Volume 253: June 1-December 25, 1725

Pages 342-376

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

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June 1–December 25, 1725

1 June. 1. Order in Council on the petition of Martha, the widow of Sir Robert Johnson. Her husband was commander of several ships of war, and on his return from a squadron of ships sent to the East Indies to destroy the pirates he, with two of his sons, and all his effects, was lost in the great storm at the Cape of Good Hope, and the petitioner is left with four young children in the greatest distress. Prays for a pension. His Majesty in Council, looking upon petitioner as an object of compassion, refers the petition to the Lords of the Treasury.
Also the copy of her petition.
In the Minute Book, vol. 25, p. 70, 9 July 1725, is:—“An Order of Councill of the 1st June 1725, referring a peticon of Martha, the widow of the late Sr Robert Johnson, who was heretofore Commander of several ships of warr in the Royal Navy, was read, and as the same concerns a penc[i]on to be out of the Civil List for her relief, my Lords are of opinion the Rules of the Navy with respect to penc[i]ons may better be dispensed with in the petitioner's favour than the Kings Civil List be burthened therewith and order a Report (if called for) to be made to the Council accordingly.” 3¼ pages.
2 June. 2. Report of the Lords Comrs of Trade to the King on the petition of William Toshach, merchant and inhabitant of Placentia in Newfoundland, who states that he was possessed of a large dwelling house near the point of the great Beach, at Placentia, and the same (in A.D. 1720) was taken up by Col. Gledhill, the Lieut. Governor, for H. M. use and comprehended within the new fortifications there; whereby petitioner has lost 80l. sterling, for which he asks to be reimbursed. The Lords of Trade admit that the house has been demolished, and that the grounds are included within the limits of the new fortifications, and that satisfaction should be made to the petitioner.
There are also two nicely executed plans:—(1.) “A plan of the Settlement of Placentia with the names of each inhabitant in the French time and the number of Chaloupes of Grave each planter possessed mark'd to their possessions.”
(2.) “A particular Plan of the Fort and Settlement of Placentia.” 2 pages beside the plans.
3 June. 3. “The conditions on which Sir John Evelyn is willing to dispose of six acres, three roods, and thirty poles of his land; being part of the Little Crane Mead, and other lands adjoining to his Ma[jes]tys Dock Yard at Deptford and part with his way to the Thames for the enlarging and accommodating the said yard.”
On the opposite page are:—“Navy Office, 3 June 1725. The Navy Board's observations on Sr John Evelyns proposals.”
In the Minute Book, vol. 25, p. 85ƒ, 28 July 1725, is:—“Mr Surveyor General and Sr John Evelyn attending, are called in, and Mr Surveyor's Report of the 9th of June last on Sr John Evelyn's peticon for the fee simple of certain lands at Deptford, as also Sr John Evelyns observacons thereupon, whereby he would lessen the value rated by the Surveyor for converting his term of years in that estate, into an inheritance, pursuant to an Act of Parliament in that behalf are read, and my Lords upon considerac[i]on thereof do agree to the Surveyor's Report in omnibus, except the 160li rated by the said Surveyor for the value of about 200 young elms growing on the premises which is to be remitted to Sir John and that because they are esteemed as ornamental to the House at Says Court.” 2 large pages.
3 June. 4. Certified copy of the memorial of James Carstairs to the King, and of the reference thereupon to the Lords of the Treasury. His Majesty, pursuant to a clause in an Act of Parliament investing the forfeited estates, &c., granted the estate of Kilconquhar to James Carstairs, subject to the payment of the debts affecting it, and reserving power to revoke the same grant. Found that nothing less than a sale of the estate would enable him to answer the chief end of the grant, namely, the payment of the debts; and a sale could not be accomplished while the grant continued. His Majesty referred the matter to the Advocate; who reported that the power of revocation, by hindering a sale, would disappoint the intention of the grant. There were other difficulties which could only be remedied by a clause in an Act. Memorialist has found a purchaser who is satisfied with the title. Prays that the King will discharge the grant of the power of revocation.
The Minute Book, vol. 25, p. 107, 21 Sept. 1725, states that the petition was read, “And my Lords say it will be a ‘president’ and of ill consequence, and they cannot advise the doing thereof.” 3 pages.
11 June. 5. Surveyor of the Woods (Ch. Wither) to the Lords of the Treasury. Has caused Swinly Walk and Lodge in Windsor Forest to be carefully surveyed, and has informed himself of the works and plantations which his Majesty has ordered to be made there for the increase and preservation of the game. Finds that many acres of land are to be ploughed and sown with different sorts of grain, hurdles and gates to be made, &c., which cannot be reduced to a certain estimate. Proposes that he may be authorised to defray the expenses up to Michaelmas out of wood sales, and then to lay a bill of expenses before their Lordships, with an estimate of the annual allowance for the future. 1 page.
11 June. 6. Report of A. Cracherode to the Lords of the Treasury on the petition of Oliver Spurrell, shipwright, who had sued Elizabeth Bolton, late of Chatham, Kent, widow, on a bond, and obtained an outlawry against her. A leasehold belonging to her by inquisition was found to be worth 116l. 9s. On its sale by the sheriff it realised 105l. This latter sum the petitioner prayed might be paid over to him toward satisfaction of the debt of 165l. Advises that an order of court should be obtained to pay over the 105l. (certain deductions being made).
The petition and an affidavit. 4¼ pages.
[? About
14 June.]
7. Petition of Thomas Bryan, Keeper of his Majesty's Gaol at Horsham, Sussex. Asking to be paid his great expenses in carrying to London and bringing back Edward Jarvis, alias Thompkin, and Thomas Stoker, two notorious smugglers, who removed themselves by habeas corpus to evade the punishment of the law, and were by the Court of King's Bench remanded to Horsham Gaol and remained there until transported.
Minuted:—“14th June 1725. To be paid by Mr Cracherode.” 1 page.
[? About
14 June.]
8. Petition of Joseph Wight and John Merest, under clerks attending the service of the House of Lords, to the Lords of the Treasury. By their service in the House they are incapable of other employment. They have no fees, and their perquisites so inconsiderable as not to be a competent maintenance, and, since the late repairs done to the Parliament office, their assistance to digest and sort the Records and papers therein has been required, for which no reward is given, nor have they any allowance whatsoever for public business.
Also a paper in relation thereto entitled “Extract of a report in relation to the Parliament office &c.”
On the back of the petition is:—“There are no less than four under clerks of the House of Commons, who have 50li a year salary a piece.”
Minuted:—“June ye 14: 1725. Read. Nothing can be done.” 3 pages.
[? About
14 June.]
9. Petition of William Wynne to the Lords of the Treasury.
Petitioners father, Dr Owen Wynne, for his services abroad and at home, obtained a lease for 31 years at 9l. a year rent of the “original seal of Anglesey, Carnarvon, and Merioneth, and of the prefines on fines and recoveries acknowledged and suffered at the Grand Sessions, held for the three counties. Petitioner's mother surrendered the lease and obtained a new lease for 31 years. Prays for a concurrent lease for 21 years.
Minuted:—“June ye 14th 1725, read, & nothing done therein.” 1 page.
19 June. 10. Report of the Attorney General (Sir Philip Yorke) to the Lords of the Treasury on the petition of the Wardens and Commonalty of the mystery of Goldsmiths of the city of London. The petition sets forth that the petitioners, being empowered by several acts of parliament to assay and mark at Goldsmith's Hall all sorts of manufactured plate, to prevent the fraud of the works thereof, have, for several reigns past, kept an Assay Office at their Hall, with an Assay Master, an Assistant, a Weigher, and Drawer, and provided furnaces, coals, coppells, and all other tools and materials necessary for the same. Towards defraying the great charge thereof they have usually taken four grains upon every pound weight Troy, being about one half penny in value; and for about seven years last have, by agreement made with the most considerable small workers, taken for every sword hilt so assayed and marked, being five pieces, sixpence; for every snuff box, three pence; for spurs, two pence; for buckles, one half penny; and proportionally for other small wares. Notwithstanding all which allowances there hath been a constant deficiency of about 200li per ann. The petitioners present circumstances render them incapable to support the charge any longer, more especially as they are prosecuted by way of information for taking the said allowances, which will occasion the shutting up of the Assay Office, to the lessening of H. M. revenue, and the great detriment of his subjects in general. The petitioners pray their Lordships to grant their warrant of noli prosequi to the Attorney General on the information and for further relief.
Upon a hearing of the matter on both sides, the case seems to be that the Company had been a Guild or Corporation by prescription, with certain privileges confirmed and enlarged from time to time by charters; that the “Franchise” of touching and assaying wrought plate or manufactures of gold and silver is vested in the Corporation by Act of Parliament and by Charter; for by the Statute 28 Ed. I. ca. 20 it is ordained that no Goldsmith of England nor elsewhere within the King's dominions shall from thenceforth make any manner of vessel or other thing of gold or silver, except it be of good and true “Allay,” that is to say, gold of certain “Touch,” and silver of the sterling allay or better, at the pleasure of him to whom the work belongeth, and that none work worse silver than money, and that no manner of silver depart out of the hands of the workers until it be assayed by the wardens of the craft. And further that it be marked with the Leopard's head, and that they work no worse gold than of the “Touch” of Paris, and that the wardens of the craft shall go from shop to shop among the goldsmiths to assay if their gold be of the Touch before mentioned.
And by letters patent of 3 Feb. 20 Hen. VII. the King grants to the wardens and commonalty the right to search, survey, assay, and and govern the gold and silver worked, or to be worked, in London and elsewhere. From which it appears that it is not only a privilege, but a duty laid upon them.
It does not appear by an Act of Parliament or charter that the Company has been expressly empowered to take any particular fee for assaying; but it was admitted on all sides, and is proved by affidavits annexed, that from time immemorial, until about 1716, the fee constantly taken and not disputed for assaying and marking all silver work has been four grains in the pound troy. Though the Company was satisfied with this as a compensation for large plate, they complained that it was not adequate for assaying and marking toys and other small wares, a great number whereof go to a pound troy. This caused some backwardness and neglect in the officers of the Company in receiving such small wares, and the artificers did not bring their work to the office to be assayed and marked, and they made it of baser alloy than by law they ought. Hereupon a petition was presented (copy annexed) to the Committee of the Company in A.D. 1716, signed by fifteen artificers in small wares, being members of the Company, complaining of this abuse, and asking that they should cause the same to be marked. The Company gave public notice that all artificers and foreigners in or near London should enter their marks and bring their works to the Hall to be assayed.
After this notice another paper (copy annexed) was presented to the wardens and assistants of the Company, signed by 25 persons. They complained that many inconveniences would attend the allowance of the assay and touch to foreigners; that it was contrary to the byelaws of the Company, and an invasion of the privileges of the freemen, and they were advised that it might lawfully be refused to foreigners. They prayed that it might not be allowed. They have a proposal to offer to keep out all foreigners from the assay and touch, and to punish all freemen who bring foreigners' works to the Hall to be touched. It appears to him (Sir Ph. Yorke) that a considerable number of artificers, being freemen, after a meeting, proposed to the Committee the following rates, viz., threepence for assaying and marking each snuff box, one halfpenny a pair for buckles, and sixpence for every sword hilt, and from this time the Company's officers have taken these rates, and twopence for each pair of silver spurs. Notwithstanding the representation and proposal, does not find that the company made any progress in “excluding persons not free from the assay and touch” nor does he conceive “that it could be done by law.” The Company's officers continuing to insist on the new rates an information was filed against the assay-master for extortion. It was argued that the offence, if criminal, was the offence of the Corporation, and that the taking the new rates was upon the proposal of the artificers themselves. It was argued that these were only reasonable reward for the labour involved. For the prosecutors it was contended that the rates were extortionate, and that the former allowance was sufficient. However this may be, the rate of four grains per pound troy is a fee established by prescription or usage, and though the circumstances of times and the value of money may alter, that will not authorise the increasing the fee; but such increase will be extortion. In this case the increase is exorbitant, amounting in some instances to above twenty times as much as was taken before. The profits of the assay office do amount to more than is represented by the Company, for the produce of private assays is omitted out of the computation, and that alone amounts to 150l. per ann. It would be dangerous to suffer fees to be increased upon such computations. The public is concerned in the redress of this grievance, for the increase falls on the buyer and lessens the export. The information was granted upon motion and on hearing counsel for the petitioners, and in such cases the staying proceedings by noli prosequi is very unusual. Is of opinion that his Majesty or the Lords Justices, by warrant, should order a noli prosequi to be entered to the information, provided the Company give assurances that for the future they will take no more than the ancient fees, &c.
Accompanied by the petition and twenty one other documents, chiefly affidavits, relating to the case. 56 pages.
19 June. 11. Report of the Surveyor General to the Lords of the Treasury on the petition of the Governor and Company of Chelsea Waterworks, who, petitioners say, having been encouraged by Royal Charter, have undertaken to supply the city of Westminster and parts adjacent with water, which (by reason of the great increase of new buildings) is now much needed. Petitioners say that they have so far succeeded as that they intend forthwith to make reservoirs of water to supply the buildings; but they cannot have a proper place to make a reservoir to supply his Majesty's palace at St James and the middle and lower parts of Westminster unless his Majesty will permit them to use the canal or bason lately made in St James's Park, over against Devonshire House, and the old pond adjoining to the Deer Pen Grove; therefore they pray to have the use of the canal and pond, and that they may be permitted to lay a main or mains from their machines through the park to the pond and canal, and from thence to the proper places, to serve his Majesty's palace and the streets adjoining. Has been upon the place with Mr Negus (the present Governor of this Company), and finds that the petitioners propose to lay their mains from the Park gate next to Buckingham House, and to carry them (with a little sweep) within thirty six feet of the iron rails of the house, in a straight line, of about 1,575 feet, to the head (or south east corner) of the said old pond, and from thence in another straight line of about 840 feet to the head (or south west corner) of the said canal, and from thence to carry a main through the north east corner of the park wall into Piccadilly Road, as is shown by their annexed plan: for the performing of all which works the ground to be broken up is not to exceed six feet in breadth in any part thereof, and the mains are proposed to be of the thickness of four inches from the bore. Which (considering that (as they say) the head of the old pond is not above ten feet higher than their works, and that the canal is not above seventeen feet higher than the pond, and that the distance from the pond to the canal is not great) if due care be taken in the choice of the timber wherewith those mains shall be made, they may so resist the force or weight of the water (which won't be great) as not to want mending in many years.
Their mains being laid in the manner before mentioned, all that upper and most open part of the park which lies south of Hyde Park Road will be preserved from being broken up.
This undertaking may be of great convenience to many of his Majesty's subjects in and about Westminster; and if the petitioners are allowed the use of the canal and old pond for reservoirs his Majesty's palace of St James's may be constantly supplied with a sufficient quantity of water, not only for common use, but for a fountain or other waterwork in the garden of the palace: besides that the canal (which is now dry) and the old pond being kept in good repair and full of water, will be an ornament to the park, and of service in case of fire. If their Lps advise his Majesty to gratify the petitioners, a licence may be granted to them to lay their mains and to make use of the pond and canal for reservoirs of water and to carry it into Piccadilly Road. The same to be held during the King's pleasure.
In the Minute Book, vol. 25, p. 69d, is:—“Mr Pulteney the Surveyor General's Report of the 19th June last, on the petic[i]on or the Chelsea Waterworks Company for permission to dig and lay mains from the machines to the pond in St James's Park near Devonshire House as well for the benefit of the King's Palace as of the Streets adjoyning is read and agreed to.”
Also the petition and a draft of the plan. 4½ pages.
30 June. 12. Report of the Attorney General (Yorke) to the Lords of the Treasury on the petition of the Rector and the rest of the gentlemen of the vestry of the parish of St James, Westminster, which sets forth that by conveyance made under letters patent of 4 April, 6 Will. & Mar., the parish of St James is seised in fee of a small piece of ground inclosed with a brickwall, and formerly part of a piece of ground called Pauletts Garden, near the Pest House Ground, in that parish; the same to be used for a burying place only. The petitioners find it necessary to erect a workhouse for such of the poor as can work, and to erect a convenient building for those of great age or suffering from infirmity; and they are desirous to erect such building on a small part of the burying ground, and pray for the Royal licence to enable them. Confirms the petitioners representation of the case. States in addition that the piece of ground has not hitherto been consecrated. Has no objection to what is prayed, and advises how it may be done.
In the Minute Book, vol. 25, p. 70d, 9 July 1725, is mentioned that the Attorney General's report is “read and agreed to.”
The petition referred to. 6 pages.
1 July. 13. “Equivalent Compys Memll for ye balla yt shalbe struck on the Recrs Accts to be paid over to the Company.” The memorial is signed by John Mounsey, Secry. The moneys are payable out of the revenues in Scotland, and his Majesty's warrant is prayed that the balances may be paid over to the Company.
In the Minute Book, vol. 25, p. 65, mention is made that the memorial “is read and is to be considered at another time.” 1 page.
7 July. 14. Memorial of Diana Spencer on behalf of the Duchess of Malborough to [the Lords of the Treasury] as follows:—“Some years ago Mr Lowndes measured the buildings in the Pall Mall to the passage, that turns into Marborough House, and upon examining the Leases to those houses from the town, he told the Dutchess of Marlborough that they had encroached eight foot into the breadth of the way to her house; and since this report they have built out several sheds, and made cellars, which does not only make it yet narrower, but from their setting out benches, and drays coming to carry things into the cellars, it is sometimes difficult for two chairs to pass through it; and besides this they let stalls for herbs & stinking things that is a nuisance in the passage to the house. It is not certain that it is in the Treasury's power to pull down all that they have built beyond their grant; but the Dutchess of Marlborough desires no more than to have the passage remain as it was, without encroachments, according to the plan ānexed to her grant from the crown; and if she might humbly propose what would presently be set right & do her justice, it wou'd be only for the Lords of the Treasury to signify that the leases are forfeited by that encroachment of eight foot; but that they will not pull their houses down, if they will themselves pull down those things which they have encroached since this reign.”
In the Minute Book, vol. 25, p. 82o, 22 July 1725, is:—
“Write to the Surveyor acquainting him with the Dutchs of Marboroughs complaint about the encroachments and means that people have taken, by building sheds, making cellars and setting out benches, to narrow the way to her House, at least 8 foot, and desire him to examine thereinto and take such measures as may legally be taken for removing the same in case the Crowns Right be concerned therein.” 1 page.
[? About
9 July.]
15. Complaint of the Under-Keepers of Cranborn Chase, within the Forest of Windsor, to the Earl of Carlisle. Col. Causby has paled in one hundred poles of his own ground, besides three poles which he has encroached in the chase; and there are 7,000 sheep and upwards turned on the chase all the year round, which are much above the number allowed, being only two sheep to an acre. There is no pound to which the distresses may be driven. By reason of the premises, that part of H. M. forest has become much worse, and his Majesty's deer, having no feed there but what is tainted by the sheep, go into the purlieus, where they are destroyed: pray that the feed may be preserved.
In the Minute Book, vol. 25, p. 71q. 9 July 1725, is:—
“Send the petic[i]on of the Underkeepers of Cranburn Chase” &c. “to the Surveyor of the Woods to consider and report.” 1 page.
9 July. 16. W. Thompson, Governor of the Bank (of England), to the Lords of the Treasury. Their Lps contract with the Bank for circulating the present Exchequer Bills determines on the 25th inst. Craves to know their Lps sentiments as to a new subscription from their proprietors.
In the Minute Book, vol. 25, p. 70ƒ, it is mentioned that the above letter was read, “and my Lords, having the terms of the last Contract read to them, do agree that a contract be renewed with the Bank for another year upon the like terms.’ [The terms are set out.] 2 pages.
15 July. 17. Report of George Turbill [? should be Turvill], “Cust. Recorder” &c., to the Lords of the Treasury. Has inspected the register of the real estates in England, Ireland, and elsewhere (except Scotland) forfeited for treason, and vested in the Commissioners and Trustees, and also the register of the contracts entered into by the Comrs and Trustees with the respective purchasers for the sale of the Estates: and finds that all the estates were contracted for and sold before 29 Sept. 1723. But several estates given or devised to Popish or superstitious uses were seized by the Comrs and Trustees (particulars annexed), which estates pursuant to Act “7” [Geo. I.] have been certified into the Court of Exchequer. Has annexed a state of the account between the public and the York Buildings Company of and for the money contracted by Christian Cole, Esq., on behalf of the Company to be paid for the purchase of part of the late Lord Widdrington's estate, which is all the estate purchased from the Comrs and Trustees acting in England for the Company, &c. No part of the purchase-money contracted to be paid for any other estates sold by the Comrs and Trustees remains unpaid, except 1,620l. (being four-fifths of 2,025l.) contracted to be paid for the purchase of the tythes of Bucklebury, in the co. of Berks ([which are] part of the late Lord Bolingbroke's estate). No profit will accrue to the public from that estate.
Also the two enclosures mentioned, the first of which is entitled:—“Account of Estates of Papists as Registred pursuant to an Act made in the ‘First’ year of his Majesty's reign.”
The minutes in connexion with this report are entered in the Minute Book, vol. 25, pp. 68e and 72c.
A subsequent minute is also entered at p. 75c, finishing:—“My Lords order that the said company do attend them on Wednesday next at 11 in the forenoon and bring them an account stated in their way of the purchases made by them, and the debt remaining due thereupon.”
And the following minute on the same page marked c touching the above paper:—“Write to the Barons of the Exchequer, taking notice of the Estates given to Popish and superstitious uses, which have been certifyed by the Commrs into the Court of Exchequer, and know of them what care is taken about recovering the same for the use of the publique as the Act of Parliament in that case hath directed.” 5 pages.
15 July. 18. Memorial of Samuel Lynn, Esq., late Muster-Master General of the Marine Forces, to Sir Robert Walpole, K.B., Chancellor of the Exchequer, and the rest of the Lords of the Treasury, for certain warrants to be made effectual to compel Sir Roger Mostyn, formerly Paymaster of Marines, to pay 799l. 13s. 11d. due to memorialist for the contingencies of his office, &c. 1 page.
20 July. 19. Memorial of the Comrs of Customs (Scotland) to the Lords of the Treasury. By their memorials of the 23rd of October and 19th of November last they represented the difficulties that attended their officers in doing their duty in this country from the daily insults and abuses of the smugglers and the common people, who are too ready, upon all occasions, to assist the unfair traders and oppose the officers in the execution of their duty. Have received several complaints since from their officers of the continuance of these abuses, and particularly from John Norman, a land-waiter at Irvin, who, on making a seizure of a considerable quantity of goods, had them forcibly taken from him; although he had a small party of the King's forces to assist him, the “rabble were so great” that he and the soldiers were unmercifully beaten and wounded, as their Lordships would observe by the enclosed letter.
The memorial further states:—“the insults which the officers dayly meet with, together with the late behaviour of the people of the Town of Glasgow, give us great reason to apprehend that unless the civil magistrates are more hearty in putting the laws in execution against such as publickly abuse the officers of the revenue, and interpose their authority in protecting them in doing their duty (as the Laird of Blair has done in this case), it will be impossible to levy the King's duties in this country without the assistance of military forces.” Custom House, Edinburgh, 20th July 1725.
Accompanied by the letter above referred to, which gives a detailed account as well of the seizure of a considerable quantity of Dutch soap at Pitcon, about six miles from Irvine, and at Crawfield, about two miles further; as of the fight with the rabble, from whom they were obliged to retreat, being greatly outnumbered and beaten. The Laird of Blair rendered them great help and sheltered them in his house. Norman, the writer of the letter, acquainted his Excellency General Wade and the Lord Advocate with the whole affair, seeing they were so near at hand; and at the writer's coming to Glasgow he acquainted Major Gardiner (commanding the Earl of Stair regiment) with the whole, who forthwith introduced him to the General and the Lord Advocate. The General is very pleased at their conduct, though in a passion at what had otherwise happened, and said he would give orders for a whole troop of the Earl of Stair's regiment to be quartered in that country.
In the Minute Book, vol. 25, p. 83 (27th July 1725), is:—“Commrs of the Customes in Scotland. Memorial of the 20th instant, representing the insults and abuses their officers meet with from the smugglers; particularly about a quantity of goods clandestinely imported, and forcibly taken from John Norman, Landwaiter at Irvin, after seizure: and intimating the heartiness of the Laird of Blair in putting the laws in execution, is read. Write to the Commrs to prosecute the offenders, and to the Laird of Blair taking notice of his good service, and return him thanks for the same.” 4½ pages.
22 July.]
20. Certificate of Lord Halifax as to the arrears due and payable at the Receipt of the Exchequer on a rent resolute or corrody of six pounds per ann. out of St. Stephen's, Westminster, due to Anthony Cotton and his heirs. Dated 22 July 1725.
With the above is the following:—
Petition of James Berdoe to the Lords of the Treasury for their Lordships warrant for the payment of the arrears on the above rent resolute or corrody of 6l. per ann. This is accompanied by a similar certificate to the above, dated 10 Feb. 1720. 3 pages.
[? About
22 July.]
21. Petition of John Hampton to the Lords of the Treasury. Application has been made by sundry persons to the Commissioners of the Customs in Scotland and to the Court of Exchequer there for obtaining debentures for payment of considerable sums for salt remaining in hand in curing fish and flesh exported pursuant to an Act of the 6th year of the reign. As petitioner was acquainted with great frauds committed in running or relanding great quantities of the said salt; as also in weighing and delivering the same over into the hands of the proper officers, he gave information to Mr. Scrope, their Lordships secretary, by means of which 2,000l. will be saved to his Majesty. Will have right to the reward provided in such cases, but is at present in very distressed circumstances and prays some allowance for present subsistence. Dated on the back 1725.
In the Minute Book, vol. 25, p. 81ƒ, 22 July 1725, is:—“John Hampton having been instrumental in discovering frauds committed in the salt dutys in Scotland, is to be paid 20li as his Mats bounty by the hands of Mr Lowther.” 1 page.
24 July. 22. Lord Lieut. of Ireland (Carteret) to the Duke of Newcastle, sends the petition of Garret Fitz Gerald, of Rathrone, in the Kingdom of Ireland, Esq., referred to him on 24 Nov. last, and the report of his Majesty's Solicitor-General thereupon, viz.:—
Report of Thomas Marlay to the Lord Lieut. of Ireland (John, Lord Carteret) on the petition of Garrot Fitz Gerrald, of Rathrone, Esq., to his Majesty. Finds that the Attorney General filed a bill against the petitioner for a discovery of the effects of Henry Fitz Gerrald, the petitioner's father, and to have a decree for a lease and other chattels, of which the said Henry died possessed. Process of sequestration, &c. issued. Petitioner's uncle, Garrot, was seized of the lands of Rathrone and other lands as an estate for life, &c. In default of issue they were limited to Henry Fitz Gerrald, petitioner's father, for life, with remainders to the first and other sons in tail male; and the said Henry was attainted on account of the Rebellion in 1688, and the remainder vested in the Trustees during the life of the said Henry. Further finds by a claim of Stephen Ludlow, Esq., that the estate was subject to 800l. principal money due to him by mortgage and has been discharged by petitioner. Finds that the said Henry though attainted took the profits of the estate till his death in 1715. Such of the Irish forfeitures as are not sold are by Act of Parliament in England invested in the Crown for the use of the public. Is of opinion that his Majesty is only entitled to the profits of the estate received by Henry Fitzgerrald during his life as a Royal Trustee, but that his Majesty is in his own right entitled to all other the assets of the said Henry acquired by him after his attainder. It is his Majesty's undoubted prerogative to order a noli prosequi on the bill filed against petitioner: but cannot give an opinion how far it may be proper to stop a proceeding in his Majesty's name wherein his Majesty is a Trustee as to part of what may be recovered.
The petition referred to and memorial from him to H. M. Principal Secretary of State (the Duke of Newcastle) on the same subject, apparently of a little later date. 7½ pages.
[? About
24 July.]
23. Memoranda of the nature of a memorial in favour of Mr Simon Jones, who had expended 83l. “in matters relating to the late Conspiracy,” and of Mr Peter Jolly, who had been very serviceable therein and hoped to have a reward of 50l.
—“July ye 24 1725, to be payd by Mr Cracherode.” ½ page.
26 July. 24. Report of the Lord Chief Baron and the rest of the Barons of the Court of Exchequer in Scotland, to the Lords of the Treasury, on the petition to the King of Francis, Lord Napier. Certifies that by the certificate of the Treasurer's Remembrancer, Lord Napier is chargeable with the payment of 227l. 4s. 7d. sterling, as the “Retour duties” due upon his being enfeoffed in the lands and Barony of Edinbillie; and that his Majesty may discharge his Lordship thereof if he pleases.
Also the petition, from which it appears the petitioner was enfeoffed of these and other lands by his grandmother.
His Majesty referred the petition to the Lords of the Treasury, and they referred it to the Barons. 3½ pages.
26 July. 25. Report of the same to the same on the petition of Mr Bowles, Deputy Remembrancer of the Court. Certifies that petitioner has kept the accounts of all seizure money paid into the hands of the Receiver General of Customs, as directed by the Privy Seals; and has delivered in controlment Rolls of such moneys as are a charge upon the Receiver General. Advises that he should have 300l. for his services and 20l. per annum hereafter.
Minuted:—“13th 8br 1725. My Lds agree to the Barons rept.”
Also the petition. 2 pages.
26 July. 26. Representation from the same of Sir Robert Sinclair's affairs. Have been commanded by their Lordships to call on Sir Robert and examine him touching moneys in his hands (14,179l. 18s.d.) from forfeited estates in Scotland, out of which he has been directed to pay 9.444l. 10s. 1d. for clearing the salaries and incidents of the Comrs of Inquiry and their officers for a year ending Lady day 1725, &c.
Finishes:—“We must acquaint your Lor[dshi]pps that notwithstanding repeated applications to the Commissioners, for certificates from the proper officer, of moneys paid into the Exchequer, in order to be a charge upon the Receiver General, yet none has been sent of his Receits since the 16th of July 1724; without which the accounts of the said Sir Robert Sinclair cannot be regularly passed.” 2½ pages.
26 July. 27. Report of the same to the same. Have considered the petition of David Murray, eldest son to Viscount Stormont, and think him an object for the Royal clemency in having a grant passed of his single and life rent escheat.
The petition referred to, from which it appears the petitioner was guilty of contempt of court, but surrendered and suffered a year's imprisonment in the Castle of Edinburgh. Was never possessed of an estate, real or personal, so that nothing came or can come to the crown by his “forfaulture” but is severely affected by the consequences of his sentence. He is thereby deprived of having any settlement from his father, and is in danger of being excluded from the succession to his estates. 2 pages.
28 July. 28. Report of F. Fauquier to the Lords of the Treasury, in reply to their Lordships order, to inform them what sum is remaining in Sir Isaac Newton's hands to balance his account of the copper coinage; and by what means the balance has arisen. Annexes a copy of the account from which it appears that the balance is 1,712l. 10s. 3d.
His Majesty's sign manual which directed that coinage has settled the price of the copper fillets or blanks ready to be stamped at 18d. per pound; has likewise ordered that it should be coined as near as might be at 23d. per pound, and has allowed 3½d. per pound for all the charges of receiving, coining, and disposing of the moneys coined; the incidents that attend that coinage having to be defrayed out of the three half-pence remaining (which is the balance that is now resting in his hands) prove very small.
The Sign Manual has ordered that Sir Isaac Newton should account before the Auditors of Imprest, in the same manner as he accounts for the gold and silver coined: as he is now ready to pass that account for seven years past, he craves to have an allowance of 100l. for declaring and passing the account through the several offices of the Exchequer, exclusive of the Auditor's Fees, which may be 20l. more.
The account referred to.
There is a notice in the Minute Book, vol. 25, p. 88n, 3 Aug. 1725, that their Lps adjourned the consideration of the report. 3 pages.
30 July.]
29. “Copy of petition of the several Brewers in and about Edinburgh to the Lords of Session.”
The petitioners complain that they have been cited to “enact themselves” as they are appointed “by an act of sederunt” of the 30th of July, “with certification as effeirs”; that this was a summary act of which there was no example; that they had no intimation as to what purpose or what effect they were to enact themselves, nor so much as a copy of the act of sederunt; that they know of no act of Parliament allowing such citations in any case; that they had never seen or heard of a citation to enact upon the warrant of an Act of Sederunt of their Lordships, or of any court whatever, and could recall very few Acts of Parliament by which any such thing had been done. Must submit it to their Lordships, if Acts of Sederunt of this kind have any privilege by law that give them so much stronger effects than Acts of Parliament themselves. This led them severally to enquire for this Act which was the warrant for the citation, and now they have seen it published, not under the name of an Act of Sederunt, but according to the title “an Act for preventing the want or scarcity of ale or beer and bread in the good town of Edinburgh,” wherein there appear several things so extraordinary and touching so very nearly their interest and personal liberty and the liberty of the subject that they hope, since they had no opportunity to be heard before the Act passed, and since it is truly more of the nature of a judgment parte inauditâ than of an Act, they are entitled to represent their objections against it, and to desire a reconsideration how far it is consistent with law. In the first place, they apprehend that this Act is directly contrary to the “Claim of Right,” one article whereof is “that the charging the lieges with Lawburrows at the King's instance, and imposing of bonds without the authority of Parliament were contrary to law.” The Act proceeds upon a memorial at the instance of his Majesty's Advocate in form of complaint that the Brewers are entered into a resolution and confederacy to overthrow all good government; that by law it belongs to their Lordships to prevent the mischief and to take care of the public safety. Upon this, in virtue of their Lordships Act, they (the Brewers) are summarily charged without further evidence to “enact” themselves “not to do what he (His Majesty's Advocate) states as criminal.” The facts they are charged with are contrary to no law yet made. Whereas the Lawburrows complained of by the Claim of Right related to crimes that were provided against by express statute.
Again the article of the Claim of Right mentions the imposing of Bonds without the authority of Parliament. Is not the enacting and binding themselves to brew, a bond? Does not this act of Sederunt impose it without the authority of Parliament? They (the Brewers) apprehend the case is very plain. The Claim of Right makes no distinction of causes, and they are not able to discover any distinction that can reconcile this order of their Lps with the articles in the Claim of Right. If the Claim of Right be abolished by the Union, that they must submit to; but at least they would hope to see some law or example for such a proceeding in Great Britain. Believe that none can be mentioned in any free nation. They take other exceptions to the exercise of power not given to their Lordships by Act of Parliament. Find that very strong powers are given to their Lordships, but are entirely ignorant of any powers vested in them to oblige any person to follow any employment one hour or minute longer than he finds convenient. Have looked into this Act of Sederunt. Admit their Lps power to regulate prices, for which, however, there is no express law. The Act proceeds upon a complaint of facts of which there is no evidence and of which there is no truth. They have no privilege to furnish the city with ale any more than any other burgher, and cannot comprehend how they are obliged to furnish the town at their extreme loss. Further put their case in a variety of ways.
Pray their Lordships to repeal the act, or stop its execution, or that they may be heard by counsel against it.
At the foot is:—“Edr 30th July 1725. The Lords having heard this petition read, find that it is false, scandalous and seditious and filled with positions that endeavour to pervert and are flatly contradictory to law, tending to promote opposition and disobedience to his Majesty's Government, and highly reflecting on the authority and justice of this Court, and creating distrusts thereof among the people, and therefore reject the same, and ordain a copy thereof to be forthwith burnt by the hand of the common hangman at the Market Cross of Edinburgh, and appoint and require the Magistrates of the said city to see the same put in execution; and in regard there remains not sufficient time for the Court to proceed fully upon it this Session, ordains Sir John Dalrymple, His Majesty's Clerk, to keep the principal petition, to the end further directions may be given for detecting, prosecuting and punishing, according to law, the authors, advisers, abettors, and subscribers thereof, and discharge the said Clerk to give out any other copy of the same excepting one which he is hereby appointed to give to his Majesty's Advocate attested.” 4 pages.
31 July. 30. Report of A. Cracherode to the Lords of the Treasury on the petition of William Lock, in which he sets forth that Peter Martin, a pensioner of Chelsea Hospital was robbed and barbarously murdered; that for the discovery of the persons concerned a reward of 100l. was offered, and that the petitioner discovered the murderers, who were convicted. Certifies that the reward mentioned was offered, and that William Lock, the petitioner, was committed to Newgate on a strong suspicion of robbing in the streets, and was examined and pressed to make an ingenuous discovery of the murder for some time. At length he confessed that he and four others (specified) murdered the said Peter Martin, one of whom, Daniel Carrol, fled to Ireland, and Valentine Carrick was afterwards executed for highway robbery, but was never tried for the murder. As Lock did not procure the said Carrol to be prosecuted and convicted he never became entitled to his Majesty's pardon, which was promised only on condition of one of the murderers discovering the rest of his accomplices. The petitioner has since been transported. The general words of the advertisement include the petitioner, but it could not be intended that any one of the persons actually concerned in the murder and robbery should be entitled to the reward upon any easier terms than to entitle him to his Majesty's pardon.
The petition, and copy of the London Gazette, Number 6067. Also copy of the sworn information of William Lock and certificate of the Clerk of the Peace, and gaol delivery of the county of Middlesex on the same subject. 10 pages.
3 Aug. 31. Report of the Surveyor General (Pulteney) to the Lords of the Treasury on the petition of Bartholomew Wimberley and Henry Binfield, praying their Lordships to grant them a reversionary lease in nineteen messuages or tenements therein mentioned for fifty years. The premises are parcel of the field or close of land formerly called Pall Mall Field alias St James's Field, within the Bailiwick of St James's, and were granted by King Charles II. to, or in trust for, Henry late Earl of St Albans for twenty years, which will expire at Michaelmas 1740. Gives the particulars of the situation of the messuages, &c. and their values. A lease may be granted of them for thirty four years and three quarters, to commence from Michaelmas 1740, for a fine of 1,300l., reserving a ground rent of 2s. 6d. in the pound, amounting to 90l. 15s. per ann., which is conformable to the Civil List Act; and the better to ascertain the tenancy of the premises a rent of 12d. for each messuage is to be made payable to the Crown during the term in being, but to cease when the rent reserved on the reversionary term shall become payable. Refers their Lordships to other reports which he had made which concern the Dowager Lady Clarges, the Lady Colladon. and Mrs Anne Hawkins.
The petition referred to and a plan showing the situation of the above properties, their dimensions, &c. 6 pages and the plan.
[? About
4 Aug.]
32. Memorial of Sir John Vanbrugh to the Lords of the Treasury. In the year 1705 was appointed Surveyor for the late Duke of Marlborough in designing and conducting the building then begun at Blenheim for the Duke, and acted until the building was stopped in 1712. Received several sums upon account. His account (amongst others) was examined by the late Mr Lowndes, Messrs Craggs & Sloper in 1716, and 2,463l. 10s. 9d. was found to be due to him. Received 800l. in part payment out of money remaining of the late Queen's Civil List. A further sum was afterwards issued to Mr Guidott to be applied in the same manner, but the Executors of the late Duke of Marlborough obtained a perpetual injunction against Memorialist, on pretence that he had not been employed in the works of Blenheim by the Duke, but by the Queen, and so had no claim on the Duke's estate. Prays to be paid the remainder (1,663l. 10s. 9d.) from the late Queen's Civil List. Undated, but ? about 4 Aug. 1725 by the following, which is entered in the Minute Book, Vol. 25, p. 89c (4 Aug. 1725).
Sr John Vanbrugh is called in, and his petic[i]on for the residue of an arreare on an account stated by Craggs, Lowndes and Sloper for his service and expences relating to the works at Blenheim is read; and my Lords are pleased to agree to the payment thereof out of the late Queen's arrears: but Sir John is to know whether Mr Guidott, in the case the same be issued to him on the unsatisfyed order in his name for Blenheim debts, will pay the same over to him.”
Another paper on the same subject, with the following query at the foot by Sir John Vanbrugh: “Whether the remainder of what is due to me, may not be ordered out of this money.” 3 pages.
5 Aug. 33. Memorial of the Court of Directors of the Bank of England to the Lords of the Treasury praying that their Lordships will direct their order to the proper officer of the Exchequer to issue to the cashier ten thousand pounds by way of imprest, and upon account to reimburse the Bank the charges about certain annuities granted by the Act of 9 & 10 Anne.
In the Minute Book, Vol. 25, p. 90e, 10 Aug. 1725, is:—“Issue to the Cashire of the Bank 10000li out of the General Fond upon accot to reimburse charges which he hath or shall be at in passing his accounts and carrying on the business of paying the several annuities chargeable on the said General Fond according to the desire of the Court of Directors in that behalf signifyed by their memorial of the 5th instant.” 3 pages.
6 Aug. 34. Memorial of Sir Roger Mostyn and Sir Bibye Lake, Barts., to the Lords of the Treasury, praying their Lordships to issue the 11,630l. 15s. 0d. due to Sir Bibye Lake, an agreement having been arrived at by the memorialists as well as upon the release of the decree in Chancery. Signed.
In the Minute Book, Vol. 25, p. 90e, 10 Aug. 1725, is:—“A memorial of the 6th instant signed by Sr Roger Mostyn and Sir Bibye Lake, signifying their agreement with respect to the Decree in Chancery for a Marine clothing debt, unpaid; and both desiring that the money to discharge the principal of the said debt may be paid to Sr Roger. My Lords agree thereto, and order that the money received from Whitfield, when brought into the Exchequer, be issued to the Treasurer of the Navy; with so much more out of other proper money in the Exchequer as shall be sufficient to clear the said cloathing debt; and the Commrs of the Navy are to be directed to make an Imprest Bill on the Trea[sur]rer for paying the said sum over to Sr Roger Mostyn, to discharge the said cloathing debt accordingly.” 1 page.
10 Aug. 35. Lord Portmore to —. Asks that the report on his memorial, required by the Treasury and sent by the Comrs of Revenue in Ireland, may be given to him. It relates to money due to him out of quit rents of that kingdom, to which, by virtue of his late wife's grant, he is as rightfully entitled as to anything he stands possessed of. London, 10 Aug. 1725.
In the Minute Book, Vol. 25, p. 92g, is: “Commrs of the Revenue in Ireland their report of the 20th of May 1724 on the Earl of Portmore's demand of 851li 13sd alledged to be unpaid on the grant to the Counts of Dorchester is read, and it appearing thereby that the Agents of the said Counts and not the Crown are chargeable with the said debt, if any, My Lords adhere to the Report, but order my Lord Portmore a copy thereof if he desires the same.” 2 pages (4to).
23 Aug. 36. Report of the Surveyor General (Pulteney) to the Lords of the Treasury on the petition of William Hucks, Esq., for a grant of a reversionary lease of certain lands at Wallingford, and of the inward ward of Wallingford Castle. The grant asked for comprised certain acres of meadow called King's mead, which were demised by her late Majesty Catherine, Queen Dowager, and all the premises were parcel of her jointure. The lease of the farm of 23 acres, and the farm of 10 acres lying in King's mead, may be granted for one life after the determination of the two lives now subsisting for a fine of 60l. 13s. 2d., reserving the old rent of 4l. 17s. 6d. per ann. in respect of the 23 acres, and the old rent of 2l. 4s. 6d. per ann. in respect of the other farm of 10 acres, and the farm of the inward ward of Wallingford castle may be granted for two lives, and after the decease of William Trafford for a fine of 209l. 17s. 5d., reserving the old rent of 10s. per ann. The better to ascertain the tenancy of the premises a rent of 1s. per ann. is to be reserved for each of the farms.
In the Minute Book, Vol. 25, p. 100b, 1 Sept. 1725, is:—“Mr Surveyor's Report of the 23 of August last on Wm Huck's petition for a lease of lands, and a house in Wallingford and Wallingford Castle is read, and my Lords being informed that a petic[i]on of the wido Randa for renewing a lease of some part of the premises stands referred to the Surveyor, Mr Hucks is advised to deal with the said Randa for her interest that all hardships on any pretence to a tenants right in her may be avoided.” 4 pages.
27 Aug. 37. Report of the Surveyor General (Pulteney) to the Lords of the Treasury, on the petition of the Governor and Company of Chelsea Waterworks, praying his Majesty to grant them leave to make a reservoir in the circle of the Walnut Tree Walk, in Hyde Park; that they may, from the height of that ground, supply the Royal Palace and Gardens at Kensington with water (if required), and the upper parts of Westminster. The diameter of the circle in the Walnut Tree Walk is 379 feet, and the petitioners propose that the diameter of their reservoir shall not exceed 200 feet. The main of 4 in. to be laid from Tyburn Lane. Other details of the proposal. Advises that the scheme should be carried out.
The petition referred to; also a plan.
In the Minute Book, Vol. 25, p. 100g, is:—“Mr Surveyors Report of the 27th August last on the petic[i]on of Chelsea Water Works Company for leave to make a reservoir in the Circle of the Walnut Tree Walk Hyde Park is read and agreed to.” 3 pages besides the plan.
27 Aug. 38. Comrs of the Navy to Mr Scrope. Have sent a copy of his letter to Comr Kempthorne at Chatham, and recommended him to see the same exactly complied with. Send a copy of the proceedings he had furnished, and ask that it may be laid before the Lords of the Treasury.
The copy referred to, which states that he went to Queenborough to present the Comrs letter, in order to deliver the well there into the care of the Mayor and Corporation. He applied to Mr Evans (the father of the Mayor), who acts as his deputy, to deliver up to the Mayor and Corporation the care and inspection of the well in the Castle, and tendered a short instrument to him (copy enclosed) for the preservation of his Majesty's right in the well. He replied that he would take care of the well; but treated the instrument with contempt, saying (with some warmth) that the seal of the Corporation should not be put to any such thing, insinuating that his Maty had no right thereto. Asks what the pleasure of the Lords of the Treasury is.
Also the copy of the instrument referred to.
In the Minute Book, Vol. 25, p. 91 (10 Aug. 1725), is the following touching this well:—“Write to the Commrs of the Navy acquainting them that my Lords are informed that the inhabitants at Queenborough are debarred the free use of the water in the Well there, because they or some of their officers have shut the Well up, which is a grievance the Corporation complains of, and what their Lord[shi]ps expect the Commrs should effectually redress.” 4 pages.
31 Aug. 39. Lord Carpenter, Governor of Minorca, to the Lords of the Treasury. Has examined the enclosed proposal of Mr Joseph Gascoigne, and has been with him in the City to view the material to make bedding, blankets, and sheets for his Majesty's troops at Minorca, and finds the same to be very good. Has put his seal to patterns, and as they are provided will inspect them carefully. Is of opinion that the prices are reasonable, except the freight, which is too high, as they may be sent to Port Mahon for 150l. The number of non-commissioned officers and soldiers of the four regiments on the Island is 2,096; shows what bedding will be required for two men to each bed. The cost will amount to 3,464l. 8s. 0d. Concludes—“As to the fund for payment, it is improper for me to propose any, and is submitted to your Lops onely in case your Lops should think fitt to order payment for these goods out of the revenues heretofore belonging to the Bishop and Chapter of Mayorca (which since the Island Minorca has been under the dominion of the British Crowne has been collected and kept in the castle of St Phelip) I take the liberty humbly to pray that it may be kept as private as possible; for if the Courts of Vienna or Madrid or any of their Ministers should hear that any part of those revenues were dispos'd of, they would remonstrate against it in the strongest manner, and give great trouble to his Majesty and his Ministers: for in Feb. last the Spanish Ambassadour writt a very pressing letter to his Grace the Duke of Newcastle by way of memoriall, to have those revenues paid forthwith to the Bishop and Chapter of Mayorca; which letter his Grace enclos'd to me, desiring I would let him know the state of that affair, in order to answere the Ambassadour; and I waited on his Grace with the paper annext.”
The following is a copy of the paper referred to:—“The pretention of the Ambassadour of Spain, to recover the Church Revenues in Minorca, for the Bishop of Mayorca, is at present more unjust and unreasonable than ever; for 'tis the same as asking his Britanique Majesty to give so much to the Pope; because Dn Athanacio de Estarripa the late Bishop (who only could pretend to those revenues) is dead, and the Pope is heir to all the Bishops under the Dominion of Spain, in such manner and with such riguor, that the Commissarys of the Apostolique Chamber (which are two Cannons in every Cathedral Church) as soon as the Bishop is dangerously ill, and has taken the sacrament, they secure all he has, and when he dyes they are masters of his effects, which they remit to the Apostolick Comissarys that reside at Madrid, and these send it to the Pope; so that in reality what the Ambassadour of Spain asks is that his Majesty should give so much to the Pope, who will return nothing to his Majesty and his subjects but maledictions in cœna Domini.”
Accompanying Lord Carpenter's letter is the proposal of Mr. Joseph Gascoigne for the supply of the bedding; also an order to the Lieut. Governor of Minorca to pay 1,154l. 16s. out of the above revenues to Mr. Gascoigne; a memorial from the latter and other papers on the same subject.
In the Minute Book, vol. 25, p. 98b, 31 Aug. 1725, is:—“Lord Carpenter's Report of the 31st instant on Mr. Gascoign's proposal for providing bedding, blankets, and sheets for the troops at Minorca is read and approved, and a contract is to be prepared conformable thereto, and to Mr Gascoigne's proposal to be satisfyed for the same out of the Bishop's revenues and other revenues of Minorca,” 11 pages.
2 Sept. 40. Memorial to the Lords of the Treasury of the Commrs for managing the duty arising by wine licences laying before their Lordships “the state of the case upon the matter of the special verdict found at Bristoll the 12th of August 1725 relating to the said duty.” By Stat. 7 Edw. 6th, cap. 5, no person could keep any tavern or cellar or “utter” by retail “by the gallon or lesser or greater measure” any wines unless enabled by that Act, and unless licenced by the Mayor, Aldermen, &c. of every city, borough, or town corporate: and no person could “retail wine to be drank in their houses.” The sole liberty then of keeping taverns for retailing within doors was in the Company of Free Vintners and private hands by particular patents. The law stood thus till the statute of 12 Car. 2, cap. 25, when a revenue from wine licences was raised and there was a general liberty of retailing both within and without doors. The King was authorised by this Act to appoint Commissioners to grant licences to enable persons by payment of a rent [to sell] for any term under 21 years. The Act 15 Car. 2, cap. 14, recites the stat. 12 Car. 2. In pursuance whereof the Comrs have from time to time granted licences to retailers: “except only in the beginning of this establishment, when the Vintners of several corporations insisting upon their corporation licences under the Act of 7 Ed. 6, the Commrs brought actions upon the statute 12 Car. 2, and obtained several judgments against them in the years 1687 and 1688, when the power by the Act of 7 Ed. 6 vested in the corporations as to licencing without doors was declared to be lodged by the Act 12 Car. 2 in the Commrs for granting wine licences, who from that time executed such power.” But the retail trade, being chiefly amongst retailing merchants, wine coopers and others (which trade was formerly amongst the Vintners and licenced retailers, who paid much larger rents than they do now) they are consequently liable to the same duty, and this they have acquiesced in until a few years last past. Of late one Mr. Ballard, a retailing merchant in Worcester, set up a wine cellar and supplied the country with wine, but suffered none to be drunk in any place within his possession, and insisted that such retailing was not within the statute, for that the words (to be drunk or spent within his Mansion House, &c. or without his Mansion House) intended no more than within his house or some other place in his possession about his house, as gardens, arbours, and such places. Having taken the Attorney General's opinion, and other wine cellars having been set up which undersold the vintners who took licences, the Comrs brought an action against Ballard, who afterwards submitted to take licence, but dying immediately afterwards no licence was taken. Several merchants at Bristol set up cellars in like manner, and the Comrs gave them notice that actions would be commenced against them: whereupon Mr. Andrews, one of the retailers, wrote by his attorney that if the Comrs would send down a writ he would give an appearance, and try the point whether he was a retailer within the statute or not. Whereupon an action was tried before Mr. Justice Denton at Bristol. At the trial Mr. Justice Denton spoke to the following purpose, viz.: as it was a matter of law he was willing it should be determined by the Court above; but that he would give his opinion in a few words, and leave it to the jury to do as they thought proper. That he would give his opinion entirely upon the Act 12 Car. 2, he looking upon the other Acts as historical and to be left out of the case, that the Act being said to be for the better ordering the selling of wine by retail in taverns and other places, the words other places must intend places of the like nature, such as inns and alehouses, and that, as to the words to be drunk or spent within, &c. or without, must be intended of some place within the retailers possession and that he wondered the office should be for putting a new construction upon the Act, and endeavouring to bring in retailers of wine that served gentlemen's houses and the like. Upon the prayer of the counsel for the Crown the jury found specially that the defendant was an importer of wines, that he sold by the gallon, and that the wine so sold was drunk in some place out of his possession, and submitted to the Court if he was a retailer within the statute or not. As the present Lord Chief Justice Raymond, when Attorney General, and other counsel were of opinion such retailers were within the Act, the Comrs submit that the question ought to be argued, and pray their Lps directions. Wine Licence Office, 2 Sept. 1725.
In the Minute Book, vol. 25, p. 107d, 21 Sept. 1725, is:—“A memorial from the Comrs of Wine Lycences dated the 2d instant, relating to the arguing of a special verdict found at Bristoll, about retailers of wine, which highly concerns the improvement of that revenue, is read; and my Lords order that the same be argued, and that the Commrs proceed in this affair as they shall be advised by his Mats Attorney and Sollicitor General with the strictest diligence and application.” 2½ pages.
15 Sept. 41. Comrs of the Navy to Mr. Scrope. Have considered the petition of Benjamin Joules, in which he offers to grant a lease of 99 years, with liberty to take clay for the use of his Majesty's Docks at Portsmouth and Plymouth, &c., at the yearly rent of 1s. per ann., as an acknowledgment of his title to the place from whence he proposes to supply the clay, upon consideration of their Lordships granting him a lease of some lands, mills, and houses belonging to the Crown near Portsmouth at a reasonable rent. Finds that this Board have constantly been of opinion that Mr Joules has no just claim to the place from whence he proposes to supply the clay, the same being within the flux and reflux of the sea; as is found by the board's letters to Mr Lowndes and Mr Stanhope; and that the service at Portsmouth and Plymouth is in no want of the clay, being well supplied since the year 1718 from other places in Portsmouth harbour, to which neither Mr Joules nor anyone else can lay any claim. Navy Office. 1 page.
16 Sept. 42. Petition of George Clarke, Secretary of the Province of New York in America, to the Lords of the Treasury, viz., “for establishing the salary of 50li p[er] ann. on the quit rents, as also the incidents of his office, amounting to about 60li p[er] ann.” The prayer of the petition is that their Lordships will allow those sums already received by him on the Governor's warrants for his salary and incidents; and that for the future they may be so established on the quit-rents that the Receiver General of this Province may pay to Petitioner all his arrears of salary and incidents, as well as the salary and incidents for the time to come; and that their Lordships will, in consideration of the loss of his office [of Clerk of the Circuits], give him such further relief out of the quit-rents as may be a suitable support to him.
The petitioner represents “that soon after the glorious and happy Revolution a revenue was given by Act of Assembly of the said Province for support of the Government there, in consequence whereof salarys were established by the Governour and Council, on the officers of the said Government, and the incidents of their offices paid thereout. That the Secretary of the said Province, being likewise Clerk of the Council, and having some other small offices annexed to it (as in other his Maiesty's Provinces in America) for his support, the office of Secretary being rather an expence than a place of profit, the Governour and Council did establish a salary of fifty pounds p[er] anñ on the Secretary as Clerk of the Council, which together with the incidents of this whole office were paid to him during the continuance of the revenue.
“But that Revenue expiring in 1709, the Assembly could not be prevailed on for many years to give any other, so that the Governour and the officers of the Government were without any support, till in 1714 they passed a Bill to pay the debts of the Government; by which means your Lordship's petitioner was paid part of his arrears of salary and incidents, as other the officers were; and the remainder thereof by another bill past in seventeen hundred and seventeen.
“That in the year 1715 this present Assembly being chosen, the Honourable Brigadier Hunter, the then Governour of this Province, by his admirable prudence and dexterity so wrought upon them that they settled a revenue; but at the same time desired the Governour that it might be applyed to such officers, to such uses, and in such proportions only as they themselves had then agreed upon. This the Brigadier was under a necessity to comply with; for from the year 1709 to that time the Assembly had refused to settle a Revenue as formerly, without particular applications of it in the bill; which the Governour could not consent to. By this agreement they gave to their own clerk a salary of eighty pounds a year and all his incidents, to commence the 13th of June, seventeen hundred and fifteen, but to your Lordships' petitioner only thirty pounds a year, without any provision for his incidents; notwithstanding your Lordships' petitioner as Clerk of the Council during the continuance of the first-mentioned revenue had an allowance of salary at least equal to that of the Clerk of the Assembly, and the incidents of his whole office; and notwithstanding that the service of your Lordships' petitioner is every Session of Assembly more than that of the Clerk of the Assembly; seeing he attends all Committees and draws all their reports, which the other does not. But there was no remedy, the Brigadier being obliged to adhere to his promise,” &c.
Under these hard circumstances petitioner was obliged to wait till the quit rents should be more duly collected. Petitioner had fallen under the displeasure of the present Governor, William Burnett, Esq., who had taken from him the office of Clerk of the Circuits, and had given the same to Mr Morris, son of the present Chief Justice of this Province. Petitioner fled for protection to Horatio Walpole, Esq., H.M. present ambassador at the Court of France, who obtained a letter to the Governor from Lord Carteret, then H.M. principal Secretary of State, signifying H.M. pleasure that the Secretary's office should not be dismembered, and desiring him to reinstate petitioner or recompense him. The Governor having put it out of his power by the Commission granted to Mr Morris to restore petitioner, offered him 50l. per ann. to make his salary equal to that of the Clerk of the Assembly and to pay all the incidents of his office out of the quit-rents. New York, 16 Sept. 1725. 3 pages.
20 Sept. 43. Report of the Surveyor-General (Pulteney) to the Lords of the Treasury on the petition of Sarah Renda, widow and relict of Thomas Renda, Esq., for a reversionary lease of Wallingford Castle and the premises therewith holden in the county of Berks. As to the outward ward, in consideration of the great expenses which petitioner's late husband had been at, “and tenant right,” if their Lordships pleased to gratify petitioner, he (the Surveyor) thinks a lease of this ward for a term of twenty-six years and a half, from the expiration of the present term, may be worth a fine of 180l. reserving the old rent of 50l. per ann. and an increased rent of 7l. 10s. per ann.
He (the Surveyor) says that some gentlemen of credit in the neighbourhood, to whom he had written, certified “that the prison house and some cottages (formerly parcel of that ward) were demolished; that there were no buildings on that part of the said premises, other than an old barn, called the gaol barn, which was out of repair, and a pigeon house, then lately built near the said barn by the said Thomas Renda.” The quantity of ground to this ward was about 16 acres, and was valued at about 30l. per. ann.
As to the inward ward of the Castle, the gentlemen referred to further certified “that the same consists of a dwelling house, a garden, a small bowling green and two orchards, which they thought a pleasant situation, and believed would then let at thirty or forty pounds per annum.” Advises that a lease may be granted for two lives (after the decease of the surviving nominee in the present lease) for a fine of 209l. 17s. 5d., reserving the old rent of 10s. per ann. All which will be conformable to the Civil List Act.
A particular was rated for a lease of the outward ward of Wallingford Castle to be passed to William Hucks for three and twenty and a half years, in reversion of Thomas Renda's term of 7½ years, then to come. On the 23rd of Aug. he (the Surveyor) made a report on the petition of Hucks for a lease of the inward ward. Also refers their Lordships to another report in Nov. 1723, made by him on a memorial of Sir John D'Oyly for a lease of both the forementioned wards. 20 Sept. 1725.
Accompanied by the petition, also an affidavit and a legal opinion on the same subject. 6 pages.
21 Sept. 44. Secretary of State (Newcastle) to the Lords of the Treasury. Transmitted by the King's command on 31 May last a copy of a letter received from the Lord-Lieut. and Privy Council of Ireland, wherein they desired that a new gold coinage, which had been made in Portugal, might be current in Ireland; and that a proclamation might be issued for that purpose. The Lord-Lieut. had again written to him to know his Majesty's pleasure upon this matter, and had represented that should this coin be counterfeited in Ireland, great quantities would be sent over hither. Asks their Lordships opinion as to what was proper for the King to do therein. Encloses an extract of a letter from the Collector of Donoghadee to the Comrs of Revenue in Ireland, relating to a Commission, said to be given to Sir John Shaw, authorising him to burn all boats that shall bring meal or grain from Ireland to Scotland. The Lord-Lieut. desires to be informed what answer he may give them upon it.
The copy of the letter and the extract referred to.
In the Minute Book, vol. 25, p. 108, 22 Sept. 1725, after stating that the above letter was read, it proceeds: “As to the first, my Lords think the Bank should be advised with thereupon, and Mr Jacomb being present, my Lords order to speak to the Bank about making a loane to pay off the deficient tallys on the Land tax anno 1723. He is to take the papers with him about the said Portugal coynage, and desire some of them to be here with my Lords on Tuesday next, between 11 & 12 in the forenoon; and as to the other part, about Irish victuals, let a copy of the warrt for establishing a new General Surveyor in Scotland be transmitted to his Grace, and let him know that the issuing this Commic[i]on was necessary, to quiet the mighty complaints Scotland had against the importac[i]on of Irish victual there.” 5 pages.
30 Sept. 45. Report of A. Cracherode and George Turbill to the Lords of the Treasury on the petition of John Roberts, who says he was employed by several of his Majesty's Deputy-Lieutenants and Justices of the Peace for the county of Lancaster before, at, and after the Rebellion, and who had given to the Commissioners of Forfeited Estates information respecting the estate of Mr Edward Winkley, of Bannister Hall, in that county, which invalidated a fraudulent claim and pretended settlement of the estate. The Comrs soon after sold the estate for 35,000l., and petitioner hoped for one-third of the estate, but never received any reward or consideration. Petitioner was appointed by the Commissioners Steward and Receiver of some of the forfeited estates in that county, but was now under prosecution for an arrear of 370l. The Comrs could not pay to him the value of one-third of the estate (1,166l. 13s. 4d.), as petitioner was not strictly speaking the first discoverer, therefore he prays for so much of it as shall be found to remain after the debt due from the petitioner to the public is satisfied, and in the meantime that there should be a stop of proceedings against him and his sureties. The report is generally favourable to the petitioner, and admits the assistance rendered as well in the detection of the fraudulent claim as in other matters, and recommends as a reward for his services that the bond should be given up and cancelled and that all proceedings should be stayed. Dated 30 Sept. 1725.
Minuted:—“12th 8br 1725. Stay process for months.”
Accompanied by the petition, which has on the second page the reference “to Messrs Cracherode and Turbill, and their Lordships direct Mr Cracherode to stay proceedings.” Dated 21 April 1725.
Also a certificate in favour of the petitioner, who is there described as Mr John Roberts, of Preston. It has 10 signatures. 6½ pages.
30 Sept. 46. Report of the Officers of the Board of Works to the Lords of the Treasury giving an estimate of the charge of the painting the ceilings of the Gallery and Great and little closets, the stair case, &c. at Kensington as demanded by Mr Kent. Whitehall, 30 Sept. 1725.
This is written on the back of the letter from Lord Grafton, asking by his Majesty's command that their Lordships would give orders to Mr William Kent to paint the above ceilings, &c.
Accompanied by a letter signed “J. Thornhill” to the Comrs of Works stating that he was informed that they had received instructions to employ some improper person to do the gilding on the wainscot in the Gallery at Kensington, &c. As the gilding has always been done by his predecessors and himself, thinks it is a great encroachment on their office as well as on his patent and those who shall succeed him.
The Lords of the Treasury are their immediate directors, and by their authority he is willing to be concluded. Great Piazza, Cov. Garden, Sept. 29, 1725.
In the Minute Book, Vol. 25, p. 113 (5 Oct. 1725), is: “Board of Works report of 30th September 1725 about the charge of the painting and gilding at Kensington is read. Write to the Vice Chamberlain to let my Lords know if any agreement has been made with Mr Kent about the painting, and write to the Board of Works to let them know that the gilding on the wainscot is to be performed by Sr James Thornhill, the King's painter, whose office it is to perform works of that nature.” 3 pages.
19 Oct. 47. Report of H. Kelsall to the Lords of the Treasury. Was present by their Lordships' commands at the Assay of the copper money remaining in the Pix in the Tower of London, and attended Sir Isaac Newton, who with the other proper officers opened the Pix, in which several half pence and farthings taken out of heaps promiscuously at the times of the respective coinages were kept, and upon putting forty six half pence into a scale, found the weight to be a pound avoirdupois, wanting a half penny weight, which is within the remedy allowed by his Majesty in the warrant directing the coinage of copper money. Upon putting thirty one half pence and thirty farthings into the scale, found the weight to be a pound avoirdupois and a halfpenny weight over, which ballances the want of so much weight in the 46½ pence.
In order to assay the goodness of the copper, four half pence and eight farthings were put into the fire, and after they had been in an intense heat for half an hour they were laid upon an anvil and beaten with a hammer to a great thinness, which some of them bore without cracking in the least, though the greatest part of them are split at the edges. 19 8br 1725.
In the Minute Book, Vol. 25, p. 119 (19 Oct. 1725), it is mentioned that Mr Kelsall's report is read “and it appearing that both weight and fineness answered as they ought to do, my Lords were satisfyed with the tryals made.” 1½ pages.
10. Nov. 48. “Mint Report on Portugal Coins.” The report is made by “W. Cary” and “Is. Newton in pursuance of an order of reference from the Lords of the Treasury, who direct the weight and assay to be taken of the five sorts of Portugal gold moneys mentioned in their Lordships order, and that they should give their opinion at what value “they may reasonably go in Ireland” in case his Majesty, by proclamation, make them current in Ireland. The pieces differ in value, the smallest being of the value of 4s. 4d., and the largest 3l. 11s.d. The merchants will be apt to cull out the lightest for Ireland, and send the heaviest to the melting pot, and the pieces will quickly grow lighter, by wearing in Portugal, before they come into Ireland, and the smallest pieces will wear fastest in proportion to their weight & value; and if they are to be made current by proclamation, some abatement of the value must be made for this lightness. Mint Office, Nov. 10, 1725. 1 page.
11 Nov. 49. Thomas Clements to —. Hopes he has received the account of the fees sent to him. Sends copy of his report to the Lord Lieut. about his (the correspondent's) demand on the Treasury at the time Mr. Pratt was removed. Mr. Pratt has left the Treasury affairs in so great confusion that the Committee of Accounts sit five or six hours every day. Dublin, 11 Nov. 1725. 1 page.
21 Nov. 50. Report of the Solicitor General (Sir C. Wearg) to the Lords of the Treasury on the petition of Mary, the wife of Charles Cox, Esq., and of Dame Elizabeth Jekyll, wife of Sir Joseph Jekyll, Knight, sisters and co-heirs and also administratixes of John, Lord Somers, deceased. The petition sets forth that Sir William Hayward and Sir John Talbott, Knights, surviving trustees for sale of fee farm and other rents belonging to the Crown, conveyed to Humphrey Hetherington, Esq., in trust for Lord Somers, among other rents, the fee farm rent of 67l. 5s.d. out of the manor of Bray, in the co. of Berks, and the fee-farm rent of 67l. 18s.d. out of the manor of Cookham in the same county, and that on the pretence that they are quit-rents, parcel of the said manors and excepted from sale by an Act passed the 22nd of King Charles the Second for sale of fee-farm and other rents, they have since been detained in the hands of the respective reeves or tenants. Has examined into the allegations of the petitioner and an account of the receipts of the rents. Refers to the statute 22 Car. II. chap. 6. By Mr. Jett's state of the rents of the above manors it appears that the rents in question, before the execution of the deed of 6 Jan. 1697, stood charged as rents of assize, payable by the free and customary tenants of the respective manors. Is of opinion that the rents are included in the exception in the Act of Parliament. Apprehends that the rents in question did not pass by the deed of 6 Jan. 1697 for want of a proper description, and that they ought to have been answered to the Crown and stood in charge in the Auditors' office, &c. Finishes:—“In the present case I apprehend there will not be any occasion for a re-conveyance from Mr. Hetherington if it shall be thought proper to make any recompense to the petitioners for the rents in question; because those rents did not vest in the Trustees and consequently could not pass by the grant to Mr Hetherington.”
The petition referred to, an affidavit of Mr. Hetherington, and three other documents touching the same matter.
In the Minute Book, vol. 25, p. 124d (26 Nov. 1725):—“Mr Sollicitor General's Report of the 21st instant on the petic[i]on of the executors of the Lord Sommers, touching rents evicted out of Lord Sommers's grant of Fee-Farm Rents and not since answered to the Crown is read, and my Lords order that the most speedyest ways and means be taken for the recovery of those rents and the arrears thereof to the Crown.” 18 pages.
25 Nov. 51. Memorial of the Comrs of Excise to the Lords of the Treasury. The Barons of the Exchequer discharged all further proceedings against Hugh Cleghorn, one of the maltsters in Edinburgh, in relation to a charge of horning, given him on his accepted bill for the duty of his malt stock in hand; in respect there was no bill passed as the warrant for the horning; but immediately, upon other bills presented to the Court, they granted hornings against him and eleven other maltsters in Edinburgh, so that now they hope to give a good account of the malt duty.
Have an account from their collector in the Orkneys, that when their officers attempt to survey any malthouse there, a mob of women immediately arises and will not allow them entrance. Unless some forces are sent there, it is not expected that the malt duty can be made effectual in those islands. Excise Office, Edinb., 25 Nov. 1725.
[Letters of Horning are warrants for charging persons in Scotland to pay duties probably being originally proclaimed by horn or trumpet. See Tomlin's Law Dictionary under Horning.] 1 page.
2 Dec. 52. Capt. E. Vernon to John Scroop, Esq., Secretary to the Lords of the Treasury. His Majesty in consideration of his zeal and affection, &c., granted him 1,000l., and directed the Commissioners of the Navy to cause the same to be paid out of the sale of the old stores, but that fund being insufficient he had only received 300l. Prays for relief out of other moneys in the hands of the Treasurer of the Navy.
In the Minute Book, vol. 25, p. 131g, is:—“My Lords order that 700li the remainder of 1000li payable to Capt. Vernon by the Treasurer of the Navy, out of monies arising by sale of old stores be paid, (since the fond of old stores proves deficient) out of imprest money repaid by Sr Thos Littleton. So write to the Exchequer for issuing the 700li to the Treasurer of the Navy for that purpose accordingly.” 2 pages.
4 Dec. 53. “Copy of Capt. Thos Morphy's petic[i]on to ye Ld High Treasurer for paymt of 480li 10s 8d due to him from the Crown.”
The claim was for money expended for repairs and keeping in order “her Majesty's Marshalsea at the Savoy, to make the Marshall Prison fit to secure soldiers and deserters of the Guards, and for the accommodation of the recruits of her Majesty's army in the year 1710, 1711 & 1712” &c.
There is an abstract of the workmen's bills and a copy of a report by Sir Chr. Wren and two others saying that they might be justly paid.
On the dorse is:—“Whitehall 4th Decr 1725. It doth not appear by the books of the Office of His Majesty's Sec[reta]ry at Warr, that any warrt has been issued for payment of the £480 10 8 within mentioned, or any part thereof. Rd Arnold.” 3 pages.
7 Dec. 54. Report of A. Cracherode to the Lords of the Treasury. Has considered the annexed petition of Francis Trenley, Agent to the Officers and Company of his Majesty's ship “Lanceston,” whereby he sets forth that the Officers and Company were captors of a pirate ship, called the “Vengeance,” and that they carried the same into Jamaica, where they caused the whole crew to be convicted. The petitioner prays that the rewards offered by H.M. proclamations may be ordered. The report sets out the effect of the proclamations and gives the names of the pirates captured, and the sums due for their capture, amounting to 1,190l. Also the names of the captors and the amounts due to each. Is of opinion that the petitioner should receive the sums which he was appointed by letters of attorney to receive, as well as Captain Bartholomew Candler's share, being altogether 903l. 12s. 10¾d., and the remainder should be reserved until claimed.
The petition referred to, an Order in Council, certificate of the Governor of Jamaica (Henry, Duke of Portland), certificate of William Cockburn, Esq., Registrar of the High Court of Admiralty at Jamaica, a list of the men and their quality belonging to the ship “Launceston,” and four letters of attorney, one of which contains the signatures of such of the crew as appointed Mr Edward Jasper, of London, gent., their attorney. They all relate to the same business. 26 pages.
10 Dec. 55. Memorial of Nicholas Paxton to the Lords of the Treasury. The 300l. paid to memorialist to carry on proceedings against the deficient Masters of the Court of Chancery has been expended. Prays for a further order for 300l. to defray 70l. to the officers and clerks of the Bank for their trouble in preparing books of account and for further necessary proceedings. 1¼ pages.
11 Dec. 56. Charles Delafaye to the Lords of the Treasury. The Lords Justices have thought fit, in order the more effectually to put in execution the sentence passed by the Court of Justiciary in Scotland, upon James Falconar and four others, for being concerned in the late notorious riots at Glasgow, that they should be brought hither on one of the Custom House sloops in Scotland, under a sufficient guard of soldiers, in order to their being transported to some of H.M. plantations in America. Their excellencies ask their Lordships to give proper orders for that purpose. Whitehall, 11 Dec. 1725. 1 page.
13 Dec. 57. Report of the Attorney and Solicitor General to the Lords of the Treasury, viz., on a proclamation of 21 Dec. 1718 annexed. The question was whether certain petitioners who claimed rewards for persons convicted of piracy, “that were not pirates, or so proved to be before 1 July 1719, and for acts of piracy committed by such persons after the first of July 1719,” were entitled to the rewards given by the above proclamation; and also whether the rewards on the foot of the proclamation were payable for any other persons than such as are subjects of Great Britain. Their opinion was that no person could be entitled to the rewards promised, unless the persons so discovered, or seized, were subjects of Great Britain, and should be proved to have been pirates before, or upon, the first day of July 1719, and should be brought to justice and convicted of some act of piracy committed before that day.
Also the printed proclamation. 2 pages.
14 Dec. 58. Patrick McDowall to —. Gives him the trouble of the enclosed gift in favour of the Master of Stormont which he asks may be done for him. Sir Robert Walpole promised that it should. “The gift of the vacant tyths in favor of Mr Murray of Broughtoun, which is in Mr Lounds hands for building of a bridge hes bein much wanted this year, that water hes bein soe high that it could not be crosed for severall dayes togither.”
Baron Kennedy's life has been despaired of for some days, but he is now in a fair way of recovery. Edinburgh, Dec. 14, 1725. 2 pages.
14 Dec. 59. “Copy. Order of Council relating to Col. Moody late Governor of Placentia.” The Lords of Trade had reported that certain lands and houses belonging to Col. Moody had been seized to the value of 732l., and a fort was being built on them, and they recommended that satisfaction should be made to the Colonel. The Order of Council is, that the Lords of the Treasury should report upon the subject. There is the following note at the foot:—“14th Decr 1725. Colonel Moody to attend the Board and make good the above allegations. L.S.” 2 pages.
14 Dec. 60. Report of H. Pelham to the Lords of the Treasury on the petition of Madestard Jordan in respect to a pension of 100l. per ann. to Sarah Owen, widow of Captain Michael Owen, given to her husband for the loss of his right hand. Petitioner alleged that he had advanced 200l. to Mrs Owen on the strength of the grant of the pension. Possibly he might have conceived it safe to do so. War Office. 14 Dec. 1725. 1 page.
20 Dec. 61. Petition of John Denew, merchant, and Edwd Steadman and John Green, gentlemen, to the Lords of the Treasury. Petitioner having discovered a parcel of Low Marsh land in the parish of Long Port, in the co. of Somerset, called Common Moor, containing near 300 acres, belonging to and withheld from the Crown, preferred a petition to their Lordships for a lease and the benefit of their discovery, but their Lordships declined then to come to any determination on the report. Pray that a Commission or letter of inquiry may be issued, and on the return thereof a lease of the lands may be granted to them. 1 page.
20 Dec. 62. A scheme or proposal on the part of the Lords of the Treasury for the reduction of the advances from the Treasury to Mr Missing, who contracted to constantly keep up a magazine at Gibraltar of six months' provisions for 1,500 men. The garrison having been increased to upwards of 6,000 men, their Lordships advanced 15,000l., and the whole money now advanced to him is 20,000l. As the siege is raised a great part of the forces are brought back, and the present number victualled is about 3,000, and the advanced money has to be reduced in proportion. Dated “20 Dec. 1725,” but query after 1727, from the siege of Gibraltar. 1 page.
22 Dec. 63. Report to the Lords of the Treasury of Mr A. Cracherode of the costs for law charges of all causes under his “conduct’ for the business of the last term. 9 pages.
25 Dec. 64. Thomas Clutterbuck to [ ]. The letter from the Lords of the Treasury to the Lord Lieut. did not desire his opinion in what manner the demand might be satisfied, but “whether any public money remains in the hands of the teller which by proper directions may be applicable to discharge the said fees.” [It is not clear what the demand was, nor who makes it; but an effort was being made to get a King's letter to discharge it.]—Dublin Castle, Dec. 1725.
On the outside is:—“Mr Clutterbuck the 25th Decer 1725. 6 pages.
[? 1725 or
65. “Proposals for raising 103,480li pr ann. for the use of the crown in a manner that will be beneficiall and not burthensom to ye nation in general.”
The proposal was to abolish the duty on hair imported to make periwigs, and to put a duty on periwig ribbon and on the stock of periwigs in hand. The paper also includes reasons for the proposals and “The Calculation.” 6 pages.
about 1725
or earlier.]
66. Petition of Lieut. Colonel George Howard to the King. The lands, &c. in the town and manor of Clare and Sudbury, also within the borough of Thackstead, Bardfurd [? Bardfield] Magna, and Asham, and divers lands in the hundred of Begglerhill alias Bebberheath, Cotford, Risbridge, Thedwaiter, and Lockford, and other lands in Suffolk granted by King William for 31 years, having fallen into the hands of a popish heir and the profits being converted to superstitious uses, prays for a reversionary grant of the same for 31 years. 1 page.
1725. 67. “Petition. Thomas Greig & others, Burgesses of the Borough of Coupar, to the Lords Commrs of his Majesty's Treasury, 1725.” An election for the borough having been carried on illegally, the same was set aside and the borough remained without magistrates, and must so remain until a new election can be had under his Majesty's royal warrant. Have applied to his Majesty for the grant of a warrant. There are no magistrates and counsellors by whom alone “Stent-masters” can be appointed for assessing the land tax. Taking advantage of these unhappy circumstances, the Receivers of the Land Tax have ordered distress by quartering against the petitioners and other burgesses; and they are thus liable to that hardship without being able to disengage themselves, and so they must continue to suffer until an election is had, unless their Lordships would order the quartering to be removed. Pray for relief. 2 pages.
1725. 68. Petition (with blanks not filled up) of John, Lord Balmerino and Cowper to the Lords of the Treasury. There is due to his Majesty 204l. Scotch, yearly, for blench duties payable for the Lordship of Cowper, and 92l. 13s. 4d. for blench duties for the Lordship of Balmerino. It has been usual for the Sovereign to grant the arrears of blench duties and to make grants of them for some years to come to their vassals. Prays a grant, &c. of these duties. Dated on the back 1725. 2 pages.
1725. 69. Petition of William Ross, of Tayn, in North Britain, to the Lords of the Treasury. Was appointed, in conjunction with his father, uncle, and cousin, by the Comrs of Forfeited Estates in North Britain, to collect the rents of several highland forfeited estates; and in the execution of their office they were attacked by some hundred highlanders in arms, who wounded petitioner dangerously in the breast by a musket shot, killed his cousin, and wounded his father in the neck and arm, and robbed them of papers, money, &c. Prays, in consideration of their sufferings, &c., for the the grant of a warrant appointing him surveyor of foreign salt for the Port of Inverness. Dated on the back 1725. 1 page.
[? About
70. Memorial of Daniel Campbell, Esq., to the Chancellor of the Exchequer. The few duty or quit-rent of 500l. sterling payable to the Crown out of the lands and Island of Islay in Scotland, has for several years been granted by the Crown to the family of Lennox and Richmond. Memorialist is proprietor of the lands and Island of Islay, out of which the few duty is payable, and petitioned, in consideration of his services, for a lease or grant of the reserved rent or tack duty of 41l. 13s. 4d. sterling. The petition was referred to the Barons of the Exchequer in Scotland. The Barons by their report of 26 July 1725, certified that the grant or lease of the few duty of 500l. per ann. by Queen Anne was made to Edward Hyde, eldest lawful son of Edward, Lord Cornbury, nephew to Charles, late Duke of Lennox, and Lady Katherine Stewart alias “Obrain,” the said Duke's sister, and his heirs: but that is determined by the death of her Majesty: his Majesty, however, might, if he pleased, grant the reserved rent of 41l. 13s. 4d. to memorialist during his Majesty's life, and the arrears thereof from 1706. The memorialist's sufferings and losses by the late affair at Glasgow are too “nottour” to be mentioned. Prays a grant of the rent or tack duty of 41l. 13s. 4d. and the arrears. 2 pages.
1724 or
71. Abstract of the report of the Barons of the Exchequer in Scotland upon Lady Cromertie's petition that her jointure may be paid her out of her husband's estate. Her Ladyship by her marriage contract was provided with “40 chalders of victual by way of Locality” out of lands lying most convenient to Castle Leod, which with the houses and gardens thereof were given her as a jointure-house. The consideration was 2,000 marks “scots,” or 1,111l. 2s. 2d. sterling paid to her husband by way of marriage portion.
“The Barons say that his Majesty may, if he please, grant Lady Cromertie her jointure as if her husband was naturally dead, yet as it cannot operate in prejudice of lawful creditors, they cannot see how far such grant can be available for the relief of her Ladyship or her family. Undated. 1½ pages.
[? 1725.] 72. “Prince William's fees of honr for Knighthood of the Bath.” The above is the outside title to a paper which is headed “A Bill of fees due to the King's Majesty's servants from all persons that receive the Honr of Knighthood of the Bath.” In Haydn's Book of Dignities, p. 394, is a list of knights created on the revival of the order in 1725, amongst whom is “His Royal highness, William Augustus duke of Cumberland.” 2 pages.
[? 1725.] 73. Memorial of Richard Macgwire and Josiah Poole, merchants and farmers of the Isle of Man, to the Lords of the Treasury. The Earl of Derby by lease of 9 Feb. 1721 let to memorialist the duties and customs on the arrival of all ships and boats at the Isle of Man, and for goods, &c. imported and exported, and all the Earl's storehouses and warehouses in Castletown, Ramsey, Douglas, and Peeletown, and the use of an apartment in the Castle (the customs of the goods exported out of the Isle for the use of the Earl, his heirs, &c. excepted) from 1 March 1721, for 21 years, at a rent of 1,050l. payable quarterly at Liverpool; with a proviso for the rent to cease in time of Quarantine, and then only one third of the duties collected, to be paid by memorialists, and they to have the other two thirds for their own use. Are informed that if the customs and trade of the Isle were under the collection and inspection of officers appointed by his Majesty, the Customs of Great Britain would be increased at least 100,000l. per annum.
The Crown for several months past has been at great expense for ships to guard the coast and trade of the Island, which would be saved by the Customs being vested in Trustees.
By an Act passed in the last Sessions of Parliament their Lordships are authorized to agree with the Earl of Derby (who has only an estate for life in the Customs, subject to memorialists' lease as they apprehend), and with the Trustees appointed by the said Act for the Honble Henrietta Bridget Ashburnham, an infant (who has a right to the inheritance subject to the Earl's estate), and also with memorialists for their interest in the Isle or the Customs thereof, for such considerations as their Lordships shall think fit. Propose to assign their interest to such persons and on such terms as their Lordships shall think just.
Undated, but in the Minute Book, vol. 25, p. 204k (2 Aug. 1726), is:—“Write to the Commrs of Customs to know the precautions they have taken for regulating the trade to & from the Isle of Man since the Act of the last session of parliament passed for improving the Customs, &c.” 1½ pages.
[? 1724 or
74. Petition of John Leverock, yeoman, and Robert Saint Clare, distiller, to the Lords of the Treasury. Petitioners were taken up on 26 Feb. 1724, and close confined in Mr Chandler's house (being one of H.M. messengers) until 13 Sept. following, by order of the Secretary of State. Their imprisonment was not for any offence, but they were detained as evidences against Sir Alexr Anstrother: complain that they were kept short of food and without the decencies of life. Pray for some allowance. Undated. 1 page.
[? About
75. Memorial of Richard Woollaston, Esq., to —. Was chosen a member of Parliament for the borough of Witchurch, in Hampshire, in 1696; and served the borough till Lord Oxford dissolved the Ministry, and the Queen the Parliament. Acted also for the following Parliament, when “Mr Tilny and Mr Vernon spent about 7,000l. to turn Mr Woollaston out,” who had for above 14 years kept up the honest interest there, at an incredible expense. He always brought in a friend, and particularly General Shrimpton, when he was abroad in the army at the usual times of the elections; and was not only at expenses there but at several boroughs and counties at every new election, to bring in honest gentlemen: and though he did not stand himself this parliament he spared for no money, nor pains, to get those chosen that were attached to his Majesty's interest in several counties and boroughs. Has never once swerved from the interest of his country, but has not received the least consideration except a lease of the Abbey of Furnace, in the county of Lancaster, for 29½ years, from the late Queen, obtained by the interest of the late Lord Godolphin: and this cost him 1,500l. to maintain the right of the Crown. In this case he was cast on a nicety of law, the question being “whether yt estate upon ye forfeiture was come back to ye King as King, or as Duke of Lancaster.”
Since his Majesty's Accession Mr Preston clandestinely agreed “to pay a 1,000l into the Exchequer to resign up ye 15 years wch he has recovered to make them 31 years, ye king not knowing of any lease Mr Woollaston had, and thereby he is defeated of his reversion” unless he will enter into a long and chargeable suit. These misfortunes and expenses for the public service have extremely impaired memorialist's fortune. He has besides had a family of 23 children, and neither he, nor any of them, has had the least place under the Government. Undated; but perhaps 1725, as a Richard Woolaston is stated to have received money as of his Majesty's bounty. See Minute Book, vol. 25, Index 95d, &c. 1 page.
[? 1725.] 76. Petition of Samuel Boucher to the Lords of the Treasury. In the year 1721, being bound for Bengal, in the East Indies, discovered that the Captain had put out certain goods and sold them at the Cape of Good Hope. Petitioner and others at great loss caused the Captain to be tried in or about Hilary term 1724, and he was fined 1,000l. and the goods condemned at 700l. and upwards. Prays for relief. 1 page.
[In or after
77. Petition of Christopher Popping and divers others, including Jane Rhodes, the widow of Henry Rhodes, who died intestate possessed of 40,000l. personalty. Jane Rhodes claimed as his widow letters of administration, together with a moiety of his personal estate under the custom of London, whereof the intestate was a freeman; the petitioners insist that they are entitled to his personalty as next-of-kin. William Rhodes as next-of-kin had entered a caveat and suits ensued. Pray that no new orders shall be made out until their Lordships' further directions therein.
[Sir R. Walpole is described as Knight. The date must be in 1725 or after. See Beetson's Political Index, vol. 1, p. 339.] 3 pages.
[? 1725.] 78. Opinion of Isaac Jennings and Thomas Mazine addressed to Sir Robert Walpole, K.B., first Lord of the Treasury, as to a duty on malted corn, giving many particulars as to distilling, &c. and how a duty might be collected.
Undated, but Sir R. Walpole was made a Knight of the Bath 1725, and a Knight of the Garter the next year. 1 page (brief size).