warrant.” 2 pages.
[? About
31 July.]
11. An application to the Lords of the Treasury from John Sydenham, agent for his Majesty in connexion with:—
“An accompt of money due to his Majesty being the proceed of wreck goods taken up by virtue of a grant to Jacob Rowe, Esq.”
Prays that his expenses (450l.) may be allowed.
Minuted:—“31st July 1724. The proprietors to lay an account of the King's 1/10 before my Lords.” 2 pages.
6 Aug. 12. Trustees of Forfeited Estates, Scotland, to the Lords of the Treasury. Have received a copy of a report made by the Barons of the Exchequer of Scotland in favour of a grant to be made to the children of the late Col. “Bellfour” out of the estate of Burleigh pursuant to a power given to his Majesty to make a provision for them out of that estate. 6 Aug. 1724.
The report of the Trustees referred to. 28 July 1724. Memorial of Margaret Balfour, eldest daughter of Robert, Lord Burleigh, deceased, and four other documents. 16 pages and 2 halves.
6 Aug. 13. Order in Council on the annexed report from the Lords of the Committee of Privy Council relating to the patent granted to William Wood, Esq., for coining half pence and farthings for Ireland; approving thereof, and ordering that the Lords of the Treasury give the proper directions, that he shall not coin or import into Ireland more half pence and farthings than 40,000l. Dated 6 Aug. 1724.
The report mentioned, and copies of three other documents on the same subject.
In one of these it is mentioned that a pound of copper is coined into 23 pence, and the intrinsic value of the copper per pound is 13 pence, in another that there was coined from Lady day 1723 to March 28, 1724, in half-pence 55 tons 5 cwt. ¾ qrs. and 12 ounces, and in farthings 3 tons 17 cwt. 2 qrs. 10 lb. 8 oz. avoirdupois. 60 half pence weighed 14 oz. troy, and eighteen penny weights, and 30 farthings weighed 3 oz. 3 qrs. and 46 grains. The weight of old half pence in some previous reigns is given, and the inscriptions on the coin are given. 31 pages and 2 halves.
7 Aug. 14. Comrs for Salt Duties to J. Scrope, Esq. [Treasury]. Are surprised to find themselves censured for remissness in calling for their papers from the Treasury, it being their constant practice, when they send any representations or memorials to the Treasury, to order their messenger that delivers them, to inquire frequently for them, as they are assured he does. The memorials of 14 June and 21 Nov. 1723 were delivered into the Treasury Chambers at the times they were dated; and upon inquiry after them, some time afterwards, the messenger was told they could not find any such papers, and they (the Comrs) repeated the contents in a new memorial. As to the warrant on their memorial of 14 Jan. 1720, they could hear nothing of it, though frequent inquiry was made; but being at last informed that it was lost, they transcribed it into their memorial of 17 May 1722. Salt Office, 7 Aug. 1724. 1 page.
8 Aug. 15. Report of the Surveyor General (Pulteney) to the Lords of the Treasury, on the petition of Samuel Clark, Esq., praying for the grant of the lease of a parcel of concealed Low Marsh land, lying in the parishes of Hueish and Ham, or one of them, in the co. of Somerset, called Wagg Moor. The petitioner alleges that these lands are used without any claim of right by the inhabitants of the towns near thereto adjoining, as waste ground, in common to all of them. Mr Auditor Jebb has certified that these lands have never been granted or leased, or in any charge before him. Thinks it his duty to encourage any discovery of this kind. Neither the Crown's title, quantity, condition, nor value appear in any inquisition, survey, &c. Cannot advise the grant of a lease thereof, until enquiry has been made. A commission of enquiry is what has been usual in such cases; nevertheless in 1662 (in a case of concealed lands) finds a letter of enquiry in the nature of a commission was signed by the Lord Treasurer, Southampton, and directed to some of the principal gentlemen of that country, whereby they were in his Majesty's name authorized to inform his Lordship of the crown's title, &c. As the commission of enquiry would be expensive, recommends a similar letter to that last suggested to be sent. Upon the return to such a letter of enquiry a lease might be granted.
On the 6th of April last, on the petition of John Denew, merchant, and others, for a lease of other concealed lands in Somersetshire, he made the like report. 8 August 1724.
The petition referred to. 4 pages.
19 Aug. 16. Report of the Treasurer of the Chamber (Charles Stanhope, Esq.) to the Lords of the Treasury, on the petition of the Executors of Theodore Randue, Esq., late housekeeper of H.M. Palace of Windsor Castle. Cannot find from the office books that any allowance was ever paid to any person keeping the Garden House. Her late Majesty purchased the house and gave it to the Prince of Denmark, who placed Mrs Browne there as housekeeper at an allowance of 40l. a year. After his decease Her Majesty continued the salaries of his servants not otherwise provided for, and gave orders for placing this allowance upon the pension office, and she was paid until her decease. Before her Majesty's decease (Mr Browne being dead) she ordered Mr. Randue to take care of the house, and if an allowance shall be thought proper to be made to his executors, his Majesty's sign manual will be necessary. 19 August 1724.
Also the petition of the Executors.
Minuted:—“15th 8br 1724. There being no established allowance to the late Mr Randue, the Executors can have no claim upon the Crown.” 3 pages.
29 Aug. 17. Comrs of Revenue (Ireland) to the Lords of the Treasury in reply to their Lordships letter of the 18th, together with the copy of the bond entered into by Mr Wood, patentee for the copper coinage for Ireland. Assure their Lps they never gave any orders to prevent the circulation of the half pence. As to their Lps commands to the Officers of Customs not to receive, in any one payment, above five pence half penny in copper coin, represent that, from the disorder this nation is in at present, about these half pence, and the declarations that have been signed by all sorts of people and published, they will not receive or utter them. They (the Comrs) are under the utmost difficulties how to execute the commands. The letter or order will be understood by their collectors and other officers as a strong intimation “that they are [only] to receive five pence half penny, or any less summ of ye said half pence in any one payment.” Repeated pamphlets and papers, dispersed over the kingdom, have “inculcated into the minds of the people” that all the King's duties are to be paid in sterling money or current money of England. And though they apprehend that Mr Wood's half pence are not intended by their Lordships to be paid otherwise than by way of change, yet the prejudice against them is such, that this argument will have but little force. They (the Comrs) apprehend that if, by their orders, the collectors and other officers were obliged to take these half-pence, such orders would be thought arbitrary, and would bring a difficulty on the revenue, the whole nation thinking they may safely refuse them, the King having declared in his patent that none shall receive them but such as are willing. It is with extreme regret that they return any other answer than a ready compliance, and nothing but the public quiet of the kingdom and their apprehension of ill consequence to the revenue should hinder them from obeying; the uneasiness that people of all ranks are in, being greater than can be imagined by any that are not on the spot. Are not able to judge if the officers of the ports in England can be made to cheque Mr Wood, that he may not export above the 40,000l. mentioned; for they apprehend that, as the far greatest part of the current money in this kingdom is clandestinely exported from other countries, so it is to be feared that great quantities of this copper coin may be exported from England without the privity of any officer, as well as counterfeits of equal value with Mr Wood's coin exported from Holland and other places.
Custom House, Dublin, 29 Aug. 1724. 2 pages.
21 Sept. 18. Report of the Surveyor General (Wither) of H.M. Woods to the Lords of the Treasury, on the memorial of his Grace the Duke of Bolton, Lord Warden of the New Forest in the county of Southampton. His Grace thinks it for the advantage as well as for the beauty of the forest to make a riding between Burleigh and Lyndhurst, the change will amount to about 60l. The dotard and other trees will defray the charge. Is of opinion that the riding proposed will greatly contribute to the advantage and beauty of the forest, and that it will be of so great use that their Lps will be importuned to cause other ridings to be made through the great thickets of the New Forest. Sept. 21, 1724.
Minuted:—“12th 8br 1724. Agreed to.”
The memorial referred to. 2½ pages.
21 Sept. 19. “Copy of a Resolution of the York Buildings Company in relation to the Annuitants. Sept. 21, 1724.”
It is to the effect that Annuity Bonds which had been issued by “the Governor & Company of Undertakers for raising the Thames Water in York Buildings” for payment of annuities on Lottery prizes, should be charged on all the manors, lands, &c., belonging to the Company. 1 page.
22 Sept. 20. Memorial of John Pulteney, Esq., Surveyor General of His Majesty's Lands, &c., to the Lords of the Treasury, in relation to certain Exchequer leases of lands and tenements in Dringhouses, Middlethorp, and Beverley, in the co. of York, long since expired; the profits of which lands have been withheld from the Crown for about twenty two years. Suggests that steps should be taken for the immediate recovery of possession. Memorialist observes “As the profits of these premises have long been withheld from the Crown for want of your Lordships being duly apprized of the expiration of the term for which they were granted, so may it reasonably be presumed that other Crown lands are wrongfully held over, by the tenants, after the determination of their respective leases; to the lessening of his Majesty's land revenue and to the endangering the loss of the lands, by their being long concealed; which I find to have been the case of some Crown Lands. For remedy whereof, if I had a due cognizance (in virtue of my office) of what Crown leases pass under seal, I should think it my duty to lay before your Lordships, from time to time, an account of all such leases as were expired or near expiring; but as nothing further appears in my books than the rating of the particulars; after which leases are sometimes dropped; and as other leases which pass under seal are many times made to commence from their several and respective dates, of which dates I have no cognizance whereby to know the certain times when these leases expire, therefore in my memorial of the 30th of May 1723 I humbly offered that the proper officers (with whom all Crown leases are, or ought to be inroled,) might be directed to lay before your Lordships a list of such leases for years, as were then expired, or were expiring,” &c., “whereupon your lordships were pleased to give such directions accordingly,” &c. 22 Sept. 1724.
Minuted:—“23 7br 1724. Read & agreed.” 2½ pages.
26 Sept. 21. Memorial of Hugh, Archbishop of Armagh, to the Lords of the Treasury, praying for an order to the Treasury in Ireland, to pay him the rents received by them from the time of his predecessor's death, and that he may receive the arrears. 26 Sept. 1724.
Minuted:—“30 7br. Prepare the usual Warrt if there is any precedt.” 1 page.
29 Sept. 22. [Ireland.] “Payments by warrants of concordatum from Christmas 1721 to Michaelmas 1724.
“Examd p[er] John Pratt, Dep. Recr Genl.”
At the end is: “His Majesties letters dated 8th August 1722 for allowing paymts made by warrants of concordatum over & above ye allowce on the Establishment of 5,000li p[er] annum clear'd that fund to Christmas 1721 & no further.” 13 pages.
29 Sept. 23. A similar paper containing payments for military contingencies for the same time. 8½ pages.
[? 29 Sept.] 24. “Acco of the sums granted in Parliamt to make good the deficiency of the general fond and of the supplys for the years 1722, 1723, & 1724.” 2 pages.
29 Sept. 25. “An accompt of what has been received and paid for repairing the collegiate church of St. Peter Westmr & chappels of the same between Michmas. 1716 & Michmas. 1724 out of the duties on coals.” 1 page.
30 Sept. 26. “Certificate and memoriall of Jno Lawton relateing to the Records in the Exchequer 30 September 1724.”
Certifies that since the 27th of July “three clerks, viz., Mr Stewart, Mr Smart, and Mr Longbridge have been employed in the Chapter House in brushing, making clean, and putting the rolls of the Court of Common Pleas of the reigns of Henry the 4th, 5th, 6th, Edward the 4th, and Henry the 7th upon dusted dry matts, about 40 of which rolls by reason of their having lain long upon matts on a damp stone floor, and seldom mov'd or dusted, are perishing, which have been separated from the rest and open'd for the benefit of the air.
“The above-named clerks are also emptying the chests wherein the aforesaid Common Pleas Rolls ought properly to lie, that therein the said rolls may be put, those chests having been fill'd with Star Chamber Records, which records, with a great heap of the same sort lying upon the chests, the clerks are now cleaning and putting into other places more convenient; that huge heap having been so exposed to dust and to the damps, occasioned by the broken windows, that many thereof are likewise rotting.”
Asks that presses, &c. may be made for them and the windows mended and the roof repaired, and that some small necessaries may be supplied by the Ushers of the Exchequer, and for the payment of “the salary quarterly.”
The office of the Custos Brevium being overstocked with writs of divers kinds, that office has given notice that the writs of the reigns of King Charles the 2d and King James the 2d are to be transmitted into the Court of the Receipts of the Exchequer, where there is not room fit to receive them. If their Lordships should think convenient to appropriate the two rooms where the old port books lie (which rooms were reported necessary to augment the conveniences for records in the Exchequer, by the Lords Committees, appointed to inspect the offices of records, who viewed them), and if their Lordships would direct shelves to be made in the rooms, the writs might be received.
Minuted:—“My Lords agree to this memll as to his salary, but the other part relating to repairs to be consider'd.” 1 page.
29 Sept.]
27. “An accot of what was wanting at Michmas. 1724 to clear all fees and salaries payable at the Exchequer to that time.” 2½ large pages.
29 Sept.]
28. A similar account of what was wanting to clear pensions and annuities at the same time. 2 pages.
29 Sept.]
29. “The debt to his Mats Foreign Ministers for one year and three quarters from X~mas 1722 to Micħas 1724 being seven quarters.”
Also “the names and characters of his Majesty's several Foreign Ministers, where residing, and the amount of their annual expence.”
The following is the list of them:—
Charles Lord Whitworth at Cambray
Alexander Lord Polwarth ib[ide]m
Wm Stanhope, Esq. in Spain
Horatio Walpole, Esq. at Paris
John Molesworth, Esq. at Sardinia
Wm Finch, Esq. in Holland
“Envoy & Plenipos.”
Thos Lumley now Sanderson, Esq.
Lord Glenorchy, Denmark
Thomas Scot, Esq.
— Dubourgay, Esq., Prussia
Envoys extrary.
Thomas Dayrolle, Esq., States General
Cyril Wych, Esq. with the Hans Towns
Wm Leathes, Esq. wth the United Netherlands
Robert Jackson, Esq. at Sweden
Thomas Crawford, Esq. at Paris
Charles Hudson, Esq. at Algier
Benj. Lodington, Esq. at Tripoli
Robert Sutton, Esq. at Cambray
Charles Holzendorff, Esq. at Madrid
Thomas Lascells at Dunkirk
Mons. St Saphorin at Vienna
Benj. Keen at Madrid
Agents at
Thomas Coleman, Esq. Resident to the Great Duke of Tuscany. 2 pages.
30 Sept.]
30. “Representation and request of Thomas Acherley Gent.” to the Lords of the Treasury. Has observed that in the dry summer of the year 1717 the demands for water increased so much that the owners of Hampstead water works increased and enlarged their ponds, declaring they should not want “tenants” if they could supply water. Conceived that all attempts to furnish water, except by another river, would be fruitless. Was acquainted with the River Colne at St Albans, and observed its great fall and the great length from St Albans to Staines, where it issues into the Thames. Guessed that the water lay high enough and in the winter of 1717, levelled the ground along the high road between St Albans and Hampstead ponds, and found that St Albans River lay as high as the highest steeple in London (except Paul's). Attempted to obtain an act of parliament in 1718, 1719, and 1720. A committee reported that the scheme was practicable and useful. A bill was brought in and read a first time and ordered to be read a second time: but the millers of Hertfordshire and others raised such an opposition that the bill was laid aside. To avoid the Hertfordshire millers, petitioner examined the river and found that all the brooks in Hertfordshire, viz., the Gade, Bulborne, Chesham Waters, and other Great Springs, all join the River Colne above Rickmansworth, and there make a vast river. And the Gultchwell springs in Middlesex run into the same River Colne, near two miles below Rickmansworth. Petitioner contracted with the owner of Gultchwell springs, the level whereof he found high enough. Found that they yielded a quantity of water sufficient to serve plentifully all the western parts of Westminster and London. But one Mr Blackmore and others, grafting upon petitioner's invention, endeavoured to supplant him and pretended that waters might be brought from a branch of the River Colne, called Cowley Stream, which drives the powder mills at Hounslow Heath. They printed a plan for that purpose, and found friends in the session of parliament, 1720–21, sufficient to discourage petitioner's design and to embrace theirs.
Upon examination, their project was found impracticable, as the level was much too low, and their attempt was unsuccessful. Petitioner made a further attempt in 1722–23, but was still unsuccessful. Renewed his attempt in the sessions of 1723, and a committee reported it to be practicable and useful, as appears by a copy of their report annexed; but petitioner was again unsuccessful, because Mr Blackmore set up another plan, in imitation of the Gultchwell plan. Petitioner is advised that, although his design is the best and most practicable, and will accommodate a vast number of his Majesty's subjects, and will add not only great ornaments, but great conveniences to his Majesty's palaces of St James, Whitehall and Kensington; yet it is too difficult to be undertaken, without the encouragement and assistance of the Government, in relation to the passing of an Act, as was proved by the example of the New River; forasmuch as Sir Hugh Middleton and his partners could never make any considerable progress against the opposition they met with, until King James the First afforded them his countenance and assistance. That example is worthy of imitation in regard his present Majesty's subjects, who now want water, are as numerous as were those that wanted it above 100 years ago, and were supplied by the New River undertaking. Prays their Lordships to recommend the “invention” to his Majesty, to the end that an Act of Parliament may be obtained, and that he may be recompensed for his pains.
Accompanied by the report referred to, which gives some engineering and other evidence of witnesses as to the practicability of the scheme.
Also a nicely executed plan or map which appears to have been prepared by the petitioner.
Minuted:—“30th 7br 1724. Read.” 5 pages.
[? About
8 Oct.]
31. Petition of Sir John Vere Kennedy, Bart., to the Lords of the Treasury. His Majesty appointed petitioner's younger brother Andrew Kennedy, Esq., conservator of the privileges of the Royal Boroughs of Scotland in the Netherlands, upon the decease of petitioner's father (the late conservator), with whom petitioner was joined for twenty years. The grant of the office was given to petitioner's brother in express words for the subsistence of his and petitioner's mother and family; but, though his mother was dead and most of the family provided for, his brother had not afforded petitioner any relief. Has, however, received private and public relief from their Lordships; asks their Lordships to order a small sum to be paid to him for the support of his numerous family.
Minuted:—“8 Oct. 1724. Read.”
Also a memorial from the same to the Rt Hon. Robert Walpole, Esq., one of the Lords of the Treasury, on the same subject. Undated. 2 pages.
10 Oct. 32. Report of the Surveyor General (J. Pulteney) to the Lords of the Treasury on the memorial of Edward Southwell, Esq., tenant to the Crown, for the greatest part, of Old Spring Garden, representing that many encroachments had been made on H.M. ground there by owners of property situate on the north side of the said garden; by reason whereof, there is not room for the turning of coaches that frequently attend on foreign ministers and other persons of distinction, who pass that way, to and from St James's Park; and memorialist is very much obstructed in going to and from his now dwelling house; therefore prays that these encroachments may be viewed and removed. Finds that the garden was formerly enclosed by a brick wall belonging to his Majesty; whereon the owners of the houses on the north side thereof have brought forward their fronts and struck out window lights to their ground rooms and also made doorways through the wall into their houses; as appears by several pieces of the old wall now standing with the copings thereon: they have likewise made areas to their houses, which are enclosed with rails; and have set posts upon his Majesty's ground. These encroachments ought not to have been made. The grievance may be redressed by obliging the encroachers to take away their posts and set their rails within two feet six from their houses; so as to leave room for coaches to turn in that part of the garden which lies nearest to the entrance into St. James's Park. Their areas, window lights, and doorways may continue as they are during his Majesty's pleasure only; and under such acknowledgment of his Majesty's right to the old wall, and the ground within it, as may be proper to preserve that right. In the like case in 1703 of encroachments on St. James's Park wall, the then Surveyor General proposed that every encroacher might have a lease of his encroachment, at a small rent by way of acknowledgment, but it does not appear that anything further was done; it being reasonable to believe that the great charge of passing an Exchequer lease, made such a proposal then impracticable; nor can he think it will be less so in the present case. Proposes that the owners should acknowledge their encroachment by an instrument in writing. Some vaults have been dug under this garden extending to the kennel or watercourse, which vaults belong to the houses inhabited by John Emery, vintner, and others. Suggests that leases should be made of these vaults. Specifies some other encroachments of a like nature there which ought to be forthwith removed. Upon notice to the persons concerned none, who attended the Surveyor, pretended to have had any licence or proper authority for the making of the encroachments. 10 Oct. 1724.
Minuted:—“6th 9br 1724. Agree to the Report. That part which he proposes to be held by a lease, vizt the wine vaults is agreed to.” 5 pages.
14 Oct. 33. Address of the Presbitry of Abertarf to the King on the reformation of the Highlands of Scotland and the evangelization of the inhabitants thereof; laying before his Majesty the state of the bounds under their inspection, and what they judge most for the advancement of the glory of God, the peace of his Majesty's government, &c. The same (i.e., the bounds) consist of five ministerial charges or parishes, some of which are twenty four miles in length, and twenty in breadth; the whole being about 150 miles in circumference, in which there are many papists and no legal schools, save what are settled by the Society for Propagating Christian Knowledge; so that these people cannot but be brought up in ignorance, and thereby become an easy pray to popish priests, jesuits, emissaries from Rome, and other disaffected persons. The General Assembly of this national church judged it one good expedient, for advancing true religion and his Majesty's interest, to erect four new presbyteries and a synod whereof their bounds are a part, &c. It is an absolute necessity that new parishes be erected, and more schools planted; and till this is obtained preachers of the gospel and catechists should be employed to instruct the people. And as their stipends are small, and no assistance to be expected in this poor country, they ask for some allowance from the royal bounty. King William and Queen Mary bestowed 30l. yearly as a salary for a schoolmaster at Fortwilliam; but the Bishop's rents out of which the same came, having been otherwise disposed of, that school sunk; to the great loss of the country. If it were re-established, it might prove of great use, not only for teaching literature, but also loyal principles. Have prevailed with Mr John Mc Bean, a person of piety, good literature, and loyalty, to take up that school; but if the salary be not punctually paid to him, he must soon give over. Pray for an allowance for maintaining preachers and catechists until some new parishes are erected: as likewise for the re-establishment of the salary of 30l. per ann. for the school at Maryburgh, payable to Mr John McBean. Abertarf, 14 Oct. 1724.
Referred to the Lords of the Treasury. 3 pages.
[? About
15 Oct.]
34. Petition of William Elphinston, gent., to the Lords of the Treasury, in relation to a crown debt of 200li besides interest for above 20 years, and the reversion of an estate of 250l. per ann. Petitioner in his own name took out administration, and prosecuted the suit for the Crown and others at his own expense; but finds that administration for the Crown will be of greater use in the prosecution of the suit. Is ready to renounce his administration to the Crown. Prays that he may procure administration for his Majesty's use and may have one half of what shall be recovered.
Minuted:—“15 Oct. 1724. Petn rejected and the King to be put to no charges about the same.”
Also a previous memorial and report on the same subject. 3½ pages.
[? About
15 Oct.]
35. Memorial of Colonel George Douglass, Sir William Hope, Col. Geo. Somerville, William Steuart, physician general, and George Preston, surgeon, to the Lords of the Treasury. Were paid out of the Treasury of Scotland before the Union; but upon the Union, were, by royal warrant, placed upon the contingencies of the forces allowed upon the establishment of Great Britain, and continued to be so paid till 25 Dec. 1717. They were then postponed until 25 June 1720, when his Majesty, by warrant, continued their pay, which they still enjoy. By the deficiency of the fund, they are now in arrear two years and a half. Hope, as Capt. Walter Lockhart has lately obtained his allowance, that their Lordships will give directions to satisfy them.
Minuted:—“15 Oct. 1724. My Lords have no fund in their power to satisfye these arreares.” 1 page.
24 Oct. 36. Report of the Surveyor General (Pulteney) to the Lords of the Treasury. As directed, had treated with Mr Chichley, secretary to the Archbishop of Canterbury, for the renewal of the lease of his Majesty's two barge houses, and the barge-master's house at Lambeth. On surrender of the existing lease of 13½ years, a new lease of 21 years was agreed to on payment of a fine of 25l. at the present rent of 40s. per ann.
Also letter from the Lord Chamberlain to the Lords of the Treasury for orders to be given for renewing the lease, and a letter referring the matter to the surveyor.
Minuted:—“6th 9br 1724. Agreed to. Prepare a warrant to the Recr of the Land Revenue of Surry for this sum.”
There is also an earlier letter from the Vice-Chamberlain on the same subject. 4 pages.
Oct. 37. Report of Sir Isaac Newton to the Lords of the Treasury on a new double silver seal made by Mr James Gerard for his Majesty's Bahama Islands in America. It is made according to his Majesty's warrant. By an impression taken from it and kept in the Mint, finds the work to be very good, and the price of the silver and work is reasonable. “Mint Office, Octob.”
Also a description of the seal delivered by the engraver to his Majesty in Council, with a note of its reference to the principal officers of the Mint for a report to be made.
Minuted:—“6th 9br 1724. Agreed to.” 2½ pages.
17 Nov. 38. Representation of the justices of the peace of the shire of Clackmannan in Quarter Session, Nov. 17, 1724, to the Lords of the Treasury, commencing:—“Victual of the growth of Scotland being more than sufficient for the consumption of all the inhabitants thereof, several acts were past in the Parliament of Scotland for restraining the importation of victual of any sort, except in case of scarcity and dearth; and especially from Ireland where victual abounds, and which lyes near the western coasts, and the execution of these laws was committed to the justices of the peace, sheriffs, and other judges. And several particular commissions were granted from time to time for guarding the said western coast, which had not the wished effect, till at last the Privy Council of Scotland did enter into a contract with certain persons of honour and interest, who became obliged to be answerable for every quantity of meal, less or more, that should happen to be imported to Scotland upon the western coast, under the penalty of the value of the victual so imported, and that should not be seized, or the importers duly prosecute. This contract was to endure for three years, and was execute with such fidelity and diligence, that very soon after the commencement thereof all importation from Ireland was effectually stopped, to the great satisfaction and advantage of all the heritors of Scotland, whose rents for the most part depend upon the sale of victual.” The gentlemen who contracted with the Privy Council were at great expense beyond the Government allowance, and the extra expense was by Act of Parliament of Scotland of 3 March 1707 declared to be a public debt, and was paid accordingly, &c.
The contract not being renewed after the Union, the importation of victual from Ireland was not only begun as soon as the contract ceased, but whereas nothing but meal was formerly imported, for several years corns of all kinds have been imported in great quantities, and Ireland being a country that abounds with everything that is proper for the consumption of Scotland, black cattle and everything is brought plentifully. The country people on the coast find their advantage, and so encourage the importers that they are too hard for the judges or the Commissioners of Customs. The people have also enlarged their smuggling trade, and run immense quantities of brandy from Ireland and the Isle of Man. This smuggling being a great prejudice to the revenue, as well as grievous to all the heritors in Scotland, they (the magistrates) recommend a similar contract to be entered into, to that above referred to. Sir John Schaw, whose estate and interest lie upon the western coast, by whose activity and diligence the former contract was rendered effectual, would undertake again to serve. 1½ pages.
17 Nov. 39. Report of the Speaker of the House of Commons to the Lords of the Treasury on the petition of Paul Joddrell, Esq., Clerk of the House of Commons, praying to be paid 1,807l. 19s. 8d. for ingrossing public bills, making copies of bills, &c. for the service of the Treasury. Finds that the allegations are truly set forth. Submits that petitioner should be allowed 1,500l. for the services mentioned, and for keeping the journals of the House in a better manner than ever had been done by any of his predecessors, and for his faithful and diligent discharge of his duty as Clerk of the House of Commons since his Majesty's accession.
The petition and three other papers. 6 pages.
[? About
20 Nov.]
40. Petition of Lieut. Ralph Bethel to the Rt Hon. Robert Walpole, Esq. Was the first that discovered, and gave information, of the intended insurrection and subversion of Government, at Oxford, in the beginning of the late Rebellion; and gave evidence against Gordon, Doril, and Kerr, who were convicted and executed for receiving money from Adams, the cook, in Shoe Lane, for the Pretender's service. Was promised to be provided for, &c. Prays that some provision may be made for him.
Also a certificate touching petitioner's case.
Minuted:—“20th 9br 1724. See what has been paid to him by Mr Cracherode or any other person.”
On the back of the paper are divers notes of reports by Mr Cracherode as to payments made to the petitioner. 3 pages.
25 Nov. 41. Report of the Surveyor General (Pulteney) to the Lords of the Treasury on the petition and case of Simon Mayne, Esq., so far as the same may relate to his having a lease of certain tithes [in Dinton, in the co. of Bucks] therein mentioned. Finds that soon after the Restoration these tithes were, by Act of Parliament, vested in the Crown, upon the attainder of petitioner's father, and that in 1662, a lease of them was granted to Sir William Smith for 31 years at the rent of 5l., &c. States other circumstances in connexion with the above tithes which are issuing out of his own lands. Recommends a lease to be granted to the petitioner for 10½ years, to commence from Lady-day 1745, when the present lease will expire. 25 Nov. 1724.
Also the “case” and the petition. The former is minuted:—“Prepare a warrt for 200li.” 4½ pages.
25 Nov. 42. Report of A. Cracherode to the Lords of the Treasury on the memorial of Mary, the wife of William Prust, praying for the remaining part of 149l., being her husband's charges during the suit, depending in the Court of Admiralty, for the condemning of the ship “Revolution.” Their Lps had ordered him 100l. and promised the remainder when the ship was sold. Prust and his wife came over from Genoa to give evidence. Recommends that the balance be paid. 25 Nov. 1724.
Minuted:—“25 Novr 1724. Out [of] money arising by old stores.”
The petition and four other documents on the same subject. 7 pages.
1 Dec. 43. William Mowbray to —. The Comrs for Stamp Duties have agreed to purchase the chambers and apartments in New Square, Lincoln's Inn, for the use of the Crown. It will be necessary to have the premises conveyed to trustees for the use of the Crown, and to have the trust declared, and also to have other trustees named for vesting certain long terms for years that are to be assigned for protecting the inheritance. Is directed by the Comrs to desire his correspondent to mention the affair to the Lords of the Treasury, in order to know who their Lordships would have named as trustees on behalf of the Crown, &c. Essex Street, 1st Dec. 1724. 1 page.
10 Dec. 44. Report of the Comrs for Hackney Coaches to the Lords of the Treasury on the petition of James Cooke. The allegations are true, viz., that it is petitioner's business to take care of the house where the office is kept, to attend the Comrs on board days, to take in the complaints brought against hackney coachmen and chairmen, and to give out orders for coachmen to have new numbered plates in case they are worn out or lost, and to measure such distances as may be disputed. His salary is 40l. per annum, and the allowance for measuring is hardly above 5l. per annum. Recommend an additional 20l. per annum. 10 Dec. 1724.
Also the petition. 2 pages.
10 Dec. 45. Petition from the same Comrs to the same. Their salary was formerly 200l. per ann. The revenue from the 700 hackney coaches was then but 2,800l. per annum, and the Comrs salaries were reduced to 100l. per ann. There are now 800 coaches each paying 13l. per ann., and 300 chairs each paying 10s. per ann. The revenue is 10,550l. per ann., besides fines for offences, usually amounting to 100l. per ann. The salaries and incident charges seldom amount to 1,500l. per ann. The revenue and trouble are both increased. The receiver and others have applied for increase of salary, which the Comrs recommend. The Comrs thankfully acknowledge his Majesty's bounty and their Lordships favour for their present salaries (150l. per ann.), but ask for an advance. Same date.
Minuted:—“Read. 19 8br 1725.” 1 page.
10 Dec. 46. Report of the same Comrs to the Lords of the Treasury on the petition of Mr. Edward Wharton, as to an addition to his salary. Same date.
The petition referred to. 2 pages.
14 Dec. 47. Report of the Surveyor General (Pulteney) to the Lords of the Treasury on the proposed purchase of the estate of Mr Serjeant Darnell, consisting of a piece of ground in Windsor, whereon several coach-houses are built. Finds that the piece of ground agrees with Mr Negus's plan annexed. The buildings are slight and will cost about 600l. to fit them for his Majesty's service; and they may require to be rebuilt at the end of 20 years. In 1706 they were surveyed by the Surveyor General (Travers) and the Surveyor of Works (Sir Christopher Wren), and were valued at 2,200l., exclusive of the ground, which Mr Serjeant says is worth about 700l. Mr Serjeant informs him (the Surveyor General) that he holds the same with other premises by lease from the Dean and Canons of Windsor for 40 years, renewable every 10 years, &c. Gives other particulars of the way the property is subleased, &c.
Finds by the entries in his office and by the annexed certificate of Mr Auditor Jett's deputy, that in the lease granted by King William, in 1695, of several parcels of land at Frogmore, in Windsor, and of a farm called Shaw Farm, there is a proviso whereby his Majesty may resume four acres, part of a close of eight acres, adjoining to Frogmore House, for the building of a mews there, whenever his Majesty shall think fit, &c. The timber necessary may be furnished out of Windsor Forest. Mr Negus says it will be necessary either to build a mews on his Majesty's ground, or to take a lease of Mr Serjeant's mews, there not being a sufficient number of stables and coach-houses to be hired at Windsor, for his Majesty's accommodation when the Court is there. 14 Dec. 1724.
Six papers, including a plan and a report by Mr Negus, connected with the subject of the above report.
Minuted:—“17th Decr 1724. Read vid. min.” 12 pages.
15 Dec. 48. The vicar, churchwardens, and other gentlemen of the vestry of St Martin's in the Fields to John Scrope, Esq., one of the Secretaries to the Lords of the Treasury. Acknowledge the receipt of his letter announcing his Majesty's goodness in declaring that he will provide their new church with an organ at his own charge, for which extraordinary instance of his favour they are truly sensible, and it will be their constant endeavour to support the honour and interest of his Majesty and the Royal Family, as they have declared more at large in a minute entered in their vestry book. Have concluded an agreement with Mr Shrider, who is reputed a skilful and experienced organ builder, and serves his Majesty in that capacity; and whose draft of an organ for their new Church, and estimate of the charges of it, have been examined and approved of by the ablest and fairest judges. Fifteen hundred pounds will be necessary to comply with the agreement, and they beg that that sum may be paid to the Rev. Dr Pearce, their vicar. St Martin's in the Fields, 15 Dec. 1724. 2 pages.
19 Dec. 49. J. Burchett to the same. Has communicated to the Lords of the Admiralty the letter and papers touching the demands of Col. Philips, for building, manning, and maintaining a sloop for the service of the government of Nova Scotia. The Lords of Trade have given their opinion to the Lords of the Treasury that either a small ship of war should be appointed to attend the Colony, for the safety of the coast and prevention of illegal trade, or that the governor should be allowed the hire of a sloop for that purpose. The Lords of the Treasury being of opinion that the Governor Col. Philips's charges should be reimbursed by the Navy, he (Mr. Burchett) is commanded by the Lords of the Admiralty to say that they conceive the expense of the sloop ought not to be defrayed out of moneys granted for the Navy, and that when vessels have been fitted out by the Governors of his Majesty's Islands or Plantations abroad, the inhabitants have borne the charge thereof. Is further directed to say that when ships shall-be sent to guard the Newfoundland Fishery, one of them will, as in the last year, be appointed to attend on Placentia and Nova Scotia, so long as the fishery doth last, for in the winter season no ship can be of any service in those parts by reason of the ice. Returns the papers and accounts.
Also the letter of the Board of Trade and “Journal of His Majesty's vessel the “William Augustus” in the service of the Government of Nova Scotia, for the perusal of the Rt Honble the Lords Commissioners for Trade, &c.” 14 pages.
22 Dec. 50. Lord Lieut. of Ireland (Carteret) to the Lords of the Treasury. Transmits a memorial from Thomas, Lord Southwell, praying for a pension of 400l. per ann. Recommends his Lordship as a person very deserving of his Majesty's favour. Dublin Castle, 22 Dec. 1724.
The petition referred to. States that petitioner's father, who was a zealous promoter of the establishment of the Palatines in Ireland, granted leases for three lives to them upon his estate in the county of Limerick, by means whereof they have become a flourishing Protestant Colony. Petitioner's father was mistaken in his notion of the power given him by his marriage settlement, he being thereby enabled to grant leases for no longer term than 21 years. Memorialist, for the strengthening of the Protestant interest, and in compassion to the distressed strangers, was willing (although to his great loss) to confirm their leases, although he might lawfully have avoided the same.
Five other papers relating to the same matter.
There is a long docket on the back ending:—“it does not appear that Lord Southwell put other tenants out, to let the Palatines in; but if so, all loss seems to be repaired by the 1451li. paid as above [i.e., out of the revenues of Ireland]. Planting people on an estate savours much more of improvement than loss. The loss here is said to be 192li. 7s. p[er] ann. Yet 400li. p[er] ann. pension proposed; tho' the real yearly value of the whole estate, supposing it had been set without loss, is but 463li. 17 p[er] ann.” 12½ pages.
31 Dec. 51. Comrs of Forfeitures to John Scrope, Esq. Send, in answer to his letter, an abstract of the accounts transmitted to the Lords of the Treasury from Scotland “between the York Buildings Company and the public.” Touching claims on the estates bought by the Company. 31 Dec. 1724.
Also the abstract referred to. 7½ pages.
[? 1724.] 52. Memorial of the managers appointed to take in and enter the tickets of the Lottery 1723, and deliver out certificates in lieu thereof, to the Lords of the Treasury. The office has a complicated work to perform, and the managers have not only expended the 600l. ordered on 6 Dec. 1723, but the further sum of 21l. 2s.d. Ask for a further sum of 600l. for incidents.
Minuted:—“Wt signed.” 1 page.
[? 1724.] 53. Memorial of the late Comrs of the Forfeited Estates in England to the Lords of the Treasury. The Governor and Company for raising Thames water in York Buildings, contracted with memorialists for the purchase of part of the Lord Widrington's estate in the county of Northumberland for 57,000l. The Company have not completed their contract, but have paid money on account. There was due to the public on 25 Dec. 1723, 8,930l., and for interest unpaid 4,948l. 6s. 10¾d., besides interest for the 8,930l. from 25 Dec. 1723.
Also the copy of contract and account. 4 pages.
1724 or
54. Memorial of John Sydenham to the Lords of the Treasury. Has ever since Sep. 1, 1723, attended their Lordships, and prays to be reimbursed for his expenses in attending expeditions on wrecks to the amount of 459l. 10s. Is out of pocket 249l. 19s. 7d. It was their Lordship's intention that he should have 5l. per cent. on the whole, but by a mistake of the clerk, he has received no more than 10s. per cent., by which he will lose above 830l. Prays payment.
Also the account. 4 pages.
[1724.] 55. Schedule of sums payable, or paid, to persons engaged at the Congress of Cambray about the “Treaty of Cambray.” [? During the year 1724 after April.] 1¼ pages.
1724. 56. Memorial of the late Comrs and Trustees for the sale of Forfeited Estates in England to the Lords of the Treasury, praying payment of half a year's salary. The power of selling the estates determined at Michaelmas 1723; but other powers continued and they had to attend above six months later. (Signed.) 1 page.
1724. 57. Another petition from them for a quarter's salary. 1 page.
[1724.] 58. Petition of Joseph Cagnoni, James Antonio Migliorucci, and Anthony Francis Bartolini, merchants. Are natives of Florence, and reside in London for trade purposes. By the late Act, intitled “An Act for granting an aid to your Majesty as well by a land tax, as by several subsidies and other duties payable for one year,” petitioners are not exempted from taking the oaths of allegiance and supremacy, or paying double taxes. Pray that the Comrs or assessors of the duties in London may exempt them from paying the double taxes. English merchants living in Leghorn and Florence are never required to take any oaths, nor are subject to forfeiture or double taxes. [1724. The Act passed in that year. See Historical account of Taxes under all denominations, page 370.] 1 page.
1724. 59. “A plann of Port Royall in South Carolina 1724.” 1 double page.
[1724.] 60. Memorial of the Rt Hon. Charles, Earl of Arran, to the Lords of the Treasury. A pension of 5,000l. per ann. was granted to James, Duke of Ormond, for 15 years from Midsummer 1713, to pay his debts, &c., which pension was assigned to Archibald Hutcheson, Esq., John Cotton, Esq., and Alexius Clayton, Gent., for securing several of the Duke's debts. The Duke was attainted of high treason, and his estates vested in Comrs. Memorialist is declared purchaser of all the estates for 50,000l., subject only to such debts as are charged thereon. At Mich. 1721 the arrears of the pension were sufficient to pay the debt of 30,244l. 10s.d. Prays that the 21,136l. 8s. 4d. still due to Hutcheson and the others may be paid. Memorialist is willing to discharge the remainder of the 50,000l. purchase money. 1 page.
1724. 61. “Memorial of the three Macers of the Court of Justiciary in Scotland 1724” to the Lords of the Treasury. Pray for payment of their salaries at 5l. a year reported on in 1720 and since unpaid, and also for 99l. 7s. 9d. for serving criminals with indictments, summoning juries, &c.
Also copy of a report of the Barons of the Exchequer of Scotland on the same subject. 2 pages.
[? 1724.] 62. Memorial of Sir James Mackenzie, of Roystoun, Sir William Calderwood, of Poltoun, and David Erskine, of Dun, three of the Judges of Justiciary, to the Lords of the Treasury. “By the eldest laws in Scotland, the Justices General and his Deputies are bound to hold the Justice Airs, or Circuit Courts, twice in the year, viz., spring and harvest. By Act 3 Sess. 3 Parl. Ch. 2, entitled Act for regulation of Judicatories, the Court of Justiciary is to consist of the Justice General, Justice Clerk, and five Lords of Session, and all of them invested with the same and equal jurisdiction and power in all criminal causes. By the same Act circuit courts are to be kept once a year,” &c. “Until the Union these Courts were not regularly kept,” but upon the Union, the old laws were revived, and each of the judges had an allowance of 200l. sterling, for charges of each circuit. By Act 10 Anne the circuit courts were to be kept once a year, and by subsequent establishments each judge was only allowed 100l. Upon the death of Sir Gilbert Elliot, of Minto, who died in the beginning of May, 1718, Sir James Mackenzie kept the western circuit alone. Relate other instances of the circuits being kept alone. The judges are at great charges, and when one judge goes and keeps the courts the charge is equal to when both go.
The pension of the five judges is no more than the old salary of 100l. per ann. to each. Pray that his Majesty will order each of them the other 100l. Also pray that when they go the circuits alone, they may have their colleagues' allowance. [? 1724. His Majesty's letter of 16 March 1723 is mentioned.] 3 pages.
[? 1724.] 63. Memorial of Walter Chetwynd, Esq., Paymaster of H.M. annual pensions and bounties, to the Lords of the Treasury. Is accountable at the Exchequer for sums under 30l. per ann., and for charities, and the annual sum of 15,000l. payable to the French Protestants. Prays payment of the poundage paid by him at the Exchequer at 6d. in the pound, amounting to 2,505l. 9s. 1d. [After Christmas 1723.] 1 page.
[? After
64. “Sir Alexander Anstruther's case.”
Upon the “information given against him in October 1724 for washing and diminishing the coin of the Kingdom, he was removed from the Fleet (where he lay for a debt due to Mr Christie) to Newgate, where he has remained ever since, in a deplorable condition, having been put among the common malefactors,” he was exposed to hardships which at his advanced age have brought so many infirmities upon him, that his life is in great danger. His Majesty having pardoned him his crime, a warrant was signed by the late lords justices, but the signing of the bill was stopped on account of a dispute between the warden of the Fleet and Mr Christie, as to whether Sir Alexander would not be freed from the debt by the pardon. Prays that he may enjoy the benefit of the pardon, and that he may be “relieved” out of Newgate, where he now is in irons. 1 page.
1721 and
65. Copy of a letter of the Lord Chancellor (Macclesfield) to the Lord [Chief Justice?]. His Majesty has declared his desire that advantage should be taken of the yearly meetings of Parliament, to frame useful laws for the benefit of his subjects in their private property and commerce, and for the encouragement of industry and the easy redress of fraud and oppression, and that the annual provisions for securing the public peace may be constantly accompanied with one or more of such laws. As the exercise of the royal authority in the administration of justice is in so great a degree deposited with his Lordship, and the rest of the Lords, the Judges, and as his Lordship's wisdom and experience must discover what are the defects, and what may be the improvements of the laws in being, and as his Lordship is considered to be his Majesty's counsel in affairs of that nature, his Majesty signifies his pleasure that his Lordship shall consult with the rest of the judges, and consider what alterations in the old laws or additions of new ones (relating to property, contract, frauds or the administration of justice, or other heads, which may occur to him) may be of public service, and prepare the same for the consideration of Parliament. This may prove a long and difficult work, and his Majesty is far from expecting it to be done at once; but his pleasure is that it be immediately set about, so that something may be offered to the approaching session, and so successively in every session till the whole shall be accomplished. Leaves it to his Lordship's discretion, but there is one particular which he (the Lord Chancellor) has often reflected upon as requiring especial attention, and that is the Law of Executors, which now stands so that it is difficult for an honest executor to be safe, or for a dishonest one to be brought to justice. Wishes it should be taken into consideration as soon as convenient, but does not expect it this session. Their Lordships will probably begin with something which may be sooner perfected. Undated, but between the creation of Lord Macclesfield 1721 and the end of his Chancellorship, Jan. 4, 1725. 2 pages.
[? About
66. Petition of Martha, widow and administratrix of Robert Inwood, deceased, to the Lords of the Treasury. Petitioner and her husband were at the Court of St Germains in the service of King James after his abdication, and before the plot to assassinate King Will. III. Her husband had very great advantages of being let into the secrets or mystery of the affairs then and there contriving against King William. On his return to England, caused a full discovery of these plots, and in pursuance thereof Thomas Pyke and others were convicted of high treason and executed, and sundry noblemen's estates “were confisticated” through petitioner's husband's information. For his services he received a pension of 50l. per ann. Her husband died in Feb. 1722, leaving four children. Asks for their Lordships' bounty. 1 page.
but ? 1724.]
67. Petition of the Hon. Janet Ker, alias Murray, widow and sole executrix of Lord Charles Ker, late director of his Majesty's “Chancellary” in Scotland, in behalf of herself and her eleven fatherless children, to the Lords of the Treasury: praying to be paid the losses sustained by her husband since the Union: viz., at 143l. 7s.d a year from 1 May 1707 to 10 March last (the time of her husband's death), amounting to 2,417l. 12s. 7d. Undated but the amount would show it to be seventeen years after 1707.
Enclosing copy of an earlier petition and report. 4 pages.
[? 1724.] 68. “A state of the case as to Mr Townley, the late cashire of the Wine Licences,” apparently submitted for counsel's opinion to ascertain if the Comrs could proceed against him and the heirs of Moor, his surety, so as to get judgment. Undated, but after July 1724. 3 pages.
69. [Anonymous] to Rt Hon. Robert Walpole, Esq. Encloses for consideration the case of Francis Sirr, a silk merchant in St Clement Danes, who was defendant in an action against John Snow, an informer. The offence charged on the defendant was receiving run goods. Undated, but apparently before Walpole was made a Knight, and after 1722–3. 6 pages.