Statutes of the Realm: Volume 5, 1628-80. Originally published by Great Britain Record Commission, s.l, 1819.
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Reasons for passing this Act
Wee Your Majestyes most dutyfull and Loyall Subjects the Commons assembled in Parlyament haveing observed the Wayes and Meanes by which Your Majestie hath beene enforced to ingage Yourselfe in a Warr against the States of the United Provinces for the necessary Defence of your owne Crowne and Dignitie and the Safetie and Welfaire of Your People Doe with all humble Thankfulnes acknowledge Your Majestyes Care and Conduct in this great Affaire, which, as it hath beene already attended with very considerable Successe soe we shall dayly pray that all Your Majesties Enterprizes may still be crowned with Honour and Victory And although the continuing [Insolencies (fn. 1) ] of Your Majestyes Enimies and the doubtfull Amity of some of Your Majesties Neighbours hath made it necessary to provide for further and greater Expences in a time when the generall Contagion hath much interrupted our Trade and Commerce Yet that Your Majestie may see that wee Your Majesties Loyall Subjects doe more consider our Zeale and Duty to Your Majestie then any difficulties under which wee labour Wee have chearefully and unanimously given and granted and by these presents doe give and grant unto Your most Excellent Majestie the summe of Twelve hundred and fifty thousand pounds to be raised and leavyed in manner following And we doe most 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 Parliament assembled and by [the (fn. 2) ] Authority of the same That the summe of Twelve hundred and fiftie thousand pounds shall be raised leavyed and paid unto Your Majestie within the space of Two yeares in manner following That is to say Whereas in and by a certaine Act of Parliament lately passed intituled An Act for granting a Royall Ayde unto the Kings Majestie of Twenty fower hundred threescore and seaventeene thousand and five hundred pounds to be raised leavyed and paid in the space of Three yeares. It was amongst other things enacted. That the summe of Threescore and eight thousand eight hundred and nineteene pounds and nine shillings by the moneth for Thirty six monethes begining from the Five and twentyeth day of December One thousand six hundred sixtie [and (fn. 3) ] fower should be assessed taxed collected leavyed and paid by Twelve Quarterly payments in the severall Countyes Cittyes Burroughes 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 (fn. 4) ] as in the said Act is expressed, One yeares payment whereof that is to say Fower quarterly Payments will be fully expired upon the Five and twentyeth day of December in the yeare of our Lord One thousand, six hundred sixtie five, and two yeares payment more will be then to come and unexpired
II. Grant of the Tax by Payments of £52,083. 6s. 8d. by the Month for 24 Months.
It is now further enacted by the Authoritie aforesaid That the summe of Fifty two thousand fowerscore and three pounds six shillings and eight pence by the moneth for Twenty fower monethes begining from the five and twentyeth day of December One thousand six hundred sixtie five shall be assessed taxed collected levyed and paid by eight quarterly payments in the severall Countyes Cittyes Burroughes Townes and Places within England and Wales and the Towne of Berwicke upon Tweede over and above the summe of Threescore and eight thousand eight hundred and nineteene pounds and nine shillings by the moneth which is to remaine and continue payable dureing the said twenty fower monethes by vertue of the said former Act and as an Addition to, and increase of the said monethly Assessment according to these further Rates Rules and Proportions in such manner as herein after is expressed that is to say for every of the said Twenty fower monethes
Rates of Counties.
The County of Yorke with the Citty and County of the Citty of Yorke and Towne ( (fn. 6) ) of Kingstone upon Hull the summe of Two thousand six hundred twenty five pounds eight shillings seaven pence three farthings.
The Citty of London with the [Liberty (fn. 6) ] of St Martine Le Grand the summe of Three thousand eight hundred fifty three pounds two shillings ten pence three farthings.
The County of [Oxon (fn. 7) ] the summe of Eight hundred fifty nine pounds six shillings eight pence farthing.
The County of Merioneth the summe of Seaventy six [pound (fn. 8) ] five shillings eight pence three farthings.
The County [of (fn. 9) ] Pembrooke the su[m]me of Two hundred forty seaven pounds one shilling seaven pence three farthings.
The Towne of Haverford West the summe of Eleaven [pound (fn. 8) ] nine shillings seaven pence.
III. Commissioners under the said Act to be Commissioners under this Act and to have and execute the like Powers, &c.; and all Persons liable to or employed in levying, &c. the Monies imposed by this Act; shall be under and subject to the Regulations and Penalties of the former Act.
And bee it further enacted by the Authoritie aforesaid That all and every the persons who are nominated in and by the said former Act to be Co[m]mis[sion]ers of and for the severall and respective Countyes Cittyes Burroughes Townes. and places therein mentioned shall likewise be and soe are hereby appointed to be Co[m]mis[sion]ers for execution of this present Act within the said severall and respective Countyes Cittyes Burroughes Townes and places for which they were nominated in the aforesaid Act, and shall have and execute the like Powers and Authorityes Rules and Directions touching the better assessing collecting levying receiving and paying the said Fifty two thousand fowerscore and three pounds six shillings and eight pence by the moneth dureing the said Twenty fower monethes as in and by the aforesaid Act were given to the said Co[m]mis[sion]ers touching the better assessing collecting levying receiving and paying the said Threescore and eight thousand eight hundred and nineteene pounds and nine shillings by the moneth payable as aforesaid, And all and every person or persons who shall be lyeable unto or any waies concerned [or imployed (fn. 10) ] in the assessing collecting leavying receiving or paying any of the moneyes. by this Act imposed shall have like benefitts advantages and discharges and shall be subject to like penalties and forfeitures in case of any negclect or refusall to pay their respective Assesments or to performe their respective Dutyes as any other person or persons lyeable unto or concerned or imployed in the assesing collecting leavying receiving or paying any of the moneyes by the said former Act imposed ought to have or be subject unto as fully and amply as if the same Clauses Matters and things had beene in this Act perticularly repeated and enacted, To the end that the Monethly Assessments which will remaine due and payable by vertue of the said former Act, and the monethly Additions thereunto made by ( (fn. 11) ) vertue of this present Act may be duely answered and paid in as aforesaid.
IV. Commissioners to meet 10th January next, and Three Weeks before each Quarterly Payment.
And bee it further enacted That the severall Co[m]mis[sioners shall meete together at the most usuall and co[m]mon place of meeting as in the said Act is directed on or before the Tenth day of January next to putt this Act and the said former Act in execution according to the best of their Judgements and Discretions, and shall then if they see cause subdivide themselves as by the said Act is further directed concerning the said former Assessment. And further That they meete at least three Weekes before each quarterly Payments [for (fn. 12) ] the said severall Assesments for the purposes aforesaid, And that the said Eight quarterly Payments of Fifty two thousand fowerscore and three pounds six shillings & eight pence by the Moneth amounting in each Quarter to the summe of One hundred fifty six thousand two hundred and fifty pounds shall be assessed collected levyed and paid to the Receivour of the severall Countyes appointed or that shall be appointed by His Majestie and by them answered and paid into His Majestyes Exchequer on the dayes and times mentioned and expressed in the said Act for Payment of the said First Assessment.
V. Book to be kept in the Exchequer, and Monies entered separate from Monies raised under the said former Act; and also a Book for Payments to Lenders and to Persons furnishing Goods, &c.
And to the intent that all [Moneyes (fn. 13) ] to be lent to Your Majesty and Moneyes that shall be due upon such Contracts for Wares and Goods which shall be delivered for this service may be well and sufficiently secured out of the Moneyes ariseing and payable by this Act Bee it further enacted by the Authoritie aforesaid That there be provided and kepte in His Majestyes Exchequer (to witt) in the Office of the Auditor of the Receipt one Booke or Register in which Booke or Register all Moneyes that shall be paid into the Exchequer by this Act shall be entred [& registred (fn. 14) ] apart and distinct from the Moneyes paid or payable to Your Majestie on the before mentioned Act and from all other Moneyes or Branches of Your Majesties Revenue whatsoever And that alsoe there be one other Booke or Registry provided or kepte in the said Office of all Orders and Warrants to be made by the Lord Treasurer and Under Treasurer or by the Co[m]mis[sion]ers of the Treasury for the time being for payment of all and every Summe and summes of money to all persons for moneyes lent Wares or Goods bought or other payments directed by His Majestie relateing to the service of this Warr And that noe moneyes leavyable by this Act be issued out of the Exchequer dureing this Warr but by such Order or Warrant mentioning that the moneyes payable by such Order or Warrant are for the service of Your Majestie in the said Warr respectively.
VI. Auditor's Book.
VII. Lenders and Furnishers of Goods, &c. to have free Access to Books.
Tally for Money lent. ; Interest at? £6 per Cent, per Ann. to be paid every Six Months. ; Persons furnishing the Navy or Ordnance with Goods, to have Warrants for Payments forthwith, on Certificate without Fee.; Orders to be registered and paid in due Course without undue Preference.; Who shall be accounted the First Person to be paid; who the Second, and so successively,; No Fees for providing Books; or for Payment upon Orders.; Penalty.; Undue Preference by Officer; Penalty.; By Deputy; Penalty.; Auditor, Clerk of the Pells, or Teller offending; Penalty.
That it shall be lawfull for any person or persons willing to lend any money or to furnish any Wares Victualls Necessaries or Goods on the credit of this Act at the usuall times when the Exchequer is open to have accesse unto and view and peruse all or any of the said Bookes for their Information of the state of those Moneyes and all Ingagements upon them for their better incouragement to lend any Moneyes or furnish any Goods or Wares as aforesaid. And that the respective Officers and their Deputyes and Clerks in whose custodie such Bookes be or shall be, shall be assistant to such persons for their better and speedier satisfaction in that behalfe, That all and every person and persons who shall lend any moneyes to Your Majestie and pay the same into the Receipt of the Exchequer shall immediately have a Tally of Loane strucke for the same, and an Order for his repayment bearing the same Date with his Tally, in which Order shall be alsoe a Warrant contained for payment of Interest for forbearance after the rate of Six per Cen? per Annum for his consideration to be paid every Six monethes untill the repayment of his Principall, And that all person and persons who shall furnish Your Majestie, Your Officers of the Navy or Ordnance with any Wares Goods Victualls or other necessaries for the service aforesaid shall upon Certificate of the Co[m]mis[sion]ers and Officers of the Navy, or of the Master or Co[m]mis[sion]ers & Officers of the Ordnance or some of them without delay forthwith [have (fn. 14) ] made out to them Warrants or Orders for the payments of the moneyes due or payable unto them, which Certificates the said Officers of your Navy, Co[m]mis[sion]ers and Officers of the Ordnance shall make without Fee Charge or Delay, And that all Orders for [the (fn. 15) ] repayments of money lent shall be registred in course according to the Date of the Tallyes respectively, And that all Orders signed by the Lord Treasurer and Under Treasurer of the Exchequer for the payment of money for Goods Wares Victualls and other necessaries furnished to your Majestie, your Officers Master or Co[m]mis[sion]ers aforesaid shall be registred in course according to the time of bringing to the Office of the Auditor of ( (fn. 16) ) Receipt the Certificates above mentioned, And that all Orders soe signed for payments directed by his Majestie shall be entred in course according to their respective Dates, and none of the sortes of Orders abovementioned either for Loanes of Money, Supplyes of Wares Goods Victualls or Necessaries or by speciall direction shall have preference one before another, but shall all be entred in their course according to the Dates of the Tallyes, the times of bringing the Certificates and the dates of the Orders for payments directed by his Majestye 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, be it Orders for payments directed by His Majestie or for moneyes le nt or for Wares Co[m]modities or other necessaries furnished as aforesaid soe as that that person his Executors Administrators and Assignes who shall have his Warrant or Order Warrants or Orders first entred in the said Booke of Registry shall be taken and accounted as the first person to be paid upon the moneyes to come in by vertue of this Act, and he or they that shall have [his or (fn. 17) ] their Warrants or Orders Warrant or Order next entred shall be taken and accounted the second person to be paid and soe successively and in course. And that the moneyes to come in by this Act shall be in the same order lyeable to the satisfaction of the said respective partyes their Executors Administrators or Assignes successively without preference of one before another and not otherwise. And that noe Fee Reward or Gratuity directly or indirectly be demanded or taken of any of Your Majestyes Subjects for provideing or makeing of such Bookes, Registers, Entryes, View, Search, Certificate in or for payment of money lent, or the interest thereof, or for payment of any money upon any Order upon any Contract for Wares and goods furnished to the use of your Majesties Navy and Ordnance as aforesaid by any of your Majesties Officer or Officers their Deputies or Clerkes on paine of payment of treble dammages to the party grieved by the partie offending with costs of Suite, And 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 before another shall be made either in point of registring contrary to the true meaning of this Act by any such Officer or Officers, then the partie offending shall be lyeable by Action of Debt or on the case to pay the value of the Debt Damages and Costs to the partie grieved, And shall be forejudged from his Place or Office. And if such preference be unduely made by any his Deputie or Clerke without direction or privity of his Master then such Deputie or Clerke onely shall be lyable to such Action Debt Damages and Cost and shall for ever after be incapeable of the same, And in case the Auditor shall not direct the Order, or the Clerke of the Pells record or the Teller make payment according to each persons due place and order as afore directed then he or they shall be judged to forfeite and their respective Deputies and Clerks herein offending be lyeable to such Action Debt Damages and Costs in such manner as aforesaid
VIII. Paying Tallies of the same Date, &c. on the same Day no undue Preference.
Provided alwayes and it is hereby declared That if it happen that severall Tallyes of Loane or Certificates for Wares delivered or Orders for Payments from his Majestie as aforesaid beare date or be brought the same day to the Auditor of the Exchequer to be registred Then it shall be interpreted noe undue preference which of these he enters soe he enter them all the same day.
IX. Payments of subsequent Orders, if first demanded, no undue Preference, so as sufficient Money be reserved.
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 to 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 kepte for them Interest upon Loane being to cease from the time the money is soe reserved and kepte in Bancke for them,
X. Tallies may be assigned.
And bee it further enacted by the Authoritie aforesaid That every person or persons to whom any money shall be due by vertue of this Act after Warrant or Order entred for payment thereof, his Executors Administrators or Assignes by Indorsement of his Order or Warrant may assigne and transfer his Interest and Benefit of such Warrant to any other, which being notified and an Entry and Memoriall thereof alsoe made in the said Registry for Warrants (which the Officers shall on request without Fees or Charge accordingly make) shall intitle such Assignee his Executors Administrators and Assignes to the benefit 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 the Moneyes thereby due or any part thereof.
XI. Interest at £6 per Cent. per Ann. On Advance of the Tax.; Receiver's Acquittance a Discharge.; Money to be paid into the Exchequer.
And in case any person or persons bee willing to advance the Taxe they themselves are to pay, or the Taxe of any Tything Hundred Parish Division or County for six monethes or more unto the Receivour Generall of that place or County, The said Receiver Generall is hereby authorized to receive the same and to make deduction of soe much for Interest after the rate of Six per Centum per annum as the Advance amounts unto, and the Receivers Acquittance shall be a sufficient discharge for the same which money soe advanced shall be accounted for and paid into the Exchequer by itselfe quarterly.