Charles II, 1677 & 1678
An Act for granting a Supply to His Majestie of Six hundred nineteene thousand three hundred eighty eight pounds eleaven shillings and nine pence for disbanding the Army and other uses therein mentioned.

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History of Parliament Trust

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John Raithby (editor)

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1819

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867-883

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'Charles II, 1677 & 1678: An Act for granting a Supply to His Majestie of Six hundred nineteene thousand three hundred eighty eight pounds eleaven shillings and nine pence for disbanding the Army and other uses therein mentioned.', Statutes of the Realm: volume 5: 1628-80 (1819), pp. 867-883. URL: http://www.british-history.ac.uk/report.aspx?compid=47473 Date accessed: 30 October 2014.


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Contents

Reasons for passing this Act.
II. Commissioners under 29 C. II. c. I. to be Commissioners for executing this Act. III. Commissioners for the City of Lincoln and Town of Nottingham. IV. Commissioners to meet on or before the 4th Day of Sept. 1678. V. Persons lending Money to have Tally of Loan; VI. Such Orders to be registered according to Date of Tally. VII. What not interpreted undue, Preference where Tallies brought the same Day. VIII. The like Enactment when Auditor, Clerk of the Pells, and Teller pay IX. Persons having Money due to them may assign their Interest in Warrants, &c. X. Where Action, &c. commenced against Persons executing Act. XI. Receivers under former Acts not having accounted, appointed under this Act, and intermeddling; XII. Commissioners executing Act not liable to Penalties of 25 Car. II. c. 2. XIII. Regulations as to Payment and disbanding the Forces within the Kingdom. XIV. The like as to Forces in the Spanish Netherlands. XV. Monies appropriated to Payment and disbanding of the Forces, Exception of Allowances, Fees, &c. XVI. Collectors keeping Monies collected in their Hands, or unduly paying away the same. XVII. Treasury not to direct any Warrant for Payment of Monies other than into the Exchequer, nor for striking of any Tally of Pro or Anticipation. XVIII. Regulations as to Treasurer signing Warrants, &c. for issuing Monies. XIX. Loans upon the Credit of Act appropriated to Payment and disbanding of Forces raised since 29th Sept. 1677. XX. Treasurer or Paymaster of the Land Forces to keep distinct the Accounts respecting the said Monies. XXI. No Warrant to be signed but for paying and disbanding the Forces. XXII. Officers misapplying the said Monies. XXIII. The like Offence by any Officer of the Exchequer. XXIV. Further Regulations as to paying and disbanding the Forces by Paymaster. XXV. No Stay of Prosecution admitted in any Suit for Recovery of Penalties. XXVI. Limitation of Prosecution. XXVII. Soldiers disbanded deemed Inhabitants of Parish, &c. where last settled before Enrolment into the Service. XXVIII. Apprentices, &c. disbanded, rendering themselves to their Masters, and Masters refusing to receive them, not to be sued, &c. on Indenture, &c. XXIX. Recital that His Majesty has been at great Charge in fitting out a Navy, and Payment of Portion of Princess of Orange. XXX. Appointment of Commissioners. XXXI. Commissioners to meet together on or before 23d Day of March; and may divide themselves. XXXII. To declare what Number shall act in each Division. XXXIII. Receiver General to give to Commissioners Receipts for Payments made. XXXIV. Two Commissioners may cause Proprtions charged on Divisions to be taxed, and appoint Assessors. XXXV. First Payment to Receiver General on 24th May 1678. XXXVI. Assessors to deliver a Copy of Assessment subscribed by them to Commissioners, who are to sign and seal Two Duplicates, thereof, and deliver one to Collectors. XXXVII. Collectors to pay Money received by them to Receiver General, who is to give Notice to Commissioners. XXXVIII. Particular Collectors to pay in Money received by them to Receiver General. XXXIX. Allowance to Collectors. XL. Persons charged refusing, &c. to pay; Distress. XLI. Queftions upon Distress determined by Commissioners. XLII. Persons conveying away Goods, &c. XLIII. Tenant paying, acquitted to amount of Payment. XLIV. If Difference between Landlord and Tenant as to Rate, Commissioners may settle the same. XLV. In case Proportions of Rate are not fully assessed, or assessed upon Persons not of Ability; XLVI. Persons not executing Act, Commissioners may fine not exceeding £20, for One Offence to be levied by Distress; XLVIL. Collector neglecting to pay, or detaining Monies; XLVIII. At the Expiration of Times for quarterly Payments, Commissioners are to call Collectors before them, &c. XLIX. On Questions in which Commissioners concerned, they have no Voice. L. Privileged Places or Persons, &c. not exempt from Assessment. LI. Proviso for the Colleges in the Two Universities, the Colleges of Windsor, Eton, Winchester, and Westminster, and for Hospitals, in respect of the Scitea of Colleges, &c. LII. Houses held by Lease from Hospitals to be rated at their yearly Value. LIII. Person having a House in one Parish, &c. and Goods in another, to be charged for such Goods, &c. where he dwells. LIV. No Clause in this Act; to extend to lessen the Rate. LV. Proceedings in case the assessing by Pound Rate be found to obstruct the speedy bringing in of the Assessment. LVI. Proviso for Contract between Landlords and Tenants. LVII. Places used to be assessed, to be assessed and pay in such Counties, &c. as heretofore. LVIII. Action brought touching Execution of this Act; LIX. Proviso for a Decree in Chancery respecting Lands in Sheriff Hales, &c. LX. Receivers General and their Deputies to give Acquittances to Collectors without Fee. LXI. Where Lands, &c. unoccupied, and no Distress found, Collectors, Constables, &c. of Parish obliged to pay may enter and distrain; LXII. Where Wood-lands assessed, and no Distress had, Collectors, &c. may enter and cut Wood, &c. growing; LXIII. Proceedings where Assessment charged on Property not ; distrainable. LXIV. Commissioners for Middlessex may appoint Assessors to rate Offices, LXV. Proviso for Peers, Clergy, Cinque Ports, &c. LXVI. Receiver General certifying Arrears due where Monies have been received; LXVII. Quarterly Payments to be made to Receivers General, and by them into Exchequer, within 20 Days after the Times before mentioned. LXVIII. Collector unduly keeping Money in Hand, or paying to Persons other than Receiver General, &c. LXIX. Treasury not to direct Warrant to Collectors, &c. for Payment other than into Exchequer for to Officers of Exchequer for striking of Tallies of Pro, &c. LXX. Persons lending Money to have Tally of Loan, and Order for Repayment with Interest at £7. per Cent, per Ann. Payable every Three Months. LXXI. Books to be provided. LXXII. LXXIII. Persons having their Orders first entered to be paid first, and so successively. LXXIV. Monies to come in by this Act liable to satisfy such Loans. LXXV. No Fee for providing or making Books, &c. or for Payment of Money lent. LXXVI. Auditor, Clerk of the Pells, or Teller not making Payments in due Order; LXXVII. Proviso where several Tallies bear Date the same Day. LXXVIII. Paying subsequent Orders, if first demanded, no undue Preference, if sufficient reserved to satisfy preceding Orders. LXXIX. Orders for Payment of Money lent may be assigned by Indorsement. Footnotes

Reasons for passing this Act.

Grant of £206, 463, 179. 3d.; 29 Car. II. c. I.

Most Gratious Sovereigne
Wee, your Majestyes most loyall and obedient Subjects the Commons now in Parliament assembled perceiveing that there is noe further occasion for the Forces raised since the Nine and twentyeth of September last and being sensible that the continuance of them must be a great burthen and unnecessary charge to your Majestie To the intent therefore that the said charge may not continue and to enable your Majestie compleatly to pay and to disband all the said Forces as hereafter is mentioned and expressed Wee. your Majestyes said loyal Subjects have given and granted and by these Presents doe give and. grant for the ends and purposes aforesaid unto your most Excellent Majestie (whome God long preserve) the Summe of Two hundred and six thousand fower hundred sixty two pounds seaventeene shillings and three pence to be raised and levyed in manner following (that is to say) Whereas in and by a certaine Act lately passed entituled. (An Act for raiseing the Summe of Five hundred eighty fower thousand nine hundred seaventy eight pounds two shillings two pence halfe penny for the speedy building Thirty Shipps of Warr) It was amongst other things enacted That the Summe of Thirty fower thousand fower hundred and ten pounds nine shillings six pence halfe penny by the moneth for seaventeene moneths begining from the five and twentyeth day of March One thousand six hundred seaventy seaven should be assessed taxed collected levyed, and paid, by five quarterly and two months payment in the severall Countyes Cittyes Burroughs Townes and Places within England and Wales and the Towne of Berwicke upon Tweede according to the Rates and proportions therein expressed. It is now further enacted by the Kings most Excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and of the Co[i]mmons in this present Parlyament assembled and by the Authoritie of the same That the summe of Thirty fower thousand fower hundred and ten pounds nine shillings and six pence halfe penny by the Moneth for six Months, the first of the said Months begining from the [fower and twentyeth (fn. 2) ] day of August in the yeare of our Lord One thousand six hundred seaventy eight shall be assessed taxed levyed and paid by two Quarterly payments in the severall Countyes Cityes Burroughs Townes and Places within England and Wales and the Towne of Berwicke upon Tweede for the ends and purposes aforesaid according to the Rates and Proportions following (That is to say) For each Moneth of the said six Moneths

For the County of Bedford The summe of Fower hundred forty eight pounds eight shillings ten pence halfe penny.

For the County of Berks the summe of five hundred sixty six pounds three shillings three pence halfe penny.

For the County of Bucks the summe of six hundred fifty seaven pounds thirteene shillings two pence halfe penny.

The County of Cambridge the summe of five hundred and ten pounds.

The Isle of Ely the summe of One hundred seaventy fower pounds eighteene shillings and eleaven pence halfe penny.

The County of Chester the summe of Three hundred seaventy three pounds eighteene shillings and seaven pence

The Citty and County of the Citty of Chester the summe of twenty six pounds fowerteene shillings and two pence.

The County of Cornwall the summe of seaven hundred and seaventy pounds nine shillings one penny halfe penny

The County of Cumberland the summe of eighty fower pounds three shillings one halfe penny

The County of Derby the summe of fower hundred thirty one pounds fower shillings and two pence

The County of Devon the summe of One thousand six hundred and fowerteene pounds nineteene shillings and seaven pence

The Citty and County of the Citty of Exon the summe of fifty eight pounds three shillings and eight pence

The County of Dorset the summe of six hundred seaventy two pounds five shillings two pence halfe penny.

The Towne and County, of Poole the summe of five pounds nine shillings and ten pence

The County of Durham the summe of One hundred sixty one pounds eighteene shillings fower pence halfe penny

The County of Yorke with the Citty and County of the Citty of Yorke and Towne and County of Kingston upon Hull the summe of One thousand seaven hundred thirty fower pounds twelve shillings and seaven pence

The County of Essex the summe of One thousand five hundred forty nine pounds fower shillings and five pence.

The County of Gloucester the summe of nine hundred and fower pounds five shillings one penny halfe penny.

The Citty and County of the Citty of Gloucester the summe of nineteene pounds fowerteene shillings

The County of Hereford the summe of five hundred sixty five pounds sixteene shillings eight pence

The County of Hertford the summe of six hundred seaventy two pounds eighteene shillings one penny halfe penny.

The County of Huntingdon the summe of three hundred and sixteene pounds seaventeene shillings one penny.

The County of Kent with the Citty and County of the Citty of Canterbury the summe of One thousand six hundred sixty three pounds nine shillings and fower pence

The County of Lancaster the summe of five hundred and three pounds six shillings and nine pence.

The County of Leicester the summe of five hundred forty two pounds seaven shillings one penny halfe penny

The County of Lincolne with the Citty and County of the Citty of Lincolne the summe of One thousand two hundred eighty seaven pounds eleaven shillings

The Citty of London with the Liberty, of Saint Martins Le Grand the summe of Two thousand one hundred forty five pounds fifteene shillings and eight pence

The County of Midlesex with the Citty and Liberty of Westminster the summe of One thousand five hundred and twenty pounds and five shillings

The County of Monmouth the summe of One hundred ninety five pounds

The County of Northampton the summe of Seaven hundred and six pounds nineteene shillings one penny.

The County of Nottingham with the Towne and County of the Towne of Nottingham the summe of Fower hundred thirty six pounds fowerteene shillings

The County of Norfolke the summe of One thousand six hundred eighty five pounds six shillings

The Citty and County of the Citty of Norwich the summe of ninety pounds

The County of Northumberland with the Townes of Newcastle and Berwicke upon Tweede the summe of One hundred eighty six pounds seaven shillings and ten pence

The County of Oxon the summe of five hundred sixty seaven pounds fifteene shillings fower pence

The County of Rutland the summe of One hundred and twenty pounds fower shillings five pence halfe penny

The County of Salop the summe of Six hundred and one pounds seaventeene shillings one penny

The County of Stafford the summe of Fower hundred twenty six pounds five shillings and ten pence.

The Citty and County of the Citty of Litchfield the summe of Six pounds and ten shillings

The County; of Somerset the summe of One thousand, three hundred eighty five pounds fifteene shillings: and fower pence.

The Citty and County of the Citty of Bristoll the summe of Ninety nine pounds fowerteene shillings and two pence

The County of Southampton with the Towne and County of Southampton and the Isle of Wight the summe of One thousand ninety fower pounds forwerteene shillings and fower pence

The County of Suffolke the summe of One thousand six hundred forty nine pounds five shillings and fower pence

The County of Surrey with the Burrough of Southwarke the summe of Seaven hundred ninety eight pounds ten shillings and one penny.

The County of Sussex the summe of Nine hundred and ten pounds thirteene shillings and ten pence halfe peny

The County of Warwicke with the Citty and County of the Citty of Coventry the summe of Five hundred ninety six pounds fower shillings fower pence halfe penny.

The County of Worcester the summe of Five hundred twenty six pounds nineteene shillings six pence

The Citty and County of the Citty of Worcester the summe of Twenty seaven pounds fowerteene shillings and nine pence.

The County of Wilts the summe of Nine hundred eighty three pounds eight shillings nine pence halfe penny

The County of Westmorland the summe of Fifty eight pounds

The County of Anglesey the summe of Sixty two pounds sixteene shillings and ten pence

The County of Brecknocke the summe of One hundred forty one pounds five. shillings two pence three farthings

The County of Cardigan the summe of Fifty two pounds seaventeene shillings ten pence three farthings.

The County of Carmarthen the summe of One hundred thirty six pounds three shillings and fower pence

The County of Carnarvan the summe of Seaventy three Pounds six shillings one penny.

The County of Denbigh the summe of One hundred and eleaven pounds fifteene shillings three pence halfe peny

The County of Flint the summe of Fifty nine pounds eight shillings eight pence

The County of Glamorgan the summe of One hundred eighty nine pounds eight shillings ( (fn. 3) ) eleaven pence

The County of Merioneth the summe of Fifty pounds eight shillings and one halfe penny.

The County of Montgomory the summe of One hundred thirty eight pounds six shillings and one penny.

The County of Pembroke the summe of One hundred sixty three pounds five shillings

The County of Radnor the summe of eighty seaven pounds three shillings and fower pence

The Towne and County of Haverford West the summe of Seaven pounds eleaven shillings eight pence halfe penny.

II. Commissioners under 29 C. II. c. I. to be Commissioners for executing this Act.

Persons concerned in levying, &c. under this Act to have the Benefits and subject to the Penalties as Persons levying the former Assessments.

And bee it further enacted That all and every the persons who are appointed to act as Commissioners for the Execution of the said former Act shall likewise be and soe are hereby constituted and appointed to be Commissioners for the Execution of this present Act within the severall and respective Countyes Cityes Burroughs Townes and Places for which they were formerly appointed, and all and every the Commissioners aforesaid or before mentioned shall have and execute like Powers and Authorities Rules and Dircttions touching the better assessing collecting levying receiveing and paying the said Two hundred and six thousand fower hundred sixty two pounds seaventeene shillings and three pence And all and every. Person or persons who shall be lyable unto or any wayes concerned or imployed in the assessing collecting levying receiving disposeing or paying any of the Moneys by this Act imposed shall have like Benefitts Advantages and Discharges and shall be subject to the like Penaltyes and Forfeitures in case of misapplying the Money hereby given or any neglect or refusall to pay their respective Assesment or to performe their respective Dutyes as any other person or persons lyable unto or concerned or imployed in the assessing collecting levying receiving disposeing or paying any of the said former Assesments ought to have or be subject unto as fully and amply as if all and every the Names Persons Officers Clauses Matters and Things to the said former Assesments relateing had respectively beene againe in this Act sett downe repeated and enacted.

III. Commissioners for the City of Lincoln and Town of Nottingham.

And bee it further enacted That the Maior and six senior Aldermen and Recorder of the Citty of Lincolne for the time being shall be Commissioners to execute all the said Powers and Rules of the said mentioned Act and this present Act; within the Citty and County of the Citty of Lincolne, And that the Maior and Aldermen for the time being of the Towne of Nottingham shall be Commissioners to execute all the Powers and Rules of the said mentioned Act and likewise of the Act: entituled An Act for raiseing money by a Poll and otherwise to enable His Majestie to enter into an actuall Warr against the French King and for prohibiting severall French Commodities, and of this present Act within the Towne and County of the Towne of Nottingham.

IV. Commissioners to meet on or before the 4th Day of Sept. 1678.

Time of First Quarterly Payment.; Second Quarterly Payment.

And bee it further enacted That the severall Commissioners shall meete together at the most usuall and common Place of meeting upon or before the Fowerth day of September in the yeare of our Lord One thousand six hundred seaventy eight to putt this Act in Execution and that the first quarterly Payment amounting to the Summe of One hundred three thousand two hundred thirty and one pounds eight shillings seaven pence halfe penny shall be assessed collected levyed and paid unto the Receivers of the severall Countyes appointed or to be appointed by his Majestie. upon or before the Fower and twentyeth day of November in the yeare of our Lord One thousand six hundred seaventy eight, And that the second quarterly Payment amounting to the Summe of One hundred and three thousand two hundred thirty one pounds eight shillings seaven pence halfe peny shall be assessed collected levyed and paid unto the [Receivers (fn. 4) ] of the severall Countyes appointed or to be appointed by His Majestie upon or before the Fower and twentyeth day of February in the said yeare of our Lord One thousand six hundred seaventy eight.

V. Persons lending Money to have Tally of Loan;

and Order for Payment of Interest at £8 per Cent, per Ann. payable every Three Months. Repayment of Principal.

And whereas it will be necessary for the more speedy disbanding and paying of the said Forces soe raised that money should be borrowed upon the Credit of the Two hundred six thousand fower hundred sixty two pounds seaventeene shillings and three pence given by this Act Bee it therefore enacted and ordained by the Authoritie aforesaid That all and every person and persons who shall lend any money to Your Majestie upon the Credit of the aforesaid Summe of Two hundred six thousand fower hundred sixty two pounds seaventeene shillings three pence given by this Act (not exceeding the summe of One hundred and fifty thousand pounds) and pay the same into the Receipt of Your Majestyes Exchequer shall immediately have a Tally of Loane for the same and an Order for repayment bearing the same date with the Talley with a Clause therein inserted for the payment of Interest for such moneys at the rate of eight pounds per Cent per Annu[m] to be paid every three Moneths untill the repayment of the Principall.

VI. Such Orders to be registered according to Date of Tally.

Orders for Repayment of Money lent to be registered in course according to Date of Tally.; and Persons paid in course as Orders stand entered.; Monies raised under Act liable in the same Order for such Repayment, and not to be divertible to any other Use.; No Fee for providing such Books, or making Entries, &c. or for Payment of the Money so lent; Penalty. Undue Preference by Officer; Action by Party grieved, and Loss of Place.; The like as to Deputy.; Auditor, Clerk of the Pells, or Teller offending liable to Forfeiture, and Deputies to Action.; Penalties, &c. how to be recovered.

And it is hereby further enacted by the Authoritie aforesaid That after Orders shall be, registred for the repayment of ( (fn. 5) ) Loanes on this Act not exceeding one hundred and fifty thousand pounds with Interest as aforesaid and the Forces actually disbanded that others Orders of the Lord Treasurer to the Paymaster of the Land Forces for payment for Cloathes and other Necessaries for the Forces to be disbanded by this Act shall be registred in course according to their respective dates and that all Orders for repayment of Money lent shall be registred in course according to the date of the Talley respectively and that all other Orders after the actuall disbanding of the said Forces shall be entred in course according to their respective dates and none of the Orders above mentioned shall have preference one before another but shall be entred in their course according to the dates of the Talleys and the times of bringing their other Orders as they are in point of time respectively before each other And that all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Register Booke soe as that the person Native or Forreigner his Executors Administrators and Assignes who shall have his Warrant or Order Warrants or Orders first entred in the said Booke of Register shall be taken and accounted as the first person to be paid upon the Two hundred six thousand fower hundred sixty two pounds seaventeene shillings three pence to come in by vertue of this Act, And he or they that shall have his or ( (fn. 6) ) their Warrants or Orders Warrant or Order next entred shall be taken and accounted to be the second person to be paid and soe successively and in course And that the Two hundred six thousand fower hundred sixty two pounds seaventeene shillings three pence to come in by vertue of this Act shall be in the same order lyeable to the satisfaction of the said repective partyes their Executors Administrators or Assignes successively without preference of one before another and not otherwise and not be divertible to any other use intent or purpose whatsoever And that noe Fee or Reward or Gratuity directly or indirectly be demanded or taken of any Your Majestyes Subjects for provideing or makeing any such Bookes Registers, Entryes View Searches or Certificate in or for Payment of Money lent or the Interest thereof or for Payment of any Money upon any Order by any of Your Majestyes Officer or Officers their Clerks or Deputyes on paine of payment: of treble damages to the party grieved by the party offending with Costs of Suite, or if the Officer himselfe take or demand any such Fee or Reward then to lose his place alsoe, And if any undue preference of one [befoe (fn. 7) ] another shall be made either in point of Registry or of Payment contrary to the true meaneing of this Act by any such Officer or Officers then the Party offending shall be lyable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office. And if such preference be unduely made by any his Deputy or Clerke without direction or privity of his Master then such Deputy or Clerke onely shall be lyable to such Action Debt Damages and Costs and shall be for ever after [incapeable (fn. 8) ] of his Place or Office. And in case the Auditor shall not direct the Order or the Clerke of the Pells record or the Teller make Payment [accoding (fn. 9) ] to each persons due Place and Order as aforedirected then he or they shall be adjudged to forfeite and their respective Deputyes and Clerks herein offending to bee lyable to such Action Debt Damages and Costs in manner as aforesaid All which said Penaltyes Forfeitures Damages and Costs to be incurred by any of the Officers of the Exchequer or any their Deputyes or [Clers (fn. 10) ] shall and may be recovered by Action of Debt Bill Plaint or Information in any of His Majestyes Courts of Record at Westminster wherein noe Essoigne, Protection Priviledge Wager of Law Injunction or Order of Restraint shall be in any wise granted or allowed.

VII. What not interpreted undue, Preference where Tallies brought the same Day.

Provided alwayes and bee it hereby declared That if it happen that severall Talleys of Loane beare date or be brought the same day to the Auditor of the Receipt to be registred then it shall be interpreted noe undue preference which of those he enters first soe he enters them all the same day.

VIII. The like Enactment when Auditor, Clerk of the Pells, and Teller pay

subsequent Orders when first demanded.

Provided alsoe That it shall not be interpreted any undue preference to incurr any penalty in point of Payment if the Auditor direct and the Clerke of the Pells record and the Teller doe pay subsequent Orders of persons that come and demand their Money and bring their Orders before other persons that did not come to demand their Money and bring their Order in their course soe as there be soe much Money reserved as will satisfie their Orders which shall not be otherwise disposed but kept for them Interest upon Loane being to cease from the time the Money is soe reserved and kept in Bank for them.

IX. Persons having Money due to them may assign their Interest in Warrants, &c.

Memorial thereof without Fee.; Assignee may assign.; Assignments not to be released, &c. by Assignor.

And bee it further enacted by the Authority aforesaid That every person [and (fn. 11) ] persons to whome any Money shall be due upon the Two hundred six thousand fower hundred sixty two pounds seaventeene shillings and three pence given by vertue of this Act after Warrant or Order entered in the Booke of Register aforesaid for Payment thereof his Executors Administrators or Assignes by indorsement of his Order or Warrant may assigne and transferr his Right Title Interest and Benefitt of such Warrant or Order or any part thereof to any other which being notified in the Office of the Auditor for the Receipt aforesaid and an Entry and Memoriall thereof alsoe made in the Booke of Registry aforesaid for Warrants which the Officers shall upon request without Fee or Charge accordingly make shall entitle such Assignee his Executors Administrators and Assignes to the benefitt thereof and payment thereon, and such Assignee may in like manner assigne againe and soe toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignements to make void release or discharge the same or any the Moneys thereby due or any part thereof

X. Where Action, &c. commenced against Persons executing Act.

General Issue.; Treble Costs.

And bee it further enacted by the Authoritie aforesaid That if any Action Plaint Suite or Information shall be commenced or prosecuted against any person or persons for what he or they shall doe in pursuance or in Execution of this Act such person or persons soe sued in any Court whatsoever shall or may pleade the Generall Issue Not guilty and upon any issue joyned may give this Act and the speciall matter in evidence and if the Plaintiffe or Prosecutor shall become non suite or forbeare further prosecution or suffer discontinuance or if a Verdict passe against him the Defendant and Defendants shall recover their treble costs for which they shall have the like remedy as in any case where Costs by law are given to Defendants.

XI. Receivers under former Acts not having accounted, appointed under this Act, and intermeddling;

Penalty £500.

Provided alwayes and bee it enacted by the Authority aforesaid That if any person haveing beene a Receiver of Money due upon any Act or Acts passed before the begining of this present Session of Parlyament and not haveing accompted for all the Moneys by him received and which ought to have beene accompted for upon such Act or Acts shall be appointed Receiver for any the Moneys due upon this Act and shall intermedle therein every such person shall forfeite the summe of Five hundred pounds to be recovered by any person or persons that will sue for the same in any of his Majestyes Courts of Record by Action of Debt Bill Plaint or other Information wherein noe Essoigne Protection Wager of Law Ayd Preyer Priviledge Injunction or Order of Restraint shall be in any wise prayed granted or allowed nor any more than one Imparlance.

XII. Commissioners executing Act not liable to Penalties of 25 Car. II. c. 2.

And bee it further enacted by the Authoritie aforesaid That noe Commissioner or Commissioners or any other Officer that shall be imployed in the Execution of this Act or any thing therein contained shall be lyable for or by reason of their acting or proceeding as Commissioners by vertue of this Act to any of the Penaltyes mentioned in an Act entituled An Act for preventing Dangers which may happen from Popish Recusants for not takeing the Oathes or Declaration in the said Act expressed in case such Commissioner or Commissioners Officer or Officers have before that time taken the said Oathes and subscribed the Declaration in the recited Act mentioned.

XIII. Regulations as to Payment and disbanding the Forces within the Kingdom.

And bee it further enacted That all the respective Forces Regiments Troops and Companies Officers and Soldiers whether in Garrison or out of Garison within this Kingdome of England and Dominion of Wales and the Towne of Berwicke upon Tweede and the Islands of Guernsey and Jersey raised at any time since the said Twenty nineth of September One thousand six hundred ( (fn. 12) ) seaven be paid disbanded and discharged at or before the Thirtyeth day of July One thousand six hundred seaventy and eight in such manner and by such Orders and Directions as His Majestie shall appoint and by such other Rules and Directions as shall be herein limitted and provided.

XIV. The like as to Forces in the Spanish Netherlands.

And bee it further enacted That all other Regiments Troops and Companyes Officers and Soldiers being His Majestyes Subjects whether in Garison or out of Garison in any part of the Spanish Netherlands raised at any time since the said Twenty ninth day of September be paid disbanded and discharged on or before the Six and twentyeth day of August in the said yeare One thousand six hundred seaventy eight in such manner and by such Orders and Directions as His Majestie shall appoint and by such other Rules and Directions as are herein limitted and appointed.

XV. Monies appropriated to Payment and disbanding of the Forces, Exception of Allowances, Fees, &c.

And bee it further enacted by the Authoritie aforesaid That all Moneys herein before named and mentioned collected levyed and paid by vertue of this Act except the Allowances therein made to the respective Collectors Clerks and Receivers Generall and the usuall Fees of the Officers of the Exchequer and what shall be issued thence for the repayment of Loanes made in pursuance of this Act upon the Credit of the said Two hundred six thousand fower hundred, sixty two pounds seaventeene shillings and three pence into the Exchequer and Interest for the same shall be applyed and appropryated and are hereby appropriated to and for the speedy and compleate paying and disbanding the Forces Officers and Soldiers raised since the Nine and twentyeth of September One thousand six hundred seaventy and seaven and to noe other intent use or purpose whatsoever.

XVI. Collectors keeping Monies collected in their Hands, or unduly paying away the same.

Penalty £5.; Receiver General or his Deputy unduly paying Monies received under this Act.; Penalty £500.

And for the more effectuall doeing thereof and that the said Moneys hereby given may be applyed to the use and service aforesaid Bee it further enacted And it is enacted by the Authoritie aforesaid That if any Collector of any Parish or Place shall keepe in his hands any part of the said Money by him collected for any longer time then is by this Act directed (other then the allowance made unto him by this Act) or shall pay any part thereof to any person or persons other then the Receiver Generall of such County or Place or his Deputy. That every such Collector shall forfeite for every such offence the summe of Five pounds And in case any Receiver Generall or his Deputy shall pay any part of the Moneys paid to him or them by any Collector by vertue of this Act to any person or persons whatsoever other then the Receipt of His Majestyes Exchequer and that at or within the respective, times limitted by this Act or in case such Receiver Generall or his Deputy shall pay any part of the said Moneys by any Warrant of the Lord Treasurer and Under. Treasurer or either of them or Coo[m]missioners of the Treasury for the time being or upon any Talley of Pro or Talley of Anticipation or, other wayes or device whatsoever whereby to [divert or (fn. 13) ] hinder the actuall Payment thereof into the Receipt of the Exechequer as aforesaid That such Receiver. Generall shall for every such offence of himselfe or his Deputy forfeite the Summe of Five hundred pounds to him or them that shall sue for the same in any Court of Record by Bill Plaint or other Information wherein noe Essoigne Protection or Wager of Law is to be allowed.

XVII. Treasury not to direct any Warrant for Payment of Monies other than into the Exchequer, nor for striking of any Tally of Pro or Anticipation.

Teller not to throw down any Bill, &c. till he shall have received Money.

And it is hereby further enacted by the Authoritie aforesaid That the Lord Treasurer [or (fn. 14) ] Under Treasurer or Coo[m]mis?ers of the Treasury for the time being or any of them doe not direct any Warrant to any of the said Collectors or Receivers Generall or their Deputyes for the Payment of any part of those Moneys to any person or persons other then into the Receipt of the Exchequer as aforesaid nor shall they [nor (fn. 15) ] any of them direct any Warrant to the Officers of the Exchequer for the strikeing of any Talley of Pro or Talley of Anticipation nor doe any other matter or thing whereby to divert the actuall Payment of the said Moneys into the Receipt of the Exchequer nor shall the Officers of the Exchequer direct or strike or record the strikeing of any Talley of Pro or Talley of Anticipation upon any of the said Moneys upon any Account or Warrant whatsoever nor shall any Teller throw downe [any (fn. 16) ] Bill whereby to charge himselfe with any of the said Moneys untill he shall have actually received the same.

XVIII. Regulations as to Treasurer signing Warrants, &c. for issuing Monies.

Auditor not to draw Order for issuing Money to any other than Treasurer of the Navy, &c.; nor direct, nor Teller, &c. record or make Payment of such Money otherwise than as mentioned in the Warrant.

And it is hereby further enacted by the Authority aforesaid That the Lord Treasurer and Under Treasurer, or either of them or the Commissioners of the Treasury for the time being doe not signe any Warrant or Order or doe any other matter or thing for the issueing any of the said Moneys out of the Exchequer to any person whatsoever other then the Treasurer or Paymaster of the Land-Forces or to and for the speedy and compleate paying and disbanding the Forces Officers and Soldiers raised since the Twenty nineth of September One thousand six hundred seaventy and seaven or for the Repayment of Loanes upon the Credit of this Act or Interest of the same as by this Act is directed. Nor shall the Auditor of the Receipt draw any Order for the issueing of any part of the said Moneys to any person whatsoever other then the Treasurer or Paymaster of the Land Forces or to and for the speedy and compleate paying and disbanding the Forces Officers and Soldiers raised since the Twenty ninth of September One thousand six hundred seaventy and seaven or for the repayment of Loanes and Interest for the same as aforesaid, nor shall he direct or the Clerke of the Pells record or the Teller make Payment of any of the said Moneys by vertue of any Warrant or upon any Order or other, way or device whatsoever other then for the uses aforesaid and to be soe mentioned and expressed in such Warrant and Order.

XIX. Loans upon the Credit of Act appropriated to Payment and disbanding of Forces raised since 29th Sept. 1677.

And it is hereby further enacted by the Authority aforesaid That all Loanes upon the Credit of this Act be and are hereby appropriated to and for the speedy and compleate paying and disbanding the Forces Officers and Soldiers raised since the Twenty ninth of September One thousand six hundred seaventy and seaven nor shall they be issued out of the Exchequer to any other intent or purpose whatsoever nor by any, other Warrant or Order but wherein it is expressed that the same is to and for the speedy and compleate paying and disbanding the Forces Officers and Soldiers raised since the Twenty ninth of September One thousand six hundred seaventy and seaven nor to any person whatsoever but to the Treasurer and Paymaster of the Land Forces.

XX. Treasurer or Paymaster of the Land Forces to keep distinct the Accounts respecting the said Monies.

And it is hereby further enacted by the Authoritie aforesaid That the Treasurer or Paymaster of the Land Forces (of whome good Security shall be first taken by the Lord Treasurer and Under Treasurer or Commissioners of the Treasury) shall keepe all such Moneys paid to him distinct and apart from all other Moneys and that the Treasurer or Paymaster of the Land Forces doe not issue or pay any of the said Moneys but by Warrant expressing that the same is to and for the speedy and compleate paying and disbanding the Forces Officers and Soldiers raised since the Twenty ninth of September One thousand six hundred seaventy and seaven

XXI. No Warrant to be signed but for paying and disbanding the Forces.

And it is hereby further enacted by the Authoritie aforesaid That such person or persons as doe signe the Warrants to the Treasurer or Paymaster of the Land Forces shall not signe any Warrant or doe any other thing for the issueing and paying any of the said Moneys to any use intent or purpose whatsoever other then to and for the speedy and compleate paying and disbanding the Forces Officers and Soldiers raised since the Twenty ninth of September One thousand six hundred seaventy and seaven and to be soe expressed in the said Warrant.

XXII. Officers misapplying the said Monies.

Penalty.

And it is further enacted by the Authoritie aforesaid That if any of the Officers or other persons aforesaid shall after Receipt of any of the said Moneys divert or, misapply the same or any part thereof by vertue of any Warrant from the Lord Treasurer for the time being or other superior Officer contrary to the true intent and meaning of this Act that then such Officer or Officers soe diverting or misapplying the said Money shall forfeite the like summe soe diverted or misapplyed which said forfeiture shall be recovered by Action of Debt Bill Plaint or Information in any of His Majestyes Courts [of Record (fn. 17) ] at Westminster wherein noe Essoigne Protection or Wager, of Law shall be allowed One Moyety of which Forfeiture soe to be recovered shall be to the Informer or him that shall sue for the same and the other Moyety thereof to be distributed to the poore of the Parish where such offence shall be committed.

XXIII. The like Offence by any Officer of the Exchequer.

Penalty.

And bee it further enacted by the Authority aforesaid That if any Officer or Officers mentioned in this Act or in any wise belonging to the Exchequer shall wittingly and [willingly (fn. 18) ] offend against this Law or any Clause therein by diverting or misapplying any of the Moneys collected by vertue of this Act or any Loane had thereupon contrary to the true intent and meaning of the said Act that for any and every such offence such Officer and Officers soe offending shall forfeite his Office and Place and is and are hereby disabled and made incapeable to hold or execute the said Office or any other Office whatsoever for the future.

XXIV. Further Regulations as to paying and disbanding the Forces by Paymaster.

Certificate by him to Exchequer of Monies paid, &c.

And bee it further enacted by the Authority aforesaid That the said Treasurer or Paymaster of the Land Forces shall in the first place pay off and discharge the Wages and Pay due to the Officers and Soldiers at the respective time of their disbanding and shall within twenty dayes after the disbanding of any Regiment Troope or Company or any number of Horse or Foote returne into the Receipt of His Majestyes Exchequer a Certificate fairely written in Parchment of the Money he paid and the numbers of men together with the dayes of their Muster whereby a due account may appeare thereof and out of the residue of the Money he sail pay and discharge what appeares due for Cloathes and other Necessaries and Charges relateing to the said Forces and shall in like manner returne Certificates of the same into the Exchequer.

XXV. No Stay of Prosecution admitted in any Suit for Recovery of Penalties.

Provided alsoe and bee it enacted That noe stay of prosecution upon any Command Warrant Motion Order or Direction by Non vult ulterius prosequi shall be had made admitted received or allowed by any Court whatsoever in any Suite or Proceeding by Action of Debt Bill Plaint or Information or otherwise for the recovery of all or any the Paines Forfeitures or Penalties upon any person or persons by this Act inflicted or therein mentioned or for or in order to the Conviction or Disability of any person offending against this Law

XXVI. Limitation of Prosecution.

Provided alwayes and bee it enacted That noe person to be prosecuted for any offence by diverting or misapplying any Moneys contrary to the intent and meaning of this Act shall be prosecuted thereupon by any Plaint Bill, Action, Suite or Information [unlesse such Bill Plaint Action Suite or Information (fn. 17) ] be exhibited and commenced within two yeares next after the offence committed.

XXVII. Soldiers disbanded deemed Inhabitants of Parish, &c. where last settled before Enrolment into the Service.

Provided alsoe That all such Soldiers as shall be disbanded by vertue of this present Act shall be deemed Inhabitants of such respective Towneshipps Parishes and Hambletts of which they were legally setled Inhabitants next before their Inrollment into his Majestyes Service Any Law to the contrary notwithstanding Soe as such Souldiers soe disbanded doe returne to their respective Habitations where they were last legally setled as aforesaid on or before the Twenty ninth of September next.

XXVIII. Apprentices, &c. disbanded, rendering themselves to their Masters, and Masters refusing to receive them, not to be sued, &c. on Indenture, &c.

And whereas severall persons who are Apprentices and Servants by Indenture or otherwise out of their Loyalty to their Soveraigne and for the good of their Country have taken up Arms and listed themselves in the Army or Forces which are now to be disbanded by reason thereof themselves or their Friends may be sued or molested upon their said Indentures Contracts or Covenants For remedy whereof Bee it enacted by the Authoritie aforesaid That if any of the said Persons or Souldiers who shall be disbanded by reason of this Act shall before the Nine and twentyeth of September next tender himselfe to his said Master to serve out his or their time and if the said Master shall neglect or refuse to take him or them againe into his service That then and in such case neither he nor they nor any of his or their Suretyes or Friends shall be sued or molested upon his or their Indenture or Indentures or upon any Bonds Contracts and Covenants for or by reason of his or their departing out of his or their said service.

XXIX. Recital that His Majesty has been at great Charge in fitting out a Navy, and Payment of Portion of Princess of Orange.

29 C. II. c. 2.; Twelve Months Assessment of Grant of £412,925. 14s. 6d.; How payable.

And whereas Your Majestie hath beene at an extraordinary charge in fitting out and prepareing a Royall Navy and provideing Ordnance for the same for the defence of this Your Majestyes Kingdome and alsoe that Your Majesty stands ingaged for the payment of the Marriage Portion of the most Excellent Lady Mary Princesse of Orange Your Majestyes Neece And whereas Wee Your said Majestyes obedient Subjects the Commons of England in Parlyament assembled are engaged unto Your Majestie for the repayment of the summe of Two hundred thousand pounds which Your Majestie hath beene pleased to raise upon the Creditt of a certaine Act passed in this present Parlyament in the Twenty ninth yeare of Your Majestyes Raigne entituled An Act for an additionall Excise upon Beere Ale and other Liquors Wee Your Majestyes most Loyall and Dutyfull Subjects the Commons of England in Parliament assembled have for the ends and purposes aforesaid further given and granted and doe hereby give and grant to Your most Excellent Majestie the Summe of fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings & six pence to be raised leavyed and paid unto Your Majestie as is hereafter directed and appointed And wee doe humbly beseech Your Majestie that it may be enacted and bee it enacted by the Kings most excellent Majestie by and with the Advice and Consent of the Lords Spirituall and Temporall and of the Commons in this present Parlyament assembled and by the Authority of the same That the Summe of Fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings and six pence shall be raised levyed and paid unto Your Majestie within the space of twelve Moneths in manner following (That is to say) The Summe of Thirty fower thousand fower hundred and ten pounds nine shillings six pence halfe penny by the Moneth for twelve Months begining from the Fower and twentyeth day of February which shall be in this present Yeare of Our Lord One thousand six hundred seaventy and eight by fower quarterly Payments in the severall Countyes Cittyes Burroughs Townes and Places within England and Wales and the Towne of Berwicke upon Tweede according to the severall Rates and Proportions and in such manner as is hereafter expressed (That is to say) For every Moneth of the said twelve Moneths

For the County of Bedford the summe of Fower hundred forty eight pounds eight shillings ten pence halfe peny

For the County of Berks the summe of five hundred sixty six pounds three shillings three pence halfe peny

The County of Bucks the summe of six hundred fifty seaven pounds thirteene shillings two pence halfe peny.

The County of Cambridge the summe of five hundred and ten pounds

The Isle of Ely the summe of One hundred seaventy fower pounds eighteene shillings and eleaven pence halfe peny

The County of Chester the summe of three hundred seaventy three pounds eighteene shillings and seaven pence

The Citty and County of the City of Chester the summe of Twenty six pounds fowerteene shillings and two pence

The County of Cornwall the summe of seaven hundred and seaventy pounds nine shillings one penny halfe penny.

The County of Cumberland the summe of eighty fower pounds three shillings one halfe peny

The County of Derby the summe of fower hundred thirty one pounds fower shillings and two pence

The County of Devon the summe of One thousand six hundred and fowerteene pounds nineteene shillings and seaven pence

The City and County of the City of Exon the summe of fifty eight pounds three shillings and eight pence

The County of Dorset the summe of six hundred seaventy two pounds five shillings two pence halfe peny

The Towne and County of Poole the summe of five pounds nine shillings and ten pence

The County of Durham the summe of One hundred sixty one pounds eighteene shillings fower pence halfe peny

The County of Yorke with the City and County of the City of Yorke and Towne and County of Kingston upon Hull the summe of One thousand seaven hundred thirty fower pounds twelve shillings and seaven pence

The County of Essex the summe of One thousand five hundred forty nine pounds fower shillings and five pence

The County of Gloucester the summe of nine hundred and fower pounds five shillings one penny halfe peny.

The City and County of the City of Gloucester the summe of nineteene pounds fowerteene shillings

The County of Hereford the summe of five hundred sixty five pounds sixteene shillings eight pence

The County of Hertford the summe of six hundred seaventy two pounds eighteene shillings one peny halfe peny.

The County of Huntingdon The summe of three hundred and sixteene pounds seaventeene shillings one peny.

The County of Kent with the City and County of the City of Canterbury the summe of One thousand six hundred sixty three pounds nine shillings and fower pence.

The County of Lancaster the summe of five hundred and three pounds six shillings and nine pence

The County of Leicester the summe of five hundred forty two pounds seaven shillings one peny halfe peny

The County of Lincolne with the City and County of the City of Lincolne the summe of One thousand two hundred eighty seaven pounds eleaven shillings

The City of London with the Liberty of Saint Martins Le Grand the summe of Two thousand one hundred forty five pounds fifteene shillings and eight pence

The County of Midlesex with the City and Liberty of Westminster the summe of One thousand five hundred and twenty pounds and five shillings.

The County of Monmouth the summe of One hundred ninety five pounds

The County of Northampton the summe of Seaven hundred and six pounds nineteene shillings one peny

The County of Nottingham with the Towne and County of ye [Towne of (fn. 19) ] Nottingham the summe of Fower hundred thirty six pounds fowerteene shillings

The County of Norffolk the summe of One thousand six hundred eighty five pounds six shillings

The City and County of the City of Norwich the summe of Ninety [pounds (fn. 19) ]

The County of Northumberland with the Towns of Newcastle and Barwicke upon Tweede the summe of One hundred eighty six pounds seaven shillings and ten pence

The County of Oxon the summe of Five hundred sixty seaven pounds fifteene shillings fower pence.

The County of Rutland the summe of One hundred and twenty pounds fower shillings five pence halfe penny

The County of Salop the summe of Six hundred and one pounds seaventeene shillings one peny

The County of Stafford the summe of Foure hundred twenty six pounds five shillings and ten pence

The City and County of the City of Litchfeild the summe of Six pounds ten shillings

The County of Somerset the summe of One thousand three hundred eighty five pounds fifteene shillings and fower pence

The City and County of the City of Bristoll the summe of Ninety nine pounds fowerteene shillings and two pence

The County of Southampton with the Towne and County of Southampton and Isle of Wight the summe of One thousand ninety fower pounds fourteene shillings and fower pence

The County of Suffolke the summe of One thousand six hundred forty nine pounds five shillings and fower pence

The County of Surrey with the Burrough of Southwarke the summe of Seaven hundred ninety eight pounds ten shillings and one peny

The County of Sussex the suu[m]me of Nine hundred and ten pounds thirteene shillings and ten pence halfe peny

The County of Warwicke with the City and County of the City of Coventry the summe of Five hundred ninety six pounds fower shillings fower pence halfe peny

The County of Worcester the summe of Five hundred twenty six pounds nineteene shillings six pence

The City and County of the City of Worcester the summe of Twenty seaven pounds fowerteene shillings and nine pence

The County of Wilts the summe of Nine hundred eighty three pounds eight shillings nine pence halfe peny

The County of Westmorland the summe of Fifty eight pounds

The County of Anglesey the summe of sixty two pounds sixteene shillings and ten pence

The County of Brecknocke the summe of One hundred forty one pounds five shillings two pence three farthings

The County of Cardigan the summe of Fifty two pounds seaventeene shillings ten pence three farthings

The County of Carmarthen the summe of One hundred thirty six pounds three shillings and fower pence

The County of Carnarvan the summe of Seaventy three pounds six shillings one peny.

The County of Denbigh the summe of One hundred eleaven pounds fifteene shillings three pence halfe peny.

The County of Flint the summe of Fifty nine pounds eight shillings eight pence

The County of Glamorgan the summe of One hundred eighty nine pounds eight shillings and eleaven pence

The County of Merioneth the summe of fifty pounds eight shillings and one halfe peny

The County of Montgomery the summe of One hundred and thirty eight pounds six shillings and one penny

The County of Pembrooke the summe of One hundred sixty three pounds five shillings

The County of Radnor the summe of Eighty seaven pounds three shillings and fower pence

The Towne and County of Haverford West the summe of Seaven pounds eleaven shillings eight pence halfe peny.

XXX. Appointment of Commissioners.

And bee it enacted by the Authority aforesaid That for the better ordering and levying of the said Twelve Moneths Assessment soe as aforesaid limitted and appointed to be paid That all and every the persons appointed for the assessing and raising the said Two hundred and six thousand fower hundred sixty two pounds seaventeen shillings and three pence shall be Commissioners for assessing and raiseing the said Fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings and six pence within all and every the severall and respective Countyes Cities Burroughs Townes and Places as is herein before mentioned.

XXXI. Commissioners to meet together on or before 23d Day of March; and may divide themselves.

And bee it further enacted and declared That the severall Commissioners aforesaid shall meete together at the most usuall and common Place of meeting within each of the said Countyes Cityes Burroughs Townes and Places respectively on or before the Three and twentyeth day of March next And the said Commissioners or soe many of them as shall be present at the said first Generall Meeting or the major part of them are hereby authorized and required to put this present Act in Execution according to the best of their Judgements and Discretions and shall then if they see cause subdivide and distribute themselves into lesser numbers as two or more of the said Commissioners may be appointed for the service of each Hundred or other Division and as may best conduce to the carrying on of His Majestyes Service hereby required.

XXXII. To declare what Number shall act in each Division.

And for the more effectuall [performing (fn. 20) ] thereof bee it enacted and declared That the Commissioners at their aforesaid first Generall Meeting or the major part of them shall agree and sett downe in writeing who [or (fn. 21) ] what number of the said Commissioners shall act in each of the said Divisions or Hundreds and shall deliver a true Copy of such writeing to the Receiver Generall to the end that there be noe failer in any part of the due execution of the service by this Act required.

XXXIII. Receiver General to give to Commissioners Receipts for Payments made.

And bee it further enacted by the Authoritie aforesaid That every Receiver Generall from time to time within the space of one Moneth next after he shall have received the full summe that shall be charged upon any Hundred or Division for each particular payment that is to be made to such Receiver Generall by vertue of this Act shall give to the Commissioners that shall act in such Hundred or Division a Receipt under his hand and seale acknowledgeing his Receipt of the full summe charged upon such Hundred or Division for such particular payment which Receipt shall be a full discharge of such Hundred or Division for such particular payment both against His Majestie His Heires and Successors

XXXIV. Two Commissioners may cause Proprtions charged on Divisions to be taxed, and appoint Assessors.

The Duty of Assessors.

And bee it further enacted and declared by the Authoritie aforesaid That the Commissioners within the severall Divisions or Hundreds or any two or more of them are hereby authorized and required to cause the ( (fn. 22) ) severall proportions charged on the respective Divisions and on every Parish and Place therein for the said Twelve Moneths Assessment to be equally assessed and taxed and to appoint two or more Assessors in each Parish or Place for the perfecting there of who are hereby required with all care and diligence to assesse the same equally by a Pound rate upon all Lands Tenements Hereditaments Annuities Rents Parks Warrens Goods Chattells Stocke Merchandices Offices (other then Military Offices and Offices relateing to the Navy under the Command of the Lord High Admirall and Offices within His Majestyes Household) Tolls Proffitts and all other Estates both Reall and Personall within the limitts circuits and bounds of their respective Parishes and Places.

XXXV. First Payment to Receiver General on 24th May 1678.

Second Payment on 24th August 1679.; Third Payment on 24th Nov. 1679.; Fourth and last Payment on 24th Feb. 1679.

And bee it further enacted by the Authoritie aforesaid That the summe of One hundred and three thousand two hundred thirty one pounds eight shillings seaven pence halfe penny being the first of the said fower Quarterly payments hereby imposed shall be assessed collected levyed and paid unto the Receiver Generall of the said severall Countyes who shall be appointed by his Majestie on or before the Fower and twentyeth day, of May One thousand six hundred seaventy eight, And the summe of one hundred and three thousand two hundred thirty one pounds eight shillings seaven pence halfe peny being the second of the said Fower Quarterly payments on or before the Fower and twentyeth day of August One thousand six hundred seaventy nine. And the summe of One hundred and three thousand two hundred thirty one pounds eight shillings seaven pence halfe peny being the Third of the said Fower Quarterly payments on or before the fower and twentyeth day of November One thousand six hundred seaventy nine. And the summe of One hundred and three thousand two hundred thirty one pounds eight shillings seaven pence halfe penny being the Fowerth and last of the said Fower Quarterly payments on or before the Fower and twentyeth day of February One thousand six hundred seaventy nine.

XXXVI. Assessors to deliver a Copy of Assessment subscribed by them to Commissioners, who are to sign and seal Two Duplicates, thereof, and deliver one to Collectors.

Commissioners to deliver a Schedule of Sums assessed to Receiver General to be transmitted to the Exchequer.

And for the compleating of the whole summe charged upon the same and to the end the aforesaid summes makeing together Fower hundred twelve thousand nine hundred twenty five pounds fower teen shillings and six pence charged upon the severall and respective Countyes Cityes Burroughs Townes and Places may be equally and indifferently assessed according to the true intent of this Act and the Money duely collected and true account thereof made the said Assessors are hereby required to deliver one Copy of their respective Assesments fairely written and subscribed by them unto the said Coo[m]miss[ion]ers and the said Commissioners or any two or more of them are hereby ordered and required to signe and seale two Duplicates of the said Assesments, and the one of them to deliver or cause to be delivered to one or more honest and responsable person or persons to be Collector or Collectors which the said Commissioners are hereby authorized to nominate and appoint for each Parish or Place with Warrant to the said Collector or Collectors to collect the said Assesment payable as aforesaid soe as the said severall summes may be paid into the [said (fn. 23) ] Receivers Generall at the respective times aforesaid. And the said Commissioners are hereby required to deliver or cause to be delivered a Schedule or Note containing the particular summes assessed upon each Parish or Place to the Receiver Generall of each County City Burrough Towne or Place respectively to be by him the said Receiver Generall transmitted into the Kings Remembrancers Office in the Exchequer which the said Receiver Generall is required to performe accordingly.

XXXVII. Collectors to pay Money received by them to Receiver General, who is to give Notice to Commissioners.

Receipt of Receiver General a Discharge.

And bee it further enacted and declared by the Authoritie aforesaid That the Money received by the said Collectors within the respective Divisions or Hundreds shall from time to time be duely paid to the Receiver Generall or to his Deputy or Deputyes to be appointed under his hand and seale whereof notice under the hand and seale of the Receiver Generall shall be given unto the Commissioners or any two of them within the respective Divisions or Hundreds within ten dayes after the first Generall Meeting and soe from time to time within ten dayes after every death or removeall of any Deputy if any such shall happen And the Receipt of such Receiver Generall his Deputy or Deputyes or any of them shall be a sufficient discharge unto every such Collector

XXXVIII. Particular Collectors to pay in Money received by them to Receiver General.

Not obliged to travel more than 10 Miles to pay Money.; Salary to Receiver General.

And bee it further enacted and declared That the particular Collectors are hereby required to pay in all and every the Summes soe received by them unto the said Receivers Generall aforesaid or their Deputy or Deputyes for payment whereof the said Collectors shall not be obliged to travell above Ten miles from the Places of their Habitations which said Receivers Generall are hereby required forthwith to transmitt or cause to be paid the moneys by them received into the Receipt of His Majestyes Exchequer and the said Lord Treasurer is hereby authorized to allow the said Receiver Generall of each County City and Towne respectively in case he hath returned up as aforesaid a Duplicate of the Assesment of each Parish or Place in the County City or Towne for which he is appointed Receiver Generall a Salary for his Paines not exceeding Two pence in the pound upon the clearing of his Account which Duplicate soe to be returned into the Kings Remembrancers Office in the Exchequer is intended to containe noe more then the Summes in Grosse to be collected by each Collector and the severall Names of the said Collectors.

XXXIX. Allowance to Collectors.

Allowance to Clerk of Commissioners.

And it is hereby further enacted and declared That the Collectors of each Parish or Place which shall be appointed [Collectors (fn. 24) ] by vertue of this Act shall upon Collection of the whole Summe appointed to be collected by them and payment thereof as is hereby before appointed have and receive for their paines in collecting and paying the Moneys Fower pence in the pound which the said Collectors are impowered to detaine out of the last payment of the Money of their severall and respective Fower Quarterly Payments And the said Receiver Generall upon the Receipt of the whole Assessment of the County City or Towne for which he is appointed Receiver Generall in case he hath received the severall Duplicates of each Parish or Place therein and not otherwise shall allow and pay according to such Warrant as shall be in that behalfe given by the said Commissioners or any three of them One penny in the Pound for the Commissioners Clerks for their paines in faire writeing the Assesments Duplicates and Copyes.

XL. Persons charged refusing, &c. to pay; Distress.

Collectors may break open Doors, Chest, &c.; calling in Constables, &c. who are to aid Collectors.

And bee it further enacted and declared That if any person shall refuse or neglect to pay any Summe of Money whereat he shall be rated and assessed that then it shall and may be lawfull to and for the said Collectors or any of them who are hereby authorized and required thereto to levy the Summe assessed by distresse and sale of the Goods of such person soe refuseing or neglecting to, pay deducting the Summe assessed and reasonable charges of destraining and restoreing the overplus to the Owner thereof and to breake open in the day time any House and upon Warrant under the Hands and Seales of two or more of the said Commissioners any Chest Trunke Box or other things where any such Goods are and to call to their assistance the Constables Tythingmen and Headburroughs within the Countyes Cityes Townes and Places where any refusall neglect or resistance shall be made which said Officers are hereby required to be aiding and assisting in the Premisses as they will answere the contrary at their perils.

XLI. Queftions upon Distress determined by Commissioners.

And if any question or difference happen upon takeing of such distresses upon the partyes distressed or destrained the same shall be ended and determined by the said Commissioners or any two or more of them.

XLII. Persons conveying away Goods, &c.

Commissioners may imprison,; except Peers.; Tenants may pay Rate, and deduct.;Landlords to allow Deduction.

And if any person or persons shall neglect or refuse to pay his or their Assessment or convey his or their Goods or other personall Estate whereby the Summes of Money soe assessed cannot be levyed according to this Act Then the respective Commissioners or any two or more of them are hereby authorized to imprison the person (except a Peere or Peeres of this Realme) and him and them in Prison to detaine and keepe untill the Moneys soe assessed and the Charges for the bringing in the same be paid and satisfyed and noe longer And the severall and respective Tenant or Tenants of all Houses and Lands which shall be rated by vertue of this Act are hereby [authorized and required (fn. 24) ] to pay such Summe or Summes of Money as shall be rated upon such Houses or Lands and to deduct out of the Rent soe much of the said Rates as in respect of the said Rents of every such House and Lands the Landlord should and ought to pay and beare and the said Landlords both mediate and immediate according to their respective Interests are hereby required to allow such deductions and payments upon the Receipt of the residue of their Rents.

XLIII. Tenant paying, acquitted to amount of Payment.

And it is enacted and declared That every Tenant paying the said Assessment shall be acquitted and discharged for soe much Money as the said Assessment shall amount unto as if the same had beene actually paid unto such person or persons to whome his Rents should have beene due and payable.

XLIV. If Difference between Landlord and Tenant as to Rate, Commissioners may settle the same.

If over Rate, appeal to Commissioners.

And if any differences shall arise betweene Landlord and Tenant or any other concerning. the said Rates the said severall Commissioners or any two or more of them in their severall Divisions shall and have hereby power to setle the same as they shall thinke fitt And if any person or persons shall finde him or themselves agreived in that the Assessors have overrated him or them and shall in six dayes after demand made of the Summe of Money assessed on him or them complaine to two or more Commissioners whereof one of the Commissioners who signed or allowed his or their Assesments to be one the said Commissioners or any two or more of them shall have and have hereby power within twelve dayes after the demand of the Assessment as aforesaid to relieve such person or persons and to charge the same on such other person or persons as they shall see cause

XLV. In case Proportions of Rate are not fully assessed, or assessed upon Persons not of Ability;

or upon Empty House, &c.; or if Assessments not paid to Receiver General; Commissioners, Assessors, &c. are to assess or reassess.; Such new Assessment to be made, &c. as the former Assessment.

And in case the proportion sett by this Act upon all and every the respective Countyes Cities Townes and Places shall not be fully assessed levyed and paid according to the true meaneing hereof or that if any of the said Assessments shall be rated and imposed upon any person not being of ability to pay the same or upon any empty or void House or Land where the same cannot be collected or levyed or that through any wilfulnes negligence mistake or accident the said Assessment charged on each County City Towne or Place by vertue of this Act happens not to be paid to the Receiver Generall his Deputy or Deputyes of the respective Countyes as in this Act is directed That then in all and every such Cases the severall and respective Commissioners Assessors and Collectors aforesaid and every of them respectively are hereby authorized and required to assesse or reassesse or cause to be assessed or reassessed levyed and paid all and every such summe and summes of Money upon the respective Countyes Cityes Townes and Places or upon any the Divisions Hundreds and Parishes therein as to the said Commissioners or such number of them as by this Act are authorized to cause the first Assessment hereby required to be made shall seeme most agreeable to Equity and Justice the said new Assessment to be made collected and paid in such manner and by such meanes as in this Act for this Assessment is declared and directed

XLVI. Persons not executing Act, Commissioners may fine not exceeding £20, for One Offence to be levied by Distress;

and paid to Receiver General, and by him into the Exchequer.

And bee it further declared and enacted by the Authoritie aforesaid That if any person or persons shall wilfully neglect or refuse to performe his or their duty in the due and speedy execution of this present Act the said respective Commissioners or any three or more of them have hereby power to impose on such person or persons soe refuseing or neglecting their dutyes such Fine or Fines as by them shall be thought fitt and to cause the same to be levyed by distresse and sale of his and their Goods. Provided That noe Fine to be imposed by any of the said Commissioners shall for any one offence exceede the summe of Twenty pounds and that all Fines that shall be imposed by vertue of this Act shall be paid to the respective Receivers Generall and by them to the Receipt of His Majestyes Exchequer.

XLVIL. Collector neglecting to pay, or detaining Monies;

Proceedings by Commissioners; Commissioners so proceeding, to appoint a General Meeting of Commissioners; Notice thereof.; Collectors not paying; Proceedings by Commissioners, or such General Meeting.

And it is further enacted and declared That if any Collector that shall by vertue of this Act be appointed for the receipt of any summe or summes of Money thereby to be assessed neglect or refuse to pay any summe or summes of Money which shall by him be received as aforesaid and to pay the same as in and by this Act is directed & shall [detaine in his or their Hands any Money received by them or any of them & not pay the same as by this Act is directed (fn. 25) ] the Commissioners of each County City ( (fn. 26) ) Towne respectively or any two or more of them in their respective Divisions are hereby authorized and impowered to imprison the person and seize and secure the Estate both Reall and Personall of such Collector to him belonging or which shall descend or come into the Hands or possession of his Heires Executors or Administrators where ever the same can be discovered and found And the said Commissioners who shall soe seize and secure the Estate of any Collector or Collectors shall be and are hereby impowered to appoint a time for the Generall Meeting of the Commissioners for such County City Towne or Place and there to cause publique notice to be given at the place where such Meeting shall be appointed ten dayes at least before such Generall Meeting and the Commissioners present at such Generall Meeting or the major part of them in case the Moneys detained by any Collector or Collectors be not paid or satisfyed as it ought to be according to the directions of this Act shall and are hereby impowered and required to sell and dispose of all such Estates which shall be for the cause aforesaid seized and secured or any part of them and satisfie and pay such County and Place the summe that shall be soe detained in the hands of such Collector or Collectors their Heires Executors and Administrators respectively.

XLVIII. At the Expiration of Times for quarterly Payments, Commissioners are to call Collectors before them, &c.

and in case of Failure, Commissioners to cause same to be levied and paid.

And it is hereby further enacted and declared That at the Expiration of the respective times in this Act prescribed for the full payment of the said Fower Quarterly Assessments the severall and respective Commissioners or any two of them within their Division and Hundred shall and are hereby required to call before them the Collectors within each respective Division and Hundred to examine and assure themselves of the full and whole payment of the particular summe and summes of Money charged upon the same Division Hundred and every Parish and Place therein and of the due returne of the same into the Hands of the Receivers Generall their Deputy or Deputyes of the said County City Towne and Place respectively and by such Receiver Generall into the Receipt of His Majestyes Exchequer to the end there may be noe failer ( (fn. 27) ) of any part of the Assessment by vertue of this Act to be assessed and paid nor any Arreares remaine chargeable upon the said Countyes Cityes Townes or Places respectively and in case of any failer in the Premisses the said Commissioners or any two of them are hereby to cause the same to be forthwith levyed and paid according to the true intent and meaning of this Act.

XLIX. On Questions in which Commissioners concerned, they have no Voice.

And it is hereby enacted and declared That in case any Controversie arise concerning the said Assessment or the divideing apportioning or payment thereof which concerns any the Commissioners by this Act appointed That the Commissioners soe concerned in the said Controversie shall have noe voice but shall withdraw at the time of the debate of any such Controversie untill it bee determined by the rest of the Commissioners

L. Privileged Places or Persons, &c. not exempt from Assessment.

Fee Farm and other Rents, Annuities, &c. liable.; Tenants to pay proportionably; indemnified from further Payment.

And bee it hereby enacted and declared That noe priviledged Place or Person Body Pollitique or Corporate within the Countyes Cityes and Townes aforesaid shall bee exempted from the said Assessments and Taxes and that they and every of them and alsoe all Fee Farme Rents and all other manner of Rents Payments Summes of Money Annuityes issueing out of any Lands within City or County shall be lyable towards the payment of every Summe by this Act to be taxed and levyed and all the Tenants of every Fee Farme Rent other Rent Summes of Money or Annuityes aforesaid are hereby directed and authorized to pay them proportionably according to the Rates and Assessments by this Act directed and appointed and all such Tenants shall be hereby saved and kept harmelesse by authoritie of this Act from any further payment of such Portion of any such Rent Rents Summes or Annuityes either to the Exchequer or to any other person or persons to whome any such Rent Rents Summes of Money or Annuityes as aforesaid should or ought to be paid to all intents and purposes whatsoever as fully and amply as if they had paid the same into the Exchequer or to any person or persons to whome the same is reserved or become due.

LI. Proviso for the Colleges in the Two Universities, the Colleges of Windsor, Eton, Winchester, and Westminster, and for Hospitals, in respect of the Scitea of Colleges, &c.

Provided That nothing contained in this Act be extended to charge any Colledge or Hall in either of the two Universities or of the Colledges of Windsor Eaton Winton or Westminster or any Hospitall for or in respect of the Scites of [any (fn. 28) ] the said Colledges Halls or Hospitalls nor any Master Fellow or Scholler of any such Colledge or Hall or in any other Free Schools or any Reader Officer or Minister of the said Universityes Colledges or Schools or of any Hospitalls or Almeshouses for or in respect of any Stipend Wages or Proffitts whatsoever ariseing or growing due to them, in respect of their said severall Places and Imployments in the said Universities Colledges Schools Hospitalls or Almeshouses nor to charge any of the Houses or Lands belonging to Christs Hospitall Saint Bartholimews Bridewell Saint Thomas and Bethlehem Hospitall in the City of London and Burrough of Southwarke or any of them for or in respect of any Rents or Revenews, payable to the said Hospitalls being to be received and disbursed for the immediate use and reliefe of the poore in the said, Hospitalls.

LII. Houses held by Lease from Hospitals to be rated at their yearly Value.

Provided That noe Tennants that hold and enjoy any Lands or Houses by Lease or other Grant from any of the said Hospitalls doe claime and enjoy any freedome exemption or advantage by this Act but that all the Houses and Lands which they soe hold shall be rated and assessed for soe much as they are yearely worth over and above the Rents reserved and payable to the said Hospitalls,

LIII. Person having a House in one Parish, &c. and Goods in another, to be charged for such Goods, &c. where he dwells.

Provided alsoe That where any person inhabiting within the City of London hath his Dwelling House in one of the Parishes or Wards therein and hath any Goods Wares or Merchandices in one [or more (fn. 29) ] of the other Parishes or Wards within the same That then such person shall be charged taxed and assessed for such his Goods or Merchandices in the Parishes or Ward where he dwelleth and not elsewhere within the said City.

LIV. No Clause in this Act; to extend to lessen the Rate.

Provided neverthelesse That noe Clause or Provisoe in this Act shall extend to the lessening or abatement of the full Summe by this Act; appointed to be taxed levyed collect;ed and paid but that the same be fully assessed taxed [collected levyed (fn. 30) ] and paid in the severall and respective Countyes Cityes and Townes aforesaid in such manner and forme and to such uses as herein before is mentioned and declared

LV. Proceedings in case the assessing by Pound Rate be found to obstruct the speedy bringing in of the Assessment.

Provided alwayes and bee it hereby enacted and declared That in case the way or manner of assessing by a Pound Rate shall prove any waves prejudiciall or obstructive to the said speedy bringing in of the Assessment or any part thereof appointed by this Act That then and in all such cases the respective Commissioners or any two or more of them are hereby authorized to order and direct their respective Assessors who are hereby required to proceede accordingly to assesse the respective Summes charged on the respective Countyes Cityes and Burroughs Towns and Places mentioned in this Act according to the most just and usuall Rates held and practiced in such Countyes Cityes Burroughs Townes and Places respectively Any thing in this Act to the contrary thereof contained in any wise notwithstanding.

LVI. Proviso for Contract between Landlords and Tenants.

Provided alwayes That nothing in this Act contained shall be construed to alter change determine or make void any Contracts Covenants or Agreements whatsoever betweene the Landlord and Tenant touching the payment of Taxes and Assessments Any thing herein before mentioned to the contrary notwithstanding

LVII. Places used to be assessed, to be assessed and pay in such Counties, &c. as heretofore.

Provided alwayes and bee it further enacted and declared by the Authority aforesaid That for the avoiding of all obstructions and delayes in collecting the summes by this Act to be rated and assessed all Places Constablewicks Divisions and Allotments which have used to be rated and assessed shall pay and be assessed in such County Hundred Rape or Wapentake as the same have heretofore beene usually assessed in and not elsewhere.

LVIII. Action brought touching Execution of this Act;

General Issue; Treble Costs.

And bee it further enacted by the authority aforesaid That if any Action Plaint Suite or Information shall be Commenced or prosecuted against any person or persons for what he or they shall doe in pursuance or in execution of this Act for or concerning the assessing collecting levying and raising the said summe of Fower hundred twelve thousand nine hundred twenty five pounds fowerteene shillings and six pence such person or persons soe sued in any Court whatsoever shall and may pleade the Generall Issue (Not guilty) and upon any Issue joyned may give this Act and the speciall matter in evidence and if the Plaintiffe or Prosecutor shall become Nonsuite or forbeare further Prosecution or suffer a Discontinuance or if a Verdict passe against him the Defendants shall recover their treble Costs for which they shall have the like remedy as in any case where Costs by the Law are given to Defendants.

LIX. Proviso for a Decree in Chancery respecting Lands in Sheriff Hales, &c.

Provided alwayes That nothing in this Act shall [be construed to extend or (fn. 31) ] invalidate a Decree lately made in the High Court of Chauncery for the quieting of Suites betweene the Countyes of Salop and Stafford and for the setleing all future payments to be imposed on certaine Lands in Sheriffe Hales within the County of Salop and for exempting the said Lands from paying hereafter with the County of Stafford but that the said Decree shall remaine in such (and noe other) force as it did before the makeing of this Act Any thing herein to the contrary notwithstanding.

LX. Receivers General and their Deputies to give Acquittances to Collectors without Fee.

Such Acquittances to be a Discharge.

Provided alwayes and bee it enacted by the Authority aforesaid That the severall Receivers Generall which shall be appointed according to this Act their Deputy or Deputyes shall from time to time at every payment appointed thereby give unto the severall Collectors within their respective Precincts upon the payment of the whole summe due at such times of payment from their respective Parishes Constablewicks or Places within each of their Collections severall Acquittances under their hands without takeing any thing for the same and that in like manner at every time of payment appointed by this Act the Receiver Generall of each County his Deputy or Deputyes shall give unto the severall Collectors aforesaid upon the payment of the whole summe or any part thereof due for their Parish or Place respectively at each time of Payment aforesaid severall Acquittances under their hands and seales without takeing any thing for the same which said Acquittance of the Receiver Generall his Deputy or Deputyes shall be a [sufficient (fn. 32) ] Discharge to the Collectors [& the said Acquittances of the Receiver Generall his Deputy or Deputyes shall be a sufficient Discharge to the Collectors (fn. 29) ] and to such Parish and Place respectively and to every person charged within the said Collectors Charge against His Majestie His Heires and Successors for the summe [and (fn. 34) ] summes of Money soe acquitted.

LXI. Where Lands, &c. unoccupied, and no Distress found, Collectors, Constables, &c. of Parish obliged to pay may enter and distrain;

Proceedings thereon.

Provided alwayes and bee it further enacted That in case any Lands or Houses in any Parish or Place or Constablewick shall be unoccupyed and noe Distresses can be found on the same by reason whereof the said Parish Place or Constablewicke are forced to pay and make good the Taxe assessed upon the said Land lyeing unoccupyed that then it shall and may be lawfull at any time after for the Collectors Constables or Tythingmen of the said Parish Place or Constablewicke for the time being to enter and destraine upon the said Lands or Houses when there shall be any Distresse thereupon to be found and the Distresse and Distresses being the proper Goods of the owner or any claimeing any Estate Interest or Proffitt under him if not redeemed within fower dayes by payment of the Taxe and charge, of the Distresse to sell rendering the overplus to the owner or owners of such Distresse and the said Collector Constable or Tythingman is hereby enjoyned to distribute the Money raised by the said Distresse or sale thereof proportionably to the partyes who contributed to the Tax of the said unoccupyed Lands.

LXII. Where Wood-lands assessed, and no Distress had, Collectors, &c. may enter and cut Wood, &c. growing;

Buyers of such Wood may sell the same, rendering Overplus to Owner.

Provided alwayes and bee it enacted That where any Woodlands shall be assessed and noe Distresse can be had That in such case it shall and may be lawfull ( (fn. 35) ) for any Constable Collector Headburrough or Tythingman by Warrant under the hands and seales of two or more of the Commissioners of that Hundred or Division at seasonable times of the yeare to cutt and sell to any person or persons soe much of the Wood growing on the Woodlands soe assessed as will pay the Assessment or Assessments to be behinde and unpaid and the Charge incident therunto And that it shall and may be lawfull for the person and persons and his and their Assignes to whome such Woods shall be sold to sell cutt downe dispose and carry away the same to his owne use rendering the Overplus (if any be) to the Owner Any [thing (fn. 36) ] to the contrary notwithstanding.

LXIII. Proceedings where Assessment charged on Property not ; distrainable.

Provided alwayes and bee it further enacted That where, any Tax or Assessment shall be ( (fn. 37) ) laid upon any Tythes Tolls Proffitts of Markets Faires or Fishery or other Annuall Proffitts not distrainable in case the same shall not be paid within Fifteene dayes after such Assessment soe charged or laid and demanded then it shall and may be lawfull to and for the Collector Constable or other Officer thereunto appointed by Warrant under the hands and seales of any two or more of the Commissioners authorized by this Act to seize take and sell soe much of the said Tythes Tolls and other Proffitts soe charged as shall be sufficient for the levying of the said Taxe and Assessments and all Charges occasioned by such non payment thereof rendering the overplus to the Owner (if any be)

LXIV. Commissioners for Middlessex may appoint Assessors to rate Offices,

who are to deliver Surveys to Commissioners; to the end that an equal Pound Rate may be apportioned.

And whereas the County of Midlesex and City of Westminster are raised in the Monethly Assesments by reason of the new Buildings lately erected and that Offices are made chargeable towards the payment of such Assessments to the end that an equall Rate may be made and imposed upon the sever all Divisions Parishes and Hambletts within the said County and City Bee it enacted by this present Parlyament and the Authoritie thereof That the said Commissioners appointed for the said County and City of Westminster or any Three of them shall (if they shall thinke fitt) cause two or three of the honest and able Inhabitants in the severall and respective Parishes Towneshipps and Places within the said County and City to be named and appointed Assessors who (or any two of them) are to ascertaine and rate the yearely value and proffitts of all Offices belonging to the Courts at Westminster and other Offices chargeable by this Act towards the payment of the said summe sett upon the said County, and City and all Towneships Parishes and Places for which they are appointed Assessors and to returne the same to the said Commissioners or to such persons as shall be appointed to receive the same which said Assessors are to deliver in their severall Surveys perfected and subscribed by them unto the said Commissioners or unto such person or persons as shall be appointed by them or any three or more of them to receive the same two or three dayes at least before the second Generall Meeting of the said Commissioners to the end that the said Commissioners may deliver in all the severall Surveys to be made throughout the said County at the said second Generall Meeting at which said Generall Meeting the said Commissioners or the major part of them [then (fn. 38) ] present shall upon view and perusall of the said severall Surveyes cast up the true Revenue and yearely Proffitts of the whole County City and Offices aforesaid to the end that an equall Pound Rate may be apportioned upon every Office chargeable by this Act Division Hundred Towneshipp and Parish according to the proportion and summe of Money charged upon the said County and City by vertue of this present Act which the said Commissioners or the major part of them then and there assembled are by vertue of this Act authorized and appointed to proportion and make accordingly.

LXV. Proviso for Peers, Clergy, Cinque Ports, &c.

Provided alwayes That nothing herein contained shall be drawne into example to the prejudice of the auntient Rights belonging to the Lords Spirituall and Temporall or Clergy of this Realme or unto either of the Universityes or unto any Colledges Schools Alms-houses Hospitalls or Cinque Ports.

LXVI. Receiver General certifying Arrears due where Monies have been received;

Penalty to Party; Penalty to His Majesty.

And for the better preventing of such unjust vexations as might be occasioned by such persons as shall be appointed Receivers Generall of any of the summes of money granted by this Act and to the intent that the said Receivers Generall may returne a true account into his Majestyes Court of Exchequer of such summes of Money as shall be received by them and every of them their and every of their Deputy and Deputyes Bee it further enacted by the Authoritie aforesaid That if any such Receiver Generall shall returne or certifie into the said Court any summe or summes of Money to be in arreare or unpaid after the same have beene received either by such Receiver Generall or by his Deputy or Deputyes or any of them or shall cause any person or persons to be sett insuper in the said Court for any Summe or Summes of Money that hath beene soe received That then every such Receiver Generall shall forfeite to every person and persons that shall be molested vexed or damaged by reason of such unjust Certificate Returne or setting insuper treble the damages that shall be thereby occasioned the said damages to be recovered by Action of Debt Bill Plaint or Information in which noe Essoigne Protection or Wager of Law shall be allowed nor any more then one Imparlance and shall alsoe forfeite to His Majestie His Heires and Successors double the Summe that shall be soe unjustly certifyed or returned or caused to be sett insuper.

LXVII. Quarterly Payments to be made to Receivers General, and by them into Exchequer, within 20 Days after the Times before mentioned.

And bee it further enacted, by the Authority aforesaid That the said Fower Quarterly Payments of Thirty fower thousand fower hundred and ten pounds nine shillings six pence halfe peny per mensem amounting in each Quarter to the Summe of One hundred and three thousand two hundred thirty one pounds eight shillings seaven pence halfe peny shall be assessed collected levyed and paid to the Receiver Generall of the severall Countyes that shall be appointed by the times mentioned and expressed in this Act and shall be paid by the said Receivers Generall into His Majesties Receipt of Exchequer within twenty dayes after the times mentioned and expressed in this Act.

LXVIII. Collector unduly keeping Money in Hand, or paying to Persons other than Receiver General, &c.

Penalty £5.; Receiver General or Deputy paying to any other than Exchequer; or paying otherwise so as to hinder Payment into Exchequer; Penalty on Receiver General, £500.

And it is hereby further enacted and declared That if any Collector of any Parish or Place shall keepe in his hand any part of the Money by him collected for any longer time then is by this Act directed other then the Allowance made unto him, by this Act or shall pay any part thereof to any person or persons other then the Receivers Generall of such County or place or his Deputy That every such Collector shall forfeite for every such offence the summe of Five pounds and in case any Receiver Generall or his Deputy shall pay any part of the Moneys paid to him or them by any Collectors by vertue of this Act to any person or persons ( (fn. 39) ) other then into the Receipt of His Majestyes Exchequer and that at or within the respective times limitted within this Act or in case such Receiver Generall or his Deputy shall pay any part of the said Moneys by any Warrant of the Lord Treasurer Under Treasurer or either of them or Commissioners of the Treasury for the time or by any Tally of Pro or Talley of Anticipation or other way or device whatsoever whereby to divert or hinder the actuall payment thereof into the Receipt of the Exchequer as aforesaid That such Receiver Generall shall for every such offence of himselfe or his Deputy forfeite the summe of Five hundred pounds to him or them that shall sue for the same in any Court of Record by Bill Plaint or other Information wherein noe Essoigne Protection or Wager of Law is to be allowed.

LXIX. Treasury not to direct Warrant to Collectors, &c. for Payment other than into Exchequer for to Officers of Exchequer for striking of Tallies of Pro, &c.

Officer not to strike, &c. any such Tally, &c.

And bee it further enacted by the Authoritie aforesaid That the Lord Treasurer and Under Treasurer or Commissioners of the Treasury for the time being or any of them doe not direct any Warrant to any of the said Collectors or Receivers Generall or their Deputyes for the payment of any part of these Moneys to any persons or persons other then into the Receipt of the Exchequer as aforesaid Nor shall they or any of them direct any Warrant to the Officers of the Exchequer for the strikeing of any Talley of Pro or Talley of Anticipation nor doe any other matter or thing whereby to divert the actuall payment of the said Moneys into the Receipt of the Exchequer nor shall the Officers of the Exchequer strike or direct or record the strikeing of any Talley of Pro or Talley of Anticipation upon any of the said Moneys upon any account or Warrant whatsoever nor shall the Teller throw downe a Bill whereby to charge himselfe with any of the said Moneys until he shall have actually received the same

LXX. Persons lending Money to have Tally of Loan, and Order for Repayment with Interest at £7. per Cent, per Ann. Payable every Three Months.

And bee it further enacted and ordained by the Authority aforesaid That all and every person and persons who shall lend any Moneys not exceeding the summe of Two hundred thousand pound to His Majestie upon the Credit of the Fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings and six pence given by this Act and pay the same into the Exchequer shall immediately have a Talley of Loane strucke for the same and an Order for his repayment beareing the same date with his Talley in which Order shall be alsoe contained a Warrant for payment of Interest for forbearance after the Rate of Seaven pounds per Cen? per Annu[m] for his consideration to be paid every three moneths untill the repayment of his Principall.

LXXI. Books to be provided.

Officer of Exchequer to keep Accounts of the said Monies distinct.

And bee it further enacted That there shall be provided and kept in His Majestyes Exchequer (to witt) in the Office of the Writer of the Talleys and Counter Talleys at the Receipt of the Exchequer commonly called the Office of the Auditor of the Receipt one Booke or Register in which all Moneys that shall be paid into the Exchequer as aforesaid upon the said Fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings and six pence shall be entred and registred apart and distinct from all other Moneys paid or payable to His Majestie upon any other account whatsoever and that there be one other Booke or Registry provided and kept in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Under Treasurer or by the Commissioners of the Treasury for the time being for payment of all and every summe and summes of Money to all persons for Moneys lent upon the Creditt of ( (fn. 40) ) the said Fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings and six pence and alsoe of all other Orders to be made by the Lord Treasurer and Under Treasurer or either of them or by the Commissioners of the Treasury for the time being for payment of any of the said Moneys by His Majestyes direction and that alsoe there shall be the like Booke or Registry provided and kept by the said Writer of the Talleys or Auditor as aforesaid of all Moneys paid out or issued by vertue of such Orders and Warrants.

LXXII.

Orders for Repayment to be registered according to Date of Tally, and paid in course.

And that it shall be lawfull for any person or persons willing to lend any Money on the Credit of the said Fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings and six pence given by this Act and for any other person who is to have Orders registred thereupon at the usuall [time (fn. 41) ] when the Exchequer shall be open to have accesse into and view and peruse all and every or any of the said Bookes for their Information of the state of those Moneys and all ingagements upon them for their better encouragement to lend any Moneys as aforesaid and all Orders, for repayment of Moneys, lent shall be registred in course according to the Date of the Talleys respectively and that all other Orders for payments directed by His Majestie shall be registred in course according to the times of bringing the same to the Office of the Writer of the Talleys and none of the said Orders for Moneys shall have preference one before another but shall be entred in their course as they are in point of time respectively before each other

LXXIII. Persons having their Orders first entered to be paid first, and so successively.

And all and every person and persons shall be paid in course according as their Orders shall stand entred in the said Registers Booke of the Receipt soe as the person Native or [Forreigner (fn. 42) ] his or her Executors Administrators and Assignes who shall have his or her Warrant or Order Warrants or Orders first entred in the said Booke of Registry in the Exchequer as aforesaid shall be taken and accounted as the first person to bee paid upon the said Fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings, and six pence to come in by vertue of this Act and he she or they that shall have his her or their Warrants or Orders Warrant and Order next entred shall be taken and accounted the second person to be paid and soe successively and in course

LXXIV. Monies to come in by this Act liable to satisfy such Loans.

And that the Fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings and six pence to come in by this Act as aforesaid shall be in the same Order lyable to the satisfaction of the said respective Partyes their Executors Administrators or Assignes successively without preference of one before another and not otherwise and not to be divertible to any other use intent or purpose whatsoever

LXXV. No Fee for providing or making Books, &c. or for Payment of Money lent.

Penalty; Punishment.; Undue Preference by Officer; Penalty.; Undue Preference by Deputy; Penalty.

And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken by any of Your Majestyes Officers from any of Your Majestyes Subjects for provideing or makeing of any such Bookes Registers Entryes View Search or any other thing in for or concerning the payment of any Moneys lent or the Interest thereof as aforesaid or by any of their Clerks or Deputyes on paine of payment of treble damages to the party grieved by the party offending with Costs of Suite And if any Officer in his owne person shall take, or demand any such Fee or Reward every such Officer soe offending shall forfeite the Summe of Ten pounds for every such Offence. And if any undue preference of one before another shall be made in point of registring contrary to the true meaning of this Act by any such Officer or Officers Then the party offending shall be lyeable by Action of Debt or on the Case to pay the value of the Debt Damages and Costs to the party grieved and shall be forejudged from his Place or Office and if such preference be unduely made by any his Deputy or Clerke without direction or Privity of his Master Then such Deputy or Clerke onely shall be lyable to such Action Debt Damages and Costs and shall be for ever after uncapeable of his Place or Office

LXXVI. Auditor, Clerk of the Pells, or Teller not making Payments in due Order;

Penalty.; How all such Penalties to be recovered.

And in case the said Writer of the Talleys or Auditor as aforesaid shall not direct the Order or the Clerke, of the Pells record or the Teller thereunto required make payment according to each persons due place and order as aforedirected then he or they respectively shall be adjudged to forfeite his or their Place and Office And. the respective Deputyes and Clerks herein offending shall be lyeable to such Action, Debt, Damages and Costs in such manner as aforesaid All which said Penaltyes Forfeitures' Damages and Costs to be incurred by any of the Officers aforesaid or any their Deputyes or Clerks shall and may be recovered by Action of Debt Bill Plaint or Information in any of His Majestyes Courts of Record at Westminster wherein noe Essoigne Protection Priviledge Wager of Law Injunction Order or Restraint or stay of Prosecution by Non vult ulterius prosequi shall be in any wise granted or allowed

LXXVII. Proviso where several Tallies bear Date the same Day.

Provided alwayes and bee it hereby declared That if it shall happen that severall Orders for the payment of Loanes or for the payment of Orders directed by Your Majestie as aforesaid beare date and be brought the same day to the ( (fn. 43) ) Writer of the Talleys or Auditor of the Receipt to be registred Then it shall be interpreted noe undue preference which of those he enters first soe as he enters them all the same day

LXXVIII. Paying subsequent Orders, if first demanded, no undue Preference, if sufficient reserved to satisfy preceding Orders.

Provided alsoe That it shall not be interpretted any undue preference to incurr any penalty in point of payment if the said Writer of the Talleys or Auditor direct and the Clerke of the Pells record and the Teller doe. pay subsequent Orders of persons that come and demand their Money and bring their Orders before other persons that did not come to, demand their Money and bring their Orders in course soe as there be soe much Money reserved as will satisfie such Orders which shall not be otherwise disposed but kept for them Interest upon Loane being to cease from the time the Money is soe reserved and kept in Bank for them.

LXXIX. Orders for Payment of Money lent may be assigned by Indorsement.

Memorial thereof without Fee.; Assignee may in like manner assign.; Assignee not to release the same.

And bee it further enacted by the Authoritie aforesaid That every person or persons to whome any Money shall be due out of the Fower hundred and twelve thousand nine hundred twenty five pounds fowerteene shillings and six pence by vertue of this Act after Warrant or Orders entred in the Books of Register aforesaid for payment thereof his Executors Administrators or Assignes by Indorsement upon his Order or Warrant may assigne and transferr his Right Title Interest and Benefitt of such Warrant or Order or any part thereof to any other which being notified in the Office of the said Writer of [the (fn. 44) ] Talleys or Auditor of the Receipt aforesaid and an Entry and Memoriall thereof alsoe made in the Booke of Registry aforesaid for Warrauts which the Officer shall on request without Fee or Charge accordingly make shall entitle such Assignee his Executors Administrators and Assignes to the benefitt thereof and payment thereon and such Assignee may in like manner assigne againe and soe toties quoties and afterwards it shall not be in the power of such person or persons who have made such Assignements to make void release or discharge the same or any the Moneys thereby due or any part thereof.

Footnotes

1 obliterated, on the Roll.
2 Twenty fourth O.
3 and O.
4 Receiver O.
5 the O.
6 or O.
7 before O.
8 incapable O.
9 according O.
10 Clerkes O.
11 or O.
12 seaventy and O.
13 interlined on the Roll.
14 and O.
15 or O.
16 a O.
17 interlined on the Roll.
18 willfully O.
19 interlined on the Roll.
20 performance O.
21 and O.
22 said O.
23 interlined on the Roll.
24 O. omits.
25 required and authorized O.
26 interlined on the Roll.
27 or O.
28 in the payment O.
29 O. omits.
30 interlined on the Roll.
31 levyed collected O.
32 extend or be construed to O.
33 full and perfect O.
34 or O.
35 to and O.
36 Law O.
37 charged or O.
38 interlined on the Roll.
39 whatsoever O.
40 of O.
41 times O.
42 forreigne O.
43 said O.
44 O. omits.