DIE Lunæ, videlicet, 10 die Maii,
Domini tam
Spirituales quam Temporales, quorum nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
|
|
p. Archiepus. Cant.
Archiepus. Eborum.
p. Epus. London.
p. Epus. Dunelm.
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Epus. Petriburg.
Epus. Hereforden.
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Comes (fn. *)
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Comes Cumbriæ.
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p. Comes Essex.
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p. Ds. Stafford.
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p. Ds. Grey de Werke. |
Confirmation of Hospitals.
THE Lord Archbishop of Cant. reported the Bill
for Confirmation and Continuance of Hospitals and FreeSchools, fit to pass, without any Amendments. Ordered
to be ingrossed.
Lord Treasurer at the Bar.
The Lord Keeper did put the House in Mind of the
Business concerning the Lord Treasurer, which was appointed to be proceeded in this Morning.
Charge touching Sugars opened against him.
The Lord Treasurer being thereupon brought to the
Bar by the Gentleman Usher, Mr. Serjeant Crewe did
open the Charge against him, concerning the Lease of
Sugars, in this Manner: videlicet,
"Quarto Decembris, Anno 18° Jacobi, the King
leaseth to George Heriott the Impost on Sugars, to
hold from Christmas following, for Three Years, at
the Rent of Five Thousand Six Hundred Sixty-six
Pounds, Thirteen Shillings, and Four Pence per Annum,
payable at Midsummer and Christmas.
"Duodecimo Januarii, Anno 19°; Jacobi, the Lord
Treasurer procures George Heriott to surrender that
Lease; and the next Day takes a Lease thereof from
the King unto Nicholas Herman and Thomas Catchmay
(Two of his Lordship's Servants), unto his own Use,
at Two Thousand Pounds Rent per Annum, and lets
the same unto the Farmers at Six Thousand Pounds
per Annum; and, to effect this Surrender, gives Order
(in a Time of Scarcity of Money) for the Payment of
Fourteen Thousand Eight Hundred Sixty-five Pounds,
due unto the said Heriott for Jewels, which was presently paid, between the 15th of December 1621 and
the 10th of January following; which was paid in
this Manner, videlicet, Seven Thousand Pounds odd
Money out of the Arrear of the said George Heriott's
Rent, and Seven Thousand Pounds odd Money out
of the Tobacco Farm, by Way of Anticipation.
"The Crime objected against the Lord Treasurer
herein is this. Had Heriott's Lease continued, Heriott's
Debt had been paid out of his Rent. And the Lord
Treasurer hath not only caused that Lease to be surrendered, and procured a new Lease thereof unto his
Servants (to his own Use), at a far less Rent, but hath
laid Seven Thousand Pounds of that Debt upon the
Farm of Tobacco; and this he hath done in a Time
of Scarcity of Money; even then when he caused the
Imposition to be laid on the Wines, for a Supply for
the Palatinate. And further, he hath paid this
smaller Rent of Two Thousand Pounds per Annum
very slowly unto the King; an Arrear of Three Thousand Pounds thereof being paid since the One and
Thirtieth of December last, after the Summons of this
Parliament.
"And whereas, for the Advancement of Trade, the
Merchants, upon the Exportation of their Merchandizes, are re-paid the Customs which they formerly
paid for the Importation, this is denied upon the Exportation of Sugars, to the Damage of the Merchants, and for the Lord Treasurer's private Gain."
Proofs in Support of it.
Then the Clerk read the Proofs: videlicet,
"The Certificate of Sir Robert Pye and Sir Edward
Wardour. Mr. Heriott's Debt due to him
for Jewels, and in what Manner he was paid
the same between December 1621 and January following: videlicet,
|
|
|
|
|
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|
£. |
s. |
d. |
| "15 Dec. 1621. |
"There was allowed, by Order from the Lord Treasurer, the 15th of Dec. 1621, unto Mr. Herriott, for Jewels sold to the late Queen Anne, in Part of Payment of 3584£. 16s. 10d. the Sum of |
792 |
13 |
6 |
| "17 Dec. 1621. |
"More allowed unto him, by like Order from the Lord Treasurer, the 17th of the said December, in full Payment of the said Sum of 3584£. 16s. 10d. |
2792 |
3 |
4 |
| "Summa Totalis, |
|
3584 |
16 |
10 |
| "10 Januarii, 1621. |
"More allowed unto Mr. Herriott, by several Orders from the Lord Treasurer, for Jewels, etc. by him at sundry Times delivered, and now paid for, between the said 15th of December 1621, and the 10th of January following, over and besides the Sums abovementioned, |
11280 |
3 |
2 |
|
"Sum Total of all the Moneys allowed by the Lord Treasurer unto Mr. Heriott, is |
14865 |
0 |
0 |
"Now the Manner how these Moneys were allowed
and paid unto Mr. Herriott was as followeth:
|
|
|
|
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| "15 Dec. 1621. |
"There was a Tally stricken at the Receipt of the Exchequer, upon the Farm of the Impost of Sugars, the 15th of December 1621, being the Remain in Mr. Herriott's Hands, upon his Accompt for |
2133 |
10 |
6 |
|
"There was likewise another Tally stricken upon the Sugars, for a whole Year's Rent, due at Christmas 1621, then next following, by Mr. Herriott, for |
5666 |
13 |
4 |
| "10 Jan. 1621. |
"And there were likewise Two other Tallies more, stricken the 10th of January 1621, upon William Burton and Peter Sanderson, upon the Tobacco Farm, newly let to them by Letters Patents, dated 21st of Dec. 1621, by Way of Anticipation, for the Sum of |
7289 |
16 |
2 |
"Ro. Pye.
"Ed. Wardour.
"And so this being cleared, the new Grant of the
Sugars began the 13th of January 1621, as followeth:
"The new Grant of Sugars, and the Payments
made thereupon: videlicet,
|
|
|
|
|
|
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|
£. |
s. |
d. |
| "23 Januar. 1621. |
"The Lease of Sugars was granted unto Nicholas Harman and Thomas Catchmay, by Indenture dated the 13th of January 1621, Anno 19°; Jacobi Regis; but they paid not their first Half Year's Rent until the 24th of January 1622; which was then paid for the Half Year ended at Midsummer 1622, |
1000 |
0 |
0 |
| "Paid by them, for the Half Year's Rent due at Christmas 1622, |
1000 |
0 |
0 |
| "More paid by them, the same Day for the Half Year's Rent due at Midsummer 1623, |
1000 |
0 |
0 |
| "Also paid by them, for the Half Year's Rent due at Christmas last, 1623, |
1000 |
0 |
0 |
"Ex. per Ro. Pye.
"Ex. per Ed. Wardour."
|
|
G. Cant.
H. Maundevill.
H. South'ton. |
Tho. Coven. et Lich.
Arth. Bath. et W.
H. Danvers. |
"The Examination of Sir John Wolstenholme, Knight,
Abraham Jacob, and Henry Garway, taken the
27th of April 1624.
Wolstenham, Jacob, and Garraway's Examinations.
"The said Examinates say, That they, and Mr. Morrice Abbott, and Mr. Dawes, are Farmers to the Lord
Treasurer, of the Farm of Sugars, at the Rent of Six
Thousand Pounds per Annum; and say, there is not
any Allowance made to the Merchant upon the Exportation of Sugars, of the Impost which the Merchant pays upon the Importation of the same, according as is in Case of other Merchandize; and they say,
that, paying so great a Rent, they may not allow the
said Impost to the Merchant, unless they have their
Rent abated, or that His Majesty will bear the Burthen and Charge of that Allowance; and say, that
they have moved the Lord Treasurer, that Allowance
thereof may be made to the Merchant, for the Advancement of Trade; and his Lordship took the same
into Consideration, but hath not given any Direction
therein; and further say, that such as farmed the
Sugars before these Examinates did not give that Allowance; and therefore these Examinates, following
the same Courses, did not yield any Allowance in that
Behalf, more than had been before their Time.
"Jo. Worstenholme.
"Abraham Jacob.
"Henry Garwaie."
|
|
|
G. Cant.
H. Maundevill.
Tho. Co. et Lich.
Arth. Bath et W. |
Tho. Wentworth.
Theo. Howard.
H. Danvers.
Ro. Spencer. |
Strowd, Kendal, and Dawes's Examination.
The Examinations of George Strowd, George Kendall,
and Abraham Dawes, prove the same touching the Impost not paid.
The Lord Treasurer's Answer:
Lord Treasurer's Answer.
"His Lordship confessed the Lease to Herriott, at
the Rent of Five Thousand Six Hundred Sixty-six
Pounds, Thirteen Shillings, and Four Pence; and the
Lease to his own Use (upon the Surrender) at Two
Thousand Pounds Rent; and that he hath let the
same at Six Thousand Pounds per Annum; and affirmed, that His Majesty was first acquainted with it,
and well allowed thereof."
Hereupon the Lord Keeper signified to the House,
That the King had commanded him to tell their Lordships, "That His Majesty understood that the Lord Treasurer should gain by this Lease Four Thousand Pounds
per Annum;" so there was no further Proceeding in that
Point of the Charge.
The Lord Treasurer also confessed, "That he had
paid Herriott Fourteen Thousand Pounds odd Money;
but affirmed, that it was a just Debt; and that Herriott had Power to pay himself (by a Privy Seal) out
of his Rent."
"His Lordship denied, "That he paid Seven Thousand
Pounds of that Debt out of the Tobacco Farm, by
Way of Anticipation; and said, that he only transferred it from the Sugars to Tobacco; and justified
the same, for that the King's Meaning was, that he
should have Four Thousand Pounds per Annum out of
the Impost for Sugars, presently upon his Surrender
of the Wardrobe; and that the King lost not by it;
for he (the Lord Treasurer) had, for the Disbursements of the Wardrobe, Twenty Thousand Pounds
per Annum, which he hath now settled at Sixteen
Thousand Pounds per Annum; and yet the King's
State therein maintained, and a noble Gentleman rewarded.
"Touching the slow Payment of his Rent, he denied
it not; but said, he had disbursed as much or more
before-hand for the King, in other Matters.
"As touching the Impost not returned upon the Exportation of Sugars, his Lordship denied that it was
ever demanded of him; and affirmed that, if it be
due, then the Farmers are tied by his Lease to them
to repay it; but, if they be not so tied, that then he
will repay it all, both for the Time past and to
come."
And thus ended the Charge for the Sugars.
Then Mr. Serjeant Crewe did open the Charge against
the Lord Treasurer, touching his Lordship's Warrants
to levy Compositions for Purveyance of Grocery in the
Out-Ports, after this Manner: videlicet,
Lord Treasurer's Charge touching Grocery.
"That the City of London did compound with the
King for Grocery. The Out-Ports refused (especially
Bristoll), and yielded unto Purveyance in Kind; and
that Bristoll had an Order for this in the Exchequer,
in the Time of Robert Earl of Salisbury, late Lord
Treasurer; yet, notwithstanding, the Lord Treasurer
directed his Warrants to levy this Composition; and
notwithstanding it was not due to the King, nor any
such Composition entered in the Compting-House, his
Lordship commanded their Goods (then in the Ports)
to be stayed, and not entered, till it were paid, or
Bonds given for it; and thereby constrained some
Ports to pay it; and the Merchants of Bristoll (who
denied it) to attend his Lordship Ten Weeks together,
to be discharged; and yet Bonds were exacted from
the Merchants of Bristoll for the Payment thereof,
after the Lord Treasurer was acquainted with the said
Order in the Exchequer, even till the Summons of
Parliament; for which Mr. Serjeant charged the Lord
Treasurer with Oppression and Extortion, contrary to
his Lordship's Oath, to do Right to the Poor and Rich
in such Things as concern his Office."
Proofs of it.
The Clerk read the Proofs: videlicet,
"The Examination of John Guy and John Barker,
taken 21st April 1624.
Guy and Barker's Examination.
"The said Examinates say, That, in the Time of the
Lord Treasurer Salisbury, a Reference was made by
his Lordship to the Lord Chief Baron and Baron Snigg,
touching a Composition then demanded of the Merchants of Bristoll, for Purveyance of Wines and Grocery; and, upon deliberate Hearing, the Officers of
the Houshold being present, it was then Resolved,
That they should not be pressed to those Compositions, but should submit to Purveyance, when His
Majesty or the Queen came within Twenty Miles of
that City; and accordingly, at Queen Ann's being at
Bathe, they did submit to Purveyance, to their Charge
of Eight Hundred Pounds; yet, in November was
Twelve-month, upon a Warrant from the Lord Treasurer, they were pressed to pay Composition for
Grocery, after the Rate as was paid in London; and
were forced to enter Bonds for Payment, or discharging by a Day; whereupon this Examinate John
Guye attended the Lord Treasurer, to be freed, and
shewed him the Proceedings aforementioned; but
could get no other Relief but a Letter, of which he
now delivered a Copy to the Lords Committees; which
Copy this Examinate received from his Lordship's Secretary; ever since which Time the Officers have
pressed the Merchants to enter Bonds till about the
Beginning of the Parliament, and, since that Time,
the Officers have accepted the Merchants Words;
and saith, that the Copy of the Lord Treasurer's
Warrant, or Letter, dated 20th November 1622, is a
true Copy of the Letter which came to the Port of
Bristoll, and is now in the Hands of the Lords Committees; and say, that they attended Ten Weeks at
one Time, and have had Agents for the City of
Bristoll Three Times, and have spent above a Hundred
Pounds in Charges, to be eased of this Burthen; and
further say, They never paid any Composition for
Wines or Grocery until this Lord Treasurer's Warrant.
John Guy.
John Barker.
|
|
|
H. Maundevill.
H. South'ton.
Theop. Howard.
Tho. Wentworth. |
Fra. Russell.
Rob. Spencer.
William Say et Seale. |
"The Information of John Chappell, taken upon
Oath, 22d April, 1624.
Chappell's Information upon Oath.
"That, in the Custom-House of the Port of Exeter,
there hath been collected, for the Composition Money
of Grocery, of and from every Merchant which hath
made any Entry in the said Custom-House, since the
Four and Twentieth Day of November 1622, by Warrant under the Hand and Seal of the Right Honourable
the Lord High Treasurer of England, of these Goods
following, these several Rates:
|
|
|
"Pepper,
Cloves,
Maces,
Nutmegs,
Cinamon, |
the Cwt. |
xvii d. |
| Ginger, the Cwt. |
|
xii d. |
| Raisins of the Sun, Cwt. |
|
iii d. |
| Raisins Malaga, the Piece, |
|
1 d. ob. |
| "Pruens, the Tun, |
|
16 d. |
| "Almonds, the Cwt. |
|
vi d. |
| "Sugar in Loaves, the Cwt. |
|
vi d. |
| "Currants, the Tun, |
|
ii s. |
| "Oil, the Pipe, |
|
iii s. |
| "Coarse Sugar and Cwt. |
|
iii d. |
| "Figgs, the Barrel, |
|
1 d. |
| "Figgs, the Piece, |
|
iii q. |
| "Figgs, the Tapnet, |
|
ob. |
| "Sugars Powder, Whites and Muscavadoes, Opt. |
|
xx d. |
| "Dates, the Cwt. |
|
viii d. |
| "Rice, the Cwt. |
|
iiii d. ob. |
| "Olives, the Tun, |
|
iiii s. |
| "Castell, Venes, and all other Kind of Cake Soap, the Cwt. |
|
vi d. |
| "Anniseeds, the Cwt. |
|
ii d. |
| "Sugar Refined, the Cwt. |
|
viii d. |
| "Liquorice, the Cwt. |
|
ii d. |
"The Merchants Entries in the Custom-House for
any of these Goods could not be allowed before they
had compounded, with the Assigns of Mr. Abraham
Jacob, to pay the said Composition-money specified in
these several Rates.
"Jo. Chappell."
H. Maundevill. H. South'ton. Rob. Spencer.
"The Lord Treasurer's general Warrant to Abraham
Jacob, to levy the said Composition, and not to suffer
any Goods to be landed, etc. in London and the OutPorts, until the said Composition be first duly satisfied
and paid, as hath been accustomed.
"The Copy of the Lord Treasurer's Letter to the
Customers of Bristall, reciting a Composition for Grocery; and that heretofore divers Letters and Warrants have been sent to Bristall, and all other Ports,
for the Collection thereof, by the late Lord Treasurer
Dorsett; and commands that no Goods be permitted
to be landed, etc. until the said Composition be paid,
and to be aiding for the due Collection thereof, according to the said Letter, dated 20th November
1622.
"The Copy of the Lord Treasurer's Letter unto the
Customers of Bristall, dated 24th February 1622,
wherein his Lordship takes Notice of an Agreement
made between the late Lord Treasurer Salisbury and
them of Bristoll, concerning the Composition for
Spices; and requires the Officers to accept of the
Merchants Bonds, with Sureties for the Payment
thereof, until he had fully considered of the said
Agreement.
"And the Relation of Thomas Giar upon Oath, That
this Composition is demanded and paid in Waymouth,
and their Goods not suffered to be landed until it be
paid.
"And the Lord Treasurer's Warrant to Poole, for the
Collection of the said Composition, dated the 24th of
April 1622."
"The Lord Treasurer's Answer:
Lord Treasurer's Answer.
"That herein he did but his Duty; and that, if he
had neglected it, he had not done his Duty: That he
required nothing to be done by his Warrants, but
what was accustomed in Queen Elizabeth's Time, and
in all the King's Time: That his Warrants were according to the usual Form, and general to all the
Ports, not knowing that Bristol was exempted by the
Order in the Lord Treasurer Salisbury's Time until
afterwards; that when he knew of it, he yielded to their
Request, and Guy went away well satisfied with his
Answer; and that none had Benefit by this Composition but the King only."
The Clerk read the Examinations taken on his
Lordship's Behalf: videlicet,
"The Examination of Sir Simon Harvey.
Harvey's Examination.
"That Composition for Grocery was usually collected
in all the Out-Ports (save Exeter and Bristowe), in the
Lord of Dorsett's Time; and that himself received the
same for Four or Five Years; and that they were but
for Petty Things for the most Part, brought in by
way of Reprizal, in the Time of Queen Elizabeth:
That Mr. Jacob was appointed to levy the same for
the King: That the Citizens of Bristowe did acquaint
the Lord Treasurer with the Order to exempt them
the Composition; and the Lord Treasurer sent this
Examinate to treat with them to yield to Composition,
which they denied; whereupon the Lord Treasurer
answered, Let them stand to the Earl of Salisbury's
Order; other Discharge he gave them none: And
this Examinate thought they went away well satisfied;
for they heard what the Lord Treasurer said."
"The Examination of John Clerke.
Clerk's D°;.
"That Mr. Jacob was appointed to levy the same
Composition, by Warrant from the Lord Treasurer;
the Ground whereof was, for because the receiving
thereof was taken away from Thomas Barrett, the
King's Grocer, who had given Twelve Hundred Pounds
for it; and that those Duties had been duly levied in
some of the Out-Ports; but Exeter and Bristowe stood
out. He hath not known any of those Duties taken
since the Queen was at The Bath; and that there is a
Table in the Custom-House of London, to shew this
Composition for London."
Serj. Crewe's Reply.
Mr. Serjeant Crewe replied, "That there is no Table
in the Custom-House, to shew any Composition for
the Out-Ports;" and caused the Clerk to read the
Examination of John Guye, on the Part of the Lord
Treasurer, taken 1 Maii 1624, which agrees in Effect
with his former Examination taken for the King; and
that, after he and others of Bristowe had long petitioned the Lord Treasurer to have their Bonds canceled and delivered, which they had entered for the
Payment of the said Composition, they could not obtain any Thing, save some good Hopes and fair Words
from Sir Simon Harvey; and that their Bonds are
yet detained."
Lord Treasurer's Defence.
The Lord Treasurer affirmed to the Lords, "That
himself knew this Composition to be paid by the OutPorts; and that his Warrant was only to levy the
same, as formerly it had been paid; and promised to
send Barett's Books, and some Notes out of the Counting House, to prove the Payments thereof heretofore
by the Out-Ports."
Then the Lord Treasurer was withdrawn.
Ordered, To be here again at the Bar, at Two this
Afternoon.
And Agreed, To have a Stool whilst the Charge is
in giving.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque (fn. *) in horam 2m hujus diei, in pomeridiano, Dominis sic decernentibus.
Post meridiem,
Domini tam Spirituales quam Temporales, quorum
nomina subscribuntur, præsentes fuerunt:
p. Carolus Princeps Walliæ, etc.
|
|
|
p. Archiepus. Cant.
Archiepus. Eborum.
p. Epus. London.
p. Epus. Dunelm.
Epus. Winton.
Epus. Petriburg.
Epus. Hereforden.
Epus. Wigorn.
p. Epus. Norwicen.
p. Epus. Roffen.
Epus. Glocestren.
Epus. Carlien.
p. Epus. Co. et Lich.
p. Epus. Bath. et W.
p. Epus. Bangor.
Epus. Elien.
Epus. Cicestren.
p. Epus. Oxon.
p. Epus. Cestren.
p. Epus. Landaven.
p. Epus. Sarum.
p. Epus. Exon.
p. Epus. Meneven.
p. Epus. Bristol.
p. Epus. Asaphen. |
p. Epus. Lincoln, Ds. Custos Mag. Sigilli.
Comes Midd. Magnus Thesaur. Angliæ.
p. Vicecomes Maundevill, Præs. Concilii Domini Regis.
p. Comes Wigorn. Ds. Custos PrivatiSigilli.
Dux Buck. Magnus Admirallus Angliæ.
Marchio Winton.
p. Comes Oxon. Magnus Camerar. Angliæ.
p. Comes Arundell et Surr. Comes Mares. Angliæ.
p. Comes Pembroc, Senescallus Hospitii.
Comes Northumbriæ.
Comes Salop.
p. Comes Kancii.
p. Comes Rutland.
Comes Derbiæ.
Comes Cumbriæ.
p. Comes Sussex.
Comes Huntingdon.
Comes Bath.
p. Comes South'ton.
Comes Bedford.
Comes Hertford.
p. Comes Essex.
p. Comes Lincoln.
Comes Nottingham.
Comes Suffolciæ.
Comes Dorset.
p. Comes Sarum.
p. Comes Exon.
p. Comes Mountgomery.
p. Comes Bridgwater.
p. Comes Leicestriæ.
p. Comes North'ton.
Comes Warwiciæ.
p. Comes Devon.
Comes Cantabr.
Comes Holdernesse.
Comes Carlile.
p. Comes Denbigh.
Comes Bristol.
p. Comes Angles.
Vicecomes Mountague.
p. Vicecomes Wallingford.
Vicecomes Purbeck.
p. Vicecomes Maunsfeild.
Vicecomes Colchester.
p. Vicecomes Rotchford.
p. Vicecomes Andever.
p. Vicecomes Tunbridge.
Ds. Abergavenny.
Ds. Audley.
Ds. Zouch.
p. Ds. Willoughby de Er.
Ds. Delawarr.
p. Ds. Berkley.
Ds. Morley et Mount.
Ds. Dacres de Herst.
p. Ds. Stafford.
p. Ds. Scroope.
p. Ds. Duddeley.
p. Ds. Stourton.
Ds. Herbert de Shep.
Ds. Darcy de Men.
Ds. Vaux.
Ds. Windsore.
p. Ds. Wentworth.
p. Ds. Mordant.
p. Ds. St. John de Bas.
Ds. Cromewell.
Ds. Evre.
p. Ds. Sheffeild.
p. Ds. Pagett.
Ds. North.
p. Ds. St. John de Bl.
p. Ds. Howard de W.
Ds. Wootton.
p. Ds. Russell.
p. Ds. Grey de Groby.
p. Ds. Petre.
p. Ds. Danvers.
Ds. Spencer.
p. Ds. Say et Seale.
p. Ds. Denny.
p. Ds. Stanhope de H.
p. Ds. Carew.
Ds. Arundell de W.
p. Ds. Haughton.
Ds. Teynham.
Ds. Stanhope de Sh.
p. Ds. Noel.
Ds. Brooke.
p. Ds. Mountague.
p. Ds. Cary de Lep.
Ds. Kensington.
p. Ds. Grey de Werke. |
Lord Treasurer at the Bar.
THE Lord Treasurer being brought to the Bar (in
Manner as before, and a Stool set for his Lordship), he
informed the House, that (according to his Promise this
Morning) Barrett is come, with Accompts for the Composition touching Grocery paid at Bristoll.
And it was Agreed, That they should be brought to
the King's Counsel, to be perused.
Mr. Attorney General proceeded to the Charge concerning the Office of the Ordnance, and the unlawful
Bargain for Sir Roger Dallison's Lands, in this Manner:
videlicet,
Charge against him concerning the Office of Ordnance, &c.
"That the Fourth Charge, whereof the Lord Treasurer is accused, is concerning the Office of the Ordnance, and the Bargains for Dallison's Lands; in
which will appear that the Lord Treasurer, for his
own private Benefit, contrived and prosecuted divers
unlawful Bargains; and, in the mean Time, neglected
wholly that which concerned the Publick; which was,
the furnishing of the Office of Ordnance with Emptions and Stores, for the Safety of the King and His
Kingdoms.
"Concerning the Bargains, it stands proved, That Sir
Roger Dallison, being Lieutenant of the Ordnance,
became indebted unto the King in Nine Thousand
Nine Hundred Sixty-two Pounds, for Moneys impressed for that Office, but not employed; and that
Sir Roger Dallison and Sir Thomas Mounson were indebted to the King, by Bonds, to the Value of One
and Thirty Hundred Pounds; which Bonds were forfeited for not bringing in certain Stores into that Office; both which Debts amounted to Thirteen Thousand One Hundred Sixty-two Pounds; and that the
Lands of Dallison were extended for Nine Thousand
Nine Hundred Sixty-two Pounds, and the Lands of
Monson for One and Thirty Hundred Pounds; and that
20 Julii, 18 Jacobi, the King assigned these Extents to Francis Morrice, Clerk of the Ordnance, and
others, in Trust for the Officers and Creditors of
that Office, towards Satisfaction of so much of their
Debts.
"The Lord Treasurer, being a Commissioner for His
Majesty's Debts, 28 Julii, 19 Jacobi, bargained for
those Extents; and, by Articles under his Hand,
agreed to give therefor One Thousand Sixty-two
Pounds in Hand, and Twelve Thousand Pounds more,
by a Thousand Pounds per Annum, for Twelve Years,
beginning at Our-Lady-day 1623; and also to do
his Endeavour to procure Payment of an Arrear of
Eight Thousand Pounds more, due to that Office from
his Majesty: But, before this Bargain was performed,
at Michaelmas following, he became Lord Treasurer;
and, when they expected Payment of the One Thousand Sixty-two Pounds, and Security for the rest, he
propounded, that, in Lieu of the Twelve Thousand
Pounds to be secured, they should have his Parts in
the Farms of the Petty Customs, for Nine Years,
valued to be worth a Thousand Pounds per Annum for
the Two first Years, and afterwards Fourteen Hundred
Pounds per Annum; which, according to that Rate,
would yield in Nine Years Eleven Thousand Eight
Hundred Pounds; but cost his Lordship only Three
Thousand Seven Hundred Fifty Pounds.
"He being then Lord Treasurer, on whom they must
depend both for Payment of their Arrears and for
future Favours, they accepted it; not meaning to lose
their One Thousand Sixty-two Pounds, payable in
Hand; but it was then again directly agreed, they
should be paid their Eight Thousand Pounds Arrear
out of His Majesty's Coffers.
"In February 1621, Assurances were prepared, and
the Creditors required to seal; being promised to have
at the Sealing their Eight Thousand Pounds Arrears, and expecting their One Thousand Sixty-two
Pounds from the Lord Treasurer, whereof they never
conceived Doubt: But, so soon as they had sealed,
they were sent away without any Money; being promised to receive their Eight Thousand Pounds within
Three or Four Days after; which was not performed
in so short Time, but was after paid, in divers several
Payments, out of His Majesty's Money: But the One
Thousand Sixty-two Pounds, which was to have
come from himself, was absolutely denied; the Lord
Treasurer affirming, that as well that One Thousand
Sixty-two Pounds as the other Twelve Thousand
Pounds was all concluded and recompensed by the
Interest in the Petty Customs; whereupon a new Difference grew amongst them; and, in the End, they
were enforced, in Lieu of that One Thousand Sixtytwo Pounds, to accept of a further Interest, which
his Lordship had in the Petty Farms, for Half a Year
after the Nine Years expired, esteemed worth not
above Four Hundred Pounds to be sold: But it was
then further agreed, that his Lordship should then pay
them, out of the King's Money, Four Thousand Pounds
more due to the Office, over and besides the former
Eight Thousand Pounds, of which Four Thousand
Pounds his Lordship hath since caused to be paid
Three Thousand Three Hundred and Three Pounds.
"But, whereas the Petty Customs were valued to them
to be worth for the first Two Years a Thousand Pounds
per Annum, it appears that in the Two first Years
it yielded them but Fourteen Hundred Nineteen
Pounds, Seventeen Shillings, and Seven Pence, being
all the Money that grew due to them out of the
Profits of those Farms at Michaelmas last; whereas, if
they had kept their Extents of Dallison's and Munson's
Lands, they should have received, by Our-Lady-day
last, almost Seven Thousand Pounds for Part of their
Debt.
"In which Bargain, besides the Oppression and Extremities put on the poor Creditors and Officers of the
Ordnance, that might ill undergo a Bargain of so much
Disadvantage and Loss, are observed Two Corruptions;
the one, in bargaining to pay the Eight Thousand
Pounds Arrears; for though that was agreed before
he was Lord Treasurer, yet he was then trusted as a
Commissioner for the King's Debts; and, being after
Lord Treasurer, performed that corrupt Agreement
made before.
"The other Corruption was, in agreeing to pay the
other Four Thousand Pounds; for, as it was Corruption in a Treasurer to pay the King's due Debt for
Money given to himself, so is it to pay the King's Debt
for gaining to himself a Bargain, by which he either
had or did expect Advantage; and, though the Lord
Treasurer, in his Answer, do pretend he is a Loser
by Dallison's Land, it is certain that, whatsoever his
Gain or Loss prove upon the other Bargains for the
Inheritance of the Land, this Bargain with the Officers,
taken by itself alone, was beneficial; and, if it were
not, it is all one; for, if a Judge, or a Treasurer, bargain for a Bribe, though he never receive it, he is
corrupt; for it skills not what he had, but what he
aimed at and expected.
"About the same Time that the Lord Treasurer bargained for the Extent aforementioned, videlicet, in July
19°; Jacobi, he contracted with Sir Thomas Mounson for
the Inheritance of the same Lands.
"For Sir Roger Dallison, after he became Lieutenant
of the Ordnance, conveyed the Inheritance of these
Lands to secure Sir Thomas Mounson of divers great
Debts and Engagements; so as the Inheritance of those
Lands, after the King's Extent, was in the Dispose of
Sir Thomas Mounson, who bargained for it with the now
Lord Treasurer; and, upon that Bargain, the Lord
Treasurer agreed to free Sir Thomas Mounson's own
Land of the Three Thousand One Hundred Pounds
Debt, to pay him Three Thousand Pounds in Money,
and to procure him the making of Six Baronets, and
some other fit Suit from the King; and, when the
Baronets could not be obtained, the Number being
full, then the Lord Treasurer procured him another
Suit, of Two Thousand Pounds Value, as his Lordship
esteemed it; videlicet, for compounding with the King's
Copyholders of Wakefeild, to reduce their Fines to
Certainty: In which Suit, the Lord Treasurer was a
Referee from the King; and, in Accomplishment of
this Bargain, made for his own private Gain, gave Way
to that Suit, whereby so much was to be taken from
His Majesty. Yet there rested another Bargain to be
made; for Sir Thomas Dalison, the Son and Heir of Sir
Roger Dalison, pretended Title to these Lands by an
old Entail; and the Lady Dalison, Widow of Sir
Roger, claimed to have the Thirds for her Dower;
and the Lord Treasurer having entered into Treaty
with them, and finding their Demands not suitable to
his Desires, he, to make them the more pliant, threatens
them, by his Extent, to keep them without any thing for
a Hundred Years; to lay upon Sir Thomas Dalison certain
forfeited Bonds, which, upon the Agreement with the
Officers of the Ordnance, were transferred to him; and
he sends for Sir John Worstenham, whose Son had married Sir Thomas Dalison's Sister, and rebukes him as a
Hinderer of his Lordship's Proceedings with Dalison;
and by these and other like Means, for an Annuity of
Two Hundred Pounds per Annum, procures a Release of
their Title; and whereas Sir Roger Dalison, being possessed of a Lease of great Value, had assigned the same to
Sir John Davie, for Security of Money owing to him
and Sir Richard Smith; which Lease, for Non-payment, had been long forfeited, and the Possession
gotten by Sir John Davie, upon a Trial and Recovery at Common Law, which Possession had continued divers Years; the Lord Treasurer, upon his
Agreement with Sir Thomas Dalison and his Mother,
by way of unlawful Maintenance and Champarty,
bought their Title to this Lease; and, having thus
hedged in these Lands, and the Title to this Lease,
exchanged the same with Sir Arthur Ingram, for other
Lands; and then, to gain the Possession of these Lease
Lands from Sir John Davie and Sir Richard Smith,
and to make good this Exchange, an old Outlawry
against Sir Roger Dalison, before the Assignment made
by him to Sir John Davie, is sought out, the Debt
being many Years past satisfied; by Colour of which
Outlawry, and the Power and Countenance of the
Lord Treasurer, this Lease was seized into the King's
Hands; and Sir Richard Smith and Sir John Davie
thrust out of Possession; whereupon they endeavoured
to reverse the Outlawry in the Common Pleas; and,
the better to effect it, they procured an Administration of the Goods of Sir Roger Dalison to be taken
by one Camden, a Creditor of Sir Roger, to the Intent
the said Administrator might sue to reverse this Outlawry. But the Lord Treasurer, to prevent them
therein, interposeth, in the King's Name, and in His
Majesty's Behalf, to revoke that Administration; and,
the better to countenance the Business, sends a Case
to the King's Attorney, grounded upon other Matters,
without mentioning the Outlawry, which was the
chief Thing in Question; and, having obtained his
Opinion on that Case, sends a Warrant to the King's
Advocate, to proceed in the Ecclesiastical Court, as
for the King, and in a Matter much concerning the
King, to proceed for Reversal of the Administration;
and in the End, by this Means, the Administration was
revoked; and after, the Matter coming in Question
in the Common Pleas, there also he interposed himself, and sent to the Judges of that Court, whereby
Sir Richard Smith and Sir John Davy were at last
inforced to accept of a Composition. Now, in Truth,
this Matter no way concerned the King, for this
Lease was never extended for Dalison's Debt; and,
before the Lord Treasurer interposed in the Ecclesiastical Court, he had caused a Petition to be made,
in the Name of Sir Thomas Dalison and his Mother,
to the King, and a Reference thereupon to himself
for this Lease (amongst other Things); it being secretly agreed between him and Dalison, that the
whole Benefit of this Lease, when His Majesty
should be pleased to pass it, should be at the Dispose
of the Lord Treasurer.
"And whereas the Lord Treasurer would excuse
these Proceedings, as being after he had transferred
all to Sir Arthur Ingram; it is evident that the Lord
Treasurer thus interposed, which must be either for
his own Benefit, to support his own Bargain, or merely
by way of Maintenance; and either way his Doings
are most unwarrantable, to use such Rigour in the
King's Name, either for himself, or for Sir Arthur
Ingram."
Proofs of this Charge.
Mr. Attorney having thus opened the former Part of
this Charge, the Clerk (by his Directions) read the Proofs:
videlicet,
Copy of an Agreement between the Lord Treasurer and the Officers of the Ordnance.
"The Copy of that Agreement, made 28 Julii 1621,
between the Lord Cranfeild and the Officers of the
Ordnance, delivered upon Oath by Francis Morrice,
the 3d of April 1624, whereby the Lord Cranfeild
doth promise and agree (with the Officers of the
Ordnance), so soon as he may conveniently, to do his
best Endeavour to procure from His Majesty a certain
Assignment and Order, for the Payment of the Sum of
Eight Thousand Pounds unto the Lieutenant of the
Ordnance, or his Deputy, to the Use of the said
Officers, before the last Day of November next, towards the Payment of such Sums as are due, over and
above the Sum of Thirteen Thousand Sixty-two
Pounds, for Payment whereof the said Officers have
the Leases of the Lands of Sir Roger Dalison, and Sir
Thomas Mounson, etc.
Note, "That this Agreement proves the Bargain also
made by the said Lord Cranfeild with the said Officers
for the said Leases of the Extents, in Manner as it is
cited by Mr. Attorney."
Morrice's Examination.
And "The Examination of Francis Morrice, Clerk
of the Ordnance, taken the said 3d of April, which
affirms the said Bargain made by the said Lord Cranfeild; and that the said Lord Cranfeild becoming
Lord Treasurer, the Payment on his Part did not
proceed; but his Lordship, upon a new Agreement,
did assign to the said Officers certain Leases, which
were far over-valued unto them by his Lordship; and
that his Lordship did not procure the said Assignment
of Eight Thousand Pounds, according to his Agreement; but hath since given Satisfaction of the said
Eight Thousand Pounds, and more, in several Payments out of His Majesty's Receipt."
Tait's Examination.
And then was read, "The Deposition of Lewes Tayte,
containing a brief Relation of the Lord Treasurer's
Dealings with certain Petitioners to His Majesty, for
Debts owing unto them in the Office of the Ordnance;
whereby it is also proved, that the Lord Treasurer
was then a Commissioner for the King's Debts; and
did wish the said Officers to accept of the said Leases
of Sir Roger Dallison's and Sir Thomas Mounson's Lands,
etc. and sets out the whole Proceedings of the Lord
Treasurer therein at large."
Fletcher's ditto.
And "The Examination of John Fletcher, touching
the said Agreement made by the Lord Cranfeild, and
the Promise to procure the said Eight Thousand
Pounds, etc."
Lord Treasurer's Answer.
And more Proofs being offered to be read, the Lord
Treasurer said, "It is true, that he, being a Commissioner for the King's Debts, did advise the said
Officers of the Ordnance to accept of a Lease of the
Lands of Sir Roger Dalison and Sir Thomas Mounson,
extended for the King for Thirteen Thousand Sixtytwo Pounds; videlicet, of Sir Roger Dalison's Lands,
extended for Nine Thousand Nine Hundred Sixtytwo Pounds; and of Sir Thomas Mounson's Lands, for
Three Thousand One Hundred Pounds; and they did
accept of them for Payment of Thirteen Thousand
Sixty-two Pounds, due to them by the King, with
a Covenant to resort to the King, if they were interrupted of the Possession of those Lands: And
that he did then find, that there was then due unto
the said Officers, by the King, about Twenty Thousand Pounds: That the said Lands of Sir Thomas
Mounson were worth One Thousand Six Hundred
Pounds per Annum, and were extended but at Two
Hundred Pounds per Annum, Sir Thomas Mounson being
in Hope to have had the Benefit thereof himself; but,
by Sir Edward Cooke's Rule, it was passed over to the
Creditors: That Sir Thomas Mounson often petitioned
the King; and His Majesty referred Sir Thomas
Mounson to the Lord President and him: They treated
with the Officers; who answered, That they relied
on Sir Thomas Mounson's Lands, for that Sir Roger
Dalison's Lands were so much incumbered, that they
would yield little; yet the Exchequer Chamber would
have relieved Sir Thomas Mounson, if he had paid the
Debt for which his Lands were extended; and then
the Officers must have resorted unto the King for
Recompence: And that his Lordship gained in that
Covenant, by his Bargain with the said Officers, so it
was beneficial unto His Majesty; and his Promise to
the Officers to help them to their Eight Thousand
Pounds Arrear (being a just Debt) was before he was
Treasurer: And that it is Heathen Greek to him how
this should be prejudicial to the King."
Mr. Attorney's Reply.
Mr. Attorney replied, and affirmed, "The Bargains
to be unlawful as before; and that there was not
Eight Thousand Pounds Arrear due by the King before his Lordship was Lord Treasurer;" and then proceeded to the reading of the other Proofs.
To prove that, about July 1621, his Lordship contracted with Sir Thomas Mounson for his Lands for Three
Thousand Pounds, which was paid him for the making
of Six Baronets, and a Suit to the King; and, in Lieu
of the Baronets, a Suit touching the Copyholders of
Wakefeild, valued by his Lordship at Two Thousand
Pounds, were read:
Mounson's Examination.
"1. The Examination of Sir Thomas Mounson, taken
the 5th of April 1624.
Ingram's ditto.
"2. The Examination of Sir Arthur Ingram, taken
the 12th of April 1624, for the Three Thousand
Pounds; and that he signified unto Sir Thomas Mounson,
that the Lord Treasurer would undertake to procure
him the making of Six Baronets, for that the Lord
Treasurer had told him, that he found the King inclinable to do Sir Thomas Mounson good.
Mounson's Petition concerning the Copyholders of Wakefield.
"3. The Copy of Sir Thomas Mounson's Petition to
the King, for reducing the Fines of the Copyholders of
Wakefeild to a Certainty, in Lieu of some Baronets
formerly granted him; and the Warrant thereupon
signed by the Lord Treasurer and Sir Humfrey May
(to whom it was referred), delivered upon the Oath
of Mr. Brewster, 16 Aprilis 1624," was also read.
May's Examination.
And "The Examination of Sir Humfrey May, Knight,
Chancellor of the Dutchy of Lancaster, taken the
Fourth of May 1624, ex parte Domini Thesaurarii,
That he was present when Sir Arthur Ingram did,
on the Lord Treasurer's Behalf, bargain with Sir
Thomas Mounson for his Lands; which Bargain was,
that the Lord Treasurer should give Sir Thomas
Mounson Three Thousand Pounds, should procure him
the making of Six Baronets, and should lease Dalison's Lands unto him at Twelve Hundred Pounds per
Annum; and afterwards, the Baronets being otherwise disposed of by the King, Sir Thomas Mounson petitioned the King touching the Copyholders of Wakefeild, etc."
Lord Treasurer's Answer.
Unto which the Lord Treasurer answered, "That he
never promised the making of the Baronets, nor authorized Sir Arthur Ingram to propound it."
Then was read, to prove that the Lord Treasurer
pressed Sir Thomas Dalison to depart with his Estate at
an Under-value:
Examinations concerning Sir Thomas Dalison's Estate.
1. "The Examination of Sir Thomas Dalison, Baronet,
taken the 6th of April 1624.
2. "The Examination of the said Sir Thomas Dalison,
taken the 12th of April 1624;
3. And, "The Examination of Sir John Wolstenholm,
taken the 16th of April 1624."
And, to prove that the Lord Treasurer, having made
these Compositions, sets on Foot an old Outlawry of
Sir Roger Dalison (long since satisfied), thereby to wrest
a Lease of great Value from Sir Richard Smyth and Sir
John Davic, interposing the Power of his Place and the
Countenance of the King's Service to oppress them for
his own private Ends; these Examinations were read:
videlicet,
"The Examination of Sir Thomas Dalison.
"The Examination of Sir Arthur Ingram, ex parte
Domini Thesaurarii, taken the 3d of May 1624, to the
Seventh Interrogatory.
"And the Examination of Sir Richard Smyth, taken
the 16th of April 1624.
"The Examination of Robert Eallston, taken the 27th
of April, 1624.
"And The Case brought to Mr. Attorney by Mr.
Mayle, with his Direction."
Memorandum, That in that Case no Mention is made
of any Outlawry, but that the King was unsatisfied of Dalison's Charge.
And "The Lord Treasurer's Letter to Doctor Rives
(the King's Advocate), to revoke the Letters of Administration of Dalison's Goods."
Lord Treasurer's Answer.
These being read, the Lord Treasurer again affirmed,
"That his Bargain with the Officers of the Ordnance
was beneficial for the King, for it gained in His Majesty's Covenant of Resort from the Officers;" and
said further, "That it is not prejudicial to the Officers;
for, if his Second Bargain be not as beneficial unto
them as his First should have been, he is to make it
good; and that Sir Thomas Dalison and his Lady
Mother have Relief thereby; and himself a great
Loser, at the least Four Thousand Pounds; having
taken up Sixteen Thousand Pounds for it, for which
he pays Interest at this Day."
And his Lordship denied, "That he drew the Case delivered to Mr. Attorney, touching the Administration
of Dalison's Goods;" and said, "He deserved to be
hanged that drew it."
And having spoken as much as he would, the Clerk
read the Heads of the Examinations taken on his Part;
and Mr. Attorney confessed them, and avoided them all;
wherewith his Lordship seemed to rest satisfied, for he did
not require any Thing else to be read; but said further,
"That he had paid Arrears to the Officers of the Navy
as well as to those of the Ordnance, which shews that
he did not pay them by Way of a Bargain only."
And then the Lord Treasurer said, "He would say
no more," * and was withdrawn.
And Agreed, That Mr. Attorney should begin Tomorrow where he now left, with the rest of his Charge.
And that the Lord Treasurer be warned to appear
here again, at the Bar, To-morrow Morning, at Nine of
the Clock.
Memorandum, That the Gentleman Usher carried this
Message to his Lordship.
Adjourn.
Dominus Custos Magni Sigilli declaravit præsens Parliamentum continuandum esse usque in diem crastinum,
videlicet, diem Martis, 11m diem Maii, hora nona, Dominis sic decernentibus.