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master-general of his present majesty's guards, garrisons, and land forces aforesaid, and continued such accountant for a long time, to wit, for the space of six years and upwards, that is to say, at Westminster, aforesaid, in the said county of Middlesex; and the said attorney-general of our said lord the king, for our said lord the king, giveth the Court here further to understand and be informed that the said final account of the said Henry lord Holland, at the time when the said Charles Bembridge became accountant, as aforesaid, and for a long time, to wit, for the space of six years, whilst he the said Charles Bembridge was and continued such accountant, as aforesaid, remained open and unsettled, whereof the said Charles Bembridge, during that time at Westminster, aforesaid, in the said county of Middlesex, had notice; and the said attorney-general of our said lord the king, for our said lord the king, giveth the Court here further to understand and be informed, that it was the duty of the said Charles Bembridge, as such accountant, as aforesaid, forthwith to have discovered and made known to the said Lewis lord Sondes, being such auditor, as aforesaid, any charges against the said Henry lord Holland, as such receiver and paymaster as last aforesaid, which had not been brought into or inserted in the said final account, or any other account of the said Henry lord Holland, as such receiver and paymaster, as aforesaid, delivered to the auditors of the imprest, or either of them, within the knowledge of him the said Charles Bembridge, that is to say, at Westminster, aforesaid, in the said county of Middlesex; and the said attorney-general of our said lord the king, for our said lord the king, giveth the Court here further to understand and be informed, that divers sums of money, to wit, the sum of 243l. 19s. 9d.; 446l. 5s.; 158/. 9s. 7d.; 1,566/. 14s.; 4,000l.; 1,705. 15s. 10d.; 9121. Os. 11d.; 386l. 19s. 8d.; 6271. 8s. 8d.; 1,0197. 10s.; 9561. is. 2d.; 326l. 13s. 7d.; 1,000l.; 400l.; 500l.; 2,1871. 6s. 1td.; 2,333l. 6s. 8d.; 100l.: 2,136l. 17s. 2d.; 7,3811. 78. 5d.; 384l. 16s.; 6,8547. 78. 6d.; 4,8791. 9s. 9d.; 1,8087. 3s. 114d.; 1,761. 1s. 8d.; 4,722. 16s. 61d.; which ought to have been inserted in the said final account, or in some other account of the said Henry lord Holland, which had been delivered to the auditors of the imprest, or one of them, had not been brought into the said final account, or any other account of the said Henry lord Holland, as such receiver and paymastergeneral as last aforesaid, delivered to the auditors of the imprest, or either of them; and the said attorney-general of our said present sovereign lord the king, for our said present sovereign lord the king, giveth the Court here further to understand and be informed, that the said Charles Bembridge, whilst he was accountant, as aforesaid, to wit, on the 2nd day of April, in the 16th year of the reign of our lord the now king, at Westminster, aforesaid,

well knew that the said several last-mentioned sums of money ought to have been inserted in the said final account of the said Henry lord Holland, or in some other accounts of the said Henry lord Holland, as the receiver and paymaster-general as last aforesaid, delivered to the auditors of exchequer, or one of them, and that the said sums of money lastmentioned or any of them had not been brought into the said final account, or any other accounts of the said Henry lord Holland, as receiver and paymaster-general, as aforesaid, delivered to the auditors of the imprest, or either of them, as charges upon the said Henry lord Holland; yet the said Charles Bembridge wickedly, wrongfully, and unjustly, and, as far as in him lay, contriving and intending that the said several charges should be concealed from the said Lewis lord Sondes, and that our said present sovereign lord the king should be defrauded, did not forthwith discover or make known to the said Lewis lord Sondes the said omissions, or any of them, as it was his duty as such accountant as aforesaid to have done, but wickedly, fraudulently, knowingly, and wilfully, did withhold from the said Lewis lord Sondes the information of the said omissions for a long time, to wit, for the space of six years after he the said Charles Bembridge knew thereof, and continued such accountant as last aforesaid, that is to say, at Westminster, aforesaid, contrary to the duty of the said Charles Bembridge as such accountant, as aforesaid, to the evil and pernicious example of all others in the like case offending, to the great injury and deceit of our said lord the king, and against the peace of our said lord the king, his crown, and dignity: Wherefore the said attorney-general of our said lord the king, who for our said lord the king in this behalf prosecuteth, for our said lord the king prayeth the consideration of the Court here in the premises, and that due process of law may be awarded against him the said Charles Bembridge in this behalf, to make him answer to our said lord the king touching and concerning the premises aforesaid.

THE FOLLOWING REPORT OF THE PROCEEDINGS IN THIS CASE WAS TAKEN IN SHORT HAND BY MR. GURNEY, AND HAS NEVER BEEN PRINTED. FOR THE COMMUNICATION OP THE MS., I AM INDEBTED TO MR. LITCH FIELD, NOW (1816) SOLICITOR TO HIS MAJESTY'S BOARD OF TREASURY.

It is necessary to acquaint the Reader that this Report appears never to have been revised for publication. In the original MS. therefore, as in all rough transcripts from the Notes of a Short Hand Writer, are numerous errors; of these I have corrected the more obvious: in cases where the alteration might be doubtful, I have retained the original text, not trusting the uncertainty of conjecture, lest Í should incur the charge of misrepresentation.

The KING versus CHARLES BEMBRIDGE.

the custom of that office (and it seems to be Proceedings on the Trial of this information, making up the accounts) to suppose the paya convenient one enough), for the sake of before the Right Hon. the Earl of Mans-master to make up his accounts to the Midfield, in the Court of King's-bench, Westsummer-day next subsequent-to the 24th of minster, July 18, 1783. June; so that the accounts of the receipts and The information was opened by Mr. payments of the successor commenced from Baldwin. Midsummer-day after the removal of my lord

Mr. Solicitor General [John Lee].-Gentle-Holland. Mr. Powell, being accountant, men of the Jury; I am called upon by the duty of my situation, to open to you a cause in the event of which it is conceived, in my humble judgment very rightly conceived, that the public is highly interested, and that it very much behoved the persons who conducted the affairs of the public, to bring it before the judicature that is by-and-by to have the deciding

of it.

Gentlemen, every person must agree with me that in any state of a country, but especially in the present state of our own, it is incumbent on persons who superintend the conduct of public officers, especially of those employed in the management of the public finance and monies, to see that great care, providence, and fidelity, be exercised and enforced in the persons who possess offices of importance to the public service, that their conduct should be narrowly watched, and every departure from their duty, when it is detected, ought to be brought to the public justice of the country, that it may be censured and punished.

made up my lord Holland's accounts, and delivered them into the office of my lord Sondes, who is one of the auditors of the imprest; upon the 11th of June, 1772, he delivered in a final account of my lord Holland down to the expiration of his office of pay-master, that is down to the 24th of June, 1765. This final account, when it was delivered in, had many blanks in it, and was in a very imperfect state; before the auditor had proceeded in any examination of it, in March 1776 (which you see is four years after the final account was thus delivered in), Mr. Powell was appointed cashier, and the defendant, Mr. Bembridge, accountant-general in the pay-office in his room; in consequence of this appointment, it, at this time, became his duty to attend to the settling of lord Holland's accounts. All monies received by his lordship, on account of the public service, were given credit for, and the account was finally closed. Mr. Bembridge having succeeded Mr. Powell in the character and situation of accountantgeneral, it became more particularly his duty Gentlemen, this prosecution is instituted to see to the settling this account; for the against the defendant, Mr. Bembridge, for a leaving it to Mr. Powell to do it would have supposed violation of his duty in a very im- been a monstrous thing indeed, for Mr. Powell portant office, in a matter in which he has had not only been the preceding accountant, been supposed to have misbehaved to a very but had then become the personal representagreat extent, and it was not for want of all tive of lord Holland-he was one of his exenecessary and all possible circumspection; cutors, and the only acting executor; therenothing less than a wilful, voluntary depar-fore it certainly behoved Mr. Bembridge, his ture from his known duty, could possibly have produced that which is the subject matter of the present charge. Mr. Bembridge was, a long time ago, a clerk in the pay-office; in the month of March, in the year 1776, upon the advancement of the late Mr. Powell from accountant to be cashier, Mr. Bembridge was appointed accountant to the paymaster-general of the forces; and as such accountant, he received a settled salary of 150l. a year, with fees and perquisites to about 1,300l. more; such fees, perquisites, and salary, seem naturally enough to call for (for they surely sufficiently compensate and reward) a great degree of merit, diligence, and fidelity in office: part of the duty of this accountant, and for which he is so paid, is, to pass the accounts of the different paymasters-general while they are in office, and after they have gone out of office, it is their practice and their duty so to do.

Gentlemen, Mr. Fox, the late lord Holland, was appointed, I think by patent bearing date the 26th day of July, in the year 1757, paymaster of the forces, and he continued in that office till the 11th of June 1765. It is

successor in that office, to take care that Mr. Powell should not be the sole check upou himself.

Gentlemen, the defendant Mr. Bembridge himself and his clerks attended, from time to time, at the auditors office, in order to assist the completion of this account, and several articles were added either by himself, or certainly with his privity, both to the charge and the discharge side of the account. The defendant Mr. Bembridge, upon many applications made to him from the auditors office, having declared that there was nothing farther to add, either by way of charge or discharge to the account, about the middle of Novem ber last, this account was closed, and a balance taken, which amounted to 68,0087.6s. 6d. a note of this was made with a pencil in the margin of the account, by the accountantgeneral himself, as is usual; and a state of this account was delivered into the treasury about the middle of November last. Soon after Christmas, the auditors permitted the book of accounts to be taken from the auditor'soffice to the pay-office, for the purpose of rectifying a mistake, for at the time the ba

lance of 68,00ọl. was taken, it was said there clared that this account contained all the was a mistake in some miscalculation of two sums chargeable on lord Holland's estate; articles, that amounted to 1,3001. odd; on that he knew of every one of those items, this account, the book was sent to the pay- but that he had reasons for suppressing office, that it might be seen whether at the them; what those reasons were, my learned auditors-office they were right in their idea friend will be able to inform you; some reaabout that 1,300l. ; upon search, it was agreed sons, you see, are obvious; he had his reasons they were so; the account was rectified, for conccaling them, for he was well aware of setted, and closed, and sent to the treasury. them at the time. Soon after Christmas last, the book of the Gentlemen, I will tell you what I imagine account was left at the auditors-office with an to be the reason; it is but conjecture, but it under clerk, without any letter or message, is so strong, that there is, in iny apprehension, and the deputy-auditor, to whom this book no other way of accounting for it. A very was afterwards delivered, concluding that little before this time, about Christmas, the nothing more had been added than the two then lords of the treasury (very properly, in articles amounting to 1,3001., which could my opinion) had come to a resolution to look pot, of course, vary the balance, he laid the i carefully into the state of the public accounts, book aside without looking into it; but some and to send to all the sub-accountants, as short time after, having occasion to look into well as to the persons who filled great offices, the account, he was much surprised to find a to know what was the state of their accounts variety of sums introduced upon the charged with the public, what they had received, and side of the account, amounting together to how they had disposed of it. It will appear 48,7991. 198. 11d., over and besides those two in evidence to you, that this was very well articles that had been pomted out at the audi-, known, and indeed, the gentleman who sits tors-office, and agreed to be added at the pay- , near me, Mr. Chamberlayne, the solicitor for office,

the treasury, had about that time received Gentlemen, over and above this 1,3001. 'orders to sue out a process against such acthere was introduced into the charged side of countants, in order to bring to the public use, the account the sum of 48,7991. 198. 11d. as well as the public view, all that money The deputy-auditors were exceedingly alarmed which the public was entitled to : then it at this addition, after the defendant bad re- occurred to Mr. Bembridge-Why, if they peatedly told them that there were no other write to these sub-accountants who have articles whatever to be added to the charged received such and such sums of money, which side of the account, and after, upon the have been paid into the pay-office, consecredit of his so informing them, this balance quently it will appear that the principal achad been struck, and the treasury acquainted countant, the pay-master, owes so much; with its amount. They being alarmed at this this naturally suggested to him, that now discovery, immediately acquainted their was the time to bring forward, though he had principal my lord Sondes, the auditor, with so long, so industriously, and repeatedly conit; his lordship wrote to Mr. Powell to inform cealed this enormous sum of 48,0001. ;-then, him immediately, whether he had any farther and not till then, did he ever bring one of addition to make to the charged or discharged these articles to light. Now, it happening side of the account of lord Holland; his lord- just at such a time, carries to my apprehenship immediately received for answer, that they sion, a most entire conviction, that as these had sent their clerk to insert three articles, sums had been concealed so artfully, and so amounting to the further sum of 7741. to the long, they would have been concealed for credit of the public, which was added accord-ever if it had not been known, that an iningly; so that this sum of 48,7001. and odd was quiry was instituted, which would per force added by Mr. Powell after this balance had bring them to the public inspection. Though been struck, and he had over and over again this conjecture is, in my opinion, exceedingly told them that there was nothing to add, but strong and convincing to every rational man, that the estate of lord Holland was charged yet it is not at all necessary to pass for evito the full amount of that which they ought dence to maintain this indictinent, which is to charge him.

for a very gross omission of duty in a public. Now, gentlemen, I expect to hear my officer, appointed by men in public station, learned friend say-Why, this is an informa- and paid very large sums out of the pubhc rion against Mr. Bembridge for not doing revenue; for over and above this 1502. a that, which according to the state of the fact, year, and 1,3001. fees and perquisites, what he did—that is, for returning this 48,7991. do you think, gentlemen, that Mr. Bembridge 19s. 11d., a charge upon lord Ilolland.

has had for the making up of this very acGentlemen, it will appear to you, that these count, which he has done so unfaithfully, as I sums, must all and every one of them, have have stated to you? I do not wish to use been artfully, and designedly concealed, be- harsh words, for they do no good; but he has cause the evidence of these sums were all in had 2,650l. for settling this very account, in their own hands; but I shall prove to you, by which there is an omission of 48,000). due ta Mr. Bembridge's admission, by his own de- the public. Why, gentlemen, I am told, that claration, that at the very time when he de- it is mcant gravely to be contended, that M.

Bembridge is not a public officer, but a private clerk, appointed by the private gentleman who shall happen to be in the office of paymaster to the forces; then, I do not know what it is that constitutes a public officer; that paymaster could not appoint him as a private man before he was in office, nor could he continue him when he went out of office, but he is appointed in consequence of a public situation, for public purposes, and paid by the public purse; therefore, in my apprehension, there cannot be a colour for saying, that this gentleman, whose whole business is public duty, who is appointed by a public officer, and as such is paid out of the public revenue, that he is not accountable to the public for the faithful discharge of his duty: as little reason is there for saying, that a known violation of his duty, in which the public are interested, is not a matter for which he ought to be answerable.

Gentlemen, I shall state to you the time when he was appointed, the duty of his office, and what he did in it, to show he considered it as his duty. I shall prove what he did not do in it-that he was called upon over and over again, to know whether this was the sum total charge upon lord Holland's estate; he said, yes, he had nothing more to add to it, it was complete; and after all, acknowledging himself, as I shall prove by the testimony of the witnesses, that he knew, and was perfectly aware at the time these concealments were made, that they were concealed, and ought to be brought forward. This is the evidence with which this cause will be attended, and I am sure, when you have heard it, you will do that which is right upon it.

Lord Mansfield. Give me the dates. [The dates were handed up to his lordship, extracted from the records.]

EVIDENCE FOR THE CROWN.

Mr. Hughes sworn.-Examined by Sir Thomas Davenport.

Have you the patent of the appointment of Mr. Fox to the office of paymaster? Lord Mansfield. Mr. Bearcroft, do you put them upon the proof of that?

Mr. Bearcroft. Being of counsel for a defendant in a criminal information, I desire they will put them in; I shall not trouble your lordship with reading them.

Lord Mansfield. They are facts that we all know.

Mr. Solicitor General. The copies have all been examined at the Rolls in the common form.

Sir T. Davenport. Have you here the several accounts of lord Holland that were delivered into the office of lord Sondes?—I have.

Sir T. Davenport. Produce them all. [They were produced by Mr. Hughes.]

Sir T. Davenport. Now read the titles.
VOL. XXII.

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Have you the accounts of lord Holland, that were delivered into Mr. -'s office?

Yes. [They were produced by Mr. Harris.] Mr. Harris. This is the account of the right hon. Henry lord Holland, paymastergeneral, &c. for one year and a half, commencing the 25th of June, 1757, and ending the 25th of December, 1758.

Here is another, commencing the 25th of December, 1759, ending the 24th of December, 1760.

Here is another, for one year, commencing the 25th of December, 1760, ending the 24th of December, 1761.

Lord Mansfield. I do not see what use you make of the titles.

Mr. Bearcroft. It is only showing the full support of the allegation in the information. Mr. Solicitor General. That is all.

Mr. Bearcroft. I shall not put them to read the titles of every one of these books; I see they have here all the books of lord Holland's accounts; if they were not here, I should object; I wish they would turn to the last.

Mr. Hughes. The account of the right hon. Henry lord Holland, paymaster-general of his Majesty's guards, garrisons, and land-forces of Great Britain, &c. for half a year, commencing the 25th of December, 1764, and ending the 24th of June, 1765; this is the final account.

Sir T. Davenport. Did you know Mr. Bembridge, the defendant?-Very well.

Had you any communication with him about the final account between the time of its being delivered into lord Sondes's office, and the transmission of that account to the treasury?-Frequently.

Lord Mansfield. What is your office?—I am now deputy-auditor in lord Sondes's office; I was at the time this account was delivered in, second clerk.

Sir T. Davenport. Do you recollect in what month this communication was had between you? The principal communication I have had has been only since I was appointed deputy-auditor, which was in July, 1782.

Did you, at any time, apply to him to know whether there were any other charges to be inserted in the account, than those you found in the account delivered?-The method with our office is to make our observations as they arise in examining the account, and then to transmit them to the accountant in the pay

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office, in order for him to give answers, some- Counsel for the Defendant. Did you see times they take a pretty long time before they him do that?-I did not see him do that, but return answers to these observations, or before Mr. Colborne brought the book; after the the observations that we make to them are balance was struck, I asked him if he agreed properly rectified and inserted in the books; with the balance as we made it in our office. as to the particular times I might have called Lord Mansfield. No matter. upon Mr. Bembridge for it, I cannot imme- Sir T. Davenport. Was Mr. Colborne, os diately tell, but I believe I could tell by any person in the pay-office, apprized that you referring to our observations in the book, were going to transmit it to the treasury? which are dated.

As Mr. Bembridge referred us to Mr. Powell, Lord Mansfield. About what time was it? saying, he could not do any thing more in it, - It was between the months of September Mr. Powell being the acting executor of lord and November, in the last year; I believe it Holland, we applied to him, and acquainted was about the month of October that we called him that we were going to transmit the account upon Mr. Bembridge very peremptorily to to the treasury; we then pressed Mr. Powell, settle and close the book; upon pressing Mr. as we supposed the account was finally closed, Bembridge very close to have the matter to attest it, it is usual for the accountant in settled, he referred us to Mr. Powell.

the office to attest and swear to his account Sir T. Davenport. You talk of settling and before one of the barons of the Exchequer; closing the account, had there been any ba- Mr. Powell did not pay any attention to it lance drawn before that time ?-No; he re- immediately, and, therefore, we wrote him a ferred me to Mr. Powell, saying he could do letter by direction of lord Sondes. no more in it; upon which we applied to Mr. Before the account was transmitted to the Powell, and had the book of account then sent treasury, and after you apprized Mr. Powell from lord Sondes's office to the pay-office, in that it was going to be transmitted to the order to insert two items, amounting to about treasury, was there any objection made to 1,300l., one was 900l. the other 4001. odd; transmitting it by any person ?- None at all. the book of accounts was returned to the In the course of the office, is the account auditor's office.

ever transmitted to the treasury before it is Whether those articles of 1,3001. were sur- closed?—It is not usual, but we found it very charges?—They were surcharges doubtless ; necessary to do it in this case. one arose from miscomputation, and the other I am not speaking now of attestation, but was from a double credit, they had been cre- of the balancing and closing the account, as dited in Mr. Carteret's office and lord Hol- far as figures go. Is it in the course of the ofland's; the book was returned to the auditor fice ever transmitted to the treasury before with the stated balance in penciled figures, the account is thus closed ?-No. amounting to 68,0001. and odd.

Sir T. Davenport. My lord, we will call Lord Mansfield. Do you know whose hand Mr. Winter to produce that account. the penciled figures were in ?-No; the two items that were to be inserted, were not

Mr. Matthew Winter, being sworn, produced at that time inserted, though admitted in

the state of the account as it was given in that balance to be inserted, I suppose they

penciled figures. wanted to be better satisfied about the com- Mr. Bearcroft. That is taken, I suppose, putation; upon which, the auditor drew out from some original account?—From the book a state of the account, and delivered it to Mr. account. Rose, who was at that time the secretary to Mr. Bearcroft. Is the book here ?-It is. the treasury, in order to be laid before the Have you compared it with the book Iords of the treasury.

have. Sir T. Davenport. Whether before you Lord Mansfield. Where are the penciled transmitted it to the treasury; either the figures ? -They are all struck out; there are accountant himself, bis deputy, or any of his no traces of them to be found now. agents, had been examining this account at Sir T. Davenport. The pencil was in the the auditor's office ?-Mr. Powell was well book, and is rubbed out. What passed after acquainted with the state of the account that this account was taken out of the book, and we had then prepared to deliver to the treasury. was transmitted to the treasury:--After that,

Lord Mansfield. That is nothing to the the book of account was returned from the defendant.

auditor's-office to the pay-office. The book of Had any agent of Mr. Bembridge, or any account never was transmitted to the treadeputy in the pay-office attended to compare sury, it was sent from the auditor's-office to this balance and strike it?-It was made out, the pay-office to have those two items of I suppose by Mr. Bembridge's order, by Mr. 1,300l. and odd, inserted in it; I thought it Colborne, the acting clerk in the pay-office remained rather longer at the pay-office than under Mr. Bembridge; he was the person that usual, and I desired my colleague, the deputygenerally made the addition to the accounts, auditor, to inquire where the book was, and from time to time, according to the observa- why it was not returned. tions that we madeg-which were to be an- Who is your colleague -Mr. Winsworth : swered.

I was informed the book bad been returned,

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