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A53938 The reply of Richard Peirce farmer of the duties of package, scavage, balliage and portage; to a paper intituled, The case of Thomas Kilner relating to the duties of package, scavage, &c. lately industriuously dispersed. Peirce, Richard. 1698 (1698) Wing P1066A; ESTC R218210 3,946 2

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Notice That Richard Bromley hath Printed and Published several Malitious and Libellous Papers reflecting upon the Government and Magistracy of this City which are both False and Scandalous It is Agreed and Ordered That the said Richard Bromley shall not for the future be Imployed by this Court or Court of Common-Council or by any Committee of either nor be admitted to inspect any Books or Records in any of the Offices of this City nor be any ways Imployed or Concerned in the Business of the same Ashhurst The CASE OF RICHARD PEIRCE Citizen and Grocer of London and Collector and Farmer of Package Scavage c. HE hath been Tenant to the City near 21 Years under Two several Successive Leases during which Time he hath duely paid his Rent He was the Person that acquainted the City that Sir Nicholas Butler had during the Time that the Judgment upon the Quo Warranto was in Force Obtain'd of the late King Charles II. a Grant of the said Duties at the Rent of 400 l. per Annum whereby the City by a timely Application prevented the said late King 's passing that Grant The said Peirce immediately took a Lease of the said Duties at 1200 l. per Annum and advanced a Year's Rent before-hand which was three times the Rent the same ever went at before which he continued Payment of under that and a subsequent Lease till very lately when the City was sensible of the Excessiveness of the said Rent and the great Expences Losses and Hardships sustained by him and abated 150 l. per Annum for some few Years last past for the Reasons here-under-mentioned The said Peirce was at great Charges in suing Merchants to enforce them to pay the said Duties they pretending they were not liable to pay the same during the Continuance of the Judgment against the City upon the Quo Warranto The said Peirce was at great Charges in his Endeavours to get the Ancient Charters Confirmed by the Act of Parliament which reversed the Judgment on the Quo Warranto and in soliciting that Affair when a former Bill for restoring Corporations was depending relating to Foreign Trade and Navigation and other Matters that would affect the said Duties if they had passed in which he received little or no Assistance from the then Members of the City The Necessity of Publick Affairs ever since the Revolution requiring frequent Parliaments gave Opportunity to great Numbers of Merchants-Aliens to apply for Naturalizations which they did and continually do and many hundreds were Naturalized and so exempted themselves and Correspondents beyond Sea whose Goods they coloured from Payment of the said Duties to the Farmer 's very Great Loss in lessening the Profits of his Farm besides his Great Labour and Expences in Opposing Private Bills of Naturalization and successfully preventing the Passing of a General Bill of Naturalization The said Duties are very much lessened by a late Act of Parliament that takes off the Queen's Customs of Woollen and other Manufactures of this Nation Exported by reason that such Merchants-Aliens as are not Naturalized because of their Difference in Religion enter such their Goods in the Names of their Packers Factors and Friends English-Men there being no Penalty now given to the Queen for preventing their so doing by which Means they pass undiscovered and defeat the Farmer and City of the said Duties which lessens the Farm Considerably The Court of Aldermen have since the said Lease granted to the said Peirce admitted many Denizens and Sons of Aliens into the Freedom of the City though they had given him Promises to the contrary by which Freedom they are Exempted from Payment of the said Duties which they were before liable to the Payment of All which Matters and Things Considered the said Peirce being the present Tenant and having been Interested so many Years in the said Farm and well behaved himself therein hopes he shall have the Favour of Renewing the said Lease for 21 Years and that the City will Reduce his Rent as his Case deserves and according to Equity and Good Conscience that he may have an Opportunity in some Measure to repair his Great Charge Losses and Damages aforesaid and the rather because he hath sequestred himself from all other Imployments and betaken himself solely to the Managing of this Farm which he hath for so many Years been versed in and inured to THE REPLY OF RICHARD PEIRCE the Present Farmer of the Scavage Duties to Kilner 's CASE
The REPLY OF RICHARD PEIRCE Farmer of the Duties of Package Scavage Balliage and Portage to a Paper Intituled The Care of Thomas Kilner Relating to the Duties of Package Scavage c. lately Industriously Dispersed THAT the said Richard Peirce being the present Tenant to the said Farm and having been so for above 20 Years and having during that time constantly paid his Rent and his Lease expiring in less than 12 Months did on the 22th Day of November 1704 petition the Committee of City-Lands to renew his Lease It being a known Rule of the said Committee to receive Propositions from the Tenants in Possession to renew their Leases at any Time within three Years before the Expiration of their Lease in being without Publication that the Premises leased are to be let THAT the said Peirce did then exhibit to the said Committee sundry Reasons in Writing hereto annexed to which the Reader is referred to induce the said Committee to renew his said Lease which Reasons the said Peirce had upon another Occasion lately proved before them to their Satisfaction and the same being fresh in their Memories they the said Committee did then contract with the said Peirce to renew his said Lease for One and Twenty Years to commence from the End of his present Lease for 1000 l. Fine and 950 l. per Annum Rent and in Confirmation of the said Contract the said Peirce according to the usual Practice upon Conclusion of Contracts with the said Committee put 5 Guineas into the Poors Box. THAT the said Thomas Kilner hearing the said Peirce had contracted for the said Farm petitioned the Court of Aldermen and thereby prayed to be admitted Tenant to the said Farm at 1200 l. Fine and 1200 l. per Annum Rent alledging thereby that the said Contract with the said Peirce was unduely obtained upon Suggestions which the said Kilner therein undertook to falsifie and the said Kilner upon such his Petition obtained an Order from that Court for the said Committee to report the Case as it stood before them and thereupon the said Kilner had a Day assigned him by the said Committee to hear his Council and to produce his Evidence to falsifie the said Peirce's Suggestions and accordingly he appeared before the Committee with his Council but could not nor did falsifie one Article of the said Peirce's Suggestions nor could he produce any colourable Evidence for that purpose He did indeed then produce Wilmot's Letter and Affidavit printed in his Case and insisted to have them read and admitted as Evidence but it being a known Rule in Law that written Evidence ought not to be admitted where the Party could be produced to be examined viva Voce that so by cross Examination the Truth might be discovered that Letter and Affidavit was disallowed by them for Evidence THAT the said Letter and Affidavit of Wilmot are as malicious as untrue which the said Peirce can prove but conceives it needless the Subject Matter of them wholly referring to Matters transacted before the said Committee in the Year 1700. when the said Peirce made full Proof of his Case set out and printed in Kilner's Case before the said Committee which is now fresh in their Memory and had the said Peirce then complied with the said Wilmot's unreasonable Demands this Letter and Affidavit had never been heard of THAT the said Kilner failing to falsifie the said Peirce's Suggestions before the said Committee according to his said Undertaking attempted afterwards to prove the Charge of Bribery set out in his Case upon the said Peirce before the Court of Aldermen and had a Day assigned him by that Court for that purpose but was therein as successless as in his former Undertaking nor could he make any Proof of any such Thing he did indeed produce one Richard Bromley Vide The Order of the Court of Aldermen below for Bromley's Character a Common Council-Man of one Year's standing only who is by Trade a Potter but a Solicitor of Causes and by him did prove what the said Peirce admitted that after he had made his Contract with the said Committee he had given the said Richard Bromley a Guinea which Kilner would have to be a Bribe but Peirce can prove it was for his Solicitation of other Matters for him if needful but however that be the giving Bromley a Guinea could not be any Inducement to him or any of the Committee to make the said Contract with Peirce the said Guinea being given after the said Contract made wherefore the Honourable Court of Aldermen would trouble themselves no further therein REASONS why the Contract made by the Committee of City-Lands with Col. Peirce ought to be confirmed and Mr. Kilner 's Proposal rejected I. Because it was fairly obtained and notwithstanding the Committee after the Contract made with Peirce did admit Kilner to disprove Peirce's Suggestions yet Kilner was so far from doing it that he could not falsify them in the least Circumstance or Tittle for the Truth of this Peirce humbly appeals to the Worthy Members of the Committee then present II. It is humbly apprehended to be more for the Interest as well as Honour of the City not to receed from their Contract with Peirce for altho' Kilner offers an higher Fine and Rent yet in respect of the Hazard the City runs in putting this Office into the Hands of a Person totally unacquainted with the Nature of it It consisting in the Collection of several Duties due as well by Ancient Custom and Usage as by Act of Parliament and should this unexperienc'd Gentleman prevail against the old Tenant and receive more for the Duties than he ought or otherwise misbehave himself it would be a Cause of Seizure into the Queen's Hands and so a Means whereby the City may lose the Duties III. As the Rent reserved upon this Lease from 400 l. per Annum which it was lett at when the said Peirce first took it has ever since which is now above twenty Years answered to the City above 1000 l. per Annum and as the Rent was at first increased and by good Management at the said Peirce's great Charges and Expences kept up at this Rent so it may by ill Management be soon reduced to 400 l. per Annum again IV. If any Favour ought to be shown to an old Tenant who has hitherto punctually performed his Bargain with the City and who stands unimpeached of any Misbehaviour in his Office either in respect of oppressing the Merchants or in defrauding the City Peirce humbly hopes himself entitul'd to it especially since he stands in competition with one who has falsly reproached the Honourable Courts of Aldermen and Common-Council and who bids so desperately for an Office of which he hath neither Knowledge or Experience and consequently must be ignorant both of the Method and the Value of it EDWIN Major Jovis xv Die Septemb. 1698. Annoque Wilhelmi Tertij Angl ' c. Decimo THIS Court taking