Volume 265
January 4-July 30, 1728

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Institute of Historical Research

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Joseph Redington (editor)

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1889

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'Volume 265: January 4-July 30, 1728', Calendar of Treasury Papers, Volume 6: 1720-1728 (1889), pp. 501-521. URL: http://british-history.ac.uk/report.aspx?compid=85120 Date accessed: 25 October 2014.


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January 4–July 30, 1728

[? About
1728.]
1. “A List of the several Governours of his Majesty's Plantac[i]ons whose salaries are paid out of the 4 & ½ per cent.” Undated, but ? 1728, as Henry Worseley, Esq., was Governor of Barbadoes until 1728, and John Pitt, Governor of Bermuda, was appointed in 1727, and both are mentioned.
With it is also a similar list. 2 pages.
[After
1727.]
2. Petition of Anna Reynolds, widow, to the Lords of the Treasury. Petitioner's husband was a lieutenant in the Hon. Col. Thomas Harrison's regiment, and served all the late war in Spain, where he received several wounds, particularly at the battle of Almanza, and died after 30 years' service in 1720. Petitioner was put on the pension [list] of officers' widows in Ireland, but on the late examination by Lord Carteret was objected against by reason of her absence and the want of friends to appear for her. Prays to be a partaker of the Royal bounty. Undated. [The pension had not been paid for seven years.] 1 page.
[? After
1727.]
3. Memorial of James, Duke of Hamilton and Brandon, Keeper of the Palace of Holy-rood House, to the King. The palace has fallen into ruinous condition for want of repair. His late Majesty gave orders for 1,000l. to be employed by the direction of the Barons of the Exchequer in Scotland to prevent it from falling. The money was employed for repair of the roof of the chapel and a part of the roof of the palace, but is far short of what is absolutely necessary. Prays for orders to be given for the repairs. 1 page.
4 Jan.4. Memorial of the Comrs for Licencing and regulating Hackney Coaches and Chairs to the Lords of the Treasury. The salaries, upon the first creation of this Commission in the reign of Will. III., were 200l. per ann. to the Commissioners. The produce of the office being only 2,800l., the salaries were reduced to 100l. 600 chairmen have been added to their management and 100 hackney coaches; and the revenue has advanced to 10,550l. per ann., but the salaries continue the same. On the one hand they are pressed by a multitude of recommendations from persons of quality and distinction, some of whom they must disoblige; and on the other they have to do with a rude and unreasonable sort of people. Receive almost daily affronts in the execution of their office (perhaps the more from the meanness of their salaries.) Pray an augmentation of their salaries.
On the back is a warrant for an additional 50l. to the salaries, which was confirmed by the Lords of the Treasury on 4 Jan. 1727–8. 3 pages.
6 Jan.5. Comrs of Land Tax to the Lords of the Treasury. Lay before their Lordships the difficulties they lie under for the present year for the Palaces of Whitehall, St James, &c. If the entire sum should be expected to be raised, the greatest hardship must fall on his Majesty's family, and others there being two months and ten days on his late Majesty's account unpaid to his servants, and in the pensions half a year. Make suggestions thereon. St James's, 6 Jan, 1727. 1 page.
9 Jan.6. “A List of the several Receivers of the Land Tax and duties on houses within my division who have not passed their accompts for the years hereafter mentioned. Signed:—Exr p[er] S. Godolphin Audr 9 die Jan. 1727.” 2 pages.
10 Jan.7. “Resolutions of the [Irish] House of Commons in favour of Eliazer Peirson and Samuel Peirson,” who had been at great expense and trouble in endeavouring to promote a better method of tillage and husbandry in Ireland. Two hundred pounds was awarded to them. 1 page.
10 and 11
Jan.
8. Similar resolution of the House for the payment of 2,000l. to the Hon. Richard Stewart, Esq., and his partners, as an encouragement to them to better enable them to carry on the Colliery of Ballycastle in the co. of Antrim.
Accompanied by Stewart's petition. 3 pages.
14 Jan.9. “Case of the teinds of Winton, advised by Lawyers in Scotland.”
Memorial of the Governor and Company for raising the Thames water in York Buildings. The Company in 1719 purchased the forfeited estate of Wintone at 19 years' purchase, and paid to the receipt of the Exchequer in Scotland 50,208l. 18s.d. As the Earl [of Winton] stood enfeoffed in the teinds as well as the lands the company paid the same price for the teinds as for the lands. H.M. Solicitor General has entered a claim in behalf of the Crown, in place of the Bishop of Edinburgh, before the Lords Comrs for Plantations of Kirks and valuation of teinds. Memorialists claim a deduction [from the purchase money]. The Bishop's right is established as follows, viz., the teinds of the parish of Tranent belonged before the Reformation to the Abbey of Holyrood-house, which by the abolition of popery fell into the King's hands, and was erected into a temporal Lordship in favour of John Bothwell, son to the Bishop of Orkney. [Gives other details as to the title.]
It is plain these teinds belong to the Bishop of Edinburgh, and the Earl of Winton could have no other right but as the Bishop's tacksman. 14 Jan. 1727. 4 pages.
15 Jan.10. Memorial of the Master and Worker of the Mint, (signed John Conduit,) addressed to the Lords of the Treasury, praying for new standard trial pieces, by which the gold and silver moneys are tried, the existing pieces being quite used up by the several trials of the pix. The Jury of Goldsmiths have represented to the Privy Council the necessity of having new pieces. Mint Office, 15 Jan. 1727–8.
Accompanied by another paper, headed:—
“The method observed when the last standard trial piece was made.” The Wardens of the Goldsmiths Company returned a Jury of 26 persons, who were sworn before the Lord High Treasurer, on 6 June 1707, to prepare two several standard trial pieces of such quantities that each might be divided into seven pieces: and by warrant, 150l. was allowed to the Master and Worker, to pay to the Wardens for their charges. 2 pages.
16 Jan.11. Report of the Attorney and Solicitor General to the Lords of the Treasury on the memorial of the Right Hon. the Lord William Powlett, one of the four Tellers in the receipt of the Exchequer. The memorial sets forth that the cash room of the office was broken into through the roof, and one of the locks of the strong chests was forced off, and 4,191l. 14s. 6d. was taken out. The locks were all locked according to the Act of Parliament of 8 & 9 King William. The money remains a charge upon the Lord William Powlett. It does not appear to them that the loss was occasioned by any wilful default or neglect. The question in the present case is, whether any felonious taking will be a discharge to a Teller in his accounts, for the money lost thereby; which never having been judicially determined, seems to be a point of considerable difficulty.
If the bailiff or receiver of a private person is robbed of money received for the use of his master without his own default, he is by law entitled to an allowance upon his account for the money so lost; but in the cases of a common carrier, master of a ship, and innkeeper, by the Common Law, robbery is no discharge to them for the money or things with which they are entrusted, notwithstanding it happened without their concurrence or privity. It has been held that a Receiver General of Taxes is not entitled to any allowance upon his account for money lost by robbery. The case of the Tellers of the Exchequer seems to be within the reason of the cases last mentioned, the King being, by law, under the necessity of intrusting them with the receipt of his revenue. Wherefore, and in regard that the Tellers of the Exchequer have a reward for receiving and keeping the money paid into their offices, it doth not appear that the memorialist, according to the ordinary course of the Exchequer, is entitled to have an allowance in his account for the sum claimed, or that he can be discharged from the same otherwise than by the aid of the legislature. But if their Lordships should be of opinion that, as the case is new and the point of law not free from doubt, this matter should undergo any further examination, the proper method of having it determined is by bringing it regularly in judgment before the Court of Exchequer. 16 Jan. 1727.
The memorial dated 24 Jan. 1726; also eight affidavits.
In the Minute Book, vol. 26, page 73i.(24 Jan. 1727–8), is:—
“Mr Attorney and Sollrs report of the 16 instant, on the Lord Powlets petic[i]on, to be relieved against the loss of 4,191l. 14s. 6d. by a robbery, in his office, as one of the Tellers of the Exchequer, is read: and my Lords agree in opinion with the Attorney and Sollicitor, that it cannot be discharged, otherwise than by the aid of the legislature, and think it reasonable that a clause should be prepared to be passed in some act this Sessions for discharging the same.” 17 pages.
19 Jan.12. Report of the Controllers of the Accounts of the Army (Medows and Bruce) to the Lords of the Treasury on the quantity and species of provisions in store at Gibraltar.
Accompanied by two “states” of the provisions. 3 pages.
19 Jan.13. Report of the same Controllers of Army Accounts (Medows and Bruce) to the Lords of the Treasury on two lists of the numbers of persons victualled in the Garrison of Gilbraltar, between 3 July 1727 and 27 Aug. following, by Thomas Missing, Esq., the contractor. 7,878l. 6s. 1d. are due.
Also a computation of the persons victualled. 2 pages.
19 Jan.14. “Abstract of the state of the funds destined for improvements in Scotland and of the proceedings and proposals of the Commissioners and Trustees for fisheries and manufactures in that country.” Undated, but by comparison with a warrant entered in the North Britain Book, vol. 9, p. 104, the date is 19 Jan. 2½ pages.
20 Jan.15. Henry Lowman to —. Sends the butcher's bill of meat delivered for feeding the leopard, tiger, and lion, from 17 June to 9 Dec. 1727, at Kensington Palace, before they were sent to the Tower. The quantity is less than what Sir John Eyles said he gave them, which was six lb. of meat per diem each. His Majesty has seen the bill and gave directions to have it sent on to the Treasury. “There is owing to this poor man from his late Majesty for 18 months the like service.” Kensington, 20 Jan. [1727–8 ?].
Accompanied by the bill. 2 pages and two lines.
23 Jan.16. Representation to the King of Lord Carpenter, governor of the Island of Minorca. When the late Lord Stanhope took the island in 1708 it was left to the choice of the people whether they would remain there under obedience to King Charles the Third, or quit the island and adhere to Philip the Vth, and all who chose the latter had their estates confiscated: but by the treaty of Utrecht they were to be restored to their estates and other rights.
Col. Kane, Lieut.-Governor, was applied to, and he (Lord Carpenter) was lately applied to by several of the proprietors of the estates to restore them, which they could not do without his Majesty's order; but Col. Kane having written on the subject, he (Lord Carpenter) offers his opinion, viz., that such persons as by the treaty of Utrecht have a right to be restored to their estates will be forthwith put into possession of them, before the meeting of a congress in order to avoid difficulties, and it might give them a pretence to demand again the dominion of that island for the non-performance of the articles of cession.
If his Majesty give such orders, they should be directed to Lieut-Governor Kane and the Court of his Royal patrimony to examine well into the pretensions of such as demand to be restored to their estates and then restore them.
The estates are of trifling value to his Majesty, as when the fees of the court there are paid little remains, and such estates ought to have been restored to the proprietors when the peace was concluded in 1713.
When the war was begun again in 1718, by the hostilities of Sicily, the officers of the Royal revenue seized on the estates of all persons who resided in any of the dominions of Spain, as confiscated: and whether such estates ought to be restored or not should be inquired into. These are very few, for he (the Governor) knows but of … One of them should have been restored long since, the case being thus:—There is one Doña Maria Louiça Vela, a native of Minorca, who had a small censo or rent-charge upon four different estates, and a small house, the value of the whole being 40 dollars per ann., and this gentlewoman having lived in the Island of Sardinia when the Spaniards took it in the year 1717, her censo and house were confiscated, as well as the estates of those who resided in Spain: and although the Island of Sardinia was soon after delivered to the Emperor, and put into possession of the King of Sardinia, yet the confiscation has not been taken off, but though Col. Kane would not annul a confiscation made by the King's officers, yet he directed that the produce of the house and censo should neither be passed to account of the Crown nor to the account of the gentlewoman, but kept in deposit in the Royal treasury till the King's pleasure be known; which affair he represented to the Minister, but never had any answer to it. The Vice-Roy of Sardinia has often written to Col. Kane in her favour, and very lately again. It is to be observed that she dwelt in Sardinia before, when the Spaniards took it, and has continued to live there ever since. On the back is Jan. 23, 1727–8. 1 page.
23 Jan.17. “Hilary Term, 1727. A. Cracherodes particular of the causes now under prosecution, with States thereof. Dat. 23th Janry 1727.” 13 pages.
26 Jan.18. Geo. Tilson to Mr Scrope. Sends enclosed a list of his Majesty's Ministers employed at Foreign Courts in the department of Lord Townshend. Whitehall, 26 Jan. 1727–8. [There are thirteen names.] 2½ pages.
31 Jan.19. Memorial of his Majesty's servants the King's Heralds and Pursuivants-of-Arms to the Lords of the Treasury. According to ancient custom the fee of 100l. is due to them for their services at the coronation and 100 marks for the coronation of her Majesty and for several robes upon those occasions; 167l. for his Majesty's assuming his stall, as sovereign of the Order of the Garter 40l. and for largesses due to them upon the creation of two peers, the Lords Percy and King, 5l. for each, in all 183l. 13s. 4d. By the demise of his late Majesty the warrant to the Treasurer of the Chamber for the yearly payment of largesses to the petitioners for their attendances upon great festivals amounting to 40l. is become void: pray payment.
Minuted:—“Read 11 Janry 1727. My Lords observe that the Lord Percey becomes a peer by descent; but order a warrant to be prepared in case their demands be according to usage. Upon inspecting the books all their demands are as usual, except as follows:—
“100 marks are demanded for the Queen's Coronation, but no such sum is found to have been paid either on the Coronation of King James's Queen, or of Queen Mary, though the last was a sovereign by descent.
“10li is demanded for largesses on the creating two peers, such largesses upon creations are of ancient usage & have been always paid, but where the peerage comes by descent no such precedent appears in the books.”
United to the above is the following paper in reply to the above remarks. It is in Anstis' hand and signed, by him and nine other heralds.
“To the Right Honble the Lords Comrs of his Majesties Treasury.
The Representation of the officers of arms sheweth—
That these officers finding an endorsement entred by your Lpps order upon their memorial for largesses relating to two articles of it, conceive it to be their duty to state the facts & rights in both cases.
The first observation is made upon the fee claimed for largesses for the Lord Percy (which amounts to five pounds only) which is thought not to be due in regard his Lpp (as it is worded) became a peer by descent, but that in case it should appear to be according to usage, then a warrant should be prepared for payment of it.
They therefore crave leave to represent, that the Barony of Percy for several ages was conjoined with the Earldome of Northumberland and that by the severanse, whenever any writ of summons issued to any Baron Percy, it became the Duty of the Heralds to proclaime the largesse; thus in the very last Bill entred in the Treasury Books, it will appear, they were paid for largesses upon the severance of the Barony of Lynn from the Viscounty Townshend of Rainham, & upon the severance & revival of the Barony of Clinton out of the Earldome of Lincoln, & they are ready to show that those payments were according to precedents, if your Lpps please to demand them.
The other observation endorsed is, that the summe of one hundred marks now claimed for largesse upon her Majesties coronation was not paid for the coronation of King James, or that of Queen Mary though the last was a sovereign by descent.
If it had been specified, whether this relates to the consort of King James the first, or the second, or of the first or second Queen Mary, they should have been enabled to have returned a more determinate answer; However they own, that though largesse was demanded for the coronation of King James the seconds consort, yet they believe the same, was not paid; but humbly submit to your Lpps whether that payment might not have been ordered, in case the Heralds at that time had produced the authorities, which will be inserted in this paper.
But then Queen Mary was a sovereign by descent & yet no largesse was paid; It is certain that Queens, sovereigns, Mary the first & Elizabeth, paid largesses for their coronations, but the case of Queen Mary the second crowned with King William according to the Act of Parliament was very different, and no largesse could be due for her, separate from King William; the very ceremonial of that solemnity shews it, for the largesse for both of them was single, or joint, as both made one sovereign, and they were crowned with equal rites belonging to sovereignty. This was the true reason why no largesse money was claimed for Her, distinct from King William, and not upon the account here mentioned, for her sister Queen Anne paid her largesse.
But the instance of a Queen Consort is very different, for at her Coronation (whether the solemnity be performed at the same time that the King is crowned, or at a different time) the rites are distinct, the regalia distinct, the prayers, the unctions and the whole formularies distinct, and the actions performed separately.
Upon such Coronations of Queen Consorts, these officers claime their largesses & in proof of that right will not tyre your Lpps with citations from the books in their own Library, which would be very numerous, (though their books are allowed evidence at law in relation to other persons) but omitting them as domestick witnesses, shall at present refer to other undeniable authorities.
Garter assures your Lpps that some years since he transcribed the copy of an original privy seal dated in June 5 Edward IV. commanding the Treasurer & Chamberlains of the Exchequer to pay the largesse for the Coronation of his Queen Consort, and if yr Lpps will be pleased to direct a clerk to search the Exitus Pellis with him, he doubts not but the payment will be found as well as that original privy seal; upon which he will readily put the issue of this claim.
But this is a modern proof comparatively with the following ones. It goes no further back than two hundred sixty two years. Richard the second came to the throne in 1377, and in his reign there is a rolle with this title Ces sont les droicts & largesses appurtenans & d'auncientie accustomez aux Roys d'armes selonc le usance en royaulme d'Engleterre, which is printed in a collection of Discourses upon Antiquities, published at Oxford in 1720, in p. 245, where after the largesse for the King's Coronation, and several other particulars, follows the articles relating to the Queen, & among them largesse for her Coronation.
The Original chances to be preserved in the Cotton Library with the same title prefixed, where indeed the words are Quant la Royne est novelment coroné, appartient aux ditz Roys d'armes et Heraldes notable largesse de cent marcs, ou 40li. Titus C. 1., p. 457.
It was therefore so long since the antient usage of England to pay the Heralds largesse for the Coronation of a Queen Consort, at some Coronations preceding that time one hundred marks, at others only forty pounds.
It farther happens that there are several other exemplars of this Rolle still extant in the Libraries in Oxford, in the Harleyan Library, & in private hands wrote in the reigns of the three Henries & of Edw. IV., whereof attested copies with the ages of the originals shall be laid before your Lordshipps if required, after the following proofs of the continuance of this antient usage shall be considered.
Henry the Seventh was a Prince very serious in the issuing his money, and had the claims of his several officers laid before him, among others the demands of the Heralds upon several occasional articles were confirmed by him under his sign manual, in which this largesse for the Coronation of a Queen Consort is expressly mentioned; and it is not to be omitted that notwithstanding his parsimony in his own Coronation, which did not exceed the charge of 4,000li, yet he allowed 100li thereof to the Heralds, & what is more applicable to the present subject, that largesse was paid the Heralds upon the Coronation of his Queen, as it is entered in the Cotton Library Julius B. 12. This sign manual is entered & attested in the Heralds Office, being the proper Repository for it.
But it chances likewise that there was a book marked B × laid by order in his Majesties Paper Office containing the rights of the Heralds, which they presume is still in that place, by which they will be decided in this and all other cases, and they humbly request your Lpps, that upon the producing it, you will be pleased to order all such payments to be regularly made, as shall appear by it to be their antient just rights, and parcell of their Freeholds.
They have not as yet examined the payments in the Pelle Office of the first year of Hen. VIII., but it appears from Hall, a contemporary author, that the largesse upon the Coronation of Queen Anne Bullein was paid: but least a distinction should be offered, that this was a Coronation, not performed at the same time with that of the Sovereign himself, it must be owned to have been transacted with the same rites & ceremonies, and that such a dyference in the times of performing these rites makes no real distinction in the right of fees, they appeal to the judicial determinations made in the Court of Claims relating to the cupps demanded by the Lord Mayor of London.
Most of the authorities here cited are in the French language but there is also a very antient Tract in Latin, whereof one copy remains in the Harleyan Library, and another in the Museum at Oxford, entitled, Jura, debita et largitates appertineñ de antiqua consuetudine armorum officialibus, secundum morem et consuetudinem Angliæ. After the first article of one hundred pounds for the King's Coronation follows immediately this paragraph. Item in Coronatione Reginæ pertinet largitas centum marcarum, aliquando quadraginta librarum sterlingorum.
By this short state (to which large additions may be easily made) it is hoped, that the antiquity & right of this largesse fee is sufficiently asserted, and that the Officers of Arms (who consist of thirteen persons) acquiesce in the fees received many centuries since, by their predecessors, which probably is the singular instance among all his Majesties officers.
And as these officers performed their respective duties at her Majesties Coronation, so they humbly hope, that a warrant will be ordered for their largesse upon that occasion.” Herald's Office, last of January, 1727–8. 5 pages.
Jan.20. Petition of John Rotherham of Barnet in Hertfordshire, gentleman, to the King. Was the author of the burning the damaged and corrupt tobaccos in 1714, whereby the revenue is increased 100,000l. per ann. Was promised a pension of 2,000l. per ann., but has not obtained a penny. Offered a proposal for preventing counterfeiting, and to produce a fund upon the distillery of Great Britain sufficient to support the charge thereof, which will bring into the Exchequer 200,000li per ann. free of all charges of recoining. Was, in 1721, referred to the Lords of the Treasury, and by them to Sir Isaac Newton, Knt and the principal officers of the Mint, but could obtain no report from them except he would disclose the whole secret, which he refused to do unless assured of a suitable reward. Will impart the secret or invention to Sir Andrew Fountayn or to any single person if suitably provided for. Prays for a post or a pension. Janry 1727.
Also his proposal. 2 pages.
7 Feb.21. Report of Mr Auditor Harley to the Lords of the Treasury on the memorial of Charles Shales, of London, goldsmith, son and executor of John Shales, Esq., formerly Commissary of Provisions for the land forces encamped on Hounslow Heath in the years 1687 and 1688, and on other occasions, and services therein mentioned in the years 1689, 1690, and 1691. It was agreed in 1710 on the part of the Crown that the Accountant should be discharged of all the insupers standing out in the Exchequer against his father in consideration of his giving up demands amounting to 6,221l. 9s.d., &c. Finds these allegations true. Also as to another sum of 4,117l. 10s. 6d. set insuper on the said Commissary Shales. Advises that it cannot be allowed. 7 Feb. 1727.
Minuted:—“Read and agreed to.”
Also the memorial. 4 pages.
15 Feb.22. Report of A. Cracherode to the Lords of the Treasury on the memorial of John Markham, of Winslowe in the county of Bucks, Attorney-at-Law. One of the Justices of the Peace having required, by his warrant, that Bennett Tompkins, petty constable of Newton Longueville, should provide two able teams to draw part of the baggage of the Duke of Argyle's regiment from Winslowe to Chipping Wycombe, he positively refused to obey. Upon a distress of 40s being levied for his refusal, Tompkins and nine others rescued the distress in a riotous manner. After being indicted they humbly submitted themselves and were discharged, paying the fees of the court. The Justice of the Peace employed the memorialist to prosecute the affair, and he was still unpaid. Certifies that the contents of the memorial appear to be true, and is of opinion that the memorialist should be paid. Dated 15 Feb. 1727.
Accompanied by the memorial and a list of the charges of the prosecution.
Minuted:—“18 ejusdm. Ordered.” 4 pages.
[? About
19 Feb.]
23. Debtor and creditor account of Consul John Russell “on account of the Journey to & from Mequinez.”
This includes expenses of subsisting the captives.
“An account of money given at the Court of Mequinez and whilst I was in Barbary and for necessary things to add to his Majesty's present.” The account is brought down to 19 Feb. 1727.
There is also the following:—
“An account of the receipt and disposal of his Majesty's present to the Emperor of Morocco & his Ministers.”
Further, “An accompt of medicines expended during my stay at Mequinez and other parts of Barbary &c.” This was an account of Mr Knight “surgeon” of his Majesty's ship “Success” and was paid by the Consul. 18 pages.
27 Feb.24. “Auditor Foley's representation of his expences in answering precepts of the Commrs for stating the debts of the army” addressed to the Lords of the Treasury. Asks their Lordships to obtain his Majesty's warrant for an allowance of five hundred and fifty pounds for him, in like manner as Mr Auditor Harley was allowed by his late Majesty's warrant of 7 Sept. 1726. Febr[uar]y 27, 1727. 1 page.
6 March.25. “Copy of a letter from the Lord Lieutt & Privy Councill of Ireland, to the Duke of Newcastle, with a bill for preventg frauds and abuses in the Customs & Excise.”
The articles of “Bay and Woollen Yarn” have been rated by the Commons at 15s and 8s per stone. This would be a loss to the Hereditary revenue of 286l. 14s. 2d. per ann. Have raised the former from 15s to 16s 8d, which, together with the duty upon woollen yarn, rated at 8 shillings, will produce 3,772l. 5s. 6d. per ann., which is something more than it now produces. If his Majesty condescended to the prayer of the Commons for the rates at 15s and 8s, it would be a signal mark of the Royal goodness. Council Chamber, Dublin, 6 March 1727. 3 pages.
9 March.26. Report of the Attorney and Solicitor General for Ireland (Tho. Marlay and Robert Jocelyn) to the Lord Lieut. (Carteret) on the petition of Catherine O'Brien, and on the report of the Auditor General thereon as to the scope of the annuities of 200l. per ann., and an additional 200l. per ann., granted to Lady Frances Keightly and Thomas Keightley, and the survivor, and as to a later grant to Thomas Keightley and Catherine, his daughter. 4 pages.
13 March.27. Memorial of the Postmasters General (Ed. Carteret and E. Harrison) to the Lords [of the Treasury], asking for directions on a memorial of the merchants trading to the north parts of Spain and Portugal, who proposed that two packet boats should be again appointed to go between Falmouth and the Groin, as it was till the Vice-Roy of Galicia seized one of the packets about a year since. Also to know their Lordships' pleasure whether the additional seamen entered some time ago upon the Lisbon packet boats should be discharged or continued.
In the Minute Book, vol. 26, p. 96a (1 May 1728), is:—“Write to the Postmasters to put an immediate end to the increased charge, and acquaint them that the pacquet boats whose stations were altered are to be put upon their former stations.” 1 page.
15 March.28. Gilbert Elliot to John Scrope, Esq. Made application to the Executors of Alexander Stevenson, Esq., the late agent to the Two Independent Companies in Jamaica, who had delivered to him an account of balances. Is under great concern for the many hardships that the want of their pay has occasioned to the companies in general and to the several officers, but most particularly to Lieut. Dodd, who commands the Governor's Company, and to Col. De Launay, Captain of the other Company, who have taken up money in Jamaica for their subsistence and drawn bills for the same which are yet unpaid, &c. Begs that the enclosed “state” may be laid before the Lords of the Treasury for them to give directions for issuing the balance to the two Companies. 2 pages.
19 March.29. “Mr. Cracherode's state of the proceedings agt the late Commrs of Hawkers & Pedlars.” 19 Mar. 1727–8.
Procured writs of extent against all the late Commrs out of the Court of Exchequer (who were indebted on their final account 36,668l. 13s. 5d.) where he could learn that the Commissioners had estates, &c. or where their persons might be found. None of them could be taken. Could not hear that three of them had any visible estate. In Norfolk the sheriff seized the several estates of Mr John Attwood and Mr John Burton. In the counties of Middlesex and Gloucester the sheriffs seized the lands, &c. of Mr George Townshend and his goods in his chambers in Lincoln's Inn. It is apprehended that the rents, &c. of the surplus of the estate of George Townshend, Esq., late father of the late Commr, will belong to the Crown towards the discharge of the debt. 2 pages.
23 March.30. Gilbert Elliot to John Scrope, Esq., as to claims on the Executors of Mr Stevenson, agent to the two Independent Companies in Jamaica. Application had to be made to the Treasury to issue money to discharge the Bills of Exchange drawn by the officers for the two Independent Companies in Jamaica and for themselves, and all demands due to them by the late agent, he having been appointed by warrant from the King, whereupon it was supposed that the Treasury would of course order an extent to be issued against his effects to reimburse as much of the money as could be recovered thereby, and would make a demand in Parliament for any deficiency. The executors at a meeting before General Hunter went away, acquainted him that they did not know when the effects might come to their hands; but that there was an estate which might be more easily recovered by the “Prerogative process.’ Asks Mr Scrope to move the Lords of the Treasury to order the balance to be paid in advance upon account of the pay of the companies, and to direct the prosecution of an extent.
On the back are copies of minutes or memoranda touching the same matter of a previous date to the letter. 2 pages.
28 March.31. Memorial of William Sanderson, clerk to the Rt Hon. Sir Robert Walpole, K.G. Says he was the author of an expedient to prevent the Bristol and other mails from being robbed. The scheme seems to have been to write with red ink on the foreside of all bank notes and other notes the name of the Post Town, where they put in their letters, the day of the month and also the addition of these words (viz.) from London to Bristol or from Bristol to London, and the same method to be used with the Cross Posts. These services have been attended with a great deal of expense and loss of time, and no mail robberies have since been committed. Asks for compensation. March 28, 1728.
Also copy of the Gazette relating to the same.
In the Minute Book, Vol. 26, p. 94h (11 Apr. 1728) “Send the petition of William Saunderson, clerk, to be rewarded for a scheme which he alledges to have projected and now used as an expedient to prevent the robbing of mails, to the Postmars to report what they know concerning the said scheme with their opinion as to the petic[i]oner's services therein.” 2 pages.
30 March.32. Report of Phil. Gybbon, Surveyor-General, to the Lords of the Treasury on the petition of Richard Webster, who represents that John Webster, his father, assigned the remainder of his lease from the Crown of certain land called Salthillhays, in the county of Lancaster, for securing a small sum to William Banks, who, about 15 years before, took possession of the land which his executor still keeps. As petitioner's ancestors have been tenants to the Crown, time immemorial, prays a reversionary lease of the premises. By affidavit produced it is alleged that John Webster built a barn and enclosed and improved the premises, but was bound for a sum of money to William Banks, who called up the principal (about 50l.), but offered to make it up 100l. if petitioner and his brother (executors to their father) would assign to him the lease, promising never to claim the tenant right thereto. [Mentions other evidence produced.] Has also made a report on the petition of James Haldane, Esq., for a new lease of the premises for one Edward Gelderd.
If their Lordships grant the petitioner's request in consideration of his father's improvements, by which the value of the premises has been considerably raised, and because his ancestors have been so long tenants of the Crown, a lease may be passed to him for 31 years, for a fine of 60l., with the ancient reserved rent of 10l. per ann.
Also the petition.
In the Minute Book, Vol. 26n, p. 99 (3 May 1728) * * * “It appearing to my Lords that all tenant right to the premises had been long since assigned by Webster to Haldane, their Lordships agree to the report in favour of Haldane.” 4 pages.
[? About
March.]
33. Memoranda of various sums between the years 1715 and 1728 allowed to the envoys from Tripoli and Tunis and to the ambassadors from the Emperor of Morocco. 3 pages.
2 April.34. R. Edgcumbe to —. Sends a paper signed by all the Trustees and Capt. Prat himself, which he hopes will be evidence enough for his correspondent to proceed regularly in the affair of Col. Hatton.
Accompanied by the paper:—The Trustees were empowered to sell Capt. Prat's estate and effects, and his “employment of Constable of the Castle of Dublin to discharge his debt to the Crown and Col. Thomas Hatton offered 3,000l. (Irish money) for the Office and the Trustees gave their assent to an application to be made by the Col. to his Majesty for a patent constituting him Constable.” 3 pages.
5 April.35. “A state of the severall accots of the revenues of the public taxes which are behind and undeclared within the division of Mr Auditor Jett in the year 1726 inclusive.”
“Exam. p[er] Tho. Jett Audr 5 Aprill 1728.” 11 pages.
8 April.36. Memorial of the Cofferer to the Lords of the Treasury asking for the issue of money to meet the expenses of his Majesty's household, chambers, and chapel, and for the Princess Amelia. Dated, Cofferer's Office, 8 April 1728. Also an application from the Board of Greencloth to the Cofferer, referred to in the above memorial. 3 pages.
1 May.37. Report of the Surveyor of the Woods (Wyther) to the Lords of the Treasury on the memorial of Francis, Earl of Godolphin, relating to what was due on “the establishment of Windsor Little Park, amounting to 65l. per ann.” The same is in arrear from Midsummer 1721. The surveyor never has any money in his hands, but what is by warrant appropriated to particular uses. Is not surprised that Windsor Little Park is in so ruinous a condition, since very little money has been expended there since his late Majesty's Accession. According to the particulars given, the repairs would amount to 1,342l. 2s. 10d. Proposes to raise it out of the Manor of Rosedale (co. York), Chertsea and Hardwick (co. Surrey), the Manor of Cawood (co. York), where all the timber is reserved to the Crown, but much spoiled by the tenants and out of the forest of Whichwood (co. Oxon).
Also the memorial.
Minuted:—“1st of October 1728. Read and agreed to, and woodfalls are to be made in the severall places mentioned in this report: except only the mannor of Cawood Com. York, which is to remain untouched untill the question between the Archbishop of York and the Crown touching the timber within the said mannor is determined.” 3 pages.
2 May.38. Copy of the Resolutions of the House of Lords, Ireland, recommending the payment of the officers and servants of the House for their services during the Sessions. The sums are put in the margin. 2 pages.
4 May.39. Report of the Board of General Officers to the Lord Lieut. of Ireland on the petition of Lettice Campbell, widow. Find that her late husband, Lieut.-Col. Josias Campbell, served the Crown above thirty years. In the late war in Spain he expended 310l. in the public service which was not repaid, and 190l. was due to him for loss of his baggage. Recommend her for the Royal bounty.
Also the petition and a report on the case in 1710. 6 pages.
[? About
17 May.]
40. Report of the Rt Hon. Charles, Earl of Carlisle, Governor and Captain of the Castle of Windsor, on the petition of Baptist Nunn, Janitor of Windsor Castle; who complained that he was deprived of the fees due to him as Janitor of the Castle and that his lodgings have been detained from him. Has examined an old and almost illegible table of fees, setting forth the fees due to every officer of the honour and Castle of Windsor. Believes that, of late years, the orders contained therein have not been duly observed. Has directed the table of fees to be transcribed and hung up in the Court Room; and that the persons concerned should observe the orders. Gives an account of the occupation of the lodgings which were then in the occupation of Mr. Owen the Steward of the Court. It appears that the Constable had the disposal of several lodgings in the out parts and towers of the Castle which he appointed as he thought fit. Does not think that the Steward, the Janitor, the Secretary, or any other officer under the jurisdiction of the Constable, has any right to lodgings by virtue of his office; but as they are appointed by the Constable. Is of opinion that Mr Owen has no right whatever to the lodgings.
“Recd May 17th 1728.” 4 pages.
23 May.41. Robert Byng to the Hon. Mr Secretary Scroope. The rights of Admiralty have to be paid to him. Has applied to Samuel Shute, Esq., late Governor of New England, to comply with his Majesty's orders during the time he was in that government; but as he knows not that his predecessor gave any such account, he excuses himself, unless their Lordships give the necessary orders. Asks that orders may be given for Mr Shute to account with him for the Admiralty Droits received during his government of New England.
Minuted:—“6th June 1728. Prepare a proper warrt to Mr Shute.” 2 pages.
23 May.42. Affidavit of W. Sanderson, Receiver of Holford, in the co. of Somerset, to the effect, viz.: that he sent a letter subscribed A.Z. to the Post-master General offering an expedient to prevent the robbery of the Bristol and other mails and of the subsequent negotiations with the Post Office, and that he never received any reward for his scheme. Mr Carteret, however, claimed the contrivance of the scheme wholly to himself. When he (Sanderson) applied to the Treasury did not the least doubt but that he should be well rewarded. Sworn 23 May 1728.
In the Minute Book, Vol. 26, p. 106d, 29 May 1728, is:—“Postmaster's Report of the 17th of Aprill last on Wm Sanderson's memorial is read, to be rewarded for a scheme which he, as alleged, invented, and was put in practice by the Postmars to prevent the robbing of the mails; and my Lords being satisfyed by the said report; that the said Sanderson has no pretence to any reward for such service, the scheme made use of appearing to have been entirely formed in the said Office, without the assistance of Sanderson, or any other person whatsoever. The said Sanderson attending, was called in, and my Lords acquainted him that they adhere to the Postmaster's report, and advise him to desist giving himself or their Lordships any further trouble; for that nothing more will be ordered therein.” 3 pages (quarto).
29 May.43. Sir John Fortescue to [ ]. Hopes he will take the case of his (Sir John's) arrears of salary under his consideration. Everybody agrees 'tis his right, and Sir Robert Walpole promised it should be paid, and the question is only upon the method. His claim is from the last day of Trinity term last (21 June) to the day of his supersedeas being 27 Sept. at 2l. 6s. 10½d. per diem, amounting to 229l. 13s. 3d. 'Tis said Mr Justice Cowper received not only for the days above, but for the residue of the time, “home to the last day of Mich. term,” which was the whole 375l; as tho' he had been a judge from the 21st of June to the last day of Mich. term. If this payment was made entire to him with a view that he (Sir John) should share it with him and be paid his 229l. 13s. 3d. it was right; but if paid as Michas. term's whole salary, it could not be his due, because his salary appointed by the King's grant was said expressly to commence and to be made payable from the 24th of October, the date of his patent. In this computation he will be paid about 60l more than is strictly due. The King's grant was drawn by Mr Attorney General with a view not to hurt him (Sir John) in the receipt of his arrears, more especially when he had gone a circuit and expended above 100l. in the King's service. It is very strange to talk of premiums for leaving practice; it was paid to him with one of these views (for, quicquid solvitur, solvitur ad modum solventis) either that he should share with him (Sir John) for his proportion; (then 'tis money received for his use) or else as a salary wholly due to him, then the surplus, is money received to the use of the Crown, because the grant does not warrant the payment; in which case he (Sir John) does not see but it is in the power of the Crown to set matters right another time by recouping what is overpaid. Serjts Inn, 29 May 1728.
Minuted:—“7th June 1728. Prepare a warrt for this sum.”
In the Minute Book for that date (vol. 26, p. 110ƒ) is:—“Prepare a warrant for paying to the late Mr Justice Fortescue his salary as a judge from the time he was last paid the same to the day he was superseded, notwithstanding Mr Justice Cowper was paid for that intermediate time.” 3 pages.
4 June.44. Alured Popple (for the Lords of Trade) to John Scrope, Esq. The Lords of Trade have prepared a draft (enclosed) of instructions for David Dunbar, Esq., appointed Surveyor of H. M. Woods in America. By an article in Col. Philips's instructions for the Government of Nova Scotia, he is restrained from granting any land to people that would become settlers there, until the Surveyor of the Woods has set out a certain tract of land as a nursery of trees for the use of the Royal Navy. It will be for his Majesty's service that the Surveyor General be despatched as soon as possible, that the settlement of Nova Scotia may be no longer delayed.
In the Minute Book, vol. 26, p. 132c, 13 Aug. 1728, is:—“Mr David Dunbar, Surveyor of the woods in North America, informing my Lords by letter of the 8th instant that he is to set out very soon for America, and being under their Lordps orders, desires to know their commands or further instructions for him, and he, being present, is acquainted that their Lordships have no further instructions than what he hath already received and is advised to proceed to his post without delay.” 1½ pages.
5 June.45. An imperfect paper containing the Establishment of his Majesty's Civil List in Scotland. Dated 5 June 1728.
Entered in North Britain Book, vol. 9, pp. 96–99. 3 pages.
7 June.46. Report of A. Cracherode to the Lords of the Treasury on the petition of Thomas Benson, Esq., who prosecuted at the sessions of gaol delivery at Newgate one Eccles Russell for conspiring with William Cunningham, Esq., and several other disorderly persons, to take away Anne, the wife of the petitioner, with divers goods of petitioner's to the value of 300l. Russell was found guilty and received sentence to pay a fine of 300l. to his Majesty. Petitioner prays that the fine may be granted to him. The Report substantially confirms the particulars in the petition. He was in addition to be imprisoned until the fine or rather two fines of 200l. and 100l. were paid. Russell still remained in prison. Mr Cracherode recommends that the fines should he paid to petitioner.
The petition and three certificates.
Minuted:—“Read and Mr Chancellor of the Exchequer will lay the same before the King and receive his Majts pleasure thereupon.” 6 pages.
[? About
7 June.]
47. Petition of John Lawton appointed to methodize and abstract the Records in the Chapter House and other places in the Receipt of the Exchequer at Westminster, addressed to the Lords of the Treasury. Has constantly performed their Lordships' constitution, dated 3 July 1724. Prays for a new constitution. The Chapter House (wherein most of the Records are reposited) being a large capacious building, and so near the east end of Westminster Abbey, where masons daily work, is affected very much by their dust. Asks to have a person allowed him, to dust the Records and clean the office, which he finds by experience would be the means of very much preserving them (nothing being more detrimental than dust). Also asks for a consideration for parchment, paper, pens, ink, books, and other necessaries, which will be very much wanted now he has nearly finished the sorting the King's Bench and Common Pleas Rolls under his care “in order to abstract those” and cover great numbers of others.
Minuted:—“7th June 1720. See what his appointments are.”
Lower down:—“200li p[er] ann. for himself.
222 p[er] ann. for 3 clerks.

420.”
In the Minute Book, vol. 26, p. 124l, 19 July 1728, is:—“John Lawton's memorial representing the great addition of Records ordered by the House of Lords to be removed to the Chapter House, under his care, and for a further allowance in respect thereof, is read. My Lords thereupon consider the allowance he at present receives for himself and clerks and the services performed for the same, and are of opinion there is no foundation for augmenting the allowance.” 1 page.
12 June.48. Report of John Conduit, Esq., Master and Worker of the Mint, on the petition of John Dassier, Engraver and Medallist to the Republic of Geneva, offering to assist at His Majesty's Mint, and desiring permission to make medals within the Tower of London. Advises that it may be for his Majesty's service to encourage Mr. Dassier (who is a Protestant, an able artist, and bears a good character) to stay in England, where so few are skilled in that business. It seems advisable to give him leave to coin, at his own expense, and for his own advantage, within his Majesty's mint, such medals as do not interfere with those made by Mr. Croker and such as are approved by the master and worker; and to employ him in making puncheons or dies for the coinage of money, when there shall be occasion, and to pay him out of the coinage duty, he not being a natural born subject nor consequently capable of enjoying any certain salary. This was not to interfere with Mr Croker, the Chief Engraver, who had, besides his salary, the profit he made by the medals he coined at his own expense, upon extraordinary public occasions, which he well deserved; having served the Crown upwards of thirty years.
Also the petition.
In the Minute Book, vol. 29, p. 119a, 26 June 1728, is:—* * * “Agreed subject to such restrictions as shall not deprive the King's Engraver of any [of] his advantages.” 4 pages.
26 June.49. A paper indorsed:—“A case in relac[i]on to the settlemt made on the mar. of Mr Wilkinson, Junr. For Mr Sollr Generall's opinion.” The point was whether the estate was liable to answer a debt due to the Crown. Signed “P. Yorke & C. Talbot, 26th June 1728.” 3 pages.
26 June.50. “The demand of Henry, Lord Viscount Lonsdale, Constable of his late Majesty's Tower of London, for safe keeping prisoners there, according to the retrenchment made by King Charles the 2d, &c.” From 8 Oct. 1726 to 10 June 1727, dated June 26, 1728. 1 page.
29 June.51. Ro. Hunter [Governor of Jamaica] to the Right Hon. the Lords of Trade. Sends “His Matys Acct of Imposts, Fortifications and Acct Currt from the 7th of April 1725 to ye 25th of March, 1728.” The assembly meets on “Tuesday next, the 2nd of June.” Will send their Lps an account of what they shall do. Jamaica, June 29, 1728.
The letter is accompanied by 17 accounts. Each of 2 or 3 pages.
16 July.52. Thomas Matthew to Mr Scrope. Mr Man has brought an ejectment against Mr Willett and Mr Spooner, and if they are evicted all their buildings, improvements, and crop must fall into his hands. “In the case of King, Hart and others with Thauvet,” is advised, that on moving the Chancellor of the Leeward Islands for a writ “de domino Rege inconsulto” in order to stay proceedings against these persons, as occupiers of the King's lands, till directions could be had from the Lords of the Treasury, such writ was denied; so that the expense of this matter lies wholly on these poor people, at whose charge the Plantations have been settled. Hopes that their Lordships will order his Majesty's proper officers in the Island to assist in the defence of H. M. title. Had applied to the Governor (Mr [or ? General] Mathew) and the other Comrs without effect. The memorials of Mr Heldens, Mr Lowndes, Mr Bridgewater, Mr Griffes, Mr Johnson, Mr O'Neals, and Mr Buller are before their Lordships and show how necessary it is that some directions should be given to the Commissioners not to alter the possessions of the possessors till a full examination and their Lordships' determination has been had concerning them. 2 pages.
25 July.53. Report of the Barons of the Exchequer of Scotland to the Lords of the Treasury. Have examined the Warrant for the Royal signature for granting and conveying the “five merk land of old extent of Auchenreoch and others, lying in the parish of Urr & Stewartry of Kirkcudbright, to William & Thomas McGeorges, proceeding upon the resignations of John Hamilton of Auchenreoch, senior, and John Hamilton his son, and John McGeorge.”
“The signature contains only a taxing of the Ward holding of these lands; so that no non-entry dutys, or casualties and forfeitures by recognition, or escheat, affecting the said lands, can be discharged by the taxing of the Ward holding.”
The valued rent of the lands appears to be 18l. 6s. 8d. By taxing the “Ward holding” according to the rules settled by the privy seal, the Crown accepts a fifth of what it would be entitled to, where dower or tenancy by the courtesy or maintenance of the heir doth not fall in. The real rent of the lands is always more than the valued rent; yet because what is taxed is a certainty, it hath been by long practice held to be reasonable and legal for the Crown to exercise its bounty to such of its vassals as his Majesty is inclined. Signed. 2 pages.
26 July.54. Representation of the Barons of the Exchequer of Scotland to the Lords of the Treasury. By the Act of 6 Anne for settling and establishing a Court of Exchequer in Scotland it is provided that there shall be the following offices in that Court, viz., Queen's Remembrancer, Treasurer's Remembrancer, Clerk of the Pipe, and such other offices as are in being in the Court of Exchequer in England, or are in being in Scotland “relating to signatures, gifts & Tutorys” as the Queen and her successors shall constitute. The offices of King's Remembrancer, Lord Treasurer's Remembrancer, and Clerk of the Pipe were established. No office of Pleas was then constituted, as there did not appear an immediate occasion for it, but now the office appears absolutely necessary; for the want of the office has occasioned the Officers of the Revenue to be frequently pursued before other courts. To prevent this inconvenience, actions of law against the Officers of Customs have been brought in the King's Remembrancer's Office, contrary to the course of practice of the Exchequer in England. “The Court does not intend to hold plea or admit of any suits in the said office which do not concern the revenue and the officers of it.” Signed. 2 pages.
[Between
June 1727
and
30 July
1728.]
55. A memorial and a petition of “Don Manuel Mercader, son of the Marquis De la Vega, sometime Arch Deacon and Chancellor of the Kingdom of Valencia and Vicar General of his Majesty's Island of Minorca.” The memorial is addressed to Sir Robert Walpole, and states that the King, in 1715, granted to memorialist 300l. per ann. for subsistence, during his residence here, which had been regularly issued to the 5th of March 1726. Since that time he has been in great difficulties for want of the allowance and is in danger of imprisonment.
The petition states that Queen Anne, by the treaty of Utrecht, stipulated that the inhabitants of Minorca should enjoy all their liberties, honours, and estates, with the free exercise of the Roman Catholic religion as formerly, so far as should not be inconsistent with the laws of Great Britain, and her Majesty promised to fulfil the same. Her Majesty despatched an order to Col. Kane, Lieut.-Governor of Minorca, to assemble the principal inhabitants, and to signify her pleasure for sending to England two or three able persons to settle the Government, both ecclesiastical and civil, of that Island; and her Majesty promised to defray the expenses of the persons coming over, attending here and going back to Minorca. The Col. complied with the order, and the inhabitants deputed Don “Manual” Mercader, then Vicar General of the Island, and Doctor Francis Sancha, Assessor General, to come over to England; the expense of whose voyage was paid by Mr Gascoigne, Receiver General of the Island. The Deputies arrived in England on the 1st of September, a month after the late Queen died, and having attended the arrival of his Majesty and his Royal father at the Court of Great Britain, they were introduced to his Majesty by the Duke of Argyle, then Governor of Minorca, and to his late Majesty by General Stanhope, then Secretary of State, when they presented “sixty-seven several articles for his Majesty's service,” and his Majesty by several warrants ordered the Deputies to be supported. The assessor, after a year, returned to Minorca owing to ill-health and advancing years, and the King ordered his expenses to be paid and that memorialist should remain till further order, and that the Lords of the Treasury should allow him 300l. per annum. This sum has been allowed to the 5th of March 1725–6. Petitioner's long stay in England, “and appearing always a good subject to his Majesty, warm in his publick and private conversation for his Majesty's interest and glory of the British nation, moderate and charitable in religious affairs, his enemies have thence taken occasion to accuse him at the Court of Rome of being married, and that he is turned Protestant, for which reason and because he gave four churches in Minorca for the use of the English troops in the year 1714, when Vicar General there, the late Pope deprived him of his Dignitys of Archdeacon of Valencia, worth six hundred pounds Stirling p. ann., and the Inquisition of Spain has received several informations against him,” so that he has lost all that he had in the world, and even the liberty of returning with safety of his life to his native country. Prays to be paid the arrears due to him of 375 pounds or that he may be otherwise supported.
In the Minute Book, vol. 26, p. 128ƒ, 30 July, 1728, is:—“Don Emanuel Mercador is to be paid 300l. as his Mats bounty.” 2 pages.