My Lords can arrive at no other conclusion on this part of the question than that Sir Charles Barry has failed altogether to establish his position, that the remuneration of 25,000l. awarded to him in 1838, amounted to 4 per cent. on the estimate then before the Board of Woods, &c.
My Lords now advert to the correspondence which passed in the following year on the subject.
It appears that when the Commissioners of Woods, &c. came to the conclusion communicated in their Report to the Treasury, of the 20th February, 1838, they had before them the detailed and verified estimates from which they had reason to believe that the building would be completed for the sum stated, subject to such considerable additions as must be made according to the report of their surveyors in respect to fittings and other works which had not been the subject of estimate. They, therefore, well knew the whole duty and labour which would devolve on the architect, and with this knowledge they stated their opinion that “the sum of 25,000l. would be a fair and liberal remuneration for the labour and responsibility to be imposed on Mr. Barry, in the superintendence, direction and completion of the intended edifice.” In the opinion of my Lords these terms are not susceptible of any other interpretation than that such remuneration was intended to cover every service which would devolve upon the architect in the completion of the building according to the estimates and specifications then before them, and the further contingent services; that it was proposed in lieu of the ordinary per-centage remuneration, and was intended to cover every charge, including that of measuring, which usually devolves on architects receiving such ordinary professional remuneration.
It is clear, also, that it was accepted by Sir Charles Barry on that understanding. When the Treasury Letter of the 25th February, 1839, was communicated to him, he requested to be informed of the principle on which the proposed sum had been recommended, in order that he might offer the Board of Woods, &c. a few observations on the subject. This application having been refused by the letter of the surveyor of the Board of 4th April, 1839, Sir Charles Barry addressed a letter to that officer on the 22nd April, 1839, in which he stated that he had no doubt that the proposed amount, although far short of the customary remuneration which had hitherto been paid to architects for extensive works, was considered by the Board to be liberal under all the circumstances of the case, and that with this impression he had no wish to do otherwise than bow to its decision. He expressed at the same time his opinion that the amount was very inadequate to the great labour and responsibility that would devolve upon him in the superintendence, direction, and completion of the intended edifice, and his trust that when that should be made manifest, there would not be any indisposition on the part of the Board to award to him the remainder of the remuneration which had hitherto been customary on similar occasions.
Three points are evident from this letter. First, that Sir Charles Barry accepted the proposed sum after a distinct refusal of explanation regarding the principle on which it was proposed. Secondly, that he was well aware at the time that it was far short of the customary remuneration to architects; and thirdly, that he also well understood that it was intended as the whole remuneration which he was to receive for the superintendence, direction, and completion of the intended edifice.
It is therefore too late for him now to raise questions regarding the principle on which the recommendation of the Board of Works in 1839 was based, and to found claims on the supposition that that Board had in view the payment to him of an amount equivalent to the customary remuneration of architects, when the only reservation contained in his letter of the 22nd April, 1839, was founded on the admitted fact that the proffered sum was considerably less than such an amount.
On reconsidering the whole circumstances, the only doubt which my Lords entertain is, whether they have not taken too liberal a view of the considerations by which the Board of Woods, &c. were influenced when they recommended the payment of the fixed sum of 25,000l.; and whether, especially in admitting Sir Charles Barry’s claim to the payment of the expense of measuring, they have not gone beyond the intentions of the arrangement of 1839.
My Lords have, however, no disposition now to re-open this question, and they are prepared to give effect to the arrangement proposed in their Minute of the 29th January last. With this view they proceed to consider the Report of the First Commissioner of Works, of the 11th April last, regarding the two points which were reserved in that Minute for future settlement, viz.:—
1st. The amount of remuneration for services rendered in the warming, lighting, and ventilating arrangements connected with the New Palace.
2nd. The works upon which he should hereafter be allowed the commission of 1 per cent. on measuring.